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HomeMy WebLinkAboutEasement - Release Process and Submittal Requirementsrentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 12/18/2023 | Page 1 of 3 CITY OF RENTON Ι PERMIT SERVICES RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS 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. SPECIFIC CODE SECTIONS RELATED TO THIS DOCUMENT RMC 9-1-5 Release of Easement SECTION I: RELEASE OF EASEMENT REVIEW FLOW CHART Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions which may delay the review process. 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 Property and Technical Services prior to submitting a release of easement application if there are any questions regarding the submittal requirements. All items are required unless waived by City staff. The applicant must submit a complete application to the City Clerk’s Office. 1. 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. 2. 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 release of easement. 3. Map Exhibits labeled as “Exhibit B”: Please attach the map exhibit of the area for which a release of easement 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 City Held Meetings Applicant Responsibilities City Responsibilities rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 12/18/2023 | Page 2 of 3 EASEMENT—RELEASE PROCESS AND SUBMITTAL REQUIREMENTS is requested. The Release of Easement Area Map Exhibit should be labeled Exhibit B and be suitable for recording with the final release of easement.  4. Public Benefit labeled as “Exhibit C”: Please attach a brief explanation of the purpose and public benefit of the requested release of easement.  5. Payment: A release of easement filing fee is required as set forth in the current City of Renton Fee Schedule. 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 (RMC 9-1). 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 to 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. (RMC 9-1-5). Evaluation and Recommendation: Through the Assistant Economic Development Director, 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 rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 12/18/2023 | Page 3 of 3 EASEMENT—RELEASE PROCESS AND SUBMITTAL REQUIREMENTS 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 the current City of Renton Fee Schedule. Thus, after Council has approved the release of easement request, a processing fee will be due before recording of the easement document. 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.