HomeMy WebLinkAboutPW12-306 - Original - Washington State Highway Commission - South 285th to S 228th Release and Transfer of Supervision - 8/17/72 ECEtVED
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AGRECMEN T FOR RELEASE AND TRANSFER OF SUPERVISION
APR 1 4 1M -. -1237-------
THIS AGREEMEControl Section
NT, made and entered into this day of , 19 ,
by and betvreen the Washington State Highway Commission, Departmcnt o Highways, acting
by and through its Director of Highways, hereinafter called "Department of Highways", and
the City of Kent, hereinafter called the "City."
WITNESSETH:
WHEREAS, the Department of Highways has jurisdiction and control of certain State
owned property not presently required for highway purposes, said property being situated
in the City of Kent, State of Washington, and more particularly as described in the
attached approved right-of-way plans sheets 7 and 10 entitled, "Kent: South 285th Street
to South 228th Street," and right-of-way plans sheet 2 entitled, "Kent: South 4th Avenue
to Titus Street," marked Exhibit "B", and by this reference made a part of this agreement;
and,
WHEREAS, the City desires to assume supervision of said property for the purpose
of landscaping which would contribute a park like entrance to the newly completed City
Center.
WHEREAS, it is agreed between the parties hereto that Release and Transfer of
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Supervision of said property from the Department of Highways to the City of Kent is in
the public interest;
NOW, THEREFORE, it is mutually agreed that the Department of Highways does hereby
Release and Transfer Supervision, and the City of Kent does hereby accept and assume
supervision of said property as shown in red on the attached plans called Exhibit "B",
subject, however, to the following terms and conditions:
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This release and transfer is limited to the rights of supervision as herein set
forth, and the Department of Highways shall retain ownership of the property.
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II
The property shall forever be utilized as a public landscaped beautification
area or supervision and control of the property shall revert back to the State.
III
The City shall improve and landscape the property to a plan mutually agreed to
by the Highway Department.
IV
The City shall utilize its forces to remove the existing chain link fence as
represented in green on the attached plans. The fence shall become the property
of the City upon completion of said removal.
V
The City- shall, upon execution of this agreement, accept full maintenance
responsibilities for the property indicated in red on the attached plan marked,
Exhibit "B". The City shall maintain from the edge of shoulder out to the limits w
of State owned right-of-way. Should the City fail to comply with or perform the
maintenance, the State shall notify the City in writing giving them a specified
period of time to take corrective measures. If appropriate action is not taken
within the specified time period, this agreement shall be null and void and all
rights of the City in the property described in Exhibit "B" shall immediately
terminate.
VI
In the event all or any portion of the said property described in Exhibit "B" is
at any time required for highway department purposes, the City, upon receipt of
180 day written notice from the Director of Highways, shall immediately surrender
said property or portion thereof to the state. o
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The agreement supercedes Agreement No. GC-3113 which was executed April 19, 1972.
Upon execution of this proposed agreement, Agreement No. GC-3113 shall become null and
void.
Vill
Whereas, the State has purchased the Limited Access Rights during right-of-way
acquisition of abutting property owners of this section of SR 516, the City agrees
to maintain the integrity of said Limited Access Rights of the State.
IX
The City does hereby release and agree to save and hold the State harmless from
any and all causes of actions, suits at law or equity, or claim or demands, or from any
liability of any nature growing out of the performance of this agreement on the part of
the City.
No liability shall attach to the State by reason of entering into this agreement
except as expressly provided herein.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
CITY OF KENT
STATE Of WASHINGTON
Approved as to form; WASHINGTON STATE HIGHWAY COMMISSION
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/ Assistant Director for Planning, Research
� r /1 and State Aid
Assistant Attorney General
Simmons, Mary
From: Yoshitake, Nancy
Sent: Friday, January 04, 2013 12 42 PM
To: Simmons, Mary
Subject: FW Agreement
Attachments: 20120207100009047.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Here's another one - Chad said we should keep it.
-----Original Message-----
From: Gonzalez, Marta
Sent: Tuesday, February 07, 2012 10:06 AM
To: Yoshitake, Nancy
Subject: FW: Agreement
Hi Nancy,
I found this agreement. Not sure if we need to keep it?
Thank you,
Marta
-----Original Message-----
From: Admin-City-Clerk(dkentwa.gov [mailto:Admin-City-Clerk(@kentwa.gov]
Sent: Tuesday, February 07, 2012 10:00 AM
To: Gonzalez, Marta
Sub]ect:
This E-mail was sent from "Admin-City-Clerk" (Aficio MP 4000) .
Scan Date: 02.07.2012 10:00:08 (-0800)
Queries to: Admin-City-Clerk(@kentwa.gov
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