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Home My WebLink About2010-11-10 (Wayne/ Hacienda Drive)111 III I IIIIIIII IIIIIIIIIIIIII If Ad y r _ T C. y a_.i;.~.1~ tL''' •Sv a it Hacienda Drive (portion) and Assessor Parcel No. 039-271-28 This document is for the benefit of the Town of Tiburon Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 OFFER OF DEDICATION OF PUBLIC RECREATIONAL EASEMENT (with Resolution of Acceptance Attached) • 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. 1 ITNE WHEREOF, the Grantors have subscribed their names this 3~ day of ~ , 2009. GRANTORS: Victoria P. Wayne Living Trust Victoria P. Wayne, Trustee Jeffre J. Wa ne A 4~ 141 Robert H. Wayne, Jr. 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN On , 2009 before me, r ► l rv , 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) W f c'ie~l 0 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN On H " -:;~D , 2009 before me, 117-1 T r Ili , 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) 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 an icial seal. Signature _ (seal) • 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN _ On ~ , 2009 before me r lc~ vx e.V , Notary Public, personally appeared Robert H. Wayne, Jr., who proved to me on the basis of satisfactory evidence to be the person(rs'j whose name, is/are-subscribed to the within instrument and acknowledged to me that he/shaAey executed the same in his/he# teir authorized capacity(i"), and that by his/heFAHeir signature(g) on the instrument the person or the entity upon behalf of which the personf oyacted, 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 hand and offcial seal. Signature (seal) a. .1~'it-'i ?°4.,P?ALL Ccrrnni Dior, # 1585,191 California 7. o Maf .ry County Expires Jun 6, 2C 1892130.1 R ~ RENNER SURVEYING 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 PROF S/ Nq< NN F w No. 46 m tr ~ * 9/30/09 CIV1~- ~P qTF OF 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 9259855.8300 FAX: 650.685.8313 FAX: 7079569.9762 FAX: 925.938.0366 (POINT A) N87'18'56"W 50.00' n i R=190.00' L=127.39' D=38'24'59" F , • LANDS OF WAYNE NO APN ASSIGNED DOC.NO: 06-029128 \ PARCEL THREE d~ \S (POINT B) IRVING RABIN TRUST R=414.83' L=89.77' D=12'23'56" S45'1 7'56"E ~ STONE 12.00' ~ ~LLARS N44'42'04"E 50.00' 0 50 100 200 EXHIBIT A-2 PUBLIC RECREATIONAL EASEMENT 1 inch = 100 ft. R ON THE LANDS OF WAYNE QROFESS~ PORTION OF HACIENDA DRIVE EN Fti TOWN OF TIBURON 'P 2 MARIN CO. CALIFORNIA o. 20046 w m SCALE: 1" = 100' APRIL 21, 2009 RENNER SURVEYING & * /30/09 * ENGINEERING INC. 3554 ROUND BARN BLVD., SUITE 312 C~ V 1\- SANTA ROSA, CA. 95403 F OF CAL~F~ PHONE: (707) 569-9757 FAX: (707) 569-9762 SURkFY BY SW PLAT RY AIR 2601-04 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: NOES: COUNCILMEMBERS: • ABSENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell & Slavitz None ATTEST: i ~L/ Z ,C DIANE CRANE IACOPI, OWN CLERK Collins J F ~AVIrf ACTING MAYOR T 'Wi O, XB URP N Tiburon Town Council Resolution No. 28-2010 June 2, 2010 1 EXHIBIT 1 Recording Requested by: r 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. 1 ITNE WHEREOF, the Grantors have subscribed their names this 5~-6 day of , 2009. GRANTORS: Victoria P. Wayne Living Trust Victoria P. Wayne, Trustee 1 Jeffre J. Wa ne A - - h . - Robert H. Wayne, Jr. 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN On 2009 before me, 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 I'ficial seal. Signature (seal) --62 t Ti. ~ r rv€,~ ^omrri. 7 t~, 20C9 • 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN on , 2009 before me, ►~T"\ , 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) 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 an icial seal. Signature (seal) t•iI; No! C it 1892130.1 STATE OF CALIFORNIA COUNTY OF MARIN On Mct 2009 before me o r v ' ; e.~ , Notary Public, personally appeared Robert H. Wayne, Jr., who proved to me on the basis of satisfactory evidence to be the person(4 whose nameW is/afe-subscribed to the within instrument and acknowledged to me that .helshaAe r executed the same in his/he4heir authorized capacity(ias}, and that by his/he the r signatureK on the instrument the personks), or the entity upon behalf of which the personj-q '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 off'cial seal. Signature (seal) Ftr;/',I. IL:DBERT PIOT HEEL Commission 158591 ~4 Notary PUblio - California Morin County n11v Comm. Expires Jun b, 2009 0 1892130.1 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: 925.938.0366 2 \LLARS 12.00' N44'42'04"E 50.00' 0 50 100 200 A-2 EXHIBIT PUBLIC RECREATIONAL EASEMENT 1 inch = 100 ft. R ON THE LANDS OF WAYNE PORTION OF HACIENDA DRIVE TOWN OF TIBURON MARIN CO. CALIFORNIA SCALE: 1" = 100' APRIL 21, 2009 RENNER SURVEYING & ENGINEERING INC. 3554 ROUND BARN BLVD., SUITE 312 SANTA ROSA, CA. 95403 PHONE: (707) 569-9757 FAX: (707) 569-9762 Sl/RVFY BY SW PLAT BY 0,1R. 2601-04