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HomeMy WebLinkAboutRES 1921 � � � �• �. ' . �, ♦u� . . ` � f � . 4 �. • � � o ` " 7 � CITY OF RENTON, WASHINGTON RESOLUTION N0. 1921 WHEREAS the City of Renton has heretofore passed and approved Ordinances Nos . 2120 and 2557 on November 2 , 1964 and April 6 , 1970 , respectively, which ordinances are noc� in full force and effect , and WHEREAS OLYMPIC PIPE LINE COMPANY , a corporation , has heretofore made application to the City , pursuant to the aforestated ordinances , I for certain additional installations of its pipe line within the City of Renton, and the City being agreeable to additional installations subject ,h.owever , to certain terms and conditions , and WHEREAS said parties have heretofore entered and executed a certain "AGREEMENT" under date of Jialy a3 , 1974 , a true and correct copy thereof being attached hereto , and I WHEREAS such Agreement has been determined to be fair and equitable in all respects , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON DO RESOLVE AS FOLLOWS : SECTION I : The aforestated findings and recitals are hereby found to be true and correct in all respects . SECTION II : The Mayor and City Clerk are hereby authorized and directed to execute , on behalf of the City of Renton, said °'AGREEMENT" and simultaneously therewith , OLYMPIC PIPE LINE COMPANY, as Grantee , shall deliver unto the City all of the funds , deeds and conveyances and rel.ated documents as more particularly set forth within said "AGREEMENT" . Thereupon the City Clerk is authorized and directed to file for record� with the King County Director of Elections and Records , all of said pertinent documents . PASSED BY THE CITY COUNCIL this 22nd day of July, 1974. ����� �� Delores A. ead , ity Clerk APPROVED BY THE MAYOR this 22ndday of July, 1974 . very G rett , Mayor App ed as to form• �� �� Gerard M. Shellan, City Attorney -1- � � ; . ��S o�r•c��dvi.�1��21 , ` , -� 'r . '' • " � � ` PAG 829-.64 .' � ` ' ' . S uppl . #2---7 4 ' AGREEP�NT THIS AGREEMENT made and entered into thiso��-�dday of July , 1974 , by and between the CITY OF REidTON, a municipal corp�ration operating as a non-charter code city under. the laws and statutes of the State of Washington, hereinafter referred to as "C3TY" , and "OLYi�PIC PIPE`LINE COP�PAPdY'" , a corporation, its successors and assigns , hereinafter referred to as "GRANTEE" ; W I T N E S S E T H: 1. The parties hereto make �efsrence to that certain O.rdinance No. 2120 passed and approved on Nov�mber 2 , 1964 , and as further amended by Ordinance No. 2557 passed and appraved on April 6 , 1970 , pursuan-t to which GRANTEE was granted the right , privilege , authori�y and franchise to lay down, construct , operate , maintain, replace , alter, remove and repair. certain pipelines , together wi-th all equipment and appurtenances thereto , for the transportation, storage and handling of oil , and any by-product thereof , within certain designated areas and , righ�t-of-ways of the City of Renton, all as more partieularly set fc�rth , in said Ordinances , and subject to the terms and conditions therein I contained. It is hereby acknowledg�d and stipulated that said Ordinances . , are now in full force and effect. II 2 . Pursuant to Section 18 ot Ordinance No. 2120 , GRANTEE has 'I heretofore made application unto CITY for certain additional i.nstallations of .its pipeline within the City of �enton, and CITY is agreeable to ,. authorize such additional installations , SUBJECT T0 , HOWEVER, the terms and conditions and provisions of this Agreement, all of which shall be concomitant with the authority herein :�granted unto GRANTEE to install such additional lines . NOti�J THEREFORE , in consideratian of the sum of One Dollar and other good. and valuable consideration. accruing to each of the ., ' -1- , , , • . . , < < i parties hereto , it is hereby agreed and covenanted as follows : 1. In pursuance of Section 18 of Ordinance No. 2120 CITY hereby �rants and gives unto GRANTEE the right , privilege , authority and franchise to lay down , construct , operate, maintain , replace , alter, remove and repair an additional twanty inch (20'�) pipeline under, below and through certain public rights-of-way , all as more particularly identified on Exhshi..t "A" attached her•eto and incorporated herein as if fully set forth; all of such installation shall be in s�trict compliance with the aforespecified Ordinances and all other Qrdinances , Resolutions , Rules and Regulations , including construction co�.es , of the City of Renton. In addition thereto , GRANTEE shall. likewise strictly comply caith all standards applicable to such installation and maintenance of the American Petroleum Institute , the U. S. Department of Transportation Pipeline Safety Standards , known as Title 49 CFR, Part 195 . GRANTEE further agrees and covenants to install a total of five CS) block valves within said pipeline to be constructed within the City Limits of Renton, and one Cl) of each such block valves to be located in the Talbot Hill area, two C2) at or near the Cedar River , one Cl) in the Honey Creek area, and One Cl) on the north side of the , May Creek area, the exact locations thereof to be agreed upon be-tuieen � GRANTEE and CITY: Each such block valve 'shail be securely fenced in an. area of app. eight feet C8) by twelve feet (12) in dimensions , and at all times properly and attractively maintained by GRANTEE. I 2. It is further acknowledged and stipulated by and between the parties that complete and extensive consideration has been given to the environmental impact of such proposed constructi.on as hereinabove sefi forth , and that all pertinent enviraiiinental impact data, reports s and studies , have been duly undertaken by CITY and GRANTEE , all in ,I n � � , •T ' • � . . ' ` . � full compliance with all applicable State of Washington laws and City Ordinances , Regulations and policies . A proper determination has been made by CITY's responsible public official , and duly coneurred in b its Le islative Bod that a ne ative environmental Y g Y� g impact statement is proper and appropriate under the circumstances herein existing. 3. GRANTEE to execute and deliver unto CITY a proper Quit Claim Deed in standard form to a certain parcel of property, all as more particularly described on the attached Exhibit "B" , which is incorporated herein as if fully set forth; said Deed in favor of CITY shall be for "park, playground and other municipal purposes as may be determined by CITY from time to time'� . Simultaneously with such delivery , GRANTEE shall furnish unto CITY an up-to-date policy of title insurance , . in standard form, free and elear of encumbrances , except as specified on the attached Exhibit "B" . .A11 costs of ti.tle insurance , revenue stamps and relat�d expenses , except recording fees for said Deed, shall be barne by GP�ANTEE. CPortions of Lots 20 and 21., Block 7 , C. D. Hillman' s Earlingtor. Garden Addition to the City of Seattle , Division No. 1) , 4. GRANTEE to execute and c�eliver unto CITY a proper Quit a Claim Deed in standard form to a certain parcel of property, all as more particularly described on the attached Exhibit "C" , which is incorporated herein as if fully set forth; Said Deed in favor of CITY shall �be for. "park, playground and other municipal purposes as may be determined by CITY from time to �ime" . Simultaneously with such delivery , GRANTEE shal� iurnish unto CITY an up-to-date policy of title insurance , in standard for;n, free and clear of encumbrances , I � �I -3- _ . :. . � � � �s � . . . � i except as spec�.fied on the attached Exhi,b�.t "C" . �11 costs of title insurance, revenue stamps and related experises , exce�t recordi.ng fees �or saa.d Deed, shall be boxne hy GRANTEE. (Lot 57, Block 7, C. D. Fiillman's Earli.ng Garden Add�,tion to the Citx of Seattle., Di.vi.sion No. 1� . 5. GRA,NTEE to execute and deli:ver unto CITY an agreement consenti.ng to the use for tra�,l and _related purposes over, across, under and unto all of the easement properties described on Exhibit "D" attached hereto w�hich is incorporated herein as if fully set forth. It is further acknowledged and agreed by and between the parties that the fee ownersI-iip of all of the properties described on Exhibit "D'° is owned by parties other than GRANTEE. GRANTEE agrees and covenants to use its utmost efforts to seek the written approval and concurrence of such fee owners for the purpose of implementing such trail system at the earliest possible date. GRANTEE further ��� C agrees and covenants to���de said trail easement area wi.thin sixty (60) days after installation of its pipeline, and to properly replant such easement area to provide adequate erosion control therefor; however, the trail easement area adjacent to SR 167 shall be replanted with trees and all of such work, at GRANTEE 's sole cost and expense, to be subject to the approval of the CITY ' s Planning Department and in compliance with all applicabl•e City ordinances and resolutions . It shall be the responsibilitX of CITX to obta�n the rec�ui�i,te consents to use such easement properties for trail purposes from the owners thereof. CITY further agrees .to indemnifX and save GRANTEE harmless from and agai;nst any and all cla%ms, acti.ons, dama es and li,abilit � g Y in connection Hti,th. loss of li;�e, �ersonal i,njurX and/or damage ta ' + � propert�r ari,si.ng from or out of an�r occurrerice, %n, upon or within � ; said trail easement occasioned or resulting frem the use thereof for trail and related pur�oses. ..�}�. 6 . GRANTEE further agrees and covenants to execute and deliver unto CITX �er�etual easements for trail and relat�d purposes, over the follow�ng described �ro�erties ��th such easements to be ef�ective at such t�me as �onstruction of Lind Avenue Southwest, Renton, has been completed �rov�d�ng �ro�er �ublic access to GRA.NT�E's facility and w�th the documents ev�dencing such convexances to be held �n escrow by CZTX unt�l such construction has been completed: Ca� An easement for trail and related purposes along the easterly ten (10� feet of certain property owr_ed by GRANTE�, all as rnore particularly described o� the attached Exhibit "E" which is �ncorporated herein as if fully set forth. Said easement area shall ����� b graded and replanted in the same manner as set forth in Section 5 above. GR.ANTEE ' s remaining twenty (20) foot area located adjacent to such ten (10) foot strip described in Exhibit "E" shall remain and continue in its natural vegetation, or if disturbed in such natural growth, be restored at GRAVTEE 's expense, with appropriate landscaping as may be determined by CITY 's Planning Department, All existing vegetation, including trees, to be retained along the westerly edge of GRANTEE 's valley property. Such ten (10) foot easement area shall be available for inclusion as property of GRANTEE for any setback purposes under the zoning or building codes of CITY. (b) An easement for trail and related purposes over property of GRANTEE six (6) feet in width, as more particularly described on the attached Exhibit "F" which is incorporated herein as if fully set forth. . •-- �I . 7. All of the afores�ecified conveyances bX GRANTEE unto CITY shall be w%t�out cost to CITX except for tY�e necessarX recording fees charged by the King County Recorder. _5.. 8. GRAPdTLE further aarees and covenants to promptly pay unto CITY, on or before the first day o� JanuarX o� each year during the term o� the franchise as. set �orth in Ordinance No, 2120, an annual �ns�ection �ee �hi,ch shall be a sum e�ual t� the total number o� lineal feet of pi�el�ne located w�tIun the C�tX Lim�ts of the City of Renton on the �irst daX of each an� every year, mult��lied by the rate of $ . 05 (five cents per lineal foot� , but the m�nimum sum to be paid to the CITY annually, in any event, to be not less than five hundred d�llars ($500. 00) . (Reference is herebX made to Section 16 oz Ordinance No, 21201 . Furthermore, GRANTEE shall pay unto the CITY simultaneously ��ith the e�ecution of this Agreement, and in consideratzon therefor, a sum equal to three dollars ($3. 00� per lineal foct as a franchise fee, to wit, the total sum of $13,719 . 00 , and such payment to be made to the Director of Finance, City Ha11, Renton, Washington. � 9. Whenever feasible and permitted, GRANTEE agrees and covenants to take all proper and timely steps to re-vegetate and restore all areas owned or controlled by GR.ANTEE after installation of its pipeline and appurtenances in connection therewith so as to prevent any unsightly appearance thereof. IN WITNESS WHEREOF the parties hereto set their hands at Renton, King County, Washington, the day and year first above written. GRANTEE: CITY: � � OLYMPIC PIPELINE COMPAI�tY, a CITY OF REIQTON a mun� � al I ic�� • P corporati corpo tion . - By ,��i�1-. , BY � M,aycr ; . B a..t�T :�ei1G -6- _ . .. I � .. -� . . . ��s����t'��� l��l � � �� ExF�laiT „a„ � 1 . Across id . E . 12th St. at a point approximate1y 1010 feet tdest of . East 1 i ne , Secti on 9 , To��nshi p 23 l�lorti�� , Range 5 East , 41. P�1 . (60 ' ) 2 . Across i� . E. llti� St. at a point apprcxir�ately 850 feet 41est o,f � East line , Section 9 , Toti��nship 23 (�orth , Range 5 East , 41. �1 . (50 ' ) ' 3. Across N . E , lOth St . in Section 9, To4��nship 23 florth , Range 5 East, 41�. P1 . (not open ) 4. F�cross iJ � E:. 7th St. at a poi nt approximately 750 ' t•lest of East line , Section � , 7o�rnship �:� i�orth , ttange 5 East , �t. P�1 . (60 ' ) 5 . Across fl . E . Gth Pl . , Section 9 , Tot��nship 23 (tarth , Range 5 East , . 41. M. (not open) 6. Across (1 . E . 6th St , at a point approximately �50 feet . 4lest of East line , Section 9 , Township 23 (lorth , Rar�ge 5 East , t�J. hi . (60 ' ) 7. Across 4th Ave . N . at a point a.prroxir�ately 1000 feet West of ' East line , Section 9 , To�-�nship 23 (lorth , Range 5 East , td.Pt . (60 ' ) 8 . /�cross S. E . 5�f� St . at a point approxir�ately 370 feet F1est of East line , Section 16 , Tovrnsl�ip 23 ��ortl� , Range 5 East , ld. t1. (30 ' ) 9. E�cross S. E. 6ti� St. at a point approximately 650 feet 4lest of East line , Section 7G , ToG�rnship 23 f�orth , Range 5 East , L�1.t�1 . (30 ' ) 10. Across Seacon �rlay (Seattle Cedar River tdater R/t-J) at a point , apprcxir�aiely 1330 feet 41est of East line , i�E/4 , Section Z0 , • •� Totivnship 23 .(vort}� , Range 5 East , 6J.11. (EiG ' ) 11 . Across Grant Ave . S. at a point approxirnately 970 feet East of - � West 1ine , idW/4 , Seciion 20 , To��rnship 23 i�orth , Rar�ge 5 East , 1�1. �-i . (not open ) 12.. Across Eagle Kidge Dr. at a point approxir�ately 1000 feet East of 4lest line , (�dLJ/4, Section 20, To�vnship 23 ido•rth , Range 5 East , 4•J.�1 . (not open ) � • 13. Across Benson Rd at . a point approximately 440 feet �dorth of East�4Jest/4 line , ta-41/� , Section 'L0, Toti•anship 23 iaorth , Range 5 East , W.ht. (120 ' ) 14. Across f�e�•� 1'albot Dr. (SR #�575 ) at a point approxir�ate7y 440 feet �torth of Eas�t-4lest/4 line , fdE/4 , Section l9 , To�•rnship 23 (�lorth ; Range 5 East, 4J.t�1. ( 113 ' ) ..._� 15. Across Smithers Ave, S . at ,a point appraximately 530 feet tdorth �of East-IrJest/4 1 ine , fdE/4, Sectiori 19, Township. 23 (Jorth , Range 5 East , 41.hi. (40 ' ) . 16. In S. 14th St. (Frontage Rd ) fror� a point approximately 700 feet West of East line to intersection of �ake & i5i:ii Ave. , tic/4 Secti on ] 9, To�•�nshi p 23 iaorth , Range 5 East, t-!.t•t. ( 1760 ` ) 17. In Lake Ave . S. to a point approximately 90 feet t�orth of inter- section of lake & 15th Ave. , SE/4 , Sectior. 19 , To�rnship 23 ilorth , . Range 5 E:ast , 41.P�1. ( 13D ' ) • . � , f � i � ? 8. ��lcross S. 19th St. ( S . � 15Gti� St . ) a� a point approxir�ately 1200 '. feet 4dest of intersection of S . 156th St . and 9Gth Ave . , SE/4•, _ . Section 19, To���nship 23 i1or�:l� , Range 5 East , t�d .ht. (not open ) ;, 19. Across East Valley Rd . on S 7ine , Section 19 , To�rnship 23 North , _ Range 5 East, Wohl. (GO ' ) . � Streets 2,639` . . Part:lanc�s 1,�34 ' � . . Totai 4,573' �. � � Centerline Ues�r; �i:ion c�' �l.��r�ic P s�e L� re Crossina City or Ren�on Park Lands � l . Kiv�anis Park - Beginning at a point on the t�ortherly boundary of Kiwanis Park said Point being 60 feet from the t�ortht�rest Corner of said Park ; thence Soutf� 10°03 ' 48" East , a distance of 44 . 5 feet ; thence South 5°23 ' 24 " �lest , a distance of 533 feet ; thenc� South 6°21 ' 35" t�lest, a distance of 279 feet , more or 7es� , to the Southerly boundary of said Park , said easenent being approxi�ately �556. 5 feet in length . � 2 . hlap7e��ood Park - The centerline of easeroent lies parall�el a�ith and 90 feet Southeasterly of the f�lorth��esterly line of the (•laple= wood Park property, said easement being approximately 450 feet in lengti�. . 3. Lov�er Ta] bot Park - Seginning at a point on the P�lorth line of ' Lot 22 , Block 7 , C . D . Hi ] lman ' s Ear. lington Gardens , Divisior� flo . � ' 1 as recorded in Volume l7 of Plats , page 17 , Records of King County , tJashin�ton , said point being 706 . 46 feet tdest of the «ortheast corner of said Lot 22 ; thence South 36°29 ' O8" 1�lest , � 94. 78 feet ; thence South 07 °28 ' O1 " ��est , 70: 64 feet to the point � � of terminus , said point being 200. 00 feet tdest of the Southeast corner , as measured along the South line of dot 23 , B1ock l , of . said plat. 165.42' _ TOGETHER WITH an easenent Hrith the folloti•ring described centerline : Beginning at a point on the (lorth line of Lot 33 , Block 7 , C . D . Hillman ' s Earlington Gardens , Division tlo . 1 as recorded in Voluc�e 17 of Plats , page 1�7 , Records of Klt1g County , Washington , said point being 281 . 31 feet !�dest of the �lortheast corner of said Lot 33; thence South O1 °05 ' 44" �dest , 389 . 93 feet; thence South 04°27 ' 03" East to t}�e point of terminus ; said p.oint being 432 . 49 feet West of the Southeast corner, as measured along the South line , of Lot 41 , Block .7 of said plat. 402.20� - _ , � _ - . r . ., 2 „ � . . � � R�s b�c�"�a�, �9 a� . � . :� , , , . EX�IZBIT "B" I'I Those. �orti.ons o� Lots 20 and 21, Block 7 , C. H. Ha:llman ' s �, Earlington Gardens Addi.tion to tIze Ci.tx of Seattle, Division i1o. I, according to the plat recorded zn Volume 17 of plats, page 74 , in Ki:ng County, [aashington, ly�ing Easterly of State Highway No. 5, "SR-167" as condemned i.n Ki_ng County Superi.or Court Cause No. 588967 . . p :+ � � EXHIBIT "B" . � � .. � -� � . r�s����l�yt, 1Y�I ._ ExxzszT ��c�� Lot 57, B1ocIc 7, C. D. Hi�llman 's Earli,ngton Garc?ens Addition to the C�.ty of Seattle, Da.visi,on No. l, accordi.ng to the plat recordecl in Volume 17 of plats, paae 74 , in King Count�r, 6Vashington, eacept that �ortion conveyed to the State of Washington for State High�zaX TJo. 1 by Deed xecorded un�er Audi,tor 's fi.le No. 5424482 . . .., � EXHIBIT "C" - I I , � . � 4 p�sb��ti�jbn, � �a � , u u ���%_ EXHI6IT E - That portion of th� northtivest quarter of the northa�rest quarter of '� Section 30, Township 23 Worth, Range 5 East , W . M. , in King County , ', 4tashington , described as fo11o4rs : I Commencing at the northwest corner of said Section 30 ; TNEt�CE South 0°49 ' 70" West along the 4dest line of said Section 30, a distance of 1Fi0. 01 f�et to an intersection with a line paralTel to and 180 feet Southerly, measured at right angles to the t�orth line of said Section 30; THEt�CE South 89°52 ' O1 " East parallel with said �dorth line , a distance of 930. 93 feet to the True Point of Beginning ; Tf�ENCE South O1 °35 ' 12" West, a distance of 547 . 01 feet ta a point ; Tf�ENCE South 83°24 ' 48" East, a distance of 30 feet to a point; TtfEf�CE fdorth O1 °35 ' 12" East , a dis�ance of 547 . 77 feet to a point; THENCE North 89°52 ' O] " 4Jest, a distance of 30. 01 feet to the True ' Point of Beginnir�g; Said tract containing in all 0. 376 acres , more or less . Subject to : Easements , restrictions an� reservations contained in deed recorded under Auditor ' s File No. 7312270303. � :� , _ , ��So��s/v� 19�J , � . � . � � . , �, ! ' , . �/. Exf�lalr �� F�� The north 70 feet of the nor�theast quarter of the northt•rest quarter of section 30, township 23 north , range 5 east , 41,t�1 . , in King County, �dashington , EXCEPT port� on conveyed to the State of t��ash- ington for highway purposes by deeds recorded under a.uditor ' s file «o . 3911471 and ] 081421 6U7 RESERVI�dG to Grantor an easement over . the southerly thirty feet (30 ' ) of said realty for ingress to , and egress from, the portion of said northeast quarter of said nortl���rest quarter lying immediately south of said realty, and ��thich reserved easement includes the righ� to construct and maintain a paved road I� on said thirty foot (30 ' ) strip of ]and ; SUBJECT T0 : � ' l . Ease�nent for vraterl ine to the City of Seattle , a municipal � corporation , by instrument recorded September 27y 1946 under auditor ' s file t�o . 3612021 , records of King County, 4�ashington . 2 . Easemer�t for electric transmission line to the City of Seattle � a municipal corporation , by instrument recorded December 26 , 1961 under auditor ' s file No. 5333805, records of King County, Washington . � ,.