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Easement - Release Process and Submittal RequirementsDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 of 8 | Rev: 3/2/2020 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 Website: rentonwa.gov RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS Rev : 3/2/2020 This document is intended to help an applicant better understand what is expected in preparing the application for submittal, review, and approval of a release of easement petition. COMPLETE CONTENTS OF THIS PACKAGE: 1. Release of Easement Review Flow Chart 2. Requirements 3. Submittal Checklist 4. Process 5. Petition 6. Legal Description Guidelines 7. Map Exhibit Guidelines Section I: Release of Easement Review Flow Chart The review and approval process is summarized on the flow chart below and further explained in subsequent pages. Applicant Responsibilities City Responsibilities City Held Meetings Note: The established timelines do not account for unintended findings, modification requests and review time, or omissions which may delay the review process. Specific Code Section(s) related to this document RMC 9-1-5 Release of Easement RMC 4-1-180 Easement Filing Fee RMC 4-8-090 Public Hearing Step 1 Applicant submits Release of Easement Application Step 2 Review and Process Period Step 3 City Council Meeting Step 4 Completed and Appraised Step 5 Final Processing by City RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Page 2 of 8 | Rev: 3/2/2020 Section II: Requirements Release of Easement A release of easement is used to facilitate the termination of a public utility or access easement. Criteria for a release of easement The owners of an interest in any real estate over which an easement exists within the City may petition the City Council for the release of the easement or any part thereof. This summary outlines the procedure of filing a release of easement application in the City of Renton. The application packet is designed to obtain all the information necessary to allow the City to make a well- informed decision on your application. The applicant is responsible in meeting the requirements imposed and coordinating with any other property owners who signed the petition. Section III: Submittal Checklist The applicant should contact the Property and Technical Services prior to submitting a release of easement application if there are any questions regarding the submittal requirements. Marking an item as “Not Applicable” or “N/A”, without acceptable justification, may result in the submittal being rejected at Intake. The applicant must submit a complete application to the City Clerk’s Office. Included N/A All Are Required Unless Waived by City Staff ____ Signatures: This petition must be signed by the owners of more than two-thirds (2/3) of the property affected. [Note: It is recommended that the petitioner(s) obtain the signatures of all (100%) of the owners whose property abuts any part of the easement. ____ Legal Description labeled as “Exhibit A”: Please attach a full and correct legal description of the easement sought to be released. The legal description must include the pertinent section, township and range information and must state that the described area is situated in the City of Renton. It should be labeled Exhibit A and be suitable for recording with the final ordinance. ____ Map Exhibits labeled as “Exhibit B”: Please attach the map exhibit of the area for which a release of easement is requested. The Release of Easement Area Map Exhibit, should be labeled Exhibit B and be suitable for recording with the final ordinance. ____ Public Benefit labeled as “Exhibit C”: Please attach a brief explanation of the purpose and public benefit of the requested release of easement. ____ Payment: A release of easement filing fee is required as set forth in Section 4-1-180. This fee compensates the City for administrative costs and expenses in the processing, checking and handling of the initial release of easement. This fee also includes the publication and posting expense of any notice pertaining to the release of easement. This fee may be waived by Council action. (Amd. Ord. 4723, 5-11-98) RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Page 3 of 8 | Rev: 3/2/2020 Section IV: Process STEP 1: Applicant Submits for Release of Easement Timeline depends on time required for petitioner(s) to obtain and submit signatures, map and legal description. STEP 2: City Review Period Timeline is approximately four (4) weeks plus an additional four (4) weeks for resolution to set and hold Council Meeting. Review of Release of Easement Request: A validated petition will be circulated for review and comments to all City departments, as well as other local agencies and utilities. The purpose of this review is to determine if the requested release of easement is acceptable. This review must be completed before the Council Committee meeting is held and takes approximately four weeks. Schedule Council Committee Date: Staff will set a date for the release of easement to be presented to Council at a Council Committee meeting. It is not necessary for the petitioner to attend. Preparation for Council Committee: Staff shall prepare a report and presentation for the Council Committee meeting. STEP 3: City Council Committee Meeting Meeting is approximately fifteen (15) to forty-five (45) minutes During this meeting, the City Council shall seek the recommendation of the City Departments as to the following:  The advisability of the proposed release of easement  The classification of said easement After the meeting Council shall determine whether the release of easement should be granted, the classification of the easement, and the compensation to be paid (if any), in accordance with Section 9-1-5 of the Renton Municipal Code. The City further reserves the right to retain an easement for the construction, repair and maintenance of public utilities and public services. STEP 4: Compensation and Appraisal Timeline depends on time required for petitioner(s) to obtain and submit appraisal plus approximately two (2) weeks to set compensation. Appraisal: Following a recommendation for release of easement after the City Council Committee Meeting, the petitioner(s) may be required to obtain a written appraisal from an M.A.I. or other qualified appraiser, as approved by the City, and furnish the results to the Property and Technical Services Manager for evaluation. Petitioner(s) shall pay the actual cost for preparation of the appraisal report. The appraisal fees are in addition to the filing fee and the processing fee. (Ord. 4860, 9-18-2000) Evaluation and Recommendation: Through the Property and Technical Services Manager, staff shall evaluate the appraisal and make a recommendation to the City Council regarding its acceptance. The appraisal is used to help the City Council make a determination of the compensation due the City. [Note: 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 9-1-5 of the Renton Municipal Code)] Payment: The applicant shall pay a release of easement processing fee in an amount as set forth in Section 4-1-180E. Thus, after Council has approved the release of easement request, a processing fee will be due before recording of the easement document. RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and regulations, whether or not described in this document. Page 4 of 8 | Rev: 3/2/2020 City Compensation: In the event that the release of an easement is classified as Class A or Class C, the City shall receive compensation in accordance with RCW 35.79.030. The City Council shall have authority, upon recommendation of the administration, to accept real property or a property right in lieu of a part or all of the cash compensation that would be paid. In the event of a release of easement classification as a Class B, the City shall receive no further compensation other than the easement release processing fee to defray administrative costs of the easement release. STEP 5: Finalize Release of Easement Timeline: depends on time required for petitioner(s) to pay fee and recording processing time Recording: Following payment, City Clerk’s office will transmit the release of easement forms for recording to King County. After recording, the easement will be fully released and it is recommended that the petitioner contact their title company for an updated title to reflect the release if necessary. RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Page 5 of 8 | Rev: 3/2/2020 Section V: Petition Property Owners Property Identification Number: ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ (First 10 digits of your 12-digit property tax account number) Signature: Name: Address: City: State: Zip: Phone: Email: Property Owners Property Identification Number: ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ (First 10 digits of your 12-digit property tax account number) Signature: Name: Address: City: State: Zip: Phone: Email: To the Honorable Mayor and Members of the City Council City of Renton 1055 S Grady Way Renton, WA 98057 Dear Mayor and Council Members: We, the undersigned property owners abutting a certain portion of public easement, respectfully request the release of easement as described on the attached “Exhibit A” and commonly known as: _____________________________________________________________________________ (Insert closest cross streets and reference the street name, i.e., NE Bog Street from Bicycle Alley to Slalom Avenue NE.) We request a time and place be fixed when this petition will be heard by the City Council. Of the property owners abutting the area of this petition, _____% (2/3 or more required) of the lineal frontage have agreed and indicated their joining this petition with their signatures below: RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Page 6 of 8 | Rev: 3/2/2020 Petitioner Name: Address: City: State: Zip: Email: Phone: Company (if applicable) AFFIDAVIT OF AUTHORIZATION I, (Print Names(s) ___________________________________, declare that I am (please check one): ___ The current owner of the property involved in this petition ___ An authorized representative for the petitioners And that the foregoing statements and signatures herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. _________________________________________ (Signature of Owner/Representative) / Date _________________________________________ (Signature of Owner/Representative) / Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. _________________________________________________________________ Notary Public in and for the state of Washington: _________________________________________________________________ Notary Print My appointment expires: ___________________________________________ Submit Petition and Filing Fee to : Renton City Hall, City Clerk’s Office, 7th Floor, 1055 S Grady Way, Renton, WA 98057 RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS Page 7 of 8 | Rev: 3/2/2020 Section VI: Legal Description Guidelines The objective of a legal description is twofold: first, to describe a land area in definitive, accurate, and detailed terms to permit a competent person having no familiarity with the land to locate the boundaries of a piece of property; and second, to meet the legal requirements of conveying interests in real property from one individual to another. Although the definition is correctly stated as a "land" description, it is generally called a "legal" description because it must stand up under the law and litigation. There are generally five types of legal descriptions: 1) A series of lines around the perimeter of an area known as a metes and bounds description; "metes" means bearings and distances and "bounds" means and refers to monuments both physical and legal. 2) A boundary description stated totally by reference to other parcels already on record in the public repository. It merely makes ties by reference to the deeds of the owners adjoining each boundary line of the property being described. 3) All or part of a section in the Public Land Survey System. 4) A lot in a recorded subdivision. 5) Strip descriptions for right-of-ways of pipelines, roads, etc., which may cross many parcels. The following guidelines consist of elements which are recommended for use in the preparation of legal descriptions. They are not intended to be all inclusive and may not be applicable in all situations: 1) In a description of a lot, tract, parcel, or portion thereof in a recorded plat, short plat, or record of survey: a. Lot and block number or designation and addition or subdivision name; b. Official recording data and identification of recording office; c. Location by section, township, and range with respect to the Willamette Meridian, (if applicable); d. Property location by city, county, and state. 2) In a description of an easement, lot, tract, or parcel described by metes and bounds: a. Parcel location by the subdivision(s) of the section; or portion of any other official sub divisional tract from a Government Land Office (GLO) or Bureau of Land Management (BLM) plat; or portion of a recorded plat, short plat, or record of survey; b. Section, township, and range with respect to the Willamette Meridian; c. Property location by city, county, and state; d. Direction and distance to GLO or BLM corners or properly determined section subdivision corners with description of the physical corners, if applicable; e. A description of the boundary giving: • Place or beginning and or initial point; • Basis of bearings or azimuths; • Bearings, angles, or azimuths in degrees, minutes, and seconds; • Distances in feet and decimals of feet or record units, where applicable; • Curve data showing the controlling elements; • Identification of senior adjoiners giving recording office and filing reference; • Calls to existing controlling monuments, both artificial and natural; • Calls which indicate if a course is a section line, sub divisional line, a line of record, or parallel therewith; • A bearing and distance for each boundary line of the described parcel with a closing course returning to the point of beginning, except where the boundary can be described by a record, physical, or natural feature. RELEASE OF EASEMENT PETITION PROCESS AND SUBMITTAL REQUIREMENTS (CONT’D) Note: This handout shall not be used as a substitute for codes and regulations. The Applicant is responsible for compliance with all codes and regulations, whether or not described in this document. Page 8 of 8 | Rev: 3/2/2020 3) In a description based on a Public land Survey System subdivision: a. Special segregations such as donation land claims, homestead entry surveys, townsites, tracts, and Indian or military reservations; b. Government lot number(s); c. Aliquot part designation; d. Section, township, and range with respect to the Willamette Meridian; e. Property location by city, county, and state. 4) Other elements of consideration for any land description: a. Avoid ambiguities when exceptions to a parcel are stated; b. Indicate width of strip description and its relationship to described centerline or survey line; c. Delineate the dividing line when designating a fractional portion of a parcel; d. When designating one-half or other fractional portion of an aliquot part by government subdivision procedures, follow with "according to U.S. Government subdivision procedures." Sources: 1) HRWA International Right of-Way Association. International Right-of-Way Association 2001. - "Principles of Right-of-Way," Torrance, CA. International Right of Way Association, 2001. 2) Washington State Office of the Code Revision. "WAC 332 130-040.9," August 9, 2000, August 11, 2003. 3) Wattles, Gordon H. "Writing Legal Descriptions In Conjunction With Survey Boundary Control." Orange, CA G2H Wattles Publications c1979 Section VII: Map Exhibit Guidelines  Map exhibits submitted as part of a release of easement petition must be able to be reproduce a legible copy - including stamps (raised stamps must be smudged prior to recording).  Map exhibits must measure 8 ½" x 11".  Font sizes must be at least 8-point. (This is 8-point type.)  Map is recorded in black and white. For color map exhibits, please pay particular attention to the color of highlighting as some colors copy dark which obscures text.  Map exhibits must have a 1" margin on all sides.  In the margins, incidental writing and stamps are allowed.