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Home My WebLink Aboutres2009-036 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 -093A CLEARANCES Initia . ,elate Date Received in Council Office Agenda Date Assigned to: JP 3/30/09 D 4/14/09 Originator: Introduction � E V Introduction Division Head: 6 / 09 / 2009 Hearing Dept. Heath¢ 1161 APR - 7 2009 Prosecutor: . ✓/ ®/Og \i/VHATCOM OOUNTY rt Purchasing/Budget: N" Executive: 51-717 TITLE OF DOCUMENT: A Resolution Vacating a Portion of Grandview Road 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 Grandview Road 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: 4 / 14 / 2009 : Introduced 6 / 09 / 2009 : Council Approved 7 -0 Res . 2009 -036 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2009 - 036 /- 026o9 -093 c,00 ' o/ / 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. 2091201977 Page : 1 of 3 12/ 16/2009 9 : 23 AM RES $64 . 00 Whatcom County , WA Request of WHATCOM COUNTY COUNCIL RETURN DOCUMENT TO : MARINA ENGELS WHATCOM COUNTY COUNCIL OFFICE DOCUMENT TITLE ( S ) : RESOLUTION TO VACATE A PORTION OF GRANDVIEW ROAD REFERENCE NUMBER( S ) OF DOCUMENTS ASSIGNED OR RELEASED : Resolution Number: 2009-036 Preliminary Order of Vacation AR # 2090603055 Final Order of Vacation AR #2091201976 Additional reference numbers found on page of document. GRANTOR( S ) : Whatcom County Additional grantors found on page of document. GRANTEE ( S ) : Ron Bennett Additional grantees found on page of document. ABBREVIATED LEGAL DESCRIPTION ( Lot, block, plat, or section , township, range) Portion of County Road # 32 AKA Grandview Road , comprising the North 30 feet of the West 332 feet of the Northwest Quarter of the Northwest Quarter of Section 8 , Township 39 North , Range 2 East of W . M . Whatcom County, WA . Additional legal description can be found on page 2 of document. ASSESSOR'S PARCEL NUMBER : 390208 028510 0000 1 SPONSORED BY: Public Works 2 PROPOSED BY: Ron Bennett 3 INTRODUCTION DATE: April 14, 2009 4 RESOLUTION NO . 2009 -036 5 6 A RESOLUTION TO VACATE A PORTION OF GRANDVIEW ROAD 7 8 WHEREAS, on October 31 , 2008 ; Ron Bennett, submitted a petition for the vacation of a portion of 9 Grandview Road lying within the unincorporated area of Whatcom County, accompanied by the 10 penal 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. 14 WHEREAS, the County Council voted 7-0 on January 27, 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-6 17 right-of-way, wherein public expenditures were made, and said street was abandoned in fact due to 18 relocation of right-of-way, and has determined that the public would benefit from said vacation; and 19 WHEREAS, it' s unknown if there are public utilities located within the portion of the right-of-way to 20 be vacated, but an easement for said utilities will be retained by the County, and 21 WHEREAS, the fair market value has been determined to be $3 . 34 per square foot for 9,960 square 22 feet included within this portion of Grandview Road, making the total value of the area to be vacated 23 $33 ,266.00; and 24 WHEREAS, the County Real Estate Manager and County Engineer have reviewed said compensation 25 and determined it to be fair value; and 26 WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter 12 .20, 27 Whatcom County Code, and all other applicable laws; and 28 WHEREAS, the applicant has six calendar months from the date of the Preliminary Order of Vacation 29 to pay any remaining fees to the Whatcom County Council office, which checks made payable to the 30 Whatcom County Treasurer, prior to the vacation becoming effective, including but not limited to the 31 appraised value of the area sought to be vacated; and 32 WHEREAS, this vacation does not become effective until the fees are paid and the Final Order and 33 Resolution are recorded with the County Auditor; 34 35 36 37 38 1 NOW, THEREFORE, BE IT RESOLVED that it is the intention of Whatcom County 2 Council to consider vacation of the following described right of way: 3 4 That portion of County Road #32 AKA Grandview Road, comprising of the North 30 5 feet of the West 332 feet of the Northwest Quarter of the Northwest Quarter of 6 Section 8, Township 39 North, Range 2 East of W.M. Whatcom County, 7 Washington. 8 9 Basis of description: ROS AF # 2080202410. 10 11 SUBJECT TO and/or together will all easements, covenants, restrictions, 12 and/or agreements of record or otherwise, and 13 14 SUBJECT TO an easement retained by the County in respect to the vacated portion of right-of-way for 15 the construction, repair, and maintenance of any and all public utilities and services, now located on or 16 in the vacated portion, or planned for the future. 17 BE IT FURTHER RESOLVED that upon applicants ' completion of payment for the property and of 18 all other fees, a Final Order of Vacation shall be prepared by Council Staff, signed by the appropriate 19 parties, and recorded with the County Auditor; and 20 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within six 21 months from the date of the passage of this Resolution, the Preliminary Order of Vacation which is 22 `‘41 li b thittljy ized shall be withdrawn, and the right-of-way shall not be deemed to have been vacated. ��` ��1, Y C 23 % }%O 41:71A if •1 Y of June , 2009 24 _ V . O COUNTY = WHATCOM COUNTY COUNCIL 25 •t Pt- * -F- : r WHATC!�. COUN % , AS INGTON• 27 te:-.."6. 4 ■41.:-nes fir% AWN' 2 mwk 28 Lana B'ro Da/ g,•Couni$ Clerk S Fleetwo '< Council Chair• 29 31 • I" • OVEIA T44 ,F ) RM: . 1 32 33 Senior Civil Deputy Prosecuting Attorney 111 III I II I 2091201976 Page : 1 of 2 12116/2009 9 : 01 AM VACA $63 . 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#2090603055 GRANTOR(S) : WHATCOM COUNTY GRANTEE (S) : Ron . Bennett ABBREVIATED LEGAL DESCRIPTION : Portion of County Road # 32 AKA Grandview Road , comprising the North 30 feet of the West 332 feet of the Northwest Quarter of the Northwest Quarter of Section 8 , Township 39 North , Range 2 East of W . M . Whatcom County, WA . ADDITIONAL LEGAL DESCRIPTION ON PAGE ONE OF DOCUMENT. ASSESSOR' S TAX/ PARCEL NUMBER(S) : 390208 028510 0000 IN THE MATTER OF THE VACATION OF a portion of Grandview Road , filed by Ron Bennett, ET AL : FINAL ORDER OF VACATION WHEREAS, the Whatcom County Council did , on June 9 , 2009 , order the vacation of portion of Grandview Road , petitioned by Ron Bennett, et al . , and entered a preliminary order of vacation , recorded by the County Auditor June 16 , 2009 , under reference number AR # 2090603055 ; 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 $ 34 , 244 . 08 were paid by the petitioner on December 14 , 2009 ; NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road ( s) or portion ( s) thereof, described below , be vacated : Portion of County Road # 32 AKA Grandview Road , comprising the North 30 feet of the West 332 feet of the Northwest Quarter of the Northwest Quarter of Section 8 , Township 39 North , Range 2 East of W . M . Whatcom County , WA . Basis of Description : ROS AF# 2080202410 . 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) . ` Da` - t, e ei; 6 , 2009 • . a 0, WHATCOM COUNTY COUNCIL AT 11 HA TC • •� '� WHATCOM COUNTY, WASHINGTON : : O• COUN O$ . ,gastAK. t.IMPAh /1/ / Algor Da%a Broyfw f/ i v iste • anci`l .. lerk f` h Fleet , d , Council Chair • • I N G • • • • • •