HomeMy WebLinkAboutTC Res 2012-03-07 (2)RESOLUTION NO. 11-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ABANDONING A SIX (6) FOOT WIDE PUBLIC ACCESS EASEMENT OVER
PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON
(ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76)
WHEREAS, in February 2005 the Town of Tiburon Planning Commission
adopted Resolution No. 2005-02 approving a conditional use permit authorizing the
expansion and renovation of the Tiburon Peninsula Club private recreational facilities
located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required
the conveyance of an easement for public access purposes across a portion of the Tiburon
Peninsula Club property, said Property being described in Exhibit "A", attached hereto
and incorporated herein; and
WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula
Club entered into an Easement Agreement establishing, among other things, the general
alignment of the easement and timing of offer and acceptance, said Easement Agreement
being recorded as serial number 2006-0036668 in the Official Records of Marin County;
and
WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon
Peninsula Club offered the grant of public access easement, executed on May 29, 2007, to
the Town of Tiburon for acceptance, and said easement was accepted June 6, 2007 by
adoption of Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number
2007-0038631 of Official Records of the County of Marin; and
WHEREAS, it has been determined through survey that realignment of the
recorded easement will provide a more easily traversable pathway, and the property
owner (Tiburon Peninsula.Club) has consented to the realignment and offered a new grant
of easement for the realignment, dated February 28, 2012, on the condition that the
original 2007 grant of easement be abandoned by the Town; and
WHEREAS, the Town Council has determined that there are no other public
facilities located within the easement and that the realigned easement offered by the
Tiburon Peninsula Club will replace and improve upon the original 2007 easement and
render it obsolete, excess, and superseded by relocation; on that basis the Town wishes to
formally vacate and abandon the 2007 easement pursuant to California Streets and
Highways Code, Division 9, Part 3, Chapter 4, Section 8300 et seq.
Tiburon Town Council Resolution No. I1-2012 03-07-2012
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
public access purposes over that portion of the Property at 1600 Mar West 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.
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 easement granted in the 2007 deed shall no
longer constitute a public service easement as it is to be replaced by the easement granted
in 2012, as particularly described in Exhibit "D" and graphically depicted for illustrative
purposes only on attached Exhibit "E", both Exhibits being attached hereto and
incorporated herein, said 2012 easement to be accepted by separate Resolution of the
Town Council.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Tiburon on March 7, 2012 by the following vote:
AYES: COUNCILMEMBERS: Collins, Doyle, Fraser, F;de ~s, O'Donnell
NOES: COUNCILMEMBERS: None
JIM R, MAYOR
TO /OF TIBURON
ATTEST:
DIANE CRANE COPI, TOWN CLERK
Exhibit "A": Legal Description of 1600 Mar West Street Property
Exhibit "B": Legal Description of Easement Being Abandoned
Exhibit "C": Illustrative Graphic of Easement Being Abandoned
Exhibit "D": Legal Description of Replacement Easement to be Accepted by Separate
Resolution
Exhibit "E": Illustrative Graphic of Replacement Easement to be Accepted by Separate
Resolution
Tiburon Town Council Resolution No. 11-2012 03-07-2012