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Home My WebLink Aboutres2010-001 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 -260A CLEARANCES Initial D to Date Received in Council Office Agenda Date Assigned to: Originator: JP . / 6 , D L: C E 0 V E D 9 / 15 / 09 Introduction Division Head: L� / isle • D 9 /'t ea J /�y SEP 0 8 .2009 � Dept. Head: afge 9/�/G 1 11 / 24 / 2009 Introduction Prosecutor 0r/�.6 /a1 WHATCOM COUNTY 1 / 12 / 2010 Hearing - 'COUNCIL Purchasing/Budget: _ Executive: Ka 79 -10? TITLE OF DOCUMENT: A Resolution Vacating a Portion of Edwards Drive ATTACHMENTS: 1. Cover Memo 2. Resolution 3. Neighboring Land Owner 's Petition 4. Map of Site 5. Engineer 's Report 6. Comparative Market Analysis 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: at 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 Edwards Drive is submitted per RCW 58. 17 & 36. 87 and WCC 12-20. The County Engineer 's report has been prepared and is being submitted in favor of this road vacation. A public hearing will need to be scheduled COMMITTEE ACTION: COUNCIL ACTION:: 9 / 15 / 2009 : Introduced 11 / 10 / 2009 : Council Approved 7 - 0 Res . 2009 - 064 11 / 24 / 2009 : Introduced substitute resolution tonight and will hold public hearing at a later date . Bellingham Herald did not run public notice for 11 / 10 / 09 meeting so need a second public hearing . 01 / 12 / 2010 : Council Approved 7 -0 Res . 2010-001 replaced Res . 2009 -064 Note : Effective pending completion of process 2 / 2 / 2010 : Process Complete Related County Contract #: • Related File Numbers: Ordinance or Resolution Number: Res . 2010-001 464oO9-01. 6o, e- .;2009 - ate. 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. 1 SPONSORED BY: Consent 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 11 / 24 / 09 4 RESOLUTION NO. 2010-001 5 6 A RESOLUTION VACATING A PORTION OF EDWARDS DRIVE 7 8 WHEREAS, on July 15 , 2003 ; David Duncan, submitted a petition for the vacation of a portion of 9 Edwards Drive lying within the unincorporated area of Whatcom County, accompanied by the penal 10 sum of $682.00; and 11 WHEREAS, as described in RCW 36. 87 .010, when a county road or any part thereof is considered 12 useless the Whatcom County Council may declare its intention to formally consider vacation, by 13 resolution; and 14 WHEREAS, the County Council voted 7-0 on May 26, 2009, to consider this vacation request and 15 directed the County Engineer' s office to report; and 16 WHEREAS, the County Engineer' s office has reviewed the portion of the street which is a Class A-2 17 right-of-way, wherein public expenditures were made, and part or all lies within a platted 18 subdivision, and has determined that the public would benefit from said vacation; and 19 WHEREAS, the County Council voted 7-0 on November 10, 2009, to approve this vacation request; 20 and 21 WHEREAS, it was discovered that the public hearing notice was not published pursuant to RCW 22 36. 87 .050; and 23 WHEREAS, a new public hearing with proper public notice requirements was held; and 24 WHEREAS , it is unknown if there are public utilities located within the portion of the right-of-way 25 to be vacated, but an easement for said utilities will be retained by the County; and 26 WHEREAS, the fair market value has been determined to be $ 11 . 11 per square foot for 1 ,213 square 27 feet included within this portion of Edwards Drive, making the total value of the area to be vacated 28 $ 13 ,476.43 ; and 29 WHEREAS, the County Real Estate Manager and County Engineer have reviewed said compensation 30 and determined it to be fair value; and 31 WHEREAS , the petitioner has met all of the petition requirements, as set forth by Chapter 12.20, 32 Whatcom County Code, and all other applicable laws; and 33 WHEREAS, the applicant has six calendar months from the date of the Preliminary Order of 34 Vacation to pay any remaining fees to the Whatcom County Council office, which checks made 35 payable to the Whatcom County Treasurer, prior to the vacation becoming effective, including but 36 not limited to the appraised value of the area sought to be vacated; and 37 WHEREAS, this vacation does not become effective until the fees are paid and the Final Order and 1 WHEREAS, this vacation does not become effective until the fees are paid and the Final Order and 2 Resolution are recorded with the County Auditor; 3 4 NOW, THEREFORE, BE IT RESOLVED that it is the intention of Whatcom County 5 Council to vacate the following described right of way: 6 7 Beginning at the Northeast corner of Lot 7, "Largaud' s Island Vista," Point Roberts, 8 Whatcom County, Washington, as per the plat thereof; recorded in Book 8 of Plats, 9 page 75 , in the Auditor' s office of said county and state; thence North along the East 10 line of said plat to a line 30 . 00 feet Southerly and parallel to the centerline of 11 Edwards Drive; thence S .76°35 ' W. along said parallel line to the Northerly 12 prolongation of the West line of said Lot 7 ; thence South, along said Northerly 13 prolongation to the Northwest corner of said Lot 7; thence N.76°35 ' E. along the 14 Northerly line of said Lot 7 to the Point of Beginning. Containing 1 ,213 square feet, 15 more or less. Situate in Whatcom County, Washington. 16 17 SUBJECT TO and/or together will all easements, covenants, restrictions, 18 • and/or agreements of record or otherwise, and 19 20 SUBJECT TO an easement retained by the County in respect to the vacated portion of right-of-way for 21 the construction, repair, and maintenance of any and all public utilities and services, now located on or 22 in the vacated portion, or planned for the future. . 23 BE IT FURTHER RESOLVED that upon applicants' completion of payment for the property and of 24 all other fees, a Final Order of Vacation shall be prepared by Council Staff, signed by the appropriate 25 parties, and recorded with the County Auditor; and 26 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within six 27 months from the date of the passage of this Resolution, the Preliminary Order of Vacation which is 28 hereby authorized shall be withdrawn, and the right-of-way shall not be deemed to have been vacated. `,`nttUtIuSSs,,,� 29 AP�4 (th tQs /Nay of January , 2010 . A • • SHAT • • �/0 30 � � � _ COQ•• , • WHATCOM COUNTY COUNCIL 31 A * : _t • • WY : r W • COM COUNTY, WASHINGTON 32 _ _ wr .\. s _ 4 : . 33 CHL17 34 FjanaUr . , -Davis,Ogpnty CSerk , m Crawford , Council Chair 35 •%, SNING • • • 37 A SYVkl 4 'I,�� 38 dQ i . A 39 Senior Civil Deputy Prosecuting Attorney . 40 II 11 II 1111111 2100200290 Page : 1 of 2!02/2010 15: 49 PM VACA $ 116 . 00 _ Whatcom County , WA RETURN DOCUMENT TO: Request of WHATCOM COUNTY COUNCIL WHATCOM COUNTY COUNCIL OFFICE 311 GRAND AVENUE , SUITE 105 BELLINGHAM , WA 98225- 4038 Use dark black ink and print legibly. Documents not legible Will be rejected per RCW DOCUMENT TITLE(S): FINAL ORDER OF VACATION AUDITOR FILE NUMBER (and VOL. as PG. NUMBERS) OF DOCUMENT(S) BEING ASSIGNED OR RELEASED: PRELIMINARY ORDER OF VACATION- AR # 2100101885 Additional reference numbers can be found on page of document. GRANTOR(S): WHATCOM COUNTY Additional grantor(s) can be found on page of document. GRANTEE(S): DAVID DUNCAN Additional grantee(s) can be found on page of document. ABBREVIATED LEGAL DESCRIPTION: (Lot, block, plat name OR; qtr/qtr, section, township as range OR; unit, building and condo name) . Beginning at the Northeast corner of Lot 7 , "Largaud ' s Island Vista , "Point Roberts , Whatcom County , Washington , as per the plat therof , recorded in Book 8 of Plats , page 75 , in the Auditor ' s Office of said county and state . Additional legal(s) can be found on page 2 of document. ASSESSOR'S PARCEL NUMBER: None ; right -of-way The Auditor/Recorder will rely on the information provided on this form . The responsibility for the accuracy of the indexing information is that of the document preparer. NOTICE: RCW 65.04.047. Section 14: eff. 8/ 1 / 99 "I AM REQUESTING AN EMERGENCY NONSTANDARD RECORDING FOR AN ADDITIONAL FEE AS PROVIDED IN RCW 36. 18.010. I UNDERSTAND THAT THE RECORDING PROCESSING REQUIREMENTS MAY COVER UP OR OTHERWISE OBSCURE SOME PART OF THE T OF THE ORIGINAL DOCUMENT." SIGNED BY: tainaittatl i 4 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 #2100101885 GRANTOR(S) : WHATCOM COUNTY GRANTEE (S) : David Duncan ABBREVIATED LEGAL DESCRIPTION : Beginning at the Northeast corner of Lot 7, "Largaud's Island Vista, " Point Roberts, Whatcom County, Washington, as per the plat thereof, recorded in Book 8 of Plats, page 75, in the Auditor's Office of said county and state. ADDITIONAL LEGAL DESCRIPTION ON PAGE TWO OF DOCUMENT. ASSESSOR' S TAX/ PARCEL NUMBER(S) : none; right-of- way IN THE MATTER OF THE VACATION OF portion of Edwards Drive, filed by David Duncan , ET AL : FINAL ORDER OF VACATION WHEREAS , the Whatcom County Council did , on January 12 , 2010, order the vacation of portion of Edwards Drive , petitioned by David Duncan , et al . , and entered a preliminary order of vacation , recorded by the County Auditor on January 20, 2010 under reference number 2100101885 ; 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 $ 14, 526 . 77 were paid by the petitioner on February 1 , 2010 ; NOW , THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road ( s) or portion ( s) thereof, described below, be vacated : Beginning at the Northeast corner of Lot 7 , " Largaud 's Island Vista , " Point Roberts, Whatcom County, Washington , as per the plat thereof, recorded in Book 8 of Plats, page 75 , in the Auditor's Office of said county and state : thence North along the East line of said plat to a line 30 . 00 feet Southerly and parallel to the centerline of Edwards Drive ; thence S . 76° 35 'W . along said parallel line to the Northerly prolongation of the West line of said Lot 7 ; thence South , along said Northerly prolongation to the Northwest corner of said Lot 7 ; thence N . 76° 35 ' E . along the Northerly line of said Lot 7 to the Point of Beginning . Containing 1 , 213 square feet, more or less . Situate in Whatcom County, Washington . 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) . Dated February 2 , 2010 c1 1 Y C 0 i",' WHATCOM COUNTY COUNCIL ATT � HA rC &A% WHATCOM COUNTY, WASHINGTON O • ` r e so • O ti- fr ri.- , i / D a i3r�,r d�?iPfQpu�ncil gIerk Sam Crawford C . A ncil Chair Z . 11/ 14 . :2 • • • •• • • • ``.