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HomeMy WebLinkAbout2012-02-12 (Tiburon Peninsula Club)14 E>0 1.E!-00 1 E,714 t?t~C d ( ntc r_- 2: ti •~i Rei:C!r'J~S !•C3fitV t~ ! Ma r i r AL-hhtf*y N. BRNS A 1 E 1 it diAh i6-~iw-c0lC ; Pape i of i4 AP# 058-171-17 and 058-171-76 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 GRANT OF EASEMENT AND AGREEMENT REGARDING A PUBLIC RECREATIONAL ACCESS EASEMENT OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON (WITH RESOLUTION OF ACCEPTANCE ATTACHED) Recording Requested by: Diane Crane Iacopi Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 No fee; this document is for the benefit of the Town of Tiburon GRANT OF EASEMENT AND AGREEMENT This Agreement is dated re-b ~ 99' , 2012, and is by and between the Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), and the Town of Tiburon, a municipal corporation ("Grantee.") Recitals 1. Grantor is the owner of real property situated in the Town of Tiburon, Marin County, California, said real property being described in attached Exhibit "A" ("Servient Tenement"). 2. Grantee is the owner of certain real property immediately adjoining Grantors' property, commonly known as Teather Park/Beach Road Tennis Court Lot ("Dominant Tenement"). The Dominant Tenement is more particularly described in Exhibit "B". 3. In February 2005 the Town of Tiburon Planning Commission approved a conditional use permit authorizing the expansion and renovation of improvements on the Servient Tenement, subject to the condition that the Grantor conveys an easement for public access purposes across a portion of the Servient Tenement. The Grantor offered the grant of public access easement the Grantee and said easement was accepted June 6, 2007 by adoption of Town Council Resolution No. 24-2007 and recorded on June 21, 2007 as Serial Number 2007-0038631 of Official Records of the County of Marin. 4. Grantee's staff has determined realignment of the recorded easement would provide a more easily traversable pathway. Grantor has agreement to convey a new six (6) foot wide easement to accommodate the realignment on the condition that the Grantee abandons the original 2007 grant of easement. Grantee has agreed to abandon the 2007 easement. NOW, THEREFORE, the parties agree as follows: 1. Grant: For valuable consideration, Grantor hereby grant to Grantee an easement as hereinafter-described ("Easement"). 2. Description and Use of Easement: The Easement is for the purpose of a pedestrian recreational trail ("Trail") connecting Mar West Street, a public street, to the Dominant Tenement across the Servient Tenement. 3. Location: The location of the Easement is graphically depicted on Exhibit "C" and described on Exhibit "D". 4. Character of Easement; Grantor's responsibilities: The Easement shall be appurtenant to the Dominant Tenement. Notwithstanding the foregoing, the Grantor shall not be responsible for maintaining the Trail. Upon request by Grantor and with reasonable notice, Grantee will provide Grantor access through and over the easement when necessary for repairs and/or maintenance of facilities, including but not limited to tennis courts and drainage facilities. 5. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and replacement of the Trail, including, without limitation, the right to go upon Grantor's property with necessary equipment to enhance, maintain and repair the Trail. 6. Indemnification: Grantee shall hold harmless, indemnify and defend Grantors from any claim, lawsuit or liability involving the construction of the Trail or its subsequent use by the public. 7. Entire Agreement: This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 8. Binding Effect: This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. 9. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit "A": Servient Tenement Legal Description Exhibit "B": Dominant Tenement Legal Description Exhibit "C": Easement Graphic Depiction Exhibit "D": Easement Legal Description 2 Executed on at, Tiburon, Marin County, California s~ IN WITNESS WHEREOF, the Grantor has subscribed his name this day of Z~'! z & , 2012. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: By: Ken Brakebill " President of the Board of Directors G1vrµ~2N-&-~, Isolde Wilson Secretary of the Board GRANTEE: TOWN OF TIBURON, a Municipal Corporation By: cMargare .A. Curran, Town Manager APPROVED AS TO FORM: XL' Ann Danfo h, Town Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 26'~before me, Date personally appeared Name(s) of Signer(s) r - - - - - - - - - - - - - - - - - - - Loa. DIANE CRANE IACDPI Commission : 1840513 Notary Public - California Marin County M Comm. E 'ras Mar 15.2013 Place Notary Seal Above ~ xf///Insert Name and Title of th dere 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 ha a K-ag/seal. Signature Signature of ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ( S Title or Type of Document: 4 5k -c , f /qne_~ ff Document Date= Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: ❑ Individual sr1 Cr f z Corporate Officer - Title(s): 7L 2V~ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact 0of El Trustee Top thumb here ❑ Guardian or Conservator ❑ Other: St ner Is Reprernting: rest rC dot C" Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Top Mof thumb here ©2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /2-C'1z_ Date personally appeared before me, - J a-EJC (-L)z l ? G`1 Name(s) of Signer(s) DIANE CRANE IACOPI Commission #E 1840513 Z a Notary Public - California z z Marin County My Comm. Expires Mar 15, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(,&) whose name(s) is/aF& subscribed to the within instrument and acknowledged to me that he/sbeA ay executed the same in his/hetAheir authorized capacity(ies), and that by his/ k~ reW 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 o icW seal. } Signature y Signature of ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the docum t and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 'T Title or Type of Document: 'y Document Date: Z- Number of Pages: f~ f' Signer(s) Other Than Named Above: i 4// -a Capacity(ies) Claimed by Signer(s) Signer's Name: /6-1- 0 ❑ Individual N Corporate Officer - ❑ Partner - ❑ Limited ❑ Attorney in Fact ❑ Trustee Title(s): ❑ General ❑ Guardian or Conservator ❑ Other: SignN Is Repres ting: 01 WI Lei 0 1 :1 Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 2(,/2-before me, Date personally appeared J Here Insert Name an( Name(s) of Signer(s) DIANE CRANE IACOPI Commission # 1840513 i Notary Public - California z Marin County My Comm. Expires Mar 15, 2013 - - - - - - - - - - - - - - - - Place Notary Seal Above OPTIONAL Though the information below is not required by law, it and could prevent fraudulent removal and re Description of Attached Document Title or Type of Document: Document Date: _ Z-- Signer(s) Other Than Named Above: r J Cf Number of Pages: /f - Gil Capacity(ies) Claimed by Signer(s) Signer's Name: Z't yam` c ->yrv Signer's Name: ❑ Individual " _77 Individual j@ Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): El Partner - El Limited El General ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact a] Moll rofthumb ❑ Trustee here El Trustee Top of thumb here ❑ Guardian or Conservator L-1 Guardian or Conservator ❑ Other: L-1 Other: Signer Is Representing: Signer Is Representing: who proved to me on the basis of satisfactory evidence to be the person(s) whose name(4 is/are-subscribed to the within instrument and acknowledged to me that fie/she/the"xecuted the same in -his/her/their-authorized capacityfies, and that by I~/her/theif-signature(s) on the instrument the person(}, or the entity upon behalf of which the person( 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 ha d_and of i I al. Signature -~~~-f' Signature of Notary Public'' may prove valuable to persons relying on the document attachment of this form to another document. A ©2007 National Notary Association- 9350 De Soto Ave., PO. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 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 295 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 Town; 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 ricks, O'Donnell NOES: COUNCILMEMBERS : None JIM F AYOR TOWN OF TIBURON ATTEST: DIANE CRANE IA PI, TOWN CLERK THIS S E AND- -0P .~Vt Tl B't1 RON TOWN RK G Tiburon Town Council Resolution No. 12-2012 03-07-2012 Exhibit "A" All that certain real property situate in the Town of Tiburon, County of Marin, described as follows: Beginning at the Northeasterly corner of the parcel- of land described in the Deed to the San Francisco and San Rafael.Railroad Company, recorded September 7, 189.2 in Book 21 of Deeds at Page 221, Marin County Records; thence running along the Northerly line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed. to the. San Francisco and San Rafael Railroad Company recorded July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly along said last mentioned line to the intersection thereof with the Southeasterly line of the parcel of land described in the Deed to* County of Marin recorded January .2, 1966 in Book 2016 of Official Record at Page 133, Marin County. Records; thence Northeasterly along `the Southeasterly line to the. intersection thereof with the Southeasterly line of Mar West. Street; thence along said line of Mar West Street Northeasterly, Easterly,- Southeasterly, Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract"' of the aforementioned Deed to the San Francisco and San Rafael Railroad Company, recorded July 22, 1886 in Book 3 of Deed at Page 487, Marin County Records;-thence along said Northerly fine., Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed to.The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book 21 .of Deed -at Page 221, Marin County Records; thence along said Easterly line, North 180 51'40" West 117.46 feet, North . 11' 23' 20" East 99.00 feet and North 3711 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8, 1985 as Instrument No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town of Tiburon, County... of Marin, described as follows: Beginning at a 3/4" iron pipe survey monument located at the Northerly corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly corner of a 7.835 acre parcel described in-Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginning along the Northerly property line of said Lot 10, North 89" 36' 40" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 46° 29' 17" East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property line, North 37° 38'20" East, 124.74 feet to the point of beginning. Exhibit "B" ALL THAT CERTAIN real property situate in the Town of Tiburon, County of Marin, State of California, described below as follows: Lot 8, as shown on that certain map entitled "Point Tiburon", filed for record on February 16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County, California. MATCH LINE SOUTHERN MARIN RECREATION CENTER INC. 058-171-76 o N 89'36' 40" W 12.31' G' TIBURON PENINSULA CLUB PTN. LOT 10(19 M4) 4 ? lot, ~ N26'11'00"E 0 ~♦O 17.06' N40'47'25"E ~G4 27.57' TOWN OF TIBURON PTN. LOT 10 (19 M 4) 0 0 of rn 3 0 N ►r7 W .P N W n ,'K, ~P4 0`'~ Gj N36'OB'56"E 31.60' N 09'35' 07"E 42.45' moo: R=1960.10' L=6.53' r" N39'06'43"E 11.19' A=00'1128 ~ CHORD: N12'16'26"w S64'37'59"E rn_ 25.52' 6.53' N00'1 6'32"E 33.17' POINT OF LOT 9 (19 M 4) R~1 BEGINNING 960 RESIDENTIAL 1~ POINT OF 4 N " COMMENCEMET ? 60 TOWN OF TIBURON LOT 8 (19 M 4) iq5LRi i R IVERad r vices Inc. 2340 Santa Rita Road, Suite 9 Pleasanton, CA 94566 TOW 925 734-6788 Phane 925 734-6732 Fax CENTERLINE OF 6' WIDE PATH EASEMENT N SCALE: 1" = 50' 50 25 0 50 Exhibit "C" (p. 1 of 2) MAR WEST PATH EASEMENT MAR WEST STREET N OF TIBURON MARIN COUNTY CALIFORNIA RN1103 DRN. BY: MAS CHK. SY: KMM DATE: 11 /2/11 Exhibit "D" Legal Description Six-foot Wide Path Easement ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Malin, State of California, being a strip of land six-feet (6') in width designated as a pedestrian Path Easement lying in, over, across and through portions of two parcels of land owned by the Southern Marin Recreation Center, Inc., said parcels being situated between the right-of- way of Mai- West Street on the north and east and on the west and south by Lots 8 and 10 as said lots are shown on that certain Condominium Map entitled Point Tiburon, as said map was filed for record February 16, 1984 in Volume 19 of Maps at Page 4, Records of said County, said six-foot path easement being three (3) feet on both sides of the following described centerline: Commencing at the most northerly corner of said Lot 8, Map of Point Tiburon, said Point of Commencement being at a point of non-tangent intersection with a circular curve that defines the northeasterly line of said Lot 8; thence, 6.53 feet along the Are of.said curve to the right, having a Radius of 1960.10 feet, a Central Angle of 0° 11'28" and a Long Chord which bears, South 64° 37'59" East, 6.53 feet to the centerline Point of Beginning for the six-foot wide Path Easement herein described; thence departing said north line of Lot 8 and following along the centerline of said Path Easement the following sixteen (16) courses and distances: 1.) North 0° 16'32" East, 33.17 feet; thence, 2.) North .12° 16'26" West, 25.52 feet; thence, 3.) North 39° 06' 43" East, 11.19 feet; thence, 4.) North 09° 35'07" East, 42.45 feet; thence, 5.) North 02° 41'53" West, 63.24 feet; thence, 6.) North 36° 08'56" East, 31.60 feet; thence, 7.) North 44° 24'13" East, 40.57 feet; thence, 8.) North 40" 47'25" East, 27.57 feet; thence, 9.) North 26° 11' 00" East, 17.06 feet; thence, 10.) North 42° 51 17" East, 47.27 feet; thence, 11.) North 06° 20'37" East, 12.31 feet to the northerly line of the said Southern Marin Recreation Center, Inc. parcel and having the Malin County Assessor's Parcel Number 058-171-17; thence continuing, 12.) North 06° 20'37" East, 264.02 feet; thence, 13.) North 54° 36'59" West, 51.69 feet to a point of non-tangent intersection with a circular curve; thence, 14.) 67.34 feet along the Arc of said circular curve to the left, having a Radius of 262.00 feet, a Central Angel of 14° 43' 3 5" and a Long Chord which bears, North 30° 12'07" West, 67.15 feet; thence, 15.) North 37° 33' 53" West, 79.77 feet; thence, 16.) North 22° 33' 02" West, 12.61 feet to the Point of Terminus for the herein described Path Easement, said point also being on the northerly line of the said Southern Marin Recreation Parcel having the Marin County Assessor's Parcel Number 058-171- 76, and the southerly right-of-way line of said Mar West Street. The sidelines of this easement being lengthened or shortened to terminate at the parcel lines. End of Description