HomeMy WebLinkAboutORD 0998ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO THE CITY OF SEATTLE FOR THE RIGHT
TO CONSTRUCT, MAINTAIN AND OPERATE AN EIECTRIC TRARSMISSIOX SYSTEM UPON, OVER,
ALONG AND ACROSS CERTAIN ROADS, STREETS AND OTHER PUBLIC PLACES IN THE CITY
OF RENTON, WASHINGTON.
THE CITY COUNCIL 01 THE CITY Or RENTON DO ORDAIN AS FOLLOWS:
SECTION 1.
That there be, and is hereby granted to the City of Seattle for the term
of twenty-five (25) years from;the date hereof, subject however to all the
conditions and limitations and requirements hereinafter set forth, the right,
privilege and authority to locate, construct, maintain and operate an electrical
transmission system upon, over, along and across certain roads, streets, avenues,
alleys and such places in the City of Renton, Washington, described as follows,
to -wit:
Across Sixth Avenue North and Williams Street North in C. H. AdsitTs
Lake Washington Plat, located in the East half of SBI of Section 7, Township
23 North, Range 5 East, W. K. and the SQ of Sixth Avenue Worth adjacent to
the aforesaid plat.
Across Williams Street North and Sixth Avenue North in Renton Farm Plat
Be. 2 located in the IwVt of Sh of Section 8, Township 25 North, Range 5 East,
W. I&
Across Park Avenue (Lake Washington Blvd.) located in the NWj Of SWI Of
Section 8, Township 23 North, Range 5 East, W. X.
Across Alley on the West side of Block Three and Eighth Avenue North in
Plat of Renton Farm Acreage located in the NEI of SVj of Section 8, Township
23, North, Range 5 East, W. M. I
SECTION 2. CONDITIONS:
1. The City Of Seattle shall pay into the Treasury of the City of Renton
Fifteen Thousand and no/100 (5,15,000.00) - - - - - - - - - - - - - - DOLLARS
in cash on the acceptance of this franchise.
2. That if and when the City of Renton may purchase power for the
purpose of serving its own citizens, the C ity of Seattle will sell electrical
current to the City of Renton at the lowest prevailing rate schedule then
specified by the City of Seattle for the sale of electrical current at whole—
sale to power districts, mutual corporations, municipal corporations, and other
governmental organizations regardless of size, which said electrical current
will be delivered to the City of Renton at the corporate limits of said City
of Renton.
3. The City of Seattle shall grade and maintain the Seattle pipe line
right—of—way from VvIalla ,Jolla Avenue to the eastern City limits of the City
of Renton and construct, according to plans and specifications prepared or
approved by the City Engineer of the City of -Renton, standard five feet
concrete sidewalks on both sides of said, right—of—way from Mill Street to
the intersection of Seventh Avenue, Jones Street and said pipe line right®of®
way, That all right—of—ways of the City of Seattle through the City of Renton
shall be kept and maintained in a condition so that the same will not become
unsightly or a nuisance.
4. The City of Seattle shall allow busses serving the City of Renton a
route from their terminal in Seattle to Fourth Avenue thence on Fourth Avenue
to Dearborn Street 'thence on Dearborn Street to Rainier Avenue, thence over
Rainier Avenue and/or Empire 'Way to the City of Renton and shall allow bus
stops at the following intersections®
Fourth Avenue and Fine Street
Fourth Avenue and Union Street
Fourth Avenue and Spring Street
Fourth Avenue and Marion Street
Fourth Avenue and Ailling �17ay (inbound Jefferson Street)
Fourth Avenue on the South Side of Jackson Street
And thence all stops to the City limits.
It is understood that the said route and said stops may be changed from
from time to time but only with the consent of the Company or Companies
furnishing bus service between the two cities and the City Council of the City
of Benton.
5.. If and when the City of Renton. extends Walla I.alla Avenue and con-
structs a bridge across Cedar River to connect the extension of Walla Walla
Avenue with Bronson -,Way, the City o Seattle shall deed right-of-way sufficient
for an eighty foot road way through and across the property of the said City of
Seattle through which said extension will pass.
SECTION 3.
Said City of Seattle by its acceptance of this grant does agree and
covenant for itself, its successors and assigns to and with the City of Renton
to protect and save harmless said City from all claims, actions or damages of
every kind and description which may accrue or be suffered by any person or
persons by -reason of any defective construction, maintenance or improper
occupation of said rights-of-way or by reason of the negligent operation of
the transmission line over the rights-of-way, along and across the said public
places hereinbefore described and in case any claim be filed against the City
of Renton arising out of or by reason of such defective construction, main-
tenance or improper occupation or negligent operation, the City of menton
shall within ten days tender the defense of said claim, action or suit to
the City of Seattle.
The City of Seattle, its successors and assigns will and shall upon
notice to it or them of the filing o`' such a claim or the commencewe nt of
such suit or action, defend the same at its own sole cost and. expense; and
in case judgment shall be rendered against the City of Renton in such action
or suit the City of Seattle shall fully satisfy such judgment within ninety
(90) days after such action or suit shall have been finally determined if
determined adversely to the City of Renton.
SECTION 4,
All towers, poles and wires shall at all times be erected and maintained
BE
so as not to interfere with the use of said roads, streets, avenues, alleys
and public places for travel.
If at any time daring the term of this franchise street repairs, improve-
ments, widening or extensions which necessitate or require the relocation of
any poles, towers or wires of any line of the Grantee herein, the said Grantee,
its successors, or assigns will at its own cost and expense, relocate said
poles, towers and/or wires.
SECTION 5.
The franchise is not exclusive and the City of Renton reserves the right
to grant franchises to other persons or companies to use the said streets,
avenues, etc., or any part thereof covered by this franchise for the same
purpose as herein authorized or for any other purpose authorized by law.
SECTION 6.
This franchise shall be subject to forfeiture for failure of the Grantee
to comply with any of its terms.
SECTION 7.
In addition to the conditions imposed by Section 2 of this Ordinance upon
the City of Seattle, the franchise grantee shall acquire from the owners there-
of the following described real-estate situate in Ying County, Washington, ta-
-wit:
That portion of Government Lot Three (6), Section Seven
(7), Township Twenty-three (23) North of Range Five (5)
East, 'g. M., lying veoterly of portions condemned and
deeded to Commercial Waterway No. 2, and less portion
deeded to State of Washington for State Head No. 7; also
That portion of second class shore lands abutting upon the
aforesaid Government Lot 3, and more particularly described
as follows.
Commencing at the Southwest corner of said Lot 3, which
point bears North 42'39132.3" Bast 315 feet from the
monument which marks the argle point in the Government
meander line in front of Lot 4 in said Section 7; running
thence North 42'39132o3" East along the Government meander
line 655,97 feet; thence North 13 5312811 West 1925.85 feet;
thence South 0"26104.711 East 2351,99 feet to the point of
beginning-,
known as the Renton Airport property, at a price not exceeding Twenty -Six
Thousand Four Hundred Dollars ($26,400.00).
This Ordinance shall be in full force and effect five (5) days from
and after its passage, approval and Legal publication as by law provided
and this Ordinance shall be accepted by Ordinance of the City of Seattle with—
in sixty (60) days from date hereof otherwise it shall be of no force and effect,
d
APP-CIW- this L7 day of 1938.
PASSED this L2 day of 1936®
f --e ry
CITY — CLERK
APPROVED AS TO F0 la
CITY—AIPTORM Y
INTRODUCED M 10, 1938.
MM
VOL180i wdM
3(r0
EXHIBIT "A"
AGREEMENT AND CONVEYANCE
THIS AGREEMENT AND CONVEYANCE entered into this 0 �✓
day of �e �v �"" 1939, by and between THE CITY OF SLATT Z, a
municipal corporation and Casty of the first class of the State of
Washington, hereinafter called the "City", and THE CITY OF RENTON,
a. municipal corporation of the State of Washington, hereinafter
called the "Grantee"; WITNESSETH:
That for and in consideration of the agreements and coven-
ants hereinafter set forth it is AGREED by and between the parties
hereto as follows:
1. The City hereby conveys and quitclaims to the
Grantee for street purposes the following described real property
situate in Renton, King County, Washington, to -wit:
Portions of Tots 8 and 9, Block 2, Plat of the Town
of Renton, as recorded in Vol. 1, page 135, records of King
County, 'Washington, more particularly described as follows:
Beginning at the southwest corner of said Lot 8,
thence north along the west line of said lot 62.12 feet;
thence northeasterly to an intersection with the east line
of said Lot 9; thence south on the east line of said Lot 9,
33.58 feet to the southeast corner of said lot; thence
continuing on the east line of Lot 8 to the southeast cor-
ner of said lot; thence southwesterly along the southerly
lane of said Lot 8 to the point of beg=inning.
A portion of unplatted property in S.W.4 of Section
17, Township 23 North, Range 5 East, W.M., more particularly
described as follows:
Beginning at the southeast corner of Lot 8, Block 2,
Plat of the Town of Renton, as recorded in Vol. 1, page 235,
records of King County, Washington, thence north on the east
Line of said ;.cot 8, 18.24 feet to the true point of begin-
ning:; thence N. 63004. & 225.8" feet to a point of curve.;
thence on a curve to the left having a radius of 744.46 feet,
159.00 feet to an intersection with-thema.rginai R/W line
of the canal. of Commerciaa Waterway District No. 2; thence
northwesterly along said R/W Line 53.86 feet; thence S. 42°04®
W. 34.10 feet to a point of curve; thence on a. carve to the
right having a radius of 470 feet, 108.58 feet to a point of
tangency; thence S. 630041 W. 191.62 feet to an intersection
with the east line of Lot 9, said Block. 2; thence south on
the east line of said lots 9 and 8; 3905. feet to the true
point of beginning.
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2. The Grantee agrees that the conveyance in paragraph
l hereof shall be, and is hereby, accepted as full compliance by
the City with the provisions of Section 2, paragraph 5 of Ordinance
No. 998 of the City of Rentnn, entitled:
"AN ORDINANCE granting a franchise to the City of Seattle
for the right to construct, maintain and operate an
electric transmi=ssion system upon, over, along and
across certain roads, streets and other public places
in the City of Rentan, Washington."
3, The Grantee further ;green that no assessments or
costs shall be assessed against the remainder of the tracts, of
which a portion is herein conveyed, by reason of the improvement
of the street to be dedicated thereon.
4. Grantee further agrees that the City shall have the
right to enter upon said street for the purpose of constructing,
repairing or maintaining its transmission line without the payment
of a permit fee for street occupancy or any other costs whatsoever.
IN WITNESS WHERG'OF, the City has caused these presents
to be executed by its Mayor and City Comptroller and ex -officio
City Clerk pursuant to the provisions of Ordinance No, 69349 and
the Grantee has caused the same to be executed by its Mayor and
City ;Clerk, Auly authorized so to do this day of
1R39t' •.,'..
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ATTEST
City Comptroller and Ex -Officio
City Clerk
voJ866 PAGE4515
STATE OF WASHINGTON)
( SS
COUNTY OF K I N G )
THIS IS TO CERTIFY, that on this/ day of
1939, before me, the undersigned, a, Notary Public in and for the
State of Washington, duly commissioned and sworn, personally
appeared ARTHUR B. LANGLIET and W. C. THOMIAS, to rase known to be the
Mayor and City Comptroller, respectively, of the City of Seattle,
the municipal corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary
act and dead of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized 'to execute
said Instrument, and that the seal affixed is the seal of said
mnaicApal corporation.
WITNESS my hand and official seal the day and year in
Ah "is -oeft�lflcate first above written.
Notary Publ' in and for the State
of 'Nashington, residing at Seattle.
STATE OF 119ASHINGTON)
( Ss
COUNTY OF K I N G
THIS IS TO CERTIFY, that on this
/ fel*ay of
1939, before me, the undersigned, a Notary Public in and for The
State of Wa 'hingto my c d d stern, perso al
ea an
sinned
10
$1
appeared and
0 'n ,rn
to me known to be the Mayor and. City Jerk, re pectively, of the
City of Renton, the municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned,
oned, and on oath stated that they were
authorized to execute said instrument, and that the seal affixed
is the seal of said municipal corporation.
WITNESS my hand and official seal—t1lib day anti year in
this certificate first above written.
n and f -T7 i
a' d0/ bli, i d I the State
of Washington, residing at
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