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AFTER RECORDING, RETURN TO
City Clerk
City of Port 'Townsend
City lull
540 Water Street
Port Townsend, WA 98368
DEDICATION OF A PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
GRANTOR: Lee Organization, Inc., a Washington corporation
GRANTEE- City of Port Townsend, a Washington municipal corporation
THE GRANTOR, LEE ORGANIZATION, INCORPORATED, a
Washington Corporation, whose mailing address is 1807 Mater Street, Port Townsend,
WA 98368, herein refered to as the Grantor, for good and valuable consideration, conveys
and dedicates to the GRANTEE, the 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:
LEGAL DESCRIPTION attached hereto as EXHIBIT A.
The "Easement Area" labeled "walkway ", is graphically depicted on the non - scaled
drawing attached hereto as EXHIBIT B.
I . Burdened Property: The Grantor owns the real property legally described as
follows;
All of Block 17 and Block 18, including vacated Cass Street southerly of Water
Street, L.B. Hastings First Addition to Port Townsend, as per Vol. 1 of plats, page
23, records of Jefferson County.
More commonly known as The Tides Inn, 1807 Mater Street, fort Townsend, Washington.
MAR 2 9 1999 VOL
Jefferson County Tax Assessor's Numbers:
957 301702
957 301 801
This easement shall forever burden, run with, and touch and concern the burdened
property.
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 allows connection with other
public access walkway improvements in the vicinity.
3. Public Use of Easement Area -- Limitations:
3.1 Pedestrian Access. 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 use is prohibited unless specifically authorized by the Grantor and
the Grantee.
3.2 Closure for Maintenance or Re
2airs 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 reasonable deems a closure necessary for
public safety reasons.
4. Maintenance of Easement Area -- Obligation of Grantors:
a. General Maintenance Resyonsibilities. In consideration of the execution of
this Easement done as a condition to obtaining final permit approval for the development of
the burdened property within 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 all surface areas, benches, furniture, landscaping, signs, or
other features of the public walkway area and identified in the approved landscape
drawings for the Tides Inn development. 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 areas. This covenant of maintenance and the obligation
of the Grantors to defend, save and hold harmless the City shall run with the land.
b. Landscaping and Maintenance of Vegetation. 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 planting and maintenance of native
vegetation shall be used along the easement area where appropriate and feasible. 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.
C. Public Access Signs. The Grantor shall install and maintain public access
signs at the Walker Street right -of -way and along the easement area. All public access
signs shall meet Port Townsend's historic district guidelines for color, size and design.
S. Recording: This Easement dedication document shall be recorded in the
Auditor's Office for Jefferson County.
6. Authorization: Each individual executing this agreement on behalf of the
corporation represent and warrant helshe is duly authorized to execute and deliver same on
behalf of the corporation 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, and
that this instrument is binding upon the corporation 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 execution of this Dedication of Public Access Easement on Privately
®named Shoreline Area.
DATED this 26th day of March, 1999.
LEE ®RGANIZAT , INC.
By: — - - --
14r° Sinn ®n Lee, Vice President - - -
STATE OF WASHINGTON }
COUNTY OF JEFFERSON }
ON THIS DAY PERSONALLY APPEARED BEFORE ME;
MR. SIMON LEE
TO ME KNOWN TO BE THE INDIVIDUAL DESCRIBED
IN AND WHO EXECUTED THE WITHIN AND
FOREGOING INSTRUMENT AND ACKNOWLEDGED
THAT HE SIGNED THE NAME AS A FREE AND
VOLUNTARY ACT AND DEED FOR THE USES AND
PURPOSES THEREIN MENTIONED
GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS
26TH DAY—OF MARCH,e y
N,C)TARY PUBLIC INTHE STATE OF WASHINGTON,
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VOL �> 3.
EXHIBIT "A"
LEGAL DESCRIPTION
WATERWALK TRAIL EASEMENT
THAT PORTION OF SECTION 11, TOWNSHIP 30 NORTH, RANGE 1 WEST,
WILLAMETTE MERIDIAN, BEING A PORTION OF BLOCKS 17 AND 18 AS
SHOWN IN THE PLAT OF L. B. HASTING'S ADDITION TO THE CITY OF PORT
TOWNSEND, AS RECORDED IN VOLUME 1 OF PLATS, PAGE 23, RECORDS OF
JEFFERSON COUNTY, WASHINGTON, AND THAT PORTION OF CASS STREET
AS VACATED UNDER DOCUMENT RECORDED IN VOLUME 135 OF DEEDS,
PAGES 219 AND 220, RECORDS OF JEFFERSON COUNTY, WASHINGTON, AND
THAT PORTION OF TAX LOTS 88,90 AND 92 CONTIGOUS TO SAID BLOCKS
OF THE HASTING'S PLAT, BEING ATEN FOOT (10') WIDE STRIP, THE
SOUTHEASTERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS:
BEGINNING A POINT ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF
WALKER STREET SOUTH 300 32'22" EAST 133.70 FEET, MORE OR LESS,
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