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Home My WebLink Aboutres2006-057WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2006 -321 CLEARANCES I tial Datg Date Received in Council Office Agenda Date Assigned 1 Introduction Council Originator Ty Whitcomb, P.LS. JUL 1 S 2006 i r� , ,!"c ' r�1d s "irtL � (,�i�lj C�r��ir 00 J 1! C, L 7/25/06 Division Head: Joseph P. Rulan P.L A/26/06 Dept. Head: Jefftrey Monsen P.E. -71,1 Prosecutor Purchasing/Budget: Executive: !/ o SUBJECT. Petition o vacateaKportion of county Right of Way in Willey's Lake Terrace No. 2 as filed by VanderMeulen et al ATTACHMENTS: LResolution for approval of Pacation 2. Map of area proposed for Vacation 3. County Engineers Report and Memo 4. Copy of original petition SEPA review required? () Yes (X) No SEPA review completed? () Yes ( ) No Related County Contract #. Should Clerk schedule a hearing: ( X ) YES () NO Requested Date: SUMMARYSTATEMENT: A petition to vacate County Road right of way described as follows A portion of County Road right of way situate in the Northwest quarter of the Northeast quarter of Section 33, Township 40 North, Range 2 East of W.M., said portion more particularly described as follows: All that part of Crestview Road Lying between Block 3 and Block 5 and lying Easterly of the Easterly right of way fine of Terrace Street projected. All as platted in Willey's Lake Terrace Division No. 2, as recorded in Book 12, Page 13 and 14 of Plats, Whatcom County, Washington County Engineer has examined said petition and determined the right of way is useless and the Public will benefit from approval of aid petition. Ordinance & Resolution To keep down our copying costs, indicate receive a copy after Council action. Distribution: Request only those who must List names to the right. ADS Facilities Management ADS Finance ADS Yuman Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health RECOMMENDED ACTION. Approval upon payment Hearing Examiner Jail Juvenile Parks Planning COUNCIL A CTION TAKEN. 7/25/06: Introduced 9/26/06: Council Approved 6 -0, Nelson absent Res. 2006-057 Prosecutor Public Works Sheriff Superior Court Treasurer 1 SPONSORED BY: Public Works 2 PROPOSED BY: VanderMeulen et al. 3 INTRODUCTION DATE: July 25, 2006 4 5 RESOLUTION NO. 2006-057 6 7 IN THE MATTER OF THE PETITION TO VACATE A PORTION OF CRESTVIEW ROAD, A 8 PLATTED UNOPENED ROAD IN WHATCOM COUNTY 9 10 WHEREAS, on May 17, 2004, applicants Wade and Julie Vander Meulen, 7664 Terrace Road, 11 Ferndale, WA 98248, initiated a petition for the vacation of a portion of Crestview Road, and submitted 12 said petition with the requisite number of signatures for consideration of the petition, accompanied by a 13 penal sum of $682.00, to Public Works Engineering for the vacation of the following legally described 14 road: 15 16 A portion of County Road right of way situate in the Northwest quarter of the 17 Northeast quarter of Section 33, Township 40 North, Range 2 East of W.M., said portion more 18 particularly described as follows: All that part of Crestview Road lying between Block 3 and 19 Block 5 and lying Easterly of the Easterly right of way line of Terrace Street projected. All as 20 platted in Willey's Lake Terrace Division No. 2, as recorded in Book 12, Page 13 and 14 of 21 Plats, Whatcom County, Washington; and 22 WHEREAS, the County Engineer's office has reviewed the portion of the platted street 23 which is a Class B -2 right -of -way, wherein public expenditures were not made or are not 24 ascertainable, and part or all lies within the platted subdivision, and has determined that the public 25 would benefit from said vacation; and 26 WHEREAS, the fair market value has been determined to be $1.25 per square foot for 7,372 27 square feet included within this portion of Crestview Road, making the total value of the area to be 28 vacated $9215.00; and 29 WHEREAS, the County Engineer has reviewed said compensation and determined it to be 30 fair value; and 31 WHEREAS, the applicants have met all of the petition requirements, as set forth by Chapter 32 12.20 Whatcom County Code, Chapter 36.87 RCW, and all other applicable laws; and 33 WHEREAS, the applicants have six calendar months from the date the Resolution is passed 34 to pay all compensation and remaining fees to the Whatcom County Council office, with checks 35 made payable to the Whatcom County Treasurer, prior to the vacation becoming effective; and 36 WHEREAS, this vacation does not become effective until the fees are paid, and the Final 37 Order and Resolution are recorded with the County Auditor, and 38 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the right -of- 39 way described above, as petitioned for by applicants VanderMeulen, et al., be hereby vacated upon 40 fulfillment of the following conditions: 1) payment by applicants to the County of $9215.00 (7372 41 sq. ft. x $1.251sq. ft.); 2) payment to the County by applicants of all other required fees; and that a 1 Preliminary Order of Vacation to this effect be prepared by Council staff, signed, and recorded with 2 the County Auditor; and 3 BE IT FURTHER RESOLVED that upon applicants' completion of payment for the property 4 and of all other fees, a Final Order of Vacation shall be prepared by Council Staff, signed by the 5 appropriate parties, and recorded with the County Auditor; and 6 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within 7 six months from the date of the passage of this Resolution, the Preliminary Order of Vacation which 8 is hereby authorized shall be withdrawn[wc2], and the right -of -way shall not be deemed to have been 9 vacated. 10 11 .1111111110,� day of September 12 vi 14 .4 13 = V • o�` oouivnrafr . . 14 15 16 17 18 19 20 21 22 23 24 APPROVED AS TO FORM: ,Y-- hjjx , Senior Civil Deputy Prosecuting Attorney 2006. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON G,4 c ci cr�xl aurie Caskey -S hreiber, Council Chair 2069005044 Page: 1 of 2 10/31/2006 12 :55 PM VACA $33.00 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 - 2061000519 GRANTOR(S): WHATCOM COUNTY GRANTEE(S): Wade and Julie Vander Meulen ABBREVIATED LEGAL DESCRIPTION: Portion of Crestview Road ADDITIONAL LEGAL DESCRIPTION ON PAGE(S) TWO OF DOCUMENT. ASSESSOR'S TAX /PARCEL NUMBER(S): N/A IN THE MATTER OF THE VACATION OF a portion of Crestview Road, filed by Wade and Julie Vander Meulen, ET AL: FINAL ORDER OF VACATION WHEREAS, the Whatcom County Council did, on September 26, 2006, order the vacation of portion of Crestview Road, petitioned by Wade and Julie Vander Meulen, et al., and entered a preliminary order of vacation, recorded by the County Auditor on October 4, 2006 under reference number 2061000519; 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 $10,101.00 were paid by the petitioner on October 23, 2006; NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road(s) or portion(s) thereof, described below, be vacated: A portion of County Road right of way situate in the Northwest quarter of the Northeast quarter of Section 33, Township 40 North, Range 2 East of W.M., said portion more particularly described as follows: All that part of Crestview Road lying between Block 3 and Block 5 and lying Easterly of the Easterly right of way line of Terrace Street projected. All as platted in Willey's Lake Terrace Division No. 2, as recorded in Book 12, Page 13 and 14 of Plats, Whatcom County, Washington. 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). Dated October 27, 2006 ATTEST: 0011111!!lrgr�f� Dana 1"r(nrn -QAv* �uncl"Cl& �y STATE OF? %ice ••A'S'H � N C%�` • � `,�r� WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Laurie Caskey- Schreiber, Council Chair