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086-09 - Resolution - Contract with WSDOT Regarding Managment of LeasesIntroduced by: Requested by: Drafted by: Introclucecl: Adopted: RESOLUTION NO. o86-o9 Public Works Director Public Works Director Public Works Director August 25, 2009 August 25, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING MANAGEMENT OF LEASES WITHIN SR 166 RIGHT-OF-WAY WHEREAS, RCW 47.24.020(15) provides that street rights of way may be acquired by either the city or the state, that regardless of how it is acquired title to street rights of way vests in the city, and that any revenue derived from the use of said rights of way shall be shared between the city and the state in the same proportion as the purchase costs were shared; and WHEREAS, the right of way associated with the portion of SR 166 that is located within Port Orchard city limits was acquired by the state of Washington; and WHEREAS, the Washington State Department of Transportation (WSDOT) desires to catalogue, execute, and manage leases for encroachments and use within the SR 166 right of way; and WHEREAS, WSDOT is asking the City to grant WSDOT authorization to enter into new leases (which will clear the encroachments in accordance with state and federal laws) and to maintain those leases; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor is authorized to execute the letter agreement with the Washington State Department of Transportation for the management of leases within the SR 166 right of way, a copy of which is attached as Exhibit A. PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 25th day of August 2009 · ~ La ATTEST: June 8, 2009 Mr. Mark Dorsey City Engineer Washington State Department of Transportation City of Port Orchard 216 Prospect Street Port Orchard, W A 98366 RE: SR 166 Airspace Leases within Incorporated City Limits Dear Mr. Dorsey: The Washington State Department ofTransportation (WSDOT) is seeking authorization from the City of Port Orchard to enter into and manage leases for encroachments and use within SR 166 highway right-of-way situated in the city's boundaries. RCW 47.24.020 (15) states "Rights-of-way for such streets shall be acquired by either the city or town or by the state as shall be mutually agreed upon. Costs of acquiring rights-of- way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon . Title to all such rights-of-way so acquired shall vest in the city or town: PROVIDED, That no vacation, sale, rental, or any other nontransportation use of any unused portion of any such street may be made by the city or town without the prior written approval of the department; and all revenue derived from sale, vacation, rental, or any nontransportation use of such rights-of-way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared;". Although the right-of-way is located within the city limits, it doesn't appear from our records that the city participated in the acquisition costs for this section of the SR 166 project, and hence, would not be eligible to receive any of the rent. WSDOT is asking the City to grant authorization to WSDOT to enter into new leases (which will clear the encroachments in accordance to state and federal laws) and maintain those leases. Please feel free to contact me if you should have any question. My telephone number is 360-709-8232 and my email is schandl@wsdot.wa.gov. Mark Dorsey City of Port Orchard Page 2 of2 By signing this letter and returning the original to WSDOT, you grant the City ofP011 Orchard's approval and authori zation to enter into and manage leases on SR 166 right-of- way within city limits. Sincerely, Lori A. Schandel Property & Acquisition Specialist Olympic Region Real Estate Services P.O Box 47338 Olympia, W A 98504 The City of Port Orchard hereby authorizes the Washington State Department of Transportation (WSDOT) to enter into and manage leases within SR 166 highway right- of-way, located in the City of Port Orchard incorporated city limits . The remainder of jurisdiction and responsibility ofRCW 47.24.020 shall reside with the City of Port Orchard.