HomeMy WebLinkAboutAgr 2000-12-13 (Ned's Way Garden Homes)
.
. ..~ 111111111I1111111111111111111
~ 2000-0064137
. RECE~VE:D Recorded I REC FEE 31..
Official Records I
rflJi County Of I
JAN 0 9 2001 MarIn I
JOAN C. THAYER I
Recorder I
fL.il.rmlNo ocrt,nTt"cJH I
-TCW~1 or TIBURON I ...endy
19:88AM 13-Dec-2800 I Page 1 of 9
APNNO. 58-151-27 (portion)
Recording Requested By:
TOWN OF TffiURON
Return to:
Planning Director
T own of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
DOCUMENT TITLE
GRANT OF DRAINAGE EASEMENT AND
INDEIv1NIFICATION AGREEMENT
~Lu.:\ RES OL\.(\\o~ G. aA-N\\NG
1\4 E. ABOVE.
(;;L.d~ U-S6 I;-Ij}~ IIOO.OD
(f~f( 1iJ/)J~ OF Ti(3UI!J;,J)
.
APN: 58-151-27 (portion)
GRANT DEED AND INDEMNIFICATION AGREEMENT
Ned's Way Garden Homes, LLC, a California limited liability company
("Grantee") is the Owner of that real property located in the Town of Tiburon,
Marin County, California, described in Exhibit A (the "Dominant Property"). The
Town of Tiburon, a municipal corporation ("Grantee") hereby grants to Grantee,
as the owner of the Dominant Property, an Easement appurtenant for drainage and
related purposes over that portion of real property situated in the Town of Tiburon,
Marin County, California, which is more particularly described in Exhibits "B" and
"C"..
The Easement is granted and shall be held for and subject to the following terms and
conditions:
Installation and maintenance of the Easement and the facilities within it shall be the sole
responsibility of Grantee.
In the event of any damage to real or personal property resulting from construction or
maintenance activities pursuant to this Easement, or any prior approval by Grantor for such
activities, Grantee shall restore such property to its original condition. After completion of
such activities, Grantee shall remove all debris resulting fron1 said activities and restore the
area to the same or better condition as before the activities commenced.
Grantee shall indemnify, defend and hold the Grantor harn1less from and against any and all
claims, damages, proceedings, liens, and other challenges that may be asserted by any person
against or arising out of Grantee's acceptance and use of this Easement. This obligation shall
include without limitation, the payment of any awards or costs of attorney fees against Grantor
as a result of defending this Agreement. In addition, without limiting the foregoing, in the
event that the Easement or any term of this Agreement is challenged by litigation, Grantor
shall have the option of tendering the defense of such action to the Grantee.
All work and other activities pursuant to this Easement are subject to the prior approval and
on-going supervision of the Grantor.
1
.
The benefits and burdens of this Deed and Agreement shall inure to Grantee's
successors in interest to the Dominant Property.
This Deed and Agreement includes the following Exhibits, which are attached hereto
and incorporated herein by reference: Exhibit A (the Dominant Property) and Exhibits
Band C (the Easement location).
IN WITNESS WHEREOF, the parties hereto have executed this Grant Deed and
Indemnification Agreement as of this 2 5thday of September , 2000.
GRANTEE: GRANTOR:
NED'S WAY GARDEN HOMES, LLC
A California limited liability company I
BY: TA YLOR WOODROW HOMES, INC. By:
A California corporation THOMAS G
Managing Member Its: Mayor
By: Jf. ~~ Approved as to Form:
R. Dean Pearson
Its: ~ ~./uP
BY: NW DEVELOPMENT PARTNERS, LLC
A California Limited liability company
Managing Member
By: )( c--)~
R. Dean Pearson
Its: ~ ~~ /neds/grant deed.doc
2 I
~l.r.."..
I~
---
.
EXHIBIT A-
ALL THAT CERT AJN real property situate in the City of Tiburon, County of Marin, State of
California, described as follows:
PARCEL ONE:
Parcel A and Lots 1 through 25, inclusive, as shown upon that certain Map entitled "Map of
Chandler's Gate at Tiburon, Being Parcel 1 , 26 PM 43, Town of Tiburon, Marin County,
California", filed for record August24, 2000 in Book 2000 of Maps, at Page 138, Marin County
Records.
PARCEL TWO:
A non-exclusive easement for access, utility, storm drainage and parking purposes over that
certain area designated as "Easement H", as shown upon that certain Parcel Map entitled,
"Parcel Map, Lands of the Town of Tiburon 3382 O.R. 497, Parcel Two 16 P.M. 37, Tiburon,.
Marin County, California", filed for record December 11,1997 in Book 26 of Parcel Maps, at Page
43, Marin County Records.
PARCEL THREE:
A non-exclusive easement for access, utility and storm drainage purposes over that certain area
designated as "Easement I", as shown upon that certain Parcel Map entitled, "Parcel Map, Lands
.ofthe Town of Tiburon 3382 O.R. 497, Parcel Two 16 P.M. 37, Tiburon, Marin County,
California", filed for record December 11, 1997 in Book 26 of Parcel Maps, at Page 43, Marin
County Records.
:
--,
.
,
1
EXHIBIT "8"
CHANDLERS GATE TO TlBURON
DRAINAGE EASEMENT
All that certain real property situated in the Town of Tiburon, State of California,
being an easement for drainage and related purposes over the lands of the Town
of Tiburon as described in the deed recorded in Book 2994 of Official Records at
Page 580, Marin County Records, being further described as follows:
BEGINNING at a point on the southerly boundary line of said lands, said point
also being the Northwesterly corner of Lot 1 of Parcel Map - Lands of the Town
of TiburonJ! filed in Book 26 of Parcel Maps at Page 43, Marin County Records;
Thence North 44010'20" East, 6.26 feet to a point on the easterly right of way line
of Ned's Way as shown on said Parcel Map;
Thence Easterly, parallel to and 5.00 feet perpendicular from the Northerly line of
said Lot 1 South 82048'OOJ! East, 175.32 feet;
Thence, continuing along said parallel line, North 76029'08" East, 39.99 feet;
Thence, North 47054'00)) East, 39.69 feet;
Thence, leaving said parallel line, North 76029'08" East 10.45 feet to a point on
the northerly line of said Lot 1;
Thence Westerly, along said northerly line, the following courses and distances:
South 47054'00" West, 50.14 feet,
South 76029'08" West, 42_18 feet,
North 82048'00" West, 180.00 feet to the POINT OF BEGINNING.
Prepared by:
, /"~~-:---~
I.L. Schwartz Associates, Inc. .~/ ~~c}r c.SS'O;YA ~
",~~(""
/" ~ ~~u Ci).', ~ ~
I ~ ~.'~ ~.\ ".? \
I ~ (~ ~'j\ ~.', \
0~ I.~ ~A' ";.-~ ,
,-- r-J r" 1
\ ~,- No. 1322'1 ~ L
C2. \ E;.cp ~-30-O1 ..." J
\ . 0 . !,
\ * ":{J
"d}. C/V\l <;~~A
~~~
6876sde.doc
08/01/00
.
. LL. SCHWAR.1Z AW:X NC. ~ JOB ( ~S GATE - DRAINAGE EASEMENT -
0:"5 ., . .. Civil Engineering de Lana ~UI veying JOB NO. 60/6 SHEET NO. 1 OF 1
. .:...._.:.:(~::.t. DESIGN BY JRH DA TE 08/01/00
;: . .!.~ 79 Galli Drive
::..:..:.,: :f:
-:;:::.::."';:.~;.;. NOVA TO, CA 94949 CHECKED BYILS DA TE 08/01/00
(415) 883-9200 FAX 883- 2763 SCALE 1" = 40'
EXHIBIT "e: 'I
"
~
~
N7602Q'08'E ~
/0. 45' ~ '57..>
~ ~~
'57..> '57,
~~ ~/~,a
~ 9 ~O~
6<5"9, ~ T/BURON REDEVELOPI1ENT AGENCY
o~ 98
~'Z. Z. -0/9870
~~ ~~
~~~ ~ 0
~~\I:S>~
':J- ~
~:. \::S:I::. 0
.. ..
rn \\\ . . '0
~ 0
~ '. ..,
TOWN OF nBURON ~~ ~ .::..
2994 OR 580 ~ ~ .
~iL
:: '" 5' DRAINAGE EA~EHENr
g . .
~ -:.:.
~I~ o 0
.
B~B : ......:. . 0
. o'
o .
~8~ :........ .
.~'f
~Z ~ ~i ~ . .
. .
o 0
o .
. .0
~ . .
~..
~
~
~ ...L
N 440/0'20" E
6.26'
~
~
"
,
,
"
.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
r
State of California }ss.
County of -&'~J U
on~eforeme, ,
Date
personally appeared ~- ,
l ~erSOnallY known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
J - - .., IJ> - ~;;;'G~~; ~ I subscribed to the within instrument and
~ acknowledged to me that he/she/they executed
@ CommissIOn it 1207204 the in h is/her/thei r authorized
}' Notay Public - CaIIIanb I same
capacity(ies), and that by h is/her/thei r
. Maln Counly I signature(s) on the instrument the person(s), or
My Comm. 8cpires Ja't 8,2003 the entity upon behalf of which the person(s)
------------------
acted, executed the instrument.
~
(
[
f Place Notary Seal Above
[ OPTIONAL
f Though the information below is not required by law, it may prove valuable to persons relying on the document
I and could prevent fraudulent removal and reattachment of this form to another document.
r Description of Attached Document
Title or Type of Document:
~
Document Date: Number of Pages:
I
Signer(s) Other Than Named Above:
I Capacity(ies) Claimed by Signer
Signer's Name: RIGHT THUMBPRINT
o Individual OF SIGNER
Top of thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
r
~ - " - . ~ ~ - ^
@ 1997 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402 . Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
.
ALL.PURPOSE ACKNOWLEDGMENT
r-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.'
· State of California /Z1 .A JJ I() } ss. ·
, County of /'rfK.-1' ,
i On Oc:f. r rl 1- ~O before me, O. t.. ' r ~At1IE ,i
. (DATE) ~ GJ .1J (NOTARY) ·
a personally appeared I tJ ;U "A A a
, SIGNER(S)'
. .
, ~ personally known to me - OR- 0 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), and that by his/her/their ·
'J. f signature(s) on the instrument the person(s), ,
· _ D. L. CRANE <: or the entity upon behalf of which the ·
-. Comm. # 1119443 .
, Ul. NOTARY PUBLIC. CALIFORNIA lJl person( s) acted, executed the Instrument. ,
., \ Marin County - ,.
My Comm. Expires Dec. 8, 2000 ...
i i
i i
i i
· 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) DESCRIPTION OF ATTACHED DOCUMENT ,
., 0 INDIVIDUAL r9rz....f-6f ~z/..e f d.o~.,
· ~ CORPORATE OFFICER, 1- ~d.r211A 'vel?;'" f
, fiI ~ 'iP R. ~E OR 1YPE OF DOCUMENT )
ITLE(S) ~ t::I.. ~ I. r "\ ~~
. ~ - -r U f)crc ·
, 0 PARTNER(S) · ,
. D ATTORNEY-IN-FACT J pZpu f- 3 --RxUir -r .
, 0 TRUSTEE(S) NUMBEROFPAGES ~ I'~;:..e..'
i D GUARDIAN/CONSERVATOR +- JI\-o ~
, D OTHER: tCi'
· / -;2)- tJo ·
t DATE OF DOCUMENT ,
. .
t SIGNER IS REPRESENTING: t
t NAME OF PERSON(S) OR ENTITY(IES) t
. ., 0 t.J.t) 0 ;:. fr I':> Jte. eM) alliER .
L._._._._._._._._._._._._._._._._._.~
APA 1/94 VALLEY-SIERRA, 800-362-3369
. _::.t16 __.i:.:r...'....:. ~ ...', . __ ~.~ ~_n_ --.---. -- ---~._---.---.- --- --. -----.--- -
.
RESOLUTION NO. 3438
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
GRANTING AN EASEMENT FOR DRAINAGE PURPOSES OVER TOWN-OWNED
LAND FOR THE BENEFIT OF THE CHANDLERS GATE SUBDIVISION
LOCATED AT 2-98 NED'S WAY
(ASSESSOR PARCEL NUMBER 58-151-27)
WHEREAS, the Town of Tiburon has approved a 25-unit subdivision for senior
housing purposes located at 2-98 Ned's Way (the Chandlers Gate project); and
WHEREAS, the Town has issued an encroachment permit for a 30-foot wide
landscaped buffer along the southern edge of the Town-owned parcel located due north of
the Chandlers Gate project; and
WHEREAS, the project design requires that a five (5) foot wide drainage
easement be established over the southernmost five feet of the 30-foot wide landscaped
buffer area, said easement being established over the Town-owned parcel (Assessor Parcel
No. 58-151-27) for the benefit of the adjacent Chandlers Gate project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby grants a five (5) foot wide easement for drainage and
related purposes over that portion of property described in the attached Exhibit 1 being
the Grant Deed and Indemnification Agreement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on September 6, 2000 by the following vote:
AYES: COUNCILrv1EMBERS: Bach, Gram, Hennessy, Matthews & Thompson
NOES: COUNCILMEl\1BERS: None
ABSENT: COUNCILMEl\1BERS: None ~~
TOM GRAM, MAYOR
TOWN OF TffiURON
, \ \ \ \ \ I II I ! I I ill,
~ ,:' ,':\ ~. ','. . .', :'::> "'"
DIANE CRANE IACOPI, TOWN CLERK -
Reso/ned's way grant drainage easement.~s . :
. ~
- ./ .
~,.,~ \ ':..~, . . . . .
Tiburon Town Council ". C,--:.'ResrJM/dnNo; 3438 9/6/2000
, , / I J ".' / r ~~. '".. ,
f f"t 'I I t I :,' \'