HomeMy WebLinkAboutAgr 1998-01-28 (Child Care Center/RUSD)8-SFr
RECORDING REQUESTED
RETURN TO:
BUSINESS MANAGER
REED UNION SCHOOL DISTRICT
105-A AVENIDA MIRAFLORES
TIBURON, CA 94920
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
98-0077431'
1
Recorded I
Official Records I
County of I
MARIN I
JOAN C THAYER I
Recorder I
2:35pm -9-Feb-96 I
Rec Fee .00
Total .00
XX 17
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PL DWI NG~ T
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AGREEMENT TO AMEND LAND LEASE AND USE AGREEMENTS
BETWEEN THE TOWN OF TIBURON, THE BELVEDERE/TIBURON CHILD CARE
CENTER AND THE REED UNION SCHOOL DISTRICT
ASSESSOR PARCEL NO. 58-151-23
THIS AGREEMENT is entered into this day of January, 1998, by and between
the TOWN OF TIBURON ("Tiburon"), the BELVEDERE-TIBURON CHILD CARE
CENTER ("CCC") and the REED UNION SCHOOL DISTRICT ("District").
RECITALS:
A. Tiburon is the owner of certain real property situated in the Town of Tiburon
("Town Property") described in Exhibit "A."
B. Tiburon, District and CCC have entered into a series of agreements pursuant to
which District and CCC are entitled to the use of the Town Property for
playground and child care center purposes respectively. The first such
agreement, between Tiburon and District was dated February 28, 1978, and was
amended by an agreement dated September 30, 1987. Subsequent agreements
between the aforesaid two parties and CCC or CCC's predecessor in interest,
the Belvedere-Tiburon Joint Recreation Committee, were dated August 31, 1987
and November 4, 1994. The aforesaid agreements between the parties, and any
and all other agreements and instruments creating an entitlement to use the
Town Property, are collectively referenced herein as the "Prior Use
Agreements."
C. As a result of the Prior Use Agreements, District and CCC are using a portion
of the Town Property, which portion is described in Exhibit "B" (the "Transfer
Property"). The remaining portion of the Town Property is not being used by
District or CCC and is described in Exhibit "C" (the "Released Property").
D. Tiburon intends to record, prior to the recordation of this agreement, a parcel
map (the "Parcel Map") by which District would be granted access and parking
rights over a 30 foot wide roadway easement, in the approximate location of the
existing 25 foot access and utility easement connecting Ned's Way to the Reed
Elementary School property.
E. The Parties agree that it will be to their mutual benefit, upon recordation of the
Parcel Map, to modify the Prior Use Agreements such that the District will
obtain ownership of the Transfer Property in consideration for the Town
regaining the ability to use the Released Property for other public purposes, all
as set forth herein.
NOW, THEREFORE, BE IT HEREBY AGREED that the parties enter into this
Agreement to Amend the Prior Agreements based on the following covenants and conditions:
1. Within 60 days of recordation of the Parcel Map, Tiburon shall convey all of its
right, title and interest in the Transfer Property to District by grant deed (the
"Grant Deed") in a form substantially similar to that set forth in Exhibit "D",
which Grant Deed shall reserve to Tiburon a slope easement over that portion of
the Released Property described in Exhibit "B". CCC shall retain its right to use
the Transfer Property as set forth in the Prior Use Agreements. Except as
otherwise provided herein, District shall acquire all of Tiburon's rights and
assume all of Tiburon's obligations arising on or after the date of recordation of
the Grant Deed under the Prior Use Agreements with respect to the Transfer
Property, which rights Tiburon hereby releases and assigns to District and from
which obligations Tiburon is hereby released.
2. Within 60 days of recordation of the Parcel Map, and concurrent with
recordation of the Grant Deed, District shall convey all its right, title and
interest in the Released Property to Tiburon by quitclaim deed (the "Quitclaim
Deed") in a form substantially similar to that set forth in Exhibit "E". CCC
hereby releases, waives, and relinquishes to Tiburon, effective as of the
recordation of the Grant Deed and the Quitclaim Deed, all of its rights to use,
occupy or enjoy the Released Property under the Prior Use Agreements.
3. Prior to the commencement of any construction on the Released Property,
Tiburon shall install at its cost a six foot chain link fence at the top of the slope
easement area described in Exhibit "B". Tiburon shall maintain the slope
easement area and plant and maintain suitable landscaping upon it.
4. Parking along the roadway easement shall be allocated as shown on the attached
Exhibit "F". Tiburon shall have the right to joint use of the two parking spaces
designated on Exhibit "F" as "time-limited spaces available for general public
use" only for so long as such spaces are counted towards the parking
requirements of CCC's conditional use permit for expanded enrollment in the
2
same manner and to the same extent as if they were allocated solely to CCC's
use, and if said spaces are not so counted toward CCC's parking requirements,
said two spaces shall thereafter be allocated exclusively to the use of District
and CCC.
5. The use of the Transfer Property for other than District purposes shall be
subject to all normally applicable Tiburon regulations and policies governing
land use and development in the Town of Tiburon.
6. Under §9 of the Land Lease and Use Agreement between Tiburon, District and
CCC dated November 4, 1994, CCC is required to offer and maintain a
scholarship program to the children of Tiburon employees. CCC shall continue
offering and maintaining this program to the children of Tiburon employees for
a period of twenty (20) years from the date of this Agreement.
7. Except as otherwise set forth herein, and except as they may have expired by
their terms, the Prior Use Agreements shall remain unmodified and in full force
and effect.
8. This Agreement includes the following Exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit "A" Town Property
Exhibit "B" Transfer Property
Exhibit "C" Released Property
Exhibit "D" Form Grant Deed from Tiburon
Exhibit "E" Form Quitclaim Deed from District
Exhibit "F" Drawing of Parking Allocation along Roadway Easement
9. This Agreement shall be recorded concurrently with the deeds.
DATE #ED UNIO CHOOL DIS RICT
/ ~o J
DATE BELVEDERE-TIBU CHILD CARE CENTER
r 12-
DATE TOWN OF fIBURON
APPROVED AS TO FORM:
E TOWN ATTOR Y, TOWN OF TIBURON
revised 11/13/97 \police\cccrus2.fm
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ALL-PURPOSE ACKNOWLEDGMENT
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(DATE) NOTARY
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personally known to me - OR- ❑ proved to me on the basis of satisfactory '
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• capacity(ies), and that by his/her/their •
' signature(s) on the instrument the person(s), '
• D. L. CRANE or the entity upon behalf of which the •
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• N NOTARY PUBLIC - CALIFORNIAN •
' Marin County
M Comm. Ex free Dec. 8, 2000
• WITNESS my hand and official seal. •
• •
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NOTARY'S SIGNATURE •
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
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CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
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N NOTARY PUBLIC -CALIFORNIA
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• My Comm. Expires Doc. 8,1000 •
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• WITNESS m and an fficial seal. •
NOTARY'S SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl-
edgment to an unauthorized document.
CAPACffY CLAIMED BY SIGNER (PRINCIPAL)
ILCf INDIVIDUAL
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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 hand an official seal.
NOTARY'S SIGNATURE
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)
❑ INDIVIDUAL
❑ CORPORATE OFFICER
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APA 1/94 VALLEY-SIERRA, 800-362-3369
"Town Property"
LEGAL DESCRIPTION
EXHIBIT "A"
All that certain real property situate in the City of Tiburon,
County of Marin, State of California, and is described as follows:
PARCEL ONE:
All the land granted by the Housing Authority of the County of
Marin to Reed Union School District of Marin County described in
the Deed recorded March 28, 1969 in Book 2285 of Official Records
at Page 31, and a portion of the land granted by Campbell Judge
and wife to Reed Union School District, described in the Deed
recorded December 29,1950 in Book 673 of Official Records at Page
201, Marin County Records, described as follows:
Beginning at a point on the Northeasterly line of Tiburon
Boulevard, the California State Highway from Belvedere crossing
to Tiburon, which point bears North 270 06' East 50.00 feet form
Engineer's Station 229+24.69 on the centerline survey of said
highway and shown on the highway plans; thence from the point of
beginning North 620 54' West 40.77 feet; thence leaving the
Northeasterly line of along a circular curve to the right, the
last preceding course being tangent, with a radius of 20.00 feet,
thru a central angle of 90° 001, an arc length of 31.42 feet;
thence along a tangent to the preceding curve, North 27° 06' East
36.14 feet; thence along circular curve to the right, the last
preceding course being tangent, with a radius of 380 feet, thru a
central angle of 33° 141, an arc length of 220.41 feet; thence
along a circular curve to the left, having common tangent with
the last preceding curve, with a radius of 498 feet, thru a
central angle of 02* 201, an arc length of 20.28 feet; thence
South 820 48' East 180.00 feet, North 76° 29' 08" East 42.18 feet
and North 470 54' East 140.48 feet (140.00 feet in the Deed
2285/31) to a point on the Westerly line of the land described in
the Deed to the Reed School District (673/201) ; thence along said
Westerly line, North 09° 15' 30" East 174.84 feet and North 15°
12' East 92.555 feet to the Northerly point of the last referred
to parcel of land; thence along the Northeasterly line of said
parcel, South 580 50' 20" East 121.220 feet; thence leaving the
Northeasterly line, South 00° 53' 21" East 155.70 feet to a
corner post in an existing wire fence; thence along said fence,
South 100 45' 19" East 35.055 feet, South 170 57' 36" West 47.993
feet, South 08° 42' 12" West 59.644 feet, South 030 05' 34" West
31.489 feet; thence leaving the fence, South 190 36' 39" West
23.838 feet, South 68° 44' 49" West 47.662 feet and South 620 50'
37" West 41.777 feet; thence along a circular curve to the left,
with last preceding course being tangent, with 'a radius of
150.527 feet, thru a central angle of 210 52' 1311, an arc length
of 57.457 feet; thence along a circular curve to the right,
having common tangent with the last preceding curve, with a
radius of 282.336 feet, thru a central angle of 170 211 52", an
CONTINUED
Legal Description
(continued)
arc length of 85.567 feet; thence South 690 18' 35" West 33.678
feet (this course is not tangent to the preceding curve) to a
point on the Westerly line of the lands of the School District
(673/201) which Westerly line is the Easterly line of the land
described in the Deed recorded March 28, 1969 in Book 2285 of
Official Records at Page 31, Maria County Records; thence along
said Easterly line, South 36° 58' West 170.00 feet to the
Northeasterly corner of the parcel described in the Deed to
Sanitary District No. 5 of Marin County, recorded September 13,
1962 in Book 1620 of Official Records at Page 280, Marin County
Records; thence leaving said Easterly line and along the
Northeasterly and Northwesterly lines of the last parcel, North
53° 02' West 15.00 feet and South 360 58' West 20.00 feet to a
point on the Northeasterly line of the parcel described in the
Deed to Sanitary District No. 5 of Marin County, recorded
December 20, 1961 in Book 1526 of Official Records at Page 322,
Marin County Records; thence leaving the Northwesterly line and
along the Northeasterly and Northwesterly lines of the last
parcel, North 53° f02' West 5.00 feet and South 360 58' West
40.15 feet to the Northeasterly line of Tiburon Boulevard; thence
along said Northeasterly line on a curve to the left, the center
of which bears South 36° 10' 04" West, with a radius of 1553
feet, thru a central angle of 09° 04' 0411, an arc length of
245.78 feet to the point of beginning.
PARCEL TWO:
An easement, appurtenant to Parcel One herein, for drainage and
sanitary sewers, utilities of all kinds, ingress and egress for
vehicles (including bicycles) and pedestrians, and for general
roadway and walkway purposes, 50 feet wide, 25 feet on each side
of the following described centerline:
Beginning at a point that is the Easterly corner of the parcel of
land granted to Reed Union School District, recorded December 29,
1950 in Book 673 of Official Records at Page 201, Marin County
Records; said Easterly corner being also an angle point with
adjacent courses bearing North 31° 09' 40" East and North 58° 50'
20" West; thence from the point of beginning, along the
Southeasterly line of said parcel which is also the Northwesterly
line of Lyford Drive, South 31° 09' 40" West 437.109 feet to the
true point of beginning; ;thence from the true point of
beginning, North 300 21' 12" West 54.159 feet; thence along a
circular curve to the right, the last preceding course being
tangent, with a radius of 100.00 feet, thru a central angle of
230 33' 441, an arc length of 41.124 feet; thence along the
tangent to the preceding curve, North 06° 47' 27" West 52.530
CONTINUED
Legal Description
(continued)
feet; thence along a circular curve to the left, the last
preceding course being tangent, with a radius of 60 feet, thru a
central angle of 44° 23' 40", arc length of 46.490 feet; thence
along the tangent to the preceding curse, North 510 11' 08" West
164.98 feet to the point of beginning.
"Transfer Property"
LEGAL DESCRIPTION
EXHIBIT "B"
A portion of Lot Two, the Lands of the Town of Tiburon, as shown
upon the parcel map entitled "Parcel Map Lands of Town of Tiburon",,
filed in Book 26 of Parcel Maps, Page 43, recorded December 11,
1997, County of Marin, California.
Said portion of the herein above referenced Lot Two described as
follows:
BEGINNING at the most southerly corner of said Lot Two, said corner
also being on the northerly right of way line of Tiburon Blvd.;
thence leaving said corner along said right of way line along a
circular curve to the left, the center of which bears South
36010104" West, with a radius of 1553.00 feet, through a central
angle of 6015'3911, an arc length of 169.70 feet to a point; thence
leaving said right of way line North 30041133" East, 56.77 feet;
North 8203711911 East, 57.66 feet to a point; thence from said point
along a circular curve to the left, the center of which bears North
14020131" East, with a radius of 222.00 feet, through a central
angle of 903710511, an arc length of 37.27 feet to a point; thence
from said point North 404312611 East, 17.00 feet to a point; thence
from said point along a circular curve to the left, the center of
which bears North 4043'26" East, with a radius of 205.00 feet,
through a central angle of 40431'2611. an arc length of 16.90 feet to
a point; thence from said point Due East, 92.00 feet to a point;
thence from said point along a circular curve to the left, the
center of which bears Due North, with a radius of 210.00 feet,
through a central angle of 16039'4411, an arc length of 61.07 feet
to a point on the common property line with the lands of Reed Union
School District as said lands are described in Book 673 of Official
Records, at Page 200, Marin County Records; thence along said
common property line South 36058' West, 164.66 feet to a point;
thence leaving said common property line North 53002' West, 15.00
feet; South 36058' West, 20.00 feet; North 53002' West, 5.00 feet;
South 36058' West, 40.15 feet to the POINT OF BEGINNING.
The area of the above described portion of Lot Two is 25,883 square
feet more or less.
TOGETHER WITH a slope easement for the benefit of the Town of
Tiburon along the most westerly lot line of the herein above
described portion of Lot Two more particularly described as
follows:
BEGINNING at the most westerly corner of the herein above described
portion of Lot Two said corner also being on the northerly right of
way line of Tiburon Blvd. thence leaving said corner and right of
way line along the westerly property line described above North
09-96-13.de5
11/97 CONTINUED
30041133" East, 56.77 feet, North 82037119" East, 9.25 feet to a
point; thence leaving said westerly lot line South 32046'57" West,
62.45 feet to a point on the northerly right of way line of Tiburon
Blvd.; thence along said right of way line along a circular curve
to the left, the center of which bears South 30005'29" West, with
a radius of 1553.00 feet, through a central angle of 001110411, an
arc length of 5.00 feet to the POINT OF BEGINNING of the described
slope easement.
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"Released Property"
LEGAL DESCRIPTION
EXHIBIT "C"
A portion of the Lands of the Town of Tiburon, Lot Two as shown
upon the parcel map entitled "Parcel Map Lands of Town of Tiburon",
filed in Book 26 of Parcel Maps, Page 43, recorded December 11,
1997, County of Marin, California.
Said portion of the herein above referenced Lot Two described as
follows:
BEGINNING at a point on the Northeasterly right of way line of
Tiburon Boulevard, the California State Highway from Belvedere
crossing to Tiburon, which point bears North 27006' East, 50.00
feet from Engineer's Station 229+24.69 on the centerline survey of
said highway and shown on the highway plans; thence from the point
of beginning North 62054' West, 49.77 feet; thence leaving said
Northeasterly right of way line along a circular curve to the right
the center of which bears North 270061 East, with a radius of 20.00
feet, through a central angle of 900001, an arc length of 31.42
feet to a point; thence from said point South 62054' East, 15.00
feet; North 27006' East, 36.14 feet; South 62054' East, 10.00 feet
to a point; thence from said point along a circular curve to the
right the center of which bears South 620541 East, with a radius of
355.00 feet, through a central angle of 7052'3211, an arc length of
48.80 feet to a point; thence from said point South 62030" East,
118.14 feet to a point; thence from said point along a circular
curve to the left the center of which bears North 270301 East, with
a radius of 200.00 feet, through a central angle of 2204613411, an
arc length of 79.50 feet to a point; thence from said point South
4043126" West, 22.00 feet to a point; thence from said point along
a circular curve to the right the center of which bears North
4043126" East, with a radius of 222.00 feet, through a central
angle of 903710511, an arc length of 37.27 feet to a point; thence
from said point South 82037119" West, 57.66 feet; South 30041'33"
West, 56.77 feet to a point on the Northeasterly right of way line
of Tiburon Boulevard; thence from said point along said right of
way line on a circular curve to the left the center of which bears
South 29054125" West, with a radius of 1553.00 feet, through a
central angle of 204812511, an arc length of 76.08 feet to the POINT
OF BEGINNING.
Containing 16,040 square feet more or less.
Prepared by:
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EXHIBIT "D"
Recording Requested by:
Diane Crane
Town Clerk of the Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
APN# 58-151-23 (portion)
GRANT DEED
The Town of Tiburon, a municipal corporation ("Grantor"), hereby grants to the
Reed Union School District all right, title and interest to the real property situated in the
Town of Tiburon, Marin County, California, which is more particularly described in Exhibit
"1" attached hereto and incorporated herein.
IN WITNESS WHEREOF, the Grantor has subscribed its name this day of
, 1997.
HARRY S. MATTHEWS, MAYOR
Town of Tiburon
EXHIBIT "E"
Recording Requested by:
Diane Crane
Town Clerk of the Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
APN# 58-151-23 (portion)
QUITCLAIM DEED
The Reed Union School District ("Grantor"), hereby quitclaims to the Town of
Tiburon, a municipal corporation, all right, title and interest which it may have in and to
the real property situated in the Town of Tiburon, Marin County, California, which is more
particularly described in Exhibit "A" attached hereto and incorporated herein.
IN WITNESS WHEREOF, the Grantor has subscribed its name this day of
, 1997.
Reed Union School District
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