HomeMy WebLinkAboutAgr 2017-09-25 (Grant of Pedestrian Easement Point Tiburon Bayside) �� . o �i �i �i��ii psi ri��ii�� iii a iii
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Town Clejrke Town of Tiburon I C01111FORMT COPY 0A
1505 Tiburon BoulevardHallil I
Tiburon,CA 94920 -6"
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C[AlItY Clerk
Record without fee per GC 27383 02:551'li ili-Oct-'017
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GRANT DEED
GRANT OF PUBLIC PEDESTRIAN ACCESS EASEMENT
WITH COVENANTS
(Portion of Common Area of APN 059-380-01 through APN 059-380-67)
(This document may be signed in counterpart)
For valuable consideration, receipt of which is hereby acknowledged, THE POINT
TIBURON BAYSIDE CONDOMINIUM ASSOCIATION, a California nonprofit mutual benefit
Corporation ("HOA" or "Grantor"), hereby grants to the TO" OF TIBURON, County of
Marin, State of California, a Municipal Corporation ("Town" or "Grantee") an Easement for
Public Pedestrian Access, subject to the terms and conditions set forth herein, on this
day of 1T 2017 ("Effective Date").
RECITALS
A. The HOA is the owner of certain real property commonly known as the Point Tiburon
Bayside "common area", as defined and depicted on the Condominium Plan for Point
Tiburon Bayside, filed for record with the Marin County Recorder as Document Number
1985-0023362 on June 5, 1985 ("HOA Property"). A portion of the HOA Property,
described in Exhibit"A" attached hereto and incorporated herein by reference, contains a
stairway ("Stairway") leading down from Mar West Street toward downtown Tiburon,
and a pathway ("Pathway") leading from the base of the Stairway across the HOA
Property to its western edge. Said Stairway and Pathway together constitute the public
pedestrian access easement area("Easement Area"),which is graphically depicted on
Exhibit"B"attached hereto and incorporated herein by reference.
B. The Town holds title to and maintains the public right of way for the adjoining portion of
Mar West Street, a public street, said portion being described in Exhibit "C" attached
hereto and incorporated herein by reference.
C. For many years, members of the public have used the Easement Area as a means of
walking to the downtown. To ensure that the Easement Area will remain available to the
pedestrian public, the parties have agreed to provide for future maintenance and
responsibility for said Easement Area as set forth herein and in the Use and Maintenance
Agreement between the Town and the HOA regarding the Use and Maintenance of the
Mar West Stairway and a Connecting Pathway dated January 20, 2016, a fully-executed
copy of which is on file with the Town Clerk of the Town of Tiburon, 1505 Tiburon
Boulevard, Tiburon, California.
Page I 1
D. The Town of Tiburon Town Council adopted Resolution No.qO -2017 on
0O 6r q , 2017, agreeing to accept the Easement being conveyed herein
and authorizing the Town Manager to execute all documents necessary and appropriate to
complete the contemplated transaction.
Grant of Easement
1. For good and valuable consideration, receipt of which is hereby acknowledged,
Grantor hereby grants to Grantee, its successors and assigns, a ten foot (10') wide non-exclusive
easement ("Easement") for public access with the right of immediate entry and possession for a
public pedestrian trail in, on, over, across, under, through and along that portion of the HOA's
Property described in Exhibit "A" attached hereto and incorporated herein by this reference
("Easement Area"). The Easement Area is graphically depicted in Exhibit"B" attached hereto and
incorporated herein by this reference.
Description and Purposes of Easement
2. The Easement is for public pedestrian access purposes for use by the general
public. The portion of the Easement Area described in Exhibit "A" containing the Stairway
shall be known as the "Stairway Easement." The remainder of the Easement Area described in
Exhibit"A" shall be known as the "Pathway Easement."
Term of Easement
3. The Easement and rights and obligations herein shall commence when the
Grantee accepts the Easement and shall continue thereafter in perpetuity.
Maintenance of Improvements
4. Grantee shall maintain the Stairway Easement in good repair, at Grantee's sole
cost and expense, including, without limitation, performing all maintenance, repair and other
work reasonably necessary to preserve and maintain the Stairway in a good and safe state of
repair.
5. Grantor shall retain responsibility for maintenance, repair and all other work for
the HOA Property outside the Stairway Easement including, without limitation, the Pathway
Easement.
Hold Harmless and Insurance
6. Grantee shall hold harmless, indemnify and defend Grantor from any claim, lawsuit
or liability involving the use by the public of the Easement Area. This Section shall not apply to
claims, lawsuits or liabilities arising from the negligent or willful act or omission of Grantor.
Page 12
Notices
7. All notices, demands, consents,requests or other communications required to or
permitted to be given pursuant hereto shall be in writing, shall be given only in accordance with the
provisions of this section, shall be addressed to the parties in the manner set forth below, and shall
be delivered by certified mail return receipt requested, or by overnight courier or delivery service
with signature required,to the addresses set forth below, or to such other place as any party may
similarly in writing designate to the others. Notices shall be effective three business days after
mailing by certified mail or upon delivery by overnight courier or delivery service(or, if delivery is
not during regular business hours on a business day,then on the next business day).
The addresses of the parties to receive notices are as follows:
Grantor: POINT TIBURON BAYSIDE CONDOMINIUM
ASSOCIATION
210 Paradise Drive
Tiburon, CA 94920
Grantee: Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
Exhibits and Recitals
8. All exhibits and recitals referenced herein are incorporated into this Deed as
though set forth in full. This Deed includes the following Exhibits, which are attached and
identified as follows:
Exhibit"A": Legal Description of Easement Area
Exhibit`B": Graphic Depiction of Easement Area
Exhibit"C": Legal Description of Portion of Mar West Street Adjoining the Easement
Area
[signatures follow on next page]
Page 13
Executed on I - c,,, , 20`17, at Tiburon,Marin County, California.
GRANTOR.-..
POINT TIBURON BAYSIDE
CONDOMINIUM ASSOCIATION
iLi f
By: Henry G. McW-i nney
Its: President, Board ofDirecitcars
ATTEST:
By: George Hill
Its: Secretary of the Board
APPROVED AS TO FORM:
Scott Phillips, Association Counsel
Acknowledgment(attach notarizations as required)
Pagel 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of tn'° (1
On `�J� _C<�L > � before me, t® ilt) r✓� ` ' ` j O° 4 d.Af U k_
Date Here Insert Name and Titl6jof the Officer
personally appeared
Name(s) of Signer(s)
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/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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.
EMILY LEA STEFANI WITNESS my hand and official seal.
Notary Public-Calitornis
ja . mom County
Com ollstion#2169225 j
M Comm.E res Oct 23,2020 Signature i
ignature Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General Cl Partner — ❑ Limited ❑General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
Executed on , 2017, at Tiburon, Marin County, California.
GRANTOR:
POINT TIBURON BAYSIDE
CONDOMINIUM ASSOCIATION
By: Henry G. McWhinney
Its: President, Board of Directors
ATTEST:
By: George Hill
Its: Secretary of the Board
APPROVED AS TO FORM:
Scott Philli s, sso iation Counsel
Acknowledgment(attach notarizations as required)
,�PSU,
J
Page 4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of V 1 V )
On E � OF before me, � (,
Date Here Insert Name and Title o`f the Offic r
personally appeared 5cu VV
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personv whose name( is/ate
subscribed to the within instrument and acknowledged. to me that he/s /tho executed the same In
hi /h Otl it authorized capacity(i , and that by his/ tr signature on the Instrument the persona,
or tf5e entity upon behalf of which the personXacted, 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.
NATASHA L.OSBORNE WITNESS my hand and official seal.
NotaryPublic-California Z
Marin County
Z
Commission#2199204 Signature "� KL
My Comm.Expires May 27,2021
owqwlwwqwSignature of Notary Public
Place Notary Seal Above
OPTIONAL.
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date: CtVQ 7)) Number of Pages:
Signer(s) Other Than Named Above: �� "�—
Capacity(ies) Claimed by Signer(s)
Signer's Name: 'signer's Name:
❑Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General:-_.F-_ ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney-in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee ❑"Guardian or Conservator
❑Other: ❑ Other:
Signer Is Representing: Signer Is-Representing:
02016 National Notary Association •www.National Notaiy.org - 1-800-US NOTARY(1-800-876-6827) Item #5907
Exhibit"A"
LEGAL DESCRIPTION OF STAIRWAY ACCESS EASEMENT& PATHWAY ACCESS
EASEMENT
Lying within the Town of Tiburon, County of Marin, State of California and being a portion of
Lot 3, as shown on the subdivision map titled "Point Tiburon" filed in Volume 19 of Maps, at
Page 4, on February 16, 1984, in the office of the Marin County Recorder, more particularly
described as follows:
STAIRWAY ACCESS EASEMENT
PARCEL A
A strip of land 10.00 feet in width, the centerline of which is described as follows:
BEGINNING at a point on the northerly boundary line of said Lot 3, said northerly boundary
also being the southerly right of way of Mar West Street, from which the most northerly corner
of said Lot 3 bears North 72°29'24" West 190.03 feet; thence leaving said northerly boundary,
South 29'04'11" West 16.14 feet; thence South 14'23'15" West 4.97 feet to a point hereinafter
referred to as Point A and terminus of said strip.
The sidelines of said strip shall be prolonged or shortened as to terminate at the boundaries of
said Lot 3 and on a line perpendicular to the centerline described herein at Point A.
Together with the following described land:
PARCEL B
Commencing at a point on the northerly boundary line of said Lot 3, said northerly boundary
also being the southerly right of way of Mar West Street, from which the most northerly corner
of said Lot 3 bears North 72°29'24" West 190.03 feet; thence continuing along said northerly
boundary, South 72°29'24" East 5.10 feet to the POINT OF BEGINNING of the herein
described parcel, thence continuing along said northerly boundary South 72°29'24" East 13.11
feet; thence leaving said northerly boundary South 84'09'13" West 6.72 feet; thence North
82°31'41" West 7.88 feet to the easterly line of said PARCEL A; thence along said easterly line,
North 29'04'11" East 4.12 feet to the POINT OF BEGINNING.
PATHWAY ACCESS EASEMENT
A strip of land 10.00 feet in width, the centerline of which is described as follows:
BEGINNING at aforementioned Point A; thence South 14'23'15" West 8.98 feet; thence South
75°11'29" West 32.51 feet; thence North 74°50'51" West 33.00 feet; thence along a curve to the
left, having a radius of 17.00 feet, through a central angle of 90°00'00", for a length of 26.70
feet; thence South 15°09'09" West 28.00 feet; thence North 74°50'51" West 79.00 feet; thence
along a curve to the left, having a radius of 180.00 feet, through a central angle of 30°50'05", for
a length of 96.87feet; thence South 74°19'09" West 225.19 feet to the westerly boundary of said
Lot 3.
1360 North Dutton Avenue, Suite 150, Santa Rosa,CA 95401
Tel: (707)542-6268 Fax: (707)542-2106
www.cinquinipassarino.com
CPI No.: 7644-17
Page 1 of 2
Exhibit"A"
LEGAL DESCRIPTION OF
STAIRWAY ACCESS EASEMENT
&PATHWAY ACCESS EASEMENT
The sidelines of said strip shall be prolonged or shortened as to terminate on a line perpendicular
to the centerline described here in at Point A and at the boundaries of said Lot 3.
BASIS OF BEARING:
Being North 55°38'30" West from a found 2-inch brass disk in a standard monument well
marking the point of reverse curvature in the centerline of Paradise Drive, being at the westerly
end of the curve shown at " R=518' 0=15°01'48" L=141.39' ", to a found 2-inch brass disk in a
standard monument well marking the easterly end of a curve in the centerline of Paradise Drive
shown as " R=375' A=26°18'51" L=176.60' " as shown on Sheet 9 of 10 said subdivision map
of Point Tiburon.
END OF DESCRIPTION
See attached Exhibit `B' for a graphical depiction.
Prepared by Cinquini & Passarino, Inc.
NL LA
nthony Cin ni, P.L.S. 8614 G ��Y G. Date
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Expo o— ,
6A&
SOF CA����
1360 North Dutton Avenue, Suite 150,Santa Rosa,CA 95401
Tel: (707)542-6268 Fax: (707)542-2106
www.cinquinipassarino.com
CPI No.: 7644-17
Page 2 of 2
E
EXHIBIT '13'
THIS DIAGRAM IS FOR GRAPHIC PURPOSES ONLY. ANY
G�
RD 6�lrp .:` FST v o ERRORS OR OMISSIONS SHALL NOT EFFECT THE LEGAL
IT DESCRIPTION.
POB PARCEL B "
�L
00 y 10 1458"12'17 W
POB PARCEL A 1' 74.29-
POC PARCEL B
SITE MAP BEGIN SAE �—
NO SCALE SEE DETAIL 00AVS84.09'13"W 6.72'
N29'04'11"E N82'31'41"W 7.88'
POB PARCEL A POB 4.1?�/
POC PARCEL B _ PARCEL B ` & S29'04'11"W 16.14'
BEGIN SAE �. \ V \90� S14'23'15"W 4.97'
E a
4 Wo POINT A S14.23'15"W 8.98'
�'� �jT X229%65 END SAE
go
/ BEGIN PAE /
�. r�P PRCEL \\ MP► N�9'L /% S75"11'29"W 32.51'
1 ➢ 1 0 R=17.00'
POINT A / 0=90'00'00"----• N 74.50'51"W 33.00'
1 r END SAE L=26.70
\� �1 ➢ ` BEGIN PAE so�� S15'09'09"W 28.00'
19
\ DETAIL i �yh��1
NOT TO SCALE A / N1Ac5
10
i � LEGEND
POB POINT OF BEGINNING
R=180.00' POC POINT OF COMMENCEMENT
/ / X30'50'05" SAE STAIRWAY ACCESS EASEMENT
N13'01'24"W 17.87'
/ PAE PATHWAY ACCESS EASEMENT
r / / L=96.87' BOUNDARY LINE
0-f 1 / / // - - CENTERLINE 1D'
P D J INT r 18-1 J R 01\J /� — ———— — WIDE EASEMENT
/ — EDGE 10' WIDE
NIA
r /I ' i/// 5.00 EASEMENT
�0 0 /`/"'10.00' L OT J
5.00' P 0 1 N T rIE3UR) 01\1
/ry`ti� / 19 ]\/J,\�'J
per/ � � GRAPHIC SCALE
60 0 30
/ C a 1 inch = 60 ft.
/ /� / END PAE CINQUINI 8c PASSARINO, INC.
N / / LAND SURVEYING
W G�Raj / ® BOUNDARY 1360 No. Dutton Ave.
a E ?) � ® TOPOGRAPHIC Santa Roeo, Co. 95401
� �� SS, ® CONSTRUCTION Phone: (707) 542-6268
�4 Ss v' N11'49'21"E 107.91' ® SUBDIVISIONS Fax: (707) 542-2106
WWW.CINQUINIPASSARINO.COM
�o JOB NAME: TOWN OF TIBURON DRAWN BY:JRW CHECKED BY:AGC
N
SCALE:1"=60' DATE:7/14/2017
DESCRIPTION:PATH EASEMENT JOB :7644-17 PAGE 2 OF 2
}�
Exhibit C
Legal Description
Portion of Mar West Street, Tiburon, California
All that certain real property comprising a portion of Mar West Street, situate in the Town of
Tiburon, County of Marin, State of California, described in the deed from Hugh Boyle and Ida
Boyle to the County of Marin, recorded at Book 191 of Deeds at Page 498, Official Records of
Marin County, to wit:
FIRST: A strip of land fifty (50.0) feet wide and lying on the right or southerly side of
the following described line, to wit:
Beginning at a point distant South 73 degrees, 43 minutes, East 125.5 feet; and thence
South 52 degrees, 17 minutes, East 378.4 feet from "T.L.S. 447" of the official Survey of the
Swamp and Overflowed Tide and Salt Marsh Lands in Section 6, Township No. 1, South Range
No. 5 West M.D.X., running thence South 73 degrees, 8 minutes, East 475.7 feet.
SECOND: A strip of land sixty(60.0) feet wide and lying on the left or southwesterly
side of the following described line, to wit:
Beginning at the initial point of the first above described strip of land; running thence
North 52 degrees, 17 minutes, West 378.4 feet; thence North 7 degrees, 42 minutes, West 310.5
feet; thence North 16 degrees, 47 minutes, West 105.7 feet; thence North 46 degrees, 54 minutes,
West 95.3 feet; thence North 69 degrees, 47 minutes, West 61 feet; thence North 83 degrees, 7
minutes, West 90 feet; thence North 87 degrees, 58 minutes, West 173.9 feet; thence South 54
degrees, 5 minutes, West 91.2 feet; thence North 50 degrees, 49 minutes, West 200 feet; thence
North 57 degrees, 50 minutes, West 87 feet; thence curving to the right on the arc of a circle
having a radius of 55.64 feet, 54.56 feet; thence North 10 degrees, 20 minutes, West 93.5 feet;
thence curving to the right on the arc of a circle having a radius of 39.8 feet, 36.7 feet; thence
North 43 degrees, 00 minutes, East 185.9 feet; thence North 33 degrees, 13 minutes, East 49.9
feet; thence curving to the left on the arc of a circle having a radius of 91.25 feet, 57.6 feet; and
thence North 3 degrees, 11 minutes, West 78 feet to a point in the southerly line of Esperanza
Street, said point being distant South 3 degrees, 11 minutes, East 4 feet from a iron bolt.
END OF DESCRIPTION
CERTIFICATE OF ACCEPTANCE
This is to certify that the easement interests in real property conveyed by the Grant Deed
dated _`�.,,jA e.,,j .,n„6... .,5r , 2017, from The Point Tiburon Bayside Condominium
Association, a California nonprofit mutual benefit Corporation, as grantor, to the Town of
Tiburon, a municipal corporation, as grantee, are hereby accepted by the Town Manager of the
Town of Tiburon pursuant to authority conferred by Resolution No. `2,0-Ui7 of the Town
Council adopted on 0 C� .,r 4 , 2017, and the Town, as grantee, consents to
recordation of said Grant Deed.
Date: - , 2017 By: �
Tj Manager
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California )
County of mdrIn )
On � � / � �� before me, G11� TC��
Date /� Here Insert Name and Tdle of the Officer
personally appeared ������ �8&lf
Name(s) of Signer(s)
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/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their 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
i EMILY LEA STEFANI is true and correct.
Notary Public-California
Z `" Marin County WITNESS my hand and official seal.
Commission#2169'Ei 26
P1 MV C01041.E as Oct 23020
Signature
ignatureofI Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General
❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact
❑Trustee ❑ Guardian or Conservator ❑Trustee Cl Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907