HomeMy WebLinkAboutRSD Release of Easement PetitionDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Page 1 of 8 | Rev: 3/2/2020
Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200
Website: rentonwa.gov
RELEASE OF EASEMENT PETITION PROCESS AND
SUBMITTAL REQUIREMENTS
Rev : 3/2/2020
This document is intended to help an applicant better understand what is expected in preparing the application
for submittal, review, and approval of a release of easement petition.
COMPLETE CONTENTS OF THIS PACKAGE:
1. Release of Easement Review Flow Chart
2. Requirements
3. Submittal Checklist
4. Process
5. Petition
6. Legal Description Guidelines
7. Map Exhibit Guidelines
Section I: Release of Easement Review Flow Chart
The review and approval process is summarized on the flow chart below and further explained in subsequent pages.
Applicant Responsibilities City Responsibilities City Held Meetings
Note: The established timelines do not account for unintended findings, modification requests and review time,
or omissions which may delay the review process.
Specific Code Section(s) related to this document
RMC 9-1-5 Release of Easement
RMC 4-1-180 Easement Filing Fee
RMC 4-8-090 Public Hearing
Step 1
Applicant submits
Release of Easement
Application
Step 2
Review and
Process Period
Step 3
City Council
Meeting
Step 4
Completed and
Appraised
Step 5
Final Processing
by City
RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT ’D )
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Section II: Requirements
Release of Easement
A release of easement is used to facilitate the termination of a public utility or access easement.
Criteria for a release of easement
The owners of an interest in any real estate over which an easement exists within the City may petition the City
Council for the release of the easement or any part thereof.
This summary outlines the procedure of filing a release of easement application in the City of Renton. The
application packet is designed to obtain all the information necessary to allow the City to make a well -
informed decision on your application. The applicant is responsible in meeting the requirements imposed
and coordinating with any other property owners who signed the petition.
Section III: Submittal Checklist
The applicant should contact the Property and Technical Services prior to submitting a release of easement
application if there are any questions regarding the submittal requirements. Marking an item as “Not
Applicable” or “N/A”, without acceptable justification, may result in the submittal being rejected at Intake. The
applicant must submit a complete application to the City Clerk’s Office.
Included N/A All Are Required Unless Waived by City Staff
____ Signatures: This petition must be signed by the owners of more than two-thirds (2/3)
of the property affected. [Note: It is recommended that the petitioner(s) obtain the
signatures of all (100%) of the owners whose property abuts any part of the
easement.
____ Legal Description labeled as “Exhibit A”: Please attach a full and correct legal
description of the easement sought to be released. The legal description must
include the pertinent section, township and range information and must state that
the described area is situated in the City of Renton. It should be labeled Exhibit A
and be suitable for recording with the final ordinance.
____ Map Exhibits labeled as “Exhibit B”: Please attach the map exhibit of the area for
which a release of easement is requested. The Release of Easement Area Map
Exhibit, should be labeled Exhibit B and be suitable for recording with the final
ordinance.
____ Public Benefit labeled as “Exhibit C”: Please attach a brief explanation of the
purpose and public benefit of the requested release of easement.
____ Payment: A release of easement filing fee is required as set forth in Section 4-1-180.
This fee compensates the City for administrative costs and expenses in the
processing, checking and handling of the initial release of easement. This fee also
includes the publication and posting expense of any notice pertaining to the release
of easement. This fee may be waived by Council action. (Amd. Ord. 4723, 5-11-98)
RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT ’D )
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Section IV: Process
STEP 1: Applicant Submits for Release of
Easement
Timeline depends on time required for petitioner(s)
to obtain and submit signatures, map and legal
description.
STEP 2: City Review Period
Timeline is approximately four (4) weeks plus an
additional four (4) weeks for resolution to set and
hold Council Meeting.
Review of Release of Easement Request: A
validated petition will be circulated for review and
comments to all City departments, as well as other
local agencies and utilities. The purpose of this
review is to determine if the requested release of
easement is acceptable. This review must be
completed before the Council Committee meeting is
held and takes approximately four weeks.
Schedule Council Committee Date: Staff will set a
date for the release of easement to be presented to
Council at a Council Committee meeting. It is not
necessary for the petitioner to attend.
Preparation for Council Committee: Staff shall
prepare a report and presentation for the Council
Committee meeting.
STEP 3: City Council Committee Meeting
Meeting is approximately fifteen (15) to forty-five
(45) minutes
During this meeting, the City Council shall seek the
recommendation of the City Departments as to the
following:
The advisability of the proposed release
of easement
The classification of said easement
After the meeting Council shall determine whether
the release of easement should be granted, the
classification of the easement, and the
compensation to be paid (if any), in accordance with
Section 9-1-5 of the Renton Municipal Code.
The City further reserves the right to retain an
easement for the construction, repair and
maintenance of public utilities and public services.
STEP 4: Compensation and Appraisal
Timeline depends on time required for petitioner(s)
to obtain and submit appraisal plus approximately
two (2) weeks to set compensation.
Appraisal: Following a recommendation for release
of easement after the City Council Committee
Meeting, the petitioner(s) may be required to obtain
a written appraisal from an M.A.I. or other qualified
appraiser, as approved by the City, and furnish the
results to the Property and Technical Services
Manager for evaluation. Petitioner(s) shall pay the
actual cost for preparation of the appraisal report.
The appraisal fees are in addition to the filing fee
and the processing fee. (Ord. 4860, 9-18-2000)
Evaluation and Recommendation: Through the
Property and Technical Services Manager, staff shall
evaluate the appraisal and make a recommendation
to the City Council regarding its acceptance. The
appraisal is used to help the City Council make a
determination of the compensation due the City.
[Note: In the event that the compensation for the release has not been
paid within ninety (90) days of the determination by the City Council
of the compensation to be paid, the petition shall be deemed to have
been abandoned and shall be denied. (Section 9-1-5 of the Renton
Municipal Code)]
Payment: The applicant shall pay a release of
easement processing fee in an amount as set forth
in Section 4-1-180E. Thus, after Council has
approved the release of easement request, a
processing fee will be due before recording of the
easement document.
RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT ’D )
Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and
regulations, whether or not described in this document.
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City Compensation: In the event that the release of
an easement is classified as Class A or Class C, the
City shall receive compensation in accordance with
RCW 35.79.030. The City Council shall have
authority, upon recommendation of the
administration, to accept real property or a property
right in lieu of a part or all of the cash compensation
that would be paid.
In the event of a release of easement classification
as a Class B, the City shall receive no further
compensation other than the easement release
processing fee to defray administrative costs of the
easement release.
STEP 5: Finalize Release of Easement
Timeline: depends on time required for petitioner(s)
to pay fee and recording processing time
Recording: Following payment, City Clerk’s office
will transmit the release of easement forms for
recording to King County. After recording, the
easement will be fully released and it is
recommended that the petitioner contact their title
company for an updated title to reflect the release
if necessary.
RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS
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Section VI: Legal Description Guidelines
The objective of a legal description is twofold: first, to describe a land area in definitive, accurate, and detailed terms to
permit a competent person having no familiarity with the land to locate the boundaries of a piece of property; and second,
to meet the legal requirements of conveying interests in real property from one individual to another. Although the
definition is correctly stated as a "land" description, it is generally called a "legal" description because it must stand up
under the law and litigation. There are generally five types of legal descriptions:
1) A series of lines around the perimeter of an area known as a metes and bounds description; "metes" means
bearings and distances and "bounds" means and refers to monuments both physical and legal.
2) A boundary description stated totally by reference to other parcels already on record in the public repository. It
merely makes ties by reference to the deeds of the owners adjoining each boundary line of the property being
described.
3) All or part of a section in the Public Land Survey System.
4) A lot in a recorded subdivision.
5) Strip descriptions for right-of-ways of pipelines, roads, etc., which may cross many parcels.
The following guidelines consist of elements which are recommended for use in the preparation of legal descriptions. They
are not intended to be all inclusive and may not be applicable in all situations:
1) In a description of a lot, tract, parcel, or portion thereof in a recorded plat, short plat, or record of survey:
a. Lot and block number or designation and addition or subdivision name;
b. Official recording data and identification of recording office;
c. Location by section, township, and range with respect to the Willamette Meridian, (if applicable);
d. Property location by city, county, and state.
2) In a description of an easement, lot, tract, or parcel described by metes and bounds:
a. Parcel location by the subdivision(s) of the section; or portion of any other official sub divisional tract from
a Government Land Office (GLO) or Bureau of Land Management (BLM) plat; or portion of a recorded plat,
short plat, or record of survey;
b. Section, township, and range with respect to the Willamette Meridian;
c. Property location by city, county, and state;
d. Direction and distance to GLO or BLM corners or properly determined section subdivision corners with
description of the physical corners, if applicable;
e. A description of the boundary giving:
• Place or beginning and or initial point;
• Basis of bearings or azimuths;
• Bearings, angles, or azimuths in degrees, minutes, and seconds;
• Distances in feet and decimals of feet or record units, where applicable;
• Curve data showing the controlling elements;
• Identification of senior adjoiners giving recording office and filing reference;
• Calls to existing controlling monuments, both artificial and natural;
• Calls which indicate if a course is a section line, sub divisional line, a line of record, or parallel therewith;
• A bearing and distance for each boundary line of the described parcel with a closing course returning
to the point of beginning, except where the boundary can be described by a record, physical, or natural
feature.
RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT ’D )
Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and
regulations, whether or not described in this document.
Page 8 of 8 | Rev: 3/2/2020
3) In a description based on a Public land Survey System subdivision:
a. Special segregations such as donation land claims, homestead entry surveys, townsites, tracts, and Indian
or military reservations;
b. Government lot number(s);
c. Aliquot part designation;
d. Section, township, and range with respect to the Willamette Meridian;
e. Property location by city, county, and state.
4) Other elements of consideration for any land description:
a. Avoid ambiguities when exceptions to a parcel are stated;
b. Indicate width of strip description and its relationship to described centerline or survey line;
c. Delineate the dividing line when designating a fractional portion of a parcel;
d. When designating one-half or other fractional portion of an aliquot part by government subdivision
procedures, follow with "according to U.S. Government subdivision procedures."
Sources:
1) HRWA International Right of-Way Association. International Right-of-Way Association 2001. - "Principles of Right-of-Way,"
Torrance, CA. International Right of Way Association, 2001.
2) Washington State Office of the Code Revision. "WAC 332 130-040.9," August 9, 2000, August 11, 2003.
3) Wattles, Gordon H. "Writing Legal Descriptions In Conjunction With Survey Boundary Control." Orange, CA G2H Wattles
Publications c1979
Section VII: Map Exhibit Guidelines
Map exhibits submitted as part of a release of easement petition must be able to be reproduce a legible copy -
including stamps (raised stamps must be smudged prior to recording).
Map exhibits must measure 8 ½" x 11".
Font sizes must be at least 8-point. (This is 8-point type.)
Map is recorded in black and white. For color map exhibits, please pay particular attention to the color of
highlighting as some colors copy dark which obscures text.
Map exhibits must have a 1" margin on all sides.
In the margins, incidental writing and stamps are allowed.
EXHIBIT C
Public Benefit
The release of this easement is due to redevelopment of the property and relocation of
the utilities. New easements were granted as necessary.
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Return Address:
City Clerk’s Office
City of Renton
1055 South Grady Way
Renton, WA 98057
Release of Easement Property Tax Parcel Number:722400-0580
Project File #: Street Intersection: N 3rd St., N 4th St., Park, Garden
Reference Number(s)of Documents assigned or released: 20080707000225 and 20081028000318
Additional reference numbers are on page _____.
Grantor(s):Grantee(s):
1. City of Renton, a Municipal Corporation 1. Renton School District No. 403, a Washington Municipal
Corporation
The Grantor,as the owner of an easement acquired from Renton School District No. 403, a Municipal Corporation, dated
on June 11, 2008 recorded under King County Recording Number 20080707000225, as amended by that certain Utilities
Easement Amendment, recorded under King County Recording Number 20081028000318 (collectively, the “easement”),
over real property described below:
A Sanitary Sewer easement encumbering the following described property:
The south 15 feet of Lot 10, Block 3 of the Plat of Sartorisville as recorded in Volume 8 of Plats, Page 7, Records of King
County,Washington.
Situate in the NW 1/4 of Section 17, Township 23 North,Range 5 East, W.M., in the City of Renton, King County,
Washington
NOTE: Easement of record legal description references the “NE 1/4 Section of 17” as opposed to “NW 1/4 of Section 17”
The CITY OF RENTON does hereby abandon and release the above described easement and all rights acquired under it.
IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and attested to by the City
Clerk this ____ day of ____________________, 2020.
MAYOR
CITY CLERK
Notary Seal must be within box STATE OF WASHINGTON ) SS
COUNTY OF KING )
This record was acknowledged before me on _____________________, 2020
By ________________________ as _______________________ of the City of
Renton, a municipal corporation.
_________________________________________________________________
Notary Public in and for the State of Washington
Notary (Print)____________________________________
My appointment expires:___________________________
Dated: _________________________________________