HomeMy WebLinkAbout725 Water Street LLC - Dedication on Public Access Easement on Privately Owned Shoreline9952 PGS 6 EASE
10/12/2018 11 �2 AM $104,00 LAYNE pADILLA
Der rerson County Wry Audi for "s Of r i.e --Rose Ann Carroll, Auditor
RETURN NAME and ADDRESS
City Clerk, City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON COUNTY TREASURER
Ngasc'1r e or Print; Neati allcl l a Vfl l l' oltn,11iA111, BY:
Document Title(s)
Dedication on Public Access Easement on Privately Owned Shoreline Area
Reference Number(s) of Related Documents
Grantor(s) (Last Name, First Name, Middle Initial)
725 Water Street LLC, a Washington limited liability corporation
Grantee(s) (Last Name, First Name, Middle Initial)
City of Port Townsend, a Washington municipal corporation
Legal Description (Abbreviated form is acceptable, i.e. Section/Township/Range/Qtr Section or Lot/Block/Subdivision)
PORT TOWNSEND O.T. BLK 7 LOT 5(E 1/2), 6(E29'1) INCL TL DIST 34 & 35;
PORT TOWNSEND O.T. BLK 7 LOTS 5(W1/2), 6(W25'11), LOTS 7 & 8(ALL) INCL TL DIST 36 --39
Assessor's Tax Parcel ID Number 989-700-708 and 989-700-709
The County Auditor will rely on the information provided on this form. The Staff will not read the document
to verify the accuracy and completeness of the indexing information provided herein.
Sign below only if your document is Non -Standard.
I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010.
I understand that the recording processing requirements may cover up or otherwise obscure some parts of
the text of the original document. Fee for non-standard processing is $50.
Signature of Requesting Party
AFTER RECORDING, RETURN TO:
City Clerk
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend WA 98368
DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
GRANTOR: 725 Water Street LLC., a Washington limited liability corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
THE GRANTOR, 725 WATER STREET L.L.C. (hereafter "Grantor'), a
Washington limited liability corporation, whose mailing address is PO Box 408, Port Townsend,
WA, 98368, for good and valuable consideration, and in consideration of City permit No.
LUP16-024, conveys and dedicates to the GRANTEE, CITY OF PORT TOWNSEND
(hereafter "Grantee" or "City"), 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 — General Description: The Easement Area (or "Easement"), as depicted in
EXHIBIT A attached hereto, lies landward of the rip -rap seawall extending from the easterly
edge of Adams Street right-of-way to the easterly edge of Lot 5, Block 7 of the Port Townsend
Original Townsite. The width of the easement varies as follows:
• A minimum 13 -foot wide developed esplanade constructed atop the existing riprap
seawall extending from the easterly -edge of the Adams Street right-of-way to the
westerly edge of the historic Clapp Building, narrowing to
• A minimum 9 -foot width from the westerly edge of the historic Clapp Building to the
easterly edge of Lot 5, Block 7 of the Port Townsend Original Townsite.
This easement area is hereinafter referred to as the "Waterwalk Easement" or "Waterwalk."
1. Burdened Property:
PARCEL A:
Port Townsend Original Townsite, Block 7 Lots 5(W 1/2), 6(W25'11), LOTS 7 & 8(ALL)
including Tidelands 36-39; Jefferson County's Assessor parcel number 989-700-709.
PARCEL B:
Port Townsend Original Townsite Block 7 Lot 5(E 1/2), 6(E29'1) including Tidelands 34
& 35; Jefferson County's Assessor parcel number 989-700-708 (Historic Clapp Building)
All situate within SW %4 of Section 1, NW 1/4 Section 12, Township 30 North, Range 1
West, W.M.
More commonly known as: 725 Water Street, the Clapp Building
Jefferson County Tax Assessor's Nos.: 989-700-708 and 989-700-709.
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 Waterwalk Easement 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 public access
improvements that may now exist or that may become available in the future. This Easement
shall forever burden, run with, and touch and concern the above described property.
3. Public Use of Easement Areas — Limitations
3.1 Pedestrian 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.
3.2 Closure for Maintenance or Repairs and Public Safety Concerns. On the
Grantee'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.
3.3 Hours when Easement Area is Oaen to the Public,
3.3.1 The Waterwalk Easement from the easterly edge of the Adams Street
right-of-way to the westerly side of the historic Clapp Building shall be open to
the public at all times, 24 hours per day.
3.3.2 Public access for that portion of the Waterwalk Easement extending from
the westerly edge of the historic Clapp Building to the easterly property line shall
be twenty-four hours a day unless otherwise agreed to in writing by the City and
the Grantor or Grantor's successor in interest. All hours for public access shall be
prominently posted at the point of entry by the Grantor in a manner approved by
the Grantee.
4. Maintenance of Easement Area — Obligation of Grantors:
4.1 General Maintenance Responsibilities. Improvements, including landscaping in the
Easement Area shall be installed and maintained 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 standard of maintenance for improvements within the
easement area shall be the same as practiced by the City regarding its waterfront parks,
docks, and public shoreline deck areas. 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, landscaping or other features of the
public walkway area. 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. The Grantor shall be responsible for collection and disposal of litter
deposited within the easement area.
4.2 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 Easement 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 Easement.
4.3 Public Access Signs. When 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. All public access signs shall meet Port Townsend's
historic district guidelines for color, size, and design.
4.4 Obligations Run with the [,and. The maintenance obligations stated in paragraphs 4.1-
4.3, shall burden, run with, and touch and concern said legally described real property.
5. 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.
6. Estoppel: The Grantor and the Grantee 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.
7. 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 Grantee within ten (10) days of the date of the
execution of this Dedication of Public Access Easement on Privately Owned Shoreline
Area.
DATED this I"' day of August 2018.
GRANTORS:
725 Water Street L.L.C.
By:
Manager Partner
STATE OF WASHINGTON)
J� ) ss.
COUNTY OF MON)
On this day of ��wwww 2018, before me, a Notary Public in and for
the State of Washington, duly cownirai, sionc,d and sworn, personally appeared Todd Crosby, and
who executed the within and foregoing instrument, and acknowledged that he signed the same as
his free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of.,. si7 , 2018.
AUSSA @LACK
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l lerc r �ireer cod, City._Attorney
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