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Home My WebLink Aboutres2010-017 2009 - 406A WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial ate Date Received in Council Office Agenda Date Assigned to: J! � , 'RECEIVED 3/16/10 Introduction oina / G I 5 / 11 / 2010 Hearing _Division Head. Dept. Head: ,,0etti/ t %1 io MAR 0 8 2010 Prosecutor 02/3.1/ ho W H ATCOM COUNTY Purchasing/Budget: COU N C I L Executive: 3/S / 1 0 TITLE OF DOCUME T: A (Resolution Vacating a Portion of Portal Way 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: (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 Portal Way - 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: 3 / 16 / 2010 : Introduced 5 / 11 / 2010 : Council Approved 7 -0 Res . 2010-017 Note : Effective pending completion of process 11 / 16 / 2010 : Process Complete Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2010- 017 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. II II 01 111111 2101102391 Page : 1 of 4 11/ 16/2010 2 : 26 PM VACA .. $65 . 00 Whet con 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 #2100501751 GRANTOR( S) : WHATCOM COUNTY GRANTEE ( S) : Harbor Lands, L. P . ABBREVIATED LEGAL DESCRIPTION : That portion of the Northeasterly 15 feet of Portal Way lying within the South Half of the South half of the Northweast Quarter of the Southwest Quarter of Section 6 , Township 39 North , Range 2 East of W . M . ADDITIONAL LEGAL DESCRIPTION ON PAGE TWO OF DOCUMENT. ASSESSOR' S TAX/ PARCEL NUMBER ( S) : n / a IN THE MATTER OF THE VACATION OF Portal Way, filed by Mark Douglas, Grandview Business Center ET AL : FINAL ORDER OF VACATION WHEREAS , the Whatcom County Council did , on May 11 , 2010 , order the vacation of Portal Way , petitioned by Mark Douglas , Grandview Business Center et al . , and entered a preliminary order of vacation , recorded by the County Auditor on May 18 , 2010 under reference number 2100501751 ; 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 $ 7 , 288 . 72 were paid by the petitioner on November 10 , 2010 ; NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road ( s) or portion (s) thereof, described below, be vacated : That portion of the Northeasterly 15 feet of Portal Way lying within the South Half of the South half of the Northeast Quarter of the Southwest Quarter of Section 6 , of Township 39 North , Range 2 East of W . M . , 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 November 16 , 2010 ` ````attIIuII / ini o� ATT `�� J�� Y • CO04:,,e_�, WHATCOM COUNTY COUNCIL ` ) .6 w }{ q ..0 WHATCOM COUNTY, WASHINGTON O . ask Os:. ,._. . ••••eimer. -_ _ f.. _ss_ - _� "_ I i S _ A Daslp Brorro DQv_ s-° ricil CSerk S . rawford , Cou . cil Chair y/ N G� • i.' • • • • • • . ``. 1 SPONSORED BY: Consent 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 3 / 16 / 2010 4 RESOLUTION NO. 2010-017 5 6 A RESOLUTION VACATING A PORTION OF PORTAL WAY 7 8 WHEREAS, on October 5 , 2009; Mark Douglas, submitted a petition for the vacation of a 9 portion of Portal Way lying within the unincorporated area of Whatcom County, 10 accompanied by the penal sum of $682. 00; and 11 WHEREAS, as described in RCW 36. 87 .010, when a county road or any part thereof is 12 considered useless the Whatcom County Council may declare its intention to formally 13 consider vacation, by resolution; and 14 WHEREAS, the County Council voted 7-0 on October 27, 2009, to consider this vacation 15 request and 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 17 Class A- 1 right-of-way, wherein public expenditures were made, and no part thereof lies 18 in any plat and has determined that the public would benefit from said vacation; and 19 WHEREAS, public utilities are located within the portion of the right-of-way to be 20 vacated and an easement for said utilities will be retained by the County; and 21 WHEREAS, the fair market value has been determined to be $0. 95 per square foot for 22 6,602 square feet included within this portion of Portal Way, making the total value of the 23 area to be vacated $6,272. 00; and 24 WHEREAS, the County Real Estate Manager and County Engineer have reviewed said 25 compensation and determined it to be fair value; and 26 WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter 27 12.20 Whatcom County Code, and all other applicable laws; and 28 WHEREAS, the applicant has six calendar months from the date of the Preliminary Order 29 of Vacation to pay any remaining fees to the Whatcom County Council office, which 30 checks made payable to the Whatcom County Treasurer, prior to the vacation becoming 31 effective, including but not limited to the appraised value of the area sought to be vacated; 32 and 33 WHEREAS, this vacation does not become effective until the fees are paid and the Final 34 Order and Resolution are recorded with the County Auditor; 1 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County 2 Council to vacate the following described right of way: That portion of the Northeasterly 3 15 feet of Portal Way lying within the South Half of the South Half of the Northeast 4 Quarter of the Southwest Quarter of Section 6, Township 39 North, Range 2 East of W.M. 5 SUBJECT TO and/or together with all easements, covenants, restrictions, and/or 6 agreements of record or otherwise; and 7 SUBJECT TO an easement retained by the County in respect to the vacated 8 portion of right-of-way for the construction, repair, and maintenance of any 9 and all public utilities and services, now located on or in the vacated 10 portion, or planned for the future. 11 12 BE IT FURTHER RESOLVED that upon applicants ' completion of 13 payment for the property and of all other fees, a Final Order of Vacation 14 shall be prepared by Council Staff, signed by the appropriate parties, and 15 recorded with the County Auditor; and 16 17 . BE IT FURTHER RESOLVED that if the conditions set forth above are not 18 . fulfilled within six months from the date of the passage of this Resolution, 19 the Preliminary Order of Vacation which is hereby authorized shall be 20 withdrawn, and the right-of-way shall not be deemed to have been vacated. 21 22 APPROVq 1� l .is j /With day of May , 2010 .� Y C 0 ""1, 23 . • • • • • • •CAA') WHATCOM COUNTY COUNCIL 24 are'�� • y�1 H A rC • •• c % WHATCOM COUNTY, 25 O� COUNTY C� • r = WASHINGTON 27 • 28 • 44lw �►+;Liw &vtctt.+eL.29 D'ia B . nt (prk Safn Crawford, C Chair 30 �'�, • ' • • . • • • • C 31 ii * ``‘‘� 32 APPROVw1/49 !Tt9 CORM: 33 �a . A/L / 34 7 35 Senior Civil Deputy Prosecuting Attorney