HomeMy WebLinkAboutres2013-012 WHATCOM COUNTY COUNCIL AGENDA BILL Na AB2012- 272B
CLEARANCES Initi 1 . ' Date Date Received in CocciLOffn Agenda Date Assigned to:
AH T _ pR E vv 3-26-13 PW/Council
Originator: X11
Division Head: 11/ 37 33 MAR 19 2013
::: i; WHA vL P/03/ 313
Purchasing/Budget:
Executive: j m I %`°1
TITLE OF DO T: A Resolution Vacating a Portion of Bridgewater Street (Shipyard Road) and
Dearborn Avenue
ATTACHMENTS: 1. Cover Memo
2. Resolution
3. Right of Way Deed
4. Neighboring Land Owner 's Petition
5. Map of Site
6. Engineer 's Report
7. Comparative Market Analysis
SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( ) 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 Vacating a Portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue is
submitted per RCW 58. 17 & 36. 87 and WCC 12-20.
The County Engineer has examined the petition for vacation and determined that the Public will not benefit
from approval of petition and is not in favor of this vacation petition. County Engineer does not recommend
approval of this resolution.
COMMITTEE ACTION.• COUNCIL ACTION:
3 / 26 / 2013 : Forwarded to Council for approval 3 / 26 / 2013 : Council Approved 7 - 0
Res . 2013-012
4 / 23 / 2013 : Vacation process completed
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Res . 2013-012
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County 's website at: www. co. whatcom. wa. us/council.
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 3 / 26 / 2013
RESOLUTION NO. 2013-012
A RESOLUTION VACATING A PORTION OF BRIDGEWATER STREET
(SHIPYARD ROAD) AND DEARBORN AVENUE
WHEREAS, on June 5 , 2012, Jayme Gilday and Jean Allen, et.al., submitted a petition for
the vacation of a portion of Bridgewater Street (Shipyard Road) and Dearborn Avenue lying
within the unincorporated area of Whatcom County near the City of Blaine, accompanied by
the penal sum of $682.00, and,
WHEREAS, as described in RCW 36. 87 .010, when a county road or any part thereof is
considered useless the Whatcom County Council may declare its intention to formally
consider vacation, by resolution.
WHEREAS, the County Council voted 7-0 on August 7, 2012, to consider this vacation
request and directed the County Engineer' s office to report; and
WHEREAS, the County Engineer' s office has reviewed the portion of the street which is a
Class B-2 right-of-way, wherein no public expenditures were made or they are non-
ascertainable from records, and part or all lies within a platted subdivision, and in the
exercise of his judgment has determined the public will not benefit from said vacation; and
WHEREAS, public utilities are located within the portion of the right-of-way to be vacated
and an easement for said utilities will be retained by the County; and
WHEREAS, the City of Blaine stated that it would support the road vacation if the area to
be vacated was revised and if a portion of the petitioners' property was dedicated as right of
way; and-
WHEREAS, the revised road vacation area is 1 ,587 square feet and the right of way
dedication area is 214 square feet; and
WHEREAS, the net square footage vacated from Bridgewater Street (Shipyard Road) and
Dearborn Avenue is 1 ,373 square feet; and
WHEREAS, the fair market value has been determined to be $2.74 per square foot for the
net square footage of 1 ,373 included within this portion of Bridgewater Street (Shipyard
Road) and Dearborn Avenue, making the total value of the area to be vacated $3 ,762.00;
and
WHEREAS, the County Engineer has reviewed said compensation and determined it to be
fair value; and
WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter
12.20 Whatcom County Code, and all other applicable laws; and
WHEREAS, the applicant has six calendar months from the date of the Preliminary Order
of Vacation to pay any remaining fees to the Whatcom County Council office, which checks
should be made payable to the Whatcom County Treasurer, prior to the vacation becoming
effective, including but not limited to the appraised value of the area sought to be vacated;
and
WHEREAS, this vacation does not become effective until the fees are paid, and until
applicant executes a Right of Way Deed for the required right of way dedication area, and
the Final Order and Resolution are recorded with the County Auditor;
NOW, THEREFORE, BE IT RESOLVED that it is the intention of Whatcom
County Council to vacate the following described right of way:
Commencing at the common northerly corner of Lots 106 and
107, of the plat, "Plymouth City, Whatcom County,
Washington", as per the map thereof, recorded in Book 2 of
Plats, Page 56, in the Auditor' s Office of said County and State
more particularly described as follows:
Thence south 89°59 ' 22" west along a projection of Bridgewater
Street (commonly known as Shipyard Road), 96 . 18 feet; thence
south 15° 11 ' 01 " west, 67 .59 feet to a point on a curve concave
to the southeast and having a radius of 132.00 feet; thence along
a curve to the right through a central angle of 59°37 '21 " for an
arc distance of 137 .36 feet to the point of curvature and point of
beginning.
Containing 1 ,373 square feet more or less.
SUBJECT TO and/or together with all easements, covenants, restrictions, and/or agreements
of record or otherwise; and
SUBJECT TO an easement retained by the County in respect to the vacated
portion of right-of-way for the construction, repair, and maintenance of any
and all public utilities and services, now located on or in the vacated portion,
or planned for the future.
BE IT FURTHER RESOLVED that upon applicants' completion of payment
for the property and of all other fees, and execution of a right-of-way deed for
the area required by the County to be dedicated, a Final Order of Vacation
shall be prepared by Council Staff, signed by the appropriate parties, and
recorded with the County Auditor; and
BE IT FURTHER RESOLVED that upon applicants' completion of payment
for the property and of all other fees, and execution of a right-of-way deed for
the area required by the County to be dedicated, the Right of Way Deed for
that portion to be dedicated by applicant will be recorded with the County
Auditor; and
BE IT FURTHER RESOLVED that if the conditions set forth above are not
fulfilled within six months from the date of the passage of this Resolution, the
Preliminary Order of Vacation which is hereby authorized shall be
withdrawn, and the right-of-way shall not be deemed to have been vacated.
APPROVED th;llah, 1 , ,4ay of March , 2013
.■ ® ��/ ����'., WHATCOM COUNTY COUNCIL
ATTE ': . , ° . \ PTCO,• �O WHATCOM COUNTY,
Dana %rown Dav$i&%ntv5l°erk Kathy Kershner, Council Chair
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APPROV61)4S TO, CrttiV‘•
9)4/met /ITC;
Senior Civil Deputy Prosecuting Attorney
II I III 2130403502
Page : 1 of 5
4/24/2013 10 : 57 AM
ODER $76 . 00
Whatcom County , WA
Request of : WHATCOM COUNTY COUNCIL
After recording return document to :
WHATCOM COUNTY COUNCIL OFFICE
311 GRAND AVENUE, SUITE 105
BELLINGHAM, WA 98225-4038
DOCUMENT TITLE : FINAL ORDER OF VACATION
REFERENCE NUMBER OF RELATED DOCUMENT:
Preliminary Order of Vacation - AR #2130401280;
Right-of- Way Deed - AR #2130402604
GRANTOR( S) : WHATCOM COUNTY
GRANTEE ( S ) : Jayme Gilday and Jean Allen
ABBREVIATED LEGAL DESCRIPTION : A portion of Bridgewater Street ( Shipyard
Road ) and Dearborn Avenue
ADDITIONAL LEGAL DESCRIPTION ON PAGE ONE AND TWO OF DOCUMENT.
ASSESSOR' S TAX/ PARCEL NUMBER( S) : 400107 401230 0000
IN THE MATTER OF THE VACATION OF Bridgewater Street ( Shipyard Road ) and
Dearborn Avenue, filed by Jayme Gilday and Jean Allen , ET AL :
FINAL ORDER OF VACATION
WHEREAS , the Whatcom County Council did , on March 26 , 2013 , order the
vacation of Bridgewater Street ( Shipyard Road ) and Dearborn Avenue, petitioned by
Jayme Gilday and Jean Allen , et al . , and entered a preliminary order of vacation ,
recorded by the County Auditor on April 9 , 2013 under reference number
2130401280 ; and
WHEREAS , the vacation was subject to payment by petitioner of all costs and
expenses incurred in the proceedings of this vacation , and other conditions, and said
costs and expenses totaling $4 , 572 . 00 were paid by the petitioner on April 18 , 2013 ;
NOW , THEREFORE , THE WHATCOM COUNTY COUNCIL ORDERS that the
road ( s) or portion ( s) thereof, legally described below, be vacated :
Commencing at the common northerly corner of Lots 106 and 107 , of
the plat, " Plymouth City, Whatcom County, Washington , " as per the
map thereof, recorded in Book 2 of Plats, Page 56 , in the Auditor's
Office of said County and State more particularly described as follows :
Thence south 89 ° 59 '22 " west along a projection of Bridgewater Street
( commonly known as Shipyard Road ) , 96 . 18 feet ; thence south
15 ° 11 '01 " west, 67 . 59 feet to a point on a curve concave to the
southeast and having a radius of 132 . 00 feet ; thence along a curve to
the right through a central angle of 59 ° 37 '21 " for an arc distance of
137 . 36 feet to the point of curvature and point of beginning .
Containing 1 , 587 square feet more or less .
PROVIDED that the County reserves and retains an easement for construction ,
repair and maintenance of public utilities and services authorized or physically
located therein . Such vacation shall not, however, prejudice private rights, private
easements, prescriptive rights, rights of access, ingress, egress or passage . Other
conditions placed on this vacation are included in the preliminary order of vacation
( referred to in first paragraph of this document) .
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