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Home My WebLink Aboutres2007-010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 -114 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: dlg 01126107 "'o I J �V, 1K, ! � February 13, 2007 Introduction Division Head; 2/27/2007 Hearing Dept. Head: Prosecnlor: d1g 01126107 Fd.8 0 2401 Purchasing/ dget: 1'i1i Lill!' ,{0!1 i _F I.!:'; Executive: TITLt OFD CUMENT: Resolution Approving Grant of asement for Access and Utilities On Long - established Trail Across County Property ATTACHMENTS: Resolution Approving Grant of Easement, Map and Survey of County Property and Surrounding Area Where Easement Would Apply SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a !rearing? ( } Yes ( } NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide tine language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining lite intent of the action.) Hearing on proposed resolution to grant easement for access and utilities to Wayne Sherwood and his successors, owner(s) of Assessor's Parcel No. 390532 335474 0000, across a portion of County property located adjacent to Marshall Hill Road and identified as Assessor's Parcel No. 390532 354216 0000. COMMITTEEACTION.• COUNCIL ACTION: 2/13/2007: Introduced 2/27/2007: Council Approved 6 -1, McShane opposed Res. 2007 --010 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2007 -010 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: Consent PROPOSED BY: Public Works INTRODUCTION DATE: 01 /30 /07 RESOLUTION NO. 2007 -010 APPROVING THE GRANT OF EASEMENT FOR ACCESS AND UTILITIES OVER LONG - ESTABLISHED TRAIL ACROSS CORNER OF COUNTY -OWNED PROPERTY ADJACENT TO MARSHALL HILL ROAD WHEREAS, the County presently owns a small parcel of property which historically was a gravel pit adjacent to Marshall Hill Road northeast of Deming, designated by Assessor's Parcel No. 390532 354216 0000; and WHEREAS, for many years, apparently also prior to the County's acquisition of said property, adjoining property owners have accessed their property via a trail that crosses a corner of the County's property immediately upon leaving the County road; and WHEREAS, the property owners using this corner of the County's property for access to their own parcels have never obtained a formal written grant of easement or license to so use the County's property; and WHEREAS, access to these various parcels is practically limited to the access route through the County property; and WHEREAS, the County has neither interest nor obligation to maintain the trail in question, hereby disclaims any interest or responsibility in construction or maintenance of the same, and declares that the responsibility for construction and or maintenance of the same lies with those who are benefited thereby; and WHEREAS, the burden upon the County from continued use by others of the trail for access and utility purposes under a formal grant of easement appears to impose no greater practical encumbrance upon the County than has existed since the County's acquisition of its parcel; and WHEREAS, the particular landowner who has submitted the request for a formal grant of easement in this instance is Wayne Sherwood, owner of a parcel designated as Asse'ssor's Parcel No. 390532 335474 0000, who accesses property via the afore - mentioned trail across the County property; and WHEREAS, Mr. Sherwood has obtained, through a surveyor, a precise legal description of the trail as it crosses County property, which is attached hereto as Exhibit A; and WHEREAS, the Property Management Committee for Whatcom County on January 24, 2007, reviewed Mr. Sherwood's application for a formal grant of easement across the County property and is recommending to this Council that a formal grant of a non - exclusive easement Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 be made to Mr. Sherwood and his successors in interest by the County's execution of a quit claim deed of such easement in favor of Mr. Sherwood; and WHEREAS, this Council has been fully advised in regard to this matter, and having determined that the requested and recommended conveyance of a formal non - exclusive easement for lawful access and utilities is appropriate; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the County Executive and staff working at his direction are hereby requested to effectuate by quit claim deed the granting of a non- exclusive easement to the requesting party for purposes of lawful access and placement of utilities across that portion of County property as described in the attached Exhibit A. ADOPTED this 27 day of February, 2007. C C1 a Bldvn- Davis, •.SHING .' 41 0, I A PR ED A TO FORM Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Council Carl Weimer, Council Chair Page 2 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive proved ( } Denied Date Signed: C,,�q `,o EXHIBIT A Legal Description Access & Utilities Easement (WHATCOM COUNTY TO SHERWOOD, ET AL;) A thirty foot (30') wide easement for Ingress, Egress & Utilities lying over under and across a portion of an existing road as shown on that Record of Survey Map for Carol E. Metzger recorded under auditor's file number 2010304040, records of Whatcom County, Washington, within the Northwest Quarter of the Southeast Quarter of Section 32, Township 39 North, Range 5 East, W.M., The Centerline of said 30' wide easement described as follows: Commencing at the Northeast Corner of the Southeast Quarter of said Section 32; Thence North 88 °51'57" West along the North line of said Southeast Quarter, for a distance of 1,527.71 feet to an iron pipe (PLS #9947) on the westerly line of "Parcel A" as shown on said Record of Survey Map; Thence South 02 °38'00" West along said westerly line of "Parcel A" for a distance 67.79 feet to the Northerly line of the "Owen/Raper Gravel Pit" (Parcel #390532 387245) currently owned by Whatcom County; Thence North 79 °16'53" East along said Northerly line of the "Owen/Raper Gravel Pit" for a distance of 30.37 feet to the Northeast comer of said "Owen/Raper Gravel Pit "; Thence South 10 °43'07" East along the Easterly line of said "Owen /Raper Gravel Pit" for a distance of 50 feet more or less to the centerline of an existing road, being the Point of Beginnin for the centerline of herein described Easement; Thence Southwest along said road centerline for a distance of 120 feet more or less to a point on the Northerly right -of -way of Marshall Hill Rd. (County Rd. #289) said point being the terminus of above described centerline. Sidelines of said easement being lengthened or shortened as necessary. Situate in Whatcom County, Washington. SEE ATTACHED EXHIBIT B - SKETCH Basis for above Easement: Record of Survey AF# 2010304040 Prepared by Larry Steele & Associates, Inc. Land Surveyors. 1323 Lincoln St Bellingham WA 98229 360- 676 -9350 Jab #10306 January 15,2007 Zfpcfiles /sherry/legall10306 Sherwood Access Easement (0l 1507).doc LA .0- "EXHIBIT B" \ 1p, C3 cn," 24 > CD Z4 CtL wo 0 z .4 (A to V3. JA m 0) S02*38'oo-w 0 (IN FEET) 200 400 5C:ALE: P = 200' z, SEE ROS #.-to,6+ TO SECTION CORNER 2649.44' - S.02'49'55"w z�. W51'030 E .440.04' z cc CA rn r- -4 ---7 F9, EXI511.1413. . A�SS F `�2-01030qoqo 'vVVV IV- 0, N. OD CD < 0 Jill >0 W/ Gt JEW ..0 =9-0 Z CA .�qcb M ;u > —j?�- r CA (A > . C) M' cl z 0 0> z 1304.77' EXHIBIT D (Easement Area) Page 9 of 9 LEGEND LEGAL D9WJZPTI0NS-- �` _ � . �W� . rr.r•wd el.a�r ru tis„ a ryn r w1°, r+•D �i .a.w.w wrroro.•ncr. EGkJIP!'IENT AND pR0CZ�.DURES NOTE, Ir,.uwra.o +►I.o.0 nlQaw�wsrwr wo r.rn wo a ..ae...wr..r � � A FN'LRO D'.},r rv,.a wanes fat, Dim MIrR O.GMO..... rP pranna ro Am.Krr,y. La h ¢Il'I,D NLINJK IIV rt ' /G.awowwnw OASIS CF SEARMS a ; j Ina • f°,uc ar Man3'u•ar - srDS am,� s, �°uu. - mr� 3 'i ,mfr r - - -- l` tR.c v�.0 a a,>, p1w918 of sA las 4e � BEG IDN CRENCGOIII� s� .°:�i.a.�ma.ousr.( -■w xn. rf OGD J/ 11116]1 CEO -MAX '[RUST (1900) 3 4.0 ACRES yy Y � � 1 } iefE a now fv Ia, Sw X1 ., L 1 DC6 v/ 11rw, CAROL E. METZGER (1990) a a9 i• =01 ArAi9 T6 R/W g u f30W 9 S ' ,... •' u.� •1�►...cr_ aLiDA GRK�CISCG d C7 wu+wq f�xr Tar •'r w 4 I'I--�� C 3 2 �,yp ar ,�°; if a m r•' ,� cn r BE1'ERtY I. y ° ALOA C Z flOP£R- SICUAYI FRANCISCO R OK id91 A;JgS TO R/N - 30.79 AQliS To Ir%A' � i ^ C ` 156ySK' r'4- + i $ o m �.I• .t ''lam u 'yi1 Ma6'�I'E y [f 1 J if 1 YH1 •j, y r� Z s y 1 �I x1 •, , MAC fr., v 9n.. rm Iul N r wAw co r n A si west 3 •F� 113 a m t] .ZR k •' ; p 1 wraae� ti , � ex ._' •� _� >•>F>o tl a• ^ x1 F r i lvp 1j m G F °er •ink "°„ "LL sww 1 ,u >M •axar, o..aa I I ra 14 a+1[p H r.epx r 5fp. Tw V Dq o.au .Ax a.1¢ T 1.• Page 9 of 9