HomeMy WebLinkAboutRelease of Easement1
SUBJECT/TITLE:Ordinance Declaring a Portion of An Existing Utility
Surplus, Authorizing its Partial Release, and Resolution
Setting a Public Hearing
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Free, Economic Development Director
EXT.: 7369
N/A
On November 26, 1979, City Council passed Ordinance No. 3378, vacating a portion of Tacoma
Ave NE, subject to a utility easement reserved in favor of the City. The easement encumbers two
parcels, King County Parcel Nos. 7791000050 and 7791000060. Jennifer M. Saechao is the current
owner of Parcel No. 7791000050 and would like to construct an accessory dwelling unit on their
property within a portion of the easement. The current owner has submitted a petition for release
of the portion of the easement within Parcel No. 7791000050 and has proposed an alternative
utility easement that will serve as a replacement easement. As part of the permitting process for
the accessory dwelling unit the replacement easement will be dedicated to the City at no cost for
the continued operation and maintenance of the utilities.
Staff recommends adoption of an ordinance declaring a portion of the easement surplus to the
City’s needs and authorizing its partial release, and adoption of a resolution setting a public
hearing on March 2, 2026, to consider the matter.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
Exhibit C Statement of JusƟficaƟon | 3906 NE 17th ST, Renton, WA 98056 | APN 7791000050 Page 1 of 2
EXHIBIT C
STATEMENT OF JUSTIFICATION AND PUBLIC BENEFIT
This Exhibit provides the required justification for the requested release of the existing 25-foot
utility easement on the subject property and the accompanying request for a waiver of appraisal
and compensation. Both components are part of a single consolidated action and are evaluated
together in accordance with the City of Renton Easement Release Checklist.
1. Purpose of Easement Release
The existing 25-foot easement on the subject property, together with a matching 25-foot
easement on the adjoining parcel to the east, was established under the same 1979 right-of-way
vacation approved through Ordinance No. 3378. This action created a combined 50-foot-wide
utility corridor, centered on the shared property line.
The easement as situated on this property occupies approximately 25 feet measured westward
from the eastern property line. This width significantly exceeds modern utility access needs for
residential parcels and is not supported by any demonstrated operational requirement.
The property owner proposes that the City release the existing easement and accept a new 10-
foot easement, which is consistent with current City and industry utility standards and sufficient
for maintenance, repair, and future utility needs.
2. Public Benefit of the Easement Release and Replacement Easement
a. Adequate utility access fully preserved
The new 10-foot easement maintains full City rights to access, maintain, repair, or
expand utility facilities.
b. Correction of an oversized and outdated corridor
The 50-foot corridor created in 1979 was never reduced or redefined when the street was
vacated, resulting in an unnecessarily large easement burden on both properties.
c. Improved land-use efficiency
Releasing the oversized easement allows the property to be used more reasonably without
diminishing City access.
d. Supports City housing and infill goals
Exhibit C Statement of JusƟficaƟon | 3906 NE 17th ST, Renton, WA 98056 | APN 7791000050 Page 2 of 2
The corrected easement boundary enables future construction of DADUs, advancing
Renton’s objectives for housing variety and infill development.
e. Long-term economic benefit
Site improvements enabled by this adjustment will result in increased property tax
revenues, utility fee revenues, and local economic activity.
3. Justification for Waiver of Appraisal and Compensation
a. The City was already compensated in 1979
As part of the right-of-way vacation under Ordinance No. 3378, the City received
compensation for the land area from which the easements were reserved. No new or
additional property interest is being transferred.
b. Replacement easement preserves all access rights
The new 10-foot easement maintains the full scope of utility access originally intended
under the 1979 ordinance.
c. Requiring new compensation would impose a duplicate charge
Since the City already received compensation for this property interest, requiring
additional payment now would be a duplicate charge and inequitable to the homeowner.
d. Public-benefit-oriented corrections should not impose undue financial burden
Given that the adjustment improves clarity, maintains full utility access, and supports
City policy goals, the waiver is reasonable, equitable, and consistent with administrative
easement corrections.
Conclusion
The proposed release of the existing 25-foot easement, the grant of a new 10-foot replacement
easement, and the request for waiver of appraisal and compensation together represent a fair,
reasonable, and publicly beneficial action. The adjustment maintains all necessary City access
while correcting an outdated easement width, improving land-use efficiency, and supporting
long-term community goals.
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DECLARING A
PORTION OF AN EXISTING UTILITY EASEMENT RESERVED BY ORDINANCE
NO. 3378 SURPLUS TO THE CITY’S NEEDS, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND RECORD WITH KING COUNTY A
PARTIAL RELEASE OF SAID EASEMENT, PROVIDING FOR SEVERABILITY,
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on November 26, 1979, City Council passed Ordinance No. 3378,
vacating a portion of Tacoma Ave NE, subject to a utility easement reserved in favor of the
City (the “Easement”), attached hereto and incorporated by this reference as Exhibit A; and
WHEREAS, the Easement encumbers two parcels, King County Parcel Nos.
7791000050 and 7791000060. Jennifer M. Saechao (“Petitioner-Owner”) is the current
owner of Parcel No. 7791000050; and
WHEREAS, Petitioner-Owner would like to construct an accessory dwelling unit on
their property; and
WHEREAS, Petitioner-Owner has proposed an alternative utility easement that will
serve as a replacement easement as shown on Exhibit B, attached hereto and incorporated
by reference, which will be dedicated to the City at no cost for the continued operation and
maintenance of the utilities; and
WHEREAS, pursuant to requirements of Chapter 9-1 of the Renton Municipal Code
(“RMC”), on November 20, 2025, Petitioner-Owner filed a petition for partial release of the
easement (“Petition”) which was signed by owners of more than two-thirds (2/3) of the
property affected by the subject portion of the Easement contained within Parcel No.
7791000050; and
ORDINANCE NO. ________
2
WHEREAS, the Petition included a request by the Petitioner-Owner that Council
waive any compensation, as the City was compensated at the time of the street vacation
and a new easement will be dedicated; and
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 portion of the
Easement contained within Parcel No. 7791000050 as surplus to the City’s needs; and
WHEREAS the City, after a news release and publication of a public notice for public
hearing, did hold on March 2, 2026, a public hearing in accordance with RCW 35.94.040 to
consider declaring the portion of the Easement contained within Parcel No. 7791000050
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. Pursuant to RMC 9-1-4 the Easement is a Class A easement due to the
City’s expenditures to place and maintain a water line.
SECTION III. Pursuant to RMC 9-1-2.B Council hereby waives compensation for its
partial release as the City has previously been compensated, and affirms that the
processing fee identified in the City Fee Schedule is required.
ORDINANCE NO. ________
3
SECTION IV. The portion of the Easement contained within Parcel No. 7791000050
is hereby declared surplus to the needs of the City, and it is in the best interests of the public
to release the Easement.
SECTION V. The Mayor and City Clerk are authorized to execute and record with King
County a partial 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 VI. 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 VII. 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 day of , 2026.
__________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
__________________________
Armondo Pavone, Mayor
ORDINANCE NO. ________
4
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD-CED:26ORD001:02.02.2026
EXHIBIT A
Copy of recorded Ordinance No. 3378
COUNTY Of KIIV J } '""`---.--_
n ; 1,(,.j.. s:l_}..l`,Ciky C1erk in end,fflr t7i, i y of,i nton,I'
VVasMngton, do hereby Cet h 'the for g9 g Ordinance ig a ue td,cor ect
a ,.,;.aopy of Or inanee No.__ .._,. .of tt4e Cit 4f Renfon, as i p2"r'S C rr fF
s; "in my atfiee, and do furth certffy that t se ie has bsen pi bshe#'aecordm
ta law. C
r. In Witness Wbereof f hq've Meram#a set rny twnd and affixed the sEal of the
r,ty of R,to, tn s-----:.r.----._aav o`_C,---1R2j.
CITY QF RENTOI, WAS c y ae k
r
flR.DINANCE NQ. .33Z..,
r;,
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTO i
a". VACATING A PORTION F TACOMA AVENUE N.E. ,
VAC-17-79) VALI.Y INVE TMENT PRQPERTIES/
ROBERT C. OI SQN
WHEREAS a proper petition for vacating a portion of
Tacoma Avenue N .E. NoXth of N>,E . 17 h St. between Shelton
Or Avenue N.E. & Unian Ave. :d.E. , Renton, Ki g County, Washington,
t,C')
was duly filed with the Cit3r Cl.erk Qn- or laout August IS, 1g7,
0
N and said petition a ing been: sigr ed by a mers representing more
than two-thirds of the property abutting upon such street sought
to be vacat d; and
tJHEREAS tYie C?ty Council ay Resalution No, 2292 passed
and ap roved on August 27 , ZQ79 , and after due investigation,
did fix and determine the Ist day of ctober, L979,at the hour
P of $: QO P.M. in the Citq Couticil Chambers o he City of Renton
to be the tiine anc pl.ace for a publzc heazing , hereon, and the
City Clerk having given due notice af' such hearing in the manner
pravided by law, and a21 persons having been heard apge aring in
favor or in opposition thereto ; and
WHEREAS the Department o Public Works nd the Planning
Department of the Gity of Renton having duly consiaered said
petition for said vaeation, and having found same to be .n
the pu.blic interest and far the pub'1ic b en fit, and no it jury or
damage to any person or prop rties will result fxom such vacations ,
4W THEREFORE, TH CITY COUNCIL OF THE CITY OF RENT'ON ,
WASHINGTON, `D0 ORDAIN AS FOLLOW :
SECTIQN I : The following des ribed portion f street ,
to-wit .
See Exhibit -"A" attachec hereto and made a par.t
hereof as if full.y set forth herein
E AND THE SA." iS HEREBY VACATED . SUB.SECT o an easement over, across,
and under and Qn a11 0 tk e aforedes r.bed property 3.n`favor af the Ci y for
utility and re.ated purpases.
i L D 1 1 Li iJ l qt.:71 .. h -'} ,r, ,
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r'u.^,''G'f',;''..».. 1'
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Name....:c s./... .,... . I° ! ";
e.........Q...':.. A REF ri 1,,,r :
t,"U ;t 1 5
SECTION II : The City Council hereby elects to charge
a fee of 51 , 203. 50 to Petitioner-Owners , said amount not exceeding
one-halt of the City' s appraisa], of the right-of-way interest
herein vacated, and such charge being reasonable and proper .
SECTION III : This Ordinance shall be effective upon its
passage , approval and five days after its publication.CT
O A certified copy af this Ordinance shall be filed with
the Office of Records and Elections , King County, and as otherwise
grovided by law.
PASSED BY THE CITY COUNCIL this 26th day of November, 1979 .
De ore s ea d `i y C er
APPROVED $Y THE MAYOR this 26th day of Notaember, 1979 .
s .x°•. w4t... Y. t:i1_'--..____.__.
Barbara Y. Shinpach, rlayor Pro tem
Approved as to form:
2 tJ'r,_.,..,..
Lawrence J. Wa ren, City Attorney
Date of Publication : November 30, 1979
Ordinance No. 3378 Page 2
1 ` .
4' Ord iiance No. 3378X!-4i C3 1 i
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EXHIBIT B
Proposed Alternative Utility
Easement
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EXHIBIT C
Form of Partial Release of
Easement
Page 1 of 3
Return Address:
City Clerk’s Office
City of Renton
1055 South Grady Way
Renton, WA 98057
Partial Release of Easement Property Tax Parcel Number:
Project File #: Street Intersection:
Reference Number(s) of Documents assigned or released:
Additional reference numbers are on page _____.
Grantor(s): Grantee(s):
1. City of Renton, a Municipal Corporation 1.
2.
The Grantor, as the owner of an easement acquired from _________ _______
dated on ____________________ , recorded under King County Recording Number ____________________of King
County, State of Washington, over real property described below:
A _____________________________ easement encumbering the following described property:
The CITY OF RENTON does hereby release the portion of real property described in attached Exhibit A and depicted in
attached Exhibit B from the above described easement. The foregoing release shall not otherwise impair the rights of
the Grantor acquired under the above described easement, which rights shall remain in full force and effect.
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: _________________________________________
197912030596
7791000050
PRM-26-0029 Shelton Ave NE/NE 17th St
Jennifer M. Saechao
City of Renton Ordinance No. 3378
11/26/79 7912030596
utility
LOT 19, SIERRA TERRACE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL.
76 OF PLATS, PGS 53-54, RECORDS OF KING COUNTY, WA; TOGETHER WTIH THAT PTN OF VACATED
131ST AVE SE ADJOINING OR ABUTTING THEREON, VACATED BY ORDINACE NO. 3378, RECORDING
NO. 7912030596, EXCEPT ANY PTN LYING EAST OF THE CENTERLINE OF SAID 131ST AVE S