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051-09 - Washing State Department of Transp. - ContractWashington State Department of Transportation June 8, 2009 Mr. Mark Dorsey City Engineer City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 JUN 0 �D Q yoF 9 2009 pUeC O wDj�c ARb RE: SR 166 Airspace Leases within Incorporated City Limits Dear Mr. Dorsey: The Washington State Department of Transportation (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 of 2 By signing this letter and returning the original to WSDOT, you grant the City of Port Orchard's approval and authorization to enter into and manage leases on SR 166 right-of- way within city limits. Sincerely, w 14( u"tl Lori A. Schandel Property & Acquisition Specialist Olympic Region Real Estate Services P.O Box 47338 Olympia, WA 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 of RCW 47.24.020 shall reside with the City of Port Orchard. Agreed to an ATTES d