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HomeMy WebLinkAboutTC Res 2013-01-16 (3)RESOLUTION NO. 03-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A RELOCATED PORTION OF AN 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; 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 terns of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public recreational access easement, executed on May 291 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, 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 7, 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, offered the grant of easement to the Town for public acceptance, and installed the necessary improvements to make the realigned portion of the easement acceptable for public use; and Tiburon Town Council Resolution No. 03-2013 111612013 WHEREAS, the Town Council has reviewed and found acceptable, and to the public benefit, the realigned easement portion being offered for acceptance by the Tiburon Peninsula Club for public access purposes; and WHEREAS, the Town Council has concluded that the realigned easement portion is not located in an environmentally sensitive area and that the acceptance of the relocated easement is exempt from the requirements of the California Environmental Quality Act. 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, a form of which is attached hereto as Exhibit 1, and directs the Town Clerk to record it with the Office of the Marin County Recorder together with a certified copy of this Resolution. 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: ATTEST: 1; 1 DIANE CRANE ACOPI, TOWN CLERK Doyle, Fraser, Fredericks, O'Donnell None Collins EMMET O' DONNELL, MAYOR TOWN OF TIBURON'. F Exhibit 1: Form of Grant of Easement and Agreement 2 Tiburon Town Council Resolution No. 03-2013 111612013 EXHIBIT 1 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 , 2013, 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. In 2012, Grantee's staff determined realignment of the recorded easement would provide a more easily traversable pathway. Grantor and Grantee therefore entered into a Grant of Easement and Agreement to implement the easement realignment, said document being recorded on March 16, 2012 as serial number 2012-0016714 of Marin County Records. 5. Grantor is now requesting a realignment of the final segment of the easement at its northern terminus at Mar West Street in order to provide a more direct route to Mar West Street and to avoid potential pedestrian/vehicular conflicts in the Tiburon Peninsula Club parking area. Grantor would convey a new six (6) foot wide easement ("2013 Grant") to accommodate the realignment of the northernmost easement segment on the condition that the Grantee abandons the segment of the 2012 easement alignment that would be replaced by the 2013 Grant. Grantee has agreed to abandon aforementioned 2012 easement segment. 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 described on Exhibit "C" and graphically depicted 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. Secondga 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: 2 Exhibit "A": Servient Tenement Legal Description Exhibit "B": Dominant Tenement Legal Description Exhibit "C": Easement Legal Description Exhibit "D": Easement Graphic Depiction Executed on , at Tiburon, Marin County, California IN WITNESS WHEREOF, the Grantor has subscribed his name this day of 2013. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: Mike Tierney President of the Board of Directors By: Tami Pias Lee Secretary of the Board GRANTEE : TOWN OF TIBURON, a Municipal Corporation By: Margaret A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney 3