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HomeMy WebLinkAboutORD 6165 CITY OF RENTON, WASHINGTON ORDINANCE NO. 6165 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EXISTING SANITARY SEWER EASEMENT CONTAINED AND DESCRIBED UNDER KING COUNTY RECORDING NO.20171208000184 SURPLUS TO THE CITY'S NEEDS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD WITH KING COUNTY A RELEASE OF SAID EASEMENT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in December 2017, Ruth Bill, the property owner of King County Tax Parcel ID 1463400021 ("Parcel"), granted the City a sanitary sewer easement described in King County Recording No. 20171208000184 ("Easement"), attached hereto and incorporated by this reference as Exhibit A; and WHEREAS, Ruth Bill subsequently sold the Parcel subject to the Easement, and the current owner of the Parcel is Connor Homes at Maple Highlands, LLC ("Petitioner-Owner"); and WHEREAS, Petitioner-Owner is constructing the Maple Highlands(Chambers) plat project ("Project") on the Parcel in such a way the existing Easement is ineffective; and WHEREAS, Petitioner-Owner has proposed an alternative sanitary sewer easement that will better serve the Project as shown on Exhibit B, attached hereto and incorporated by reference, which will be dedicated to the City at no cost upon recording of the Project plat for the operation and maintenance of the utilities within the Parcel; and WHEREAS, pursuant to requirements of Chapter 9-1 of the Renton Municipal Code ("RMC"), on June 9, 2025, Petitioner-Owner filed a petition for release of the easement ("Petition") which was signed by owners of more than two-thirds (2/3) of the property affected by the Easement; and 1 ORDINANCE NO. 6165 WHEREAS, the Community and Economic Development Department ("CED"), in coordination with other City Departments and in compliance with the City's Policy & Procedure #100-12 related to Surplus Real Property, has identified the Easement as surplus to the City's needs; and, WHEREAS CED has reviewed all relevant documentation related to the Petition to determine ownership, and that no public funds were expended in its acquisition, improvement, or maintenance and therefore is considered a "Class B" easement for which no compensation is required aside from the processing fee required under the Fee Schedule; and, WHEREAS the City, after a news release and publication of a public notice for public hearing, did hold on September 8, 2025, a public hearing in accordance with RCW 35.94.040 to consider declaring the Easement surplus to the City's needs, and those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I.The facts and background of the Recitals are found to be accurate and true for the purposes of this Ordinance. SECTION II. The City Council finds that the Easement is a Class B easement, and that therefore no compensation for its release, aside from the processing fee identified in the City Fee Schedule, is required. SECTION III. The Easement is hereby declared surplus to the needs of the City, and it is in the best interests of the public to release the Easement. 2 ORDINANCE NO. 6165 SECTION IV. The Mayor and City Clerk are authorized to execute and record with King County a release of easement in a form the same or similar to that in Exhibit C, herein incorporated by this reference, along with a copy of this Ordinance. SECTION V. If any section, subsection, sentence, clause, phrase,or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 15th day of September, 2025. Jas A. Seth, i y Clerk APPROVED BY THE MAYOR this 15th day of September, 2025. A__ Armondo Pavone, Mayor 3 ORDINANCE NO. 6165 Approved as to form: Shane Moloney, City Attorney Date of Publication: 9/18/2025 (Summary) ORD-CED: 250RD014: 8.4.25 ``%%%����rrurrrr►r * = * SEAL ; • oo"I '4;E0SE, ;`\•`�`. 4 ORDINANCE NO. 6165 EXHIBIT A - EASEMENT, RECORDING NO. 20171208000184 5 Instrument Number: 20171208000184 Document:EAS Rec: S77.00 Page-1 of 4 Record Date:12/8/2017 8:54 AM Electronically Recorded King County,WA EXCISE TAX NOT REQUIRED BY KAREN GREAGOR, DEPUTY Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 Title: SANITARY SEWER UTILITIES Property Tax Parcel Number: 146340-0021 EASEMENT Project File#: PR17-000137 Street Intersection or Project Name:MeadowVue Reference Number(s)of Documents assigned or released:Additional reference numbers are on page N/A. Grantor(s): Grantee(s): 1. Ruth Bill,a single woman 1. City of Renton,a Municipal Corporation Additional legal is on page of document. (Abbreviated legal description MUST go here.) LEGAL DESCRIPTION: NORTH 15 FEET OF THE NORTH HALF OF LOT 4,ALL IN BLOCK 1,CEDAR RIVER FIVE ACRES TRACTS, AS RECORDED IN VOLUME 16 OF PLATS,PAGE 52,RECORDS OF KING COUNTY,WASHINGTON. ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO.8908008 APPROVED NOVEMBER 30, 1989. 4 Meadowvue City Utilities Easement.doc2(Draft 8-10-17)(003)\Page 1 of 4 FORM 03 0013/bh/CA2-21-97 Instrument Number: 20171208000184 Document:EAS Rec: S77.00 Page-2 of 4 Record Date:12/8/2017 8:54 AM King County,WA The Grantor,Ruth Bill,a single woman,for and in consideration of mutual benefits,do by these presents,grant, bargain,sell,convey,and warrant unto the Grantee,the City of Renton,a Washington municipal corporation, its successors and assigns,an easement for public sanitary sewer with necessary appurtenances over,under, through,across and upon the following described property(the right-of-way)in King County,Washington, more particularly described as follows:. THE NORTH 15 FEET OF THE NORTH HALF OF LOT 4 OF CEDAR RIVER FIVE ACRE TRACTS,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS,PAGE 52,RECORDS OF KING COUNTY,WASHINGTON. For the purpose of constructing,reconstructing,installing,repairing,replacing,enlarging,operating and maintaining said sewer and wastewater utilities and utility pipelines,together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities within the 15-foot strip described on Exhibit A,Grantee may from time to time construct such additional sewer and wastewater facilities as it may require so long as all such additional facilities are also located within the 15-foot strip described on Exhibit A. This easement is granted subject to the following terms and conditions: 1. The Grantee shall,upon completion of any work within the property covered by the easement,restore the surface of the easement,and any private improvements disturbed or destroyed during execution of the work,as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: a. Erect or maintain any new buildings or structures within the easement;or b. Plant any new trees,shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee;or c. Develop,landscape,or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig,tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way,or endanger the lateral support facilities. e. Blast within fifteen(15)feet of the right-of-way. This easement shall run with the land described herein,and shall be binding upon the parties,their heirs, successors in interest and assigns. Grantor covenants that Grantor is the lawful owner of the above property and that Grantor has a good and lawful right to execute this agreement. By this conveyance,Grantor will warrant and defend the easement hereby granted unto the Grantee against all and every person or persons,whomsoever,lawfully claiming or to claim the same. This conveyance shall bind the heirs,executors,administrators and assigns forever. IN WITNESS WHEREOF,said Grantor has caused this instrument to be executed this day ofNovember,2017. Ruth Bill Form 84 0001/bh Meadowvue City Utilities Easement.doc2(Draft 8-10-17)(003)1Page 2 of 4 FORM 03 0013/bh/CA2-21-97 Instrument Number: 20171208000184 Document:EAS Rec: S77.00 Page-3 of 4 Record Date:12/8/2017 8:54 AM King County,WA INDIVIDUAL FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ` ��tr�HOu",, I certify that I know or have satisfactory evidence that Ruth Bill `• • 'F'9' signed this instrument and acknowledged it to be her free and voluntary act for the V• ' lON ,•�`� rOip. '9 _ uses and purposes mentioned in the instrument a o °SAp� N. _ O N,,�• ,,� °u8 -.04b.gyp= Notary Public in and for the State of Washington 9� Notary(Print) P4.44 W' Nbateri Yrs '' O• •�" '•� My appointment expires: I if t/2•(� S WAlll,, Dated: I i/3o/2.0l? REPRESENTATIVE FORM OF ACKNOWLEDGMENT Meadowvue City Utilities Easement.doc2(Draft 8-10-17)(003)\Page 3 of 4 FORM 03 0013/bh/CA2-21-97 Instrument Number: 20171208000184 Document:EAS Rec: $77.00 Page-4 of 4 Record Date:12/8/2017 8:54 AM King County,WA EXHIBIT A DEsOR,RTIoN AND DEPICTION OF EASEMENT AREA. I If Is GESCRPTION OF EASEMENT AREA THE NORTH 15 FEET OF THE NORTH HALF Of La'" GRAPHIC SCALE 4, BLOCK t OF CEDAR RIVER FIVE ACRE TRACTS i♦ RECORDED IN VOLUME 16 OF PLATS PACE 52 IIIMIESIIIIIII RECORDS Of KING COUNTY. WASHINGTON. C 60'NIAP_QE_EAZEI&XLAEIA (H, rS, 6,4 1" = 120' EASEMENT. �'••�1 W4Sy�, 4111, y THEN 15FTOF Ire T1H.F., N 1/2 Of LOT 4, BLOCK 1 c, .�• /, �, • OF CEDAR RI4LR FINE ACRE TRACTS �..: S88'17"40`E 297.275' r q"• a ++ r15' SEWER EASEMENT '-- - _.. S68'13'40"E GL� 297,275' z i � rw co to tl: - N.58.18'55'W 594 71' Lt r-•1 THIS EXHI31T HAS BEEN PREFAe2ED TO ASSIST IN THE INTERPREIATJDN OF THE ACCCMPAN"ING _EGA. DESCRIPTION, IF THERE IS A CO IFLCT BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE LEGAL DESCRIPTION SHALL PREVAIL. NE 1/4, SW 1/4, SEC. 14,TWP. 23 N., RGE. 5 E.,W.M. CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON www.axesrnap.0orn _ ~JOB NO. DAT4, , A3i. Ini E SI521NG1957ESMT 4 98J24J17 REDM Nil. WA. 8+�52 DRAY/ By CHECKED 9Y ' TEL. 425.S23-5700 T)O -MTSE ._.._/ Survey & Mapping Fax 425-823-670a -scan—. SHEET 1"=120" 1 OF 1 Meadowvue City Utilities Easement.doc2(Draft 8-10-17)(003)\Page 4 of 4 FORM 03 001 3/bh/CA2-2 1-97 ORDINANCE NO. 6165 EXHIBIT B - MAPLE HIGHLANDS UTILITY PLAN SHEET 6 EXHIBIT " B" I APN 1463400015 I APN 1463400016 } __ - - 1 SOUTH 110' OF W 1/2 OF ' LOT 3, BLOCK 1 1 I 0 CEDAR RIVER FIVE ACRE TRACTS APN 1463400017 15' NORTH LINE LOT 4, BLOCK 1 Q V///,"////////7/ 7////// f� f�/f///l//R FIVE ACRE TRACTS O f�i�/i ����f���l�������l�fi� 2 N 15' SANITARY SEWER EASEMENT co APN 1463400021 REC. NO. 20171208000184 cri CD N 1/2 OF LOT 4, BLOCK 1 CEDAR RIVER FIVE ACRE TRACTS Lu W 1- 1 I) H APN 1463400024 APN 1463400020 (S 1/2 OF THE E 1/2 LOT 4, BLOCK 1) \,,) rc).0 "R sd U' / C/1 i N ' 22028788 .'.''41 ,II' • �S.,N. „sTER���4 IO �j 2215 North 30th Street, „L L A9 (may \\N\\\\\N\NN\wzzim7/7ii/i/U� Suite 200, 01/11/2024 Tacoma,WA 98403 1"=100' JOB NO. 2221005.50 TASK 57 R Bell 253.383.2422 TEL 1/11/24 253.383.2572 FAX SANITARY SEWER EASEMENT EXHIBIT LEGAL BY: CSD EXHIBIT BY: CSD THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION 4, SW 1 4, S14, T23N, R5E OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT NE 1/4, / BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE w:\sdskproj\2022\2221005\2221005 ss esmt exhfbIt.dwg LEGAL DESCRIPTION SHALL PREVAIL. ORDINANCE NO. 6165 EXHIBIT C - DRAFT RELEASE OF EASEMENT Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 Release of Easement Property Tax Parcel Number:1463400021 Project File tt:C23004636 Maple Highlands(Chambers) Street Intersection:154th Avenue SE&SE 5th Place Reference Number(s)of Documents assigned or released: 20171208000184 Additional reference numbers are on page 2-4 . Grantor(s): Grantee(s): 1. City of Renton,a Municipal Corporation 1.Conner Homes at Maple Highlands, LLC 2. The Grantor,as the owner of an easement acquired from Ruth Bill,a single woman dated on 11/30/17 , recorded under King County Recording Number 20171208000184 of King County,State of Washington,over real property described below: A Sanitary Sewer Utilities easement encumbering the following described property: NORTH 15 FEET OF THE NORTH HALF OF LOT 4,ALL IN BLOCK 1, CEDAR RIVER FIVE ACRES TRACTS, AS RECORDED IN VOLUME 16 OF PLATS, PAGE 52, RECORDS OF KING COUNTY,WASHINGTON. ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO.8908008 APPROVED NOVEMBER 30, 1989. See Exhibit"A"for additional description and Exhibit"B"for depiction. 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 ,20 . MAYOR CITY CLERK Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Page 1 of 1 EXHIBIT "A" (SANITARY SEWER EASEMENT) THAT PORTION OF LAND LYING WITHIN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14,TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. SITUATED IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON; SAID PORTION BEING PARTICULARLY DESCRIBED AS FOLLOWS: NORTH 15 FEET OF THE NORTH HALF OF LOT 4,ALL IN BLOCK 1, CEDAR RIVER FIVE ACRE TRACTS,AS RECORDED IN VOLUME 16 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON. ALSO KNOWN AS LOT B OF KING COUNTY LOT LINE ADJUSTMENT NO. 8908008 APPROVED NOVEMBER 30, 1989. CONTAINING 8,914 SQUARE FEET OR 0.20 ACRES, MORE OR LESS. 4? opHER cA OF WASy!dO 14:...:.'" eliZ.. ci"..0 4. , " CO O 'j, �O e�., �22028788 0 aw tP6 fO,,. LA B5 01/11/2024 EXHIBIT " B" , APN 1463400015 1 APN 1463400016 SOUTH 110' OF W 1/2 OF LOT 3, BLOCK 1 o CEDAR RIVER FIVE ACRE TRACTS APN 1463400017 W 15' u) NORTH LINE LOT 4, BLOCK 1 W CEDAR RIVER FIVE ACRE TRACTS Q /////l/////////>;////////W/,/////////////////l////o /l////ll////ll/) 2 N 14 15' SANITARY SEWER EASEMENT co APN 1463400021 REC. NO. 20171208000184 _(.6\\___ N 1/2 OF LOT 4, BLOCK 1 CEDAR RIVER FIVE ACRE TRACTS LLI U, 11.1 — Q V) ri APN 1463400024 APN 1463400020 (S 1/2 OF THE E 1/2 LOT 4, BLOCK 1) 1'4\ HERS ) 0F wAS/ .d i 1,c,0 6 \ Ul N ' \ 40 / '4 2202878E 4'W c�SsRECISTER�t'91}4 jpA'AI liATZ�S 2215 North 30th Street, Suite 200, 01/11/2024 Tacoma,WA 98403 1"=100' 253.383.2422 TEL JOB NO. 2221005.50 TASK 57 A fa B 1/11/24 253.383.2572 FAX SANITARY SEWER EASEMENT EXHIBIT LEGAL BY: CSD EXHIBIT BY: CSD THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION NE 1/4, SW 1/4, S14, R5E OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT N: edak ro 2022 24, T23N,ee eemt exhlblt.dw BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH. THE P 1� 9 LEGAL DESCRIPTION SHALL PREVAIL.