HomeMy WebLinkAboutAmerican International Constructors and Nordland Construction - Public Access Easement Bay Vista IIAFTER.RECORDING, RETURN TO:
Timothy L. McMahan, City Attorney
: ;City: of Port Townsend
:540 Water Street
Port Townsend, WA 98368
DEDICATION OF PUBLIC ACCESS EASEMENT
ON PRIVATELY OWNED SHORELINE AREA
WE, THE GRANTORS, NORM REAM REPRESENTING AMERICAN
INTERNATIONAL CONSTRUCTORS, E�TCORPORATED, AND MARK JOHNSON
REPRESENTING NORDLAND CONSTRUCTION COMPANY, 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:
EASEMENTS "A" AND "C" PER ATTACHED DOCUMENT ENTITLED
"DESCRIPTION OF EASEMENT "A" AND EASEMENT "C" POCKET PARK
AND WATERWALK TRAIL ADDITION" Pages 1 of 2 and 2 of 2.
1. Burdened Property: The Grantors are fee title owners of the real property described as
follows, and are likewise the developers of the Bay Vista II Condominium project, proposed for
said real property. The Grantors will be Declarants for the Bay Vista II Condominium described
as follows:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION II, TOWNSHIP 30 NORTH, RANGE 1 WEST, WILLAMETTE MERIDIAN,
BEING THAT PORTION OF BLOCK 161N THE PLAT OF THE ORIGINAL TOWNSITE
OF THE CITY OF PORT TOWNSEND, AS SAME IS RECORDED IN VOLUME 1 OF
PLATS, AT PAGE I THEREOF, RECORDS OF JEFFERSON COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS.
LOTS S, 6, 7, 8, AND THE SOUTHWESTERLY 7.41 FEET OF LOTS 3 AND 4,
IN SAID BLOCK 16, IN THE PLAT OF THE ORIGINAL TOWNSITE OF THE
CITY OF PORT TOWNSEND, AS HEREIN -ABOVE REFERENCED.
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 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.
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Dedication of Public Access Easement on Privately Owned Shoreline Area - E2vements A & C Page 2
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.
4. Maintenance of Easement Area -- Obligation of Bay Vista II, a Condominium:
The Grantors, 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 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 Grantors 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 standards 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 undersigned to defend, save and hold harmless the City shall run with the land.
The maintenance shalI- be conducted by the Homeowners Association and the maintenance
obligations shall be included in its Articles and 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
such development. Copies of all CC &Rs to be placed on the property shall be filed with the
City. The City shall be given the opportunity to review said documents prior to occupancy of
the Bay Vista II project.
5. Maintenance of Easement Area on Adjacent Property:
As an additional maintenance obligation and in consideration of the execution of a public
access easement as described in the attached document entitled "Description of Easement "B"
Waterwalk Trail Revision" (hereinafter "Easement B ") which has been recorded in Jefferson
County as Auditor No. 3 777, / :3 � , a copy of which is attached, done as a condition
to obtaining final plat approval of Bay Vista, II, a Condominium, the Grantors, their heirs,
successors and assigns shall have the sole and separate responsibility for maintaining all portions
.of Easement B„ located on adjacent property, 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 dedicated area. Maintenance obligations of the Grantors, 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 standards of maintenance for Easement. B shall be the same as practiced by the
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Dedication of Public Access Easement on Privatel>> Owned Shoreline Area - Easements A & C Page 3
City in regard to its waterfront parks. This covenant of maintenance and to defend, save and
hold harmless the City shall run with the land. The maintenance shall be conducted by the Bay
Vista II Homeowners Association and the maintenance obligation shall be included in its 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.
Land scaping.and development of the dedicated areas shall be accomplished by the
Dedicators or their successors in a manner consistent with plans on file with the City for the
shoreline substantial development permits on the property. No additional permanent structures
or landscaping beyond what is specified in the landscaping plan for the shoreline substantial
development permit with the City which would block views from the upland uses shall be
installed without the permission of the owners of The Bayview restaurant or the members of the
condominium associations.
6. Maintenance of Easement Area - -City Authority to Foreclose Maintenance Liens:
In the event that the maintenance and repair obligations are not accomplished in a timely
fashion upon 30 days written notice the City shall have the right, but not the obligation, to
maintain or repair the easements either with City labor and materials or by hiring a licensed
contractor. In such case, the Bay Vista II Homeowners Association shall be liable to the City
for the cost of all work performed, plus administrative overhead, and a lien may be filed against
any or all condominium units within the Bay Vista II Condominium for the full cost of repair
or maintenance. The City may enforce and foreclose any such liens pursuant to Washington
state law.
7. 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.
8. Authorization (Bay Vista II): The undersigned hereby warrant that they are the
developers of the Bay Vista II project, have fee title thereto, and are the Declarants of any
Condominium CC &Rs for Bay Vista II or have full authorization from the Homeowners
Association to sign this Dedication. The undersigned are authorized to execute this document
pursuant to said authority.
€ Z F
NORM REA119,';-
AMERICAN INTERNATIONAL CONSTRUCTORS, INC.
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
DATE:'' (- 4 1994.
On this 'D-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
< < poi V��� 423.
,
Dedication of Public Access Easc:rnent on Privately Onned Shoreline Area e Easements A & C Page 4
to be the I of � ,�- i- `' 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 -' day of 1994.
--- Notary PIU61ic.in and for
residingat
My appointment expires: _
Statez�ttz�ahr:gttj►`t,
i 10
DATE: 4 %e-,-� � 7 1994.
MA I- JOHN ON, 'st
NORDLAN4fl CONSTRUCTION COMPANY
STATE OF WASHINGTON )
)Ss.
COUNTY OF JEFFERSON )
On this -14.1,day of -= " 2 .. , 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. day of �'Y` 1994.
10 /05 /94Agree(Bayvistl doe)
Notary Public in and for
resldingat ty" L
My appointment expires:
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SAY VISTA PROPIaTY DEZQIPTIQ
That portion of the Scuzhwesz Quarter of the Northwest Quarter cf
Section il. Township 30 North, Range 1 West, Willamette Meridian, being that
portion of Block 16, in the plat of Original Townsite of the City of Fort
Townsend, as same is recordea in Volume 1 of Flazs. at page 1 thereof, Record,--
of jefferson County, Washington, described as follows
Lots 5, 6, 7, 8, and the Southwesterly 7.41 feet of Lots 3 and 4
in said Block 16, in the Plat of Original Townsive of the City ot'
Port Townsend, as herein-above referenced.
Situate in the City of Fort Townsend. Counzy of jefferson, staTe OZ
Washington,
Note: Althouoh che foliGwins nozations are not recuired for description A
the propertv. the description, as composed ans sapinzed upon tne love ot tne
Final Condominium Plat. for the purpose of clarification of Us rights aM-,'
responsibilities of the various entities. should contain reference zo the
Mlowing easements mat may or may not currently te of record.j
Subjecz to an easement for ingress, egress. access and utilities installation,
and maintenance from Nordland, et M, to Brown. at U.
Subject to an easement for recreational Purposes from Nordland, et V. ani
Brown, ot a!, to the City of Fort Townsend.
Tonether with an easement for ineress, stress, access and yzllitieE�
installation and maintenance From Brown, at ah to Nordiand. et K
4dol
VUL CAP In, 6
"A" - POCKET PARK
That portion of the Southwest 1/4 of the Northwest 1/4 of Section in Townshi-p
30 North. Range 1 West, Willamette Meridian, being also that pQrtion of Slo&,
15, in the Flat of the Original Townsite cf the City of Port Townsend.
according to the plat thereof, filed fcr record at page 1. in Volume 1 of
Plats. Records of jefferson County. Washington, lying Northerly of v0:-:-
Southeasterly Margin of Water Street. as same was dedicated in said Plat, anc-1
Northwesterly of the Northwesterly Margin of Frcnt Street as same
dedicated in said Plat, described as follows:
Commencing at the Northeasterly corner of said Block iE-
in said Original Townsite Plat; thence along the said South-
easterly Margin of said Water Street, South 570 2S'40"
WeSt, a distance of 110,94 feet to the TRUE POINT 0-
BEGINNING;
thence South 57' 25'40 Wesz. a distance of 78,8o Caen;
tJence South 12' 27'22" West. a distance of 12.01 feet:
thenca South 77* 32'38" East, a distance of 21.83 feen
thence South 150 55'43 West. a distance of 11 19 feet,
thence North 470 29'21" East. a distance of 33,1G feem
thence North 23' 5031" East, a distance of 47.54 feet;
thence North 000 55'46" West, a distance of 7.81 feet;
to the TRUE POINT OF BEGINNING-
Situate in jefferson County, Washington.
c; I P7
VOL .4 - A 65 ,, � 1 .1 4e'� 7
77-n WATERWALK TRAIL
U - NAM
That porzinn of the Southwest 1/2 of the Northwest 1/4 of Section M
Township 30 North, Range 1 West, Willamette Meridian. being also that p3rtion
of Elock 15, Block i8 and Vacated Benton Street in the Plat of the Grigina-I.-
Townsita of the City of Fort Townsend. according to the plat theraof, fils-1
for record at page 1. in Volume 1 of Flats. Records of jefferson Counzy.
Washington, lying Northerly of the Southeasterly Margin of Water Streev. as
same was dedicated in said Plat, and Northwesterly of the Northwesterly Margin
of Front Street as same was dedicated in said Flat, described as follows:
Ccmmencing at the Northwesterly Corner of said Block 16
in said Original Townsite Flat; thence along the North-
easterly Margin of Calhoun Street in said plat, thenne
Sauth 32 3132" East, a distance of 98.25 feet; to the
TRUE POINT OF BEGINNING;
thence North 500 48'57" East, a distance cf 2.33 feet;
thence South 390 07'09" East, a diStanCe of 14.69 feet;
thence North 500 1000" East, a distance Of 46,54 feet;
thence North 210 19'42 East, a distance of 13.96 feet,
thence North 500 3144 East. a distance of 1S.47 feet,
thence North 38" 04'23" East, a distance of 14.44 feez;
thence North 520 12'51" East, a distance of 17.83 feet
to "REFERENCE POINT 'K�,
thence continuing North 52" 12'S!" East, a distance of 47,18
thence North 420 CY21" East, a distance of 32.94 feet;
thence North 490 53'28" East. a distance of 86.82 feet;
thence North 260 2G'41" East, a diszance of 47,67 feeo
thence North 06" 01'24" East, a distance of 12.75 feet:
thence North 47" 2821 East, a distance of 33.10 feez-
thence Nortn 330 54'31" East, a distance of 47.S4 feet;
thence North 000 55'46" West, a distance of 7.81 feet 0-1
the Southeasterly margin of said Water street; thence Nor&--,
570 25'40" East. along said margin. a distance of 9.65 feet-
zhence 5outh 01' 28'58" Wes z, a distance of 12.23 feet;
thence Soum 330 53'06" West, a Alstance of 53.32 feet,,,
thence South 47" 23'21" West, a distance of 31.41 feaQ
thence South 060 01'24" West. a distance of 11.56 feet:
thance South 260 20'41" West, a distanca of 07.06 feet;
thence South 490 50'48" West, a distance of 90.09 feet,
thence South 42' 10'20" West, a distance of 33,40 feet;
thence South 32" 0003" West. a distance of 29.95 Eee0
thence South 52" 08'05- West, a distance of 33.84 feet;
thence Souch 39" 02'&B- East. a diszance of 3.05 feet:
thEnce South 490 30'09- West. a distance of 30.56 feet;
thence South 130 37'56" West, a distance of 12.48 feet�
chance South 49" 23'08- West, a Aistance of 12,08 feet;
thence South 410 23'47" West. a distance of 15.45 fact:
thence South 50" 37'27" West, a distance of 14.88 feet;
thence South 64' S3'S2" West, a distance of 11.24 few,
to said Northeasterly Margin of said Calhoun Street; tnenc-----
North 220 11'52" West along said margin, a aistance of
10,65 Met to nhe TRUE FOINT OF BEGINNING-
Situate in jefferson County, Ha8hingron. n
Vol @517 mr 0128.
ADDITIONAL AREA 1
ISIDEWALK AREA FROM WATERWALK TO BUILDING)
That porticn of the Southwest 1/4 of the Northwest 1/4 of Section m Tcwnship
30 North, Range 1 West. Willamette Meridian, being also that portion of Won—
15, Block 18 and Vacated Benton Street in the Flat of the Original Townsite of
the City of Port Townsend, according to the plat thereof, filed for record a-..
page 1. in Volume 1 of Flats, Records of jefferson County. Washington. lying7_..-
Northerly of'the Southeasterly Margin of Water Street, as same was dedicatnc1
in said Plat. and Northwesterly of the Northwesterly Margin of Front Street as
same was dedicated in said Plat. described as follows:
commencing az the Northwesterly Corner of said
in said Original Townsite Plat; thence aiong the North-
easterly Margin of Calhoun Street in said plat, thenc'_:_-
South 32 3152" East, a distance of 98.25 feet;
thence North 500 48'57" East, a distance cf 2.33 fee0
vhence South 39" 07'09- East, a distance of 14.69 feet;
thence North 500 16'00" East. a distance of 46.54 feet;
tnence North 210 19'42" East, a distance of 13.96 feet;
thence Norzh 50' 31'14" East, a distance of 15.47 feet;
thence North 380 04'23" East, a distance of 14,44 feet;
thence North 520 12'51" East, a distance of 17.83 feet
to -REFERENCE POINT 'X'" and TRUE POINT OF BEGINNING;
thence North 380 06'14" WaSt, a distance of 5.06 feev
thence North 50 32'31" East, a di$tance of 8.67 fee0,
thence South 380 06'14" East, a distance of 5.32 feet,
thence South 520 12'51" West, a distance of 8.66 feet,
to the TRUE POINT OF BEGINNING;
Situate in jefferson County. Washington.
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