RES 89-49 PERMITS FOR CAROL KINGROC:sk
Date: 10-24-89
Was Considered:
10-19-89
RESOLUTION NO. 89-49
A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OF
WINSLOW OFFICIALS TO APPROVE, SIGN, AND ISSUE THE
NECESSARY PERMITS AND LEGAL DOCUMENTS, INCLUDING
EASEMENTS, FOR THE CAROL KING APPLICATION ON MADISON
AVENUE CONSISTENT WITH THE DECISION OF THE SHORELINES
HEARINGS BOARD.
WHEREAS, the State Shorelines Hearings Board has
after hearing remanded the Carol King application (SHB No.
87-53) to the City of Winslow for re-issuance of the permit
for a Shoreline Management Substantial Development dated
October 6, 1987, pursuant to City Resolution 87-26, and as
amended by negotiated settlement, and
WHEREAS, the State Shorelines Hearings Board adopted
such conditions but added two supplemental cenditions to its
approval of said permit and requested that the City of
Winslow issue said permit and all related permits in
conformance with all conditions stated,
NOW, THEREFORE, be it resolved by the Council of the
City of Winslow, Washington, as follows:
Section 1. The Shorelines Hearings Board's final
order and decision in SHE 87-53, is herewith adopted,
incorporated herein by reference, and attached hereto as
Exhibit "A", as if fully set forth herein and shall govern
the Carol King application; and
Section 2. Said board's conditions shall be
implemented requiring that the waterfront perimeter path be
not less than eight feet (8') in width and that the gates be
not less than four (4') feet wide and that the waterfront and
interior courtyards shall be made fully accessible at
applicantts sole expense to handicapped pedestrians,
including people in wheelchairs, all in accordance with the
remaining conditions of public use specified therein; and
Section 3. The Mayor and other appropriate
officials shall be authorized immediately to amend and
execute the necessary legal instruments and permits to effect
these above conditions including the easements previously
entered into between King and the City of Winslow provided
that the number of square feet in the interior courtyard and
the public easements shall not be less than that which was
approved in the site plan adopted by the City Council in the
initial shoreline permit approved, said revised permit
attached hereto as Exhibit "B", without further hearings or
delays.
APPROVED BY THE CITY COUNCIL of the City of Winslow,
Washington, this 19th day of October , 1989.
ATTEST/AUTHENTICATE:
ALICE B. TAWRE
~DONNA JEAN BUXTON, Clerk/Treasurer
APPROVED AS TO FORM:
ROBERT O. CONOLEY, City Attorney
FILED WITH THE CITY CLERK: 10-13-89
APPROVED BY THE CITY COUNCIL: 10-19-89
RESOLUTION NO. 89-49
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BEFORE THE SHORELINES HEARINGS BOARD
STATE OF WASHINGTON
BAINBRIDGE ISLAND CONCERNED
CITIZENS ("BICC"),
Appellant-Intervenor,
State of Washington, DEPARTMENT
OF ECOLOGY, CITY OF WINSLOW,
and CAROL KING,
Respondents.
SHB NO. 87-53
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
On December 18, 1987, Carol King filed an appeal with the Shoreline
Hearings Board ("Board") contesting the Department of Ecology's denial
of a conditional use permit issued by the City of Winslow for a mixed
use commercial building adjacent to the shoreline in Eagle Harbor,
Winslow. On December 30, 1988, Bainbridge Island Concerned Citizens
("BICC") moved to intervene. The Board scheduled motions practice.
Subsequently, on January 9, 1989, permittee King, the City of Winslow
and the Department of Ecology ("DOE") filed a settlement. The Board
s. F, z~o, 9sz~--os--s-~v, ~ "At~
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granted intervention and stated that the permit as then approved by DOE
in the settlement, constituted the "project" on appeal. (For more
procedural history, see "Order Granting Intervention and Denying
Dismissal", February 28, 1989). The parties were realigned to reflect
their current posture.
The hearing on the merits concluded on May 16, 1989 with the filing
of closing argument. Testimony was heard on April 17, 1989 in Winslow
and April 18, 1989 in Lacey. Present for the Board were members:
Judith A. Bendor, Presiding; Wick Dufford, Chairman; Harold S.
Zimmerman, Nancy Burnerr, Robert C. Schofield and Richard Gidley.
Appellant BICC was represented by Attorney J. Richard Aramburu
(Seattle). Respondent King was represented by Attorney Richard S.
Oettinger of Reaugh Fischnaller & Oettinger (Seattle). Respondent DOE
was represented by Assistant Attorney General Allen T. Miller, Jr.
Court reporters with Gene Barker & Associates recorded the proceedings.
The Board and the parties went on the site visit the first hearing
day.
Having reviewed the evidence and counsel's contentions, and being
fully advised, the Board announced its decision on May 31, 1989, and
requested respondent King to file a Proposed Order, which was done.
The Findings of Fact, Conclusions of Law and Order herein confirm that
decision, and is final for purposes of appeal. WAC 461-08-220.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(2)
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FINDINGS OF FACT
I
Respondent Carol King owns real property in the City of Winslow,
Bainbridge Island (Kitsap County) Washington. The property is adjacent
to Eagle Harbor, at the corner of Madison Avenue South and Parfitt
Way. The property consists of approximately 17,000 square feet of
upland ("Property"), and tidal property directly adjacent to the east
("tidal slough") 13,629 square feet.
The City owns real property ("sewer property") directly north of
the King Property, which has a sewer lift station and a generator shed.
Immediately to the north of the sewer property is a dry cleaning
business.
A marina lies to the south of King's Property. To the west is
Madison Avenue South and a public courtyard in the Madison Avenue
street-end which directly overlooks Eagle Harbor and the Winslow Wharf
marina. This "street-end courtyard" slightly encroaches over King's
Property.
The King Property is surrounded by a steep, rocky, rip rap
bulkhead. The Property is generally level, sloping slightly to the
southern bulkhead. A large madrona tree grows on the west side of the
Property along Madison Avenue. The Property is generally covered with
low vegetation and a few small trees.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB NO. 87-53
(3)
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II
Through a trusteeship set aside for her retirement Ms. King also
has a parcel of real property catty corner from her Property. It is
adjacent to parking for the Winslow Wharf Marina. The marina parking
contains nine on-site parking stalls for Ms. King's proposed project.
III
The Property is in an area designated as "Urban Environment" by the
Winslow Shoreline Management Plan ("WSMP") Section 16.12.570,, and is
zoned commercial.
IV
Currently the public has panoramic, unimpeded views across the
Property to the Harbor and the Bainbridge Island hills beyond. The
views are from several vantage points: Madison Avenue South, Parfitt
Way, the sidewalks and the Madison Avenue street-end courtyard. Views
also exist from the publicly accessible Winslow Wharf parking area.
V
The City of Winslow is in the process of building a waterfront
trail. Part of the trail is currently in place. Ample public paths
(by easements) exist along the marina as part of the earlier Winslow
Wharf shoreline permit. ("Winslow Wharf Permit"). The King Property
lies between the City's waterfront trail to the northeast and the
public easements along the marina to the southwest.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(4)
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VI
King acquired the Property from the successor in interest to
Winslow Wharf Company, Inc., by statutory warranty deed dated April 1,
1985, recorded April 12, 1985.
What is now the King Property is included within the much larger
area encompassed by the Winslow Wharf Shoreline Permit. Some portions
of the Winslow ~arf development were implemented under that permit,
including the marina additions, the rehabilitation of several historic
buildings for commercial use (with some water-oriented businesses) and
with a restaurant, and public access easements along the marina. The
portion involving the now-King Property was not developed before the
Winslow Wharf permit expired on September 6, 1986.
Under that expired permit, two buildings were to be allowed on the
Property: a 3,000 square foot restaurant with outside waterward path,
and a 5,200 square foot commercial building. In addition, there was to
be an array of public access including: an ample public access path
waterward of the buildings with an extension of the Winslow waterfront
trail from the footbridge across the tidal slough, connecting with the
marina public easements, and a dinghy dock with a view deck. A new
City park was proposed on part of the City's sewer property. No
parking was proposed on the site of the now-King Property.
VII
The current King proposal includes a 9,000 square foot, 35 foot
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(5)
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high two-story building, connected in an L-shape by a one story
structure. The building would have a gabled roof, large windows, and a
wood exterior. On the inside of the L on the landward side of the
building is a courtyard ("interior courtyard") proposed for public
access.
Twenty-seven on-site parking spaces are proposed, using the King
Property and the southern half of the City's sewer property. Some of
this parking is as close as six feet from the shoreline rip rap. There
would be nine off-site parking spaces at the marina parking.
About 72% of the Property would be covered with the buildings and
parking. King would deed to the City her portions of the Madison
Avenue street-end courtyard and grant a public easement for an 85-foot
long footbridge. The Winslow waterfront trail would continue from the
footbridge by easement across the interior of King's Property
terminating at the corner of Madison Avenue South and Parfitt Way
("Interior Path").
A four foot wide path would proceed from the footbridge eastward
along the rip rap adjacent to the water and then proceed around the
building to the south. ("Perimeter Path"). There it would connect
with a courtyard at the southeast corner ("Perimeter Courtyard"),
adjacent to the water and on King's property. This courtyard would
connect with the Madison Avenue public street-end courtyard and to the
marina public easements beyond.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(6)
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Public access along the Perimeter Path and Courtyard would be
allowed frem 9 a.m. to sundown, with three foot wide gates providing
security during closed times. There would be unimpeded water views
from the Perimeter Path and Courtyard. There would not be wheelchair
access to the Perimeter Path.
No dinghy dock or viewing platform is proposed. The proposed
commercial building would block almost all existing public water
views.1 (See Findings of Fact IV, above.)
VIII
Nearby buildings are two-story, and include retail establishments,
a restaurant, and offices, located in buildings of historic vintage for
Bainbridge Island.
IX
The proposed building and a substantial amount of parking as
currently designed, are almost entirely within the 50-foot setback from
ordinary high water. Such uses and intrusion into the setback require
a shoreline conditional use permit under the WSMP.
X
We find that the access proposed via the Perimeter Path is
uninviting and, thus, unlikely to be much used. The Path at four feet
wide is very narrow, not sufficiently wide to allow two people to walk
1 There would be a narrow water view from the Madison sidewalk near
the sewer property, across the King parking area.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(7)
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alongside each other with ease. Above and immediately adjacent to the
Path would rise a 35 foot high building. To the other side would be
the rip rap. The effect would be like balancing on a building's edge.
Further, the three-foot wide gates, even when open, would
constrict the entrances and discourage access. (No access would be
available when the gates were closed.) Moreover, this uninviting
arrangement would admit no access at all to the wheelchair public.
We find that the proposed Perimeter Path is not likely to
accomplish its purpose. As designed and approved, the Path would not
effectively facilitate public access or provide the opportunity for
substantial numbers of the people to enjoy the shorelines. As a
result, this proposed commercial project, well within the setback,
fails to minimize disruption of scenic views. We find further that
the provision for a Perimeter Courtyard does not adequately address
the problem posed by the substantial physical and visual access
blockage caused by placing the building so close to the water's edge.
Based on the evidence we find that an eight foot wide Perimeter
Path (including up to one foot of landscaping) and gateways no less
than four feet wide, are the minimum necessary under the facts herein
adequate to preserve the public's opportunity to enjoy the physical
and aesthetic qualities of the shorelines. The effect would be to
link the Winslow Waterfront trail with the marina public easements
along a waterfront route, at an inviting width consistent with that
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(s)
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found in the marina. In so finding, we are aware that this eight foot
width may to some extent affect the proposed parking. In addition, we
find that handicapped people are part of the public deprived of access
by this project and that access should be accorded to them as well as
to others. We find such access to be feasible.
XI
We find that the dinghy dock is no longer possible. Ms. King does
not own the tidelands over which the dock and platform would be
placed. Moreover, either a long ramp (at least 100' long) or an
extensive stairway would be needed from the top of the bulkhead at the
northeastern corner. The stairway would be aesthetically
The ramp has the potential to interfere with other boat
unappealing.
navigation.
XII
Appellants have urged an array of other measures, such as
requiring two separate buildings only one story each. We decline to
so basically redesign the building. We find appellants' other
suggestions unpersuasive.
XIII
Any Conclusion of Law deemed to be a Finding of Fact is hereby
adopted as such. From these Findings of Fact, the Board makes these
CONCLUSIONS OF LAW
I
The Shorelines Hearings Board has jurisdiction over the parties
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW A~D ORDER
SHB No. 87-53
(9)
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and the subject matter of this action. Appellants have the burden of
proof.
II
Issuance of shoreline substantial development and conditional use
permits for the King proposal are governed by the Shoreline Management
Act ("S~"; Chapt. 90.58 RCW), its regulations (Chapt. 173-14 RCW),
and the Winslow Shoreline Master Program ("WSMP") as extant September
1987 (codified at Chpt. 16.12 of the Winslow Municipal Code). RCW
90.58.140(2)(b).
III
We conclude that the project, as designed and approved, fails to
conform to the policies of the Shoreline Management Act as set forth
in RCW 90.58.020 insofar as public access is concerned. The
conditioning of the permit as provided in Finding of Fact X above will
bring the project into compliance with these policies.
IV
The Property is within an "Urban Environment" designation, which
is defined (in relevant part) under the WSMP at 16.12.570 as:
A [ ] an area of intense modification of the
natural systems caused by human activity with
residential, commercial, and industrial uses.
The purpose of placing an area in an urban
environment is to ensure the utilization of the area to
be a multiplicity of intense human uses.
B. The use policies are as follows:
1. Any shoreline use, subject to specific use
regulations concerning them should be permitted.
2. Public access should be encouraged. Where
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53 (10)
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practical, various access points ought to be linked to
nonmotorized transportation routes, such as bicycle and
hiking paths.
The WSMP also states:
16.12.540 Public access.
It is the goal of this program to insure safe and
convenient access for the public to publicly owned
shorelines and insure that intrusions created by access
will not endanger life, property or environment.
16.12.550 Circulation
It is the goal of this program to coordinate existing
and proposed circulation routes and facilities with
shoreline uses.
V
The Winslow Master Program (16.12.460) defines water dependent as
"a use or activity which cannot exist in any other location due to the
nature of its operation" The WSMP (16.12.470) defines water related
as "a use or activity which does not require a waterfront location but
depends upon the shoreline location for economic reasons." The King
proposal fits neither of these definitions. The fact that commercial
development is enhanced by proximity to the shoreline does not create
a water-related use. Such a broad reading of the WSMP definition of
water related would render the definition essentially meaningless.
VI
The proposal is for a non-water dependent, non-water related
commercial development. The WSMP policies for commercial development
provide that:
B. 1. Commercial development should be compatible
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(ll)
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in design and scale to the area in which it is
located.
2. Parking facilities should be placed inland
away from the immediate water's edge and
recreational beaches.
3. Commercial developments should be designed
and maintained and existing ones improved and
maintained in such a way as to minimize
disruption of scenic views. 16.12.670(B)
VII
The WCSMP General Regulations for commercial development state:
C. General Regulations
1. Commercial developments which are dependent or related to
the shoreline are allowed.
2. Commercial facilities should provide public access to
shoreline areas when feasible, taking into consideration
public safety, public health, and security.
3. Uses which are not shoreline dependent or related but
which provide an opportunity for the community to have access
to the shore shall be encouraged. These uses require a
conditional use permit.
4. Uses that are not shoreline dependent or related and
which do not provide for an opportunity for the community to
have access to the shoreline may be allowed on a case-by-case
basis subject to the general goals and policies for
environments. These uses will require a conditional use
permit.
5. Uses other than water dependent and water related to be
located less than fifty feet from the ordinary high water
mark shall require a conditional use permit. 16.12.670(B)
VIII~
By virtue of WSMP 16.12.670(C)(5), the King proposal requires a
conditional use permit because it is not a water dependent or water
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(12)
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related use and is located less than 50 feet from the ordinary high
water mark. The General Regulations encourage public access where
feasible.
The objective of a shoreline conditional use permit under WSMP
16.12.920 is:
A [ ~ to provide more control and flexibility
for implementing the regulations of the Master Program.
B. Uses classified as subject to the issuance of a
conditional use permit can be permitted only by
meeting such performance standards that make the use
compatible with other permitted uses within the area
as may be imposed thorough the approval process.
The State regulations on conditional use require such proposal to
be consistent with, among other things, the master program policies.
WAC 173-14-140(1)(A). The design and site use are to be compatible
with other permitted uses within the area, are not to cause
unreasonably adverse effects to shoreline environment, and the public
interest is not to be substantially detrimentally affected. WAC
173-14-140.
IX
The parking proposed on the Property and sewer property is an
accessory use to the commercial development. WSMP 16.12,010. Parking
facilities are permitted when accessory to other permitted uses. WSMP
16.12,750(D) and (E)(4).
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(13)
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X
We conclude that the additional conditions specified herein
(Finding of Fact X, above) resolve what would otherwise be an
inconsistency with the policy of WSMP 16.12.670(B)(3), requiring that
disruption of scenic views be minimized. WAC 173-14-140(1)(A).
We further conclude that this proposal, when thus further
conditioned, is compatible with public access and circulation goals.
WSMP 16.12.540-550 and General Regulations WSMP 16.12.670(C)(2). Such
public access is necessary when a proposed conditional use (including
parking) harms the public interest so substantially by intruding into
required setback areas and blocking views from public areas. WAC
173-14-140(1)(e).
As conditioned herein, the proposal promotes the SMP policies and
goals by providing water views and allowing the waterfront trail to be
continuous. WSMP 16.12.670(B). Without those conditions the pubic
interest would be substantially affected. WAC 173-14-140. As
conditioned, Policy 16.12.670(B)(2) is further promoted by placing
parking further back from the water's edge.
We conclude the development as so conditioned is compatible with
other permitted ~ses in the area.
16.12.920(B).
WAC 173-14-140(1)(c); WCSMP
XI
We are not persuaded, given current practical and legal
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(14)
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difficulties, and the substantial public access benefits otherwise
gained, that the expired Winslow Wharf Permit compels this Board to
require a dinghy dock and platform. Appellants have not cited
persuasive authority for this proposition.
XII
The Board declines to address appellant's legal issue as to the
propriety of the City's allowing public property to be used for
private parking or the possible provision of compensation to
Ms. King. These legal issues are beyond this Board's jurisdiction.
RCW 90.58.180.
XIII
Appellants have cited no compelling authority for the proposition
that permittee should be required to include retail concerns open to
the public in addition to the office spaces. Moreover, given the
enhanced public access reflected in this Order, such argument is even
less persuasive.
XIV
Any Finding of Fact deemed to a Conclusion of Law is hereby
adopted as such. From these Conclusions of Law, the Board enters this
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(15)
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ORDER
A shoreline management substantial development permit and
conditional use permit as issued to King, subject to compliance with
the conditions set forth in Resolution No. 87-26, as further modified
by the negotiated settlement among Winslow, DOE and King, and AS
FURTHER MODIFIED by the following conditions, are AFFIRMED:
1. The Perimeter Path from the proposed footbridge around the
commercial building's waterward sides shall be a minimum of eight feet
in width (allowing up to one foot intrusion for landscaping). The
gates' openings shall be designed proportionately but no less than
four feet wide.
2. The Perimeter Path and Courtyard shall be fully accessible to
the handicapped, including people in wheelchairs.
The permits are RE~j~NDED for issuance in conformance with this
Order, and for appropriate easements and recordation.
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(16)
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SO ORDERED this
day of ~ , 1989.
SHORELINES HEARINGS BOARD
WI~K DUF~D,~ Chairman
~B~e~
EY, Member
FINAL FINDINGS OF FACT,
CONCLUSIONS OF LAW AND ORDER
SHB No. 87-53
(i7)
REVISED
CITY OF WINSLOW
PERMIT FOR SHORELINE MANAGEMENT SUBTANTIAL DEVELOPMENT
Pursuant to Section 14, Chapter 286, Laws of 1971, Ex Sess.,
a permit is hereby granted to:
CAROL KING
to undertake the following development:
A 9000 square foot commercial building with a conditional use permit
upon the following property:
SE corner of Madison Avenue South and Parfit Way, also known as
Lot A of short plat recorded August 23, 1982
Development pursuant to this permit shall be undertaken pursuant
to the following terms and conditions:
As set forth in Resolution 89-49 , attached hereto.
Nothing in this permit shall be construed as excusing~the applicant
from compliance with any federal, state or local statutes, ordinances or
regulations applicable to this project other than the permit requirements of
the Shoreline Management Act of 1971.
This permit may be rescinded pursuant to Section 14 (7) of the Shore-
line Management Act of 1971 in the event the permittee fails to comply
with any condition hereof.
Construction pursuant to a permit will not begin or be authorized until
forty-five (45) days from the Date of final approval by the local govern-
ment, or until all review proceeding initiated within forty-five days from
the date of final approval by local government have been terminated.
Date
Signature of authorized local
government official
CITY OF
October 5, 1989
To: Mayor
From: City Attorney
625 Winslow Way East
Winslow, Washington 98110
206.842.7633
Re: Carol King Permit Remand from the Shorelines Hearings Board
Lest there be a misunderstanding, the opinion received today
by telephone from Attorney Allen Miller and Nora Jewett of the
State Department of Ecology was that:
1)the city must reissue to permit remanded to it by the board,
adding the two conditions required by the board decision;
2) the face of the permit must state "this permit is being
reissued in order to be in compliance with the terms of the
Shorelines Hearings Board decision."
The wording of the board's decision was: "The permits are remanded
for issuance in conformance with this order, and for appropriate
easements and recordation."
The state takes no position on whether the above is a legislative
or a ministerial act or both, they said, and leaves it to the local
jurisdiction's ordinances to determine which.
I have reviewed those ordinances. They are silent as to re-
mands of this type. However, it is my legal opinion that the advisable
process for handling this reissuance is for city council to legislat-
ively approve the reissuance of the permit consistent with the
board's decision and authorize the Mayor to ministerially sign the
appropriate easements and recordation. It is not necessary that
council also legislatively redraft the easements wording.
The above is what t attempted to convey to you by telephone today.
O. Conoily
JOSEPH E FISCHNALLER
CAROL L HEPBURN
GEORGE E, MERKER
RICHARD S OETTINGER
DAN REAUGH
LAW OFFICES OF
REAUGH FISCHNALLER & OETTINGER
A PROFESSIONAL SERVICE CORPORATION
3000 WESTIN BUILDING
2001 SIXTH AVENUE
SEATTLE, WASHINGTON 98121
(206) 448-7600
FACSIMILE (206) 441-7818
JOHN S MILLS
MARY deVUONO
*JAMES B PARSONS
OF COUNSEL
DAVID O, HAMLIN
*ALSO ADMITTED IN
OREGON
VIA FACSIMILE AND
FIRST CLASS MAlL
September 21, 1989
Mr. Bob Conoley
Attorney at Law
City of Winslow
625 Winslow Way E.
P. O. Box 10100
Winslow, WA 98110
Re:
Your requested revisions to Reciprocal Grant of Easements and
Dedication and Grant of Easements and Dedication of Public Access
Areas
Dear Bob:
As you requested and we discussed today, enclosed are:
l. Revised Temporary Exhibits B and C to the Reciprocal Grant of
Easements and Dedication;
2. One "red-lined" copy of page 7 to the Reciprocal Grant of Easements
and Dedication;
3. One clean copy (with "red-lining" removed) of page 7 to the
Reciprocal Grant of Easements and Dedication;
4. One "red-lined" copy of pages 1, 3, 4 and 5 to the Grant of Easements
and Dedication of Public Access Areas:
5. One clean copy (with "red-lining" removed) of pages 1, 3, 4 and 5 to
the Grant of Easements and Dedication of Public Access Areas;
6. Temporary Exhibits A and B to Grant of Easements and Dedication of
Public Access Areas; and
Areas.
Schedule A to Grant of Easements and Dedication of Public Access
Mr. Bob Conoley
September 21, 1989
Page 2
The enclosed Temporary Exhibits B and C (referenced at paragraph #1
above) may be substituted for the three pages currently denominated as:
Temporary Exhibit B,
Proposed Parking for Temporary Exhibits A and B, and
Temporary Exhibit C
to the Reciprocal Grant of Easements and Dedication. These two Exhibits
reflect the gates at the terminal points of the Pedestrian Perimeter Path.
These two "temporary" Exhibits will be later substituted by "permanent"
Exhibits from plans which are later submitted and approved for the building
permit. Those later plans will be more accurate as they will depict the wider
dimensions for the Pedestrian Perimeter Path and its gates, the removal of at
least one set of stairs within the Pedestrian Perimeter Path and the removal of
the stairs at the southwest comer of the property adjoining the Waterfront
Courtyard.
Page 7 to the Reciprocal Grant of Easements and Dedication (referenced at
paragraphs #2 and #3 above) merely conforms the reference to the Courtyard
with that illustrated on new Temporary Exhibits B and C.
Pages 3, 4 and 5 to the Grant of Easements and Dedication of Public Access
Areas (referenced at paragraphs #4 and #5 above) are rather self-explanatory
and conform to your request.
Temporary Exhibits A and B to the Grant of Easements and Dedication of
Public Access Areas (referenced at paragraph #6 above) will have the legal
descriptions which were previously to have been inserted on page 1. We added
them as separate Exhibits so as not to change the pagination and risk any
unintended modifications in the process.
Schedule A to the Grant of Easements and Dedication of Public Access
Areas (referenced at paragraph #7 above) may be substituted for the existing
Temporary Exhibit A in said easement document. Its only purpose is to
illustrate the areas described by the bracketed material in the legal descriptions
(Temporary Exhibits A and B). It will be deleted when the legal descriptions are
furnished.
Regarding Reciprocal Grant of Easements and Dedication
If the City is prepared to do so, we feel that it would be an appropriate
time now to locate the proposed footbridge across the tidelands so that an
appropriate legal description could be substituted for Temporary Exhibit A.
Also, the plans which will be later drawn up for the building permit could then
incorporate the exact location for the proposed footbridge, which may be later
Mr. Bob Conoley
September 21, 1989
Page 3
developed by the City. If the City is still not prepared to locate the proposed
footbridge by a survey, we have no objection to postponing that matter
indefinitely into the future.
Note that we will later have to insert the date of the final site plan which
gets approved by the City in § 6. That is also merely a ministerial act.
Aside from these ministerial changes, I would consider that the pages
enclosed herein with those sent under our September 6, 1989 cover letter
constitute the Reciprocal Grant of Easements is in its final form.
Regarding Grant of Easements and Dedication of Public Access Areas
Except for the ministerial duties of later including the legal descriptions
and inserting the recording number for the Reciprocal Grant of Easements at §
3(a) and § 6 (after the Reciprocal Grant of Easements has been recorded), I also
consider this document to be in its final form.
I hope the enclosed documents are satisfactory and, should you have any
questions, please call me. With reference to this evening's meeting, neither
Carol (who is out of town) nor any other person representing her and authorized
to speak for her will be in attendance.
As always, I appreciate your courtesies and your attention to this matter.
Very truly yours,
Richard Oettinger
RSO/dfm
Enclosures
113:2;$71/1
= 0
C)
§ 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
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 Building
"(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 Building (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:
WINSLOW:
THE CITY OF WINSLOW
By
Carol King, a single person Alice B. Tawresey, Mayor
Attested:
Donna Jean Buxton,
Clerk/Treasurer
-7-
GRANT OF EASEMENTS AND DEDICATION OF PUBLIC ACCESS APRAS
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 ARRAS 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:
See Attached Exhibit "A"
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:
See Attached Exhibit "B"
The area described by the preceding legal description shall be
hereafter referred to as the "Pedestrian Perimeter Path."
§ 2 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
Page 1
(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
ti~ 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. Subject to the limitations of this § 2
upon all members of the public, the Pedestrian Perimeter Path
and the Waterfront Courtyard shall be made fully accessible to
the handicapped, including people in wheelchairs.
(i) Pursuant to RCW 4.24.200 and RCW 4.24.210, as now
or hereafter 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
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
fer .~aintaining the dedicated areas to which the public shall
have access in a reasonably safe and nonhazardous condition,
and ~hal! defend and save harmless the City of Winslow and the
of Washington, including their agents and employees, from
!a ms, real or imagined, asserted by any person for injury
Page 3
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 ADTHORITY 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.
§ 5 MISCET.Tj~NEOUS
(a) Deve.lpDment and Repairs. The cost for theI
develpDment and the later repairs to and maintenance of thel
dedicated areas are the resDonsibilitV of King.
(b) Definitions. When used herein: [
Page 4
~a~ (i) The terms "King" and "the dedicator" includel
her heirs, successors and assigns who own the dedicated areas.
{b~ (ii) The term "land vehicle" includes, but
not limited to, all motorized vehicles, all bicycles, skates
and skateboards, and all other vehicles and wheeled apparatus
(except wheelchairs) designed to operate upon land, whether or~
not self-propelled.
,e~ Ciii) The tezm "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 AM 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."
§ 6 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
Page 5
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:
See Attached Exhibit "A"
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:
See Attached Exhibit "B"
The area described by the preceding legal description shall be
hereafter referred to as the "Pedestrian Perimeter Path."
§ 2 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
Page 1
(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, the Pedestrian Perimeter Path
and the Waterfront Courtyard are as fully accessible to the
handicapped, including people in wheelchairs, as they are to
nonhandicapped pedestrians.
(i) Pursuant to RCW 4.24.200 and RCW 4.24,210, as now
or hereafter 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
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
Page 3
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.
§ 5 MISCELT~FEOUS
(a) Development and Repairs. The cost for the
development and the later repairs to and maintenance of the
dedicated areas are the responsibility of King.
(b) Definitions. When used herein:
(i) The terms "King" and "the dedicator" include
her heirs, successors and assigns who own the dedicated areas.
Page 4
(ii) The te~m "land vehicle" includes, but is
not limited to, all motorized vehicles, all bicycles, skates
and skateboards, and all other vehicles and wheeled apparatus
(except wheelchairs) designed to operate upon land, whether or
not self-propelled.
(iii) 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 AM 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."
§ 6 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
Page 5
TEMPORARY EXHIBIT "A"
TO
Grant of Easements and Dedication
of Public Access Areas
[To be inserted in the form of metes and bounds after
construction for the approximate area depicted by the
cross-hatching on E~-Schedule A attached]
Page 7
TEMPORARY EXHIBIT "B"
TO
Grant of Easements and Dedication
of Public Access Areas
[To be inserted in the form of metes and bounds after
construction; terminal points (entryways/exits) to be
no less than ~h~ee four feet wide, and the path beyondI
the entryways/exits to be no less than ~ve eight feetI
wide, including landscaping, and no narrower for foot
traffic than ~e~ seven feet wide, excluding~
landscaping. The approximate area for the location of
the Pedestrian Perimeter Path is depicted within the
cross-hatching on the attached BM~b~-Schedule A and8
may, at the discretion of King, be moved or extended
closer to the waterfront.]
Page 8
(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 rocksty 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. Subject to the limitations of this § 2
upon all members of the public, the Pedestrian Perimeter Path
and the Waterfront courtyard shall be made fully accessible to
the handicapped, including people in wheelchairs.
(i) Pursuant to RCW 4.24.200 and RCW 4.24.210, as now
or hereafter amended, neither the dedicator nor the City of
wins~low, 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
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 ~aintaining 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
=~t~te of Washington, including their agents and employees, from
any claims, real or imagined, asserted by any person for injury
Page 3
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.
§ 5 MISCELI~uNEOUS
(a) Deyel0pment___and _..ReDairs. The _._cost for .... the~
development and the later reDairs...to_and' maintenan~ of thai
dedi~at~d__areas are the r~sponsibilitV of Kings. ~
fb) Definitions. When used herein: ~
Page 4
~e~ (i) The terms "King" and "the dedicator" include8
her heirs, successors and assigns who own the dedicated areas.
,b~ .[ii) The term "land vehicle" includes, but is8
not limited to, all motorized vehicles, all bicycles, skates
and skateboards, and all other vehicles and wheeled apparatus
.(except wheelchairs) designed to operate upon land, whether orl
not self-propelled.
~e~ (iii) The term "public access signs" refers to8
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 AM 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."
§ 6 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
Page 5
GRA/~T 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 ARF3~g 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:
Se& Attached Exhibit "A"
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:
See Attached Exhibit "B"
The area described by the preceding legal description shall be
hereafter referred to as the "Pedestrian Perimeter Path."
§ 2 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
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(d) The dedicated areas may also be temporarily
closed'fat 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
pe=~itted.
(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, the Pedestrian Perimeter Path
and the Waterfront Courtyard are as fully accessible to the
handicapped, including people in wheelchairs, as they are to
nonhandicapped pedestrians.
(i) Pursuant to RCW 4.24.200 and RCW 4.24.210, as now
or hereafter 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
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
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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 ADTHORITY 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.
§ 5 MISCET~d~EOUS
(a) Development and ReDairs. The cost for the
development and the later repairs to and maintenance of the
dedicated areas are the responsibility of King.
(b) Definitions. When used herein:
(i) The terms "King" and "the dedicator" include
her heirs, successors and assigns who own the dedicated areas.
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(ii) The te~m "land vehicle" includes, but is
not limited to, all motorized vehicles, all bicycles, skates
and skateboards, and all other vehicles and wheeled apparatus
(except wheelchairs) designed to operate upon land, whether or
not self-propelled.
(iii) 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 AM 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."
§ 6 EFFECTI~'E 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
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TEMPORARY EXHIBIT "A"
TO
Grant of Easements and Dedication
of Public Access Areas
[To be inserted in the form of metes and bounds after
construction for the approximate area depicted by the
cross-hatching on Exhibit-Schedule A attached]
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TEMPORARY EXHIBIT "B"
TO
Grant of Easements and Dedication
of Public Access Areas
[To be inserted in the form of metes and bounds after
construction; terminal points (entryways/exits) to be
no less than ~½ree four feet wide, and the path beyond~
the entryways/exits to be no less than ~ve ei~htfeet~
wide, including landscaping, and no narrower for foot
traffic than ~eM~ seven feet wide, excluding
landscaping. The approximate area for the location of
the Pedestrian Perimeter Path is depicted within the
cross-hatching on the attached ~½~-Schedule A and~
may, at the discretion of King, be moved or extended
closer to the waterfront.]
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