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HomeMy WebLinkAboutPW10-068 - Original - WA State Dept. of Transportation (DOT) - Turnback Agreement for State Route 18 (TB 1-0217) - 01/19/2010 Washington State Department of Transportation TURNBACK AGREEMENT Organization and Address: City of Kent 220 Fourth Avenue So. Kent, WA 98032 Agreement Number TB 1-0217 Section/Location: SR 18SE 2961h St. Vic. to SR 516 Interchange Right of Plan sheet 4 of 7, Vic. T.22N R.5E. State Route Control Section Region W.M. SE '/ NW '/ Sec. 35, Approx. M.P. 10.61 18 1724 NWR This Agreement is between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Kent, hereinafter the "LOCAL AGENCY," collectively hereinafter the"PARTIES." WHEREAS, the STATE has constructed or improved a section of the state route as identified above, hereinafter referred to as the "PROJECT," and WHEREAS, the STATE acquired right-of-way needed to construct, reconstruct, or rearrange the state route and/or certain streets or roads, frontage roads, access roads, intersections, ramps, crossings, and/or other roadway features, hereinafter referred to as "Roadway Facilities," and WHEREAS, the PROJECT has been completed and certain right-of-way and Roadway Facilities, as shown on Exhibit A, attached hereto and made a part hereof, will require operation, maintenance, and ownership transfer from the STATE to the LOCAL AGENCY, and WHEREAS, the STATE and LOCAL AGENCY enter into this Agreement to identify the process of Roadway Facilities and nght-of-way operation, maintenance, and ownership transfer, NOW, THEREFORE, pursuant to RCW 47 52 210, and in consideration of the terns, conditions, covenants, and performances contained herein, or attached hereto and by this reference made a part of this Agreement, IT IS MUTUALLY AGREED AS FOLLOWS: Page 1 of 3 1. COMPLETION, ACCEPTANCE, AND TRANSFER OF OPERATION AND MAINTENANCE 1.1 The PROJECT is complete and has been reviewed by the PARTIES The STATE will in writing transfer to the LOCAL AGENCY and the LOCAL AGENCY agrees to accept the responsibility for the operation and maintenance of the Roadway Facilities and right-of-way until such time as the full ownership of the nght-of-way and Roadway Facilities are conveyed by deed to the LOCAL AGENCY pursuant to Section 2. 1.2 The LOCAL AGENCY agrees to accept ownership of the right-of-way and Roadway Facilities as shaded, where applicable, on Exhibit A, as follows: Blue (light) Indicates Roadway Facilities and right-of-way to be conveyed in fee to the LOCAL AGENCY 2. RECORDED CONVEYANCE 2.1 Within one year following the STATE's written transfer to the LOCAL AGENCY of Y g the responsibility for maintenance and operations as provided in Section 1, the STATE will furnish the LOCAL AGENCY a recordable conveyance of right-of-way, including the Roadway Facilities constructed thereon, as shown on the plans marked Exhibit A. The conveyance will be recorded pursuant to RCW 65.08 095. 2.2 It is understood and agreed that the above-referenced property is transferred for road/street purposes only, and no other use shall be made of said property without the prior written approval of the STATE. It is also understood and agreed that the LOCAL AGENCY, its successors or assigns, shall not revise either the right-of-way lines or the access control without prior written approval from the STATE, its successors, or assigns. Revenues resulting from any vacation, sale, or rental of this property or any portion thereof, shall (1) if the property is disposed of to a governmental entity for public use, be placed in the LOCAL AGENCY road/street fund and used exclusively for road/street purposes; or(2) if the property is disposed of other than as provided in (1) above, be shared by the LOCAL AGENCY and STATE, their successors or assigns, in the same proportion as acquisition costs were shared; except that the LOCAL AGENCY may deduct the documented direct costs of any such vacation, sale, or rental. 2.3 The LOCAL AGENCY agrees to comply with, and require its successors or assigns to comply with, all civil rights and anti-discrimination requirements of chapter 49.60 RCW, as to the nght-of-way and Roadway Facilities to be conveyed 2.4 The LOCAL AGENCY understands and agrees that the STATE is retaining ownership of all rights of ingress and egress, to, from and between the above referenced state highway route and/or Roadway Facilities and the properties abutting said state highway route and/or Roadway Facilities, including all rights of access, light, view and air, and access control as Page 2 of 3 shown by the access prohibition symbol along the above referenced state route and/or Roadway Facilities right-of-way and along abutting properties on the right-of-way access plans marked as Exhibit A. The LOCAL AGENCY, its successors or assigns, shall have no right of ingress or egress between the above referenced state route and abutting properties, or the state route and the lands herein conveyed that show the access prohibition symbol. The LOCAL AGENCY, its successors or assigns, shall not be entitled to compensation for any loss of access, light, view, or air occasioned by the location, construction, reconstruction, maintenance, or operation of the above referenced state route and/or Roadway Facilities. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on the day and year first above written. LOCAL AGENCY STATE OF ASHINGTON DEPAR E T OF TRA SPORT ON r By: By: Print name Z2Le- 4/- io Print name: TU 5 $7 ell ' ` %�s Q Date: J?` 2010 Date APPROVED F RM By- J� / By: Ann E. Salay, Asst. Attorn eneral Date: Date: 8-19-09 Page 3 of 3 IN im '42? �_ •a ////�J,m¢5, s.V �_ 3 ebb �/ 0 �� 4�y y n. 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