HomeMy WebLinkAboutTC Res 1997-09-03 (4)
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MARIN COUNTY
RECORDER
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RECORDING REQUESTED,
RETURN TO: TOWN CLERK
TOWN OF TffiURON
1505 TffiURON BOULEVARD
TffiURON, CA 94920
SEP 2 4 1997
THIS STAMP CONFIRMS
RECORDING DATA ONLY
THIS STAMP CONFIRMS
RECORDING DATA ONLY
97-053524
RESOLUTION NO. 3241
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON
CONVEYING A VACATED FIVE FOOT WIDE ROAD RIGHT OF WAY AND
VACATING A TEN FOOT WIDE SLOPE EASEMENT ALONG HACIENDA DRIVE
ASSESSOR PARCELS 39-271-27 & 28
WHEREAS, a five (5) foot wide right-of-way strip and ten (10) foot wide slope easement
strip along Hacienda Drive, both approximately 348 feet in length, were dedicated to the Town as
a condition ofa two-lot subdivision approved for ML Chester Bowles in 1965; the conveyance of
this right of way and easement being recorded in Book 1918 of the Official Records of Marin
County, Page 268; and,
WHEREAS, in May, 1994, the Town Council vacated the above-referenced right-of-way
strip through the adoption of Resolution No, 3022, after making all the necessary findings and
following all procedural requirements; and,
.f""" WHEREAS, ML Robert Wayne, the property owner sllcceeding Mr, Bowles, has
requested that the Town complete the transaction by formally conveying the property and by
vacating the ten (10) foot wide slope easement; and
WHEREAS, in January, 1997, the Planning Commissio[lJeviewed the matter, concluded
that the disposition of the property was consistent with the General Plan, and recommended
conveyance of the property and vacation of the slope easement provided that public pedestrian
access rights over Hacienda Drive in the vicinity ofML Wayne's property not be adversely
affected by the transaction; and
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WHEREAS, the Town has researched the matter and c6acluded that conveyance of the
right-of-way strip and vacation of the slope easement will not adversely affect existing public
pedestrian access rights over Hacienda Drive, which have been secured through independent
means, and that the right-of-way and slope easement are not required for the purpose for which
they were acquired. -
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NOW, THEREFORE. BE IT RESOLVED by the Town Council of the Town ofTiburon
that:
1. The Town does hereby quitclaim to ML Robert Wayne all interest in the five (5) foot wide
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right-of-way strip along Hacienda Drive as shown on attached Exhibit "An, being a plat of
the map recorded in Book 16 of Parcel Maps, at Page 96, Marin County Records. The
Council further authorizes the Mayor to execute the deed.
2.
Pursuant to Chapter 4 Section 8334(a) of the California Streets and Highways Code, the
Town does hereby vacate that ten (10) foot wide slope easement along Hacienda Drive as
shown on attached Exhibit" An. as described herein.
3.
This summary vacation is made pursuant to the authority of Chapter 4, Section 8334(a) of
the California Streets and Highways Code which allows municipalities to summarily vacate
an excess right of way of a street not required for street purposes.
4.
This vacation is made because Hacienda drive is no longer planned as a through roadway
and the roadway dead-ends into public open space. No future improvements or loadings
of the roadway are planned.
5.
In adopting this resolution, the Town Council in no way waives or releases any public
access rights over the adjacent 50 foot wide Hacienda Drive roadway and utility easement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on September 3. 1997, by the following vote:
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AYES:
COUNCILMEMBERS:
Ginalski, Hennessy, Thayer & Wolf
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Thompson
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THERESE M. HENNESSY, OR
TOWN OF TffiURON
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DIANE L. CRANE, TOWN CLERK
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