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Home My WebLink AboutTC Res 2011-12-07 (2)RESOLUTION NO. 58-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A PEDESTRIAN PASSAGE EASEMENT OVER PROPERTY LOCATED AT 9 MAIN STREET (ASSESSOR PARCEL NUMBER 059-151-40) WHEREAS, in 1977 the Town of Tiburon ("Town") accepted an easement for public pedestrian passage purposes over a portion of the property (Property") located at 9 Main Street, said Property being described in attached Exhibit A, from the owners of the property ("Owner"). Said easement was granted by Grant Deed from the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 (6'1977 Easement"); and WHEREAS, shortly thereafter the Town constructed the Allan Thompson Bridge, a pedestrian access way that utilized portions of the 1977 Easement to enhance public access to the ferry terminal located on adjoining property at 5 Main Street; and WHEREAS, in 2000 the Town embarked on the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the Project was to further improve access to the ferry terminal located at 5 Main Street, particularly for persons with mobility problems. The Project was intended to construct a new public walkway that would relocate and replace the existing Allan Thompson Bridge, and extend it across the Property. A portion of the walkway was designed in such a manner as to render a portion of the public access granted under the 1977 Easement over the Property obsolete and of no further public purpose; and WHEREAS, on June 13, 2001, the Town and Owner entered into an agreement entitled "Grant of Easement and Agreement", recorded in the Official Records of Marin County as Serial Number 2002-0030199 on April 15, 2002 ("2001 Easement"). The 2001 Easement conveyed to the Town the rights necessary to construct the new walkway and amended certain portions and provisions of the 1977 Easement. Paragraph No. 6 of the 2001 Easement states that following completion of the Project the Town would re- convey the obsolete portion ("Obsolete Portion") of the 1977 Easement to the Owner. WHEREAS, the 2001 Easement effectively relocated the Obsolete Portion, rendering it excess. To implement the provisions of Paragraph 6 of the 2001 Easement, the Town wishes to formally vacate its easement on the Obsolete Portion pursuant to California Streets and Highways Code, chapter 4, division 9, part 3, Chapter 4. The Obsolete Portion is physically part of the lower floor outdoor dining and seating area of the restaurant that is currently located at 9 Main Street, and is a portion of Exhibit "C" to the 1977 Easement. There are no public facilities in the obsolete portion. Tiburon Town Council Resolution No. 58-2011 1210712011 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon does hereby vacate, abandon and extinguish the rights for pedestrian passage purposes over that portion of the Property at 9 Main Street as particularly described in attached Exhibit B and as graphically depicted for illustrative purposes only on attached Exhibit C, which exhibits are attached hereto and incorporated hereby by reference. BE IT FURTHER RESOLVED that the Town Council directs the Town Clerk to record this Resolution and its attachments with the Office of County Recorder. From and after the date this Resolution is recorded, the Obsolete Portion shall no longer constitute a public service easement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 7, 2011 by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS: None r n Z. JE ~AVITZ, TO OF TIBE ATTEST-,-) DIANE CRANE IACOPI, TOWN CLERK Exhibits: A. Legal Description of Property (9 Main Street) B. Legal Description of Obsolete Public Pedestrian Passage Easement Portion being Abandoned C. Drawing Depicting Area of Obsolete Public Pedestrian Passage Easement Portion being Abandoned SAAdministration\Town Council\Resolutions\9 Main St easement abandon reso.doc Tiburon Town Council Resolution No. 58-2011 1210712011 2 IIIIIIIIIIHnIIIINIIIIIIIIiIIa aO1 a-0004 S&a Recorded Official Records County of Marin RICHARD N. BENSON Assessor-Recorder County Clerk 10:46AN 24-Jan-2012 REC FEE 0.00 a Page 1 of 6 AP# 059-151-40 No Fee. 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 RESOLUTION ABANDONING A PORTION OF A PEDESTRIAN PASSAGE EASEMENT OVER PROPERTY LOCATED AT 9 MAIN STREET, TIBURON RESOLUTION NO. 58-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A PEDESTR.IAN'PASSAGE EASEMENT OVER PROPERTY LOCATED AT 9 MAIN STREET (ASSESSOR PARCEL NUMBER 059-151-40) WHEREAS, in 1977 the Town of Tiburon ("Town") accepted an easement for public pedestrian passage purposes over a portion of the property (Property") located at 9 Main Street, said Property being described in attached Exhibit A, from the owners of the property ("Owner"). Said easement was granted by Grant Deed from the Fred and Juanita Zelinsky Trust dated April 20, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 ("1977 Easement"); and WHEREAS, shortly thereafter the Town constructed the Allan Thompson Bridge, a pedestrian access way that utilized portions of the 1977 Easement to enhance public access to the ferry terminal located on adjoining property at 5 Main Street; and WHEREAS, in 2000 the Town embarked on the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the Project was to further improve access to the ferry terminal located at 5 Main Street, particularly for persons with mobility problems. The Project was intended to construct a new public walkway that would relocate and replace the existing Allan Thompson Bridge, and extend it across the Property. A portion of the walkway was designed in such a manner as to render a portion of the public access granted under the 1977 Easement over the Property obsolete and of no further public purpose; and WHEREAS, on June 13, 2001, the Town and Owner entered into an agreement entitled "Grant of Easement and Agreement", recorded in the Official Records of Marin County as Serial Number 2002-0030199 on April 15, 2002 ("2001 Easement"). The 2001 Easement conveyed to the Town the rights necessary to construct the new walkway and amended certain portions and provisions of the 1977 Easement. Paragraph No. 6 of the 2001 Easement states that following completion of the Project the Town would re- convey the obsolete portion ("Obsolete Portion") of the 1977 Easement to the Owner. WHEREAS, the 2001 Easement effectively relocated the Obsolete Portion, rendering it excess. To implement the provisions of Paragraph 6 of the 2001 Easement, the Town wishes to formally vacate its easement on the Obsolete Portion pursuant to California Streets and Highways Code, chapter 4, division 9, part 3, Chapter 4. The Obsolete Portion is physically part of the lower floor outdoor dining and seating area of the restaurant that is currently located at 9 Main Street, and is a portion of Exhibit "C" to the 1977 Easement. There are no public facilities in the obsolete portion. Tiburon Town Council Resolution No. 58-2011 1210712011 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon does hereby vacate, abandon and extinguish the rights for pedestrian passage purposes over that portion of the Property at 9 Main Street as particularly described in attached Exhibit B and as graphically depicted for illustrative purposes only on attached Exhibit C, which exhibits are attached hereto and incorporated hereby by reference. BE IT FURTHER RESOLVED that the Town Council directs the Town Clerk to record this Resolution and its attachments with the Office of County Recorder. From and after the date this Resolution is recorded, the Obsolete Portion shall no longer constitute a public service easement. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 7, 2011 by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz NOES: COUNCILMEMBERS : None ATTEST- 0 DIANE CRANE IACOPI, TOWN CLERK Exhibits: H UE AN C D G T! URON TOW. LEKK A. Legal Description of Property (9 Main Street) B. Legal Description of Obsolete Public Pedestrian Passage Easement Portion being Abandoned C. Drawing Depicting Area of Obsolete Public Pedestrian Passage Easement Portion being Abandoned SAAdministration\Town Council\Resolutions\9 Main St easement abandon reso.doc Tiburon Town Council Resolution No. 58-2011 1210712011 EXHIBIT A LEGAL DESCRIPTION FOR 9 MAIN STREET APN 59-151-40 ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of California, described below as follows: PARCEL ONE: Beginning at the most Westerly corner of the parcel of land described in the Deed from Northwestern Pacific Railroad Company, a corporation to August C. J. Oldag, et ux, recorded January 7, 1941 in Book 408 of Official Records at Page 117, Marin County Records; thence running. along the Easterly extension of the Southerly line of the County Road, as determined by Decree of Court in the Action of Sydney L. Plant vs. County of Marin (Case No. 48 10), as referred to in said Deed, North 70° 10' 30" East 43.19 feet to a point which bears South 70° 10' 30" West 80.0 feet from the most Northerly corner of the parcel of land described in said Deed; thence leaving said line and running South 19° 49' 30" East 282.74 feet to a point on the Southwesterly line of the parcel of land described in said Deed; thence running along said line, North 56° 54' West 72.615 feet to an angle point therein; thence running along the Westerly line thereof, North 19° 49' 30" West 212.0 feet to an angle point ;thence continuing along said Westerly line, North 17° 12" West 12.82 feet to the point of beginning. EXHIBIT B LEGAL DESCRIPTION OF OBSOLETE PORTION BEING ABANDONED All that portion of property described in Exhibit "C" in the Deed from the Frederick and Juanita Zelinsky Trust to the City of Tiburon recorded in Book 3195 of Official Records at Page 172, Marin County Records, described as follows: COMMENCING at the Northeasterly corner of Parcel One as described in the Grant Deed from Varney to Zelinsky recorded on August 3, 1961, in Book 1485, at Page 470, Marin County Records, said corner being on the Southerly right of way line of Main Street; Thence along the Northerly property line of said parcel and said Southerly right of way line, South 68° 43' 02" West (South 70 ° 10' 30" West per deed) 43.19 feet to the Northwesterly corner of said parcel; Thence, leaving Northerly property line and said right of way line, along the Westerly property line of said Parcel One, South 18 ° 39' 28" East (South 17 ° 12' East per deed), 12.82 feet; Thence South 21 ° 16' 58" East (South 19 ° 49' 30" East per deed) 162.1 feet to the intersection of said Westerly property line with the Southerly limit of an existing deck; Thence leaving said Westerly line along said Southerly limit, North 68 ° 43' 02" East (North 70 ° 10'30" East per deed), 10.23 feet, to the TRUE POINT OF BEGINNING; Thence continuing along said line and bearing, 33.52 feet to the Easterly property line of said Parcel One; Thence along said Easterly property line, North 21 ° 16' 58" West (North 19 ° 49' 30" West per deed), 11 feet, more or less, to the intersection of said Easterly property line with the Westerly extension of the Southerly limit of an existing overhead deck; Thence leaving said Easterly property line, along said extension and the Southerly limit of the overhead deck, South 68 ° 43' 02" West (South 70 ° 10' 30" West per deed), 33.52 feet to the Southwest corner of said overhead deck, said corner also being on the Southerly extension of the Westerly outside face of an existing building; Thence along said extension and said Westerly outside face, being 10.23 feet, more or less, distant from and parallel with the Westerly property line of said Parcel One, South 21 ° 16' 58" East, 11 feet, more or less, to the POINT OF BEGINNING. LL S+CHWARTZ A.MI ES, INC. Civil Engineering & Land Surveying 79 Galli Drive NOVATO, CA 94949 (415) 883-9200 FAX 883-2763 BO.00' PO/NT OF GOMkfLNGFM,EvT F4RGFL TNO EXHIBIT C Area of Public Pedestrian Passage Easement to be Abandoned NOR17/E,gST~I Y GORNFR OF FARGEL O/~/E - ,2EFD FROM V AI ll' er TO ZEL/N5 /483 OR 470 MAIN NORTHEA57FI2L Y GpJ~R OF PARGEI 77 yp -pip QOM Iif1RNEY TO ZEL/NSKy STWEET1405 OR 470 ~ N 60 W3 02" F 1 -3 /9' ty 9 MAIN STREET I ` I I ZELINSKY I 1997- 1 ~ w I I I v TRITE POINT OF BEGINNING PARCEL TIIO P CEL T1T0 Obsolete Easement Area to Be Abandoned ET AL 0003365 JOB TIBURON FERRY PLAZA - QUITCLAIM ESMT JOB NO_ 6940 - E9904 SHEET NO. 1 OF 1 DESIGN BY JRH DATE 09/10/01 CHECKED BY ILS DATE 09/10/01 SCALE 1"= 20' POINT OF " cOMMENGEMENT 5 MAIN STREET TRUE POINT OF I Al trp BEGINNING { PARCEL THREE I I I I Fx~srr~s 8•. 08 °4.302"~ 80.Q0' ~ o I I w ry TRUE POINT OF BEGINNING ZCEL ONE 5 68 °43 02" {N /60.00' E "577N6, EA-5514!9VT r, L /NE TA3LE. 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