HomeMy WebLinkAboutres2009-064 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 260A •
CLEARANCES Initial D to Date Received in Council Office Agenda Date Assigned to:
Originator: JP //
I . a F C Lam:2
i7 V (: D 9 / 15 / 09 Introduction
Division Head.: L� I t d 10 • o't 1-I€
idler
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Dept. Head.: 9)#& `
Prosecutor OthGI09 WHA CO COUNTY
Purchasing/Budget: �j CIL
Executive: ( -1 0?
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: (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 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
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Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Res . 2009 - 064
4/340 9- 2 6t o, &e- 02 as9 - 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.
1 SPONSORED BY: Consent
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE: 9 / 15 / 2009
4 RESOLUTION NO. 2009 -064
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6 VACATING A PORTION OF EDWARDS DRIVE, PT. ROBERTS, WHATCOM COUNTY,
7 WASHINGTON
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9 WHEREAS , on July 15 , 2003 , David Duncan submitted a petition for the vacation of a portion of
10 Edwards Drive lying within the unincorporated area of Whatcom County, accompanied by the penal
11 sum of $682 .00; and
12 WHEREAS , as provided in RCW 36. 87 .010, when a county road or any part thereof is considered
13 useless, the Whatcom County Council may declare by resolution its intention to formally consider
14 vacation; and
15 WHEREAS, the County Council voted 7-0 on May 26, 2009, to consider this vacation request and
16 directed the County Engineer' s office to report back to it on the request for vacation, and
17 WHEREAS, the County Engineer' s office has reviewed the portion of the street which is a Class A-2
18 right-of-way upon which public expenditures were made, and which in part or in its entirety lies within
19 a platted subdivision, and based upon that review has determined that the public would benefit from
20 said vacation; and
21 WHEREAS, it is unknown if there are public utilities located within the portion of the right-of-way to
22 be vacated, but in any event an easement for said utilities will be retained by the County, and
23 WHEREAS, the fair market value has been determined to be $ 11 . 11 per square foot for 1 ,213 square
24 feet included within this portion of Edwards Drive, making the total value of the area to be vacated
25 $ 13 ,476 .43 ; and
26 WHEREAS, the County Real Estate Manager and County Engineer have reviewed said compensation
27 and determined it to be fair value for the portion for which vacation is sought; and
28 WHEREAS, the petitioner has met all of the petition requirements as set forth by Chapter 12.20,
29 Whatcom County Code, and all other applicable laws; and
30 WHEREAS, prior to and as a condition of the vacation becoming effective, the applicant shall, within
31 six calendar months from the date of the Preliminary Order of Vacation, pay any remaining fees to the
32 Whatcom County Council office, including but not limited to the appraised value of the area for which
33 vacation is sought, checks for which should be made payable to the Whatcom County Treasurer; and
34 WHEREAS, this vacation will not become effective until the fees are paid and the Final Order and
35 Resolution are recorded with the County Auditor;
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7 NOW, THEREFORE, BE IT RESOLVED that it is the intention of Whatcom County
8 Council to vacate the following described right of way:
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10 Beginning at the Northeast corner of Lot 7, "Largaud' s Island Vista," Point Roberts,
11 Whatcom County, Washington, as per the plat thereof, recorded in Book 8 of Plats,
12 page 75 , in the Auditor' s office of said county and state; thence North along the East
13 line of said plat to a line 30. 00 feet Southerly and parallel to the centerline of
14 Edwards Drive; thence S . 76°35 ' W. along said parallel line to the Northerly
15 prolongation of the West line of said Lot 7 ; thence South, along said Northerly
16 prolongation to the Northwest corner of said Lot 7; thence N.76°35 ' E. along the
17 Northerly line of said Lot 7 to the Point of Beginning. Containing 1 ,213 square feet,
18 more or less . Situate in Whatcom County, Washington.
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20 SUBJECT TO and/or together with all easements, covenants, restrictions,
21 and/or agreements of record or otherwise, and
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23 SUBJECT TO an easement retained by the County in respect to the vacated portion of right-of-way for
24 the construction, repair, and maintenance of any and all public utilities and services, now located on or
25 in the vacated portion, or planned for the future.
26 BE IT FURTHER RESOLVED that upon applicants' completion of payment for the property and of
27 all other fees, a Final Order of Vacation shall be prepared by Council Staff, signed by the appropriate
28 parties, and recorded with the County Auditor; and
29 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within six
30 months from the date of the passage of this Resolution, the Preliminary Order of Vacation which is
31 hecglionath j ed shall be withdrawn, and the right-of-way shall not be deemed to have been vacated.
32 API�R`c�`` �jl Y ' • 17;Wa9,,9f November , 2009
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33 • O COUNTY0V. r WHATCOM COUNTY COUNCIL
34 1111 ST: * • - WHATCOM OUN WASHINGTON
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37 DCjya Brovey� �,js� ouhty Cork • Fleetwo •... , Council Chair
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39 /1, �-)' \ •\`�
40 s. . 0VVD 1 ' b`Ia • � :
41 Mint.' 1� r _/
42 enio . 'vil Deputy Prosecuting Attorney
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