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Approving transfer of part of Airport Road and Eckerson Road right of way within SR5 Mellen St. to Blakeslee Junction project by Quit Claim Deed to WSDOT BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: } Approving the transfer of a portions of Airport Road } And Eckerson Road right of ways within the SR 5, } Mellen St to Blakeslee Junction project by Quit Claim } Deed to the State of Washington, Department of } Transportation and authorizing signatures thereon } RESOLUTION NO. 15" 61 WHEREAS, Lewis County holds right of way for Airport Road and Eckerson Road as shown colored in red on the attached plan sheets 5 and 13 hereto and made a part hereof; and located within the proposed right of way for the SR 5, Mellen St to Blakeslee Junction project; and WHEREAS, the SR 5 Mellen St to Blakeslee Junction project requires that the State of Washington, Department of Transportation acquire rights over the County right of way shown in red on the attached plan sheets 5 and 13; 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 right of way to the State of Washington by Quit Claim Deed pursuant to Agreement TB4-0112. NOW, THEREFORE, BE IT RESOLVED that the Quit Claim Deed from Lewis County to the State of Washington for the transfer of a portions of Airport Road and Eckerson Road right of way 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: °,U, .v� LEWI COUNTY, WAS INGTON d LA A_ _ • ��� 4111 •1 am Muir, CMC Cler of 1b ) �I *, Edna J. F•• d, _-arAralir Board County Commissioners • ®°° P. '. Schult-, Vic Chair ' APP'Oy D S TO FORM: �"�• Jo = oar . -yer,,Prosecuting Attorney Gary $tamper,Commissioner Civil De• „„ 0000a...... ,... ..... i 1: ---- ----- b!,%2 .. ...,........0=4,,,,..u.,..,..40011....vp.ocroeu.a.1.4“,c.zoLleas-nuesmm. p. Ailok,, ',*: *t , 1 i , ir j. i 1 1 1 1 , , , gi],r2§2 =12M L-A6Z iliirv, t;12,1014 r ' O I= 'mu 1 rig !-. g ,. ..z 6:-,. 4F 4 r 7 z g„,... 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I,, Kr w ° °, Ra G ,L,„Z qg w p y Ep e • d ' yXW `gs xF , -: e • •a 1 s :',1s.s P „ Iasi :i Vig 1 t 11 ∎ -0 a a g w _ 3 is C•1 0 US W o r Y ', ',Irtl1l�yp 79 = w , I U w tg : '� to c3 o --- iW ,,: �, z 1 (c. yy L — • N c g W g, 0 t 0 u ©' ', ~ 1 1 o N 1 11 I 1 , ,\ ' I t 1 it !1; co WI N R' sw i ac•gZ 3- -4$ 'eg = sR s O - psi x !7 Cab a w ,.- g Aga D1$_ a ! _ t• -. w ' -0 ac's , 11 Eg .2. r°g° g HI �°° �' X08 X;ai g 6 3 1ST , hill g° hiof 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 2, Sec 18, T14N, R2W, and Gov. Lot 1, Sec 6, T14N, R2W, W.M. Additional Legal Description is on Page 4 of Document. Assessor's Tax Parcel Number: Ptn. County Road right of way; Airport Road & Eckerson Road QUITCLAIM DEED State Route 5, Mellen St. To Blakeslee Junction 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 TB4-0112, 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. 400511W RES-306 Page 1 of 4 Pages Parcel No. None 10/2014 QUITCLAIM DEED Dated: MO DA 7 , 204( Lewis County, Washington, a Political Subdivision of the State of Washington By: Edna J. F • •, Ch.i i By: P.W. chulte, Vice Chair 4._dt By: A j Gary $tam er, C f o missioner 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 5 Pages Parcel No. None QUITCLAIM DEED EXHIBIT A All that portion of Airport Road, as it existed April 29, 2010, lying within Government Lot 2, Section 18, Township 14 North, Range 2 West, W.M., Lewis County, Washington conveyed to Lewis County, by deed recorded January 23, 1985, in Book 301, Page 232, records of Lewis County, Washington, and lying Northerly and Easterly of the following described line: Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) L 1765+50 on the L line survey of SR 5, Mellen St. to Blakeslee Junction survey and 60 feet westerly therefrom; thence parallel with said line survey to a point opposite HES L 1766+18.27 thereon; thence Northwesterly along the arc of a curve to the right having a radius 2,072 feet and an arc length of 137.71 feet to a point opposite HES 1767+49.96 on said line survey and 100.18 feet westerly therefrom; thence Westerly to a point opposite HES L 1767+40.18 on said line survey and 149.92 feet westerly therefrom; thence Westerly to a point opposite HES L 1767+25.90 on said line survey and 222.56 feet westerly therefrom; thence Northwesterly to a point opposite HES L 1768+90.97 on said line survey and 266.04 feet westerly therefrom; thence Northwesterly to a point opposite HES L 1771+86.10 on said line survey and 329.05 feet westerly therefrom;thence Northwesterly to a point opposite HES L 1774+11.55 on said line survey and 344.15 feet westerly therefrom; thence Northwesterly to a point opposite HES L 1776+55.36 on said line survey and 344.97 feet westerly therefrom and the end of this line description. AND All that portion of Eckerson Road as it existed April 29, 2010, lying within Government Lot 1, Section 6, Township 14 North, Range 2 West, W.M., Lewis County, Washington and lying Northerly of the following described line: Beginning at a point opposite Highway Engineer's Station(hereinafter referred to as HES) L 1869+82.87 on the L line survey of the SR 5, Mellen St. to Blakeslee Junction and 194.91 feet easterly therefrom; thence Northwesterly to a point opposite HES L 1870+02.60 and 150 feet easterly therefrom and the end of this line description. Also the grantors herein convey and grant to the state of Washington all rights of ingress, egress (including all existing future or potential easements of access, light,view and air)to, from and between SR 5, Mellen St. to Blakeslee Junction and the remainder of said Airport Road. It is expressly intended that these easements, covenants, burdens and restrictions shall run with the land and shall forever bind the grantors,their heirs, successors and assigns. EXCEPT that there are no rights of ingress and egress (including all existing, future or potential easement of access, light, view and air) being conveyed Westerly of Highway Engineer's Station L 1767+49.96 on the L line survey of SR 5, Mellen St. to Blakeslee Junction and 100.18 feet westerly therefrom. RES-306 Page 4 of 5 Pages Parcel No.None QUITCLAIM DEED The specific details, concerning all of which are to be found on sheet 5 and 13 of that certain plan entitled SR 5, Mellen St. to Blakeslee Junction, now of record and on file in the office of the Secretary of Transportation at Olympia, and bearing date of approval April 29, 2010, Sheet 5 revised November 4, 2013 and Sheet 13 revised May 26, 2011. Grantor's Initials RES-306 Page 5 of 5 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 portions of Airport Road and Eckerson Road right of way within in the SRS, Mellon St to Blakeslee Junction project by Quit Claim Deed to the State of Washington Department of Transportation and authorizing signatures thereon. Description Lewis County holds right of way for Airport Road and Eckerson Road as shown colored in red and described on the attached Exhibit A and are located within the proposed right of way for the SR 5, Mellen St. to Blakeslee Junction project. The State of Washington Department of Transportation's SR 5, Mellen St. to Blakeslee Junction project, requires that the State acquire the County's rights over the portions of Airport Road and Eckerson Road right of way as described in the Quit Claim Deed. The attached resolution approves the transfer of portions of Airport Road and Eckerson Road right of way 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 #: 15- Or-1-1 BOCC Meeting Date: Mar 02, 2015 Suggested Wording for Agenda Item: Agenda Type: Consent Approving the transfer of a portions of Airport Road and Eckerson Road right of way within in the SR5, Mellon St to Blakeslee Junction project by Quit Claim Deed to the State of Washington Department of Transportation and authorizing signatures thereon. Brief Reason for BOCC Action: This resolution approves the transfer of a portions of Airport Road and Eckerson Road right of way 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 FEB 19 2015 Action Needed: Approve Resolution LEWIS CO. PROS. ATTY. Publication Requirements: Hearing Date: Publications: Publication Dates: Approvals: User Group Status Elsea, Tim ' Pending 0%/ '"rosecutor Pending BOCC 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