HomeMy WebLinkAboutMetis, L.L.C. - Dedication of Public Access Easement on Shoreline AreaDEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
GRANTOR: Metis L.L.C., a Washington limited liability corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
THE GRANTOR, METIS L.L.C., a Washington limited liability corporation, whose
mailing address is PO Box 411, Port Townsend, WA, 98368, for good and valuable
consideration, and in consideration of City permit No. LUP 12-044, conveys and dedicates to the
GRANTEE, CITY OF PORT TOWNSEND, a Washington municipal corporation, an
easement for public ingress, egress, and recreational purposes over, across, and through the
following described real estate, situated in the County of Jefferson, State of Washington,
including any after acquired title:
Easement Area: The Easement Area (or "Easement") is that area 20 feet in width located within
the southerly 20 feet lying on the beach face of the Burdened Property (as defined below). The
Easement Area is generally located immediately seaward of and adjacent to the rear, shoreline
southern facing wall of the Bartlett Building. This 20 foot wide area is hereinafter referred to as
the "Waterwalk Easement" or "Waterwalk." The Easement also includes the area above the
beach face except as noted below. The innermost 10 foot wide portion of the Waterwalk is
occupied with a post -and -pier wood member deck situated above the beach face and adjacent to
commercial tenant space within the Bartlett Building's ground (main) floor. This innermost 10
foot wide area is hereinafter referred to as the "Deck Easement" or "Deck." An upper level deck
is constructed off the second floor of the Bartlett Building and is part of the same post -and -pier
deck system that supports the main floor deck. This second floor, or upper level, deck is not
within the either the Waterwalk or Deck Easements and is to remain a private area. A drawing
depicting the Easement Area is attached hereto as EXHIBIT A.
Burdened Property:
PARCEL A:
Beginning at the Northwest corner of Lot 4 in Block 8 of the Original Townsite of the
city of Port Townsend, as per plat recorded in Volume 1 of Plats, on page 1, records of
Jefferson County, on the Southerly boundary of Water Street;
Thence Westerly, along the Southerly boundary of Water Street 52'/2 feet;
Thence Southerly at right angles 110 feet;
Thence Westerly at right angles 1 %2 feet;
Thence Southerly at right angles 110 feet;
Thence Easterly at right angles 54 feet;
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AFTER RECORDING, RETURN TO:
City Clerk
1" 0 C=1FA,C... L ST/\i'°C.
City of Port Townsend
EXCI SE CAt,X REOL-JlRED
250 Madison Street, Suite 2
JEFI: EERS;`ON CC)L1Pd.1..Y T1::iEA aURER
Port Townsend WA 98368
BY.
DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
GRANTOR: Metis L.L.C., a Washington limited liability corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
THE GRANTOR, METIS L.L.C., a Washington limited liability corporation, whose
mailing address is PO Box 411, Port Townsend, WA, 98368, for good and valuable
consideration, and in consideration of City permit No. LUP 12-044, conveys and dedicates to the
GRANTEE, CITY OF PORT TOWNSEND, a Washington municipal corporation, an
easement for public ingress, egress, and recreational purposes over, across, and through the
following described real estate, situated in the County of Jefferson, State of Washington,
including any after acquired title:
Easement Area: The Easement Area (or "Easement") is that area 20 feet in width located within
the southerly 20 feet lying on the beach face of the Burdened Property (as defined below). The
Easement Area is generally located immediately seaward of and adjacent to the rear, shoreline
southern facing wall of the Bartlett Building. This 20 foot wide area is hereinafter referred to as
the "Waterwalk Easement" or "Waterwalk." The Easement also includes the area above the
beach face except as noted below. The innermost 10 foot wide portion of the Waterwalk is
occupied with a post -and -pier wood member deck situated above the beach face and adjacent to
commercial tenant space within the Bartlett Building's ground (main) floor. This innermost 10
foot wide area is hereinafter referred to as the "Deck Easement" or "Deck." An upper level deck
is constructed off the second floor of the Bartlett Building and is part of the same post -and -pier
deck system that supports the main floor deck. This second floor, or upper level, deck is not
within the either the Waterwalk or Deck Easements and is to remain a private area. A drawing
depicting the Easement Area is attached hereto as EXHIBIT A.
Burdened Property:
PARCEL A:
Beginning at the Northwest corner of Lot 4 in Block 8 of the Original Townsite of the
city of Port Townsend, as per plat recorded in Volume 1 of Plats, on page 1, records of
Jefferson County, on the Southerly boundary of Water Street;
Thence Westerly, along the Southerly boundary of Water Street 52'/2 feet;
Thence Southerly at right angles 110 feet;
Thence Westerly at right angles 1 %2 feet;
Thence Southerly at right angles 110 feet;
Thence Easterly at right angles 54 feet;
Thence Northerly at right angles along the Westerly boundary of Lot 3 and 4 of said
Block 8, 220 feet to the Southerly boundary of said Water Street and the Point of
Beginning;
Said tract being also known as the East 54 feet of Lot 5, and the East 52%2 feet of Lot 6 in
Block 8 of the Original Townsite of the City of Port Townsend.
Situate in the County of Jefferson, State of Washington
PARCEL B:
Tideland district No. 47
EXCEPT the Westerly 1 foot thereof of the Tideland of the First Class in front of the City
of Port Townsend.
Situate in the County of Jefferson, State of Washington
More commonly known as: 825 Water Street, the Bartlett Building
Jefferson County Tax Assessor's No.: 989 700 506
2. Purpose of Easement; Use of Easement Area: The purpose of the Easement is to allow
pedestrian access and entry by the general public and all members thereof for their peaceful
enjoyment over, across and on the Easement Area and the waters of Port Townsend Bay, and
to provide public access to and viewing of the shoreline, subject to the terms herein. The
public access easement allows connection of the easement area with other public access
walkway improvements and public access easements in the vicinity. This Easement shall
forever burden, run with, and touch and concern the above described property.
3. Public Use of Easement Areas — Limitations; Relationship to Off -Site Property:
3.1 Use of the Deck Easement — Building Code Requirements. As a condition of
Shoreline Permit approval (LUP12-044), the Deck Easement is to be reserved for public
access subject to the terms herein. LUP12-044 approval also anticipated use of the Deck
Easement in support of an adjoining private, water -enjoyment commercial use originating
within the adjoining portions of the Bartlett Building (i.e. a restaurant/pub), and such
private uses are allowed so long as they do not unreasonably interfere with the public's
use of the easement. The City reserves the right to place restrictions on uses and
improvements in the Easement Area to maintain public access.
LUP 12-044 approval further noted that certain private commercial use of the Bartlett
Building and the adjoining Deck Easement require a second means of egress under the
City's adopted building codes that are currently in effect. At the time of LUP 12-044
approval the only permanent means of access to the Deck Easement is via the interior of
the Bartlett Building by way of Water Street.
3.2 Off ' -site "Alley" list rovements and Second Means of Egress, Physical
improvements currently exist which connect the Deck Easement to a public sidewalk in
the nearby Taylor Street right-of-way. While these improvements offer a potential
second means of egress for the private uses anticipated in the Bartlett Building and on the
Deck Easement, they lie off-site and across land owned by another party. These off-site
improvements are hereinafter referred to as the "Alleyway" or "Alley", the location of
which is depicted on Exhibit A of that Utility Easement recorded under Auditor's File
Number 568031, Records of Jefferson County, Washington. The location of the Alley
and its relationship to the Deck and Waterwalk Easement is also depicted on Exhibit A of
this document. At the present time, the Alley consists of an irregular wooden deck
surface approximately nine (9) feet in width. It lies between two (2) existing buildings
located between the Burdened Property and Taylor Street. Refuse and recycling
containers currently occupy the southern three (3) feet of the Alley, leaving an open
corridor width of approximately six (6) feet in which pedestrian travel could occur
between the Deck Easement and Taylor Street. Grantor has obtained a non-exclusive
revocable license agreement ("license") for the Alley from the adjoining property owner.
This license formalizes pedestrian access rights from the Bartlett Building and Deck
Easement to the Taylor Street right-of-way. As long as said license remains in effect, the
City agrees it can serve as a second means of egress subject to fulfilling any building
code mandated improvements to the Alley that are necessary for it to serve said purpose.
No Alley improvements were proposed or reviewed as part of the approval for LUP 12-
044. The range of Alley improvements that may be needed to fulfill Grantor's desired
purpose as a second means of egress may include, but are not limited to, surface
improvements, fencing/gating, locks, lighting and/or signage. Any and all improvements
necessary for the Alley to serve as second means of egress will require additional permits
and approvals from the City which are the responsibility of the Grantor to obtain.
3.3 Sus e ision or Revocation �IChaii e of License Agreement. As currently
presented, Grantor's license agreement with the underlying Alley owner is explicitly
revocable upon Grantor's receipt of 60 -days notice, and can further be updated by the
owner to include re -defining the area subject to the license agreement. In such an event,
Grantor agrees to notify the City within 48 hours of receiving notice of any pending
license revocation or update. Furthermore, Grantor hereby acknowledges that if said
license is revoked, or updated in a manner that renders the access no longer compliant
with City codes or permit requirements, the City is authorized to suspend occupancy of
the Deck Easement and/or those portions of the Bartlett Building which rely upon the
Alley as a second means of egress. In lieu of a full occupancy suspension, the City may
at its own discretion establish other terms and/or conditions for compliance by the
Grantor that would allow continued use of the Deck Easement and those portions of the
Bartlett Building dependant on the Alley for egress purposes.
3.4 Private Use of the Deck Easement: Until a more permanent easement and
structural connection to an adjoining public right-of-way is made (most likely, but not
limited to, a connection westward to the Taylor Street right-of-way) general public access
to and use of the Deck Easement is limited by the hours undertaken in the adjoining main
floor tenant space or as otherwise conditioned by this Easement. As Grantor desires to
make private use of the Easement Area, said use may be established via a separate Deck
Use Agreement with the City. At such time as a connection directly to the Easement
Area or to an adjoining public way is completed, any use (or Deck Use Agreement) shall
be reviewed for consistency with the public access provisions of this Easement document
and the City's Shoreline Master Program (SMP).
3.5 Pedestriami Access. Except as provided herein, access within the Waterwalk shall
be limited to foot traffic only. Access within the easement area by motorized vehicles
(other than motorized wheelchairs, maintenance and repair vehicles or emergency
vehicles) is specifically prohibited from this dedication.
3.6 Closure for Maintenance or Repairs ancl. Public Safety Concerns. On the City's
prior approval, the Grantor may close the easement area for a reasonable period from
time to time on a temporary, short-term basis for maintenance or repairs to be
accomplished, when weather conditions may present a safety hazard, or when the Grantor
or Grantee reasonably deem closure to be necessary for public safety reasons.
3.7 1lotirs when Easement Area is Oven to the Public.
3.7.1 The Waterwalk Easement that is outside of and that does not comprise the
Deck Easement shall be open to the public at all times, 24 hours per day. If the
Deck Easement is ever terminated, then the Waterwalk Easement continues to
remain open to the public at all time 24 hours per day. Public use of the beach
face is governed by all state and local regulations concerning camping, fires,
litter, noise and all other nuisance type of behavior.
3.7.2 Unless the license to use of the Alley has been revoked or revised in a
manner in a manner that renders the access no longer compliant with City codes
or permit requirements (as outlined in Section 3.3, above), the Deck Easement
shall be open to the public daily from 7 a.m. to 11 p.m. (or from 7 a.m. to the
close of business for the adjoining commercial tenant space within the Bartlett
Building, whichever is later). If the occupant of main floor tenant space does not
"open" the Deck Easement for its use (for example, due to weather, or because the
occupant chooses not to operate within the Deck Easement), the Easement is still
available for public access during business hours of the occupant. During all
hours when the Deck Easement is not open to the public, it may be closed to
public access by the Grantor or Grantors' heirs, successors, or assigns in a manner
approved by the City. All hours for public access shall be prominently posted at
the point of entry by the applicant in a manner approved by the City.
4. Maintenance of Easement Area — Obligation of Grantors:
4.1 General Maintenance 'Res onsibilities and Hold Harmless. In consideration of the
execution of this Easement towards fulfilling one condition of Shoreline permit approval for
the Burdened Property, Grantors, and their heirs, successors or assigns shall have the sole
and separate responsibility for maintaining all portions of the Waterwalk and Deck
Easements to which the general public shall have access, and shall defend, save, and hold the
City of Port Townsend harmless from any claims, real or imaginary, asserted by any person
for injury or damages resulting from improper maintenance of the Waterwalk and Deck
Easements. Maintenance obligations of the Grantors or their heirs, successors, or assigns
shall include the maintenance and repair of all improvements, including but not limited to all
surface areas, signs, or other features of the public walkway area. The Grantor shall be
responsible for collection and disposal of litter deposited within the easement area. The
standard of maintenance for improvements within the easement area shall be the same as
practiced by the City in regard to its waterfront parks, docks, and public shoreline deck areas.
This covenant of maintenance and the obligation of the Grantors to defend, save, and hold
harmless the City shall run with the land.
4.2 Landscaping and Maintenance of Vegetation. Any landscaping and or development of
the Easement Area shall be accomplished in a manner consistent with plans on file with the
City for the permits issued by the City for development of the property or as otherwise
approved by the City. The use of herbicides is prohibited within or around the Easement
Area, except as specifically approved by the City, and in accordance with adopted City
regulation and policy.
4.3 Public Access Signs. At such time as the City deems appropriate, the Grantor shall
install and maintain public access signs as directed by the City, which may be at the right of
way or other public entry for the Waterwalk and Deck Easements. All public access signs
shall meet Port Townsend's historic district guidelines for color, size, and design.
4.4 Public Deck Easement — Additional Maintcnapee Obligations. The maintenance
obligations stated in paragraph 4. 1, shall burden, run with, and touch and concern said legally
described real property. In addition to other maintenance obligations stated in this easement,
the Grantors or Grantors' heirs, successors, or assigns shall maintain and repair all
improvements, including but not limited to the deck supports, surfacing, hand rails, signs, or
other features of the Deck Easement. The standard of maintenance for the Deck Easement
shall be the same as practiced by the City in regard to its waterfront docks and public
shoreline deck areas.
5. Destruction or Removal of the Deck Area: The Deck Easement is made subject to the
requirement that in the event the deck area depicted on the drawing attached hereto as
EXHIBIT A is ever substantially destroyed or damaged by casualty such that the deck area
is unusable or unsafe, the Deck Easement portion of this document shall terminate, except as
provided in this Easement. In such event, Grantors or Grantors' heirs, successors, or assigns
shall not be obligated to reconstruct the deck. In the event Grantors or Grantors' heirs,
successors, or assigns desires to reconstruct the deck or a portion thereof, the deck shall be
subject to the terms of this Easement regards access. Destruction or removal of the deck area
and Deck Easement shall not alter, affect or in any way extinguish the 20 foot wide
Waterwalk Easement.
6. Recording: This Easement dedication document shall be recorded in the Auditor's Office of
Jefferson County. Fees for recording are the responsibility of the Grantor. The original
recorded version must be returned to the Development Services Department and copy will be
made available for the Grantor.
7. Estoppel: The grantor and the City agree that this Dedication and Easement is effective
notwithstanding that there is no legal description of the Easement Area, and agree they are
each estopped to deny its validity on that basis. In the event of a disagreement on its
location, the parties authorize the Presiding Judge of the Jefferson County Superior Court to
enter an order, following evidentiary hearing, that legally defines the easement area.
8. Authorization: Each individual executing this instrument on behalf of the corporation(s)
represents and warrants that he/she is duly authorized to execute and deliver same on behalf
of the corporation(s) in accordance with a duly adopted resolution of the Board of Directors
of the corporation, or in accordance with the By Laws of said corporation(s), and that this
instrument is binding upon the corporation(s) in accordance with its terms. A certified copy
of such resolution shall be furnished to the City within ten (10) days of the date of the
execution of this Dedication of Public Access Easement on Privately Owned Shoreline
Area.
DATED this _ ..................................
day of J ne 2013.
GRANTORS:
METIS L.L.C.
P
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this Z day of ...................._, 2013, before me, a Notary Public in and for
the State of Washington, dryly ommissioned and sworn, personally appeared Kristen Nelson,
and who executed the within and foregoing instrument, and acknowledged that she signed the
same as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of _( 2013.
Approved as to form:
John Watts, City y Attor�r oy
City of Port Townsend
(Pr i Name)m � s
Notary Pu, 'c in and for the State of
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