RES 88-34 EASEMENTS INVOLVING CITY SEWER LIFT STATION MADISON AVERevised:
12-14-88, to correct Public
Hearing date of December 1,
1988, only.
CITY OF
625 Winslow Way East
RESOLUTION NO. 88-34 Winslow, Washington 98110
206-842.7633
A RESOI33TION OF THE CITY OF WINSLOW, rt~z~H~ PROVIDING
FOR TE~E EXCHANGE OF FASEM]~4TS INVOLVING CERTAIN PUBLIC
PROPERTY KNg, qN AS ~ CITY SEWER LIFT STATION LOCATED ON
MADISON AVEIqUE.
WHERFAS, the City of Winslow on October 6, 1987, approved the Shoreline
Substantial Develo~nant Permit and issued a Shoreline Conditional Use Penmit to
Carol King for construction of certain buildings at Eagle Harbor and Madison
Avenue, by Resolution 87-26, and
WHEREgS, the foregoing permit as ultimately approved by the State of
Washington, cont~t~lated the use of certain surplus public property of the
City of Winslow now being used as a City Sewer Lift Station and located on
Madison Avenue abutting Carol King' s property, for parking in cenjunctien
with such buildings, and
WHEREAS, the City of Winslow is permitted to convey such municipal
utilities property under RUW Section 35.94.040, and
WEEREAS, the centerplated King develoim~_nt permits have bean now approved
by the State of Washington subject to certain changes, which changes the City of
Winslow and Carol King concur in,
NOW, THEREFORE, be it resolved by the Mayor and Council of the City of
Winslow as follows:
Section 1. Pursuant to RCW Section 35.94.040, the City of Winslow
herewith determines that the City lands and property in question were acquired
for public utility purposes and to the extent they now are being made subject
to an easenent in favor of Carol King, her heirs, successors or assigns, it is
specifically determined and found that they are surplus to the city' s ncc~js,
and are not required for the providing of continued public utility service.
Section 2. A public hearing on this subject was duly conducted on
December 1, 1988, prior to the adoption of this resolutien.
Section 3. the terms and conditions of such exchange and the consideration
to be paid to the City of Winslow for any such easement granted by the city are con-
tained in Appendix 1, hereto consisting of two public access easements, together
with supporting exhibits incorporated herein by reference, which shall be filed and
made a public record as indicated therein; and the appropriate city officials are
directed to execute same and sign all other necessary legal documents.
Section 4. Based upon a professional opinion by Richards & Associates
dated November 21, 1988, evaluating the exchange of easements as set forth above,
contained in Appendix 2, hereto, and incorporated herein by reference, it is
specifically determined and found that the City of Winslow and the general public
shall receive greater or at least equal value as a result of these exchanges.
Section 5. Frc~ all of the information made available and the previous
findings adopted, it is specifically determined and found that the exchange of
easements, pursuant to RCW Section 35A.79.010, as set forth above are in the
public interest and for the caL~,on benefit of all and should be approved.
Furthermore, it is specifically determined that the following additional
findings of fact and conclusions of law are adopted:
(a) That the consideration is sufficient, adequate, and in the best
public interest; and
(b) That these proceedings and the public notice given did reasonably
apprise interested parties of the proceedings and property under consideration
under RCW Section 35.94.040, entitled "Lease or sale of land or property originally
acquired for public utility purposes", in that such conveyance is included thereunder
and no substantial detriment to any person has been shown.
RESOLVED this 15th day of December, 1988.
ATI~ST/AUTHENTICATE:
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City
FILED WITH THE CITY CLERK: December 14, 1988
PASSED BY THE CITY COUNCIL: December 15, 1988
PUBLISHED: December 21, 1988
EFFECTIVE DATE: December 26, 1988
RESOLUTION NO. 88-34
November 21, 1988
Mr. Robert O. Conoley,
Winslow City Attorney
PO Box 10160
216 Erickson Avenue NE
Bainbridge Island, WA 98110
N 0 V 3 0 lg88
'
Re: Proposed exchange of easements between the City of Winslow and Carol King.
Dear Mr. Conoley:
This letter responds to your request for a written opinion relative to the proposed exchange
of easements over properties owned by the two parties referenced above. The parcels
involved are identified hereafter by Assessor's Parcel Nos.: 262502-3-095-2000 (City) and
262502-3-996-2000 (King). I have read the drafts of the legal documents prepared to effect
the exchange, and my understanding of the proposal is as follows:
1)
The city proposes to gram Carol King a perpetual easement for parking over ap-
proximately the southern half of Parcel 095. Ms. King will also be granted an
easement for landscaping and a public walkway over the northern half of the
city's property. It will be Carol King's obligation to maintain the landscaping.
2)
In return for these easement rights, King proposes to grant the city and the
general public an easement across a yet-to-be-determined pedestrian path that
will follow the southern and eastern perimeter of Parcel 096. In addition, the city
and the general public will be granted a perpetual easement to use a waterfront
courtyard measuring approximately 22' x 55' to be located at the southwest comer
of Parcel 096. King also agrees to encumber her parking lot with an easement
for pedestrian access to a bridgehead that will be located near the northeast
comer of Parcel 096.
Your instructions are to evaluate this proposed exchange and to give my opinion as to'
whether the city and general public receive greater or equal value as a result of this
exchange of easements. My response is based on an inspection of the two properties in
question, and a general knowledge of commercial land values in the Winslow area. In
gMng my opinion I do not intend to estimate specific values for the respective rights to be
exchanged. This is not an appraisal, but rather an informed opinion by a professional in
the field of real estate valuation.
Richard d ssociates.
The key to the question if equal or greater value is received, lies in an evaluation of the
city-owned Parcel 095. This is the parcel to be surplused, and the one that is of greatest
concern legally. Parcel 095 is a 3,780 sf M/L commercially zoned site with 40' of frontage
on the east side of Madison Avenue South. The parcel slopes gently downward toward the
southeast and has mostly even terrain. It is improved with a sewer lift station, sewer maim,
manholes, and a generator shed.
The highest and best use of the land, if vacant and free and dear of all encumbrances, is
plottage with adjacent properties, since by itself, the city parcel is too small to constitute
a viable building site. The specific location of the property realistically gives it only two
potential buyers - the owners of adjoining parcels 096 and 094. To estimate the value of
a property with limited marketability, much depends on the motivations of the adjacent
property owners and how critical a role the parcel might have in some proposed
development scheme.
The problem is compounded in analyzing the highest and best use of the property as
improved. If potential uses are limited in the first instance, they are severely restricted in
the second. Nothing can be built on the parcel as emrrently encumbered, and the utility
of the parcel is limited to such uses as parking/landscaping. Encumbered by a sewer lift
station, manholes, shed, and sewer lines, Parcel 095 is even less marketable as improved
than under the first premise. The two most logical buyers would be even less motivated
to acquire a parcel of such reduced utility. The concept of Fair Market Value is very
tenuous in this situation, since it is basically a question of what price the purchaser is willing
to pay to obtain the property for a specific goal.
In the present case there is no immediate motivation on the part of Parcel 094 to the north
to acquire the city parcel. Although the parcel has no on-site parking, the existing
improvment is grandfathered under the current zoning. King's incentive to provide
sufficient parking spaces to meet the city's parking requirements for a proposed 9,000 sf
building is more substantial, but the ownership of Parcel 096 is not without alternatives.
Other nearby sites could be developed for parking, the building could be redesigned to
provide basement or first level parking, or a smaller building could be constructed. The
point is that King would not pay a premium to acquire interests in a parcel that is a
convenient solution to her parking:needs, but is not an essential piece in the overall
development.
In evaluating the respective easements, consideration must be given to the fact that most
of the city parcel is previously improved or would be encumbered by blanket public utility
easements. The value of an easement right is usually considered to be a percentage of fee
value. Thus, in computing the relative impact of the rights being taken, there would be less
impact on the previously encumbered Parcel 095 than on King's parcel, despite the fact that
the proposed pedestrian and courtyard easements fall mostly within the setback require-
ments from the water.
To summarize my response: for reasons of size, utility, and highest and best use as currently
improved and encumbered, it is my conclusion that the city is receiving at the very least
equivalent value for the parking and landscaping easements it proposes to grant King over
RichardsC 2 ssociates
its sewer pump station property. More reasonable is the conclusion that the city and
general public are receiving much greater value in return for the limited fights they are
giving up. This detem~ination assumes that the city could not have obtained the same
public easement rights as a part of the project's shorelines approval process.
If you have any questions regarding the contents of this letter, or require elaboration of any
of the points contained herein, please do not hesitate to give me a call.
Yours truly,
J. Randolph Mosher, MAI
GRANT OF EASEMENTS AND DEDICATION OF PUBLIC ACCESS AREAS
Carol King, a single person (hereafter "King" or "the
dedicator"), being the owner of the real property hereinafter
described, does hereby make in perpetuity for the use of the
public, including but not limited to the City of Winslow, a
municipal corporation, as a member thereof (hereafter "City" or
"Winslow"), in a manner consistent herewith, the following
dedication:
§ 1 AREAS TO BE DEDICATED
Subject to the limitations specified below, the
following areas (hereafter collectively termed "dedicated
areas") are hereby dedicated by King for the nonexclusive use
of the public:
Waterfront Courtyard. That portion of Government
Lot 4, Section 26, Township 25 North, Range 2 East, W.M., in
Kitsap County, Washington, described as follows:
[To be inserted in the form of metes and bounds after
construction for the approximate area depicted by the
cross-hatching on Exhibit A attached]
The area described by the preceding legal description shall be
hereafter referred to as the "Waterfront Courtyard."
Pedestrian Perimeter Path. That portion of
Government Lot 4, Section 26, Township 25 North, Range 2 East,
W.M., in Kitsap County, Washington, described as follows:
[To be inserted in the form of metes and bounds after
construction; terminal points (entryways/exits) to be
no less than three feet wide, and the path beyond the
entryways/exits to be no less than five feet wide,
including landscaping, and no narrower for foot
traffic than four feet wide, excluding landscaping.
The approximate area for the location of the
Pedestrian Perimeter Path is depicted within the
cross-hatching on the attached Exhibit A and may, at
the discretion of King, be moved or extended closer to
the waterfront.]
Page 1
The area described by the preceding legal description shall be
hereafter referred to as the "Pedestrian Perimeter Path."
PURPOSE OF DEDICATION
The Waterfront Courtyard and the Pedestrian Perimeter
Path are each dedicated to the use of the public, including but
not limited to Winslow, as a member thereof, in order to allow
pedestrian access and entry to the dedicated areas by the
members of the public for the purpose of their peaceful
enjoyment of the dedicated areas and the scenic views therefrom
of the waters of Eagle Harbor. The surface of the Waterfront
Courtyard and Pedestrian Perimeter Path shall be not less than
gravel or crushed rock. Dedicator reserves all rights and uses
in and to the dedicated areas which are not repugnant to the
uses herein granted. Landscaping shall not materially obscure
or obstruct the scenic views of Eagle Harbor and shall not
obstruct pedestrian traffic.
§ 3 LIMITATIONS ON DEDICATION
The rights of the public to its use of the dedicated
areas are subject to the following limitations:
(a) The Pedestrian Perimeter Path is closed to the
public each day from one-half hour after sunset to 9:00 AoM. of
the following day, and the public may not use or be within the
area of the Pedestrian Perimeter Path during such hours. The
Pedestrian Perimeter Path may be utilized by members of the
public during the hours that it is not closed to the public;
however, its use by members of the public is restricted to
pedestrians walking or standing upon it to view Eagle Harbor or
walking upon it as an access path to or from the Waterfront
Courtyard described herein and/or the Access Easement property,
including the bridgehead or viewing platform, as described in
the Reciprocal Grant of Easements and Dedication recorded under
Kitsap Recording No. 88
(b) The dedicator shall install and maintain, at the
terminal points of the Pedestrian Perimeter Path, "public
access signs." The dedicator may also conspicuously post
warning signs of any known dangerous artificial latent
condition on the dedicated areas.
(c) The dedicated areas may be closed to the public
by King from time to time for safety reasons or for repairs or
maintenance. King shall attempt to notify the City twenty-four
(24) hours prior to such closure or in any event shall notify
the City twenty-four (24) hours after such closure. The
closure may continue for such time as is reasonably necessary
to remedy the situation. In the event that there is a
Page 2
disagreement between King and the City over either the
necessity for or duration of the closure, either party shall
notify the other in writing that such party has elected to have
the disagreement arbitrated. In the event of such notice, a
hearing shall be heard by an arbitrator (who shall either be
the City Hearing Examiner (or such other body as replaces the
City Hearing Examiner), or, if either party so chooses, a judge
of the court of limited jurisdiction for the City) within five
(5) business days of receipt of such notice, The arbitrator
shall render a binding decision within five (5) business days
of the conclusion of the hearing.
(d) The dedicated areas may also be temporarily
closed at such other times as mutually agreed between King and
the City of Winslow.
(e) All City and State laws governing conduct on City
streets, sidewalks and in public areas shall be applicable to
the dedicated areas. The City shall provide police protection
and enforcement of the laws for both the benefit of King and
the public over the dedicated areas at no charge to King. The
City's police protection and enforcement shall be exercised in
the manner as is customary for the enforcement of City and
State laws upon the public streets, sidewalks or other public
areas.
(f) Access by members of the public to the nearby
waters of Eagle Harbor from the dedicated areas and to the
landscaped areas or the rockery bulkhead bordering or partially
located within the dimensions of the dedicated areas is not
permitted.
(g) Access by members of the public from the adjacent
waters of Eagle Harbor to the dedicated areas, the landscaped
areas, or the rockery bulkhead bordering the dedicated areas is
not permitted.
(h) Access by members of the public to the dedicated
areas by land vehicle or watercraft is specifically excluded
from this dedication. However, wheelchairs are not excluded
from the Waterfront Courtyard.
(i) Pursuant to RCW 4.24.200 and RCW 4.24.210, as now
or hereaft'er amended, neither the dedicator nor the City of
Winslow, nor the State of Washington, nor the agents or
employees of King, the City or the State shall be responsible
or held liable for unintentional injury or damage occurring to
members of the public availing themselves of the dedicated
areas, and in no event shall the dedicator, the City of
Winslow, or the State of Washington be responsible for any act
Page 3
or omission of a third party, or be responsible for the failure
to provide security, supervision, or guards for members of the
public for acts or omissions of other members of the public.
(j) The dedicator shall have the sole responsibility
for maintaining the dedicated areas to which the public shall
have access in a reasonably safe and nonhazardous condition,
and shall defend and save harmless the City of Winslow and the
State of Washington, including their agents and employees, from
any claims, real or imagined, asserted by any person for injury
or damages resulting from improper maintenance of or repairs to
said dedicated areas.
(k) The City may inspect the dedicated areas after
reasonable notice at any time in order to ensure compliance
with this document.
(1) Unless advised in writing of a name or address
change, the notices required in this dedication shall be deemed
given when delivered in writing with an acknowledgment of
receipt or an affidavit of service to the applicable party at
the following address:
To the City of Winslow:
Land Use Administrator
City Hall
City of Winslow
625 Winslow Way E.
Winslow, WA 98110
To the dedicator:
(At such address as is
furnished in a notice by
the dedicator from time to time.)
(m) Any future permanent restrictions to or
termination of this document is subject to the prior written
approval of the Washington Department of Ecology.
§ 4 AUTHORITY OF DEDICATOR
King warrants to the City of Winslow that her
ownership interest in the real property described herein
includes the full power to enter into agreements and/or
covenants which will run with the land and bind all future
owners of said property, their heirs, successors and assigns.
This grant of easements and dedication binds both present and
future owners of the property and runs with the land.
Page 4
MISCELLANEOUS
When used herein:
(a) The terms "King" and "the dedicator" include her
heirs, successors and assigns who own the dedicated areas.
(b) The term "land vehicle" includes, but is not
limited to, all motorized vehicles, all bicycles, skates and
skateboards, and all other vehicles and wheeled apparatus
designed to operate upon land, whether or not self-propelled.
(c) The term "public access signs" refers to signs
depicting the State of Washington's logo for shoreline public
access. Upon such signs or composite signs, King may also
describe the limitations on the use of the dedicated areas. If
signs describing such limitations are utilized, the parties
agree that such signs will initially read substantially as
follows:
PUBLIC ACCESS
Unless gate is locked, open to pedestrian traffic from
9 ~ to one-half hour after sunset. Please respect
the rights of the property owner and tenants. Call
City of Winslow Land Use Department for information.
Before King installs public access signs describing the
limitations on the use of the dedicated areas in language not
substantially as set forth above, King and Winslow will first
attempt to agree upon language which accurately describes the
limitations on such use. If King and Winslow are not able to
agree on the wording for such signs, either party may demand
that the issue be mediated by the State of Washington,
preferably by the Shorelands Program of the Department of
Ecology, or, if renamed, to its successor, or, if no longer in
existence, then' by such department of the State of Washington
which is charged with the duty of enforcing the state's
Shorelines Management Act. Notwithstanding the provisions of
this paragraph relating to the parties' attempt to agree upon
the wording of the public access signs through mediation or
otherwise, nothing herein shall be construed to prevent the
installation and maintenance of such signs which recite the
applicable language of the § 3 Limitations on Dedication or the
§ 5(b) definition of "land vehicle."
Page 5
EFFECTIVE DATE
This dedication shall become effective upon its
recordation by the City of Winslow in the Department of Records
and Elections for Kitsap County. Recordation, however, shall
not occur until the City of Winslow issues a certificate of
occupancy for the development proposal under Permit #4-27-87-1
as defined in the document recorded under Kitsap Recorder's No.
88
KING/DEDICATOR:
c~ol Kin,
STATE OF WASHINGTON )
) sso
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that
Carol King signed this instrument to be her free and voluntary
purposes mentioned in the foregoing
act for the uses and
instrument.
DATED: I/~/~
My appointment expires ~//2/~t
ACCEPTANCE OF DEDICATION BY CITY OF WINSLOW
This dedication is accepted the oda of ~. ,
1988, on behalf of the public by the City f Winslow.
CITY OF WINSLOW
By ~T~awr~
Alice B.
Page 6
0733B
Clerk/Treasurer
APPROVED AS TO FORM:
Robert O. Conoley,
City Attorney
Page 7
.(--
After Recording Mail To:
Reaugh Fischnaller & Oettinger
Richard S. Oettinger
3000 Westin Bldg.
Seattle, WA 98121
RECIPROCAL GRANT OF EASEMENTS AND DEDICATION
RECITALS
A. Dominant Estate. Carol King, a single person,
(hereafter "King") is the owner of the Dominant Estate legally
described as follows:
That portion of Government Lot 4, Section 26, Township 25
North, Range 2 East, W.M., and that portion of the 2nd
Class Tideland situate in front of said Government Lot 4,
Section 26, and Government Lot 4, Section 27, Township 25
North, Range 2 East, W.M., in Kitsap County, Washington,
described as follows:
Commencing at a concrete monument on the Westerly limits of
said Government Lot 4, Section 26, from which the Northwest
corner of said Government Lot 4 bears North 0°04'55" East a
distance of 936.16 feet; thence South 0°04'55" West, along
the Westerly limits of said Government Lot 4, Section 26, a
distance of 39.94 feet to the Southerly margin of County
Road No. 259 and the True Point of Beginning; thence South
89°55'05'' East, along said Southerly margin, a distance of
20.00 feet to the Easterly margin of said County Road No.
259; thence North 0°04'55'' East along said Easterly margin,
a distance of 172.73 feet; thence South 89°55'05" East
89.34 feet; thence North 19~.15'40'' East 105.88 feet; thence
South 89~55'05" East 70.88 feet, more or less, to the
Westerly limits of Lot 7, Block 6, Stafford's Addition to
Winslow; thence South 0°04'55" West, along said Westerly
limits of said Lot 7, a distance of 77.09 feet, more or
less, to the Southwest corner of said Lot 7; thence South
61°30'25'' West, along the Southwesterly projection of the
Southeasterly limits of said Lot 7, a distance of 22.77
feet to a line 20.00 feet Westerly of and parallel to the
Westerly limits of Lot 6, Block 6, said plat of Stafford's
Addition to Winslow; thence South 0°04'55'' West, along said
parallel line, a distance of 115.96 feet to the meander
line; thence North 65°53'55" West along the meander line,
50.40 feet to an angle point on the meander line; thence
South 49°04'55" West, continuing along the meander line
27.12 feet; thence South 0°04'55'' West 77.51 feet; thence
South 85°36'24" West 128.89 feet to the Westerly limits of
-1-
said Government Lot 4, Section 26; thence North 0°04'55"
East, along said Westerly limits of said Government Lot 4,
Section 26, 16.06 feet to the True Point of Beginning.
(Also known as Lot A of City of Winslow Short Plat Number
1.) Recorded under Recording Number 8208230094.
Except that portion described as follows: Commencing at a
concrete monument on the west line of said Government Lot
4, Section 26, from which the northwest corner of said
Government Lot 4, Section 26 bears N 0°04'55" E a distance
of 936.16 feet; thence S 0°04'55'' W along the west line of
said Government Lot 4, Section 26 a distance of 39.94 feet
to the south line of County Road No. 259 and the True Point
of Beginning; thence S 89°55'05" E along said south line a
distance of 20.00 feet to the east line of said County Road
No. 259; thence along the southerly projection of said east
line of County Road No. 259 S 0°04'55'' W a distance of
14.50 feet; thence S 85°36'24" W a distance of 20.06 feet;
thence N 0°04'55" E a distance of 16.06 feet to the True
Point of Beginning.
B. Servient Estate. The City of Winslow, a municipal
corporation, (hereafter "Winslow") is the owner of the Servient
Estate legally described as follows:
The South 40 feet of that portion of Govt. Lot 4, Section
26, Township 25 North, Range 2 East, W.M., Kitsap County,
Washington described as follows:
Beginning on a point on the center line of the established
County Road from which point the N.W. corner of said Govt.
Lot 4 bears North 0° 04' 55" east along the section line
between sections 26 and 27, said township and range a
distance of 603.37 feet, said point being marked by a hub;
thence along the center of said county road south 0~ 04'
55" west a distance of 100 feet to the true point of beg.;
thence south 89~ 55' 05" east a distance of 20 feet to an
iron pipe on the ease margin of said county road; thence
cont. south 89° 55' 05" east 124.12 feet to a point north
89° 55' 05" west 15.88 feet from an iron pipe on the
westerly side of a ravine; thence parallel with the
westerly side of said ravine south 19° 15' 40" west 119.08
feet; thence south 0° 04' 55" west 109.90 feet to the Govt.
Meander Line; thence southwesterly along said meander line
to the center line of said county road and the line between
said sections 26 and 27; thence north 0~ 04' 55" east along
said line to the true point of beginning; Except road.
C. Permits. King has made application to Winslow for a
Conditional Use Permit and a Shoreline Substantial Development
-2-
Permit (SSDP #4-27-87-1) which have been granted pursuant to
Winslow City Council Resolution No. 87-26 (hereafter "Permit
#4-27-87-1") partially conditioned upon the fact that applicant:
Grant permanent public access by recorded
easement for a public pedestrian trail from the
east property line of the City owned property to
connect with a foot trail, or bridge, or public
viewing platform, as ultimately approved by the
City Planning Agency and/or Hearing Examiner;
Grant by recorded easement permanent access
across Applicant's waterfront for possible future
installation of the public footbridge, foot trail
or public viewing platform, linking with the
interior trail;
Provide permanent parklike landscaping which
shall be developed and maintained by the
applicant on the unused north half of the city
property (known as the city sewer facility)
adjacent to her parcel, which shall be conducive
to public access.
Such landscaping shall permit as needed the
public trail to connect with the trail head,
bridge or viewing platform. It shall not cover
any manholes, prevent use of the lift station, or
in any manner preclude use for utility purposes.
Accept from the City by permanent recorded
easement the use by Applicant of the not more
than south one-half of the city's above property
abutting Applicant's northern boundary (known as
the city sewer facility.) The use shall be
limited to providing Applicant-related parking
spaces and establishing landscaping in compliance
with WMC 18.56.120 ....
Agree that all easements run with the land; bind
successors and assigns; be effective regardless
of whether the waterfront trail system is
established or that a bridge is installable.
D. Compliance with Conditions. Winslow and King
(hereafter "parties") have agreed that the easements granted
below at §§ 1 through 5 fully satisfy those conditions of
Resolution No. 87-26 which are set forth in the preceding
-3-
recital. as amended by the final settlement conditions of the
Shoreline Substantial Development Permit Appeal involving these
parties.
E. Effective Date. The parties have agreed that these
reciprocal easements shall become effective immediately upon
the recording of this document which, however, shall not occur
until a building permit is issued for development of the
Dominant Estate under Permit #4-27-87-1, and which may include
such changes as the parties mutually agree upon or as required
by law.
AGREEMENT
NOW, THEREFORE, for mutual consideration, including the
mutual benefits and obligations to be derived by both parties
and the public as a result of the parties' mutual performance
of this Reciprocal Grant of Easements, the parties agree as
follows:
§ 1 Access Easement for Public Footbridge or Viewing
Platform. King hereby dedicates, grants and conveys to
Winslow and the public an Access Easement for the purposes
described below over that portion of the Dominant Estate
described on Exhibit "A", attached hereto and hereby
incorporated by this reference (hereafter "Access Easement
property").
§ 2 Public Footbridge, Trail or Viewing Platform. By the
Access Easement hereby granted in § 1, Winslow and the public
shall have full and free right, authority and liberty to
nonexclusive use and enjoyment of the Access Easement property
for purposes of a public footbridge, foot trail or public
viewing platform to be constructed and maintained by Winslow at
its sole discretion, cost and expense.
§ 3 Parking Easement. Winslow hereby grants and conveys
to King an exclusive easement for parking on the south half of
the Servient Estate (hereafter "Parking Easement property") to
be constructed and maintained by King at her sole cost and
expense subject to use by the City for generator, sewer lift
station and manhole as shown on Exhibit B. Any parking shall
not interfere with the City's use of this equipment.
§ 4 Landscape Easement. Winslow also hereby grants and
conveys to King an easement and right of way for landscaping on
the north half of the Servient Estate (hereafter "Landscape
Easement property"). The landscaping shall be developed and
maintained by King consistent with the final site plan
submitted by King and approved by Winslow. Such landscaping
shall permit as needed the public trail on the Servient Estate
which shall be maintained by King to connect with the foot
trail, bridge or viewing platform on the Access Easement
property. The landscaping shall not cover any manholes on or
prevent use of the lift station on, or in any manner preclude
use for utility purposes of any part of the Servient Estate.
The public trail surface shall be not less than gravel or
crushed rock. The landscaping shall be consistent with
permitting public scenic views of the waterfront.
§ 5 ReciDrocal Pedestrian Access Easements. King and
Winslow hereby grant and convey to each other a reciprocal
easement and right of way for pedestrian ingress, egress and
regress across the Landscape Easement property, the Parking
Easement property, and the Access Easement property. King also
dedicates, grants and conveys to Winslow and the public an
easement and right of way for pedestrian ingress, egress and
regress across certain improved portions of the Dominant Estate
(hereafter "pedestrian paths") which shall be constructed and
maintained by King to provide access between the Landscape and
Parking Easement properties of the Servient Estate and the
Access Easement property of the Dominant Estate. These
easements for pedestrian traffic are granted by the parties for
the purpose of enabling members of the public to use them for
viewing and enjoying the scenic sites of Eagle Harbor and
include the full and free right of each party and their
respective tenants, guests, licensees and invitees in common
with the public in general, at all times hereafter to cross,
pass and repass on foot or by wheelchair along and across any
sidewalk or parking lot now or hereafter constructed upon the
Servient Estate and the public footbridge, foot trail or public
viewing platform on the Access Easement property and the
parties shall not place any sign or device to prohibit public
access; provided that said sidewalks, parking lot, public
footbridge, foot trail or public viewing platform may be
temporarily closed for construction, repairs or maintenance
purposes, or for safety reasons and the sidewalks or pedestrian
paths may be hereafter altered, modified or relocated upon the
mutual consent of the owners of the Dominant and Servient
Estates. When temporarily closing said sidewalks, parking lot,
public footbridge, foot trail or public viewing platform, the
party so closing such area shall attempt to notify the other
twenty-four (24) hours prior to such closure or in any event
twenty-four (24) hours after such closure. The closure may
continue for such time as is reasonably necessary to remedy the
situation. In the event that there is a disagreement between
the parties over either the necessity for or duration of the
closure, either party shall notify the other in writing that
such party has elected to have the disagreement arbitrated. In
the event of such notice, a hearing shall be heard by an
arbitrator (who shall either be the City Hearing Examiner (or
such other body as replaces the City Hearing Examiner), or, if
either party so chooses, a judge of the court of limited
-5-
jurisdiction for the City) within five (5) business days of
receipt of such notice. The arbitrator shall render ~ binding
decision within five (5) business days of the conclusion of the
hearing. Nothing herein shall be construed to grant or convey
a right of ingress, egress or regress across such portions of
either the Servient Estate or the Dominant Estate which are
either temporarily closed or which are hereafter altered,
modified or relocated in accordance with applicable law.
Public access signs may be installed by either owner of the
Dominant or Servient Estate upon such owner's respective
property at the owner's discretion and expense. King may also
install public access signs on the Servient Estate at her own
discretion and expense. King shall install at her expense any
public access signs required by the State of Washington's
Department of Ecology on the Dominant or Servient Estate.
§ 6 Waterfront CourtVard. Attached as Exhibit B is a
portion of a site plan dated April 28, 1987, as last revised
on , which depicts a portion of the schematic
design for the Dominant Estate. Marked upon said site plan and
located within a perimeter boundary with marked dimensions of
55' by 22' is an irregular shaped parcel of property delineated
by the words "Waterfront Courtyard" within cross-hatching.
Subject to certain limitations specified in the dedication,
King intends to dedicate the Waterfront Courtyard in the
approximate area as depicted on Exhibit B for the nonexclusive
use of the public for its peaceful enjoyment and for the scenic
views therefrom of the waters and environs of Eagle Harbor and
to allow the public to walk from the courtyard to and through
the pedestrian perimeter path, Access Easement property,
Parking Easement property and Landscape Easement property.
Such dedication will contain a precise legal description, will
be conveyed by a subsequent document entitled "Grant of
Easements and Dedication of Public Access Areas" and will
become effective when and as therein agreed between the parties
upon issuance of a certificate of occupancy for the development
proposal under Permit #4-27-87-1. Access by members of the
public between the Waterfront Courtyard and the adjacent waters
of Eagle Harbor or upon the landscaped areas or the rockery
bulkhead of the Waterfront Courtyard will not be permitted
under such dedication.
§ 7 Other Areas Unaffected. Although an outdoor
pedestrian perimeter path will be constructed on the Dominant
Estate along an existing bulkhead (the approximate location of
which path is depicted within the cross-hatching on Exhibit C)
and, by agreement between the parties and the State of
Washington, will have specific restrictions and limitations
upon its use as provided in the document entitled "Grant of
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Easements and Dedication of Public Access Areas" which the
parties anticipate will be subsequently recorded, the specific
grant of the foregoing easements is not intended to exclude the
public from its reasonable utilization of the other outdoor
courtyard depicted on Exhibit B and labeled "Interior
Courtyard" or the other outdoor paths to be constructed by King
on the Dominant Estate for the uses and purposes for which such
amenities are provided. The owner of the Dominant Estate
hereby specifically consents to and gives permission for the
public's use of the Interior Courtyard and other outdoor paths
(exclusive of the perimeter path) on the property when they are
constructed.
§ 8 Duration and Successors. Any future permanent
restrictions to or termination of this document is subject to
the prior written approval of the Washington Department of
Ecology. This easement and the covenants and agreements hereby
are perpetual and intended to run with the land and to bind
King and Winslow, and their respective successors and assigns
(i.e., all subsequent owners of the Dominant and the Servient
Estates described herein).
KING:
person
WINSLOW:
THE CITY OF WINSLOW
By ~~r~
Alice B. Taw
Attested:
By Donna 3~n,
Clerk/Treasurer
TO~.ORM:
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STATE OF WASHINGTON )
) ss:
COUNTY OF KiTSAP )
Acknowledgment of King
On this day personally appeared before me Carol King to me
known to be the individual 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 ~t~.~,~ , 198~.~'~
NOTARY'PUBLIC in and f6~'the
state of WashingtOn,. . l
residing at ~-F ,~. --"~[~r /5~.
My appointment expires ~/?/~/.
STATE OF WASHINGTON )
) ss: Acknowledgment of Winslow
COUNTY OF KITSAP )
On this '2~07~-- day of ~1~_~-~_~-~ , 1988, before me
personally appeared Alice B. Tawresey and Donna Jean Buxton, to
me known to be the mayor and clerk/treasurer of the City of
Winslow, respectively, that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that
they were authorized to execute said instrument.
In Witness Whereof I hay reunto set my hand and affixed
my official seal the day and ' ' .
NOTARY PUBLIC in and for th~
state of Washin~_~on,
residing at ~. ~ .; 6~/~· .
My appointment expires;D-;~-~.
0284B
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TEMPORARY EXHIBIT A
to
RECIPROCAL GRANT OF EASEMENTS AND DEDICATION
between
Carol King, owner of the Dominant Estate, and
the City of Winslow, owner of the Servient Estate
Legal Description for Access Easement property
(To be inserted in the form of metes and bounds for the eight
foot wide easement to be located at the approximate location
depicted below in the crosshatching for the footbridge)
II' .z~
II.
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After Recording, Mail to:
Robert Conoley
Attorney at Law
P. O. Box 3305
Silverdale, WA
98383
MEMORANDUM OF AGREEMENT
This is a memorandum of two agreements between Carol King
and the City of Winslow which are entitled:
(1) Reciprocal Grant of Easements and Dedication, and
(2) Grant of Easements and Dedication of Public Access Areas
concerning portions of the two lots ("premises") legally
described and commonly known as follows:
King's Lot - That portion of Government Lot 4, Section 26,
Township 25 North, Range 2 East, W.M., and that portion of
the 2nd Class Tideland situate in front of said Government
Lot 4, Section 26, and Government Lot 4, Section 27,
Township 25 North, Range 2 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at a concrete monument on the Westerly limits of
said Government Lot 4, Section 26, from which the Northwest
corner of said Government Lot 4 bears North 0°04'55" East a
distance of 936.16 feet; thence South 0°04'55" West, along
the Westerly limits of said Government Lot 4, Section 26, a
distance of 39.94 feet to the Southerly margin of County
Road No. 259 and the True Point of Beginning; thence South
89°55'05" East, along said Southerly margin, a distance of
20.00 feet to the Easterly margin of said County Road No.
259; thence North 0°04'55" East along said Easterly margin,
a distance of 172.73 feet; thence South 89~55'05" East 89.34
feet; thence North 19~15'40" East 105.88 feet; thence South
89~55'05'' East 70.88 feet, more or less, to the Westerly
limits of Lot 7, Block 6, Stafford's Addition to Winslow;
thence South 0~04'55'' West, along said Westerly limits of
said Lot 7, a distance of 77.09 feet, more or less, to the
Southwest corner of said Lot 7; thence South 61~30'25'' West,
along the Southwesterly projection of the Southeasterly
limits of said Lot 7, a distance of 22.77 feet to a line
20.00 feet Westerly of and parallel to the Westerly limits
of ]jot 6, Block 6, said plat of Stafford's Addition to
Winslow; thence South 0°04'55" West, along said parallel
line, a distance of 115.96 feet to the meander line; thence
North 65°53'55'' West along the meander line, 50.{p feet to
an angle point on the meander line; thence South 49°04'55''
West, continuing along the meander line 27.12 feet; thence
South 0~04'55" West 77.51 feet; thence South 85~36'24'' West
128.89 feet to the Westerly limits of said Government Lot 4,
Section 26; thence North 0°04'55'' East, along said Westerly
limits of said Government Lot 4, Section 26, 16.06 feet to
the True Point of Beginning. (Also known as Lot A of City
of Winslow Short Plat Number 1.) Recorded under Recording
Number 8208230094.
Except that portion described as follows: Commencing at a
concrete monument on the west line of said Government Lot 4,
Section 26, from which the northwest corner of said
Government Lot 4, Section 26 bears N 0~04'55" E a distance
of 936.16 feet; thence S 0~04'55" W along the west line of
said Government Lot 4, Section 26 a distance of 39.94 feet
to the south line of County Road No. 259 and the True Point
of Beginning; thence S 89°55'05" E along said south line a
distance of 20.00 feet to the east line of said County Road
No. 259; thence along the southerly projection of said east
line of County Road No. 259 S 0°04'55" W a distance of 14.50
feet; thence S 85~36'24" W a distance of 20.06 feet; thence
N 0°04'55" E a distance of 16.06 feet to the True Point of
Beginning.
Winslow's Lot - The South 40 feet of that portion of Govt.
Lot 4, Section 26, Township 25 North, Range 2 East, W.M.,
Kitsap County, Washington described as follows:
Beginning on a point on the center line of the established
County Road from which point the N.W. corner of said Govt.
Lot 4 bears North 0° 04' 55" east along the section line
between sections 26 and 27, said township and range a
distance of 603.37 feet, said point being marked by a hub;
thence along the center of said county road south 0~ 04' 55"
west a distance of 100 feet to the true point of beg.;
thence south 89° 55' 05" east a distance of 20 feet to an
iron pipe on the east margin of said county road; thence
cont. south 89~ 55' 05" east 124.12 feet to a point north
89° 55' 05" west 15.88 feet from an iron pipe on the
westerly side of a ravine; thence parallel with the westerly
side of said ravine south 19~ 15' 40" west 119.08 feet;
thence south 0~ 04' 55" west 109.90 feet to the Govt.
Meander Line; thence southwesterly along said meander line
to the center, line of said county road and the line between
said sectiqns"26 and 27; thence north 0~ 04' 55" east along
said line to the true point of beginning; Except road.
For good and valuable consideration, the p~rties have each
agreed to grant easements to the other for use of a portion of the
above described premises, under the provisions contained and
effective upon occurrence of the events. described in the
aforementioned unrecorded agreements, which unrecorded agreements
are incorporated in this Memorandum by reference and thereby made a
part hereof.
This Memorandum is not a complete summary of the aforementioned
unrecorded agreements; and the provisions of this Memorandum shall
not be used in interpreting the agreements. In the event of a
conflict between this Memorandum and the aforementioned unrecorded
agreements, said unrecorded agreements shall control.
IN WITNESS WHEREOF, the parties have executed this Memorandum
on December ~O'~_, 1988, at Winslow, Washington.
City of Winslow
By Alice Tawresey,
0962B
Carol King
ATFEST
After Recording, Mail to:
Robert Conoley
Attorney at Law
P. O. Box 3305
Silverdale, WA
98383
MEMORANDUM OF AGREEMENT
This is a memorandum of two agreements between Carol King
and the City of Winslow which are entitled:
(1) Reciprocal Grant of Easements and Dedication, and
(2) Grant of Easements and Dedication of Public Access Areas
concerning portions of the two lots ("premises") legally
described and commonly known as follows:
King's Lot - That portion of Government Lot 4, Section 26,
Township 25 North, Range 2 East, W.M., and that portion of
the 2nd Class Tideland situate in front of said Government
Lot. 4, Section 26, and Government Lot 4, Section 27,
Township 25 North, Range 2 East, W.M., in Kitsap County,
Washington, described as follows:
Commencing at a concrete monument on the Westerly limits of
said Government Lot 4, Section 26, from which the Northwest
corner of said Government Lot 4 bears North 0°04'55" East a
distance of 936.16 feet; thence South 0°04'55" West, along
the Westerly limits of said Government Lot 4, Section 26, a
distance of 39.94 feet to the Southerly margin of County
Road No. 259 and the True Point of Beginning; thence South
89~55'05" East, along said Southerly margin, a distance of
20.00 feet to the Easterly margin of said County Road No.
259; thence North 0~04'55" East along said Easterly margin,
a distance of 172.73 feet: thence South 89o55'05" East 89.34
feet; thence North 19°15'40" East 105.88 feet; thence South
89~55'05'' East 70.88 feet, more or less, to the Westerly
limits of Lot 7, Block 6, Stafford's Addition to Winslow;
thence South 0°04'55'' West, along said Westerly limits of
said Lot 7, a distance of 77.09 feet, more or less, to the
Southwest corner of said Lot 7; thence South 61°30'25'' West,
along the Southwesterly projection of the Southeasterly
limits of said Lot 7, a distance of 22.77 feet to a line
20.00 feet Westerly of and parallel to the Westerly limits
of Lot 6, Block 6, said plat of Stafford's Addition to
Winslow; thence South 0°04'55'' West, along said parallel
line, a distance of 115.96 feet to the meander line; thence
North 65°53'55" West along the meander line, 50.4,p feet to
an angle point on the meander line; thence South 49~04'55"
West, continuing along the meander line 27.12 feet; thence
South 0~04'55" West 77.51 feet; thence South 85~36'24'' West
128.89 feet to the Westerly limits of said Government Lot 4,
Section 26; thence North 0~04'55" East, along said Westerly
limits of said Government Lot 4, Section 26, 16.06 feet to
the True Point of Beginning. (Also known as Lot A of City
of Winslow Short Plat Number 1.) Recorded under Recording
Number 8208230094.
Except that portion described as follows: Commencing at a
concrete monument on the west line of said Government Lot 4,
Section 26, from which the northwest corner of said
Government Lot 4, Section 26 bears N 0°04'55" E a distance
of 936.16 feet; thence S 0°04'55" W along the west line of
said Government Lot 4, Section 26 a distance of 39.94 feet
to the south line of County Road No. 259 and the True Point
of Beginning; thence S 89~55'05" E along said south line a
distance of 20.00 feet to the east line of said County Road
No. 259; thence along the southerly projection of said east
line of County Road No. 259 S 0~04'55" W a distance of 14.50
feet; thence S 85°36'24" W a distance of 20.06 feet; thence
N 0°04'55" E a distance of 16.06 feet to the True Point of
Beginning.
Winslow's Lot - The South 40 feet of that portion of Govt.
Lot 4, Section 26, Township 25 North, Range 2 East, W.M.,
Kitsap County, Washington described as follows:
Beginning on a point on the center line of the established
County Road from which point the N.W. corner of said Govt.
Lot 4 bears North 0~ 04' 55" east along the section line
between sections 26 and 27, said township and range a
distance of 603.37 feet, said point being marked by a hub;
thence along the center of said county road south 0° 04' 55"
west a distance of 100 feet to the true point of beg.;
thence south 89° 55' 05" east a distance of 20 feet to an
iron pipe on the east margin of said county road; thence
cont. south 89° 55' 05" east 124.12 feet to a point north
89° 55' 05" west 15.88 feet from an iron pipe on the
westerly Side of a ravine; thence parallel with the westerly
side of said ravine south 19~ 15' 40" west 119.08 feet;
thence south 0~ 04' 55" west 109.90 feet to the Govt.
Meander Line; thence southwesterly along said meander line
to the center. line of said county road and the line between
said sectiqns"26 and 27; thence north 0~ 04' 55" east along
said line to the true point of beginning; Except road.
For good and valuable consideration, the p~rties have each
agreed to grant easements to the other for use of a portion of the
above described premises, under the provisions contained and
effective upon occurrence of the events. described in the
aforementioned unrecorded agreements, which unrecorded agreements
are incorporated in this Memorandum by reference and thereby made a
part hereof.
This Memorandum is not a complete summary of the aforementioned
unrecorded agreements; and the provisions of this Memorandum shall
not be used in interpreting the agreements. In the event of a
conflict between this Memorandum and the aforementioned unrecorded
agreements, said unrecorded agreements shall control.
IN WITNESS WHEREOF, the parties have executed this Memorandum
on December ~O'~_. 1988, at Winslow, Washington.
City of Winslow
By Alice Tawresey, Mayor~//
0962B
Carol King
ATTEST
.C
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ri / ~
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~,~ [~
TEMPORARY EXHIBIT A
to
RECIPROCAL GRANT OF EASEMENTS AND DEDICATION
between
Carol King, owner of the Dominant Estate, and
the City of Winslow, owner of the Servient Estate
Legal Description for Access Easement property
(To be inserted in the form of metes and bounds for the eight
foot wide easement to be located at the approximate location
depicted below in the crosshatching for the footbridge)
S~TF Pt AN
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I MADISON AVENUE SOU'D'4