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Approving transfer of part of McCormick Creek Road and Remmen Road right of ways to the WSDOT, by Quit Claim Deed BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: } Approving the transfer of a portion of McCormick Creek} and Remmen Road right of ways to the State of } Washington, Department of Transportation by } Quit Claim Deed and authorizing signature thereon } RESOLUTION NO. WHEREAS, Lewis County holds right of way for McCormick Creek Road and Remmen Road as shown colored in red on the attached plan sheets 3 and 4 hereto and made a part hereof; and located within the proposed right of way for the State of Washington, Department of Transportation SR6, McCormick to PeEll project; and WHEREAS, the project requires that the State of Washington, Department of Transportation acquire rights over the County right of way shown in red on attached the plan sheets 3 and 4; and WHEREAS, after consideration by the Lewis County Board of County Commissioners, it appears that it will be for the best interest of both Lewis County and the State of Washington that Lewis County convey the described property to the State of Washington by Quit Claim Deed pursuant to Agreement TB4- 0115. NOW, THEREFORE, BE IT RESOLVED the Quit Claim Deed from Lewis County to the State of Washington for the transfer of property be executed in accordance with RCW 47.12.040, and delivered to the State of Washington, Department of Transportation. DONE IN OPEN SESSION this 2nd day of March, 2015. BOARD OF COUNTY COMMISSIONERS ATT ST: Do�vti B® "14\�� LEWIS COUNTY, WASHINGTON A,I,r - CE 1 //' Karri Muir, CMC, Clerk of 1645 �I ®® Edna J. F . ., ha / Board County Commissioners. �f Si,�® �� `( •® rrs1stc.._ P.W. •chult , ice Chair APPROVED AS '• DORM: Jon th L. --y-r rosecuting Attorney Gary Stamper, Commissioner Civil Deputy( . i . — : ',,%/.•/", /,//,r7.,,,",.'.1/-; • t?6,e 1 g A IR8 $ii1 r A•"Ks.(l.,V e,tti.o,rlit rt„, '‘1..g i i..„.. 1 w 2 221 1 1 [§ < ! XE2g / / / 1 a Eigi , A 01:3 //,'A,-/ •:// ../ / 8 Ia L'20 Aa //, 4 ,,),,,,,„;Ai-.., :g / Z t ...§ - ,..,,,_ - 114 ./. - /„..,. /1/ g. ,-.. gs5 5 g /*".• / .42 ,...• .! i , _ . '•,:,■'''' /.”12.' -.... 0 1 1 5 --.. .4 In I -..... 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Sae 1 = S= wgeg !,, go After recording return document to: State of Washington Department of Transportation Real Estate Services Office P 0 Box 47338 Olympia WA 98504-7338 Document Title: Quitclaim Deed Reference Number of Related Document: N/A Grantor: Lewis County, Washington, a political subdivision of the State of Washington Grantee: State of Washington, Department of Transportation Legal Description: Ptn. Gov. Lot 9, Sec 5, T12N, R5W, and Gov. Lot 12, Sec 4, T12N, R5W,W.M. Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: Ptn. County Road right of way; Remmen Road & McCormick Creek Road QUITCLAIM DEED State Route 6, McCormick to Pe Ell. The Grantor, Lewis County, Washington, a political subdivision of the State of Washington, in accordance with RCW 47.12.040 and pursuant to County Turnback Agreement TB4-0115, conveys and quitclaims to the State of Washington, acting by and through its Department of Transportation, Grantee, the following described real property, and any after acquired interest therein, situated in Lewis County, in the State of Washington, under the imminent threat of the Grantee's exercise of its rights of Eminent Domain: For legal description and additional conditions See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, by and through its Department of Transportation, by its authorized agent. FA No.None Project No. D00612B & D00612A RES-306 Page 1 of 4 Pages Parcel No. None 10/2014 QUITCLAIM DEED Dated: 1(40,1(t, `- , Lewis County, Washington, a Political Subdivision of the State of Washington By: Edna J. Fun., Chg By: -dir. � �' P. Schulte, Vice Chair By: Gary Skamper, ominissioner Accepted and Approved STATE OF WASHINGTON Department of Transportation By: Mike Palazzo, Southwest Region Real Estate Services Manager, Authorized Agent Date: • RES-306 Page 2 of 4 Pages Parcel No. None QUITCLAIM DEED EXHIBIT A All that portion of Remmen Road as it existed December 27, 2012, lying within Government Lot 9, Section 5, Township 12 North, Range 5 West, W.M., Lewis County, Washington conveyed to Lewis County, by deed recorded June 3, 1958,under Auditor's File No. 587050, records of Lewis County, Washington and by permit dated October 14, 1958, under permit numbered W-14320, recorded under Auditor's File No. 594264, Volume 32,page 385, and lying Northerly of the following described line: Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) 34+99.57 on the SR 6 line survey of the SR 6, McCormick to Pe Ell and 38.67 feet southerly therefrom;thence Southeasterly to a point opposite HES 35+73.60 on said line survey and 40 feet southerly therefrom; thence Southeasterly,parallel with said line survey,to a point opposite HES 36+34.37 thereon; thence Southeasterly, parallel with said line survey to a point opposite HES 37+00 thereon and the terminus of this line description. AND All that portion of McCormick Creek Road as it existed December 27, 2012, lying within Government Lot 12, Section 4, Township 12 North, Range 5 West, W.M., Lewis County, Washington and lying within the following described property: Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) M 15+24.82 on the M line survey of the SR 6, McCormick to Pe Ell and 36.81 feet southwesterly therefrom, said point being on the westerly line of said McCormick Creek Road;thence Northeasterly to a point opposite said HES and 52.50 feet southwesterly therefrom; thence Southeasterly to a point opposite HES M 14+03.16 on said line survey and 65.57 feet southwesterly therefrom; thence Southeasterly to a point opposite HES 50+62.53 on the SR 6 line survey of said highway and 110 feet northwesterly therefrom;thence Southeasterly to a point opposite HES 51+03.74 on said line survey and 75 feet northwesterly therefrom;thence Southwesterly, parallel with said line survey,to a point opposite HES 50+09.92 thereon, said point being on the westerly line of said McCormick Creek Road; thence Northwesterly along the arc of a curve to the right having a radius of 984.95 feet and an arc length of 27.91 feet to a point opposite HES 49+88.87 on said line survey and 93.92 feet northerly therefrom; thence Northwesterly along the arc of a curve to the right having a radius of 984.95 feet and an arc length of 112.91 feet to a point opposite HES 48+57.37 on said line survey and 163.14 feet northerly therefrom;thence Northwesterly along the arc of a curve to the right having a radius of 984.95 feet and an arc length of 54.96 feet to a point opposite HES M 14+78.14 on the M Line survey of said highway and 74.43 feet southwesterly therefrom; thence Northwesterly to the point of beginning. The specific details, concerning all of which are to be found on sheets 3 and 4 of that certain plan entitled SR 6, McCormick to Pe Ell,now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval December 27, 2012, and Sheet 3 revised May 9, 2013 and Sheet 4 revised November 7, 2014. Grantor's Initials Page 4 of 4 Pages Parcel No. None RCW 47.12.040 Acquisition of property from a political subdivision. Whenever it is necessary to secure any lands for primary or secondary state highway right-of-way or other state highway purposes,the title to which is in any county of the state or in any political or municipal subdivision of the state,which land is not at the time being used as a public highway, the county legislative authority or the board of directors or governing body of any such political or municipal subdivision are authorized to directly lease, sell, or convey by gift the land or any interest therein to the state of Washington,without requiring competitive bids or notice to the public, and at such price as the legislative authority, directors, or governing body may deem for the best interests of the county or for the best interests of the political or municipal subdivision of the state.The county legislative authority or the directors or governing body of any political or municipal subdivision are empowered to execute a deed or other proper instrument to the land, passing title to the state of Washington, and the instrument need not require consideration other than the benefit which may be derived by the grantor on account of the use thereof.Whenever any state highway is established by legislative enactment and the state highway is upon the former route of a county road, the county legislative authority shall cause the title to the existing right-of-way or so much thereof as the department requires to be transferred to the state of Washington by proper instrument. [1984 c 7 § 118; 1961 c 13 §47.12.040. Prior: 1943 c 266§ 1; 1937 c 53 § 26; Rem. Supp. 1943 § 6400- 26.] NOTES: Severability--1984 c 7: See note following RCW 47.01.141. Executive Summary BOCC Meeting Date: 2015-03-02 Contact: Tim Elsea Department: Public Works Wording Approving the transfer of a portion of McCormick Creek Road and Remmen Road right of ways to the State of Washington Department of Transportation, by Quit Claim Deed and authorizing signatures thereon. Description Lewis County holds right of way for McCormick Creek Road and Remmen Road as shown colored in red and shown on the attached Exhibit A, located within the proposed right of way for the SR 6, McCormick Creek to Pe Ell project. The State of Washington, Department of Transportation's SR6, McCormick to PeEll project, requires that the State acquire the County's rights over portions of McCormick Creek Road and Remmen Road right of ways as described in the Quit Claim Deed. The attached resolution approves the transfer of a portion of McCormick Creek Road and Remmen Road right of ways as described on the attached Quit Claim Deed from Lewis County to the State of Washington Department of Transportation. Recommendation Approve the attached resolution and signing of the Quit Claim Deed Other BOCC AGENDA ITEM SUMMARY Resolution #: BOCC Meeting Date: Mar 02, 2015 Suggested Wording for Agenda Item: Agenda Type: Consent Approving the transfer of a portion of McCormick Creek Road and Remmen Road right of ways to the State of Washington Department of Transportation,by Quit Claim Deed and authorizing signatures thereon. Brief Reason for BOCC Action: The attached resolution approves the transfer of a portion of McCormick Creek Road and Remmen Road right of ways to the State of Washington's Department of Transportation and authorizes execution of the Quit Claim Deed. Submitted By: Snelson, Greg Phone: 740-2697 RECEIVED Date Submitted: Feb 09, 2015 Contact Person Who Will Attend BOCC Meeting: Tim Elsea I EB 19 2015 Action Needed: Approve Resolution LEWIS CO. PROS. ATTY. Publication Requirements: Hearing Date: Publications: Publication Dates: Approvals: User Group Status Elsea, Tim Public Works Pending .,-'' Additional Copies Tim Elsea-County Engineer/Public Works Director Kim Amrine-Admin Larry Unzelman-Real Estate Services Manager Greg Snelson-Property Managment Division Tech III