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HomeMy WebLinkAboutD 8112080311 • r. roe 4 Tide dal Nov i jo:37AM 'S* (3y t1.,.. Dw,s•n« of Lecite.at ectobati AGREEMENT AND QUIT CLAIM DEED G 8 i9 g ioSB Awe IN THE MATTER OF SR 515, Renton Vicinity: Carr Road to Grady Way. bo THIS AGREEMENT made and entered into this 4day of 2 J 1981 , by and between the STATE OF WASHINGTON, Department of Transportation, hereinafter CO r.. designated as the STATE, acting through the Washington State Department of Trans- portation Commission and the Secretary of Transportation, and the CITY OF RENTON, a municipal corporation, hereinafter called the UTILITY, acting through its 40 O approinted officers and agents; 0 WHEREAS, the UTILITY is the owner and holder of a certain easement over, across and upon a portion of the right-of-way required for the above designated highway project; and WHEREAS, the underlying fee to said project is now or will be owned by the STATE; and WHEREAS, State laws require that the STATE shall acquire all rights essen- tial to the construction, repair, maintenance and operation of said highwy pro- ject; and WHEREAS, it is not necessary to relocate any installations of said UTILITY located within said highway project at this time; NOW THEREFORE, ,'t.r and in `nncideratinn of the cove,s1nts and conditions set out herein and of the mutual benefits accruing to the parties hereto and other valuable consideration, it is agreed as follows: I The UTILITY hereby conveys and quit claims to the STATE its easement in- terests in and to those lands described as follows: All that portion of the following described Parcel "A" lying within the limits of SR 515, Renton Vicinity: Carr Road to Grady Way: PARCEL "A": All interest of the grantor herein acquired under that certain instrument recorded under King County Recorder's No. 7109020503 and lying within Sections 20 and 29, Township 23 North, Range 5 East, W.M. All situated in King County, Washington. The specific details concerning all of which are to be found within those certain maps of definite location now of record and on file in the office of the Secretary of Transportation at Olympia. Sheet 1 of 4 Sheets II The STATE hereby conveys and quit claims to the UTILITY a nonexclusive ease- ment to construct, renew, replace, operate and maintain (except as restricted herein) a water distribution main , said easement being described as follows: The south 10 feet of the west 10 feet of Section 20, Township 23 North, Range 5 East, W.M. ; ALSO a 10 foot wide strip lying on the easterly side of and abutting the following described line: Beginning at the northwest corner of Section 29, Township 23 North, Range 5 East, W.M. ; thence south 01414'07" west along the common boundary line of Section 29 and Section 30, Township 23 North, Range 5 East, W.M. , a distance of 583.01 feet; thence south 19458'29" east (being the easterly line of Victoria Park, Plat #2) , a distance of 725.0 feet to the intersection of the centerline of Cambridge Avenue (South 27th Street) and the end of this line description, being in Section 29, Township 23 North, Range 5 East, W.M. III In the event that it is necessary in the future to alter, relocate, or re- move any of the presently existing facilities located within the above described easement area due to the STATE's requirements, after the STATE has approved the plans for such alteration, relocation, or removal and upon satisfactory comple- tion of the work, the STATE shall reimburse the UTILITY for those costs incurred by such alteration, relocation or removal . IV In the event of any alteration or relocation of the UTILITY's facilities due to State's requirements the STATE will prepare for execution by the parties an appropriate agreement providing for such alteration or relocation, designating the relocation area, and setting out future relocation rights of the UTILITY. Should any such alteration or relocation of UTILITY facilities require re- location outside of highway right-of-way, the STATE will convey to the UTILITY, acquire on behalf of the UTILITY, or (if there is agreement in writing) reimburse the UTILITY for the cost of easement adequate to replace that easement, or por- tion thereof, herein quit claimed by the STATE, to the UTILITY. V The UTILITY agrees that all design and construction of and maintenance work on UTILITY facilities located within the designated easement area shall be in conformance with applicable Federal and State standards. VI Where emergency work must be performed within the highway right-of-way the UTILITY shall immediately notify the nearest maintenance office of the Washington State Department of Transportation and shall provide warning to the traveling public of such work in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as amended and adopted by the Washington State Department of Transportation Commission. Sheet 2 of 4 Sheets VII This agreement shall inure to the benefit of and be binding upon the succes- sors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument by their authorized officers, the day and year first above written. CITY OF RENTON By: Mayor tJ . �..� L Y BY: /,‘,47e.,- , (7 /&°a-e _____ Title: City Clerk STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Secretary of-Transportation Dated: Deeehibet 4 , 1981 Sheet 3 of 4 Sheets STATE OF WASHINGTON ) ) ss County of King ) On this 16th day of October 1981 , before me personally appeared Barbara Y. Shinpoch and Delores A. Mead to me known to be the duly elected and qualified Mayor and City Clerk of the City of Renton, Washington, that executed the within and foregoing instru- ment and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that he was authorized to execute said instrument by resolution of the Mayor and City Council of said City, and that the seal affixed is the official seal of said City. Given under my hand and official seal the day and year last above written , Notary Public in and for the State of Washington Residing at King County STATE OF WASHINGTON ) ) County of Thurston ) On this 446th day of DPCd?rh�eY 1981 before me personally appeared DUANE BERENTSON, known to me as the Secretary of Transportation, Washing- ton State Department of Transportation Commission, and executed the foregoing in- strument, acknowledging said instrument to be the free and voluntary act and deed of the State of Washington, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under my hand and official seal the day and year last above written. 4y5...v".0_,A__ Public in and for the State of gton Residing aton ia Sheet 4 of 4 Sheets RESOLUTION NO. 2426 IN THE MATTER OF SR 515, RENTON VICINITY: CARR ROAD TO GRADY WAY WHEREAS, the City of Renton is the holder of certain easement rights lying within the above-designated project to be constructed by the State of Washington, Department of Transportation; and WHEREAS, in the improvement of said above-designated project by the State of Washington, Department of Transportation, it is necessary under the laws of the State of Washington, for said State to acquire all rights necessary for the con- struction of said highway project; and WHEREAS, that certain easement recorded under King County Recorder's No. 6008254 has no City facilities thereon and City has no further use for said easement; and WHEREAS, that certain easement recorded under King County Recorder's No. 7109020503 presently has water main facilities thereon, but it is not neces- sary in the construction of this highway project to move, adjust or in any way relocate said water main; NOW THEREFORE, be it hereby resolved by the said Mayor and Council of the City of Renton, through its Mayor and City Clerk _, that said City of Renton shall execute a quit claim deed covering the interest of said City of Renton acquired under easement recorded under King County Recorder's No. 6008254 in form and as attached hereto and marked Exhibit "A" and shall execute an Agreement and Quit Claim Deed covering the interest of said City of Renton acquired under easement recorded under King County Recorder's No. 7109020503, in form and as attached hereto and marked Exhibit "B" and deliver both of said instruments to the State of Washington, Department of Transportation. DONE at a regular meeting of the Mayor and Council of the City of Renton on this 12th day of ()etnhPr 1981 . or — 0 T L--IgAIA ounce n tom_ Counci mai 404 / .AY1-"e10941, Counc.' an ATTEST: Ze' (17 ,z, 4€(1(;( Title: City Clerk • Renton City Council 10/12/81 Page 2 Audience Comment - Continued - Planning and Development Committee - Continued Best/Connell The committee report found the Examiner in error as a matter of Rezone Appeal fact and law and recommended modification:, (1) Last sentence of Continued Conclusion No. 1 should be modified to read: "The applicant has demonstrated requested rezone is in the public interest and will not impair the public health, safety and welfare. The requested rezone meets the criteria of Section 4-3014;" (2) Conclusion No. 4 should be deleted as it is in error in that technical evidence before the Examiner from the traffic experts shows traffic generate by the proposal will not significantly affect the level of service on 1-405 or streets adjacent to the development; (3) Conclusion , No. 7 is in error in that requested reclassification is compatible with the elements of the Comprehensive Plan and creates a reason- able transition between the P-1 zoning and proposed PUD to north and low density single family uses located south and east. No. 7 should be modified; (4) Conclusion No. 9 in error needing modifica- tion as the Examiner may not consider the impact of "other antici- pated projects" on the streets and freeways adjacent to project only present proposal. The committee recommended granting requested reclassification (R-3) . MOVED ROCKHILL, SECOND CLYMER, CONCUR IN RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE.* Continued Letters were read from: Nancy Purcell and Clyde Medlock asked consideration of the impact of increased traffic, increased recre- ational and open space demands, modification of existing neighbor- hoods adjacent to the hospital and increased school demands. The letter favored low density. G. Warren and R. Elaine Diamond, 4914 Talbot Rd. S, supported Hearing Examiner Kaufman's decision of 8/19/81 and recommended R-2 zoning. Robert D. and Doravin Wilson, 720 S. 55th, noted attendance for two days of discussion and testimony and agreed with the Examiner's recommendation for the lower density. The letter noted streets needing repair and ditching, worsening traffic conditions and questioned a one .your meeting which overturned the Examiner's decision. Continued Council discussion ensued. Daryl Connell, 2691 168th SE, Bellevue, Appellant, explained need for housing and area compatibility. *ROLL CALL: 4-AYES: ROCKHILL, HUGHES, CLYMER, SHANE; 3-NO: STREDICKE, TRIMP! AND REED. MOTION CARRIED. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: King County Letter from Planning Dept. Housing and Community Development Consortium Coordinator Ed Hayduk presented agreement between the City and King County for continuance of the Housing and Community Develop- ment Block Grant Program from 1982 through 1984. The letter requested authorization for the Mayor and City Clerk to sign the agreement. Concur. Final Estimate Letter from Parks and Recreation Dept. requested acceptance of Coulon Beach Park CAG 057-80 Gene Coulon Memorial Beach Park Contract No. 1 by Aldrich & Hedman Aldrich and Redman Inc. , approval of final payment in amount of $2,935.92 plus partial release of retainage subject to stipula- tions $35,255.30. The letter explained replacement of certain plant materials (value $1,656.00) is required but plantings must be deferred until the Fall season; therefore, in accordance with State law, the $1,656.00 has been deleted from the original con- tract to allow finalization. A separate contract will be arranged for deferred plant replacement work. Concur. Utilities - SR 515 Public Works Department Utility Division requests authorization for Carr Road to the Mayor and City Clerk to execute agreement with the State Dept. Puget Drive of Transportation to relocate and reconstruct utility facilities in connection with SR 515 from Carr Road to Puget Drive, CG 6681. Council concur. SR 515 Release / Public Works Dept. Utility Div. requests the Mayor and City Clerk of Easement , be authorized to execute Agreement and Quit Claim Deed to the State for utility relocation re SR 515, Carr Road to Grady Way. P Concur. (See Page 3, Resolution #2426 adopted.) • • Renton .City Council 10/12/81 Page 3 • ' Consent Agenda - Continued Damages Claim Claim for Damages was filed by Rufus Commodore, 520 Taylor P1. NW, Commodore in amount yet unknown for damage to yard by cave in, alleging water ran out of the street causing damage. Refer to City Attorney and Insurance Carrier. Damages Claim Claim for Damages was filed by Stephen E. Eastman, 317 Powell Ave Eastman SW, in amount of $1,646.90 for damage to basement of his home alleging sewer backed up. Refer to City Attorney and Insurance Carrier. Consent Agenda MOVED BY STREDICKE, SECOND SHANE, APPROVE CONSENT AGENDA AS Approved PRESENTED. CARRIED. Recess MOVED BY SHANE, SECOND TRIMM, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. 9:35 P.M. Council reconvened at 9:45 P.M. All Council Members were present at Roll Call. Mayor Shinpoch left the meet- ing and Council President Stredicke assumed the Chair as Mayor Pro tem. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee report recommending first reading of an ordinance changing the First Reading zoning classification from G to B-1 for property located 300 feet . Stewart Rezone north of NE Sunset Blvd on the west side of Duvall Ave. NE. known as the Vincent Stewart Rezone R-067-81. MOVED BY CLYMER, MCOND ROCKHILL, REFER ORDINANCE BACK TO THE WAYS AND MEANS COM- MITTEE FOR ONE WEEK. Mayor Pro tem Stredicke inquired re Build- ing Moratorium and concerning referral of 10/5/81; Committee advised-rezone only under consideration. MOTION CARRIED. Resolution #2424 The Committee recommended reading and adoption of a resolution Water/Sewer/Street declaring intent to construct and install roadway, including LID #325 Davis So. curbs, gutters, sidewalks, paving, drainage, watermain, street Public Hearing lights, sanitary sewers and appurtenances in an near area 11/16/81 south of South 43rd St. and east of SR 167, including Davis Avenue South, and set Public Hearing 11/16/81. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS READ. CARRIED, Resolution #2425 The Committee recommended reading and adoption of a resolution Fund Transfer for transfer of funds in amount of $58,225 for (1) 2% salary 2% Salary Increase, increase 7/1/81 for Management and 21R employees; (2) Municipal Planning/Building Court typewriter replacement; (3) Increase Court part-time salaries Reorganization and benefits; (4) Fund Intern through 1981 (Executive Administra- & Interns tion); (5) Redistribute Planning Dept. salaries and benefits into & Housekeeping proper accounts, increase overtime and fund Intern through 1981; (6) Fund Planning/Building reorganization; (7) Increase Civil Service Commission Budgetary accounts due to Police Chief recruit- ment. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS PRESENTED. Mayor Pro tem Stredicke objected for the record, materials requested last week for details of the transfer had been promised but not distributed to him. MOTION CARRIED. Resolution #2426 The Committee recommended reading and adoption of a resolution to Utility Facilities authorize Mayor and City Clerk to execute quit claim deed and SR 515 agreement and quit claim deed regarling SR 515 Carr Road to Puget Drive uti? ity fzLi - ' • ' 7.--1 Page 2 For. Use By City Clerk's Office Only A. I . # AGENDA ITEM RENTON CITY COUNCIL MEETING ___________ _ - =:sass==_s SUBMITTING Dept./Div./Bd./Comm. PUBLIC WORKS For Agenda Of Oct. 6. 19$1 (Meeting Date) Staff Contact Ron Olsen (Name) Agenda Status: SUBJECT: SR 515 : Carr Road to Grady Way Consent xx Agreement F, Quit Claim Deed and State Public Hearing Correspondence Prepared Resolution Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc. )Attach New Business Study Session A. Other B. C Approval : Legal Dept. Yesxx No N/A COUNCIL ACTION RECOMMENDED: Refer to Ways Finance Dept. Yes No. N/A and Means Committee for approval and subsequent Other Clearance authorization for forwarding to Mayor and City Clerk for signatures FISCAL IMPACT: Expenditure Required $ Amount $ Appropriation- Expenditure Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary. ) PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: • OF RA% OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON V "$ © POST OPrICE sox 626 100 2nd AVENUE•UIWING • RENTON, wASHINGTON 98055 255-667/ NAL $ LAWRENCE J.WARREN, carr ATTORNEr DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 0 '9 Qom' SUSAN R. IRWIN, ASSISTANT CITY ATTORNEY Abq4TSeptember 22, 1981 Eo sEPA . TO: Ronald Olsen, Utility Engineer FROM: Lawrence J. Warren, City Attorney Re: SR 515 Release of Easement Dear Ron: The Resolution, Quit Claim Deed and Agreement regarding the above captioned matter are approved as to legal form. Lawrence . , �arren LJW:nd cc : Mayor