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HomeMy WebLinkAboutres2009-003 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-051 CLEARANCES -•i al to Date Received in Council Office Agenda Date Assigned to: 1/13/09 Public Works/ Originator: A f 19:0/0 C�un i 1 Division Head: RECI - VED — Dept.Head: �I ial /og ,f 81,,130% JAN 0 6 2009 _Prosecutor: — Purchasing/Budget: WHATCOM COUNTY Executive: /-6-o i COUNCIL - TITLE OF DOCUMENT:Interlocal Agreement Between Whatcom County, The Lummi Nation,and Whatcom Land Trust For The Saxon Road Re Alignment Project and a road vacation petition County Council to consider. ATTACHMENTS:1. Memorandum 2. Interlocal Agreement 3. Road Vacation Petition&Resolution 4. Maps&accompanying exhibits SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) 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 County,the Lummi Nation,and the Whatcom Land Trust agree to relocation of a portion of Saxon Road to provide habitat enhancement. The purpose of this Agreement is to provide a legal framework wherein the three parties to this Agreement support improvements to public safety,water quality and fisheries habitat by relocating a portion of Saxon Road to a new right of way located further away from the banks of the South Fork Nooksack The Nation intends to accomplish both road abandonment of the current roadbed and the reconstruction of a replacement segment of Saxon Road. When the County Engineer accepts the new roadway construction,the County will formally adopt the newly constructed segment as a County Road,receive title to the newly developed right-of-way and vacate the existing right-of-way. Portions of the vacated right-of-way along the banks of the South Fork will be restored to natural topographic condition,replanted with native vegetation and made available for the construction of large woody in-stream habitat structures. COMMITTEE ACTION: COUNCIL ACTION: 1/13/2009: Forwarded to Council for approval 1/13/2009: Council Amended & Approved 7-0 with amendments from Councilmember Brenner Res. 2009-003 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2009-003 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: Public Works PROPOSED BY: Lummi Nation INTRODUCTION DATE: January, 13,2009 RESOLUTION NO. 2009-003 A RESOLUTION IN THE MATTER OF CONSIDERING A VACATION FOR REALIGNMENT OF A PORTION OF SAXON ROAD WHEREAS, on December 15, 2008; Lummi Nation and others, submitted a petition for the vacation of a portion of Saxon Road lying within the unincorporated area of Whatcom County, accompanied by the penal sum of$682.00 and an Interlocal Agreement, and in exchange for replacement of vacated portion, with a new realignment of equal or greater value; 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; and Whereas the Lummi Nation agrees that no vacation will occur until or unless realignment has been performed. NOW, THEREFORE, BE IT RESOLVED that it is the intention of Whatcom County Council to consider vacation of the following described right of way: A 40.00 foot strip of land for roadway right-of-way, over, under, upon and across portions of Gov't Lots 2 & 3, Section 27, Township 37 North, Range 5 East, Washington Meridian, the following right-of-way being 20.00 feet on each side the centerline described as follows: (see attached Exhibit #1). Basis of description: Drawing of proposed new right-of-way area submitted by Land Development Engineering & Surveying Inc. (Attachment"A") Subject to and/or together with all easements, covenants, restrictions and/or agreements of record or otherwise. AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County Council on the matter of the proposed vacation of said portion of Saxon Road so that the Council may set a lic6e 3 the matter. ``(( A, llay of January ,2009 • 0 p COUNN • U• _ WHATCOM COUNTY COUNCIL .� ; _ - WH;/ I ► CO Y,/'ASHINGTON i % Dana. a vts, County Clerk "nth Fle: wood, Council Chair . ••••• •• \\\ t r i 4 4 ■ 0 ORM: Senior Civil Deputy Prosecuting Attorney /4//-4- Ajp/eeti %.1-- " -k\ 1 j N• WOO E �� 00 S \'\ GRAPHIC SCALE •.\ rTA.wR wm TRUSr 1 I IV PROPOSED ROAD RE-uiauERT I I •:.•O ' 7 r • 4P I .>' _ID DE 4 I: " 3 70''750. I • u^-°ai JI JI, . I +4 �, .....„ 44.0 ,-i „, „, , ..,,,,,,,. A 44 ;a ILLLLi 0 /,' LEGEND oil, �,.'. '� I • ID .MoPEW NDC.P •4 / //� m° Ma _SUM I CENTERLINE;:::. I 1 ■RECORD OW PER PUT I,#I I r: :.•,::I —'.�...��-� // ❑ -OM SO CATCN so.RAPE 0 ee-tee \�::' ':i.,:.- ::::"' �' r j,/ f) -El4sr sTOLa STRUCTURE •4'/'4, p WST POILOWND OR Unutt POLE @o- oar. vu •I JOJJJ• _y.,�•.�— " I OMST PDT DIRE w sm n RE �,#,I�� _` -----0717.11 FORK.'NOOKSA�K RIVER oss. © °AS,'�°R""°ET 1 IV/i/!«'� _-AXON ROAD cosss SOUTH o E:ST POWER.eOVNUOSan Z,_—p uaT POLE wn UTILITY POLE e .E14°T WOW.. OPTION 1 I — ---•_ .ER °W�D,(m WE'RE ® �% .:;a'y41,, // --- -ms TREE T O a I I F`// en�� ,.� II I �� 11 t; . , ;' • ROW ARFAS(50.ROWI; 5%%%Y'��� .0' •"' //�/• QRNATO0u WO TROTS ROOT sr(Dana T) """^'$.,,,,^ ...+.'/i"" I / am •5555.9“,5"' �/� •Rxna sr lavna 1,3) / I tt......,11.13.1 or�b NOUN TREE .Rases(DPTR», P a �'= -'�//%i so war.RESOURCES NU T s<00110L p I• ME °OLD Q Wool 0) - - —— OPTION 2 J MUM rag DAT[19N09 CO .. i_, -,, SHEl7 LDES,INC. O owonm�DA,L R SAXON ROAD r 5160 INDUSTRIAL PL#108 SAXON ROAD • \J � ? FERNDALE,WA 98248 ` JOB#8016 FORLUMMI INDIAN BUSINESS COUNCIL � 1 /-�\' PHONE 360-383-0639 360-383-0620 60-383 0 390 / ROW TAKE EXHIBITS 05 • • • • 1 Legal Description of Saxon Road Right of Way Through Parcels 370527347414 and 370527350365 A 40.00 foot strip of land for roadway right of way, over,upon and across portions of Gov't Lots 2 & 3, section 27,Township 37 North,Range 5 East,Washington Meridian,the following right of way being 20.00 feet on each side the centerline described as follows: Commencing at the north quarter corner of said Section 27; thence South 40°13'10"East a distance of 2063.33 feet to a found rebar&cap marked"Steel", as described on the certain Record of Survey on file in Whatcom County as AF#920224087; thence South 00°13'57"East a distance of 30.29 feet to a point on a curve being the point of beginning of which the radius point bears North 37°33'23"West a distance of 270.00 feet; thence southwesterly along said curve through a delta angle of 27°49'05"an arc distance of 131.09 feet; thence south 80°15'43"West a distance of 372.74 feet to a point of curvature of which the radius point bears North 09°44'17" West a distance of 1314.00 feet; thence westerly along said curve through a delta angle of 05°42'52"an arc distance 131.05 feet to a point of reverse curvature of which the radius point bears South 04°01'25"East a distance of 2076.00 feet; thence westerly along said curve through a delta angle of 03°21'17"an arc distance of 121.56 feet to a point of reverse curvature of which the radius point bears North 07°22'43" West a distance of 1737.00 feet; thence along said curve through a delta angle of 04°49'53" an arc distance of 146.47 feet; thence South 87°27'11"West a distance of 123.74 feet to a point of curvature of which the radius point bears North 02°32'49"West a distance of 400.00 feet; thence northwesterly along said curve through a delta angle of 32°18'15" an arc distance of 225.52 feet; thence North 60°14'35"West a distance of 200.36 feet to a point of curvature of which the radius point bears South 29°45'25"West a distance of 4560.00 feet; thence southwesterly along said curve through a delta angle of 01°36'15"an arc distance of 127.67 feet to a point of reverse curvature of which the radius point bears North 28°09'11"East a distance of 400.00 feet; thence northwesterly along said curve through a delta angle of 33°31'46"an arc distance of 234.08 feet; thence North 28°19'03"West a distance of 62.50 feet to a point of curvature of which the radius point bears South 61°40'57"West a distance of 221.00 feet; thence northwesterly along said curve through a delta angle of 31°20'05" an arc distance of 120.86 feet to a point of reverse curvature of which the radius point bears north 30°20'52"east a distance of 295.00 feet; thence northwesterly along said curve through a delta angle of 28°32'21"an arc distance of 146.94 feet; thence North 31°06'47"West a distance of 100.87 feet to a point of curvature of which the radius point bears South 58°53'13"West a distance of 1031.00 feet; thence northwesterly along said curve through a delta angle of 9°51'44" an arc distance of 177.46 feet to a point of reverse curvature of which the radius point bear North 49°01'29"East a distance of 1738.00 feet; thence northwesterly along said curve through a delta angle of 7°43'02"an arc distance of 234.09 feet to the southerly right of way line of a proposed 50.00 foot right of way, and said centerline there terminating. The side lines of the described 40 foot strip are prolonged or shortened to terminate on a line bearing North 00°13'57"West from the found rebar&cap marked"Steel"and on the southerly right of way line of a proposed 50.00 foot right of way. 4 a3�t`iF4 3' .f& f e� �'' y 3 h 3 a'N a%y ! /� (� fi,7 '' � t `'+ F ss £ 4A v.ar` ,iy �,a5 '',l l/tZ�1t 14 N�1.'1 t 1 +k � . a- > / ` - iii,. is ... `t ` aQ° � �:�"�a � � � "'. � ✓�/ �s� �1•� k Sad` s v �`.. .4�sOv / ? a ' %. § 3 ' u ' Wh:at`com `dc��r�us=t / � �� � ,„:,,,,,,,",..„,„,,,",.:,,,,,,„ ,w� z rah q� ` 3 ; as 3 ky f Sr s+. ` y''k r 3 1 3 � 3 r3f by gy of �., ,F. d � ,� 'a 'may 3:S�A' �i.i _.�2,:::-,A:7.1•,"1 + '.: o �� j Lummi Nation I, � � � r h , I �j} 1 5� III iti[ ▪ e� _ ems, r M' f A f,/ s,,. t s A,�zf YF a4 ,.F - 77 6 5 ,' l q _▪ �� _di. ' t • P.:":".. C a d 4 ,�4� ' a t o e a, to g .r '� y t'i '� n,. ,0. b I� l4 i3 tA ,w'-3 -,lH' Acme �/ F 1 ri• r/ g, �y 8 3 1• J , - 3Y/- �. _1/ -�� ors F,, <!� ', ems' s-. /,�," ..,:.0,:12• !� r�r �p 3 Saxon Rd r �/ � � � a errs ;� � _ I Project Location.i___!; Feet 0 0 125 250 375 500