HomeMy WebLinkAboutres2009-035 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 128
CLEARANCES Initiafl D to Date Received in Council Office Agenda Date Assigned to:
J ° tiA, i 4/14/09 inator: , E c E V E C Introduction ,
Division Head: 6 / 9 / 2009 Hearing
Dept. Head: air 3/3%1 APR 7 2009
Prosecutor _ o;ht f oq \ra 'SAT OM g jNTY
•
Purchasing/Budget: o.
Executive: 7 -7 -et
TITLE OF DOCU NT: A Resolution in the Matter of Vacating a Portion of Saxon Road: being a portion of County Road 566,
AKA, Saxon Road across Gov 't Lots 2 & 3, Section 27, TWN 37N, R5E. W.M.
1. Cover Memo
2. Resolution
3. Neighboring Land Owner 's Petition
4. Engineer 's Report
5. Interlocal Agreement w/maps
SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 3/17/09
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 in the matter of vacating a portion of Saxon Road is submitted per RCW 58. 17& 36. 87 and WCC 1240.
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:
4 / 14 / 2009 : Introduced
6 / 09 / 2009 : Council Approved 7 -0
Res . 2009- 035
Note : Effective pending completion of process
8 / 24 / 2011 : Process completed
Related County Contract #: • Related File Numbers: Ordinance or Resolution Number:
Res . 2009 -035
M Q UM - 057 Et4- 2OV7-aod.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website
at: n'ww. co. whatcom. wa. us/council
. . . . . . . . . . . . . _- .
1 SPONSORED BY : Public Works
2 PROPOSED BY : Lummi Nation
3 INTRODUCTION DATE: . March 26, 2009
4 RESOLUTION NO. 2009 - 035
5 A RESOLUTION IN THE MATTER OF
6 VACATING FOR REALIGNMENT A PORTION OF SAXON ROAD
7
8 WHEREAS , on December 15 , 2008 ; Lummi Nation and others, submitted a petition for the
9 vacation of a portion of Saxon Road lying within the unincorporated area of Whatcom
10 County, accompanied by the penal sum of $682 .00 and Interlocal Agreement 200901001 ,
11 and in exchange for replacement of vacated portion, with a new realignment of equal or
12 greater value, and
13
14 WHEREAS , as described in RCW 36 . 87 . 010, when a county road or any part thereof is
15 deemed useless the Whatcom County Council may declare its intention to formally consider
16 vacation, by resolution, and,
17 WHEREAS the Lummi Nation agrees that no vacation will occur until or unless realignment
18 has been performed and all conditions of Interlocal Agreement, Contract #20090.1001 , have
19 been met in full, and
20
21 WHEREAS , the County Council voted 7-0 on January 13 , 2009, to consider this vacation
22 request and directed the County Engineer' s office to report, and
23 WHEREAS , the County Engineer' s office has reviewed the portion of the road which is a
24 Class A- 1 , right-of-way, wherein public expenditures have been made, and has determined
25 that the public would benefit from said vacation; and
26 WHEREAS , there are public utilities located within the portion of the right-of-way to be
27 vacated, and per the Interlocal Agreement appropriate easements for utilities along the new
28 alignment will be provided by the petitioner, and
29 WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter
30 12.20, Whatcom County Code, and all other applicable laws ; and
31 WHEREAS, the vacation will become effective only upon approval and acceptance of the
32 new roadway per the Interlocal Agreement, and petitioner will pay any remaining fees to the
33 Whatcom County Council office upon approval and acceptance, which checks shall be made
34 payable to the Whatcom County Treasurer, and
35 WHEREAS , this vacation does not become effective until the fees are paid and the Final
36 Order and Resolution are recorded with the County Auditor;
37
38
39
40
41
1
2 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council vacate the
3 following described right of way: Approximately 3,000 lineal feet of right of way,
4 more or less, of existing Saxon Road : being a portion of County Road 566, AKA,
5 Saxon Road across Gov't Lots 2 & 3, Section 27, TWN 37N, R5E. W.M.
6
7 SUBJECT TO and/or together will all easements, covenants, restrictions,
8 and/or agreements of record or otherwise, and
9
10 BE IT FURTHER RESOLVED that upon applicant' s completion of payment ofall fees due
11 to Whatcom County, a Final Order of Vacation shall be prepared by Council Staff, signed by
12 the appropriate parties, and recorded with the County Auditor; and
13 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled and the
14 new road alignment is not approved and accepted by the County Engineer, the Preliminary
15 Order of Vacation which is hereby authorized shall be withdrawn, and the right-of-way shall not be
16 deemed to have been vacated.
17 APPItrithic en /qv of June , 2009
J . • I A ..•2
18 �.�• O •,Q� '� WHATCOM COUNTY COUNCIL
19 N 'F • UN - • r : WHATCO Oak TY ' J• SH GTON
20 •
22 Iona Bx. : -Dauis;,e• •ty Cork Seth - etwood, ' ouncil Chair
23
H G • •
ItS',�C, • • • • • • • • C.
27 Senior Civil Deputy Prosecuting Attorney
2110802460
Page : 1 of 5
8/24/2011 10 : 17 AM
VACA $66 . 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
REFERENCENUMBER OF RELATED DOCUMENT:
Preliminary Order of Vacation - AR #2090603056
Right of Way Deed - AR #2110802454
Right of Way Deed - AR #2110802455
Right of Way Deed - AR #2110802456
GRANTOR(S) : WHATCOM COUNTY
GRANTEE (S) : Lummi Nation , Whatcom Land Trust, and Longview Timber
ABBREVIATED LEGAL DESCRIPTION :
Approximately 3 , 000 lineal feet of right of way, more of less, of
existing Saxon Road ; being a portion of County Road 566 , AKA
Saxon Road across Gov't Lost 2 & 3 , Section 27 , TWN 37N , R5E,
W . M .
ADDITIONAL LEGAL DESCRIPTION ON PAGES 2 AND 3 OF DOCUMENT.
ASSESSOR' S TAX/ PARCEL NUMBER( S) :
370527 266447 0000 .
370527 3474140000
370527 350365 0000
370527 462450 0000
IN THE MATTER OF THE VACATION OF a portion of Saxon Road , filed by Lummi
Nation , Whatcom Land Trust, and Longview Timber, ET AL :
FINAL ORDER OF VACATION
WHEREAS, the Whatcom County Council did , on June 9 , 2009 , order the
vacation of a portion of Saxon Road , petitioned by Lummi Nation , Whatcom Land
Trust, and Longview Timber, et al . , and entered a preliminary order of vacation ,
recorded by the County Auditor on June 17 , 2009 under reference number
2090603056 ; 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
remaining costs and expenses have been waived by Whatcom County ; and
WHEREAS, all parties of the Interlocal Agreement, recorded by the County
Auditor on March 11 , 2009 under reference number 2090301684, have completed all of
their responsibilities ; and
WHEREAS, the new roadway has been approved and accepted by the County
Road Engineer ;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the
road (s) or portion (s) thereof, described below, be vacated :
RIGHT-OF-WAY, (WHATCOM LAND TRUST), PARCEL No 370527 266447 0000
A 50 - FOOT STRIP OF LAND FOR RIGHT-OF-WAY PURPOSES IN THAT PORTION OF GOVERNMENT
LOT 2 AND 3 OF SECTION. 27, TOWNSHIP 37 NORTH , RANGE 5 EAST, W . M . , BEING DESCRIBED
AS FOLLOWS :
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27 ; THENCE SOUTH
39° 02 '09" EAST A DISTANCE OF 681 . 72 TO A FOUND REBAR AND CAP AS DELINEATED ON
THAT CERTAIN RECORD OF SURVEY RECORDED ON WHATCOM COUNTY AUDITOR'S FILE NO .
920224087 ; THENCE SOUTH 00° 1337 " EAST ALONG SAID SURVEY LINE A DISTANCE OF
911 . 84 FEET TO THE POINT OF BEGINNING ; THENCE NORTH 59° 27 '31 " WEST A DISTANCE OF
1318 . 08 FEET TO A POINT OF CURVATURE OF WHICH THE RADIUS POINT BEARS NORTH
30 ° 32 '29 " EAST A DISTANCE OF 685 . 00 FEET ; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A DELTA OF 26° 36'54" AN ARC DISTANCE OF 318 . 20 FEET; THENCE NORTH
32° 50 '37 " WEST A DISTANCE OF 52 . 55 FEET; THENCE SOUTH 57 ° 09'23 " WEST A DISTANCE OF
5 . 00 FEET TO INTERSECT THE NORTH MARGIN OF EXISTING COUNTY ROAD NO . 566, BEING A
40- FOOT WIDE RIGHT-OF-WAY AND 20 FEET FROM AS BUILT CENTERLINE KNOWN AS SAXON
ROAD ; THENCE SOUTH 32° 50 '37" EAST ALONG SAID MARGIN A DISTANCE OF 230 . 21 FEET TO
A POINT OF CURVATURE OF WHICH THE RADIUS POINT BEARS NORTH 57 ° 09 '23 " EAST A
DISTANCE OF 1718 . 00 FEET ; THENCE SOUTHEASTERLY ALONG SAID CURVE AND MARGIN
THROUGH A DELTA OF 2°41 '29 " AN ARC DISTANCE OF 80 . 70 FEET TO A POINT ON A CURVE OF
WHICH THE RADIUS POINT BEARS NORTH 36° 34 '44" A DISTANCE OF 735 . 00 FEET; THENCE
SOUTHEASTERLY ALONG SAID CURVE THROUGH A DELTA OF 6 °02 ' 15 " AN ARC DISTANCE OF
77 . 45 FEET; THENCE SOUTH 59 ° 27 '31 " EAST A DISTANCE OF 1347 . 86 FEET ; THENCE NORTH
00 ° 13 '57 " WEST A DISTANCE OF 58 . 19 FEET TO THE POINT OF BEGINNING .
CONTAINING AN AREA OF 75 , 711 SQUARE FEET MORE OR LESS .
SITUATE IN WHATCOM COUNTY, STATE OF WASHINGTON
RIGHT-OF-WAY, ( LUMMI NATION ), PARCEL Nos . 370527 347414 0000 & 370527
350365 0000
A 50- FOOT STRIP OF LAND FOR RIGHT-OF-WAY PURPOSES IN THAT PORTION OF GOVERNMENT
LOT 2 OF SECTION 27, TOWNSHIP 37 NORTH , RANGE 5 EAST, W . M . , BEING DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27 ; THENCE
SOUTH 39 ° 02 '09 " EAST A DISTANCE OF 681 . 72 TO A FOUND REBAR AND CAP AS DELINEATED
ON THAT CERTAIN RECORD OF SURVEY RECORDED ON WHATCOM COUNTY AUDITOR'S FILE
NO . 920224087 ; THENCE SOUTH 00 ° 13 '57 " EAST ALONG SAID SURVEY LINE A DISTANCE OF
911 . 84 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 59 ° 27 '31 " EAST A DISTANCE OF
64 . 51 FEET TO A POINT OF CURVATURE OF WHICH THE RADIUS POINT BEARS NORTH
30 °3229 " EAST A DISTANCE OF 800 . 00 FEET ; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A DELTA OF 64°08'02 " AN ARC DISTANCE OF 895 .48 FEET; THENCE SOUTH
00 ° 13 '57 ' EAST A DISTANCE OF 59 . 12 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS
POINT BEARS NORTH 31 ° 24'02" WEST A DISTANCE OF 850 . 00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A DELTA OF 61 ° 56'31 " AN ARC DISTANCE OF 918 . 93 FEET;
THENCE NORTH 59 ° 27 '31 " WEST A DISTANCE OF 34 . 73 ; THENCE NORTH 00 ° 13 '57 " WEST A
DISTANCE OF 58 . 19 FEET TO THE POINT OF BEGINNING . CONTAINING 47,838 SQUARE FEET
MORE OR LESS . SITUATE IN WHATCOM COUNTY, STATE OF WASHINGTON .
RIGHT-OF-WAY, ( LONGVIEW TIMBERLANDS LLC) , PARCEL No. 370527 462450 0000
A 50 - FOOT STRIP OF LAND FOR RIGHT-OF-WAY PURPOSES IN THAT PORTION OF GOVERNMENT
LOT 1 OF SECTION 27, TOWNSHIP 37 NORTH , RANGE 5 EAST, W . M . , BEING DESCRIBED AS
FOLLOWS : COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27 ; THENCE
SOUTH 88° 23 '43 " EAST ALONG THE NORTH LINE THEREOF A DISTANCE OF 1317 . 33 FEET TO A
POINT AS DELINEATED ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER WHATCOM
COUNTY AUDITOR'S FILE NO . 970130054 ; THENCE SOUTH 02 ° 15 ' 10 "WEST ALONG THE WEST
LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 927 . 23 FEET TO INTERSECT A PROPERTY
LINE AS DELINEATED ON THAT CERTAIN RECORD OF SURVEY AND DEED RECORDED UNDER
WHATCOM COUNTY AUDITOR'S FILE NO . S 920224087 AND 911118128 RESPECTIVELY ;
THENCE SOUTH 70 °47'19" EAST ALONG SAID PROPERTY LINE A DISTANCE OF 52 . 32 FEET TO A
FOUND POINT AS DELINEATED ON SAID SURVEY ; THENCE SOUTH 00 ° 13 '57 " EAST ALONG SAID
PROPERTY LINE A DISTANCE OF 475 . 40 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO
BEING A POINT ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 33 ° 35 '33 " WEST A
DISTANCE OF 800 . 00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A DELTA
OF 21 ° 14'09 " AN ARC LENGTH OF 296 . 51 FEET; THENCE SOUTH 54 °49 '42" EAST A DISTANCE
OF 5 . 00 FEET TO INTERSECT THE NORTH MARGIN OF EXISTING COUNTY ROAD NO . 566, BEING
A 40- FOOT WIDE RIGHT-OF-WAY KNOWN AS SAXON ROAD, SAID POINT ALSO BEING A POINT
OF CURVATURE OF WHICH THE RADIUS POINT BEARS SOUTH 54 °49 '42" EAST A DISTANCE OF
140 . 00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE AND MARGIN THROUGH A DELTA
OF 2° 55 '47" AN ARC LENGTH OF 7 . 16 FEET; THENCE SOUTH 32 ° 14'31 " WEST A DISTANCE OF
16 . 47 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 57 °45 '29 "
WEST A DISTANCE OF 1090 . 00 FEET ; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH
A DELTA OF 4° 30 '01 " AN ARC LENGTH OF 85 . 61 FEET TO A POINT OF CURVATURE OF WHICH
THE RADIUS POINT BEARS SOUTH 53 ° 15 '29 " EAST A DISTANCE OF 865 . 00 FEET; THENCE
SOUTHWESTERLY ALONG SAID CURVE THROUGH A DELTA OF 9 ° 00 ' 15" AN ARC LENGTH OF
135 . 94 FEET TO A POINT ON A CURVE OF WHICH THE RADIUS POINT BEARS NORTH 38 ° 05 '24"
WEST A DISTANCE OF 850 . 00 FEET ; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH
A DELTA OF 6°41 '22" AN ARC LENGTH OF 99 . 24 FEET ; THENCE NORTH 00 ° 1337 " WEST A
DISTANCE OF 59 . 12 FEET TO THE POINT OF BEGINNING . CONTAINING AN AREA OF 8, 698
SQUARE FEET` 4140W ' U94&&ESS . SITUATE IN WHATCOM COUNTY, STATE OF WASHINGTON .
` �```�/ ,p O'b'+A on shall not, however, prejudice private rights , private
easerr , r$� ip i�ip i ,s,'�-ights of access , ingress, egress or passage .
b :0 COUNTY , r ;
Waled Awiitta4 , 2 Y41 .
• - WHATCOM COUNTY COUNCIL
ATTEST : ;• �ySTATE OF Z.•; WHATCOM COUNTY, WHIN• _ ON S.
es . Ay E&Aa
Dana Brown - tItwisi,i #ioUhcil Clerk am Crawford , Cou • I Chair
SPONSORED BY: Public Works
PROPOSED BY: Lummi Nation
INTRODUCTION DATE: . March 26, 2009
RESOLUTION NO. 2009-035
A RESOLUTION IN THE MATTER OF
VACATING FOR REALIGNMENT 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 Interlocal Agreement 200901001 ,
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
deemed 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 and all conditions of Interlocal Agreement, Contract #200901001 , have
been met in full, and
WHEREAS, the County Council voted 7-0 on January 13 , 2009, 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 road which is a
Class A- 1 , right-of-way, wherein public expenditures have been made, and has determined
that the public would benefit from said vacation; and
WHEREAS , there are public utilities located within the portion of the right-of-way to be
vacated, and per the Interlocal Agreement appropriate easements for utilities along the new
alignment will be provided by the petitioner, 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 vacation will become effective only upon approval and acceptance of the
new roadway per the Interlocal Agreement, and petitioner will pay any remaining fees to the
Whatcom County Council office upon approval and acceptance, which checks shall be made
payable to the Whatcom County Treasurer, and
WHEREAS , this vacation does not become effective until the fees are paid and the Final
Order and Resolution are recorded with the County Auditor;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council vacate the
following described right of way: Approximately 3,000 lineal feet of right of way,
more or less, of existing Saxon Road : being a portion of County Road 566, AKA,
Saxon Road across Gov't Lots 2 & 3, Section 27, TWN 37N, R5E. W.M.
SUBJECT TO and/or together will all easements, covenants, restrictions,
and/or agreements of record or otherwise, and
BE IT FURTHER RESOLVED that upon applicant' s completion of payment ofall fees due
to Whatcom County, 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 if the conditions set forth above are not fulfilled and the
new road alignment is not approved and accepted by the County Engineer, 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.
APPO llthi it��itgy of June , 2009
.. • . e . . 2 '
``\� : • H A TC0 •, �°•�t WHATCOM COUNTY COUNCIL
rte;., ' V_ UN • r WHATCO A 04 TY/ /• SH GTON
> crM
Dina 1* Da is„�( p, 'ty C rk Seth etwood, '`ouncil Chair
• . • HING ' •
::
• • . . • \
TraitY' 4 `ARM '
Senior Civil Deputy Prosecuting Attorney