Chapter 17.07
DEDICATION OF RIGHT-OF-WAY

Sections:

17.07.010    Dedication of right-of-way.

17.07.020    Applicability.

17.07.030    Extent of right-of-way dedication.

17.07.040    Format of right-of-way dedication.

17.07.050    Timing of right-of-way dedication.

17.07.010 Dedication of right-of-way.

This policy applies to all developments which are required to dedicate or deed right-of-way. The purpose of the policy is to establish guidelines for applicability, extent, format, credit and timing for dedication and deeding of right-of-way. For the purposes of this policy, the term “dedication” shall be used to mean conveyance of land to the city for road purposes by deed or some other instrument of conveyance or by dedication on a duly filed and recorded subdivision, short subdivision, planned unit development (PUD) or binding site plan (BSP). (Ord. 1633 § 1, 1996).

17.07.020 Applicability.

Developers shall be required to dedicate right-of-way to the city for road purposes as a condition of approval of a development, when to do so is found to be reasonably necessary by the public works director or a hearing body, to mitigate an impact which is a direct result of a proposed development, for improvement, use or maintenance of the road system serving the development.

Right-of-way dedication shall be required in the following cases:

A.    To obtain the right-of-way reasonably necessary for the construction of frontage improvements along the frontage of the development’s parcel as identified in Chapter 17.09 BMC, Frontage Improvements. This may include right-of-way necessary to attain sufficient intersection sight distance as identified in the Bothell Standards.

B.    To obtain the right-of-way reasonably necessary for the construction of any other improvements, either along the frontage of the development’s parcel or off-site, as may be required in the development approval process.

C.    To obtain the right-of-way reasonably necessary such that an existing offset road shall be located within right-of-way after the right-of-way dedication.

D.    To obtain the right-of-way reasonably necessary for maintenance of city road and/or drainage facilities. (Ord. 1633 § 1, 1996).

17.07.030 Extent of right-of-way dedication.

The extent of right-of-way that shall be required for any particular development shall be in accordance with applicable sections of the Bothell Standards. (Ord. 1633 § 1, 1996).

17.07.040 Format of right-of-way dedication.

A.    When right-of-way is required to be dedicated, it shall be conveyed by warranty deed or other form of conveyance approved by the city attorney. All warranty deeds and other documents of conveyance or dedication of right-of-way must be accompanied by a title report effective as of the date of conveyance shown on the deed or other document of conveyance. The description on the deed or other document of conveyance must match the legal description on the title report. The warranty deed or other document of conveyance may be accepted on behalf of the city by the city manager with approval as to form by the city attorney.

B.    The city shall only accept right-of-way which has clear title. (Ord. 1804 § 1, 2000; Ord. 1633 § 1, 1996).

17.07.050 Timing of right-of-way dedication.

Required right-of-way that shall be dedicated through a deed must be conveyed to the city and accepted by the city prior to issuance of any permit. An environmental risk assessment may be required prior to any right-of-way acceptance by the city. If the right-of-way dedication is in conjunction with a subdivision or short subdivision, the dedication process required as part of the final plat process shall be followed. Dedication of necessary right-of-way as part of a rezone with a binding site plan shall be required as a precondition of the rezone approval. (Ord. 1633 § 1, 1996).