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Home My WebLink AboutTC Res 2007-02-21 (7) RESOLUTION NO. 08-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN EASEMENT FOR PUBLIC DRAINAGE PURPOSES OVER PROPERTY LOCATED AT 6 MATEO DRIVE, TIBURON (ASSESSOR PARCEL NUMBER 038-381-21) WHEREAS, in 1989 the Town of Tiburon accepted an easement for drainage purposes on property located at 6 Mateo Drive; said grant of easement being recorded as serial number 89-20006 on April 7, 1989 in the official records ofMarln County, California; and WHEREAS, the Town has recently had cause to relocate the storm drain facilities located within a portion of the drainage easement described above to a location outside of the easement; and WHEREAS, the relocated storm drain facilities should be located within a formally-granted and accepted easement; and WHEREAS, the Town intends to abandon the portion of the original drainage easement that is no longer used due to the relocation of the drainage facilities; and WHEREAS, the owners of the underlying property have offered to the Town of Tiburon a ten (10) foot wide easement for public drainage purposes in the area where the relocated facilities are installed. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts the grant deed of easement, attached hereto as Exhibit 1, and directs the Town Clerk to record it with the Office of the 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. 08-2007 February 21,2007 1 ABSENT: COUNCILMEMBERS: ATTEST: l'7/ 1&/ #.~ /1 / / 1[-/ . . / /I~Z) _ /tL tJ}_:q" DIANE CRANE'1ACOPI, TOWN CLERK Tiburon Town Council Resolution No. 08-2007 Slavitz February 21,2007 2 EXHIBIT 1 Recording Requested by: Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 APN: 038-381-21 GRANT DEED OF EASEMENT Michael Querard and Katherine Querard, ("Grantors"), the owners of real property commonly known as 6 Mateo Drive, Tiburon, California, said property being described on attached Exhibit "A" and further identified as Marin County Assessor ParceJ No. 038-381-21, hereby grant to the Town of Tiburon, a municipal corporation, an easement for public drainage purposes, which is more particularly described in Exhibit liB" attached hereto and incorporated herein. The easement area is graphically depicted for illustrative purposes on attached Exhibit "C". The grant of easement includes the installation, operation, repair, replacement, access over, and ongoing maintenance of drainage facilities located therein. 2k.. IN WITNESS WHEREOF, the Grantors have subscribed their names this I. s:- day of / ~4""~~ , 2006. GRANTORS: ~~~ K! therine Querard CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r~~~R,&&Q:i';&~~f'''''1''.t.&S;:R;'',,*,~~&Q:..e~'&~&,('j~..e''--?'1 ::. State of california} 1 cou~ 55.:: On /J-//51ft; before me, I Dale /. . I, 17 personally appeared . i/L--t' ~. ;!~~ I ;(.;; and TI::2;;;(" .Ja~e. Notary Public") Name(s) of Signer(s) ~{/lc/flrsonaIlY known to me 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) I and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which theperson(s) acted, executed the instrument. I ..~ .,1 ,) ~ ,1 ) ~ I I ) . '1 -) >.1 ., ,I ~ I '.J ,I .I ',\ I I J) j f ~ Sig.n.er Is Repre.senting: ~ ,~~Q<;;;.g<J:G~Qv..:.g~~g;0.g<$g:t'~'<';::@;;'.Q<~;~<;~;:~;<Jg.(~~;...;,g(;g<;~.g~~<;:5.~(~G{;.~g~~.:.... )..~.,,\~--<.;...~~;~ ~ [ f, TERRY FRASER @.......commISSlon#1646251 i ...; . . ~ Notary Public - California I ~~ . Marin County ~, .' My Comm. ExpIres Feb 19.2010 1.( r,' fl. I I I'. 1-.. i'.: [. i. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I. Number of Pages: Document Date: ~ I'. ~ ( (. Signer(s) Other Than Named Above: Capacity{ies) Claimed by Signer I' ~ r,' Signer's Name: Top of thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: I' Reorder: Call Toll-Free 1 -800-876-6827 e 1999 National NOlary Assocllllion . 9350 De Solo Ave., P.O. Box 2402. Chalswonh. CA 91313-2402. www.nalionalnolary.org Prod. No. 5907 EXHIBIT "A" LEGAL DESCRIPTION 6 MATEO DRIVE, TIBURON Lot 8 as shown on that certain parcel map entitled "Lands of David C. Mathew, being a Lot Line Adjustment of Lot 7 and Lot 8 of Paradise Estates Subdivision, 15 RM 78, Tiburon, Marin County, California", filed for record on June 5,1974 in Book 10 of Parcel Maps at Page 19, Marin County Records. EXHIBIT B LEGAL DESCRIPTION 10' Storm Drainage Easement A STRIP OF LAND ten feet (10') in width situated in the Town of Tiburon, County of Marin, State of California, and being reserved as an Easemeflt for storm drain purposes, -said strip of land located entirely within Lot 8 of the Map of Paradise Estates Subdivision, filed for record August 10, 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 1 0 of Parcel Maps at Page 19, Records of said County, said ten-foot wide Easement 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 a; thence along said tangent, North 640 30'00" West, 5.12 feet to the Centerline Point of Beginning for the 1 O-foot Storm Drain Easement herein described; thence along said centerline, South 210 38'42" West, 101.08 feet; thence, South 050 34'59" West, 4.56 feet to the POINT OF TERMINUS for the herein described 1 040 at Storm Drain Easement, said point also being at the center efan existing storm drain outfall structure, and the centerline of an existing 10-foot wide Storm Drain Easement as recorded by Document Number 1989-20006, records of said County. (Area of new Storm Drain Easement = 1,056 Square Feet More or less.) 10 foot Drainage Easement Town ofTiburon October 2, .2006 (Marin County APN: 38~38-1~21) End of Description . "McGuire CA PLS #(5437 '0. Lt- ,0" Date ~==60.00' // r-~~l~~.o. % P.o.c.~ 0 SCALE: 1" = 50' /" - ~$7 ~~a' ry ....... LOT 14 0...00' 00'(- 575' '.' ....... o~''l-C. . . OJ 1 . BA5,4259"t ~ n),fbtO'}, . ~~ I~ S OF- EJ 21J97' ~"},~, d~.7 P.O.B.t,..; ~S<S~AITIIVGS. "1>,,+'/ 10' . WI. DE.. D. RA. INAGE ....I........'.....;..~.,., ~'. 0.0'0'. . ~.3" "w""" , EASEMENT 1.056:1: SQ. FT. ~ (~) CENTERLINE ~/i ,/ R=S70.00' ...... 521 '3B'4Zn~ . '.. /:;';/ tF3'03' 49" 101.0B . '. '://:,.4, l=30.48' CENTERLINE "./ ..~q;'1b N64'30'OO"W SOS"34'59"W ,/'.......J.. .J ","':>r\tyS.1Z' (TIE) 4.56' '/ /"-.. .' . /..-11 .p 1\ / '/ 1.' ............. 1'.' . '/'/ I /....... ........................... '/ . / ...... --- /.~ / ...... - /. \'l-y - /.~u~)" I I P.O.T. - - ---./ /' s~~ / EXISllNG10. · I j I '/ / ~ '/ STORM DRAIN -' I ~ EASEMENT J /. ~~~ (DOC. NO. 89- Z0006) I /. ~/ I I '/[v~'/ LANDS OF I I . '/'?~ '/ QUERARD I I /;<v'/ CoI LOT B I 1-10' ~~// ~ ,(10 M 19) I I / C:J . to 0.75:1: ACRES \ \ ~CV) '/ ;: GRANT DEED DOC. \ \ '/.~ '/ g 2005....00011748 \ \ 1. "/ b \ \ '/ .' '/ 0 APN: \ '/ v 81 ) /1 . LANDS OF MIRV ALl Z 038-381-21 \ /' I' /' , '/ I LOT 7 cP ..~ . (10 M 19) ,,,,,,,. 'Cp O.66:i:ACRES ""- / / , . N '- MATEO DRIVE (40') , LOT 13 /' / ~~ ir.\ 'b I Q 'a R=270.00 04~6'4 ~13.09' 40" ~~ l=6Z.02' ~ -- ,..... ,,/ ., S62'9'00"[ 20.00' R=140.00' ~1l5.12'05" L=Z81.49~ ~ ';.0 00 0- .0 COo V' ....0 o z LANDS OF LARSON lOT 9 (15 M 78) O.4B:i:ACRES /, / / APN: 038-381-09 / / LEGEND @ FOUND STANDARD BRASS DISC STAMPED COUNTY SURVEYOR IN MONUMENT WEll IN CENTERLINE OF MATEO DRIVE /' APN: 038-381-19 CITY OF TIBURON PTN. PARCEL "B" (15 M 78) 2.95:1: ACRES APN: 038-381-18 BASIS OF BEARING THE MONUMENT LINE OF MATEO DRIVE AS SHOWN IN PARADISE ESTATES 15 OF MAPS PAGE 78. FILED FOR RECORD AUGUST 10, 1973 MARIN COUNTY RECORDS, TAKEN AS SOUTH 75'42'59" EAST /' /' / (fluid. Land Services, Inc. :R; ., n u 5673 W. laB Poaltaa Blvd., Suite 215 ~'" .PIeCllOllton. Collfomla 94588 _ (915) 734-6788 Phone - (925) 734-6732 Fa. EXHIBIT C 10' DRAINAGE EASEMENT LANDS OF OUERAND 6 MATEO DRIVE MARIN COUNTY TI8URON, CA 94920 CALIFORNIA TBRN6001 DRN. BY: SJH CHK. BY: KMM DATE: 10/04/06 it/ \J 1111111111111111111111111111111111 2007-0014036 Recorded : REC FEE 0.0€1 Official Record~ Countv of Marin jOAN C. THAYER I Assessor-Recorder I i I a 010:44AM 06-Mar-2007 ! Page 1 of 15 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 GRANT OF PUBLIC DRAINAGE EASEMENT, 6 MATEO DRIVE, TIBURON (RESOLUTION OF ACCEPTANCE ATTACHED) Recording Requested by: Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 APN: 038-381-21 GRANT DEED OF EASEMENT Michael Querard and Katherine Querard, ("Grantors"), the owners of real property commonly known as 6 Mateo Drive, Tiburon, California, said property being described on attached Exhibit "A" and further identified as Marin County Assessor Parcel No. 038-381-21, hereby grant to the Town of Tiburon, a municipal corporation, an easement for public drainage purposes, which is more particularly described in Exhibit "B" attached hereto and incorporated herein. The easement area is graphically depicted for illustrative purposes on attached Exhibit "C". The grant of easement includes the installation, operation, repair, replacement, access over, and ongoing maintenance of drainage facilities located therein. ~ IN WITNESS WHEREOF, the Grantors have subscribed their names this / s:- day of lk~,.."k~ , 2006. GRANTORS: .f ~..'v ! ., . , . /^^- } 1 K: therine Querard CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~f=-~~~~D...(:,d'i('&:(."^~~:c(>,,;;;'~,Q2;tX':&<[,&26~&(::e(::C(;B<'~m~~~:&~:&f::s:p.~(::~(."~~,{;('~&2(.",.;~~~~~'Y~ ~ _ --- _ _ ~ a _ _ _ _ _ _ - - H -- - - - ~ I ::. State~~r~a/l/; ~./~--i } ss. .,~ I County of (t It.~, v . 'I it I" On Name(s) 01 Signar(s) before me, ;' Name and Tltla of Officer (ay.. 'Jane Doa. Notary Public") '/ .'. ,j A /" -r--' ,/ /t..( ( /j'- t{/ c.';;!'! r '-.....- persqnally appeared I/, Vi) " } /J /'" - t{~ ...... '7/t/2l- 1-1. A./ ~ /;;::{M.~/7i:/1..(~// r,~~SvOen:I~~ k~~W:~Ot~ee basis of satisfactory AVid~nce TERRY FRASER .' ......., Commission # 1646251 ~ _,,; . ~ NotalY PubliC - California ~ ;:-i . Marin County . " . " My Comm. expires Feb 19. 2010 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. ./ / -. WITNESS m and official seal. '-~/ '~;,,-- Signature 01 Notary Public I, i' I'.. I'.. I,: (, I, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I' ~ It U' r,' Number of Pages: Document Date: Signer(s) Other Than Named Above: I' Capacity(ies} Claimed by Signer ~ I.' Signer's Name: o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here ~ ~ 1'- I Ie If. ~ Signer Is Representing: < ~>g~Q(;~-0g;-<$~,;g;G<.~;g;0.g!$g{;;::G<;~;'Q09:>~:(;~;.QJ~(~~~~~<,':G<;~'G-~~~'~<~~<?~~-<;.~~~.g.,).~~~.0..~S:<:~: . I ,'1 ,1 'J .1 / I ,I 'J ., ,I ,I 1 '.1 '1 . ~ ~ ~I .~J "CJ . i CCl1999 National Notary Association' 9350 Da Soto Ava.. P.O. Box 2402' Chalsworth. CA 91313,2402' www.nallonalnotary.org Prod. No. 5907 Raorder: Call TolI.Free '-800-876.6827 EXHIBIT" A" LEGAL DESCRIPTION 6 MATEO DRIVE, TIBURON Lot 8 as shown on that certain parcel map entitled "Lands of David t. Mathew, being a Lot Line Adjustment of Lot 7 and Lot 8 of Paradise Estates Subdivision, 15 RM 78, Tiburon, Marin County, California", filed for record on June 5, 1974 in Book 10 of Parcel Maps at Page 19, Marin County Records. EXHIBIT B LEGAL DESCRIPTION 10' Storm Drainage Easement A STRIP OF LAND ten feet (10') in width situated in the Town of Tiburon, County of Marin, State of California, and being reserved as an Easement for storm drain purposes, said strip of land located entirely within Lot 8 of the Map of Paradise Estates Subdivision, filed for record August 10, 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 1 0 of Parcel Maps at Page 19, Records of said County, said ten-foot wide Easement 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 monumentare shown on said Map of Paradise Estates, and from which point another similar survey monument found in the centerline of Mateo Drive bears, South 75042'59" 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 tangent, North 640 30'00" West, 5.12 feet to the C~nterline Point of Beginning for the 10-foot Storm Drain Easement herein described; thence along said centerline, South 210 38'42" West, 101.08 feet; thence, South 050 34'59" West, 4.56 feet to the POINT OF TERMINUS for the herein described 10-foot Storm Drain Easement, said point also being at the center of an existing storm drain outfall structure, and the centerline of an existing 1 O-foot wide Storm Drain Easement as recorded by Document Number 1989-20006, records of said County. (Area of new Storm Drain Easement = 1,056 Square Feet More or less.) 10 foot Drainage Easement Town of Tiburon October 2, 2006 (Marin County APN: 38..,381 ~21 ) End of Description Jo -4.0(0 Date ~==60.00' / b~i"21'00' P.o.c.~ SCALE: 1" '" 50' . /' ~1-",s327:'" f.......~~9oo... R S7S,.................... LOT 14 C) (0 ~ ( (,; , 42'_______ "'O~ '1-~. !J '''-...... BASIS Q~''E" 27J' _____ , rv.,VtO.... -1l~' .............. ~Bf. .97 ~'1,~,d~.7 P.O.B. I.,..;, X;~S<S"<9~A~NGS. t')~,/ 10' WIDE DRAINAGE '""".,.',:,1 0.00' ~~'Ift EASEMENT 1,056:1: SQ. FT. ~R ('!!.J CENTERLINE ~/,,/ R=570.00. - S21-38' 42"W, ,''-.,:,.;,,'../ , !i=3, ,'03' 49" 101.08' ,"1 /.~lv l=30.48. , '" CENTERUNE/ ~q; ~ N64'30'OO"W S05"34'59"W /'.........~.. J ,,""(\ry 5.12' (llE) 4.56' / /"-.. ,-l.j. ~ '\ / / 1'.....J.. .................. i / I /........... ........- / / --- / / -.. -- ../, i:\ / / ,f},y /~CJ"\ / I I / 4'Q? / EXISTING 1 0' I} I / / ~ / STORM DRAIN J I . =~ '?-~ EASEMENT I I g .0 ../, ~*j. (DOC, NO. 89-20006) / u:i g /. ~/ I ~ 0 / ~"\ / LANDS OF I I ~ ~c,<<'f / QUERARD J J I /. /<<,"')- - LOT 8 --r-r- 10' / '4-~~/ ~I O.~~:t MA~ I \ I ~(J<<' / ..- GRANT DEED DOC. \ \ / ~ /"/ ~ 2005-00011746 \ \ j// a \ \ / / 0 APN: / ' v' 81 \ ) / ~ LANDS OF MIRV ALl Z 038-381-21 ,.) / I LOT 7 1 cO ..~ . (10 M 19) ~":J":J' .o\) ",.,,<0 0.66:i:ACRES /' ~<ofb /' /' /' / / <0' ~ ",. ~.\'b Q 'a R=270.00' 0.,\6'.. 6=13'09' 40" -:,,~ l=62.02' ~ / S6219'OO"[ 20.00. R=140.00' 6=115'12'05" l=281.49' APN: 038-381-19 /' /' / '" / / "- MATEO DRIVE (40') "- LOT 13 - - P.O.T. LANDS OF LARSON LOT 9 (15 M 78) O.4B::I: ACRES APN: 038-381-09 / / ! a N -- ,./ ,./ - - - ------- ,./ / / / LEGEND @ FOUND STANDARD BRASS DISC STAMPED COUNTY SURVEYOR IN MONUMENT WEll IN CENTERLINE OF MATEO DRIVE CITY OF TIBURON PTN. PARCEL "B" (15 M 78) 2.95::1: ACRES APN: 038-381-18 BASIS OF BEARING THE MONUMENT LINE OF MATEO DRIVE AS SHOWN IN PARADISE ESTATES 15 OF MAPS PAGE 78, FILED FOR RECORD AUGUST 10. 1973 MARIN COUNTY RECORDS. TAKEN AS SOUTH 75"42'59" EAST EXHIBIT C 10' DRAINAGE EASEMENT (ft.uiet Land Services, Inc. [jl; .'0'" 5573 W. LOll POlIltaa Blvd., Suite 215 ~.... Pleoaonton, Colllomlo 9<1586 _ (92.5) 734-6788 Phone - (925) 734-6732 Fax LANDS OF QUERAND 6 MATEO DRIVE MARIN COUNTY llBURON, CA 94920 CALIFORNIA TBRN6001 DRN. BY: SJH CHK. BY: KMM DATE: 10/04/06