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HomeMy WebLinkAboutTC Res 2016-03-16Las Lomas Lane (portion) Adjacent to Assessor Parcel Nos. 059-122-56 & 57 Exempt from Recording Fee per Gov. Code Section 27383 Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION Value less than $100. RESOLUTION NO. 10-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON VACATING A RELOCATED PUBLIC RECREATIONAL TRAIL LOCATED ON AN UNDEVELOPED PART OF LAS LOMAS LANE AND RESCINDING THOSE PORTIONS OF TOWN COUNCIL RESOLUTION 51-2005 PERTAINING TO THE ACCEPTANCE OF THE LAS LOMAS LANE RECREATIONAL TRAIL WHEREAS, on October 5, 2005 the Town of Tiburon accepted a public recreational trail over a portion of Las Lomas Lane through adoption of Town Council Resolution No. 51-2005, subsequently recorded as document number 2005-0080162 in the official records of Marin County; and WHEREAS, the Town has determined that said public recreational trail constitutes a public service easement as that term is defined in California law; and WHEREAS, on January 20, 2016, the Town Council accepted a public pedestrian easement over the undeveloped portion of Las Lomas Lane, which among other things partially relocated the recreational trail accepted by Town Council Resolution No. 51-2005 in order to better conform to the existing path alignment as currently used by the public; and WHEREAS, the Town's acceptance of the public pedestrian easement was recorded in the official records of Marin County on February 16, 2016 by document number 2016-0006517; and WHEREAS, in January, 2016, the Planning Commission reviewed the matter, concluded that the disposition of the public service easement/recreational trail portion was consistent with the General Plan, and recommended vacation of the public service easement/recreational trail that was relocated through acceptance of the aforementioned public pedestrian easement; and WHEREAS, the Town Council has determined that the public service easement/recreational trail that was accepted by the adoption of Resolution No. 51-2005 is no longer required for public access purposes or for any future street purposes; and WHEREAS, the Town Council has determined that there are no in-place public utility facilities that would be affected by the vacation. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that: 1. Pursuant to Chapter 4, Section 8333 of the California Streets and Highways Code, the Town of Tiburon does hereby summarily vacate the recreational trail/public service easement accepted by Town Council Resolution No. 51-2005, said easement being described and depicted in attached Exhibit "A", adopted herewith and incorporated herein as a part of this Resolution. Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Page I 1 2. This summary vacation is made pursuant to the authority of Chapter 4, Section 8333 of the California Streets and Highways Code, which allows for summary vacation of public service easements by a municipality if the easement has been superseded by relocation and there are no other public facilities within the easement. 3. This summary vacation is made because the affected public service easement/recreational trail has been relocated and replaced by the grant of easement recorded as document number 2016-0006517 of Marin County Records. 4. The Town Clerk is directed to file this resolution with Marin County Recorder's Office within ten (10) working days of execution. 5. The Town Council does hereby rescind those portions of Tiburon Town Council Resolution 51-2005 pertaining exclusively to Las Lomas Lane. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 16, 2016, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: (-C.: , -(e-P_--------1' ERIN TOLLINI, MAYOR TOWN OF TIBURON DIANE CRAN ACOPI, TOWN CLERK Attachment: Exhibit "A" (Legal Description and Graphic Depiction) -2 pages Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Page 12 DESCRIPTION All that certain real property situate in the Town of Tiburon, County of Marin, State of California, described as follows: A portion of land 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 a point on the southerly line of Centro West Street that bears South 77°50'41" West 50.19 feet from the northerly corner as shown upon that said map; 1. Thence leaving said southerly line of Centro West Street South 03°55'00" East 20.30 feet; 2. Thence South 53°35'00" East 29.66 feet to a point on the easterly line of said Las Lomas Lane; 3. Thence along said easterly line South 26°11'08" West 135.15 feet; 4. Thence South 08°20'00" West 63.99 feet; 5. Thence leaving said easterly line North 76°23'32" West 6.39 feet; 6. Thence North 09°23'00" East 67.68 feet; 7. Thence North 27°55'00" East 23.87 feet; 8. Thence North 64°55'30" West 4.06 feet; 9. Thence North 25°04'30" East 20.15 feet; 10. Thence South 65°21'00" East 4.91 feet; 11. Thence North 26°11'08" East 82.01 feet; 12. Thence North 31°18'00" West 6.24 feet; 13. Thence North 53°35'00" West 22.45 feet; 14. Thence North 03°55'00" West 17.88 feet to a point on said southerly line of Centro West Street; 15. Thence along said southerly line North 42°39'00" East 6.89 feet to the point of beginning. This description was prepared by: c P G- Lawrence P. Doyle P.L.S. 4694 Exp. 9/30/03 AND sod G • �c, E P, o\o 3 � 1 * No.4694 .I JJ. yTf of CAI. EXHIBIT "A" (P. 1 OF 2) 0 W N aco Z0) Z 0 0 z 0 F 0 u) W J m i— W Z J O 0 1n rr) O z !-LJ •O O ro 10 rr) to 1n 170 O N CO O O O co 0 1n Id O r') In In 1n IiJ O O r') 10 } 0 O 10 (0 (0 O cn W O O O O r) Cr) 0) Ir) co 1D 0 1) O N 0) �f- N 10 (0 10 N N co co N 0) O J N J -J J 10 J (D J N J 00 J 0) J O J J J r0 J J (D J EXHIBIT "A" (P. 2 OF 2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :.(.[vC-:C�.S'iC'iCvC^'.C�vC`r.CvCCR���uliC�iliC:�iG'SvY"�'•�•^t.if•.A .A ..4Y .H .Gk -SS AN -.5T4,4i i, 5,•6}.l'A�,p-ice 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 A/� On d before me, / �`Q cere..4 Tac -.54,/,' H, .4)067 /147/Z �re Insert Name and Title oftOfficer Date / personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(e) whose name() is/a+e subscribed to the within instrument and acknowledged to me that tae/she/they executed the same in Ns/her/their authorized capacity(ies), and that by his/her/the+ signature(&) on the instrument the person(€), or the entity upon behalf of which the person(€) 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 Notary Public - California Marin County My Comm. Expires May 31, 2017 Place Notary Seal Above WITNESS my hand Signature offici- -a 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 Docume_ni;.., Ale, 1 70 ! �0� Title or Type of Document: d '6 Document Date: Number of Pages: ( Signer(s) Other Than Named Above: //1 Capacity(ies) Claimed b Si��r(s) Signer's Name: �ictit % V Corporate Officer — Title(s): /Lf 4 yog ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: -t,.J4/ 9/ 7?, alit/ /. b K. t/ d b b Signer's Name: O Corporate Officer — Title(s): ❑ Partner — C Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: b b 'd.''!f 't/ 'b b4'd 4'd e'4'ct 'b. b We/ 'd •d w'•N .d'.d ` d 'Nei• b•'b•. V e+• d 6'4s' 4, d' RgVS ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 1111111111111111111111111111111111111111111 2016—OO �5 Recorded Official Records County of Marin RICHARD M. BENSON Assessor -Recorder County Clerk 08:01011 21-tla r -2016 REC FEE 0.00 CONFORMED COPY 0.00 a Page 1 of 6 Las Lomas Lane (portion) Adjacent to Assessor Parcel Nos. 059-122-56 & 57 Exempt from Recording Fee per Gov. Code Section 27383 Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION Value less than $100. RESOLUTION NO. 10-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON VACATING A RELOCATED PUBLIC RECREATIONAL TRAIL LOCATED ON AN UNDEVELOPED PART OF LAS LOMAS LANE AND RESCINDING THOSE PORTIONS OF TOWN COUNCIL RESOLUTION 51-2005 PERTAINING TO THE ACCEPTANCE OF THE LAS LOMAS LANE RECREATIONAL TRAIL WHEREAS, on October 5, 2005 the Town of Tiburon accepted a public recreational trail over a portion of Las Lomas Lane through adoption of Town Council Resolution No. 51-2005, subsequently recorded as document number 2005-0080162 in the official records of Marin County; and WHEREAS, the Town has determined that said public recreational trail constitutes a public service easement as that term is defined in California law; and WHEREAS, on January 20, 2016, the Town Council accepted a public pedestrian easement over the undeveloped portion of Las Lomas Lane, which among other things partially relocated the recreational trail accepted by Town Council Resolution No. 51-2005 in order to better conform to the existing path alignment as currently used by the public; and WHEREAS, the Town's acceptance of the public pedestrian easement was recorded in the official records of Marin County on February 16, 2016 by document number 2016-0006517; and WHEREAS, in January, 2016, the Planning Commission reviewed the matter, concluded that the disposition of the public service easement/recreational trail portion was consistent with the General Plan, and recommended vacation of the public service easement/recreational trail that was relocated through acceptance of the aforementioned public pedestrian easement; and WHEREAS, the Town Council has determined that the public service easement/recreational trail that was accepted by the adoption of Resolution No. 51-2005 is no longer required for public access purposes or for any future street purposes; and WHEREAS, the Town Council has determined that there are no in-place public utility facilities that would be affected by the vacation. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that: 1. Pursuant to Chapter 4, Section 8333 of the California Streets and Highways Code, the Town of Tiburon does hereby summarily vacate the recreational trail/public service easement accepted by Town Council Resolution No. 51-2005, said easement being described and depicted in attached Exhibit "A", adopted herewith and incorporated herein as a part of this Resolution. Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Pagel 1 2. This summary vacation is made pursuant to the authority of Chapter 4, Section 8333 of the California Streets and Highways Code, which allows for summary vacation of public service easements by a municipality if the easement has been superseded by relocation and there are no other public facilities within the easement. 3. This summary vacation is made because the affected public service easement/recreational trail has been relocated and replaced by the grant of easement recorded as document number 2016-0006517 of Marin County Records. 4. The Town Clerk is directed to file this resolution with Marin County Recorder's Office within ten (10) working days of execution. 5. The Town Council does hereby rescind those portions of Tiburon Town Council Resolution 51-2005 pertaining exclusively to Las Lomas Lane. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on March 16, 2016, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: 4 DIANE CRA ' ACOPI, TOWN CLERK Attachment: Exhibit "A" (Legal Description and Graphic Depiction) -2 pages Town of Tiburon Town Council Resolution 10-2016 03/16/2016 Page l 2 DESCRIPTION All that certain real property situate in the Town of Tiburon, County of Marin, State of California, described as follows: A portion of land 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 a point on the southerly line of Centro West Street that bears South 77°50'41" West 50.19 feet from the northerly corner as shown upon that said map; 1. Thence leaving said southerly line of Centro West Street South 03°55'00" East 20.30 feet; 2. Thence South 53°35'00" East 29.66 feet to a point on the easterly line of said Las Lomas Lane; 3. Thence along said easterly line South 26°11'08" West 135.15 feet; 4. Thence South 08°20'00" West 63.99 feet; 5. Thence leaving said easterly line North 76°23'32" West 6.39 feet; 6. Thence North 09°23'00" East 67.68 feet; 7. Thence North 27°55'00" East 23.87 feet; 8. Thence North 64°55'30" West 4.06 feet; 9. Thence North 25°04'30" East 20.15 feet; 10. Thence South 65°21'00" East 4.91 feet; 11. Thence North 26°11'08" East 82.01 feet; 12. Thence North 31°18'00" West 6.24 feet; 13. Thence North 53°35'00" West 22.45 feet; 14. Thence North 03°55'00" West 17.88 feet to a point on said southerly line of Centro West Street; 15. Thence along said southerly line North 42°39'00" East 6.89 feet to the point of beginning. This description was prepared by: C:K P Lawrence P. Doyle P.L.S. 4694 Exp. 9/30/03 AND so 7CEPT)`GFfo� No.4694 71a, EXHIBIT "A" (P. 1 OF 2) Z 0 D U w 1—a. QJ J °-ate W88 Z J� 0 CC DRAWN BY: 0 m S DATE: 5/27/O3 LINE TABLE BEARING NO3'55'00"W W O 0001'00 in M LO (J) ? Po :- N CO O a N OO U) W N ) N OD N (n O -r0::::',-COin �J Cr) O Ul 1 S27'55'00"W 1 564'55'30"E S25'04'30"W W O 0 LO CO V) -co 0 .- N V) W O 0 M .17 V) S53'35'00"E O O Ln 0 z. N42'39'00"E 1 S77'50'41 "W LENGTH 0 M ON co O— N 0 r) 6) W O to O co O ODD 23.87 co O.— d- co NI _ O 82.01 .„1_ N O 22.45 co Oo r O O O O •— in L LI Z J J L2 r`) J t J in J co J N J co J O) J O— J J 1 L12 M J d J to J co J EXHIBIT "A" (P. 2 OF 2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT V. A A A AWAAAA A• A\ ACA A A. AA- AAAAAA. A. A• Vf. A A. A• A- V. A G. 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 � On 3 -- /d — / before me, Date kre Insert Name and personally appeared C Name(s) of Signer(s) J%a A4 7/2 Title of t Officer who proved to me on the basis of satisfactory evidence to be the person(8) whose name(e) is/are subscribed to the within instrument and acknowledged to me that .he/she/they executed the same in Ns/her/their authorized capacity(ies), and that by bis/her/tweif signature(e) 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 Notary Public - California is Marin County M Comm. Expires Ma 31, 2017 Place Notary Seal Above WITNESS my hand Signature OPTIONAL offici al. Signature of Not. 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 Docu en ,/ 3-/6-4' Title or Type of Document: NO - (D - 2076 Document Date: Number of Pages: ( Signer(s) Other Than Named Above: Al/7/ Capacity(ies) Claimed b S� Signer's Name: fY/h V Corporate Officer — Title(s): /t f 4 y0/' ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 10-k).4/ al 77,4 d/hi/ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907