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Home My WebLink AboutTC Res 2001-07-13 r-. RESOLUTION NO. 39-2001 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON APPROVING AN AGREEMENT AND ACCEPTING AN EASEMENT FOR THE PURPOSE OF CONSTRUCTING THE FERRY AREA ACCESS AND SAFETY IMPROVEMENT PROJECT WHEREAS, the Town of Tiburon has obtained funding from the State of California to construct the Ferry Area Access And Safety Improvement Project ("Project"); and WHEREAS, the Town wishes to construct a portion of the Project on property owned by Edward G. Zelinsky, Laleh Zelinsky and Barbara Z. Abrams ("Grantors"); and WHEREAS, the Grantors are willing to grant an easement to the Town for purposes of constructing the Project, subject to the terms and condition of the Grant of Easement and Agreement attached hereto, which is incorporated herein by reference; and WHEREAS, the Town is willing to accept the easement and the terms and conditions of the Grant of Easement and Agreement. - NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon that the Town of Tiburon approves the Grant of Easement and Agreement and accepts the easement offered by the Grantors. The Easement Agreement shall be executed by the Mayor and shall be recorded with the Office of the Marin County Recorder. The Town Attorney is authorized to execute any other documents that may be necessary or appropriate to complete this transaction. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on July 18, 2001 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Bach, Gram, Matthews, Slavitz, Thompson None None ANDREW THOMPSON, Town ofTiburon '" A~ D'IANE CRANE I COPI, T ~ CLERK r .'. ,,-... Recording Requested by: Diane Crane Iacopi Town Clerk of the Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 GRANT OF EASEMENT AND AGREEMENT This Agreement made this \ 3 -cl-... day of ~ u..-y-e.- , 2001, by and between Edward G. Zelinsky, Laleh Zelinsky and Barbara Z. Abrams, he inafter referred to as "Grantors,'! and the Town ofTiburon, hereinafter referred to as "Grantee." Recitals 1. Grantors are the owners of certain real property (a portion of which is underwater) commonly known as 5 Main Street, Tiburon, Marin County, State of California (APN # 059-151-41) ("Easement Site"). ,...., 2. Grantee is the owner of certain real property immediately adjoining Grantors' property, commonly known as "Shoreline Park" or 1920 Paradise Boulevard, Tiburon, Marin County, State of California (APN # 059-163-01) ("Shoreline Park"). Shoreline Park is more particularly described in Exhibit A 3. A public ferry service is operated on a dock located adjacent to the Easement Site and the Shoreline Park. Grantee has received funding to construct the "Ferry Area Access & Safety Improvement Project" ("Project"). The purpose of the Project is to improve assess to the ferry terminal, particularly for persons with mobility problems; and 4. The Grantee currently holds an easement over an area adjacent to the Easement Site by virtue ofa Grant Deed from the Fred and Juanita Zelinsky Trust dated Apri120, 1977 and recorded in the Official Records of Marin County as document No. 21815 in Book 3195, page 172, on May 2, 1977 ("1977 Easement"). Exhibit D contains a copy of the 1977 Easement. The 1977 Easement is the site of the Allan Thompson Bridge, which provides access to the ferry dock. To improve the accessibility of the ferry dock to persons with impaired mobility, Grantee wishes to create a public Walkway over the Easement Site, which will replace and extend the existing Allan Thompson Bridge. Grantee therefore desires to acquire an easement over the Easement Site for the purpose of constructing and maintaining said Walkway as a part ofthe Project. NOW, THEREFORE, the parties agree as follows: ,,-... I r-. 1. Grant: For valuable consideration, Grantors hereby grant to Grantee an easement as hereinafter-described ("Easement"). 2. Description and Use of Easement: The Easement is for the purpose of (a) allowing Grantee to construct, and maintain the Project; and (b) providing public access to the Project improvements and the ferry. 3. Location: The location of the Easement shall be as described on Exhibit B and shown on Exhibit C. 4. Exclusiveness of Easement: The Easement granted herein is exclusively for the purposes set forth in Section 3 of this Agreement and to provide public access to the dock. 5. Character of Easement: The Easement shall be appurtenant to Shoreline Park. 6. Reconveyance of Prior Easement: Grantors have previously conveyed to Grantee an easement for public access, by a Grant dated April 20, 1977 and recorded as Document No. 21815, in Book 3195, page 172 of the Official Records of Marin County on May 2, 1977 ("Prior Easement"). A portion of the Prior Easement, consisting of some or all of that segment of the Prior Easement located on property commonly known as 9 Main Street in Tiburon will no longer be used for public access after the Town has completed the Project ("Obsolete ~ortion"). After the Project is complete, the Town will determine the exact configuration of the Obsolete Portion and re-convey it to Grantors. --- 7. Secondary Easements: The Easement includes incidental rights of maintenance, repair, and replacement, described as follows: the right to go upon Grantors' property with necessary equipment for the maintenance or repair of the Project once constructed. 8. Hold Harmless and Insurance: Grantee shall hold harmless, indemnify and defend Grantors from any claim, lawsuit or liability involving the construction of the Walkway or its subsequent use by the public. 9. Ownershio of Improvements: Grantee shall retain ownership of any improvements placed in the easement. Grantors shall have the right to review and approve the proposed improvements, which approval shall not be unreasonably withheld. By execution of this instrument, Grantors indicate their approval of the Project. 10. Commencement of Use: If Grantee does not complete construction of the Project within two (2) years of the date of this easement, this Agreement shall automatically become null and void, unless extended by written agreement of the parties. The two-year time period shall be tolled during the pendency of any litigation challenging construction of the Project. --- 2 ?'- 11. Other Responsibilities of Grantee: Grantee shall begin maintaining the Allan Thompson Bridge and the site of the Easement upon execution of this Agreement. The 1977 Easement is hereby amended such that Grantee and its lessees shall be solely responsible for maintaining the Walkway in a clean and safe manner. Grantee shall be responsible for any transfer taxes or other costs associated with the grant and recordation of this easement. 12. Arbitration: The parties agree that any dispute between the parties regarding the terms or application of this agreement shall be submitted to binding arbitration. 13. Entire AlZTeement: 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, signe9 by the party to be charged. 14. Bindinll 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. 15. Exhibits: This Agreement includes the following Exhibits, which are attached hereto and incorporated herein by reference: ;:::::;. Exhibit A: Exhibit B: Exhibit C: Exhibit D Shoreline Park (Dominant Estate) Easement (Legal Description) Easement (Diagram) 1977 Easement Executed on \. '3 &0) 9" ~ . J-CC ( at Tiburon, Marin County, California GRANT \ Edward G. Zelinsky ~ --Z ,-L0\ Laleh Zelinsky v ~ :----- 3 -'"" - - GRANTEE C~~ APPROVED AS TO FORM: e::::~ 4