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HomeMy WebLinkAboutVAC - 88th Ave S , AGREEMENT In consideration of that certain Revocable Permit heretofore issued. by the City of Renton unto the undersigned under date of June 1, 1959, Mr and Mrs. C. P. Lapsansky hereby agree and covenant to indemnify and save harmless the City of. Renton, a Municipal Corporation, from and against any and all claims arising from said revocable permit, or from. any work or thing whatsoever done in. or about said premises, or arising from any act of the undersigned or its agents, or arising from any accident, injury, or d.ainage whatsoever, however caused, to any person or persons, or to the property of any person. ' Given at Renton, King County, Washington, this day of June, 1959. '/C24:4 i • ---7204,/,:e 4....12,;,("4:1,->4.1_.__.. / r rc--,-0„ y,, State of Washington ) County of King ) SS Renton, Washington ) This s to certif that there appe r d. h fore e i_s day of June, 1959 ' Z/' 'l6 � � 1- a.nd �,�y e ,"�i� : ,, _ who signed the above agrees nt as their own free and volun'a,ry act. , • E. L. lexand.er. , Notary Public in and for the State of Washington residing at Renton. PERMIT The City of Renton„ a Municipal Corporation, hereby gives and grants a Permit, revocable at will, unto Mr. and Mrs. C. P. Lapsansky of 12605 88th Avenue South, Renton, King County, Washington, to use and occupy the following described parcel of property, to wit: Lots 1 and 2 and Tract A, Block 4, Latimer's lake Park Addition and that portion of South 126th Street from 88th Avenue South to 88th Place South vacated. On which the aforedescribed property a portion of a dwelling house is located thus encroaching upon the public right-of-way known as 88th Avenue South. The Grantees agree that this encroachment of the City's right-of- way has occurred without any fault or error on the part of the City of Renton. The Grantees, Mr. and Mrs. C. P. Lapsansky, further agree in consideration of this permit, to grant and to deliver unto the City of Renton as Hold Harmless Agreement. Given at Renton, King County, Washington, this / day of June, 1959. Cyert—f(A It R. Baxter, Mayor E. L. Alexander, City Clerk (Seal) • May 28, 1959 • Mr. C.P. Lapsansky 12605 88th five. South Renton, .^la shin;to n Dear Sir: This is to advise you, in regard to your request for the vacation of the east 5 feet of 88th Avenue South, the decision of the City Council of the City of Renton is that the area cannot be vacated at this time. However, the City is willing to issue you a permit for use of the area, limit- ed to the actual physical eneroacli.ent by the residence building. If such a revocable permit is issued, you in turn should grant unto the city a hold harmless agreement,' agree- ing to protect the city from any liability or damage to pro- . perty or persons by reason of the encroac'tanent and use of a portion of the street right-of-way by you. If we can be of any further assistance please call this office. Very truly yours, CITY 07 RENION F.L. Alexander, City Clerk JT:gra Co1 , \\\//' lµr7 ,...,,1 t4d 5 5}r :4-, F T. -n� ©p: WASH I N GTO N the Jet Transport Capital of the World , r• ' ' '_ �+Nxp JOE R. BAXTER, Mayor ELTON L. ALEXANDER, Clerk c' DOROTHEA S. GOSSETT, Treasurer PAUL W. HOUSER, JR., Police Judge 721 May 22, 1959 4Id GERARD SHELLAN ( COUNCILMEN City Attorney , '1' VERLE VIETZKE, Pres. ARTHUR L. HAUGAN FRANK ALIMENT Asst. City Attorney Hon. Joe R. Baxter, Mayor, and __` HUGH BRUCE EVERETT CLYMER DR. JOHN F. BEATTIE City Council of the City of Renton CHARLES DELAURENTI Health Officer CLARENCE DULLAHANT City Hall ANG BUSATO AVERY GARRETT Chief of Police Renton, Washington VERN MORRIS F. E. LAWRENCE DALE PINKERTON Fire Chief DAN L Re: Lapsansky Encroachment on 88th Avenue South WALTER REID JAMES HIGHTON City Engineer THOMAS W. TRIMM Gentlemen: You turned over to the City Attorney's office, at the last regular Council meeting, the matter of the encroachment upon the street right-of-way of the C. P. Lapsansky residence. Mr. and Mrs. Lap- sansky request the city to vacate a strip five feet wide and ex- tending along the east line of Lot A, which would be a distance of approximately 150 feet. The City Engineer advises that said vaca- tion would leave a balance of nine feet for an eventual sidewalk and utilities on the east side of the road, assuming that the road will eventually be improved to a width of 32 feet. We presume that we are dealing with a 60 ft. right-of-way. We also understand, from the City Engineer, that the city was in no way connected with the error involved in constructing their residence on a street right-of- way, which apparently was due to the fact that no proper survey was made before construction was commenced. The city, of course, has a right, if it is for public benefit, to vacate a street or a portion of a street. It has been the practice of the city to do so only when all property owners affected join in the petition for such vacation. This, of course, was not done here. The city cannot sell any p.pption of a street right-of-way. But it would be permissible for the city to issue a permit, revocable by the city, and allowing the property owners the use of the encroached area, which however, should be limited to theactual physical encroachment by the residence building. If such a revocable permit is issued, the property owners in turn should grant unto the city a hold harmless agree- ment, agreeing to protect the city from any liability or damage to pro- perty or persons by reason of the encroachment and use of a portion of the street right-of-way by the property owners. We trust that we have explained this situation to your satisfaction. We remain Yours very truly, HAUGAN & SHELLAN City Attorneys� GMS/dm By Gerard M. Shellan cc: City Engineer May 22, 1959 Bon. Joe R. Baxter, Mayor, and City Council i6f the City of Fenton City Hall Renton, Washington Re: Lepsansky Encroachment on 88th Avenue South Gentlemen: You turned over to the City Attorney's office, at the last regular Council meeting, the matter of the encroachment upon the street right.of-way of the C. P. Lapsansky residence. Mr. and Mrs. Lap. sansky request the city to vacate a strip five .feet wide and ex- tending along the east line of Lot A, which would be a distance of approximately 150 feet. The City Engineer advises that said vaca- tion would leave a balance of nine feet for an eventual sidewalk and utilities on the east side of the road, assuming that \the road will eventually be improved to a width of 32 feet. We presume that we are dealing with a 60 ft. right-of-way. We also understand, from the City Engineer, that the city was in no way connected with the error involved in constructing their residence on a street right-of- way, which apparently was due to the fact that no proper survey was made before construction was commenced.. The city, of course, has a right, if it is for public benefit, to vacate a street or a portion of a street. It has been the practice of the city to do so only when all property owners affected join in the petition for such vacation. This, of course, was not done here. The city cannot sell any pvietion of a street right-of-way. But it would be permissible for the city to issue a permit, revocable by the city, and allowing the property owners the use of the encroached area, which however, should be limited to the actual physical encroachment by the residence building. If such a revocable permit is issued, the property owners in turn should grant unto the city a hold harmless agree- ment, agreeing to protect the city from any liability or d_mage to pro. party or persons by reason of the encroachment and use of a portion of the street right-of-way by the property owners. We trust that we have explained this situation to your setis.f=ction. We remain Yours very truly, HAUGAN & SHELLAN City Attorneys GMS/dm By Gerard M. Shellan cc: City Engineer May 12, 1959 Honorable Joe R. Baxter, Mayor Members of The City Council RE: Petition for the vacation of the East Five _Feet on a portion of 88th Avenue South Gentlemen: The Engineering Department has verified the encroachment of the petioners house on the right of way for 88th Avenue South, 32The street is classified as residential and the ultimate improved width will be Feet. A 5 foot vacation will leave 9 feet for a sidewalk and utilities on the east side. The •street will eventually be improved from 88th Place South and deed. � 1d ai at S 132nd Street, a distance of 2100 feet. The reduced right of way to 55 feet will not restrict the stree.t improvement, however the City was not a party to the error. u James L. High on JLH:cb City Engineer N_ ' k,,\1,_, ,k I III I s. 1 k 1 M .Q� L. ,'"( .sk ,A ti , : Q 1 - - t k ,, _ ' K -' ' .. ' \‘k I I I • tO, OL t ' t r . .,,c, \\\t 1 I . • f