HomeMy WebLinkAboutBay Vista Homeowners Association - Public Access Easement ShorelineJ
DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
WE, THE GRANTORS, the BAY VISTA HOMEOWNERS ASSOCIATION, (also referred
to herein as "Bay Vista I ") for one dollar, in hand paid, and other valuable consideration,
convey and dedicate to THE CITY OF PORT TOWNSEND, an easement for public ingress,
egress, and recreational purposes over, across, under and through the following described real
estate, situated in the County of JEFFERSON, State of Washington, including any after
acquired title:
EASEMENT "B" PER ATTACHED DOCUMENT ENTITLED "DESCRIPTION OF
EASEMENT "B" WATERWALK TRAIL REVISION."
1. Burdened Property: The Grantors are condominium owners, owning condominium uric
within the real property described as follows:
LOTS 1, 2, 3 AND 4, BLOCK 17, OF THE L.B. HASTINGS 1ST ADDITION TO PORT
TOWNSEND PER VOLUME I OF PLATS, PAGE 23112, RECORDS OF JEFFERSON COUNTY,
WA INCLUDING DISTRICT 86 AS SAID DISTRICT IS DESIGNATED ON THE MAP OF THE
TIDELANDS WITHIN OR IN FRONT OF THE CITY, ALSO, DISTRICT 87 AS SAID DISTRICT
IS DESIGNATED ON THE MAP OF SAID TIDELANDS,• SITUATE IN THE CITY OF PORT
TOWNSEND.
This easement shall forever burden, run with, and touch and concern the burdened propert3
2. Purpose of Easement, Use of Easement Area: The purpose of the easement is to allow
pedestrian access and entry onto the dedicated area by the general public and all members
thereof for their peaceful enjoyment of the dedicated areas and the waters of Port Townsend Bay
adjoining. The public access dedication shall allow future connection with. additional public
access walkways and points on adjoining properties which may exist now or in the future.
3. Public Use of Easement Area -- Limitations:
a. Access to the dedicated area by motorized vehicles shall be specifically prohibited
from this dedication.
b. The dedicated 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.
C. The dedicated area may be closed to public access by the Grantors or their
successors or assigns between dusk and 8:00 a.m. each day.
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Dedication of Public Access Easement on Privately Owned Shoreline Area - Easement B Page 2
4. Maintenance of Easement Area -- Obligation of Bay Vista II, a Condominium:
Bay Vista II, a Condominium, is composed of condominium units, owned by
condominium owners within the real property described as follows:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 30 NORTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, BEING
THAT PORTION OF BLOCK 16 IN THE PLAT OF THE ORIGINAL TOWNSITE OF THE CITY
OF PORT TOWNSEND, AS SAME IS RECORDED IN VOLUME I OF PLATS, AT PAGE I
THEREOF, RECORDS OFJEFFERSON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
LOTS 5, 6, 7, 8, AND THE SOUTHWESTERLY 7.41 FEET OFLOTS 3 AND 4, IN SAID
BLOCK 16, IN THE PLAT OF THE ORIGINAL TOWNSITE OF THE CITY OF PORT
TOWNSEND, AS HEREIN -ABOVE REFERENCED.
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 Easement B as described in the attached document,
done as a condition to obtaining final plat approval of Bay Vista II, a Condominium, the Bay
Vista H Homeowners Association, their heirs, successors and assigns shall have the sole and
separate responsibility for maintaining all portions of the dedicated area to which the general
public shall have access and shall defend save and hold the City of Port Townsend and Bay Vista
Homeowners Association harmless from any claims, real or imaginary, asserted by any person
for injury or damages resulting from improper maintenance of the dedicated area. Maintenance
obligations of the Bay Vista II Homeowners Association . or their heirs, assigns or successors
shall include the maintenance and repair of all benches, landscaping signage or other features
identified in the shoreline permits and approved landscaping plans for the Bay Vista II project.
The standard of maintenance for the dedicated area shall be the same as practiced by the City
in regard to its waterfront parks. This covenant of maintenance and the obligation of the Bay
Vista II Homeowners Association to defend, save and hold harmless the City and Bay Vista
Homeowners Association shall run with the land. The maintenance shall be conducted by the
Bay Vista II Homeowners Association and shall be included in its Articles, Bylaws and
Covenants, Conditions and Restrictions ( "CC &Rs "). The City shall be given the opportunity
to review the provisions of all CC &Rs for such developments for consistency with this
dedication prior to occupancy of the Bay Vista II project.
Landscaping and development of the dedicated areas shall be accomplished in a manner
consistent with plans on file with the City for the shoreline substantial development permits on
the property and for the Bay Vista II project.
5. Recording: This dedication document shall be recorded in the Auditor's Office for
Jefferson County and shall further be included in or referenced in any condominium declarations
that are hereafter recorded for the property.
YGIL. 5;1-17 f ;A", 41.5
Dedication of Public Access Easement on Privately Owned Shoreline Area - Easement B Page 3
6. Authorization (Bay Vista I): The undersigned hereby warrant that they are authorized
to execute this document pursuant to the CC &Rs of the Bay Vista I Homeowners Association.
,,_ tLL rt i✓ 1; DATES 1994.
PRESIDENT
BAY VISTA HOMEOWNERS ASSOCIATION
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
°'' - 1994, before me, a Notary Public in and for the
On this day of �° �'� ��-�%`
State of ` Washington, duly commissioned and sworn, personally appeared
h ��' `w�'. to me known to be the PRESIDENT OF THE BAY
ry✓ .
VISTA HOMEOWNERS ASSOCIATION, 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 ,/ 6
s
SECRETARY
BAY VISTA HOMEOWNERS ASSOCIATION
STATE OF WASHINGTON )
)ss
COUNTY OF JEFFERSON )
I otary u ilyd n and for the State of .-W,a It qri; f ,
residingat
Myappointm6ntexpires:
DATE:
On this / day 'of � °y' r � ' "� 1994, before me, a Notary Public in and for the State of
Washington,_ duly commis;,sioned and sworn, personally appeared
�' the SECRETARY OF THE BAY VISTA
HOMEOWNERS ASSOCIATION, described in and who executed the within and foregoing instrument,
and acknowledged that she signed the same as her free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of
ern:
Dedication of Public ACMSS Earenu:n Page 4
g t on Private k), Owned Shoreline Area - Easement B
fit.,,` Orly
VICE - PRESIDENT
BAY VISTA HOMEOWNERS ASSOCIATION-
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
Notary rc Wand for the ate of
residing at
My appointment expires: /&
DATE:
4 ,
�3
4,1V
V
1994.
On this — day of . 1994, before me, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
the VICE - PRESIDENT OF THE BAY VISTA
HOMEOWNERS ASSOCIATION, described in and who executed the within and foregoing instrument,
and acknowledged that she 'signed the same as her free and voluntary act and deed for the uses and
purposes therein mentioned. , 1994.
GIVEN under my hand and official seal this day of
Notary Public in and for the State of Washington
residing at
My appointment expires:
7. Authorization tBay Vista II): The undersigned hereby warrant that they are the developers
of the Bay Vista I project, have fee title thereto, and will be the Declarants of any Condominium
CC &Rs for Bay Vista II or have full authorization from the Bay Vista II Homeowners
Association to execute this document. The undersigned are authorized to execute this document
pursuant to said authority.
j� DATE: 1994.
NORM REAM, ''V a'� "� `�''
AMERICAN INTERNATIONAL CONSTRUCTORS, INC.
VOL 417
Dedication of Public Acc(,�rs Easement on Privately Owned Shoreline Area - Easement B
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
�Y
Page 5
On this day of 1994, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared NORM REAM, to me known
to be the �°" nt Z ^rte, ,�� '°<. -,,z described in
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 j t . k1day of 1994.
��p�r� � -ems• 5
-"' Notary ublic in and for the State of WA*'Ta p :n,'
residingat
M Y appointment expires:
� P
'• bl 0
# ;, �'s DATE: K j 9 _,"1994.'
MARK JOI NISON,
NORDLANID CONSTRUCTION COMPANY
STATE OF WASHINGTON
)sS.
COUNTY OF JEFFERSON }
On this ;day of ' yi u , 1994, .before me, a Notary Public in and for the State of
,Washington, duly commissioned and sworn, personally appeared MARK JOHNSON, the
,- of NORDLAND CONSTRUCTION COMPANY, described in 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 C:etll'day of ` &� =' , 1994.
10 /05 /94Agree(Bayvist l .doc)
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I HEREBY CERTIFY THE ATTACHED DESCRIPTIONS OF THE
FOLLOWING PROPERTIES WITHIN THE CITY OF PORT TOWNSEND WERE
PREPARED BY ME OR AT MY DIRECTION IN CONFORMANCE WITH THE
LAWS OF THE STATE OF WASHINGTON:
REAL PROPERTY DESCRIPTION ENTITLED BAS" VISTA II
PROPERTY DESCRIPTION.
DESCRIPTION OF EASEMENT "A" (POCKET PARK),
DESCRIPTION OF EASEMENT "B "(REVISION OF THE BAY VITA I
WA.TERWALK TRAIL LOCATION).
DESCRIPTION OF EASEMENT "C" (NEW PORTION OF WATERWALK
TRAIL PROVIDED IN CONJUNCTION WITH THE DEVELOPMENT OF
BAY VISTA II - INCL•UDING ADDITIONAL AREA 1 AND ADD-
ITIONAL AREA ) .
OCTOBER 2S, 194
0
WATERNALK TRAIL REVISION!
That portion of the Southwest 1/4 of the Northwest 1/4 of Section 1&
Township 30 North, Range 1 West wiliamette Meridian, being also Zhat Portion
of Block 17 in the plat of L. S. Hasting's Addition to the CKY A Fort
Townsend, as said addition is recorded in Volume 1 of Plats, page 23. Records
of jefferson County. Washington. described as follows--
EASEMENT "B" - WATERWALK TRAIL EASEMENT (REVISED)
Commancing at the Northeasterly
Corner of
Black 17,
in the Plat of L. &
City Fort
Townsend.
according
to the Plat thereof
Hasting's Addition
to the of
recorded in
Vaiume 1 of Plats. at
page 23,
Records
of jefferson CounvY,
Washington;
thence along the Northeasterly
Limits
of sait
Block 17, SGuTh 37-
East.
distance of 118,99 feet
ro the
True Point
A Beginning;
31' 52"
a
thence
South 320 31'52" East, a
distance
of 6.00 feet;
590 43'00" West, a
distance
of 110.08
feet-
thence
South
thence
North 32" 3i,SZ" West. a
distance
of 6 00 feet;
East, a distance
of 110.03
feet
to the True FvLnz of
thence North
Beginning.
59, 4700"
VOL tJ.-L d , CA 1,20