HomeMy WebLinkAboutHastings Estate Co., Inc. - City of Port Townsend - Public Access Easement Q C4
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TREASURER
401.5 31
AFTER RECORDING,RETURN TO:
Bruce Freeland,Director J -
Building&Community Development Dept.
City Porr
�' t Townsend
`
540 Water Street
Port Townsend, WA 98368
DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
i;.ivi v:,�: Hastings Estate Co., Inc., and Port Townsend Waterfront Cafe, Inc.
GRANTEE: City of Port Townsend, a Washington municipal corporation
THE GRANTORS, the HASTINGS ESTATE COMPANY, INC., a Washington
Corporation, and PORT TOWNSEND WATERFRONT CAFE, INC., dba "The Surf' a
Washington corporation, whose mailing address is: 106 Taylor Street, Port Townsend, WA
98368, herein referred to collectively as the Grantors, for good and valuable consideration, convey
and dedicate 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:
That portion of the building situated on the southerly portion of the Burdened Property, as
described herein, constituting the "Walkway"portion of the deck, having a walkway surface
width of approximately 4 feet, 6 inches, including a terminus deck area measured
approximately 10 feet, 2 inches in width, which walkway runs a total distance of
approximately 50 feet, 8 inches along the southerly portion of the building, measured from
the southwest corner of the existing deck area in a straight line along the southerly portion of
the existing deck to the east, to the point of termination of the walkway deck area.
The"Easement Area,"labeled"Walkway,"is graphically depicted on the non-scaled drawing
attached hereto as EXHIBIT A.
1. Burdened Property: Hastings owns the real property legally described as follows:
The Westerly 1 foot of Lot 5; Lot 7(all); and Tideland District 48, Original Townsite of Port
Townsend, as per plat recorded in Volume 1 of Plats, Page 1, records of Jefferson County,
Washington. Situate in Jefferson County, State of Washington.
More commonly known as: 106 Taylor Street, Port Townsend, Washington.
Jefferson County Tax Assessor's No. 989 700 807
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Port Townsend Waterfront Cafe, Inc. is the leasehold tenant of the property, and operates
The Surf Restaurant on the property. This easement shall forever burden, run with, and touch
and concern the burdened property, and shall continue in force and effect after the termination of
the leasehold tenancy of Port Townsend Waterfront Cafe, Inc.
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 the public access walkway adjacent
to Union Wharf.
3. Pubfic Use of Easement Area--Limitations:
a. Access to the easement area by motorized vehicles (other than motorized
wheelchairs) shall be specifically prohibited from this dedication.
b. 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, and for limited periods
of time when a leasehold tenant is not occupying the premises.
C. The easement area shall be open to the public during the following hours: From
May 1 through September 31 of each year, the easement area shall be open from 7:00 a.m. to
10:00 p.m. daily. During all other months of each year, the easement area shall be open from
11:00 a.m. through 8:00 p.m. daily. During all hours when the 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 assigns. All hours for public access shall be prominently posted at the point of
entry onto the dedicated deck area.
4. Maintenance of Easement Area--Obligation of Grantors:
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 consideration of the execution of this Easement done as a condition to obtaining final
permit approval for a deck extension into the public shoreline environment, Grantors, and their
heirs, successors or assigns shall have the sole 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 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
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VOL
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.
Development of the easement area shall be accomplished in a manner consistent with plans
on file with the City for the shoreline conditional use permit on the property.
5. Destruction or Removal of the Deck Area: This Easement dedication is made subject to
the requirement that in the event the deck extension area depicted as "new deck" on the drawing
attached hereto as EXHIBIT A and the public walkway area are ever removed, destroyed or
damaged such that the "new 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. Renegotiation: At such time as Port Townsend Waterfront Cafe, Inc. no longer occupies
the property, Hastings may request that the City renegotiate the terms of this Easement. Such
renegotiation shall be limited to paragraphs 3, 4 and 5 of this Easement. The parties agree to
negotiate in good faith to seek such reasonable revisions to the terms of this Easement to reflect
any new lease terms with a future leasehold tenant, subject to the public access requirements of
the Shoreline Substantial Development Permit for the deck expansion. If the parties are unable
to complete such negotiations within 60 days following the commencement of discussions (such
deadline subject to extension by mutual agreement of the parties), the parties agree to submit the
matter to a mutually agreed mediator.
7. Recording: This Easement dedication document shall be recorded in the Auditor's Office
for Jefferson County.
8. Authorization: Each individual executing this instrument on behalf of the corporation(s)
represent and warrant 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
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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 4 V day of CWvL---,- 1997.
GRANTORS:
HASTINGS ESTATE COMPANY, INC.
Bd
arry H. udley, President
PORT TOWNSEND WATERFRONT CAFE, INC.
By: 7tf
Steven B. Dowen, President
STATE OF WASHINGTON)
)ss.
COUNTY OF JEFFERSON )
On this day of June, , 1997, before me, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared HARRY H.
DUDLEY, to me known to be the President of HASTINGS ESTATE COMPANY, INC., a
Washington corporation, described in and who executed the within and foregoing instrument, and
acknowledged that he/she signed the same as his/her free and voluntary act and deed for the uses
and purposes therein_ menfioned.
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GIVEN under my hand and official seal this °day of J cx ye— , 1997.
JUDITH K. CAVETT gel
STATE OF WASHINGTON Not�y Public in and for the State of
NOTARY PUBLIC Washington, residing at QI rte
c911 sswN EMS 3-22-01 My appointment expires: -31A,�/j
Page 4
VOL
STATE OF WASHINGTON)
)ss.
COUNTY OF E )
On this day of LA y'V Q , 1997, before me, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared STEVEN B.
DOWEN, to me known to be the PRESIDENT OF PORT TOWNSEND WATERFRONT CAFE,
INC., a Washington corporation, described in and who executed the within and foregoing
instrument, and acknowledged that he/she signed the same as his/her free and voluntary act and
deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ",Z— , 1997.
r ` (Print Name] V-1 a L �'
Ly =e `y Notary Public in and for the State of
Washington, residing at SQ,,i� u$,v,.
t My appointment expires: Q® 7 P
Approved as to form:
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City of`Pot T nsend
06/03/97 CA§tlm\Agree{Surfeas.doc}
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EASEMENT - EXHIBIT A