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Home My WebLink AboutTC Res 2007-02-21 (8) RESOLUTION NO. 09-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A TEN (10) FOOT WIDE STORM DRAINAGE EASEMENT OVER PROPERTY LOCATED AT 6 MATEO DRIVE (ASSESSOR PARCEL NUMBER 038-381-21) WHEREAS, in 1989 the Town of Tiburon accepted an easement for storm drainage purposes over property located at 6 Mateo Drive through acceptance of a grant deed of drainage easement recorded on April 7, 1989 as Serial Number 89-20006 in the Official Records of Marin County; and WHEREAS, the Town has recently relocated facilities within a portion of the storm drainage easement to a different portion of the property outside of said easement; and WHEREAS, the Town has accepted a new storm drain easement for the area in which the relocated storm drain facilities were installed; and WHEREAS, the Town Council hereby declares that the portion of the storm drain easement proposed for abandonment is no longer needed as part of the Town's storm drain system and no longer serves any pubic purpose. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon does hereby abandon and extinguish the rights for storm drainage easement over that portion of the first-described drainage easement, as particularly described in attached Exhibit "A" and graphically depicted for illustrative purposes on attached Exhibit "B". BE IT FURTHER RESOLVED that the Town Council directs the Town Clerk to record this Resolution and its attachments with the Office of County Recorder. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 21, 2007 by the following vote: AYES: COUNCILMEMBERS: Berger, Fredericks, Gram & Smith NOES: COUNCILMEMBERS: None Tiburon Town Council Resolution No. 09-2007 February 21, 2007 1 ABSENT: COUNCILMEMBERS: ATTEST: J 7 ~'~" /' '/2' J ' //. / v/ I 7/',-) ? " . , l-u A~c' ,;yvr DIANE CRANlHACOPI, TOWN CLERK Tiburon Town Council Resolution No. 09-2007 February 21,2007 2 EXHIBIT A LEGAL DESCRIPTION Abandonment of a Portion of a 10' Storm Drainage Easement (The following legal description is for use in the abandonment and release of interest in a portion, or segment of an existing Storm Drain Easement as described below.) A STRIP OF LAND ten feet (10') in width situated in the Town of Tiburon, County of Marin, State of California, being a portion of an existing 1 Q-foot wide Storm Drain Easement as said Easement was granted to the Town of Tiburon by that certain Grant Deed of Drainage Easement and adopted by Town Resolution Number 2521, recorded together on April 7, 1989 by Instrument Number 89- 20006, records of said County, said strip of land being located entirely within Lot 8 as said Lot is shown on the Map of Paradise Estates Subdivision, filed for record in August 1 0, 1973, in Book 15 of Record Maps, at Page 78, Official Records of said County, the boundary of said Lot 8 being subsequently adjusted as shown on that certain Parcel Map and Lot Line Adjustment filed for record June 5, 1974 in Book 10 of Parcel Maps, at Page 19, Records of Marin County, said 1 O-foot wide Storm Drain Easement segment to be Abandoned lying five feet (5') on each side of the following described centerline: Commencing at a brass cap survey monument marking the centerline point of curve of Mateo Drive at the northeasterly side of said Lot 8, as said street and monument are shown on said Map of Paradise Estates, and from which point another similar survey monument found in the centerline of Mateo Drive bears, South 750 42'59" East, 213.97 feet; thence, South 250 29'43" West, 20.00 feet to the point of tangent on the northeasterly property line of said Lot 8; thence along said property line and the Mateo Drive right-of-way, North 640 30'00" West, 51.00 feet to a Point of Curve; thence 53.77 feet along the Arc of a circular curve to the left, having a Radius of 60.00 feet, a Central Angle of 510 21'00" and a Long Page] of~ Abandonment of portion of 10 foot Drainage Easement Town of Tiburon October 4, 2006 Chord which bears, South 890 49'30" West, 51.99 feet to a point of compound curve; thence, 6.46 feet along the Arc of a circular curve to the left, having a Radius of 270.00 feet, a Central Angle of 10 22'19" ,and a Long Chord which bears, South 63027'51" West, 6.46 feet to the Centerline Point of Beginning for that segment of the 10-foot wide Easement to be abandoned, and from which . Point the adjusted northwest comer of said Lot 8 is located 103.36 feet further along the Arc of said curve, having the Radius of 270.00 feet, and a Central Angle of 23018'20" to the said corner of Lot 8; thence from Point of Beginning along the centerline of the 1 O-foot wide Easement, South 130 11 '57" East, 25.82 feet; thence, South 400 17'39" East, 37.65 feet; thence, South 260 46'09" East, 68.51 feet to the Point of Terminus for the abandoned portion of the 10-foot wide Drain Easement. Area of Abandoned portion of Easement = 1 ,320 Square Feet more or less. End of Description This description together with Exhibit B - Plat of Partial Easement Abandonment being attached hereto and made a part hereof. I O~ '-f~o~ Kevin M. McGuire CA PLS #6437 Date Page 2 of~ ~:::;60.00' . ~~5,021 'OO~ . L~53. 77' Iv. - - - ~6~:.r. R ./ S, ODD" S............ LOT 14 ci " .00' W I 75-42' ~ A(')~ ~O. R=270.00'....... I~SA.SIS ~9"c 213----- n,\"COCO"), tF1022'19" ..( S ...Q[SEA .97' ~:f),~" d?J'7 PoO.B. L~6.46" (TIE) X;<5"29~""R.!!:!GS . ~~y Q~, ~~ CENTERUNE \. 10. WIDE STORM ('l]t') 513-11'57"'E J~DRAIN EASEMENT -. -.. 25.82' (POR110N TO R=570.00' CENTERUNE BE ABANDONED) / !.l.=3'03' ~9" S4017'39"[ 1.320::1: SQ. FTo/~<V L=30.48 37.65' ~. (-;)~l)i ~ ............. '" (\ry CENTERUNE 7 . \) . ......... .$?" 526-46'0911E .. / /\ .................. -.. 6B.5~i// --- ::~____ ,/' ~~/ I I ----_ :- /' /~"/ J' P.O.T. ~ /4-~ / EXISTING 10' I I / /~, / STORM DRAIN J /~ / EASEMENT / ~~~~ (DOC. NO. 89-20006) I I /.~// 1 I /!t" / LANDS OF I I /~~ '/ QUERARD I I /. l-q /' /. <<)/ LOT B I J / '4-~~/ i' D.~~:1: IAA~S I \ / Q<V / - GRAND DEED DOC. \ \ / ~ .~ '/ ~ 2005-00011746 \ \ 1/ b \ \ / 0 APN: / / v 81 \ ) I LANDS OF MlRVAIl Z 038-381..21 ,) / I' LOT 7 I ,,-~~x, (10 M 19) ~~QO 0.66:1: ACRES ./ ~~rO~ PARCEL 16 PARCEL 17 ~/ // I '" , N SCALE: 1 It = 50' / / " MATEO DRIVE (40') LOT 13 ./ ./ "" /. ~o\'b Q OQ R=270.00' Oa,\6'a 6=13009' 40" 1r~ L=62.02' 6::. S62'19'OO"E 20.00' R= 140.00' 6=115012'05" L=281.49' APN: 038-381-19 / !LI -'0 00 o . .0 ~p ...-0 o Z I LANDS OF LARSON LOT 9 (15 M 78) 0.48:1: ACRES APN: 038-381-09 / / LEGEND @ FOUND STANDARD BRASS DISC . STAMPED COUNTY SURVEYOR IN MONUMENT WELL IN CENTERLINE OF MATEO DRIVE ./ BASIS OF BEARlNG THE MONUMENT LINE OF MATEO DRIVE AS SHOWN IN PARADISE ESTATES 15 OF MAPS PAGE 18, FILED FOR RECORD AUGUST 10, 1973 MARIN COUNTY RECORDS, TAKEN AS NORTH 7s042'S9"EAST ./ CITY OF TIBURON PTN. PARCEL "8" (15 M 78) 2.95:1: ACRES APN: 038-381-18 ./ EXHIBIT B - PARTIAL EASEMENT ABANDONMENT (f2uiet Land Services, Inc. 9lUJ.eJi-. 5673 W. LDs PosItas Blvd.. SUite 215 PI~t1m. California 94588 (925) 734-6788 Phone -====::- (925) 734-6732 fax LANDS OF QUERAND 6 MATEO DRIVE MARIN COUNTY T1BURON, CA 94920 CALIFORNIA TBRN6001 DRN. BY: SJH CHK. BY: KMM DATE: 10/04/06 Cft 1111111111111111111111111111111 III 2007-0014037 Recorded I REC FEE 0.00 Official Records I County of I Marin I JOAN C. THAYER I Assessor-Recorder I I I a 110:44AM 06-Mar-2007 I Page 1 of 6 AP # 038-381-21 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 RESOLUTION ABANDONING A PORTION OF A TEN FOOT WIDE PUBLIC DRAINAGE EASEMENT AT 6 MATEO DRIVE, TIBURON