HomeMy WebLinkAboutAgr 2013-02-01 (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
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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
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Insert Name f9nd
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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:
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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)
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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
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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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
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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
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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
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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
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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
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Date Exp. .201r
No. 6,137 ~
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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
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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
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SCALE: I" = 60'
60 40 20 0 60
PAGE 1 OF 2
SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE
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058-171-76
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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
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PENINSULA CLUB -0<
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EASEMENT, AGREEMENT &
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DOCUMENT #2012-0016714
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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
201 ;-0009617
- Recorded I REC FEE
=afficial Records 1
County of I
Marin I
RICHARD N. BENSON I
Assessor-Recorder I
County Clerk I
Ia
07:45AM 11-Feb-2013 I Page 1 of 6
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
0.00
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
alignlment 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
"r,l✓ V ~ it
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 Malin, 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, Nlarin 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 20160f Official Record at Pagel 33, Mann County Records; thence Northeasterly along
"the Southeasterly line to the intersection thereof with the Southeasterly line of Mar West
Street; thende 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 180 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/" iron pipe survey monument located at the Northerly corner of Lot 10 as said
lot and monument are shown on the hereinabove referencad rnap; 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 Docuinent 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.
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 ar lie
best of my knowledge and belief. SAND S
►4N 5 2 0 13 KEVIN M. WGUIRE
Kevin McGuire, CA P.L.S. # 6437 Date
Quiet River Land Services, Inc. (925) 734-6788 * Exp. (~-3t Zo
Na. 6437 ~ 1
` .0 A
S22'33'02"E
12.61'
POINT OF BEGINNING
FOR SECTION TO BE
-ABANDONED
s ~
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
S~ 69:
✓V
SCALE: 1" = 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 TIBURON EASEMENT, AGREEMENT
~c RESOLUTION OF ACCEPTANCE
DOCUMENT #2012-0016714
SOUTHERN MARIN RECREATION CENTER INC.
s~ 058-171-76
o.R. 326
-I/~I(~~/Y 1^/tJ'\l/\/I'Y~/(1'./nI(YI /V I.J V~IIIL ? IL
JAN, 6 A Z-C) (3
i ry
TIBURON PENINSULA CLUB y~`~1~~
PTN. LOT 10 (19 M a) 4j`b o .g ti~
12.31'
ET RIVER EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED
I
and Services Inc. MAR WEST PATH EASEMENT
Q'R
i 11501 Dublin Boulevard, Suite 200 MAR WEST STREET
Dublin, CA 94568 TOWN OF TIBURON MARIN COUNTY CALIFORNIA
~925f734-8788 Phone jam„ TBPC1201 ORN. BY: MAS CHK. BY: KMM DATE: 1/08/13
Ex p. ! Z 3 t- z a
o 6A37
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MATCH UNE
PAGE 1 OF 2
SOUTHERN MARIN RECREATION CENTER INC. MATCH LINE W
058-171-76 104: i~
728 O.R. 326 CENTERLINE OF EXISTING 6' WIDE N C)
PATH EASEMENT TO REMAIN N
TOWN OF TIBURON EASEMENT, AGREEMENT ED
& RESOLUTION OF ACCEPTANCE z
DOCUMENT #2012-0016714
N 89'36' 40"W
12.31'
01
TIBURON PENINSULA CLUB
PTN. LOT 10(19 M4) rya ~pti tKRG~ LINE IGHT-OF-WAY
r~ N26'1 1'00"E ,~~0
.~~ryo 17.06' 1
N40'47'25"E
27.57' i
f~
TOWN OF TIBURON
PTN. LOT 10 (19 M 4)
OJ
C
Q`
3
N36'08'56"E
0
31.60'
N
CENTERLINE OF EXISTING
N
zo
6' WIDE PATH EASEMENT TO
REMAIN TOWN OF 11BURON
SA
t
EASEMENT, AGREEMENT &
N
RESOLUTION OF ACCEPTANCE
DOCUMENT #2012-0016714
R=1960.10' L=6.53-
A--00'1 1'28"
CHORD:
\64'37'59"E
6.53'
LOT 9 (19 M 4)
RESIDENTIAL
P. N09'35'07"E
42.45'
V N 39'06' 43"E
11,19'
N12'16'26"W
Q, 25.52'
N00'1 6'32"E
33.17'
R.
7960'0
~2.
TOWN OF TIBURON
LOT 8 (19 M 4)
✓ >M
SCALE: 1" = 50'
50 25 0 50
r UIET RIVERA`', r EXHIBIT "C" - SECTION OF PATH EASEMENT TO BE ABANDONED
Land Services Inc.t ' MAR WEST PATH EASEMENT
11501 Dublin Boulevard, Suite 200 MAR WEST STREET
Dublin, CA 94568 TOWN OF TIBURON MARIN COUNTY CALIFORNIA
(925734-6788 Phone, TBPC1201 DRN. BY: MAS CHK. BY: KMM DATE: 01 /08/13
PAGE 2 OF 2
I-
I-
CALIFORNIA
ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of 41;4-~(141
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
DIANE CRANE IACOPI
Commission * 1840513
i •i Notary Public - California
Z Marin County
M Comm. Ex ires Mar 15, 2013
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/aFe-
subscribed to the within instrument and acknowledged
to me that he/sbefher executed the same in
his/her/their authorized capacity(ies), and that by
his/heOWeir 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 hand aqd offi 'a[` seal.
Signature: %
Place Notary Seal Above Signature of Netfiry 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 1`3 ,
Title or Type of Document:
Document Date: Number of Pages: ~
t' , y,- 7t>~ ~i
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
G
VI., C ft G`
Signer's Name: `til
/
f, ~ ignpr's Name:
Corporate Officer - Title(s):
❑ Corporate Officer - Title(s):
❑ Individual
❑ Individu"W
❑ Partner - ❑ Limited ❑ General
❑ Partner - E~ Limited ❑ Ger
❑ Attorney in Fact
❑ Attorney in Fact,
❑ Trustee
❑ Trustee
❑ Guardian or Conservator
❑ Guardian or Conserver
❑ Other:
,
❑ Other:
Signer Is Representing:
-111, V Signer Is Representing:
/i rL A
tV-
cv"c Ivalluilal IvuldlyHSSUGIdUUrI - lvauundnvorary.org • I-bUU-US IVUTAHY (1-SU0-876-6827)
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Item #5907