HomeMy WebLinkAboutEase 2001-06-13 (Zelinsky/Abrams - Ferry Dock)
'}>
Z7~
AP #'s 59-163-01; 59-151-40; and
59-151-41
Recording Requested, Return to:
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TffiURON, CA 94920
ATTN: SCOTT ANDERSON
DOCUMENT TITLE
GRANT OF EASEMENT & AGREEMENT
WITH RESOLUTION OF ACCEPTANCE
ATTACHED
111111111111111 , 111111111111111 III
2002-0030199
Recorded I REC FEE 00
Official Records I ·
County Of I
MarIn I
JOAN C. THAYER I
Recorder I
I
I 81
09:00AM 15-Apr-2002 I Page 1 of 21
.
Recording Requested by:
Diane Crane Iacopi
Town Clerk of the Town ofTiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
GRANTOFEASE~NTANDAGREE~NT
This Agreement is dated June 13, 2001, and is by and between Edward G. Zelinsky, Laleh
Zelinsky and Barbara Z. Abrams, hereinafter referred to as "Grantors," and the Town of Tiburon,
hereinafter referred to as "Grantee."
Recitals
1. Grantors are the owners of certain real property (a portion of which is underwater)
commonly known as 5 Main Street, Tiburon, Marin County, State of California (APN # 059-151-41)
("Easement Site").
2. Grantee is the owner of certain real property immediately adjoining Grantors' property,
commonly known as "Shoreline Park" or 1920 Paradise Boulevard, Tiburon, Marin County, State of
California (APN # 059-163-01) ("Shoreline Park"). Shoreline Park is more particularly described in
Exhibit A.
3. A public ferry service is operated on a dock located adjacent to the Easement Site and
the Shoreline Park. Grantee has received funding to construct the "F eny Area Access & Safety
Improvement Project" ("Project"). The purpose of the Project is to improve assess to the ferry
terminal, particularly for persons with mobility problems; and
4. The Grantee currently holds an easement over an area adjacent to the Easement Site by
virtue of a Grant Deed from the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in
the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2,
1977 ("1977 Easement"). Exhibit D contains a copy of the 1977 Easement. The 1977 Easement is the
site of the Allan Thompson Bridge, which provides access to the ferry dock. To improve the
accessibility of the ferry dock to persons with impaired mobility, Grantee wishes to create a public
Walkway over the Easement Site, which will replace and extend the existing Allan Thompson Bridge.
Grantee therefore desires to acquire an easement over the Easement Site for the purpose of
constructing and maintaining said Walkway as a part of the Project.
NOW, THEREFORE, the parties agree as follows:
1. Grant: F or valuable consideration, Grantors hereby grant to Grantee an easement as
hereinafter-described ("Easement").
2. Description and Use of Easement: The Easement is for the purpose of (a) allowing Grantee to
construct, and maintain the Project; and (b) providing public access to the Project
improvements and the ferry.
3. Location: The location of the Easement shall be as described on Exhibit B and shown on
Exhibit C.
4. Exclusiveness of Easement: The Easement granted herein is exclusively for the purposes set
forth in Section 3 of this Agreement and to provide public access to the dock.
5. Character of Easement: The Easement shall be appurtenant to Shoreline Park.
6. Reconveyance of 1977 Easement: A portion of the 1977 Easement, consisting of some or all
of that segment of the 1977 Easement located on property commonly known as 9 Main Street
in Tiburon will no longer be used for public access after the Town has completed the Project
("Obsolete Portion"). After the Project is complete, the Town will determine the exact
configuration of the Obsolete Portion and re-convey it to Grantors.
7. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and
replacement, described as follows: the right to go upon Grantors' property with necessary
equipment for the maintenance or repair of the Project once constructed.
8. Hold Harmless and Insurance: Grantee shall hold harmless, indemnify and defend Grantors
from any claim, lawsuit or liability involving the construction of the Walkway or its subsequent
use by the public.
9. Ownership of Improvements: Grantee shall retain ownership of any improvements placed in
the easement. Grantors shall have the right to review and approve the proposed
improvements, which approval shall not be unreasonably withheld. By execution of this
instrument, Grantors indicate their approval of the Project.
10. Commencement of Use: If Grantee does not complete construction of the Project within two
(2) years of the date of this easement, this Agreement shall automatically become null and void,
unless extended by written agreement of the parties. The two-year time period shall be tolled
during the pendency of any litigation challenging construction of the Project.
11. Other Responsibilities of Grantee: Grantee shall begin maintaining the Allan Thompson Bridge
and the site of the Easement upon execution of this Agreement. The 1977 Easement is hereby
amended such that Grantee and its lessees shall be solely responsible for maintaining the
2
Walkway in a clean and safe manner. Grantee shall be responsible for any transfer taxes or
other costs associated with the grant and recordation of this easement.
12. Arbitration: The parties agree that any dispute between the parties regarding the terms or
application of this agreement shall be submitted to binding arbitration.
13. Entire Agreement: 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.
14. Binding Effect: This instrument shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, and assigns of Grantor and Grantee.
15. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D
Shoreline Park (Dominant Estate)
Easement (Legal Description)
Easement (Diagram)
1977 Easement
Executed on
:2) ?- k' ( G ~ , at Tiburon, Marin County, California
j
GRANTEE
3
.
BY: Harry S. Matthews
~S71f~
Mayor, To of Tlburon
APPROVED AS TO FORM:
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~..c<'..(X'..(X'..c<'..c<'..c<'..c<'..c<'..c<'-c<'..c<'..c<'..c<'..c<'..c<'-c<'..c<'..c<'..c<'..(X'-C<'-C<'..(X'..(X'..c<',Q('-<X-C<'..c<'-C<'-C<'..c<'..c<'-C<'-C<'-c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'.og
~ State of California } ~
ss. B
I County of Mar in ~
~
~
~
On
3/5/02
, before me,
Gail A. Stine
Name and Title of Officer (e.g.. "Jane Doe. Notary Public")
Date
personally appeared
Edward G.
Zelinsky
Name(s) of Signer(s)
i personally known to me
~ proved to me on the basis of satisfactory
evidence
r~ ';-#r.i"~ GAIL A. STINE ~
- " Comm. # 1233399 (J)
(J) l~~.. · NOTARY PUBLIC" CALIFORNIA _
\. ~~. , Marin County
~ ~~-"~~Y Comm. Expire. Aug. 29, 2003 i'
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.
Place Notary Seal Above
WI~:Qnd Q Offi~
Signature of Notary Public
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: Grrlnt of 'Rrlsp-ment rlna Agrp-emp-nt
Document Date:
,Tl1np 11
?001
Number of Pages:
1 S
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
[}[ Partner - ~ Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
~;.(,;
"~
C 1999 National Notary Assoclalion' 9350 De SolO Ave., P.O. Box 2402' Chatsworth. CA 91313-2402' www.natlonalnotary.org
Prod. No. 5907
Reorder. Call Toll-Free 1-800-876~27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~.<;<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'"..c<'..c<'..c<'..c<'..c<'..c<'..c<'-C<'..c<'..c<'..c<'-C<'..c<'-C<'..c<'..c<'-C<'-C<'..c<'-C<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'..c<'.o.~
I' State of California } ~
, ss. ~
I County of Ma r in I
~
~
I
On
3/5/02
Date
, before me,
Gail A St-inp
Name and Title of Officer (e.g., -Jane Doe, Notary Public")
personally appeared
Laleh
zelinskf
Name(s) of Signer(s
I'
I
I.
~ personally known to me
o proved to me on the basis of satisfactory
evidence
I.
l Q' GAIL A. STINE .~
- Comm. # 1233399 "-
U) -. NOTARY PUBLIC - CALIFORNIA (J)
" '.. . Marin County :
l' '~J.l.~. My Con~:n. Expim Au~. 29. 2003 l
,... 'T '11"""""___ ~............._~~~~~,.....trl''}lI'''~ -.....- (
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.
I.
I.
I.
I.
I.
W~~SS my hand and official seal.
(h\ c~Q Q ~~~
Signature of Notary Public
Place Notary Seal Above
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: Grant of Easement Clnd Agrppmpnt-
Document Date:
June 13. 2001
Number of Pages:
1 t)
I.
I.
Signer(s) Other Than Named Above:
I'
I.
I
I.
I.
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
!Xl Partner -1Xl Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
::1-
Top of thumb here
I'
Signer Is Representing:
I
~.
C 1999 National Notary Association. 9350 De SOlO Ave.. P.O. Box 2402. Chatsworth. CA 91313-2402. www.nalionalnotary.org
Prod. No. 5907
Reorder. Call Toll-Free 1.800.876-6827
I
.j
,j
.1
I
I
. . ~~
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~'(',(::;<'-G<'-G<'-G<',,(X,(X,,(x ,,(X..(X:',,(x -G<'-G<' -C<',,(x -C<'-c<' .c<:'-G<',,(X,,(x -<X.c<:'-G<'-G<'-G<'-c<'-c<'-C<' -c<'.cNY.i5<' -<X-c<' ,C<'>C<'.c<:'.i5<',,(x -G<' -G<'.i5<'.i5<' -G<'-5- 'Y.
!) g
! State of California } ~
M ss. ~
I, County of ar In
;
,rj
~
~
~
2/25/02
Date
, before me,
Gail A. Stine
Name and Title of Officer (e,g" "Jane Doe, Notary Public")
On
personally appeared
Barbara Z. Abrams
Name(s) of Signer(s)
I,
I
I,
I,
I
I-
I-
J-
o personally known to me
o proved to me on the basis of satisfactory
evidence
j it GAIL A. STINE u~
_ Comm. # 1233399 In
(f). . NOTARY PUBLIC. CALIFORNIA ~
", Mann County ...
1 My COlllffi. Expires Au'1 ~9 2003..J
_ iPY"""".,..... ..~-.:~.,.....,....~,~ -..p.~-
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.
I,
I
I
I,
I
I
I
I
I-
I
I
I
I
I'
I-
I-
I,
~
1
I,
I,
I
WITNESS my hand and official seal.
~a~C Q S~
Signature of Notary Public
Place Notary Seal Above
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: Grant of Easement and Z\.groomont
June 13, 2001
Number of Pages:
15
Document Date:
Signer(s) Other Than Named Above:
I,
I,
I
I-
I
I
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - Title(s):
Kl Partner - KJ Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
. ~:I:.I:mll
_.~.
Top of thumb here
, Signer Is Representing:
I,
~. .
C 1999 National Notary Association. 9350 De Soto Ave., P.O, Box 2402. Chatsworth, CA 91313-2402. www.natlonalnotary,org
Reorder. Call Toll-Free 1 -800-876-6827
Prod. No, 5907
,I
-I
,I
)
,I
-I
,I
I
,I
1
1
'I
I
,I
,I
-I
,I
1
,I
. 0~
ALL-PURPOSE ACKNOWLEDGEMENT
State of California . ./ } SS.
County of 111/ A1lt !!..-
On ~~/ ~J. before me. 1d11/-;tJE (Arl-AlEIA(~/I .
personally appear~~n HA ;(.~y s: M 4- ?I..,,1f/: ill""''''
~sonally known to me
- OR -
D 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
signatures( s) on the instrument the person(s).
or the entity upon behalf of which the
person( s) acted. executed the instrument.
l ~DIANE CRANE IACOPI ~
- . Comm. # 1286660
fj) ~ -& NOT ARY PUBLIC-CALIFORNIA ~
~" . Mann County "'"
My Comm. Expires Dec. 8, 2004
,()r\/<)'" \/(;\, \r1 /<f:
OPTIONAL INFORMATION
The information below is not required by law. Ho\\.ever. it could prevent fraudulent attachment of this acknmvl-
edgemenr to an unauthorized document.
G I<A-;.;,
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
DESCRIPTION OF ATTACHED DOCUMENT
D jPffiIVIDUAL
[]r" CORPORATE OFFICER
~A'r'iqf
TITL OR TYPE OF DOCUMENT
if r ~~~OFD{d(4-A-tJ
~ D~?t,[~ l
D PARTNER(Sl
D ATTORNEY-IN-FACT
D TRUSTEE( S)
D GUARDIAN/CONSERVATOR
D OTHER:
OTHER
Q)
~
SIGNER IS REPRESE~TING:
~A~lE OF PERSONI S lOR fc" r1T'rIIES I
RIGHT THUI\IBPRINT
OF
SIGNER
Ii
I~
~
I
I
71J VN OF
J
/ ( htJ~A/
APA 5jl)Y
VALLEY-SIERR.\. XOO-.Io2-'.Ihl)
It
Exhibit A
Shoreline Park
Lot 1 as shown on document 84-803 1, Page 4 of Volume 19 of Maps, recorded on
February 16, 1984, in the Official Records of Marin County.
5
EXHIBIT B
EASE:MENT LEGAL DESCRIPTIONS
All that certain real property situate in the Town of Tiburon, County of Marin, State of
California, being a portion of the lands of Zelinsky Et.A!. as set out in the Deed recorded
under Document No. 1997-0003365, Marin County Records, described as follows:
PARCEL ONE:
All that portion of Easement "E" as described in the Deed from the Frederick and Juanita
Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page
172, Marin County Records described as follows:
COMMENCING at the Northeasterly corner of Parcel Two, as described in the Grant
Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470,
Marin County Records, said corner being on the southerly right of way line of Main
Street;
Thence, leaving said corner and said right of way line, along the easterly property line of
said Parcel Two, South 21016'58" East (South 19049'30" East per deed), 183.40' feet to
the TRUE POINT OF BEGINNING;
Thence, continuing along said easterly property line also being the easterly line of said
Parcel "E", South 21016'58" East, 2.10 feet;
Thence, leaving said easterly property line and said easement line, South 68043 '02"
West, 80.00 feet to the westerly property line of said Parcel Two also being the westerly
line of said Parcel HE";
Thence along the westerly property line of said Parcel Two and said Parcel "E", North
21016'58" West (North 19049'30" West per deed) 2.10 feet;
Thence, leaving said westerly property line, along the common line between Parcels HE"
and Parcel "B" as described in the Deed from the Frederick and Juanita Zelinsky Trust to
the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin
County Records, North 68043'02" East (North 70010'30" East per deed) 80.00 feet to the
POINT OF BEGINNING.
PARCEL TWO:
All that portion of Easement "D" as described in the Deed from the Frederick and Juanita
Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page
172, Marin County Records described as follows:
COMMENCING at the Northeasterly corner of Parcel One, as described in the Grant
Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470,
Marin County Records, said corner being on the southerly right of way line of Main
Street;
.
Thence along the northerly property line of said parcel and said southerly right of way
line, South 68043'02" West (South 70010'30" West per deed) 43.19 feet to the
northwesterly corner of said parcel~
Thence, leaving northerly property line and said right of way line, along the westerly
property line of said Parcel One, South 18039'28" East (South 17012' East per deed)
12.82 feet~
Thence South 21016'58" East (South 19049'30" East per deed) 162.1 feet to the TRUE
POINT OF BEGINNING also being the northwesterly corner of Parcel "D as described
in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon
recorded in Book 3195 of Official Records at Page 172, Marin County Records~
Thence along the northerly line of said Parcel "D", North 68043'02" East (North
70010'30" East per deed) 43.75 feet to the easterly property line of said Parcel One also
being the northeasterly corner of said Parcel "D";
Thence along the easterly line of said Parcel One and said Parcel "D", South 21016' 5 8"
East (South 19049.30" East per deed) 10.58 feet;
Thence, leaving said easterly property line and said easterly easement line, South
68043'02" West, 43.75 feet to the westerly property line of said Parcel One also being the
westerly line of said Parcel "D";
Thence along said westerly property line and said westerly easement line, North
21016'58" West (North 19049'30" West per deed) 10.58 feet to the POINT OF
BEGINNING.
PARCEL THREE:
BEGINNING at the intersection of the northerly and westerly lines of Parcel "B" as
described in the Deed from the Frederick and Juanita Zelinsky Trust to the City of
Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records,
said lines being labeled per said deed "North 70010'30" East, 64 feet" and "North
19049'30" West, 173.4 feet"~
Thence, from said point of intersection and along said westerly line, North 21016' 58"
West, 3 .50 feet~
Thence, leaving said westerly line, South 23043'02" West, 4.95 feet to a point on the
northerly line of said Parcel "B";
Thence along said northerly line, North 68043'02" East, 3.50 feet to the POINT OF
BEGINNING.
Prepared by:
LL.Schwartz Associates, Inc.
REV -EAS-LGL.DOC
09/10/01
, ~
I t!)
I ~
J
I
J lLJ
I ~
I ~
I ~
I \J)
f TRU
PARCEL THREE I BEG. THG
\ 'PARe. 'L THREE
--, ~I 4
L_______________ m~k~!
~'B./ / PARCEL ONE
N 68043'02" E '\80.00' (2f
S 68043'02" H 80.00' \
EXlSnN5
EASEf-ENr 1:'
Ii,"'.......,"'.
. ::.
:. J:;:..-:::::~:.=:::.
: .....:..::::
::;:;:';;~.:.:::F
@
LL SCHWARlZ ~lm, ~.
Civil Engineering & land SurveYing
79 Galli Drive
NOVA TO, CA 94949
(415) 883-9200 FAX 883-2763
JOB
JOB NO.
EXHIBIT C
NORTHEASTERL Y CORNER OF
~
::::
~
~ ~
~ ~
< ~
43./C{'
,
I
,
,
I
I
lLJ I
~ :
~
~ I
~ TRUE POINT OF
\S)
BEfINNING PARCEL TJYO
;;PA1{P::S:;O - - - ~_
~t'
N 68043'02" E 3. 75'
2
..........
~
~
ZELlN~ ET AL
1997 0003365
~
::::
~
~
\)
~
<:
--------------PABC~-~E
LINE TABLE.
(j) N 21016'58" fY 2/0'
o N 2/016'58" fY /0.58'
@N 23043'02" rl 4.Cf5'
0N 2/0/658" rl3.50'
(2)N 68043'02" E 3.5CJ'
NOTE:
EX/STING EASEHENT PARCELS "B'; 't;'; "D", "E"
PER 3/Cf5 OR /72
I
CD
- 4f'
.~
. . "~:..-----
21815
REt.
.R~c.'Jrding Requested by:
, ~
~.
CITY OF TIBURO~ /
21815
AT
~fuen Recorded, rr2il to:
ROBE?...T I. COr-R.r I Esq'~
Tiburon City zs..ttorney_
'-3' .....h I,
-~ ~ F.1.1: 1:.1 Avenue'! <",
San P~fael, CA 94901
B02,L: 3185
n.~~~
FEE $ ~ ~ RECORDt'
PACE172 · c: 6'
V'G
GR..:!__'1T DE3D FOR PEDESTRL~ P.i\SSAGE EASEl.1ENT ~rD RESTRICTIVE COVE;:lANT
FRED~ICK ll_~\.ID JUANITA ZELINSKY TRUST (hereinafter
collectively referre~ to as "Grantor"), hereby grants to the
CITY OF TIBURON, a municipal corporation (hereinafter referred
to as tlGranteen), 3...Tl easement for pedes.trian passage over a
pedestrian promenade and ';valk;vay for public' use ,over aDd
across t..r"e real property si tuated in the City of Tiburon,
County of Marin, State of California, described in E}~ibits
-11", "B", and rYe" attached hereto.
G~antor represents to Grantee b~at it has constructed
the pedestrian promenade and walkway over said real property
in a geed and wo=kmanlike. manner and covenant c3.nd ~'lar=ants th.at
it will maintain it in safe condition at all t;~es and will,
at all tL~es, maintain public liability insurance in amounts
de~'"TIed satisfactory to the Tiburon City Hanager, naming Grantee
2S an additional insured and providing for prior Notice to
Gra.l"'!tee of any,. cancellation of the policy.
EXH\BlT D
-. 5c["..31 85 p.~GE.172
-1-
J
....,
~
Grantdr hereby covenants with Grantee that the property
\
/
desc=ibed in Exhiblts "DII and "E" I attac~J.ed heretor shall be
res~~icted to nonexclusive public rights of access and to
"" .
renain forever in ,the natural state as o?en, undeveloped,
. ..
i "
unfilled, ar~ unimproved space.
DATED: ~
"ZD
I 1977.
:::DEP~~~~ELI~SKY
T ustee
TRUST
STATE a? CF.LIFO&"lIA )
) 55.
-COU~iTY OF H..~RIN )
On this ~~ day of
~n~~u.r5tf~ a~
o E:." a No tary Publ ic
ana s~o=n, personally appeared
kno\vn to me to be
subscribed to the within instrument and
he axecuted the same.
th erson hose n~~e-1S
acknoHledged to me that
My co~~ission expires
affixed
IN ~.lIT~-1ESS ~vnEREOF I
my official seal in tl1e
b~e day and year this certific
· ~"2....~
BGc:.~31 85 p.~,GE173
-2-
EXHIB:i:T "A"
Commencing at a point in the Northerly line of
Tideland Lot 15 1/2 which bears South 640 33' 30"
West, 134.80 feet from Tideland Station 469, said
point being the most Southerly corner of the parcel
of land conveyed to the Northwestern Pacific Railroad
Company by M. J. Gillogly and Zoe H. Gillogly, his wife,
by that certain indenture dated January 12, 1927,
recorded June 9, 1927, in Volume 119 of Official Records,
page 301, Marin County Records; thence North 220 06' West,
26.40 feet to the Southerly line of Main Street; thence
along said Southerly line, North 700 10' 30" East, 56.28
feet to the true Point of Beginning, said point being
the Northeast corner of a parcel of land now or formerly
owned by Fred Zelinsky and known as liThe Dock." Thence
leaving said Point of Beginning and said right of way
line, along the Easterly property line of said parcel,
South 190 491 30" East, 224 feet, more or less, to the
Southerly limit of an existing deck; thence along said
.Southerly limit of the existing deck, South 700 lor 30"
West, 55.23 feet to a point on the Westerly proper~y line
of said parcel; thence leaving said Southerly limit of
said deck, along said Westerly property line, North
190 491 30" West,S feet, more or less, to the outside
face of the existing building; thence leaving said Westerly
line, along the outside face of the existing building,
North 700 lor 3D" East, 47.23 feet, more or less, to the
Southeasterly corner of the existing building; thence along
the Easterly outside face of sa~d building, 8 feet, more
or less, distant from the above mentioned Easterly property
line, North 19049130" West, 103.5 feet; South 70010' 30"
West, 2 feet; thence along the Easterly outside face of said
existing building, now being 10 feet, more or less, distant
from said Easterly property line, North 190 49' 30" West.,
115.5 feet, more or less, to the Northerly property line of
said parcel and the Southerly right of way line of Main
Street; thence along said Northerly property line, North
700 10' 30" East, 10 feet, more or less, to the Point of
Beginnins.
Containing 2,259 Square Feet in area.
..
EXHIBIT "B"
Beginning at the Northeasterly corner of Parcel Two, as
described in the Grant Deed from Varney to Zelinsky,
recorded on August 3, 1961, in Book 1485, at page 470,
Marin County Records; said point also lying on the
Southerly right of way line of Main Street; thence leaving
said'point of Beginning and right of way line, along the
Easterly property line of the above referenced Parcel Two,
South 190 49' 30" East, 183.4 feet, more or less, to the
intersection of the extension of the Southerly limit of
an existing promenade deck with said Easterly property
line; thence leaving said Easterly line along said Southerly
limit of said promenade deck, South 700 la' 30" West, 80 feet,
to the Westerly property line of said parcel; thence along
said Westerly property line, North 190 49' 30" West, 19.5
feet; thence leaving said Westerly property line, North
700 10' 30" East, 6 feet, more or less, to the Easterly
limit of an existing deck; thence along said Easterly limit,
South 190 49' 3011 East, 9.5 feet, more or less, to the inter.....
section of said Easterly limit of deck with the Northerly
limit of the above mentioned promenade deck; thence along
said Nort.rlerly.limit, North 700 10' 30" East, 64 feet to
the intersection of said Northerly limit with the Southerly
extension of the Easterly outside face of the e~isting buildin9
being 10 feet, more or less, distant from the Easterly
property line of said parcel; thence along said extension and
along said Easterly outside face of said building, North
190 49' 30" West, 173.4 feet, more or less, to a point on
the Northerly property line of said parcel, said line also
being the Southerly right of way line of Main Street; thence
along said Northerly property line, North 700 10' 30" East,
10 feet, more or less, to the Point of Beginning.
Containing 2,591 Square Feet of area.
...
.
EXHIBIT "e"
Beginning at the Northeasterly corner of Parcel One as
described in the Grant Deed from Varney to Zelinsky
recorded on August 3, 1961, in Book 1485, at page 470,
Marin County Records, said point also being on the
Southerly right of way line of Main Street; thence
leaving said point, along said Southerly right of way line
and Northerly line of said parcel, South 700 10' 30" West,
43.19 feet, to the Northwesterly corner of said parcel;
thence leaving said corner and said right of way line,
along the Westerly propertx line of said parcel, South
170 12' East, 12.82 feet; thence South 190 49' 30" East,
162.1 feet to the intersection of said Westerly property
line with the Southerly limit of an existing deck; thence
leaving said Westerly line along said Southerly limit, North
700 10' 30" East, 43.75 feet, to the Easterly property line
of said parcel; thence leaving the Southerly limit of said
deck, along said Easterly line, North 190 49' 30" West,
11 feet, more or less, to the intersection of said Easterly
line with the Westerly extension of the Southerly limit of
an existing overhead deck; thence leaving said Easterly
property line, along said extension and the Southerly limit
of the overhead deck, South 700 la' 30" West, 33.75 feet to
the Southwest corner of said overhead deck, said corner also
being on the Southerly extension of the Westerly outside
face of an existing building; thence along said extension and
said Westerly outside faca, being 10 feet, more or less,
distant from and parallel with the Westerly property line
of said parcel, North 190 49' 3D" West, 158.9 feet, more
or less, to the point of intersection with the Northerly
limit of an existing overhead deck; thence along said
Northerly limit, North 700 10' 30" East, 33.75 feet, to
the Easterly property line of said parcel; thence along
said Easterly line, North 190 49' 30" West, 5 feet, more
or less, to the Point of Beginning.
Containing 2,285 Square Feet in area.
,
EXHIBIT liD"
Commencing at the Northeasterly corner of Parcel One,
as described in the Grant Deed from Varney to Zelinsky,
recorded on August 3, 1961, in Book 1485, at page 470,
Marin County Records, said corner being on the Southerly
right-of way line of Main Street; thence along the
Northerly property line of said parcel and said Southerly
right of way line, South 700 10' 30" West, 43.19 feet, to
the Northwesterly corner of said parcelj thence leaving
said corner and said right of way line, along the Westerly
property line of said parcel, South 170 12' East, 12.82
feet; thence South 190 49' 30" East, 162.1 feet, to the
true Point of Beginning, said true Point of Beginning also
being the intersection of said Westerly property line with
the Southerly limit of an existing deckj thence leaving
said point, along said Southerly limit, North 700 10' 30"
East, 43.75 feet, to the Easterly property line of said
parcelj thence leaving said Southerly limit along said
Easterly property line, South 190 49' 30" East, 22.0 feetj
thence leaving said Easterly line South 700 10' 30" West,
43.75 feet, to the Westerly property line of said parcelj
thence along said Westerly line North 190 49' 30" West,
22.0 feet, to the true Point of Beginning.
Containing 963 Square Feet in area.
EXHIBIT "E"
Commencing at the Northeasterly corner of Parcel Two, as
described in the Grant Deed from Varney to Zelinsky,
recorded on August 3, 1961, in Book 1485, at page 470, Marin
County Records, said corner also being on the Southerly
right of way line of Main Street; thence leaving said
corner'and said right of way line, along the Easterly
property line of said Parcel Two, South 190 49' 30" East,
183.4 feet, to the true Point of Beginning, said point
being the intersection of said Easterly property line with
the Easterly extension of the Southerly limit of- an existing
promenade deck; thence leaving said true Point of Beginning,
along said extension and said Southerly limit, South
700 10' 30" West, 80 feet, to the Westerly property line
of said Parcel Two; thence along said property line, South
-190 49' 30" East, 13 feet; thence leaving said Weste1:1y
property line, along a line 13 feet distant from the above-
mentioned Southerly limit, North 700 10' 30" East, 80 feet,
to the Easterly property line of said parcel; thence along
said Easterly property line, North 190 49' 30" vlest, 13 feet,
to the true Point of Beginning.
Containing 1,040 Square Feet in area.
RESOLUTION NO. 15-2002
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING AN AGREEMENT AND
ACCEPTING AN EASEMENT FOR THE PURPOSE OF
CONSTRUCTING THE FERRY AREA ACCESS AND
SAFETY IMPROVEMENT PROJECT
WHEREAS, the Town of Tiburon has obtained funding from the State of California to
construct the Ferry Area Access And Safety Improvement Project ("Project"); and
WHEREAS, the Town wishes to construct a portion of the Project on property owned by
Edward G. Zelinsky, Laleh Zelinsky and Barbara Z. Abrams ("Grantors"); and
WHEREAS, the Grantors are willing to grant an easement to the Town for purposes of
constructing the Project, subject to the terms and condition of the Grant of Easement and Agreement
attached hereto, which is incorporated herein by reference; and
WHEREAS, the Town is willing to accept the easement and the terms and conditions of the
Grant of Easement and Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon that
the Town of Tiburon approves the Grant of Easement and Agreement and accepts the easement
offered by the Grantors. The Easement Agreement shall be executed by the Mayor and shall be
recorded with the Office of the Marin County Recorder. The Town Attorney is authorized to execute
any other documents that may be necessary or appropriate to complete this transaction.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon
on March 20, 2002 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Fredericks, Gram, Slavitz & Thompson
COUNCILMEMBERS: None
COUNCILMEMBE J ___
TOM GRAM, vICE MAYOR
T own of Tiburon
T1BLRON TOWV coc.velL
RESOL UTlON NO. /5-H)02
A~/hi?
II~d~'
DIANE CRANE IACOPI, TOWN CLERK