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HomeMy WebLinkAboutTC Res 2010-04-21 (2)RESOLUTION NO. 20-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TOWN MANAGER TO EXECUTE DOCUMENTS QUITCLAIMING THE TOWN'S EASEMENT OVER 444 GREENWOOD BEACH ROAD, TIBURON, CALIFORNIA TO NANCY E. PETERSON AND GREGORY E. MOORE WHEREAS, the Town Council of the Town of Tiburon does resolve as follow: Section 1. Recitals of Fact: On May 17, 2000, the Town entered into an agreement with the owners of 442, 444, 448 and 458 Greenwood Beach Road regarding the improvement of the then-existing drainage system. 2 Part of the project involved removing a pipe within a Town-owned easement that traverses No. 444 Greenwood Beach Road and replacing it with a pipe to be located on public land. The Town agreed to quitclaim the Town easement to the owners of 444 Greenwood Beach Road upon completion of the project. 3 The project is now complete and accordingly, the owners of 444 Greenwood Beach Road, Nancy E. Peterson and Gregory E. Moore, have requested that the Town execute and record the quitclaim of the Town easement. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Manager is authorized to execute all documents necessary to accomplish the quitclaim of the Town easement across 444 Greenwood Beach Road to the owners of said property, including, without limitation, the quitclaim deed attached to this Resolution as Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 21, 2010 by the following vote: AYES: Collins, Fraser, Fredericks, O'Donnell NOES: None ABSENT: Slavitz RICHARD COLLINS, MAYOR Town of Tiburon ATTEST: t DIANE CRANE IACOPI, WN CLERK RECORDING REQUESTED BY KEEGIN HARRISON SCHOPPERT SMITH & KARNER LLP WHEN RECORDED MAIL TO: Mr. Gregory E. Moore Ms. Nancy E. Peterson 444 Greenwood Beach Road Tiburon, California 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE QUITCLAIM DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 (Property interest <$100) ( ) computed on full value of property conveyed, or ( ) computed on full value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) Town of Tiburon ( X ) Realty not sold. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, TOWN OF TIBURON, a public body corporate and politic, hereby remises, releases, and forever quitclaims all of its right, title and interest, if any, to GREGORY E. MOORE and NANCY E. PETERSON, husband and wife, as community property, that property in the City of Tiburon, County of Marin, State of California, described as: See Exhibit A attached (Commonly known as 444 Greenwood Beach Road, Tiburon, County of Marin, California) A.P.N. 055-031-29 Mail tax statements to: Mr. Grego E. Moore and Ms. Nancy E. Peterson, 444 Greenwood Beach Road, Tiburon, California 94920 Date: /7 , 2010 TOWN OF TIBURON STATE OF CALIFORNIA ) COUNTY OF MARIN 1 On A1Zi, 2010 before me, 1 f A NotaryPublic, personally . geared '1 1(/'c T . who proved to me on the basis of satisfactory evidence to be the pers ns whose names ale subscribed to the within instrument and acknowledged to me that t executed the same in t authorized capacitip and that by tl 'signatures on the instrument the persons, or the entity(400 on behalf of which the persons acted, executed the instrument. By: CSC-~----- Its: Tt-u ,/---1 I certify under PENALTY OF PERJURY under the laws of the State of California that DIANE CRANE IACOPI the foregoing paragraph is true and correct. COMW5510n V 1840513 Notary Pone - California Witne hA d c~.ifficial s Le MI orin County ` Comm. E n Mar 15, 2013 -4 Notary Public MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT A Legal Description The real property and improvements commonly known as 444 Greenwood Beach Road, County of Marin, California, and more particularly described as follows: The land referred to in this Report is situated in the Count of Marin, Town of Tiburon, State of California, and is described as follows: PARCEL ONE: BEGINNING at the intersection of the Southerly line of the State Highway with the Easterly line of Lot 15, as shown upon that certain Map entitled, "Greenwood Beach", filed April 13, 1937 in Book 5 of Maps at Page 70, Marin County Records; running thence Westerly along the Southerly line of said State Highway 57.10 feet; thence leaving said Highway and running South 33° 30' East 88.50 feet to the Southerly line of said Lot 15; running thence North 72 East 37.67 feet to the Southeasterly corner of said Lot 15; running thence North 25° 09' 30" West 119.46 feet to the point of beginning. PARCEL TWO: LOT 16, as shown upon that certain Map entitled, "Greenwood Beach, Rancho Corte Madera Del Presidio, Marin County, California" filed April 13, 1937 in Book 5 of Maps at Page 70, Marin County Records. - EXCEPTING from said Lot 16 a strip of land having a uniform width of 6 feet, lying Westerly of and adjacent to the Easterly line of said Lot 16. ALSO EXCEPTING from Parcels One and Two above described, the following: COMMENCING at the Northeasterly corner of the parcel of land described in Parcel Two in the Deed to Fredrick Mason Parke, et ux, recorded July 2, 1951 in Book 700 at Page 129, Official Records of Marin County; thence along the Easterly line of said parcel South 24° 33' 43" East 25.74 feet; thence from a tangent that bears South 68° 03' 32" West along a curve to the left with a radius of 761.00 feet, through an angle of 0 54' 14", an arc distance of 12.01 feet to a point of compound curvature; thence along a tangent curve to the left with a radius of 173.00 feet, through an angle of 17° 38' 41", an arc distance of 53.28 feet to the Northerly line of Parcel 1, as described in said deed, last said line being also the Southerly line of the existing State Highway from Alto to Tiburon; thence along the Northerly line of said Parcels One and Two, from a tangent that bears North 37° 04' 58" East, along a curve to the right with a radius of 969.93 feet, through an angle of 4° 15' 31 an arc distance of 72.09 feet to the point of commencement. A.P.N. 055-031-29