HomeMy WebLinkAboutTC Res 2012-03-07 (3)RESOLUTION NO. 12-2012
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING AN EASEMENT FOR PUBLIC RECREATIONAL ACCESS PURPOSES
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; 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 recreational access easement, executed on May
2% 2007, to the Town of Tiburon for acceptance, and said easement ("2007 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 ("Grant of Easement and Agreement") for the realignment, dated February
28, 2012, on the condition that the 2007 Easement be abandoned by the 's'own; and
WHEREAS, the Town Council has by separate Resolution abandoned the 2007
Easement.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby accepts the grant of easement, authorizes the Town
Manager to execute the Grant of Easement and Agreement, and directs the Town Clerk to
record it with the Office of the Marin County Recorder together with a certified copy of
this Resolution.
Tiburon Town Council Resolution No. 12-2012 03-07-2012
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, Fred 'cks, O'Donnell
NOES: COUNCILMEMBERS: None
i
JIM F AYOR
TOWN bF TIBURON
ATTEST:
DIANE CRANE W76PI, TOWN CLERK
Tiburon Town Council Resolution No. 12-2012 03-07-2012