HomeMy WebLinkAbout2012-03-07 (Town of Tiburon)In
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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
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
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. 11-2012 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, Fr de s, O'Donnell
NOES: COUNCILMEMBERS: None
JIM R, MAYOR
TO V,,COF TIBURON
ATTEST:.
DIANE CRANE COPI, TOWN CLERK
W
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Exhibit "A": Legal Description of 1600 Mar West Street Property C
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
Exhibit "A"
All that certain real property situate in the Town of Tiburon, County of Mari_n, described
as follows:
Beginning at the Northeasterly corner of the parcel. of Iand described in the Deed to the San
Francisco and San Rafael.Railroad Company, recorded September 7, 1892 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 line., 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 2'1 'of Deed -at Page 221, Marin
County Records; thence along said Easterly line, North 18° 51'40" West 117.46 feet, North .
11' 23' 20" East 99.00 feet and North 371 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.
MI CONSULTING, Inc.
Surveying,, Geographic Information Systems G.P.S.
May 8, 2007
Job No.: 2877-03
DESCRIPTION OF
EASEMENT
All that certain property situate in the Town of Tiburon, County of Marin, and being a
portion of the Lands of the Southern Marin Recreation Center, more particularly
described as follows:
A 6wide easement, lying easterly of the following described line:
BEGINNING at the most northerly corner of Lot 8 as said lot is 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; thence North 08°49'09"
West" a distance of 114.00 feet; thence North 30'32'35" East, a distance of 138.49 feet;
thence North 41 °11'14" East, a distance of 93.32 feet; thence North 06°20'37" East, a
distance of 267.03 feet; thence North 54°36'59" West, a distance of 50.78 feet to the
beginning of a non-tangent curve to the left, from which point a radial line bears South
67°20'59" West, thence along said curve having a radius of 259.00 feet, through a central
angle of 14°54'53", an arc length of 67.42 feet; thence North 37°33'53" West, a distance
of 80.17 feet; thence North 22°33'02" West, a distance of 25.58 feet, more or less, to a
point on the westerly boundary line of Mar West Street, the easterly sideline of said
easement being elongated or shortened to said Lot 8 and Mar West Street.
A plat.showing the above description is attached hereto and made part hereof.
This description was prepared by me or under my direct supervision.
C~D JACK M.
SIAITH
CL
ack M. Smith, P .7539 ated
Expires: 12/31/ No. 75?9
Exp. 12-,1-07
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Page 1 of l
EXHIBIT "B"
EXHIBIT "C"
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MUIR CONSULTING, INC. Subject_EASEME IT
460 N. YOSEMITE AVE., SUITE #g Job No. 2877-03
OAKDALE, CA 95361
Inc. (209) 845-8630 FAX (209) 845-8639 By JMS Date 05/08/07 Chkd.
www.muirconsulting.com Scale 1=50 Sheet 1 of 2
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fvIUIR CONSULTING, INC.
460 N. YOSEMITE AVE., SUITE #9
OAKDALE, CA 95361
fnc. (209) 845-8630 FAY (209) 845-8639
www,muirconsulting.com
Subject -EASEMENT
Job No. 28 % /-U,5
By JMS Date 05/08/07 Chkd.
Scale 1"=50' Sheet 2 of 2
Exhibit "D"
Legal Description
Sig:-foot Wide Patti Easement
ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, 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 Mar 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 corder 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 Arc 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 Easeinent 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 Marin 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
MATCH LINE o rzozroq
SOUTHERN MARIN RECREATION CENTER INC. N 058--171-76 N 89'36'40" W
TIBURON PENINSULA CLUB
PTN. LOT 10 (19 M 4)
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PTN. LOT 10(19M4)
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6'11'00"E
17.06'
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7'25"E 27.57'
N 36'08' 56"E
31.60'
N09'35'07"E
42.45'
R=1960.10' L=6.53' N39'06'43"E
11.19'
A=00'1128 N12'16'26"W
CHORD:
S64'37'59"E 25.52'
6.53'
N00'1 6'32"E
33.17'
POINT OF
LOT 9 (19 M 4) 9 BEGINNING
6
RESIDENTIAL I0,
POINT OF 4
COMMENCEMENT 60
TOWN OF TIBURON
LOT 8 (19 M 4)
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d r vices Inc.
2340 Santa Rita Road, Suite 9
Pleasanton, CA 94566 TOWN
(925)734`-6788 Phone 925) 734-6732 Fax 'ir= TB
CENTERLINE OF
6' WIDE
PATH EASEMENT
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SCALE: I" = 50'
50 25 O 50
1 --in
EXHIBIT t "r (p. 1 of 2)
MAR WEST PATH EASEMENT
MAR WEST STREET
OF TIBURON MARIN COUNTY CALIFORNIA
RN1103 DRN. BY: MAS CHK. BY: KMM DATE: 11 /2/11