HomeMy WebLinkAboutEase 2006-06-08 (TPC)
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2006-0036558
Town Clerk of the Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Recorded I REC FEE 0. 00
Official Records I
County of I
Marin I
JOAN C. THAYER I
Assessor-Recorder I
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08:35AM 12-Jun-2006 I Page 1 of 9
Recording Requested by:
APN 058-171-17, 76, and 84
1111111111111111111111111111111 III
EASEMENT AGREEMENT
This Agreement, made this ~ day of ~, 2006, by and between the
Southern Marin Recreation Center, Inc. d.b.a. Tiburon Peninsula Club, a California corporation
(hereinafter referred to as "Grantor") and the Town of Tiburon, a municipal corporation (hereinafter
referred to as "Grantee").
RECIT ALS
1. Grantor owns certain property (hereinafter "Subject Property'), commonly known
as Judge Field, which separates a Town of Tiburon-owned public park (Teather Park) from Mar
West Street, a publicly-maintained street. The "Subject Property") is designated as Marin County
Assessor Parcel Nos. 58-171-17, 58-171-76, and 58-171-84, and is further described in the
attached Exhibit A. Teather Park is designated as Marin County Assessor Parcel No. 58-171-73,
and is more fully described in attached Exhibit B.
2. As a condition of approval on a zoning permit issued by Grantee to Grantor and
contained within Planning Commission Resolution No. 2005-02, Grantor is required to offer a
public access easement to the Town of Tiburon for purposes of a pedestrian trail across the Subject
Property.
3. As a portion of the Subject Property is currently overgrown with dense vegetation
and is topographically steep in places, and the improvements authorized by the Town of Tiburon in
approving the aforementioned zoning permit have not yet been constructed, the precise location and
alignment of the access easement is not known at this time, but will be known in the foreseeable
future. The precise location and alignment of the easement shail be determined mutually by
Grantor and Grantee. The roughly approximate location of the easement from Teather Park to Judge
Field is illustrated on attached Exhibit C. Once reaching Judge Field in the vicinity of the tennis
courts, as shown of Exhibit C, the alignment of the easement is not yet determined but must be
level, easily walkable and unobstructed to Mar West Street.
NOW, THEREFORE, it is agreed as follows:
TPC Easement Agreement ard rev 5-26-06.doc
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Grant of Easement and Timing of Grant
1. For valuable consideration as set forth in this Agreement, Grantor will grant a public
access easement over the Subject Property to Grantee, using the deed form set forth in Exhibit D.
Said easement shall be granted prior to issuance of a Certificate of Occupancy for the new
Clubhouse.
Character of Easement
2. The easement granted herein is in gross to the Grantee.
Description and Use of Easement
3. The easement granted herein is for the purpose of allowing Grantee to construct,
improve and maintain, the costs of which are to be borne by Grantee, a recreational path leading
from the Grantee's public park (Teather Park), across to Judge Field, and then connecting to Mar
West Street.
Location
4. The easement granted herein shall be a minimum of six (6) feet and a maximum of
ten (10) feet in width, as mutually determined in the field prior to the grant, and shall be located
over the Subject Property described in Exhibit A.
Hold Harmless and Insurance
5. Grantee shall hold harmless, indemnify and defend Grantor from any claim, lawsuit
or liability involving the exercise of this easement.
Arbitration
6. Any controversy, dispute or claim arising out of or relating to this Agreement or
breach thereof shall be first informally discussed by the Parties. If the dispute cannot be resolved
through negotiation the parties agree to attempt to resolve the dispute by mediation administered
by Judicial Arbitration and Mediation Service ("JAMS") or its successor. If the parties are
unsuccessful at resolving the dispute through mediation, the Parties 'agree to binding
arbitration by one neutral arbitrator from JAMS and administered by JAMS or its successor in
Marin County and pursuant to all of its then applicable rules relating to employment disputes.
Judgment on the Award may be entered in Marin County Superior Court. The parties shall split
the costs of arbitration equally and they shall be responsible for their own attorney fees.
However, the arbitrator may award forum fees, costs and reasonable attorney fees to the
prevailing party.
TPC Easement Agreement ard rev 5-26-06.doc
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Entire Agreement
7. This instrument contains the entire agreement between the parties relating to the
rights herein granted and the obligations herein assumed. Any oral representations or modifications
concerning this instrument shall be of no force and effect excepting a subsequent modification in
writing, signed by the party to be charged.
Binding Effect
8. This instrument shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, and assigns of Grantor and Grantee.
Governing Law
9. The laws of the State of California shall govern this Agreement.
Exhibits
10. This Agreement includes the following exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Legal Description of Subject Property
Legal Description of Teather Park
Aerial Photograph showing approximate location of easement
Form of Grant of Easement
Executed on ~ r
GRANTOR:
SOUTHERN MARIN RECREATION CENTER, INC
::.a:;;1ZULACLUB
Robert B. Austrian
, 2006, at Tiburon, Marin County, California.
Its: President of the Board of Directors
GRANTEE:
TOWN OF TIBURON
APPROVED AS TO FORM:
BY:~~
Ann R. Danfort , Esq.
Town Attorney, Town of Tiburon
By: bL~oL~~t~L\
Heidi Bigall, Interim Town Ma ager
TPC Easement Agreement ard rev 5-26-06.doc
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EXHIBIT A
All that certain real property situate in the Town of Tiburon, County of Marin, described
as follows:
Beginning at the Northeasterly corner of the parcel of land described in the Deed to the San
Francisco and San Rafael Railroad Company. recorded September 7,1892 in Book 21 of
Deeds at Page 221, Marin County Records; thence running along the Northerly line of said
parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line
of the IlFifth Tract" of the Deed to the San Francisco and San Rafael Railroad Company
recorded July 22, 1886 in Book 3 of Deeds at Page 487. Marin County Records; thence
Northwesterly along said last mentioned line to the intersection thereof with the Southeasterly
line of the parcel of land described in the Deed to County of Marin recorded January 2, 1966 in
Book 2016 of Official Record at Page 133. Marin County Records; thence Northeasterly along
-the Southeasterly line to the intersection thereof with the Southeasterly line of Mar West
Street; thence along said line of Mar West Street Northeasterly, Easterly. Southeasterly,
Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract" of the aforementioned
Deed to the San Francisco and San Rafael Railroad Company, recorded July 22, 1886 in Book
3 of Deed at Page 487, Marin County Records; thence along said Northerly line, Northwesterly
50 feet, more or less, to the Easterly line of the aforementioned Deed to The San Francisco
and San Rafael Railroad, recorded September 7, 1892 in Book 21 of Deed at Page 221, Marin
County Records; thence along said Easterly line, North 18(1 511 40" West 117.46 feet, North
110 23' 20" East 99.00 feet and North 370 38' 20" East, 124.74 feet to the point of beginning.
Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon,
recorded January 8, 1985 as Instrument No. 85 00732, Marin County Records.
TOGETHER WITH all that certain real property situate in the Town of Tiburon, County
of Marin, described as follows:
Beginning at a %" iron pipe survey monument located at the Northerly corner of Lot 1 0 as said
lot and monument are shown on the hereinabove referenced map; said point of beginning also
being the Northerly corner of a 7.835 acre parcel described in Book 21 of Deeds at Page 221,
Marin County Records; thence from said point of beginning along the ~ortherly property line of
said Lot 1 A, North 890 36' 40" West, 181.53 feet to a point; thence leaving said Northerly
property line of Lot 10, South 460 29' 17" East, 145.26 feet to a point on the Easterly property
line of said Lot 10; thence from said point along said Easterly property line, North 370 38' 20"
East, 124.74 feet to the point of beginning.
EXHIBIT B
All that certain real property situate in the Town ofTiburon, County of Marin, described
as follows:
Lot 8, as shown on that certain map entitled "Point Tiburon", filed for record on
February 16, 1984 in Volume 19 at Page 4 of Maps, in the official records of the
County of Marin, California.
EXHffiIT C
Exhibit C is a color aerial photograph depicting an approximate alignment of the
easement over Tiburon Peninsula Club property_ Exhibit C is not conducive to
reproduction for recordation purposes. Exhibit C is available for public review at the
office of the Town Clerk of the Town of Tiburon, 1505 Tiburon Boulevard, Tiburon,
California, during regular business hours.
ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL INFORMATION
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EXHIBIT D
Form Grant Deed
Recording Requested by:
Dian.e Crane
Town Clerk of the Town of Tiburon
1505 TiburoD Boulevard
Tiburon, CA 94920
APN#s
(portions)
GRANT DEED
. The Southern Marin Recfeation Center, Ine., a California Corporation doing
'business as the Tiburon Peninsula Club, ("Grantor"), does hereby grant to the Town of
Tiburon, a municipal corporation ("Grantee"), aD easement for public access purposes
over that real property situated in the Town of Tiburon, Marin County, California, which
is more particularly described in Exhibit A, attached hereto and incorporated herein. The
Grantor intends hereby to convey to Grantee an easement over said property, which by
. said conveyance shall become a public recreational path.
IN WITNESS WHEREOF, the Grantor has subscribed their names this _ day of
, 200_.
GRANTOR:
SOUTHERN MARIN RECREATION CENTER, INC
d.b.a. TmURON PENINSULA CLUB
By:
Its: President of the Board of Directors