HomeMy WebLinkAboutORD 3554 • ) k
CITY OF RENTON, WASHINGTO14
ORDINANCE NO . 3554
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
GRANTING UNTO BELTERRA DEVELOPMENT CORPORATION, A_
CORPORATION, ITS SUCCESSORS AND ASSIGNS , THE
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RIGHT PRIVILEGEr AUTHORITY AND FRANCHISE TO
CONSTRUCT, MAINTAIN AND USE FOR INGRESS AND EGRESS
AND OTHER STREET PURPOSES A STREET , THROUGH AND
BELOW CERTAIN DESIGNATED ROADWAYS AND PUBLIC
PROPERTIES OF THE CITY OF RENTON, STATE OF
WASHINGTON.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF RENTON AS FOLLOWS :
Section .l : There is hereby given and granted unto
Cedar Ridge Associates , a Washington limited partnership , its
successors and assigns for a period of 25 years from the taking
effect of this Ordinance , the right , privilege, authority and
franchise to construct , repair, maintain and alter a Street
together with all appurtenances thereto , for street purposes
including but not limited to the right of ingress and egress to
the Cedar Ridge Residential Park Plat as more particularly
described on Exhibit A, which is made a part hereof and
incorporated herein as fully set forth (hereinafter "Plat") ,
under, over, below and through certain public rights-of-way and
other public lands within the City of Renton, all as more
particularly described on the attached Exhibit "B" which is made
a part hereof and incorporated herein as if fully set forth
(hereinafter "Street") .
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Section 2 : This Franchise is granted upon the express
condition that it shall not be deemed or held to be an exclusive
Franchise and shall not in any manner prevent the City of Renton
from granting other or further franchises in, along, over,
through, under, below or across any of said rights-of-way,
streets, avenues or all other public lands and properties of
every type and description; and such franchise shall in no way
prevent or prohibit the City of Renton from using any of said
roads, streets or other public properties or affect its juris-
diction over them or any part of them, with full power to make
all necessary changes, relocations, repairs, maintenance, estab-
lishment, improvement, dedication of same as they may deem fit,
including the dedication, establishment, maintenance and improve-
ment of all new rights-of-way and thoroughfares and other public
properties of every type and description.
Section 3: Grantee shall construct and maintain the
Street on the public property described in Exhibit B herein and
construction shall be under the supervision of and upon the
inspection of the City Public Works Director and Grantee shall
construct the street substantially in accordance with the plans and
specifications as set forth on Exhibit C which is attached hereto and
incorporated herein by this reference which has been approved by
the City Public works Director and pursuant to the Final PUD
Resolution No. 2406 on the property.
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Section 4 : This Ordinance shall be void if Grantee
shall not within thirty days of the adoption of this Ordinance
file its written acceptance thereof with the Clerk of the City
of Renton. All costs of publication for said Franchise shall be
borne, in addition to all other fees, by Grantee.
Section 5 : The Grantee, its successors or assigns
shall commence construction work under this Franchise within one
year from and after the date of passage thereof and all such work
shall be completed with the greatest amount of dispatch. If at
the end of one year from and after the granting of this
Franchise, the Grantee, its successors or assigns, shall not have
constructed and have in operation upon rights-of-way the Street
and appurtenances thereto, then in that event the rights hereby
conferred upon the Grantee shall automatically cease and
terminate.
Section 6 : Grantee shall maintain the Street in a good
state of repair, as approved and accepted by the Public Works
Director of the City of Renton,. whose approval shall not be
unreasonably withheld.
Section 7: Grantee, its successors and assigns, agrees
and covenants to indemnify and hold harmless the City of Renton
from and against any and all liability, loss, cost, damage,
whether to person or property, or expense of any type or nature
which may accrue to the City by reason of the construction, main-
tenance, repair and alteration of the Street by Grantee, except
for the negligence of the City; provided, however, that in case
any suit or action is instituted against the City by reason of
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any such damage or injury, the City shall cause written notice
thereof to be given unto Grantee and Grantee thereupon shall have
the duty to defend any such suit or action, without cost or
expense to the City.
Section 8 : The City of Renton reserves unto itself the
right and power at all times to reasonably regulate in the public
interest and for the public welfare the exercise of the franchise
rights granted herein.
Section 9 : Grantee shall have no recourse whatsoever
against the City of Renton for any loss , cost, expense or damage
arising out of any provision or requirement of this Franchise or
the enforcement thereof. This Franchise does not relieve the
Grantee of any requirement of any City Ordinance , rule or regu-
lation or specification of the City, including but not limited to
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any requirement relating to street work, street excavation per_:
mics and fees therefor, or the use, removal or relocation of
property and :streets except that the Grantee shall have the right
to have access to the Plat through the Street and shall build the
street pursuant to Section 3 . No privilege nor exemption is
granted or conferred unto Grantee by this Franchise except those
specifically prescribed herein, and any such privilege claimed
under this Franchise by the Grantee in any street shall be sub-
ordinate to any prior lawful occupancy of the street or any
subsequent improvement or installation therein.
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Section 10 : On or before the lst day of January of
each year during the term of this Franchise, Grantee shall pay
unto the City, in consideration, of the issuance of this
Franchise, a sum of$10 . 00 .
Section 11 : Grantee shall cause to be filed a record
upon the property described in Exhibit A, covenants , conditions
and restrictions binding the Cedar Ridge Homeowners ' Association
to maintain the Street as provided in Section 6 and to indemnify
the City pursuant to Section 7 . The Declarations and Covenants
shall be substantially similar to the following :
The Homeowners ' Association shall be responsible
for all costs of all maintenance o`f the Street and shall
maintain the Street in good state of repair for the term
of this Franchise in compliance with all the City
ordinances , rules and regulations .
The Homeowners ' Association shall keep and protect
and save the City of Renton its employees , from and against
any liabilities , loss , cost , damage, whether person or
property or expense of any type or nature which may accrue
to the City by reason of construction, maintenance, repair
or alteration of the Street by the Homeowners ' Association.
Section 12 : The Franchise herein granted and created
and the restrictions here imposed and the agreements herein
contained shall run with the property described in Exhibit A and
shall inure to the benefit of and be binding upon the parties
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hereto and their respective successors , grantees and assigns and
shall inure to the benefit of each owner hereinafter.
Section 13 : Upon application to the City Council of
the City of Renton by Grantee , the Council may authorize Grantee
to install and construct in City streets additional streets , as
contemplated in Section 1 hereof, in a manner satisfactory to the
City Council ; such additional installations shall be subject to
all of the terms and conditions of this Franchise and to any such
additional conditions as may be prescribed by the Citv Council as
to any such additions .
PASSED BY THE CITY COUNCIL this 15th day of June , 1981 .
Delores A. Mead, GitClerk
APPROVED BY THE MAYOR this 15th day of June-, 1981 .
Gv..�.s4n-�✓
Barbara Y. nianpoch, Mayor
Approved as to form:
Lawrence J. Warren, ..City .Attorney
Date of Publication; June 19, 1981
ACCEPTED BY GRANTEE, CEDAR, RIDGE ASSOCIATES , a Washin ton limited
partnership , this day of June, 1981,
Its
EXHIBIT
She land referred to in this cam-itaient is situated in the State of
Washington, Co=ty of Ring arid is described as follows:
Tfiat portion of the Northwest quz-,ter of the Northeast quarter of
Section 20, Township 23 North, Range 5 East W.M. , in Ring County,
Washington, lying Northeasterly of the City of Seattle Cedar River
Pipeline Right of K--y, Northerly of a 200 foot Puget So;rnc Power and
Light Com-,-:nv lrar'ii.ssion Lire F1-.ht of Ww;
F.�.r F'I the North 250 feet of the East 400 feet thereof
ALSO, EX�:_vl that portion of the Northwest quarter of Northeast
quzrter of Section 20, Township 23 North, Rance 5 East W.M. , in Ring
Co.:^ry, Washington, described as follows:
�ecirning at the Northwest corner of said subdivision, said point being
:-^e true point of beginning;
thence South 89056137" East, along the Northerly limits of said
suhcivision, a diste. - of 929.E7 feet;
thence South 01043138" West, a dis:.ance of 818.33 feet;
thance South 71105_ '12" West, a distance of 109.48 feet to a point on
the Northeasterly r,argin of the City of Seattle Cedar River Pipeline
plc :-t of way;
4e Nor -. 4-1c20'15" West along said Northeasterly marcin, a disc nce
of 1,148.20 feet to a point on the Westerly limits of saiG suhdivisior.;
thence North 01°46102' East along said westerly limits, a distance of
33.14 feet to the true point of beginning;
I-J.SO, that portion of the Northeast quarter of the Northeast quarter of
said Section 20 lying Northerly of a 200 foot Puget Sound Power arra
Light Company Shuffelton Transmission Line Right of Way;
ALSO that portion of the Northerly 35 feet of a 200 foot Puget Sound
Power and Light Company Shuffelton Transmission Line Right of Way,
lying Easterly of the City of Seattle Cedar River Pipeline Right of Way
in the Northeast quarter of said Section 20, as measured at a richt
angle to the Northerly line thereof.
Situate in the City of Renton, County of Ring, State of Washington.
EXHIBI- 1 31
:hat tion of the Wast :/2 of the Northwest
/4 of Section 21 , To:."shS p 23 North, Range 5
..ast, described as follows: Beci:•^in-g
t a on the west line of said Section 21 ,
S 104l ' 46" k 1265 . 4 fee= _s n_assred along s:._d
line :ro- the northwest corner of said seot_or.,
beim _. - true point of becinning; thence S
34 °54 ' 3 0" .. -along the northeasterly nargi:, o:
^.e tract conveved to of Kin= in
deed dared October 31,,. '. 960 , recorded Dece_*rber 7 ,
_96� , ....:.== nL: itOr' s. r= 'No . 51230727 , 662 .
t ,-,- road; .
Feet t,-) ...'le nor..
a hWeS Er_�' I'.a_rq_n OF CO .tV .
thence 55° 02 ' 35" E alt. : Said -gin 30. x0
Feet; _. ince N 34°54 ' 30 ' W 9l0 feet more or less
to a on the wes _ne c_ sSec __on
when ce
41 , 40" tti alonc said west 'line is the
trLe z�_i:t of� beg '
.,U:,,;_„_ 110: Easements, restrictions aad e sE.
vatiens of record.
c�irl:�i •
mI. t -t- C the
E l NE 1/4 of Sectio" 20
o_r
North, Ran - 5 East, 4;�l:a:aette
ti:_r• Which lies F,_=.._.. a strip of la.
60 feet i n width, the bo=,dar ies of said strip
lying 15 feet distant s=),---hwesterly F_c:r� and
45 feet distant northeasterly from, parallel
with, and consentric with a line described
as fo_lows:
Beginning at a point in the east line of., said
Section 20, said point being S . 1°41 ' 40" W.
a distance of 1305.23 feet from the northeast
corner of. said -Section 20; thence northwesterly
along a curve to the left having a radius of
197.57 feet, a distance of 89 .24 feet (the
long chord of which bears K. 64°58 ' 10" W. a
distance of 88 .48 feet) ; thence N. 77°54 ' 30"
W. a distance of 350. 22 feet; thence north-
westerly along a curve to the right having a
radius of 197 . 57 feet a distance of 148 .27
.eet. (the long chord of wh4ch bears N. 56°24 ' 30
W. a distance of 144 . 62 feet) to a point in an
existing county road, said mint being S.
27° 35' 00` W. a distance cf 1256 .51 feet from
the northeast corner of said Section 20 ,
containin? 0. 78 of an acre, tore or less.
a..
..:.
..
Co::�:�encing at a point in the east line of said
Section 20, said point being South 1041140" West,
a distance of 1305. 23 feet from the northeast
corner of said Section 20 , thence northwesterly
along a curve to the left having a radius 0-
197 .57 feet a distance of- 89 . 24 feet (-he 'long
chord of which bears North 64058110" West a
distance of 88. 48 feet) ; thence North 77154130" .
West a distance of 350 .22 feet; thence northwest-
erly along a curve to the right having a radius
of 197 . 57 feet `s distance of 148 . 27 feet (the
long chord of which bears North 56024 ' 30" hest
a distance of 144 . 82 feet) to apoint- in an
existing county road, said point being South
27° 35 ' 00" West a distance ,of 1256 . 51 feet from
the northeast corner of said Section 20; thence
Noz 55° 05130" East a distance of 15 . 00 feet
to the ;,'1' POI?'^' OF EE2I,-,'ING OF said ' _:zA
thence northwesterly a CUI -ve to the left,
having a radius of 21-2 . 57 feet, containing -a
central angle of 4310.0100" a�distance o_` '159 . 53
feet, thence northwesterly, around a curve to
the right, having a radius. of 130. 15 feet,
containing a central angle of 58°01 ' 30" .an arc
distance of 131. 81 feet; thence North .19053100"
West a distance of 70 feet, more or less, to a
point on the southerly margin of the northerly
35 feet of the Puget Sound Power & Light trans-
mission line and the terminus of said .centerline.
SUBJECT TO: Easements, 'restrictions and reserva-
tions of record.
A portion of that part of the Wl/2NW1/4 of
Section 21, Township 23 North, Range 5 East,
Willamette Meridian,. Eing County, Washington,
lying within the Bonneville Power Administration
*!aple Valley Substation site, said portion
being particularly described as follows:,
Beci.^.n; ng at a woir.t i-: _`;e ncrtheasterlv bc::aczrv_
line e= theMaple Va:l.ev Substation site , S7-., d
point being S . 1°41 ' 40" W. a distance of 1265 . 4
feet from the northwe_s corn e= of said Section 21;
taen-_e S. 34°54 ' 30" z-'- enc said no_theas-e:l_v
line a distance of O-77 . E feet; =en--e S . 42'
05 ' 30" -W. along the so t:neasterly bouncary line
o` =_aid site a distance of 30 . 2 feet; thence N.
34° 51% W. , parallel with and 30 feet soLth-
wester?v, ` when measure' at right angles , from
said rort heas. .4. bo�,:^d��,, 1i.^.s or ss.ic site
a distance of 694 . 6 feet; thence northweste_ly
alonc a curve to the left- having a radl::s of
162 . 57 feet, a distance_ of 43 . 4 Feet (the log
chord of which burs N . 41-042120" W. adistan=e
Of 43. 2 feet) to a aoint in the west line of said
Section 21; thence N. E.1°41 '4
C along -said
west line a distance of 5 . 9 feet to the xint
-of beginning, containing of an acre, =re
That portion of the noZtheast 1/4 of Section 20,
Township 23 North, Range 5 East, W.M. , which lies
within a strip of land 60. feet in width lying
30 . 00 feet distance southwesterly and northeast-
e--1y from, parallel with and concentric with a
..
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1_ follows:
line described as
EXHIBIT "C11
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