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Home My WebLink AboutTC Res 2013-01-16 (4)Assessor Parcel No. 058-171-76 No recording 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 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A SIX (6) FOOT WIDE PUBLIC RECREATIONAL ACCESS EASEMENT OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON RESOLUTION NO. 04-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ABANDONING A PORTION OF A SIX (6) FOOT WIDE EASEMENT FOR PUBLIC RECREATIONAL ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET (ASSESSOR PARCEL NUMBER 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, in March 2012, the Town Council concluded that a realignment of a portion of the easement would provide a more easily traversable pathway, and the property owner (Tiburon Peninsula Club) consented to the realignment and offered a new grant of easement ("2012 Easement") for the realignment, which was accepted on March 71 2012 and recorded on March 16, 2012 as Serial Number 2012-0016714; at that same time the Town Council abandoned the prior 2007 easement alignment by Serial Number 2012-0016713; and WHEREAS, the Tiburon Peninsula Club has indicated its desire to relocate and replace a portion of the 2012 Easement (near its northern terminus at Mar West Street) with a realigned easement portion, and has prepared the necessary survey and documentation and installed the necessary improvements to make the realigned portion of the easement acceptable for public use; and Tiburon Town Council Resolution No. 04-2013 111612013 WHEREAS, the Town Council has, by adoption of Resolution No. 03-2013 on January 16, 2013, accepted a grant of easement ("2013 Easement") for public access purposes over the Property that would replace and realign the 2012 Easement; and WHEREAS, the Town Council has determined that there are no other public facilities located within the portion of the easement to be abandoned and that the 2013 Easement accepted from the Tiburon Peninsula Club by Resolution No. 03-2013 will replace and improve upon that portion of the 2012 Easement and render it obsolete, excess, and superseded by relocation; on that basis the Town wishes to formally vacate and abandon that portion of the 2012 Easement pursuant to California Streets and Highways Code, Division 9, Part 3, Chapter 4, Section 8300 et seq. 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 on attached Exhibit "C", both Exhibits being attached hereto and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 16, 2013 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell None Collins ~1_1 iluda ttj, - EMMETT O'DONNELL, M YOR TOWN OF TIBURON ATTEST: DIANE CRANE IAC I, TO CLERK Exhibit "A": Legal Description of 1600 Mar West Street (TPC) Property Exhibit "B": Legal Description of Easement Portion Being Abandoned Exhibit "C": Illustrative Graphic of Easement Portion Being Abandoned Tiburon Town Council Resolution No. 04-2013 111612013 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, 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, I'viarin 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, Mann 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 21 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 deszribed 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/d" 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 comer 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. Legal Description of AbandonedNacated Portion of Six-foot Wide Path Easement EXHIBIT "B" ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a portion of that certain strip of land being six-feet (6') in width and designated as a Public Recreational Access (Path) Easement as recorded by a Town of Tiburon Easement, Agreement and Resolution recorded by Document Number 2012- 0016714 in the Records of Marin County, and being that portion of said Path Easement situated within the Lands of Southern Marin Recreation Center, Inc, having the Assessor's Parcel Number 058-171-76, and described in the Quitclaim Deed recorded February 6, 1952 in Book 728 O.R. at Page 326, records of said County, said portion of the 6-foot path easement to be Abandoned and Vacated lying three feet (3') on both sides of the following described centerline: Beginning at a point on the northerly line of the said Southern Marin Recreation Parcel, and the southwesterly right-of-way line of Mar West Street, said Point of Beginning for the herein described Strip of Land being the north end of Course #16 and the Point of Terminus thereof, all of which being shown on Exhibit "C" and Exhibit "D" of said recorded Path Easement identified above, thence along said Centerline of said Easement the following four (4) courses and distances: 1.) South 22° 33' 02" East, 12.61 feet; thence, 2.) South 37° 33' 53" East, 79.77 feet to a point of tangent intersection with a circular curve; thence, 3.) 67.34 feet along the Are of said circular curve to the right, having a Radius of 262.00 feet, a Central Angle of 14°43' 35" and a Long Chord which bears, South 30° 12'07" East, 67.15 feet; thence, 4.) South 54° 36'59" East, 51.69 feet to the Point of Terminus for the herein described portion of the Path Easement being abandoned and vacated. The sidelines of the easement being lengthened or shortened to terminate at the existing parcel/easement lines. End of Description Together with Exhibit C - Section of Path Easement to be Abandoned, attached hereto and made a part hereof. SURVEY'OR'S STATEMENT: The foregoing Legal Description was prepared by the undersigned Professional Land Surveyor, and is based entirely on recorded maps and record property data as referenced herein and the alignment of the path easement as described is based on a field survey of the existing route and are true and a le best of my knowledge and belief. ~aN D s ►~N V, 2O Of 3 KEVIN M. McGUIRE ~ Kevin M McGuire, CA P.L.S. # 6437 Date Quiet River Land Services, Inc. (925) 734-6788 Exp. (Z-3( zo I Na. 6437 C S22'33'02"E 12.61' POINT OF BEGINNING FOR SECTION TO BE ABANDONED s ~ ~40x CENTERUNE OF EXISTING 6' WIDE PATH EASEMENT TO BE ABANDONED R=262.00' a=14'43'35" L=67.34' CHORD: S30'12'07"E 67.15' SS ss 9 N SCALE: I" = 60' 60 40 20 0 60 POINT OF TERMINUS FOR SECTION TO BE ABANDONED RIGHT-OF-WAY LINE CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO REMAIN TOWN OF 11BURON EASEMENT, AGREEMENT do RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 w T O ~ SOUTHERN MARIN RECREATION CENTER INC. 058-171-76 to S A N D 8 o.R. 326 z KEVIN M. WGUIRE _~Ex p. I j - -1 - )K Sk- ?CD( MATCH UNE /k No. 6437 N89'36'40'W 12.31 1 TIBURON PENINSULA CLUB PTN. LOT 10 (19 M 4) g~y~i ryA IJIET RIVER EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED and Services Inc. MAR WEST PATH EASEMENT t 11501 Dublin Boulevard, Suite 200 MAR WEST STREET Dublin, CA 94,568 TOWN OF TIBURON MARIN COUNTY CALIFORNIA (925)"" Phan` TBPC1201 DRN. BY: MAS CHK. BY: KMM DATE: 01 /08/13 PAGE 1 OF 2 SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE V W 058-171-76 728 O.R. 326 CENTERUNE OF EXISTING 6' WIDE N C) PATH EASEMENT TO REMAIN ;v TOWN OF TIBURON EASEMENT, AGREEMENT Z & RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 N89'36'40"W 12.31' G' TIBURON PENINSULA CLUB LOT 10(19 M4) A PTN . , G~ ~~ti RIGHT-OF-WAY ~ r~ N26-11-00"E 0 LINE ' "~~ryo 17.06' ¢t'1 " ~ ~ ~O E tv ,SIN N40'4725 ' w ,,~ry 27 57' . TOWN OF TIBURON ~4 PTN. LOT 10 (19 M 4) o OJ of ~ rn w4` " ' 56 E ~ N36'08 0 31.60' N CENTERLINE OF EXISTING z C\f o 6' WIDE PATH EASEMENT TO c REMAIN TOWN OF TIBURON J " EASEMENT, AGREEMENT & RESOLUTION OF ACCEPTANCE 4 DOCUMENT #2012-0016714 SCALE: 1" = 50' 50 25 0 50 N09'35'07"E Cp. 42.45' '06'43"E N39 R=1960.10 L=6.53 11.19' n=00'11'28" CHORD: ~ N72'16'26"w S64'37'59"E o? 25.52' 6.53' N00'1 6'32"E 33.17' LOT 9 (19 M 4) RESIDENTIAL TOWN OF TIBURON LOT 8 (19 M 4) row UIET RIVER EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED 6, 9A~l Land Services Inc., MAR WEST PATH EASEMENT 11501 Dublin Boulevard, Suite 200 MAR WEST STREET Dublin, CA 94568 TOWN OF TIBURON MARIN COUNTY CALIFORNIA (925} 736788 Phone TBPC1201 DRN. BY: MAS CHK. BY. KMM DATE: 01 /08/13 PAGE 2 OF 2