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Home My WebLink AboutBallenas, Inc/Cannery Bldg t!. ?O-j (~ 9 ....."",,0_- -:£ - - -" ltFì ~ ,-,-:-:.~lqLQþ -- ';---:~9?=r ,Y~-h1\:~~~---"-' þ,,-, ';1 :'-P ~'\3. ~- " ~-- I.. _.' : . ,- , j - - c '----'- - - - n- - -' ~---: AFrER RECORDING, RETURN TO: City Clerk City of Port Townsend City Hall 540 Water Street Port Townsend. WA 98368 NO REAL EST ATE SALES TAX REQUIRED COUNTY TREASURER BY ~ÝJ~,ø¡ ^"JI~ - // DEDICATION OF PUBLIC ACCFSS EASEMENT ON PRIVATELY OWNED SHORELINE AREA GRANTOR: GRANTEE: Ballenas, Inc., a Washington corporation City of Port Townsend, a Washington municipal corporation THE GRANTOR, Ballenas, Inc., a Washington corporation, whose mailing address is: 1747 Boundary Road, Vancouver, B.C., V5M 2Y7, herein referred to as the Grantor, for good and valuable consideration, 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: Dedicated Easement Area: The Southerly 10 feet of Lot 2 and Lot 4, EXCEPT the Westerly 40 feet of Lot 4, ALSO the Northerly 12 feet of Lot 1 and Lot 3 C"Waterwalk easement"), Together wilh a 10 foot public access easement over and across a deck built along the Southerly and Westerly sides of the Cannery Building on Lot 1 and Lot 3, ("Deck easement"). Said deck area shall be connected to the Waterwalk easement area as depicted on EXIllBIT A, enabling continuous pedestrian access along both the Waterwalk easement area and the Deck easement area, All in Block 7 of the Original Townsite of Port Townsend as per plat recorded in Volume 1 of Plats, page I, records of Jefferson County, Washington. Situate in Jefferson County, State of Washington. The "Easement Area" is graphically depicted on the non-scaled drawing attached hereto as EXHIBIT A. q<õq -lI.>O-lcl 1. Burdened Property: The Grantor owns the real property legally described as follows: All of Lots 1 and 3, and that pardon of Lots 2 and 4, EXCEPT the Westerly 40 feet of said Lot 4, lying Southerly of the Meander Line; ALSO the Easterly 40 feet of said Lot 2, lying Northerly of the Meander Line, all in Block 7 of the Original Townsite of Port Townsend as per plat recorded in Volume 1 of Plats, page I, records of Jefferson County, Washington, also described as a portion of Tideland District 32, as said District is designated on the map of tidelands within or in front of the City of Port Townsend, filed with the State Board of Equalization; -' ,- > ;..,--,; 1 ¡"':,"c[;;jlj VOL U!.i1..J ,,~ ALSO, Tideland District 33, as said District is designated on the map of tidelands within or in front of the City of Port Townsend, filed with the State Board of Equalization. More commonly known as: 701 Water Street, Port Townsend, Washington. Jefferson County Tax Assessor's No. 989-700-701 2. 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. The public access (easement) dedication allows connection with other public access walkway improvements in the vicinity. This easement shall forever burden, run with, and touch and concern the burdened property. ' Public Use of Easement Area--Limitations: 3.1. Pedestria1lAccess. Except as provided herein, access shall be limited to foot traffic. Access to the easement area by motorized vehicles (other than motorized wheelchairs and maintenance and repair vehicles) shall be specifically prohibited from this dedication. Equestrian usage is prohibited. 3. 3.2. Closure for Mainten~nce or Rep~jrs and Public S~fety 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. 3.3 Hours wlten FJlsement ATe:;! is Open to the Public. The public Waterwalk portion of the easement area shall be open to the public at all times, 24 hours per day. The Deck portion of the easement area shall be open to the public from 7:00 a.m. to 11:30 p.m. daily. During all hours when the Deck easement area is not open to the public, the dedicated walkway area may be closed to public access by the Grantor or its heirs, successors, or asdgns. All hours f:Jr public "cress shall be prominently posted at the point of entry onto the dedicated Deck easement area. Maintenance of Easement Area-Obligation of Grantors: 4.1. GeneVll ~intenance ResPOnsibilities. In çonsideration of the execution of this Easement to fulfill a condition to) obt..'1iring'!i.'13.1, ~nrjt :lpproval for the development of the burdened property within the public shoreline environment, Grantors, and their heirs, successors or assigns shall have the sple and separate responsibility for maintaining all portions of the easement area 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 easement area. 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, 4. Shoreline Easement -- W &Katz/Cannery Page20f4 " " ,..' - - ~ VOL buU .~,,;L,Ju benches, furniture, landscaping, signs or other features of the public walkway area and identified in the approved landscape drawings for the Waterman & Katz and Cannery Buildings development approvals. The Grantor shall be responsible for collection and disposal of litter deposited within the easement area. The standard of maintenance for 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. T ;lTldsC(Jpi~ ~nd M~inten~ce of Vee;ejation. Landscaping and development of the easement area 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. The use of herbicides is prohibited within or around the easement area, except as specifically approved by the City, and in aœordance with adopted City regulation and policy. 4.3. Puþlic Access S~1lS. The Grantor shall install and maintain public access signs at the point of public entry for the deck and walkway, and along the easement area. All public access signs shall meet Port Townsend's historic district guidelines for color, size and design. 4.4 Public peck ArP~ -- AdditioqaJ M~inten~nce Obligations. So long as the deck remains on the Burdened Property, the maintenance obligations stated herein shall forever burden, run with, and touch and concern said legally described real property. In addition to other maintenance obligations stated herein, the Grantors or their heirs, successors, or assigns shall maintain and repair of all improvements, including but not limited to the deck extension, hand rails, signs or other features of the public walkway deck area. The standard of maintenance for the easement area shall be the same as practiced by the City in regard to its waterfront 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. S. Destmction or Removal of the Deck Area: This Easement dedication is made subject. to the requirement that in the event the deck extension area depicted on the drawing attached hereto as EXHIBIT A and the public walkway area are ever removed, destroyed or damaged such that the deck and walkway areas are unusable or unsafe and new permit(s) are required for reconstruction, this easement shall terminate, and the Grantor shall not be obligated to reconstruct the public walkway portion of the deck, unless required to do so under any permit issued at that time. In such event, and in the event the Grantor seeks to remove, rebuild or renovate the deck area, the necessity of a public shoreline access dedication shall be considered under the then-existing local, state and federal land use, environmental and shoreline plans, policies and/or regulations. 6. Recording: This Easement dedication document shall be recorded in the Auditor's Office for Jefferson County. Shoreline Easement -- W &Katz/Cannery Page 3 of4 VOL b~-;J '-.:'~[ 7r;ü ~ 7. Authorization: Each individual executing this instrument on behalf of the corporation(s) represents and warrants 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'2'2vò day of Cc..-íè/1fÎr... , 1999. GRANTORS: . í1 / , í " BALLENAS, INCJ?y/ /1 1/ II ,,/ /' ø¡' / pi j /, , J ?,,< ,:' , By: ~~ " :U&!{ /4 ; , -President STATE OF W AS~NGTON) COUNTY OF JEFFERSON )ss. ) On this~ day of Ú c. 7od¿£ , 1999, before me, a N9Jary Public in and for the State of Washington, duly commissioned and sworn, personally appeared FE'/" ¿' I'¿ /!/¿tt:JIf¿ L , to me known to be the President of BALLENAS, INC., a Washington corporation, described in and who executed the within and foregoing instrument, and acknowledged, that he/she signed the same as hislher free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this~ day of CI(!;./{J..d¿¡¿ , 1999. ,\"""m"""" - - ß ~'~\~':.~...!~.':1'~ Î, / /J~'I )(~:;;;t/.À' ,ff -d j * ",v.~~(f.$U).~~~ ~ ~ r-r~"""- .! ..~r- ,~ '\ ['2rint Name] u/ie;A~'-i.4 ':::;;fJE/rlè S §! "OUII,.. \ s Notary Public in and for the State of Washington, ' æ f -8- i æ residing at JtP"r.e,f5'u,Q Co .' My appointment expires: Š \ of ÞlIB\'\(, j Ë '87.:;/é/. 0;. cø:,.... " "'-, ~ ;: ( I ~ ";¡'..IJ I ,'J'-;'o~ ¥ed as t°f!Æ~;:'~' ~". !..;,." ~ "'~ r ""- 8\\. ,\\~ J ~ III." u,,\\\~ v . I~ I ¡1.. J L-- T. oth:, . Mc þanj City Attorney City f ? To send ;-::. 10/06/99 CA§t1m\Agree{W-KEAS.doc} Shoreline Easement - W &Katz/Cannery Page4of4 '--'7: '1\ ~- - .. ~- , i I ' ,¡ VOi. Od,d '~~, \,u- .. ~ :~ C=:T \Jnrt't..",... ~ $A"", +- ",.~Q." E:"\t,~,,,. ~/K S6, DEr"C\/~~'; "EE '-H,'-- T"') ~ ~tJ :::;;"..:~~ ~57~~~C:~7"-v SC-A.<--.E: I. 10')0 ~ø:'\,,-J ~ I ~3' L...", -f- All?. .~ I p. 1~" rP EA'S.e......:.....,-- F..~ --- I 'O~'. c.""" 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