HomeMy WebLinkAboutEasement 10-15-1996 (SASM/Library/Town)/b?- /y-9415
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:0V E 1990
TOWN MANAGEH' S OFFICE
TOWN OF 11BURON
AGREEMENT GRANTING ELECTRIC
FACILITY EASEMENT TO BELVEDERE-TIBURON
LIBRARY AGENCY
Agreement entered into by and between the Town of Tiburon ("Town"), Sewer Agency
of Southern Marin ("SASM") and Belvedere-Tiburon Library Agency ("Agency"), all of which
are public agencies of the State of California.
Recitals
A. Agency is the owner of a parcel of real property located in the County of Marin,
commonly known as 1501 Tiburon Blvd., Tiburon, CA and more particularly described in
Exhibit "A" which is attached to this Agreement and incorporated by reference.
The real property described to in this Recital is referred to as the "Agency Parcel" in this
Agreement.
B. Town is the owner of a parcel of real property located in the County of Marin,
commonly known as 1509 Tiburon Blvd., Tiburon, CA. and is more particularly described in
Exhibit "B" which is attached to this Agreement and incorporated by reference.
The real property described in this Recital is referred to as the "Town Parcel" in this
Agreement.
C. SASM is the owner of a non-exclusive perpetual easement and right of way which
traverses the Town Parcel. The easement was conveyed to SASM by an instrument entitled
"Grant Easement" which was recorded in Official Records of Marin County on June 22, 1983,
Recorder's Serial No. 83029400. The purposes of the easement and right of way include
installation, construction, reconstruction, removing, replacing, repairing, maintaining, operating
and using a pipe or pipelines for the transmission of wastewater and access to such facilities.
SASM's easement is more particularly described in the Grant Easement, and the portion which
is relevant to this Agreement is referred to as Permanent Easement SP-1. The legal description
of Permanent Easement SP-1 is attached to this Agreement as Exhibit "C" and incorporated by
reference (the "SASM Easement").
D. SASM has constructed and installed wastewater transmission facilities in the
SASM Easement which SASM maintains, operates and uses for purposes of its governmental
activities.
E. Agency desires to acquire a ten foot wide "Electric Facility Easement" which will
traverse both the Town Parcel and the SASM Easement. The proposed purposes of the Electric
Facility Easement are constructing and maintaining electrical facilities requested to serve
Agency's uses of the parcel referred to in Recital A above. The legal description of the
proposed Electric Facility Easement is contained in Exhibit "D" to this Agreement and is
incorporated by reference.
F. Subject to the provisions of this Agreement, Town is willing to grant to Agency
the Electric Facility Easement described and for the Purposes related in Recital E.
G. Subject to the provisions of this Agreement SASM is willing to consent to the
Town's grant of the Electric Facility Easement to Agency to the extent such grant will affect and
encroach upon the SASM Easement.
Terms and Conditions
In consideration of the foregoing Recitals and the following Terms and Conditions, the
parties mutually agree as follows:
1. Town grants to Agency the Electric Facility Easement for the purposes stated in
Recital E above and with a legal description as stated in Exhibit "D". The Electric Facility
Easement is appurtenant to Agency's Parcel, is permanent in duration, non-exclusive as to use
and subject to the rights reserved to Town and SASM as provided for in this Agreement.
2. SASM consents to Town's grant of the Electric Facility Easement to Agency as
specified in Section 1 above.
3. Agency's use of the Electric Facility Easement shall be subject to the following
limitations and restrictions:
(a) Town shall not be liable to Agency, SASM, or their officers, employees, agents,
or contractors for damages, whether for loss of or damage to property or injury to or
death of persons, which may arise out of any of Agency's use of or activities relating to
the Electrical Facility Easement. The foregoing shall include, but is not limited to, any
loss, damage or liability for damages or injury caused by or resulting from Agency's
disturbance of any hazardous materials on the property.
(b) SASM shall not be liable to Agency, Town, or their officers, employees, agents,
or contractors for damages, whether for loss of or damage to property or injury to or
death of persons, which may arise out of any of Agency's use of or activities relating to
the Electrical Facility Easement. The foregoing shall include, but is not limited to, any
loss, damage or liability for damages or injury caused by or resulting from Agency's
disturbance of any hazardous materials on the property.
(c) To the fullest extent permitted by law, Agency shall indemnify, defend and hold
harmless the Town and SASM against all costs, loss, damages, claims, liability and/or
expenses resulting from injuring to or death of any person, including, without limitation,
Town's or SASM's officers, employees, agents and contractors, or injury or damage to
property, arising in any manner from or relating to Agency's exercise of the use of
Electrical Facility Easement or other activities pursuant to this Agreement.
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(d) Agency shall require that any contractor retained to install or maintain
improvements in the Electrical Facility Easement shall include the Town and SASM as
additional insureds in all insurance policies maintained to cover liability arising from the
work.
(e) Town shall have the right to terminate the Electrical Facility Easement for the
public benefit upon giving six (6) months written notice to Agency. Upon such
termination, Agency shall relocate any facilities installed in the Electrical Facility
Easement pursuant to this Agreement at Agency's cost.
(f) Agency shall not make any uses of the Electric Facility Easement in, on, over or
in close proximity to the SASM Easement which in any way obstruct, inhibit or
otherwise interfere in any material respect with SASM's use of the SASM Easement or
which result in any cost or expense to SASM. The limitations and restrictions
established by this Subsection (f) apply not only to the use now being made by SASM
of the SASM Easement, but also to any future uses which SASM wishes to or does make
of the SASM Easement. If as a result of any present or future uses of the SASM
Easement by SASM, it becomes necessary to reconstruct, relocate, replace, repair or
maintain the Agency's facilities in, on, above or near the SASM Easement to
accommodate SASM's uses of the SASM Easement, any such reconstruction, relocation,
replacement, repair or maintenance shall be the obligation of Agency and not of SASM
and if after reasonable notice, or without notice in the event of an emergency, Agency
has not fulfilled its responsibilities in these respects, SASM may do so at Agency's
expense and for which Agency shall promptly reimburse SASM; provided, however, in
no case shall Agency be precluded by SASM's uses of the SASM Easement from
exercising the rights granted to Agency under this Agreement.
4. The rights and obligations created by this Agreement shall be binding upon and
insure to the benefit of the parties, their assigns and successors in interest.
5. This Agreement shall be executed in counterparts by the parties, one duplicate
original of which shall be in recordable form and Agency shall be entitled to record that copy
in Official Records of Marin County, California.
6. This Agreement shall become effective after it has been executed by all parties,
but the Agency Easement shall exist only as of the time the duplicate original of this Agreement
has been recorded.
As evidence of their Agreement, the parties have executed this instrument on the dates
shown beside their signatures.
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Town:
Dated: l0 , 1996
TOWN OF TIBURON
ayor T p _
Attest
Town. C Jerk
SASM:
Dated: Q 44 1996
SEWERAGE AGENCY OF
SOUTHER MARIN
By
D id A. Coe
Nyanager
4
Agency:
Dated: 6 -f- 5 , 1996
BELVEDERE-TIBURON
LIBRARY AGENCY
1
u
RY X
Chair, Board of Tr stees
Attest
Secretary/Clerk
State of California
County of AM A i ti
On 1Q_4 - 91o before me AMA!( It/. MEMO (here insert name and title of the
officer), personally appeared PA-0 i b ♦4 • C.DI , personally known to me (or
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) oil the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed this instrument.
WITNESS my hand and official seal.
. MARY H. HERR
Signature hk4'U4 V. (Seal) v cans. #102t305Ei
ARY PUBLIC CALIFORN
MARIN COUNTY
. Expires Apni 22 t gg~ a
5
State of California
County of 5AA1
~~Anf vas
On c1G'• ~i , ► q--'i before me )Fsw c C. k1A~6.Aj LQAhere insert name and title of the
officer), personally appeared k a6t4,4 aD a. gzcN , (or proved to me on
the basis of satisfactory evidence) to be the person(. whose name.( War* subscribed to the
within instrument and acknowledged to me that he/shek4tey executed the same in his/hertteir
authorized capacity(ies), and that by his/h4p4hek signatures} on the instrument the persorl(s~,
or the entity upon behalf of which the person- acted, executed this instrument.
WITNESS my hand and official seal. "*f
Signatur . Lh~1~4'6L
0
State of California
County of
On
LESLIE E. WAGENFELD
COMM. #1000488
NOTARY PUBLIC • CALIFORNIA e
SAN FRANCISCO COUNTY
(Seal) 1Comm. Expires Aug. 187 ,1997
before me
(here insert name and title of the
officer), personally appeared , personally known to me (or 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 this instrument.
WITNESS my hand and official seal.
Signature (Seal)
6
EXHIBIT "A"
A portion of land of the Town of Tiburon, said portion of land being all of the lands
conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, a
Municipal Corporation, by deed recorded March 19, 1986, as described in document
number 86014119 and a portion of the lands conveyed by Edward G. Zelinsky and
Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, be deed recorded
February 1, 1990, as described in document number 9006759, Marin County Records,
State of California, said land described as follows:
Beginning at the most northerly corner of said lands of the Town of Tiburon, document
number 86014119, said corner also being a point on the southerly right of way line of
Mar West Street; thence along the northeasterly property line of said lands of the Town
of Tiburon, South 65°47'32" East, 190.23 feet to a point common with said lands of the
Town of Tiburon, document number 9006759; thence leaving said point along the
northeasterly property line of said lands of the Town of Tiburon, document number
9006759 South 65°47'32" East, 69.51 feet to a point; thence leaving said northeasterly
property line South 36°25'08" West, 183.07 feet to a point on the southwesterly
property line of the lands of the Town of Tiburon, document number 9006759, said
point also being on the northeasterly right of way line of Tiburon Boulevard; thence
along said property and right of way line North 55°55'42" West, 68.00 feet to a point
common with said lands of the Town of Tiburon, document number 86014119; thence
leaving said point along said property of said lands of the Town of Tiburon, document
number 86014119 and right of way line North 55°55'42" West, 128.67 feet; North
53°39'39" West, 39.83 feet to a point; thence leaving said right of way line along the
westerly and northwesterly property line of the lands of the Town of Tiburon, document
number 86014119 and the southeasterly right of way line of Mar West Street North
6°37'04" West, 46.31 feet to a point; thence from said point along a circular curve to
the right the center of which bears South 48°47'32" East, with a radius of 975.00 feet,
through a central angle of 6004'34", an arc length of 103.40 feet to the point of
beginning.
Containing 41,512 square feet more or less.
EXHIBIT "B"
A portion of Parcel "A" as said parcel is shown on the map filed December 7, 1978, in
Book 15 of Parcel Maps, at Page 90, Marin County Records, State of California, said
portion described as follows:
Beginning at the most northerly corner of said Parcel "A" said corner also being a point
on the southerly right of way line of Mar West Street and a point on the southwesterly
line of Lot 10, as said lot is shown on the map filed February 16, 1984, in Volume 19 of
Maps, at Page 4, Marin County Records; thence along the northeasterly line of said
Parcel "A" and said southwesterly line of Lot 10, South 65°4732" East, 261.79 feet
(recorded South 65°22'40" East, 15 PM 90) to the True Point of Beginning;
thence from the True Point of Beginning, along said northeasterly line of Parcel "A" and
Southwesterly line of Lot 10, South 65°47'32" East, 114.50 feet to a point; thence
leaving said northeasterly and southwesterly lines, South 36°25'08" West, 203.05 feet
to a point on the northeasterly right of way line of Tiburon Boulevard; thence along said
northeasterly right of way line of Tiburon Boulevard, North 55°55'42" West, 112.00 feet
(recorded North 55°35' West, 15 PM 90) to a point; thence leaving said right of way
line, North 36°25'08" West, 183.42 feet to the True Point of Beginning.
Containing 21,624 square feet, more or less.
EXHIBIT "C"
8302940
REVISED
December 21, 1981
SEWERAGE AGENCY OF SOUTHERN MARIN
PROJECT UNIT III
Owner: Southern Pacific Development
Permanent Easement SP-1
That certain real property situate in the County of Marin, State of California, described as
follows:
Being a portion of the lands of Southern Pacific Railroad and more particularly described as
follows:
An easement for the construction and maintenance of sanitary sewer facilities over, on, or
under the following described real property:
All the lands of the Town of Tiburon within a strip of land 15 feet wide, lying 7.5 feet on each
side of the following described centerline:
COMMENCING at the intersection of the southwesterly right-of-way of Mar West Street with the
northerly property line of the lands of the Northwestern Pacific Railroad Company as shown on
that certain map entitled "Record of Survey of a portion of the rights-of-way of the streets known
as Mar West and Paradise Drive situated in the City of Tiburon, Marin County, California, as
described in Book 51 of Deeds at page 363 and Book 195 of Deeds at page 467, Marin County
Records," recorded in Book 11 of Surveys at page 27 of Official Records of Marin County; said
Point of Commencement also being distant South 72° 29'24" East 368.352 feet from the
intersection of the two courses North 72° 29'24" West 1304.37 feet and North 51 ° 39'27"
West 385.61 feet forming the northerly boundary of said lands of the Northwestern Pacific
Railroad Company; running thence from said Point of Commencement South 48° 34'52" East
180.10 feet to the TRUE POINT OF BEGINNING of the easement described herein; running
thence from said TRUE POINT OF BEGINNING North 58° 44'43" West 191.47 feet; North 72°
29'24" West 338.61 feet; North 50° 33'48" West 456.33 feet; North 40 03'23" East 175.35
feet; North 19 ° 30' 23" West 123.03 feet; North 58 ° 36' 12" West 172.91 feet; South 73 ° 10' 00"
West 360.00 feet; North 40° 27'45" West 75.00 feet; North 87° 57'45" West 75.00 feet; North
54° 14' 02" West 251.93 feet; South 61 ° 12' 28" West 68.54 feet more or less; to a point lying
7.5 feet northerly and at right angle to the southerly boundary of the lands of Northwestern
Pacific Railroad Company as shown on that certain map entitled, "Record of Survey, Lands of
Northwestern Pacific Railroad Company & Title Insurance & Trust Company et al, Tiburon,
Marin County, California," recorded in Volume 14 of Surveys, page 27, Marin County Records;
running thence parallel to said southerly boundary North 65° 47'32" West 1065.21 feet to the
terminus of said line.
Containing an area of 50,275 square feet, or 1.15 acres, more or less.
EXHIBIT "D"
An easement for the purposes of constructing and maintaining electric facilities over, under and
above a strip of land 10 feet wide, and lying 5 feet on either side of a centerline, said easement
being all of said strip lying within Lot 10, as said lot is shown on the map filed February 16,
1984, in volume 19 of Maps, at Page 4, Marin County Records, State of California.
The centerline of said strip being described as follows;
beginning at the most northerly property corner of Parcel "A" as said parcel is shown on the
map filed December 7, 1978, in Book 15 of Parcel Maps, at Page 90, Marin County Records,
State of California, said corner also being a point on the southerly right of way line of Mar West
Street and a point on the southwesterly property line of Lot 10, as said lot is shown on the map
filed February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records; thence
leaving said right of way line, along the northeasterly property line of said Parcel "A" and said
southwesterly property line of Lot 10, South 65°47'32" East, 10.00 feet (recorded South
65°22'40" East, 15 PM 90) to the True Point of Beginning of the herein described centerline;
thence from the True Point of Beginning, leaving said northeasterly property line of Parcel W
and southwesterly property line of Lot 10 on a curve to the right, the center of which bears
South 33°02'22" East, with a radius of 160.00 feet, through a central angle of 26°51'27", an arc
length of 75.00 feet to the point of termination.
The side lines of the above described strip of land shall be prolonged or shortened so as to
terminate in a line bearing South 65°47'32" East through the True Point of Beginning and a line
bearing North 6°10'55" West through said Point of Termination.
Recording Requested by:
Tiburon Town Clerk
1155 Tiburon Boulevard
Tiburon, CA 94920
RESOLUTION NO. 3183
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE GRANT OF AN
EASEMENT TO THE BELVEDERE-TIBURON LIBRARY
AGENCY
WHEREAS, the Belvedere-Tiburon Library Agency is a joint powers agency created by the
Town of Tiburon and the City of Belvedere for the purpose of constructing and operating a new
public library; and
WHEREAS, the site of the new library is adjacent to property owned by the Town and
currently under development for a new Town Hall ("Town Hall Site"); and
WHEREAS, the Belvedere-Tiburon Library Agency has requested an easement across the
Town Hall Site for installation and maintenance of electrical facilities, said easement being more
particularly described in the attached exhibit to this resolution; and
WHEREAS, the proposed easement would traverse a non-exclusive easement presently held
by the Sewerage Agency of Southern Marin ("SASM") and SASM has agreed to share its easement
with the Belvedere-Tiburon Library Agency; and
WHEREAS, the construction and operation of the new library will benefit the residents of
Tiburon.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that
the Agreement Granting Electric Facility Easement to the Belvedere-Tiburon Library Agency
attached as an exhibit to this resolution is hereby approved and the Mayor is authorized to execute
said agreement and all documents necessary to implement said agreement.
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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on September 18, 1996 by the following vote:
AYES: COUNCILMEMBERS. Ginalski, Hennessy, Thayer, Thompson, Wolf
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
L
DIANt CRANE, TOWN CLERK
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