Approve quitclaim deed with WSDOT conveying title to a portion of Airport Road and authorizing signature thereon. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-224
APPROVING QUITCLAIM DEED BY AND BETWEEN
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION AND LEWIS COUNTY
CONVEYING TITLE TO A PORTION OF AIRPORT
ROAD AND AUTHORIZING SIGNATURE THEREON
WHEREAS, the Washington State Department of Transportation (WSDOT), in an
agreement with Lewis County, to turn back a portion of Airport Road within the
completed SR 5, Mellen St. to Blakeslee Junction; and
WHEREAS, WSDOT is now fulfilling an agreement to convey title to said portion
of road to Lewis County by Quitclaim Deed; and
WHEREAS, the Board of County Commissioners has reviewed said Quitclaim
Deed from WSDOT to Lewis County; and
WHEREAS, it appears to be in the best public interest to approve the execution of
said Quitclaim Deed.
NOW THEREFORE BE IT RESOLVED that the aforesaid Quitclaim Deed is hereby
approved and the Chairman of the Board of County Commissioners is authorized
to sign the same.
DONE IN OPEN SESSION this 8th day of June, 2021.
Page 1 of 2 Res. 21-224
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
•' °�NTY k'•' LindseyR. Pollock, DVM
ATTEST: � p,�1)of'•/4
Rieva Lester, Clerk of the Board,.a Lkiiisey R. Pollock, DVM, Vice Chair
,z:
S 5
184 a�
Tamara Martin '�sy o '; Sean D. Swope
By: Tamara Martin ""' Sean D. Swope, Commissioner
Page 2 of 2 Res. 21-224
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Washington State
WI Department of Transportation
Organization and Address
Turnback Agreement Lewis County Public Works
2025 NE Kresky Avenue
Chehalis,WA 98532
Agreement Number Section/Location
I-5/Mellen Street to Blakeslee Junction
TB4-0112
State Route Control Section Region MP 80.88 to 81.41
5 Various Southwest Station 1751+50 to 1779+00
THIS AGREEMENT is between the STATE OF WASHINGTON,Department of Transportation,hereinafter the"STATE,"
and Lewis County Public Works ,hereinafter the"LOCAL AGENCY,"collectively hereinafter the
"PARTIES."
WHEREAS,the STATE is planning the construction or improvement of a section of the state route as identified above,
hereinafter referred to as the"PROJECT,"and
WHEREAS,the STATE has acquired and/or is in the process of acquiring 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 for
other roadway features,hereinafter referred to as"Roadway Facilities,"and
WHEREAS,upon completion of the PROJECT,certain right of way and Roadway Facilities,as shown on Exhibit A,
attached hereto and made a part hereof,will require maintenance,operation,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
right of way maintenance,operation,and ownership transfer,
NOW,THEREFORE,pursuant to
❑(City or Town) RCW 36.75.090 and/or RCW 47.52.210,
® (County) RCW 36.75.090 and WAC 468-18-040,"Design standards for rearranged county roads, frontage
roads, access roads, intersections,ramps and crossings,"
IT IS MUTUALLY AGREED AS FOLLOWS:
1. COMPLETION, ACCEPTANCE, AND
TRANSFER OF OPERATION AND MAINTENANCE
1.1 Once the PROJECT is completed and 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 maintenance and operation of the Roadway
Facilities and right of way until such time as the full ownership of the right of way and Roadway Facilities are conveyed by
deed 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:
Red Indicates access control and access rights to be retained by the STATE
Blue(light) Indicates Roadway Facilities and right of way to be conveyed in fee to the LOCAL AGENCY
Yellow Indicates easements to be conveyed to the LOCAL AGENCY
DOT Form 224-240 EF
Revised 0ei2012 Page 1 of 2 Agreement TB4-0112
2. RECORDED CONVEYANCE
2.1 Within one year following the STATE's written transfer to the LOCAL AGENCY of the responsibility for
maintenance and operations as provided in Section 1,the STATE will furnish the LOCAL AGENCY with 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.The PARTIES agree that sections 2.2,2.3,2.4(if checked),
and 2.5 herein shall be included in the conveyance document.
2.2 The LOCAL AGENCY understands and agrees that the above-referenced property is transferred for road and street
purposes only.The LOCAL AGENCY shall not vacate,sell,rent or use the property(or any portion thereof)for
nontransportation uses without first obtaining the STATE's prior written approval.The LOCAL AGENCY agrees on behalf
of itself and its successors or assigns,not to revise either the right of way lines or the access control without first obtaining
the STATE's prior written approval. Should the STATE authorize the vacation,sale,rental or use of the property(or any
portion thereof)for nontransportation uses,the LOCAL AGENCY agrees at its cost to determine by appraisal the fair market
value/economic rent of the property(or any portion thereof),and the LOCAL AGENCY and state of Washington agree to
proportionally share in the value of the property in the same proportion as the purchase costs were shared.
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 right of way and Roadway Facilities to be conveyed.
2.4 E Limited Access Highway-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 shown by the access prohibition symbol and as shaded in pursuant to Section 1.2,above,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 and as shaded pursuant to Section 1.2,above. 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.
2.5 The LOCAL AGENCY,on behalf of itself and its heirs,successors or assigns,waives and/or releases the STATE
from any past,present,or future claims for damages directly or indirectly caused by highway drainage or runoff,and further
the LOCAL AGENCY,its heirs,successors or assigns,shall have no right of compensation for damages to the property
herein conveyed caused directly or indirectly by highway drainage or runoff.
IN WITNESS WHEREOF,the PARTIES hereto have executed this Agreement on the date last written below.
LOCAL AGENCY STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
By By 4V.ail
Print Name �� � Print Name
Title GiOe*./'3y�.�/�••✓e Z Title kCd Pr yraias �. ' iOe er-
Date _ __._ 0//f/ Date — 3—/
DOT Form 224.240 EF Page 2 of 2 Agreement TB4-0112
Revised 08/2012
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AFTER RECORDING RETURN TO:
ATTN: REAL ESTATE SERVICES
DEPARTMENT OF TRANSPORTATION
P. O.BOX 47338
OLYMPIA, WA 98504-7338
Document Title: Quitclaim Deed
Grantor: State of Washington, acting by and through its Department of Transportation
Grantee: Lewis County,a political subdivision of the state of Washington
Legal Description: Govt Lot 2,Section 18,Township 14 North,Range 2 West,W.M.
Additional Legal Description is on Page 1
Assessor's Tax Parcel Number: None Assigned-Public Road,adjacent to 021571001000
QUITCLAIM DEED
IN THE MATTER OF SR 5,Mellen St. to Blakeslee Junction
The STATE OF WASHINGTON,acting by and through its Department of Transportation,
Grantor, for and in accordance with that agreement of the parties entitled Turnback Agreement,
No. TB 4-0112, dated February 3, 2014, hereby conveys and quitclaims unto LEWIS COUNTY,
a political subdivision of the State of Washington, Grantee, all right, title, and interest under the
jurisdiction of the Department of Transportation, in and to the following described real property
situated in Lewis County, State of Washington:
All that part of the area designated for Relinquishment to County as shown on
Exhibit A to said Turnback Agreement No.TB4-0112,dated February 3,2014,now
on file in the office of the Secretary of Transportation at Olympia, located within
the limits of SR 5,Mellen St.to Blakeslee Junction,right of way plan,the specific
details concerning all of which are delineated on sheets 4 and 5 of 19 sheets,
approved April 29, 2010, sheet 4 revised March 14, 2013 and sheet 5 revised July
7,2011,lying within:
Page 1 of 4 Pages TB 4-0112/ICN 4-21-15023
Government Lot 2, of Section 18, Township 14 North, Range 2 West, W.M., in
Lewis County,Washington.
It is understood and agreed that the above referenced property is transferred for road and
street purposes only. The Grantee shall not vacate, sell, rent or use the property (or any portion
thereof) for non-transportation uses without first obtaining the Grantor's prior written approval.
The Grantee, agrees on behalf of itself and its successors or assigns, not to revise either the right
of way lines or the access control without first obtaining the Grantor's prior written approval.
Should the Grantor authorize the vacation, sale, rental or use of the property (or any portion
thereof) for non-transportation uses, the Grantee, agrees at its cost to determine by appraisal the
fair market value/economic rent of the property (or any portion thereof), and the Grantee and
Grantor agree to proportionally share in the value of the property in the same proportion as the
purchase costs were shared.
The Grantee understands and agrees that the Grantor is retaining ownership of all rights of
ingress and egress,to, from and between state highway SR 5 route and/or Roadway Facilities and
the property abutting said state highway route and/or Roadway Facilities, including all rights of
access, light, view and air, and access control as shown by the prohibition symbol on the right of
way and limited access plan and as shaded on Exhibit A to Turnback Agreement No. TB 4-0112
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 Grantee, 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 and as shaded on said Exhibit A. The Grantee, 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 said SR 5 and/or Roadway Facilities.
The Grantee, on behalf of itself and its successors, or assigns, waives and/or releases the
Grantor from any past, present, or future claims for damages directly or indirectly caused by
highway drainage or runoff, and further the Grantee, its successors or assigns, shall have no right
of compensation for damages to the property herein conveyed caused directly or indirectly by
highway drainage or runoff.
The Grantee accepts said deed subject to all matters of record.
Page 2 of 4 Pages TB 4-0112/ICN 4-21-15023
The Grantee 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 right of way
and Roadway Facilities herein conveyed.
The lands herein described are not required for State highway purposes and are conveyed
pursuant to the provisions of RCW 36.75.090.
Dated at Olympia, Washington,this day of ,2021
STATE OF WASHINGTON
Roger Millar, PE, FASCE, FAICP
Secretary of Transportation
APPROVED AS TO FORM:
By: 7eae.-f..
Assistant Attorney General
REVIEWED AS TO FO .
LEWIS COUNTY- NTEE
Name:ifi✓•:r 4,, M i)o►4e!/
Title: Pcyu fy ®iasew/1,.+y At/w ee/
Page 3 of 4 Pages TB 4-0112/ICN 4-21-15023
STATE OF WASHINGTON )
): ss
County of Thurston )
On this day of , 2021 before me personally appeared
Roger Millar, known to me as the Secretary of Transportation, Washington State Department of
Transportation, and executed the foregoing instrument, acknowledging said instrument to be the
free and voluntary act and deed of the State of Washington, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
Given under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington,residing at
My Commission Expires
Page 4 of 4 Pages TB 4-0112/ICN 4-21-15023
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: June 8, 2021
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving Quitclaim Deed by and between Washington State Department of Transportation and
Lewis County conveying title to a portion of Airport Road and authorizing signature thereon
Contact: Martin Roy Phone: 1183
Department: PW - Public Works
Description:
The attached resolution would approve the title transfer for that portion of Airport Road right of
way from WA State Department of Transportation to Lewis County by Quitclaim Deed.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Pending
Additional Copies: Cover Letter To:
Tim Fife, Martin Roy, Kime Amrine, Matt Greg Snelson
Hinderlie Snelsog@wsdot.wa.gov