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Home My WebLink Aboutres2014-002 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-055 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 1/28/2014 Introduction Ori•inator: I`� i Division Head. PAIMIEM RECEOVED 2/11/2014 Public Hearing De it.Head: i/ . 3 am JAN 2 1 2014 Prosecutor: 11M01116/I4 Purchasing/Budget: A WHATCOM COUNTY COUNCIL Executive. �I W TITLE OF DO 7/ `ANT: A Resolution Granting a Quitclaim Deed to the Washington State Department of Transportation ATTACHMENTS: 1. Cover Memo 2. Resolution 3. Quitclaim Deed 4. WSDOT Plan Sheet SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached resolution requests that Whatcom County grant a quitclaim deed to WSDOT. Previously Whatcom County closed a portion of Boundary Road where it intersects with SR 539 south of the international border. This quitclaim deed will allow WSDOT to proceed with their project to enhance the border crossing by shifting SR 539 200 fft east onto this portion of Boundary Road. WSDOT will add a truck ' lane, a NEXUS lane, install new illumination systems, construct new stormwater treatment facilities and install new ITS systems. COMMITTEE ACTION: COUNCIL ACTION: 1/28/2014: Introduced 2/11/2014: Council Approved 7-0 Res. 2014-002 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2014-002 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: 1/28/2014 RESOLUTION NO. 2014-002 A RESOLUTION GRANTING A QUITCLAIM DEED TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION WHEREAS, Whatcom County is holder of the county road rights of way described in Exhibit A located within the Highway project limits of SR 539, Badger Road Vicinity to Lynden Border Crossing, as shown on the plan attached hereto; and, WHEREAS, in the improvement of said SR 539 by the State of Washington, Department of Transportation,it is necessary and advisable for the State of Washington to acquire the County's rights for said Highway; and, WHEREAS,after due consideration by the Whatcom County Council,it appears to the Council that it will be in the best interests of both the County and the State of Washington that the County convey said rights to the State of Washington by Quitclaim Deed for and in consideration of the benefits derived by the traveling public; and, NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, in accordance with RCW 47.12.040 and through its County Executive, executes, notarizes and delivers said Quitclaim Deed to the State of Washington,Department of Transportation. APPR ) d�y'�af`'`February , 2014 z 0 e 0 U CO P.� = WHATCOM COUNTY COUNCIL nt.:41 ,--.-- * - - WHATCOM COUNTY, WASHINGTON rr' .....:_t____,. , _ . ,trairib „... Dana$;:own 4a∎>.,. minty Cl- . Council Chair - PROVED AS TO FORM: -- Afrij G:e. 74)121`07') Chief Civil Deputy Prosecutor EXHIBIT A Legal Description of Right of Way to be quitclaimed The north 40 feet of the east 40 feet of the west 265 feet of Government Lot 4 as conveyed to Whatcom County under Whatcom County Auditor's File No.430254; TOGETHER WITH the county road rights of way described in Whatcom County Auditor's File Nos. 1531107 and 1548353 (in Lot 1 of Noteboom Short Plat; Volume 12 of Short Plats,Page 5), all of which are in Government Lot 4, Section 31,Township 41 North,Range 3 East,W.M., in Whatcom County, Washington, and lie within the project limits of SR 539,Badger Road Vicinity to Lynden Border Crossing. • 2140300257 Page: 1 of 3 3/05/2014 11 14 AM DEED $74.00 Whatcom County, WA Request of: FIRST AMERICAN TITLE INSURANCE • After recording return document to: - Stale of Washington Department of Transportation .Real Estate_Services Office P:O."Box 47338 Olympia;WA 98504.7338 <351 iltD5pOo Document Title` Quitclaim Deed Reference,7Vumber,ofRelated Document: 430254, 1531107, 1548353 Grantor: Wl}atcom County Grantee: State-of Washington, Department of Transportation Legal Descripti$n: Ptn Govt Lot 4 and ptn Lot 1 of Noteboom Short Plat(Book 12 Short Plats,pg 5, under A:F'No../508254), all in Section 31, T41N, R3E, WM; Whatcom County Additional Legal Description is*Page 1 of Document. Assessor's Tax Parcel Number: None (county roads);abut 4103310082800000, 4103310712450000, 4103310082950000, 4103310083060000 and 4103310083120000 QUITCLAIM DEED State Route 539,Badger Road Vic:to Lynderi Border Crossing KNOW ALL MEN BY THESE=PRESENTS, that the Grantor, WHATCOM COUNTY, a political subdivision of the State bf Washington, for and in consideration of THE BENEFITS DERIVED BY THE TRAVELING-PUBLIC, conveys and quitclaims to the STATE OF WASHINGTON, acting by and through its Department of Transportation, Grantee, all of its interest in the following described real estate, and any after-acquired interest therein, situated in Whatcom County, in the State of Washington, under the imminent threat of the Grantee's exercise of its right of Eminent Domain. The north 40 feet of the east 40 feet of the west 265-feet of Government Lot 4 as conveyed to Whatcom County under Whatcorn-County Auditor's File No. 430254; TOGETHER WITH the county road sights of way described in Whatcom County Auditor's File Nos. 1531107 and `1548353 (in Lot I of Noteboom Short Plat; Volume 12 of Short Plats,page 5)•all of which are in Government Lot 4, Section 31, Township 41 North,Range 3.East, W.M.,in Whatcom County, Washington, and lie within the project-limits:of SR'539, Badger Road Vic. to Lynden Border Crossing. This document's filed for record by FIRST AMERICAN TITLE INSURANCE CO. as an accomodation only.It has hot been examined xRES 306 (rev.06/10) Page 1 of 3 pages as to its execution or as to its affect upon the title. 1876692 183557 *3/5/2014 10.00* QUITCLAIM DEED '. It is understood and agreed that delivery of this deed is hereby tendered and that the terms .aid 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. Dated re...10:a•1 - If , 2014 WHATco C• . TY By: 40, JACK LO S, County ecutive Accepted and Approved Rrovred as to form: • .din c c.� L-- o s Ii a'+. . STATE OF WASHINGTON, Daniel L. Gibson bole _- - "Department of Transportation Chief Civil Deputy Prosecutor By: _ - ; 'Hal Wolfe, . oil hwest Region ,Real-Estate Services Manager, -'Authorized Agent Date: . xRES 306 Page 2 of 3 pages QUITCLAIM DEED -STATE,OF.WASHINGTON ) . ss. County-of Whatcom- ' ) On this' day of • c,_2014, before me personally appeared-JACK LOUWS, to me known to be one of the duly elected, qualified and acting County Executive of'Whatcom County, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of"said County, f¢r the-uses and purposes therein mentioned, and each on oath stated that he was authorized to execute said instrument by Resolution of the County Council of said County,and that the seal affixed is the official seal of said County. GIVEN under my hand'and-official seal the day and year last above written. *,\ eal rN J .. tir —. ' si°" } Notary(Print Name) A ( 1-A- Jt r� I;e tkDTANkle.< Notary Publi in and for the State of Washington, -***-- residing; at --� •O \ PUBLIC I i my Appointntent expires_ Os'. r r WASW . Picase'stay within block. xRES 306 Page 3 of 3 pages 2140300257 Page: 1 of 3 3/05/2014 11:14 AM DEED $74.00 Whatcom County, WA Request of FIRST AMERICAN TITLE INSURANCE After recording return document to: State of Washington Department of Transportation -Real Estate,Services Office '.P-.O.'Box 47338 Olympia;WA 98504.7338 $51.'1405200 Document Title` Quitclaim Deed Reference,Numberof Related Document: 430254, 1531107, 1548353 Grantor: Wl atcom County Grantee: State of Washington, Department of Transportation Legal Description: Ptn Govt Lot 4 and ptn Lot 1 of Noteboom Short Plat(Book 12 Short Plats,pg 5, under A:F`:No..1508254), all in Section 31, T41N, R3E, WM; Whatcom County Additional Legal Description is on.Page 1 of Document. Assessor's Tax Parcel Number. Noire(county roads); abut 4103310082800000, 4103310712450000, 4103310082950000, 4103310083060000 and 4103310083120000 QUITCLAIM DEED State Route 539, Badger Road Vic:to Lynden Border Crossing KNOW ALL MEN BY T1=IES)✓=PI.ESTNTS, that the Grantor, WHATCOM COUNTY, a political subdivision of the State.bf Washington, for and in consideration of THE BENEFITS DERIVED BY THE 'TRAVELINGPUBLIC, conveys and quitclaims to the STATE OF WASHINGTON, acting by and through its Department of Transportation, Grantee, all of its interest in the following described real estate, and any after-acquired interest therein, situated in Whatcom County, in the State of Washington, under the imminent threat of the Grantee's exercise df its.right of Eminent Domain. The north 40 feet of the east 40 feet of the west 2.65:feet of Government Lot 4 as conveyed to Whatcom County under Whatcom County Auditor's File No. 430254; TOGETHER WITH the county road rights of way described in Whatcom County Auditor's File Nos. 1531107 and '1548353, (iri Lot 1 of Noteboom Short Plat; Volume 12 of Short Plats,page 5);=a11 of which are in Government Lot 4, Section 31, Township 41 North, Range-3_gist, W.M., in Whatcom County, Washington, and lie within the project`limits:of SR'539, Badger Road Vic. to Lynden Border Crossing. This documentis filed for record by FIRST AMERICAN TITLE INSURANCE CO. as an accomodation only.It has not been examined xRES 306 (rev.06/10) Page 1 of 3 pages as to its execution or as to its affect upon the title. 1876692 183557 *3/5/2014 10.00* QUITCLAIM DEED ' " , - It is understood and agreed that delivery of this deed is hereby tendered and that the - teams .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. Dated- '_-cefortc.ir // . 2014 : irT .4 JACK LO S, County ecutive Accepted and Approved Api roved as to form'r, 4,m4it , -STATE OF WASHINGTON, Daniel L. Gibson D, _- - "Department of Transportation Chief Civil Deputy Prosecutor By: -Hal Wolfe, orthwest Region ,Real-Estate Services Manager, ' 'Authorized Agent Date: —7..1 kv.\ let xRES 306 Page 2 of 3 pages QUITCLAIM DEED -STATE.OF.WASHINGTON ) . ss. County of WT atcom- - ) ri-11;this';I/ day of 2014, before me personally appeared-JACK LOUWS, to me known to be one of the duly elected, qualified and acting County Executive of Whatcom County, Washington, that executed the within and foregoing instrument land acknowledged said instrument to be the free and voluntary act and deed of Said.County, f5r the-uses and purposes therein mentioned, and each on oath stated that he was Guth*sized-to execute said instrument by Resolution of the County Council of said County, and that the seal affixed is the official seal of said County. GIVEN under my hand"and-official seal the day and year last above written. eat C�ULa� ,Q� fl( • .........a1oH ,a1,4 Notary(Print Name) AR-6G%." �E ;'o o TA +:�{; Notary Public in and for the State of Washington, .n N�• J" :� i e •; —.,re,, .1331, ,9:1EN. _.........A. 1O.II::TL11„VE:.,TDSR --— D'PVE SUPERSEDES W 3w 010 SA511 OF BEARS..11■0 INSTANCES ARE ThIS P ER CROSSING OETFANINEO FROM w TRiC MITE COMMA..S.1 OF 1 SHEET.APPROCOMMA.SISTER NORTH BONE NJAO fvq OCTOBER VADF 4F S 0001000. ml WS.w'1i T APE 0PCIl0 o.I.0E0 SIEET)I OF 1 SNEETE DATED 19]1 FOR SURVEY INORWOON SEE RECCRO OF SWEET • pi_ SR SA RIGHT OF WAY LENF..RIOwEM. 1 CO Q 1SNDENAIOER.CrVE FpNAF.E.10 MOROlfwEMs I p SEPIENeER n X...DER.Fx 01235.170 Q ZQ ALL P MIS RAE SUBJECT TO GRANGE ONKRSNP SNOULO BE SEWED 5+0 %I U PROPOSED W90PERtt N@Il5 SNO1W 1 0 WT NO HAZE Mg 0004Rm PMTIES SEEING CURRENT NFOR.I OF SNW.O ILI F CORMT ITE DEPAIRYENT OF _ TO 00.5?RTATNIN T 00 105 FTHE REINT r MMMOYRANS OFFICE FOR THE OFFYJ.LL 7 Q Im I- O NE .4 SE A D U € SEC.36 GOVT LOT t 1 N SEC.36 2I x E 1 all r, m w •I rZ EN NF I NDNSE I • MIS R Y D;1 t ¢ END OF PLAN I d STA.7391•18.49 P.O.T. `- ! 1D MP 15.16 1D mee. 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I MP 15.16 I f O IWR. N'T.41N.Ft,ZE.W.M: �— !m° .-r•�'a --- 773s -• S39-• - - -7'.31 N.R.3E.W.M. — — 9 I.,r.,-e- _. 7.-1..__.. TO CAW. �� ; IfvMl (r. R".0 ;'IIi'RT RE NM 0,4114,1 t• :v�R AZT. ri �¢ - USE Or>sFx EgpERry 12 FOR 11101.8 IRS !F r, '4,1.-. + .• ' cram —s . I N. I 1..4 ..._,v-..•..._,v-..•MOSMOS.. —•�•� �! m j -- 1 SR 539 11117 BADGER ROAD VIC.TO•GOVT LOT 5 / Vii' LYNDEN BORDER CROSSING SEC.31 GOVT LOT 4 I'SN8'.tE 1,4 YEMATCOM COUNTY SEC.31 L 1'1" .T :' RICNr o•WA,T naR MP 1•19 Ep EM 19.1E ,f E. STATION 110.11 TO STATION 179.ILI9 :4247,. I]Mi \ r..SNurT x EMYENENr Oe IMaIlO.PArw E C0.[UTAIEO 1 5I • —— LEGEND - I LIGG?„ NOVEIMER 8, •`i,•N U•.e0 S!A,9 v,w� M�� SIO.n1I OLuT -A waIECR! (_ ) I 1 � rvo/ iOd L E ® NSF I • fEEr b——— PgORERIY LIMES X11 oE.AO WI* IatuY ... 1 Nl9..lAOEk.r. AEA. N - M. Of WAY FINE MM�R I IIICu IS IRT.AIOLI Z l l+nt•-[.+s-SEPN*Ie may I N Ip _ µ E.F..10.11 OWAlERSiiIP J L "AEXT SEil., ...,x RatEs SCALE A FEET l.e-I.,,®.d.�:,� F. 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