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HomeMy WebLinkAbout2012-01-24 (Main Street Properties)i~ aO 1 a l2 004c3aa Recorded official Rec:' ; J County of hoar i n RICHARD N. BENSON Assessor-Recorder County Clerk 10:46AM 24-Jan-2012 REC FEE d. im a Paae I of 6 AP# 059-151-41 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 5 MAIN STREET, TIBURON RESOLUTION N0.57-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A PEDESTRIAN PASSAGE EASEMENT OVER PROPERTY LOCATED AT 5 MAIN STREET (ASSESSOR PARCEL NUMBER 059-151-41) 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 5 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 the Property; 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 on the Property, 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 on 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 and abandon 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 a wooden deck with bench seating located bay- ward of the restaurant occupying 5 Main Street, and is a portion of Exhibit "B" to the 1977 Easement. There are no public facilities in the obsolete portion. Tiburon Town Council Resolution No. 57-2011 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 5 Main Street as particularly described in attached Exhibit B and as graphically depicted for illustrative purposes only on attached Exhibit C, both Exhibits being attached hereto and incorporated herein 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 4 ; JE : F AVITi7~M OR TOWN OF T ATTEST: DIANE CRANE IACOPI, TOWN CLERK Exhibits: TH S AND R COP TIB ON TOWN A. Legal Description of Property (5 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 Counci]\Resolutions\5 Main St easement abandon reso.doc Tiburon Town Council Resolution No. 57-2011 1210712011 2 EXHIBIT A LEGAL DESCRIPTION FOR 5 MAIN STREET APN 59-151-41 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 Northerly corner of that certain parcel of land described in the Deed from Northwestern Pacific Railroad Company, a corporation, to August C.J. Oldag, etux, recorded January 7, 1941 in Book 403 of Official Records at Page 117, Marin County Records; running thence along the Northerly lint thereof, being also 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. 4810, as referred to in said Deed, South 70° 10'30" West, 80.0 feet to a point; thence leaving said Northerly line and running South 19° 49'30" East, 283 feet, more or less, to a point on the Southwesterly line of the parcel of land described in said Deed; running thence along said Southwesterly line, South 56° 54' East, 70 feet, more or less, to the most Southerly comer thereof; running thence along the Easterly line of said parcel of land, North.I 105' East, 105.62 feet and North 19° 49'30" West, 240.07 feet to the point of beginning. EXHIBIT B LEGAL DESCRIPTION OF OBSOLETE PORTION BEING ABANDONED All that portion of Parcel "B" as described 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 Two, as described in the Grant Deed from Varney to Zelinsky, recorded August 3, 1961 in Book1485, at Page 470, Marin County Records, said corner being on the southerly right of way line of Main Street; Thence, leaving said corner and said right of way line, along the easterly property line of said Parcel Two, South 21°16'58" East (South 19049'30" East per deed), 183.40' feet; Thence, leaving said easterly property line, South 68°43'02" West (South 70°10'30" West per deed), 80.00 feet to the westerly property line of said Parcel Two also being the westerly line of said Parcel `B" Thence along the westerly property line of said Parcel Two and said Parcel "B" North 21°16'58" West (North 19°49'30" West per deed) 19.5 feet to the TRUE POINT OF BEGINNING; Thence, leaving said westerly property line, along the northerly line of said Parcel "B" North 68°43'02" East (North 70°10'30" East per deed) 6.00 feet to an angle point in said Parcel "B"; Thence along said Parcel "B", South 21°16'58" East (South 19°49'30" East per deed) 11.00 feet; Thence leaving said line of Parcel `B" South 68°43'02" West 6.00 feet to the westerly line of said Parcel Two also being the westerly line of said Parcel "B" as described 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; Thence North 21 ° 16'5 8" West (North 19°49' 30" West per deed) 11.00 feet to the POINT OF BEGINNING. Prepared by: I.L.Schwartz Associates, Inc. Q~pfESSl0y9 is SC CO. a z W No. 18221 m ing L. Sch artz, C.E. Exp. 6-30-05 CPA CIV.- Of CA t.~F~ LL saRWARTZ ARK CiA1ES, W Civil Engineering & Land Surveying 79 Galli Drive NOVATO, CA 94949 (415) 883-9200 FAX 883-2763 TRUE POINT OF BEGINNING PARCEL THREE ET AL 0003365 EXHIBIT C Area of Public Pedestrian Passage Easement to be Abandoned P°RG' ~ S TERL r GDI2NER OF NORTHEiiSTERL Y GOR/yER OF EL 11V51 < r DEED FROM P.4R6EL TNO -DEED FROM V4+PNEY TO 140$ OR 470 MAIN STREET/485 u OR 4T~ ~`~~Kr 70 \ N 68 4302" E i N ~POINT OF PO/NT OF 9 MAIN STREET Gp~~E~rr PARCEL Th~O P.4RGFL ONE I - i I I MINSKY i 1997 w I I ry I N MME POINT OF BEfL&ING PARCEL YTO PARCEL ff0 Obsolete Easement Area to Be Abandoned ' JOB TIBURON FERRY PLAZA - QUITCLAIM ESMT JOB N0. 6940 - E9904 SHEET NO. 1 OF 1 DESIGN BY JRH DATE 09/10/01 CHECKED BY ILS DATE 09/10/01 SCALE 1"= 20' 5 MAIN STREET O w I NI ~l I Fxisrn~s 3 N 678 °4302\ W.00 5 6&04502"H 80.00' EXA57 t, ~ LIME TABLE O/ N 2/-1655e !N 2.10' N 21016 549 N 10.58' © N 68 043 02" 1N 6.00' ® N 21 °l6 -58" H /1.00' TRUE POINT OF G/BEGEMW ~RCEL ONE pFESS10 WS S~ COD Z W o, 221 m EXP. 6-30-0 \Fl of IVI1. ~Vw>