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Home My WebLink AboutTC Res 2007-06-06 (3) RESOLUTION NO. 24-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN EASEMENT FOR PUBLIC ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club has now formally offered the grant of public access easement, executed on May 29,2007, to the Town of Tiburon for acceptance. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts said grant deed of easement and directs the Town Clerk to record it with the Office of the Marin County Recorder together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6, 2007 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Berger, Fred COUNCILMEMBERS: None COUNCILMEMBERS: Smith .~ ITOM G , .MAYOR TOWN OF TIBURON Sl'J~).. /- /~~ : ./ .- / · ____I 2,,- (0 D CRANE1ACOPI, TOWN CLERK Tiburon Town Council Resolution No.24-2007 06/06/2007 AP# 058-171-17 (portion) AP# 058-171-76 (portion) This document is for the benefit of the Town of Tiburon Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 DOCUMENT TITLE GRANT OF EASEMENT FOR PUBLIC ACCESS (with Resolution of Acceptance Attached) GRANT DEED OF EASEMENT The Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), the owner of real property situated in the Town of Tiburon, Marin County, California, said real property being described in attached Exhibit "A", does hereby grant to the Town of Tiburon, a municipal corporation ("Grantee"), an easement for public access purposes over a portion of said real property, said easement being more particularly described in Exhibit "B" attached hereto and incorporated herein. The easement area is graphically depicted for illustrative purposes on attached Exhibit "C". IN WITNESS WHEREOF, the Grantor has subscribed his name this ~day of Mf/7 ,2007. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: ?LA51,~ Tom Packer Its: President of the Board of Directors ALL-PURPOSE ACKNOWLEDGMENT State of California _/;{,'! /,4-1 ( (A./ County of /ZJ . ..'} /' // ( C<L. Y v?<.. I, II (DATE) / personall y appeared ).. ".':. ,''"f () c' ,- On before me, </ C(-ti D personally known to me - OR - J.--.::~:---~I @ ==::=5 J NDIary ""* - CalIIomk> ~ MalIn Countv - _ _ ..i ~~_~~1~+- }ss. /:;Ic~ I<)AC((~/( tr~ h ~'c'V'2-f (NOTARY) SIGNER(S) fZrP;oved 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o jNDIVIDUAL [}Y CORPORAT7:PFFIC. E.~ - I /1\0 f7 ,txJ- TITLE(S) I D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: I5l~/{.j) 6f /~ tv?~--/Jt/( SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(!ES) " /1 r; I;{jv;;~ I~_,-v<~ ~cJ C=l;~J ~ APA 5/99 DESCRIPTION OF ATTACHED DOCUMENT r;~zJ &j f;.J.p~ j.v- fVU(~ TITLE OR TYPE OF DOCUMENT ! f ?ykl~IT' !9-/ /~ f C NUMBER OF PAGES f (l ct.^-'- /I Lf-f' Z f ,/!I.ll'?/7 ~-- 2 (i-cJ l- DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER Q) m J:: c '5- .Q E ::l .s '0 0. ~ VALLEY-SIERRA, 800-362-3369 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 afong the Northerly 'line of said parcel North a90 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the IIFifth 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 fine, North 18051' 40" West 117.46 feet. North 110 23' 20" East 9'9.00 feet and North 370 38' 2011 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 ofTiburon, County of Marin, described as follows: Beginning at a %t' iron pipe survey monument located at the Northerly corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly comer 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 10, 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. 1:~1 MUIR CONSULTING, n c . Surveying" Geographic Information Systems · G.P.S. May 8, 2007 Job No.: 2877-03 DESCRIPTION OF EASEMENT All that certain property situate in the Town of Tiburon, County of Marin, and being a portion of the Lands of the Southern Marin Recreation Center, more particularly described as follows: A 6' wide easement, lying easterly of the following described line: BEGINNING at the most northerly comer of Lot 8 as said lot is shown on that certain map entitled "Point Tiburon" filed for record on February 16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County; thence North 08049'09" West, a distance of 114.00 feet; thence North 30032'35" East, a distance of 138.49 feet; thence North 41011 '14" East, a distance of 93.32 feet; thence North 06020'37" East, a distance of 267.03 feet; thence North 54036'59" West, a distance of 50.78 feet to the beginning of a non-tangent curve to the left, from which point a radial line bears South 67020'59" West, thence along said curve having a radius of 259.00 feet, through a central angle of 14054'53", an arc length of 67.42 feet; thence North 37033'53" West, a distance of 80.17 feet; thence North 22033'02" West, a distance of 25.58 feet, more or less, to a point on the westerly boundary line of Mar West Street, the easterly sideline of said easement being elongated or shortene~ to said Lot 8 and Mar West Street. A plat showing the above description is attached hereto and made part hereof. This description was prepared by me or under my direct supervision. <8' '(V\Ao.( 20D7 ated Page 1 of 1 EXHIBIT "B" EXHIBIT "C" MATCH LINE - - - MATCH LINE - -- PORTION LOT 10 19 MAPS 4 ,,~ ~. ~ ~<V ,~ .^:>'O ~ ~ LANDS OF SOUTHERN MARIN RECREA TION CE N TE R PORTION LOT 10 19 MAPS 4 POINT OF BEGINNING LOT 9 19 MAPS 4 / N89.36' 40"W o 1 "=50' ~ MUIR CONSUL TING, INC. 460 N, YOSEMITE AVE" SUITE #9 OAKDALE, CA 95361 (209) 845-8630 FAX (209) 845-8639 www.muirconsulting.com Subject EASEMENT Job No, 2877-03 By JMS Date 05/08/07 Scale 1"= 50' Sheet 1 Chkd, of 2 o 1"=50' ~ ~~. t~. CP. ~~ ~ 1--lf ~. ~. ~lf~ ~ ~ ? ~. ~ O?~ G'/ \9 t' '0 o 0 ~ (' 17. ~ ~ ~ JiiI'. . ~ -!"1 lr. ~. ~ \ LANDS OF SOUTHERN MARIN RECREA TION CENTER 6' WIDE EASEMENT 'h o " co N lU t ,.,." ~ <=> !'I co o z MATCH LINE - - - MATCH LINE - -- ~ Sub ject EASEMENT MUIR CONSUL TING, INC. 460 N, YOSEMITE AVE" SUITE #9 OAKDALE, CA 95361 (209) 845-8630 FAX (209) 845-8639 www.muirconsulting.com Job No. 2877-03 By JMS Date 05/08/07 Scale 1"=50' Sheet 2 Chkd, of 2