HomeMy WebLinkAboutTC Res 2010-06-02 (5)RESOLUTION NO. 28-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING AN OFFER OF DEDICATION FROM THE WAYNE FAMILY FOR A
PUBLIC RECREATIONAL EASEMENT OVER HACIENDA DRIVE FROM
APPROXIMATELY 116 HACIENDA DRIVE TO A SET OF STONE PILLARS
LOCATED BEYOND 139 HACIENDA DRIVE
WHEREAS, on May 5, 2009 the Town of Tiburon and the Wayne family entered
into a Settlement Agreement and Release of Claims (hereinafter "Agreement"), resolving
litigation between the Town and Wayne family regarding public access over portions of
Hacienda Drive; and
WHEREAS, Exhibit A to said Agreement consisted of an Offer of Dedication of
Easement executed by the Wayne family and accepted by the Town, and to be recorded
subject to fulfillment of certain actions by the Town and the Wayne family.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby accepts the offer of dedication of easement, attached
hereto as Exhibit 1 and incorporated herein and authorizes the Town Manager to execute
such documents as are necessary and appropriate to document said acceptance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on June 2, 2010 by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell & Slavitz
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
None
Collins
i
J TIFAT F;
ATTEST:
DIANE CRANE IACOPI, OWN CLERK
CTING MAYOR
.ON
Tiburon Town Council Resolution No. 28-2010 June 2, 2010
EXHIBIT 1
Recording Requested by:
Town Clerk of the Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
OFFER OF DEDICATION OF EASEMENT
Victoria P. Wayne, Trustee of the Victoria P. Wayne Living Trust, Jeffrey J. Wayne, and
Robert H. Wayne, Jr., ("Grantors"), the owners of real property described on attached Exhibit
"A-1" attached hereto and incorporate herein and graphically depicted on attached. Exhibit
"A-2", attached hereto and incorporated herein, which property is also described as the
portion of Hacienda Drive between 117 Hacienda Drive and 139 Drive, hereby offer to
dedicate to the Town of Tiburon, a municipal corporation, an easement for public
recreational purposes over said real property described in Exhibits A-1 and A-2.
I ITNE WHEREOF, the Grantors have subscribed their names this 3~6 day
of , 2009.
GRANTORS:
Victoria P. Wayne Living Trust
Victoria P. Wayne, Trustee
vy
Jeffre J. Wa ne
L4~ Al
Robert H. Wayne, Jr.
1892130.1
STATE OF CALIFORNIA
COUNTY OF MARIN
On ~ !;0 , 2009 before me,
11 ,
u~~I LsC) , Notary Public, personally appeared Victoria P.
Wayne, who 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 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand a icial seal.
Signature (seal)
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1892130.1
STATE OF CALIFORNIA
COUNTY OF MARIN
n H,-:;(D , 2009 before me,
1177) t\j , Notary Public, personally appeared Jeffrey J.
Wayne, who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) islare 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 certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand an icial seal.
Signature (seal)
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C'un,rn, Expires Aug 10, 2009
1892130.1
STATE OF CALIFORNIA
COUNTY OF MARIN
On 2009 before me
A -T::t CL f eA , Notary Public, personally appeared Robert H.
Wayne, Jr., who-proved to me on the basis of satisfactory evidence to be the persong
whose name, is/afe-subscribed to the within instrument and acknowledged to me that
.he/sheAhey executed the same in his/hefi°reir authorized capacity(.i@&r , and that by
his/he#their signatures on the instrument the person(<or the entity upon behalf of
which the personjey acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness rpy hand and of;cial seal.
14/ 0
Signature (seal)
JORDAN RIOBERT rNITCHELLL
Commission # 1585491
y Notary Publlc - California
Miarin County
~snay Comm. Expires Jun 6, 2009
1892130.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the foregoing Offer
of Dedication of an easement for public recreational purposes, dated
, 2009 from Victoria P. Wayne, Trustee of the Victoria P. Wayne
Living Trust, Jeffrey J. Wayne, and Robert H. Wayne, Jr., to the Town of Tiburon, State
of California, is hereby accepted by the undersigned officer on behalf of the Town of
Tiburon pursuant to authority conferred by resolution of Town Counsel of the Town of
Tiburon entitled Resolution No. , and the grantee consents to recordation
thereof by its duly authorized officer or representative.
TOWN OF TIBURON
By:
Name.
Title:
Date: , 2010
ATTEST:
By:
Name:
Title:
r
1892130.]
R
E
RENNER SURVEYING £y ENGINEERING, INC.,
EXHIBIT A-1
LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE TOWN OF TIBURON, COUNTY OF
MARIN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
AN EASEMENT FOR PUBLIC RECREATIONAL PURPOSES OVER A 50 FOOT STRIP OF
LAND WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL THREE AS DESCRIBED IN THE DEED FROM JEFFERY J.
WAYNE, AN UNMARRIED MAN TO VICTORIA P. WAYNE, AS TRUSTEE OF THE VICTORIA
P. WAYNE LIVING TRUST, ET.AL., RECORDED MAY 8, 2006 AS DOCUMENT NUMBER 2006-
029128, MARIN COUNTY RECORDS, WHICH LIES BETWEEN (POINT A)THE NORTHERLY
EXTREMITY OF THE COURSE HAVING A RADIUS OF 190 FEET AND A LENGTH OF 127.39
FEET AS DESCRIBED IN THE DEED FROM WARREN L. BOSTICK ET. UX. TO CHESTER
BOWLES JR., ET.UX., RECORDED MARCH 28, 1958 IN BOOK 1180 OF OFFICIAL RECORDS
AT PAGE 160, MARIN COUNTY RECORDS AND (POINT B) 12.00 SOUTHEASTERLY OF THE
EXTENTION OF THE NORTHWESTERLY LINE OF THE LANDS DESCRIBED IN THE DEED
FROM IRVING RABIN AND VARDA RABIN, HUSBAND AND WIFE, TO IRVING RABIN AND
VARDA RABIN, TRUSTEE U/T/A DTD. JUNE 18, 1992, RECORDED SEPTEMBER 16, 1992 AS
DOCUMENT NUMBER 92-072884, MARIN COUNTY RECORDS.
CONTAINING: 38,232.91 SQ. FT., MORE OR LESS
End of Description
228 LORTON AVENUE, SUITE 3 3554 ROUND BARN BLVD. SUITE 312 2125 OAK GROVE ROAD, SUITE 205
BURLINGAME, CALIFORNIA 94010 SANTA ROSA, CALIFORNIA 95403 WALNUT CREEK, CALIFORNIA 94598
650.685.8131 707.569.9757 925.855.8300
FAX: 650.685.8313 FAX: 7079569.9762 FAX: 925.93890366
(POINT A) N87'1 8'56"W _
50,00'
n -
i R=190.00'
L=127.39'
D=38'24'59"
NO APN ASSIGNED
♦ DOC.NO: 06-029128
\ PARCEL THREE
Iro
` (POINT B)
IRVING RABIN TRUST
R=414.83'
L=89.77' _
D=12'23'56" -
S45'17'56"E STONE
12.00' ILLARS
N44'42'04"E
50.00'
0 50 100 200 A-2
EXHIBIT
PUBLIC RECREATIONAL EASEMENT
QROFESS/ 1 inch = 100 ft. R ON THE LANDS OF WAYNE
O
ADRIVE
q PORTION ~F OF TIBURON
MARIN CO. CALIFORNIA
w o. 20046 m
SCALE: 1" = 100' APRIL 21, 2009
;u RENNER SURVEYING &
* /30/09 * ENGINEERING INC.
3554 ROUND BARN BLVD., SUITE 312
~q'A C~ V ~L SANTA ROSA, CA. 95403
F OF CAL~F~ PHONE: (707) 569-9757 FAX: (707) 569-9762
StIRWY BY SW PLAT BY : O, R. 2601-04