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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 T 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") . -1- 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. -2- 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 -3- 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 r 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. -4- 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 -5 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 .. T 1_ follows: line described as EXHIBIT "C11 ' ION 1 � w rel' 11 �� � ,. • . . ��� of fjA m osi �•� N y� I M;Q'Q3 1 ' Z Z m IM: Q An CJ I i w n n iprnm ; . . 4 z I VC, i