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HomeMy WebLinkAboutORD 3857 h ' Amended By ORD 4723 Amended by ORD 4860 CITY OF RENTON ORDINANCE NO .3857 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON PROVIDING FOR THE RELEASE OF EASEMENTS ESTABLISH- ING A PROCEDURE THEREFORE , IMPOSING AND FIXING A PROCESSING FEE AND REQUIRING PAYMENT OF COMPENSA- TION TO THE CITY BY THE AFFECTED OWNERS FOLLOWS;THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON, DO ORDAIN AS SECTION I : It is the intention of the City Council to establish a unified method of releasing easements which have been abandoned and are no longer needed by the City. SECTION II : A . The owners of an interest in any real estate over which an easement exists within the City of Renton may petition the City Council for the release of the easement or any part thereof . The petition shall be on a form prescribed by the City , shall contain a full and correct description of the property sought to be released and shall be signed by the owners of more than two-thirds (2/3) of the property affected by said easement . B . Upon. the filing of the petition with the City Clerk the petitioning owners shall simultaneously pay an Easement Filing Fee, specified in the Fee Schedule Ordinance, to compensate the City for administrative cost and expense in processing , checking and handling such application . This fee may be waived by Council Action . C. Sufficiency of Signature . For the purpose of determining the sufficiency of signatures of "owners of private property" on the petition , the following rules shall govern : 1 . The signature of an owner , as determined by the County Assessor shall be sufficient without the signature of his or her spouse . 2. In the case of mortgaged property or property subject to a contract of purchase, the signature of the mortgagor or the contract vendee, as the case may be , shall be sufficient. 3 . In the case of ownership by a corporation , the signature of any officer authorized by the by- laws or resolution of the Board of Directors of the corporation shall be sufficient when evidenced by an excerpt of the by- laws or resolution certified by the secretary of the corporation , granting such authority . 4 . In the case of property owned by the estate of a decedent or incompetent , the signature of the duly qualified personal representative or guardian shall be equivalent to the signature of the owner of the property . D . In the case where the "owner of interest" cannot be determined , a current title report may be required to be furnished by the applicant, at the applicant 's expense . SECTION III .- A . II :A . The City Council shall refer the petition to the appropriate Council Committee and seek the recommendation of the Board of Public Works as to the advisability of the proposed easement release, and the classification of said easement pursuant to Section IV of this Ordinance . B . Upon recommendation of the Board of Public Works and Council Committee , the Council shall determine whether the proposal should be granted , the classification of the easement, and the compensation to be paid of any) , in accordance with Section V of this Ordinance . C. The City further reserves the right to retain the easement for the construction , repair and maintenance of public utilities and public services . SECTION IV: For the purposes of this Ordinance, all easements within the City of Renton are hereby declared to be within one of three classes: CLASS A: All City of Renton easements acquired at monetary cost to the City or easements acquired at no monetary cost to the City, but for which expenditures of funds have been made in the improvement or maintenance of same . CLASS B: All City of Renton easements for which no public funds have been expended in the acquisition , improvement or maintenance of same or easements originally dedicated or otherwise conveyed to the City by the present petitioner for the release of said easement for which no public expenditures have been made in the acquisition , improvement or maintenance thereof . CLASS Q: Same conditions as Class B except there is evidence that the property owners could have substantial monetary gain from release of the easement . SECTION V: A . If the petition for easement release is approved by the City Council the applicant may complete the easement release process as follows : 1 . This applicant shall pay an easement release Processing Fee in an amount as set forth in the Fee Schedule Ordinance to defray the remaining administra- tive costs of processing and completing the proposed easement release . This fee may be waived by Council Action . 2. In the event of the release of an easement classified as Class A or Class C. , the City shall receive compen- sation which amount for the purposes of this Ordinance is to be determined by an appraisal provided by the applicant; Provided , that the City Council shall have authority, upon recommendation of the Administration , to accept real property of equal value in lieu of cash compensation where the value of the easement to be released is not more than the value of the real pro- perty to be acquired by such exchange : 3 . The applicant . shall make or cause to be made, an appraisal in writing by a M .A . I . or other qualified appraiser, as approved by the City, and furnish the results thereof unto the Public Works Director for evaluation and approval . The cost of the appraisal shall be borne by the applicant . The compensation thus determined shall then be paid unto the City Clerk . The Ordinance releasing such easement shall not be enacted until such payment has been made . 4 . In the event of an release of easement classified as Class B, the City shall rece ! ve no further compensation other than the Easement Release Processing Fee to defray adminis- trative costs of the easement release. 5 . When an easement is released for a governmental agency, and compensation is required , compensation shall be based upon the administrative costs of the release and may, at the discretion of the City Council , be based upon original cost to the City of acquisition . 6 . 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 abandoned and shall be denied . SECTION VI : Upon the release of any easement as hereinabove provided for, the property within the limits so released shall be attached to the Property from which it was acquired . If the City Council ascertains and determines that the acquisition of the easement by the City occurred in some proportion other than equally from ownerships, the Council shall set forth in its decision the proportions so established and the released easememt shall be conveyed to the owners in such proportions . A certified copy of the ordinance releasing any such easement or part thereof shall be filed for record with the King County Recorderts Office . additional copies thereof may be furnished to such governmental agencies as may have an interest therein . . f SECTION VII : Compensation received from the released easement shall be placed in the Street Fund or Utility Fund whichever is appropriate unless otherwise provided by the City Council . .SECTION VIII : Ordinance No. 3515 of the City of Renton is hereby amended by adding the following release of easement fees to Schedule "A" of said Ordinance: TYPE OF APPLICATION UE SECTION Release of Easement Filing Fee $100 .00 Title I Ch 41 Item 122 of Release of Easement Processing Fee $100.00 Code SECTION IX : This Ordinance shall be effective upon its passage, approval and thirty (30) days after publication . PASSED BY THE CITY COUNCIL THIS 22nd day of October 1984 Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 22nd day of October 1984 ►L�IDGLn Barbara Y. Shinpoc Mayor APPROVED AS TO FORM; a Lawrence J . Warren , City Attorney Date of Publication: October 26, 1984