Resolution 10210006.900000
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3/15/02
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RESOLUTION NO. 1021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, AUTHORIZING NEGOTIATION
OF A TRANSFER OF CERTAIN PROPERTY USED FOR
RIGHT-OF-WAY AND ACCESS CONTROL AND
APPROVING A REVOCABLE LICENSE TO MAINTAIN AN
EQUIPMENT SERVICE CABINET.
WHEREAS, pursuant to an agreement dated March 2, 1970 and amended March
3, 1971 the City of Edmonds and the Washington State Department of Transportation (WSDOT)
entered into an agreement for the transfer of certain property and street right-of-way of Pine
Street from the WSDOT to Edmonds, and,
WHEREAS, pursuant to said agreement, the City of Edmonds assumed the
obligation to maintain limited access to Pine Street and thereby the entrances to SR 104 in
accordance with the plans and specifications attached thereto, and
WHEREAS, pursuant to such transfer, WSDOT failed to reserve an easement for
an equipment service cabinet used to maintain illumination, signalization, and related equipment
on and along SR 104, and
WHEREAS, Edmonds may have inadvertently approved construction of a
prohibited driveway entrance and has been unable to successfully negotiate closure of said
entrance, and
WHEREAS, in resolution of these issues, a process has been proposed to
retransfer the property interest granted to the City in 1970 thereby providing to the State the
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necessary ownership interest to maintain, construct and reconstruct its equipment service cabinet,
and
WHEREAS, until such process can be concluded, the City has been requested to
grant a license for a period of six months for WSDOT to maintain the equipment box and is
willing to make such grant a consideration of the WSDOT's assumption of the responsibility to
maintain and control limited access during the six-month license period, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor and staff are requested and directed to initiate a negotiated
process with the Washington State Department of Transportation to transfer ownership of
property originally transferred to the City from WSDOT in 1970 and 1971. The City Council
reserves to itself the final decision regarding the retransfer.
Section 2. In consideration of the written assumption of WSDOT of the
responsibility to maintain and control limited access in accordance with the agreement of March
2, 1970 as amended March 3, 1971, a revocable license to maintain an equipment service cabinet
within said right-of-way as described in said property transfer is hereby authorized for a period
of six months.
RESOLVED this 9th day of April, 2002.
APPROVED:
M OR, Y HAAKENSON
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
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FILED WITH THE CITY CLERK: 04/05/2002
PASSED BY THE CITY COUNCIL: 04/09/2002
RESOLUTION NO. 1021
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MEMORANDUM
Date: July 11, 2002
To: Mayor Haakenson and City Council
Cc: Duane Bowman, Development Services Director
Scott Snyder, City Attorney
From:. Dave Gebert, City Engineer
Subject: Pine Street Right of Way
Attachment: WSDOT letter dated July 3, 2002
Attached for your information is a letter from WSDOT acknowledging their agreement to enforce
and maintain the limited access along Pine Street near SR104 during the period while the City
and WSDOT are negotiating the transfer of the Pine Street right of way in this area back to
WSDOT.
Please note that the Council Resolution referred to does not actually authorize the transfer of Pine
Street right of way back to WSDOT. It directs the Mayor and staff to initiate a negotiated
process with WSDOT to transfer ownership of the right of way and specifically reserves to the
Council the final decision regarding the actual transfer.
Scott Snyder and I are in the process of negotiating a transfer of the right of way back to WSDOT
for Council approval.
City of Edmonds
Development Services Department
Engineering Division
Q
Washington State
Department of Transportation
Sid Morrison
Secretary of Transportation
July 3, 2002
Sandra Chase
City Clerk of the City of Edmonds
121 5th Avenue North
Edmonds, WA 98020
Subject: Pine Street Right of Way Turn Back
City of Edmonds, Washington
Dear Ms. Chase:
Northwest Region
15700 Dayton Avenue North
P.O. Box 330310
Seattle, WA 98133-9710
(206)440-4000
RECEWE®
I I I I 2002
EDMONDS CITY CLERK
We have received a copy of the City Council Resolution No. 1021 authorizing the
transfer of Pine Street Right of Way back to the Washington State Department of
Transportation (WSDOT) from your City Attorney Scott Snyder.
Per his request, we are confirming that when the Right of Way along Pine Street, in the
City of Edmonds, has been turned back to WSDOT, we will assume the responsibility
for the enforcement and maintenance of the limited access along Pine Street. The
Department's responsibility will be in accordance with and limited to the area of the
limited access as shown on the Right of Way Plans attached to the Quit Claim Deed
transferring this Right of Way to WSDOT.
In addition to the above, we also agree to enforce and maintain the limited access
along Pine Street during the interim period, as included in the Council resolution, while
the turn back process is accomplished. Along with the enforcement and maintenance
of the limited access along Pine Street during the interim period, we understand that
the City has granted WSDOT a license to operate and maintain the signal box in it's
current location.
If you have any questions concerning this matter, please feel free to contact me at
(206) 440-4674.
ly,
.�
0-
'Richard M. Mitchell, PE
Engineering Manager, Snohomish
cc: Dave Gebert, Edmonds City Engineer
W. Scott Snyder, Ogden Murphy Wallace, P.L.L.C.
Jeff Lundstrom MS-144
Michael Gallagher MS-118
Project File
DEN
RECEIVEDU
IRRHY
MAY 21 2002
ALIACE
ENGINEERING DIVISION
P.L.L.C.
ATTORNEYS AT LAW
W. Scott Snyder
ssnyder@omwlaw.com
May 20, 2002
Dom
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Richard M. Mitchell, P.E.
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Engineering Manager/Snohomish
(qq4-)
Washington State Department of Transportation
Northwest Region.
P. O. Box 330310
r
Seattle WA 98133-9710
Re: Pine Street Right -of -Way -
Edmonds, Washington
Dear Mr. Mitchell:
Attached is a certified copy of the resolution passed by the City Council of the City of Edmonds.
As you can see, it provides a license to the State and WSDOT to maintain the signal box adjacent
to Pine Street. You will note that the Council's approval is contingent and is based upon the
written assurance of WSDOT and the State that the City will be relieved of its obligation to
maintain limited access on Pine Street in accordance with past agreements between the State and
City. To clarify, it is not the City's request that this condition be removed, but rather that
WSDOT clearly assume it during the license period.
To that end, please provide a written assumption of that obligation. The letter should contain
assurances along the following lines:
During the period for which the State has been granted a license to maintain its signal box at its
current location in the right-of-way of Pine Street within the City of Edmonds, Washington, the
State of Washington and the Washington State Department of Transportation promise to assume
the obligation to maintain limited access along Pine Street, thereby relieving the City of
Edmonds of the obligation created pursuant to an agreement dated March 7, 1970 and amended
March 3, 1971. The assumption of the City's obligation shall continue for as long as license to
maintain the signal box is provided by the City.
Established 1902
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(WSSS 17s27. DOC;1 /00006.900000/)
Washington State Department of Transportation
May 20, 2002
Page 2
Please direct this document to Sandra Chase, City Clerk of the City of Edmonds, 121 — 51h Ave.
North, Edmonds, WA 98020, so that it may be forwarded to the City Council. Copies should be
forwarded to Dave Gebert, City Engineer and to myself. As part of our follow up, we would
look forward to meeting with representatives of WSDOT to discuss various options regarding
permanent transfer of all or a portion of the right-of-way to the State and particularly the impact,
if any, of such a transfer upon the City's right to participate .in and approve modifications at the
intersection of Pine Street and SR 104.
Very truly yours,
OGDEN MURPHY WALLACE, P.L.L.C.
W. Scott Snyder
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Enclosure
cc: David Gebert
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