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Jefferson County, WA KELLOGG BUILDING LLC EASE2 /24000s2'tBP
AFTF,R RECORDING, RETURN TO:
City Clerk
City of fort Townsend BCD
181 Quincy Street, Suite 201
Port Townsend WA 98368
NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON QQQNTY TREASURER
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DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
GRANTOR: Kellogg Building, LLC, a Washington limited liability corporation
GRANTEE: City of Port Townsend, a Washington municipal corporation
THE GRANTOR, Kellogg Building, LLC, a Washington limited liability corporation,
whose mailing address is 929 Water Street, Port Townsend, WA, (98368) herein referred to as
the Grantor, for good and valuable consideration, and in consideration of City permit no
BLDG02 -147, 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 is that area lying 20 feet within the Burdened Property that
is seaward of the rear, shoreline facing wall of the Kellogg Building and is referred to in this
document as the " Waterwalk Easement" or " Waterwalk." The innermost 10 feet wide portion of
the Waterwalk is also occupied with a cantilevered steel deck situated above the beach face and
adjacent to commercial tenant space on the Kellogg Building main floor and is referred to as the
"Deck Easement" or "Deck." Two cantilevered balconies adjacent to the second floor of the
Kellogg Building are not within either the Waterwalk or Deck Easements and are to remain
private.
Burdened Property: The west 33 feet of Lots 5 and 6 and the east 12 feet of Lots 7 and 8 in
Block 9 of the Port Townsend Original "Townsite of the City of Port Townsend, as recorded in
Volume 1 of Plats, page 1, Records of Jefferson County, together with the Tideland District No.
54 and the northeasterly 45 -feet in width of Tideland District No. 55 (formerly Tideland Tax
Lots B and C) as designated on the map of tidelands within or in front of said City of Port
Townsend.
More commonly known as: 929 Water Street, the Kellogg Building
Jefferson County Tax Assessor's No.: 989 700 904
1. Purpose of Easement; Use of Easement Area: The purpose of the easement is to allow
pedestrian access and entry onto the easement area by the general public and all members
thereof for their peaceful enjoyment of the easement area and the waters of Port
Townsend Bay, subject to the terms of this Easement. The public access (easement)
dedication allows connection with other public access walkway improvements in the
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vicinity. This easement shall forever burden, run with, and touch and concern the above
described property.
2. Public Use of Easement Areas — Limitations:
2.1 Interim Use of the Deck Easement. As a condition of Shoreline Permit approval
(LUP03 -122), the Deck Easement that comprises the cantilevered main floor deck
of the Kellogg Building is reserved as a public facility. However, at the present
time this Deck Easement is only accessible via the interior of the building by way
of Water Street. Until such time as a more complete structural connection to an
adjoining public right -of -way can be made (most likely, but not limited to, a
connection eastward to the Tyler Street right -of -way) general public use of the
Deck Easement will be necessarily limited by the hours and type of operation
undertaken in the adjoining main floor tenant space. The Owner, tenant or lessee
adjoining the Deck easement shall not permit any private use of the Deck
Easement that interferes with the purpose of this Easement, namely, to allow
pedestrian access and entry onto the easement area by the general public and all
members thereof for their peaceful enjoyment of the easement area and the waters
of Port Townsend Bay. Any violation of the terms of this provision constitutes a
zoning code violation, subject to appeal as provided by the Port Townsend
Municipal Code.
222 Pedestrian Access. Except as provided herein, access to the Waterwalk and Deck
Easements shall be limited to foot traffic only. Access to the easement area by
motorized vehicles (other than motorized wheelchairs, maintenance and repair
vehicles or emergency vehicles) shall be specifically prohibited from this
dedication.
2.3 Closure for Maintenance or Repairs and Public Safety Concerns. The easement
area may be closed 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.
2_4 Hours when Easement Area is Open to the Public.
e 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 terminated, then the Waterwalk Easement is open to the
public at all times, 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.
e Until such time as the Deck Easement is connected to another public way, the
Deck Easement shall be open to the public during normal business ho
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• When the Deck Easement is connected to an adjoining public way, it shall be
open to the public daily from 7 a.m. to 10 p.m. During all hours when the
Deck Easement is not open to the public, it may be closed to public access by
the Grantor or its heirs, successors, or assigns in a manner approved by the
City. PROVIDED, City will work with Grantor (or its heirs, successors or
assigns) to reduce hours if late night activity becomes a problem, giving due
regard to Grantor's (or its heirs', successors' or assigns') need for peace and
quiet. At such time as the Deck Easement is connected to the beach face or
an adjoining public way, all hours for public access shall be prominently
posted at the point of entry by the applicant in a manner approved by the
City.
3. Maintenance of Easement Area — Obligation of Grantors:
3.1 General Maintenance Responsibilities and Hold Harmless. In consideration of the
execution of this Easement to fulfill a condition to obtaining final permit approval
for the development of the burdened property within the public shoreline
environment, Grantor's, and their heirs, successors or assigns; having primary use
of the deck area, 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 hold the City of Port Townsend harmless from any claims,
real or imaginary, asserted by any person for injury or damages resulting from
Grantor's negligence in maintaining the Waterwalk & Deck Easements.
Maintenance obligations of the Grantor's 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. This covenant of maintenance and the obligation of the
Grantor's to hold harmless the City shall run with the land.
3.2 Landscaping and Maintenance of Ve eta. Any landscaping and or
development of the Easement Areas shall be accomplished in a manner consistent
with plans on file with the City for the shoreline substantial development and
conditional use 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.
3.3 Public Access Sins. 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 to the public entry for the Waterwalk and Deck Easements.
All public access signs shall meet Port Townsend's historic district guidelines f
color, size, and design.
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3.4 Public Deck Easement — Additional Maintenance Obli ate. The maintenance
obligations stated within paragraph 3 shall forever 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 their 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.
4. Destruction or Removal of the Deck Area:
The Deck Easement is made subject to the requirement that in the event the deck
extension 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, the Owner shall not be obligated to reconstruct the deck.
In the event the Owner shall reconstruct the deck or a portion thereof, the deck shall be
subject to all the terms of this Easement. 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.
5. Recording: This Easement dedication document shall be recorded in the Auditor's
Office of Jefferson County.
6. 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.
Thr
DATED this 42 r day of //` , 2005.
GRANTO
KELL0G{VB1VWWNG, LLC
By:
Preside
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Jefferson County, WA KELLOGG BUILDING LLC EASE 24.00
STATE OF WASHINGTON)
) ss.
COUNTY OF JEFFERSON)
On this A2 day of , 2005, before me, a Notary Public in and for
the State of Washington, duly co ioned and sworn, personally appeared Duncan Kellogg,
and who executed the within and regoing 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 w2 day of , 2005.
John Watts, City Attorney
City of Port Townsend
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Notary Public i d for the State of
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Approved as to form:`'
John Watts, City Attorney
City of Port Townsend
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Jefferson County, W4 KELLOGG BUILDING LLC EASE 24.00
EXHIBIT A
20 ft. Waterwalk easement