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HomeMy WebLinkAbout2013-01-16 (Tiburon Peninsula Club)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 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) Assessor-Recorder-County Clerk County of Marin RICHARD N. BENSON Assessor-Recorder-County Clerk 2013-0007565 02/01/2013 11:29AN REC FEE 0.00 TOTAL I LM NO FEE 6.00 CHAMOE 6.00 02/01/2013 11:29AM 2013020100074 a AR76W8YH1 Online. Anytime. Mwa.earl ncounty.org Requested 8y: Public 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 ?4..v / , 2013, and is by and between the Southern Marin Recreation Center, Inc., a aliforni 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. 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: 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 C IN WITNESS WHEREOF, the Grantor has subscribed his name this day of 2013. 0 U GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: M ke ierney P esident of the Boar ' ect s By: A Tami Pias Lee Secretary of the Board GRANTEE: TOWN OF TIBURON, a Municipal Corporation By: Margare A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ,f V,~A_ On L o-/ ) - before me, Date personally appeared DIANE CRANE IACOPI Commission # 1840513 rao~-~ Notary Public - California z Z Marin County My Comm. Expires Mar 15, 2013 Place Notary Seal Above 21-le'. Insert Name f9nd Y Y ?A"L.- who proved to me on the basis of satisfactory evidence to be the person(.s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Isis/her/their authorized capacity(ios), and that by 14s/her/their signature(s) on the instrument the person(*, 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 and f ' i s al. E, j., Signature Signature of Notary'P id 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 Title or Type of Document: 7(- Document Date: ~J r l Number of Pages: (1-1 Signer(s) Other Than Named Above: m vre-s-r r ' Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual TO ~i' ❑ Individual _ Corporate Officer - Title(s): tj~ /V 6r~ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: T Signer Is Representing dz.d % 1 E'~,U,~d 1(~ Top of thumb here 4S-0) ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing. Top of thumb here ~rG c f ~fC 02007 Natianal 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~kf~ On •J 3~- 3 before me, 4 ~lq- 'y. C, ~C /y Date [L~_ i • Here Insert Name and Title of the Officer , personally appeared Na (s) of Signer(s) V DIANE CRANE IACOPI Commission #r 1840513 Z i Notary Public -California 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(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shQAhQy-executed the same in his/herAhc4 authorized capacity(ies}, and that by his/herltbaif- signaturefs) on the instrument the person(s), or the entity upon behalf of which the person(sj- 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 h d a d o Tic' al. Signature Signature of Notary P is 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 ~~"~',i I" 2` N Z.ti. Title or Type of Document: Document Date: J ( J Number of Pages: Signer(s) Other Than Named Above: / ~S- Lot- C~3"f' d Capacity(ies) Claimed by Signer(s) Signer's Name: (41- Signer's Name: (3,1 ❑ Individual prS. ❑ Individual . G Corporate Officer -Title(s): r Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Repres/qnting: Signer Is Representing: I~- JCO c~'~?~to4~ Top of thumb here 0 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 /V4n l(/j/ On 50 l 2J before me, IVZ C'1C .741VZ TA (o / -T Ad Date Here Insert Name and Title of the Officer personally appeared iwt 1 Lbe7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(.&) is/af-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized DIANE CRANE IACOPI capacity(ies), and that by leis/her/their signature(() on the Commission * 18M13 instrument the person(s~, or the entity upon behalf of Notary Public - Califonda which the person(-() acted, executed the instrument. Marin County Comm. Ex res Mar 15.2013 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 an seal. Signature Place Notary Seal Above Signature of ry 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 Title or Type of Document: v rat, 4 L 1- rf Document Date: 1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: k''t-{ Signer's Name: 2 ~•1 ❑ Individual ❑ Individual ' Corporate Officer - Title(s): ❑ Corporate Officer - Title(s): - ❑ Partner - O Limited ❑ General _ 6 ` VEI Partner - ❑ Limited ❑ General ❑ Attorney in Fact I Oil ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Regrese ting: Signer Is Representing: T( I C_ wl~ - 6S Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., R O. Box 2402 -Chatsworth, CA 91 31 3-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 f 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, 1B86 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 21 of Deed -at Page 221, Marin County Records; thence along said Easterly fine, 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/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 370 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. rf Legal Description of New Section of Six-foot Wide Path Easement EXHIBIT "C" ALL THAT REAL PROPERTY located in the Town of Tiburon, County of Marin, State of California, being a strip of land having a uniform width of six feet (67) intended to re- align and replace a small section of an existing six-foot (6') Public Recreational Access (Path) Easement as recorded by a Town of Tiburon Easement, Agreement and Resolution recorded in Document Number 2012-0016714 in the Records of Marin County, said new section of the six-foot Path Easement being 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 and lying three feet (3') on both sides of the following described centerline: Beginning at the northerly end of that certain centerline mathematical course identified as #12 in the said recorded Path Easement Document, North 06° 20' 37" East, 264.02 feet and proceeding thence, North 12° 11' 32" East, 9.05 feet; thence, North 25° 47' 50" West, 30.95 feet to the Point of Terminus for the herein described New Section of six foot Path Easement, said point being on the northerly line of the said Southern Marin Recreation Parcel, and the southwesterly right-of-way line of Mar West Street, as said Street is shown on said recorded Path Easement. The sidelines of this easement being lengthened or shortened to terminate at the existing parcel and/or easement lines. End of Description Together with Exhibit -D - New Section of Path Easement attached hereto and made a part hereof. SURVEYOR'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 accurate to the best of my knowledge and belief. Kevin M1 McGuire, CA P.L.S. # 6437 Quiet River Land Services, Inc. (925) 734-6788 LAND ;~I(EViN MI. WGUIRE o A-0 Lo (3 Date Exp. .201r No. 6,137 ~ ~Xc l_NN S(/~ RIGHT-OF-WAY LINE KEVIN! hA. McG ]IRE 0 . lop~~ Exp. (Z No. 64,17 ~F C NO CENTERLINE OF ZD~t EXISTING 6' WIDE \ ~m'). 3 PATH EASEMENT \ TO BE ABANDONED \ POINT OF TERMINUS POINT OF BEGINNING \ FOR NEW PATH EASEMENT CENTERLINE OF EXISTING 6' WIDE PATH EASEMENT TO REMAIN TOWN OF TIBURON EASEMENT, AGREEMENT & RESOLUTION OF ACCEPTANCE DOCUMENT #2012--0016714 SOUTHERN MARIN RECREATION CENTER INC. 058-171-76 728 O.R. 326 40"W TIBURON PENINSULA CLUB PTN. LOT 10 (19 M 4) U MEET R IVER' and Services Inc. 9a;;;;-; 11501 Dublin Baulawrd, Suite 200 Dublin, CA 94568 MATCH LINE v fo ~ y ; w N ~ O ~ 'o O to . C 0 Z 12.31' N25'47'50"W 30.95' N12'11' 32"E 9.05' EXHIBIT "D" - NEW SECTION OF PATH EASEMENT MAR WEST PATH EASEMENT MAR WEST STREET TOWN OF TIBURON MARIN COUNTY CALIFORNIA TBPC1201 DRN. BY: MAS CHK. BY: KMM DATE: 01/08/13 N SCALE: I" = 60' 60 40 20 0 60 PAGE 1 OF 2 SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE o 058-171-76 '0 : 728 O.R. 326 CENTERLINE OF EXISTING 6' WIDE N o PATH EASEMENT TO REMAIN IN TOWN OF TIBURON EASEMENT, AGREEMENT CD & RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 N89'36'40"W 12.31' TIBURON PENINSULA CLUB -0< PTN. LOT 10 (19 M 4) ~ 0`1' %K\ Ge ~ RIGHT-OF-WAY X o N26'1 1'00"E ~~0~ LINE 17.06 SPA A, " ' ~ A:) 25 N 40'47 E ~A: ' 27.57 i ~ ~ r cK'`~• TOWN OF TIBURON j !l PTN. LOT 10 (19 M 4) 0 0 " ' 56 E 3 N36'08 ' 0 31.60 N CENTERLINE OF EXISTING o a 6' WIDE PATH EASEMENT TO W ti REMAIN TOWN OF 118URON N EASEMENT, AGREEMENT & RESOLUTION OF ACCEPTANCE DOCUMENT #2012-0016714 SCALE: 1" = 50' 50 25 0 50 N09'35'07"E C 42.45' " ' ~n N39'06 43 E R=1960.10' L=6.53' 11,19' 6=00'11'28" ~ NI 2016'26"W CHORD: S64'37'59"E rn. 25.52' 6.53' N00'1 6'32"E 33.17' LOT 9 (19 M 4) R~r 960 RESIDENTIAL 7 TOWN OF TIBURON LOT 8 (19 M 4) Ulurr RIVER EXHIBIT "D" - NEW SECTION OF PATH EASEMENT Law- 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) 734^6788 PhoZ__, TBPC1201 DRN. BY: MAS CHK. BY: KMM DATE: 01 /OB/13 PAGE 2 OF 2 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 terms of the Easement Agreement, the Tiburon Peninsula Club offered the grant of public recreational access easement, executed on May 29, 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: Doyle, Fraser, Fredericks, O'Donnell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Collins EMMET'-, O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE COPI, TOWN CLERK Exhibit 1: Form of Grant of Easement and Agreement 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. 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: 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