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HomeMy WebLinkAbout2016-02-11 (Lukens/Las Lomas Lane)RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 No Tax Due Exempt Transfer Revenue & Taxation Code § 11922 RECEIVE=D FEB 292016 TOWN MANAGERS OFFICE TOWN OF TIBURON II II IIIIIIIIIIIII 1111 IIIIIIIIIIIII 2016-0006517 Recorded REC FEE 0.00 Official Records County of Harin RICHARD H. BEHS011 Assessor -Recorder County Clerk 01:33P11 16 -Feb -2016 a Page 1 of 12 V&( e (ess 4 -Ler. ' oo. SPACE ABOVE THIS LINE FOR RECORDER'S USE [Exempt from recording fee per Gov. Code § 27383] GRANT OF EASEMENT C(',esdAu-+ .A(.4ep+ ee..Att'«.c..e % Ll[�✓1 THIS GRANT OF EASEMENT is made this /i r day of '(--6 L ) , 2016, by and between William M. Lukens and Susan F. Lukens, husband and wife ("Grantor"), and the Town of Tiburon, a California municipal corporation ("Grantee"). RECITALS A. Grantor is the fee owner of that certain real property located in the Town of Tiburon, County of Marin, State of California shown on Exhibit A, attached hereto and incorporated herein by this reference ("Grantor Property"). B. Located on the Grantor Property, there exists a stairway and pathway connecting two public streets and further described in the legal description on Exhibit B, attached hereto and incorporated herein by this reference ("Las Lomas Lane Stairway and Pathway"). C. Grantor has filed a quiet title action in Marin County Superior Court for the purposes of quieting title to property including the Las Lomas Lane Stairway and Pathway with judgment (amended) quieting title entered on March 6, 2015 and recorded on April 20, 2015. D. Grantor desires to grant to Grantee a public access easement over the Las Lomas Lane Stairway and Pathway ("Easement Area") for pedestrian egress and ingress to and from public roadways, right of ways or easements adjacent thereto. TERMS AND CONDITIONS NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained in this Grant of Easement, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor hereby grants and conveys to Grantee, its successors and assigns, a permanent nonexclusive easement over and across the Easement Area for the purposes of public pedestrian egress and ingress to and from public roadways, right of ways or easements geographically adjacent thereto and which are otherwise legally open and/or accessible to members of the general public (the "Easement"). Grant of Easement Las Lomas Lane Stairway & Pathway Page 1 2. Maintenance Obligation. Grantee shall be responsible for maintaining the stairway within the Easement for public use and shall indemnify, defend and hold Grantor harmless from any claims arising from the public's use of the Easement, except for those arising from the negligence or willful action or omission of Grantor. 3. Duration of Easement. Grantee, its successors and assigns shall hold the Easement forever, for the objects and purposes above stated. 4. Entire Agreement. This Grant of Easement represents the entire understanding of Grantor and Grantee as to those matters contained herein. No prior oral or written understanding shall be of any force or effect. 5. Amendment. This Grant of Easement may be modified only by the written consent of the parties, evidenced by a document that has been fully executed, acknowledged and recorded in the Official Records of Marin County, California. 6. Authority. Each party executing this Grant of Easement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind. 7. Binding Upon Successors and Assigns. This Grant of Easement shall run with the Easement Area. All of the terms, covenants and conditions of this Grant of Easement shall be binding upon Grantor and Grantee and their permitted successors and assigns. 8. No Waiver. A waiver by either party of a breach of any of the covenants, agreements, restrictions or conditions under this Grant of Easement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Grant of Easement. 9. Recordation. Following execution by all parties, Grantee shall record this Grant of Easement with the Marin County Recorder's Office. 10. Interpretation. This Grant of Easement has been drafted by both parties and no rule of construction shall be applied that would result in ambiguities being interpreted against either party as drafter. IN WITNESS WHEREOF, the parties have executed this Grant of Easement as of the date first above written. Grant of Easement GRANTOR: A. William M. Lukens (signature must be notarized) Las Lomas Lane Stairway & Pathway Page 2 ATTEST: Diane Crane Iacopi, Town Clerk APPROVED AS TO FORM: Benjamin L. Stock, Town Attorney Attachments: Exhibits A and B Grant of Easement AGN Susan F. Lukens (signature must be notarized) GRANTEE: Town of Tiburon, a mu iicipa1 corporation By: Name: Its: (signature must be notarized) 719 t;JAJ /ti(,y4A)54 s Las Lomas Lane Stalrway & Pathway Page 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 t_e� ,cam, <.e}. ,v.<.set.e.<!:�<^. <r -k <-t<.s�N�� Niter¢! <.ee<r;�t!:�•.v.<!�<!ca .e5.6.e\<.75<.e,<! .7, .7,<.a.0:00.70.v,..7aG/..-7, .7, . ,e.AS,..7, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California / ) County of ,�v( 2-110- ) On �° �t 1/7 020/0 before me, arid 1V' "� Y t��i ��c Date Here Insert Name and T tle of the Officer r4) /W Lukiur �' �r u � Luk f. personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANE CRANE IACOPI Commission # 2026625 NotaryPublic - CalNomia *►% Com?MmCy 7oAain mme Place Notary Seal Above WITNESS my hand and official -al. Signature Signature of Not. Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document • Title or Type of Document: r<= % cn -1.1 Document Date: P:64- - "/r .LII/0 6 .Number of Pages: 3Y- S1gner(s) O her Than Named Above: : - 'z ',a t -� ' (7 /4) - .� 1) i91C f/(2) Capacity(ie�j(.Iai edhby Signers) rt. Signer's Name: Cv.GLcC2L., /t( /-0 .i Signer's Name: vS10(2k, ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator RJ Other: G .\/-?f` Signer Is Representing: r Ii -us hz.,t4 r- tofre ❑ Partner — ❑ Limited ❑ General XI Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator N. Other: (!?.,I;� TG'i Signer Is Representing: -. .d0. , 6...•y.•w...w.,.WV:4y..ev.-•d'AV .'eV 'AV -.e,•- 'AV -•s'..e�.•e'pAd.•a' s' .e'- .,.e,'. ei. e' -•a. c'. _ _ ._. .=. '`L `LGZ ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Z.✓l h. ) On /1u6/� �"� , ��, �0 1 �° before me,/''/?-44-e�-P _.7---e--r: /0014-1-� Date Here Insert Name and Title of the Officer personally appeared 6 r'PT CIL eit( f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANE CRANE IACOPI Commission • 2026625 ! Notary Public - California -a",77-" Marin County M Comm. Ex'res May 31. 2017 Place Notary Seal Above WITNESS my ha d- o/fficjaf)seal. C Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: (c- i:'. A» (-I E 1. -1- Document Date: i 4 • t// LD/.417 Number of Pages: f C Signer(s) Other Than Named Above: W -a -et -f C) 2-k- L' .• Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): •>rk/,/ /1,(4/1 6LK ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer's i�lar.�ei. El Corporate Office — Title(s): ❑ Partner — ❑ Limite General CI Individual DIAttorne 'rFact El Trustee ❑ Guardian or Cons Other: CI Other: ,�.di-Er Signer Is Representing: 77414/ �'' / //rX/61.,igner Is Representing: rvator ai GrgGr 42, G,. u.. dd i..•ei m ✓<•®r •s, ai.•y.-c. •e..•er.•d ••eiL ri es b• b• G,- N• ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Exhibit A Legal Description of Grantor's Property A portion of Las Lomas Lane and Centro West Street situated in the City of Tiburon, County of Marin, State of California, described as follows: Beginning at a point on the easterly line of Las Lomas Lane, as said Lane is shown on. that certain Record of Survey entitled, "Lot Line Adjustment, Record of Survey, Lands of Lukens, As Described in D.N. 94-087632, 94-087633, & 94-087634," filed for record on August 2, 1997, in Book 33 of Surveys at Page 97, Marin County Records, said point bears South 08°20'00" West 63.67 feet from the intersection of the courses North 08°20'00" East 84.50 feet and North 26°11'08" East 73.61 feet as shown on said Record of Survey; 1. Thence continuing along the easterly line of said lane North 08°20'00" East 63.67 feet; 2. Thence North 26°11'08" East 189.11 feet (North 26°14' West 189.2 feet Deed) to the northerly corner of the parcel of land described in the Grant Deed to Wiliam M. Lukens and Susan F. Lukens, filed for record December 29, 1994, as Document Number 94-087633, Marin County Records and the intersection of said Las Lomas Lane and Centro West Street ; 3. Thence North 2+6°11'08" East 13.85 feet; 4. Thence North 67°16'41" West 9.21 feet; 5. Thence along a curve to the left, whose center bears South 22°43' 19" West, with a radius of 64,00 feet, through a central angle of 22°04'16" with a length of 24.65 feet; 6. Thence North 89°20'57" West 11.88 feet; 7. Thence on a curve to the left whose center bears South 00°39'03" West, with a radius of 34.00 feet, through a central angle of 42°06'52" with a length of 24.99 feet; 8. Thence South 48°32' 11" West 16.82 feet; 9. Thence on a curve to the right, whose center bears South 15°58'03" West, with a radius of 17.76 feet, through a central angle of 55°34'46", with a length of 17.22 feet; 10. Thence on a compound curve to the right, whose center bears South 71°32'49" West, with a radius. of 30.00 feet, through a central angle of 38°55'40", with a length of 20.38 feet to the northeasterly corner of the parcel of land described in that .certain Grant Deed to Maria S Lukens and Peter A Lukens, filed for record July 8, 2014, as Document Number 2014-0028174, Marin County Records and the intersection of Las Lomas Lane and Centro West Street; 11. Thence along Las Lomas Lane South 20°28'29" West 142.57 feet (South 19°44'00" West 143.90 feet Deed); 12. Thence South 09°04'29" West (South 09°04'29" West Deed) 65.21 feet; 13. Thence leaving said line South 80°55'31 East 30.00 feet to the Point of Beginning. Gfc 01. P.aoca Exhibit B Legal Description of the Los Lomas Stairway & Pathway Property All that certain real property situate in the Town of Tiburon, County of Marin, State of California, described as follows: A portion of the Lands of Lukens, as described in that certain Amended Judgement of Quiet Title, recorded April 20, 2015 as Document Number 2015-18082, Marin County Records, also being a portion of the lands commonly known as "Las Lomas Lane" as shown on that certain map entitled, "Lot Line Adjustment, Record of Survey, Lands of Lukens, As Described in D.N. 94-087632, D.N. 94-087633, & D.N. 94-087634" recorded on August 2, 1995 in Book 33 of Surveys at Page 97, Marin County Records. Beginning at the most southerly corner of said Lands of Lukens, said point being on the easterly line of said Las Lomas Lane, as said Lane is shown on said Record of Survey, 33 O.S. 97, said point bears South 08°20'00" West 63.67 feet from the intersection of the courses North 08°20'00" East 84.50 feet and North 26°11'08" East 73.61 feet as shown on said Record of Survey; 1. Thence along the southwesterly line of said Lands of Lukens, North 80°55'31" West 6.37 feet; 2. Thence leaving said line North 09°23'00" East 67.87 feet; 3. Thence North 27°55'00" East 23.87 feet; 4. Thence North 64°55'30" West 4.06 feet; 5. Thence North 25°04'30" East 20.15 feet; 6. Thence South 65°21'00" East 4.91 feet; 7. Thence North 26°11'08" East 88.50 feet; 8. Thence North 63°48'52" West 3.00 feet; 9. ' Thence North 26°11'08" East 50.09 feet; 10. Thence North 42°44'03" West 9.60 feet; 11. Thence North 56°29' 15" West 9.42 feet to a point on the northerly line of said Lands of Lukens, said line being also the southeasterly line of Centro West Street; 12. Thence along said line, South 89°20'57" East 4.49 feet; 13. Thence on a curve to the right whose center bears South 00°39'03" West, with a radius of 64.00 feet, through a central angle of 00°45'29", a length of 0.85 feet; 14. Thence leaving said line South 40°44'50" East 7.51 feet; 15. Thence South 56°29'15" East 9.35 feet; 16. Thence South 42°44'03" East 12.82 feet; 17. Thence South 26°11'08" West 47.63 feet; 18. Thence South 63°48'52" East 4.00 feet to a point on the southeasterly line of said Lands of Lukens; 19. Thence along said line South 26°11'08" West 140.25 feet; 20. Thence South 08°20'00" West 63.67 feet to the Point of Beginning. p.` o'3 This description was written by: P. :62e. Lawrence P. Doyle P.L.S. 4694 P-c°.c3 PL3 •-f-3 RESOLUTION NO. 04-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN OFFER OF DEDICATION FROM WILLIAM AND SUSAN LUKENS FOR A PUBLIC PEDESTRIAN ACCESS EASEMENT OVER AN UNDEVELOPED PORTION OF LAS LOMAS LANE WHEREAS, William and Susan Lukens have offered to the Town of Tiburon an easement for public pedestrian purposes over a portion of their property comprising an undeveloped segment of Las Lomas Lane; and WHEREAS, the grant of easement will perfect public access over a well -used pathway and stairway connecting Centro West Street to Mar West Street and points beyond and will constitute a fine addition to the Town's pedestrian circulation system; and WHEREAS, the Planning Commission and Town Council have found and determined that the acquisition would be consistent with the Tiburon General Plan; WHEREAS, the Town of Tiburon greatly appreciates the community spirit and generosity of the grant of easement by Mr. and Mrs. Lukens free of charge and on a purely voluntary basis. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts the offer of dedication of the easement3 attached• .bo sh'h'*' d -incorporated er°eir, and authorizes the Town Manager to execute it and cause said document, along with this Resolution, to be recorded in the Official Records of Marin County. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 20, 2016 by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Tiburon Town Council ERIN TOLLINI, MAYOR . • TOWN OF TIBURON Resolution No. 04-2016 01/20/2016 ATTEST: /32 DIANE CRANE IACOPI, TOWN CLERK Exhibits: 1. Grant of Easement ti\111,1111fJ'I 111 X011. llll. \ - j' b r. . •• 1 . 1}• / . y• . • ..... s\ i \S - .', lllllt. Tiburon Town Council Resolution No.04-2016 01/20/2016 2