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Home My WebLink Aboutres2003-043WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -240 CLEARANCES initial Date Date Received in Council Office ends Date Assigned to. horn Joe Joe Run JPR V"3 V"3 6/17/03 Introduction D ivision Head: p J( A 7/8/03 Hearing Dept. Head: Je Momen. Its 05 Prosecutor Purchavingamaken Execudve: ish1 0 SUBJECT: Resolution regarding vacating that portion of Lummi View Drive lying in government lots 8, 91 & 10 of Section 2, Township 37N, Range 1E. ATTACHMENTS: 1. Memorandum to County Executive and Council 2. Report of the County Engineer 3. Resolution with exhibit "A" SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X J NO Should Clerk schedule a hearing ? (X)Yes,( ) NO Requested Date: July 8, 2003 SUMMARYSTATEMENT. This vacation is related to County Road Project No. 900905, "Lummi View Drive ", and the associated Interlocal Agreement between Whatcom County and the Lummi Indian Business Council for completion of the Lammi View Drive/Lummi Shore Road Project 2. As part of the above mentioned County Road Project a portion of Lummi View Drive is proposed for relocation due M instability of an adjacent eroding bluff. As a part of the right -of -way acquisition process for a portion of the relocated roadway, there is an expectation by land owners that sale of needed right -of -way on one side of their property will include vacation of the public's interests in the associated abandoned portion of road on the opposite side of their property. RECOMMENDED ACTION: Recommend approval. Distribution Request indicate those who should receive a copy alter Council action. List specific names to the right. ADS Facilities Management ADS Fhtance ADSHuman Resources ADS Info Services Assessor Auditor Coopertdve Extension District Court exhudve Health Hearing Examiner Jaa 2003 -240 6117/2003: Introduced 718/2003: Approved 7-0, Rest. #2003-043 Related County Contract #: Juvenile parts Planning Prosecutor PUNIC Warts Joe Bulan Sheriff Superior Cann Treasurer other Related File Numbers: Ordinance or Resolun Number. (this item): NAA I SPONSORED BY: 2 PROPOSED BY: Public Works -Engineering 3 INTRODUCTION DATE: 4 RESOLUTION N0. 2003 -043 5 6 A RESOLUTION VACATING A PORTION OF LUMMI VIEW DRIVE 7 8 WHEREAS, on April 8, 2003 Resolution Number 2003 -033 was presented to the County 9 Council and subsequently approved declaring the intention to vacate approximately 4000 feet of 10 Lantana View Drive/Lummi Shore Road, and 11 12 WHEREAS, the County Engineer's office has reviewed the portion of the county road 13 proposed to he vacated which is Class A -1 right-af -way, wherein public expenditures were made, 14 and no part lies within any platted subdivision and determined that the public would benefit from 15 said vacation, and, 16 17 WHEREAS, the originally established tight -of -way is proposed to be realigned as part of 18 the Lummi View Drive/Lummi Shore Road Reconstruction project and a vacation of interest is in 19 part a condition of acquisition of the needed right -o &way, and 20 21 WHEREAS, during the review of this proposed vacation the County Engineer has 22 recommended vacating a lesser area than described in the April 8, 2003 Resolution of Intent to 23 Vacate. 24 25 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the below 26 described right-af -way be hereby vacated, and as shown on attached exhibit "A ": 27 28 Said Vacation to be comprised of a portion of County Road #652 AKA Lummi Shore Road 29 as per the map on file with the County Engineers office titled Map of County Road #652, 30 Dated Nov. 22 1928, lying in Government Lots 8, 9 and 10 of Section 2, Township 37 North, 31 Range 1 East of W.M. Said portion further described as follows; 32 Beginning on the existing centerline of said County Road at the Point Curvature Station 33 159 +83.09, as per the map thereof entitled Lummi Shore Road — Lannon View Drive R.O.W. 34 Plan, produced by Rich Carter, PLS #32450 for the Lummi Nation Realignment of said 35 County Road, near the North line of the South one half of the South one half of Government 36 Lot 8 of said Section 2: Thence along the existing centerline of the portion of said County 37 Road #652, southeasterly, 2000 feet, more or less, to the Southerly line of Government lot 10 38 of said section 2. Less any portion to be dedicated to the new alignment, All situate in 39 Whatcom County, Washington. 40 41 APPROVED this 8 day of JULY , 2003. 42 43 ATTEST: WHATCOM COUNTY COUNCIL 4 49OM COUNTY/, WASHINGTON 45 //� 46 47 Dana Brown- Davis, Council CTerk Dan cShane, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS Jeffrey M. Munson, P.E. - Director DIVISION OF ENGINEERING Joseph P. Rutan, P.E. - Assistant Director 5280 Northwest Drive, Suite C Bellingham, WA 98226 MEMO TO: The Honorable Pete Kremer, Whatcom County Executive, and g Honorable Members of the Whatcom County Council gq RE C E I)/ E FROM: Joseph P. Rutan, Asst. Director /County Road Engineer gPlV JUNG 9 2003 CC: Jeffrey M. Monsen, Public Works Director DATE: June 6, 2003 PETE YKREMEN SUBJECT: Resolution Vacating of a Portion of Lummi View Drive Recommend Council approve attached resolution to vacate a portion of Lunnni View Drive. This recommended action is a lesser area than that described in the Resolution of Intent to Vacate approved on April 8, 2003 This vacation is related to County Road Project No. 900905, " Lummi View Drive ", and the associated Interlocal Agreement between Whatcom County and the Lummi Indian Business Council for completion of the Lummi View Drive/ Lummi Shore Road Project 2. This project proposes to realign a portion of Lummi View Drive and Lummi Shore Road due to instability of an adjacent eroding bluff. As a part of the right -of -way acquisition process for a portion of the relocated roadway, there is an expectation by land owners that sale of needed right -of -way on one side of their property will include vacation of the public's interest in the associated abandoned portion of road on the opposite side of their property. (See attached map of proposed vacation) You will note that the limits of the proposed vacation have been amended since the Resolution of Intent to Vacate was approved at the April 8, 2003 County Council meeting. The section of roadway designated at "Proposed Road Closure" on the attached map would be removed from the County road log and not maintained by the County. The County would retain the underlying right -of -way of this section of "CLOSED" roadway. County Road 652 AKA Lummi Shore Road and Lummi View Road was established primarily over "Indian Trails" that paralleled the beach at the top of the bluff. This road provides a spectacular scenic route for over 4 miles south from the mouth of the Nooksack before you get to the proposed bypass near the Portage. This road has been closed or partially closed many times due to erosion since its formalization by the BIA in 1928. The perpetuation of the roadway in this alignment is the current subject of a multimillion - dollar project involving right of way acquisition, beach armoring, wave anenuators, drainage control structures and a major road reconstruction. The US Army Corps of Engineers has already determined that they will not allow similar remedies through this reach of the bluff due to fisheries issues and beach dynamics on Hales Passage. This area around the Portage was an important summer village of the Lummi people. They have indicated they will not be interested in any further right of way grants in this area. The archaeological concerns alone may make construction Phone: 13601676 -6730 County: 13601380 -8110 FAX: 13601676 -6558 financially unfeasible and permitting impossible The road is not safe in its current condition. A likely outcome if we do not relocate, is the road will continue to deteriorate, we will not be able to obtain the required permits or right -of -way for remediation and we will be forced to close the road. This was the original, and for many years the only, route to the Lummi Island Ferry. It is unquestionably an important scenic route and this bypass may be the only way to assure the continued existence of this connecting route. Two issues of statutory intent are the potential bar to vacation due to the road "abutting" a body of water and the compensation to the County for the vacation. In 1970 the Attorney General analyzed the definition of "abutting " and the overall purpose of this law. In this analysis he admits there may be a more limited view argued as to whether the sideline or margin meets the test of abutting, however, in summary he believes the legislative intent to be to protect "existing access to water." As opposed to the rest of Washington State, on the Lummi Reservation, the tideland/upland boundary is not clear -cut. Judge Kurz ruled, in a criminal case involving woodcutting on the beach, that the tideland grant in the treaty extended to Extreme High Tide and the logs had to have been carried there by the water and therefore were on Lummi Tribal land. The AG goes on to state; a line inward from the line of ordinary high tide would not provide access to the water except during extreme tide events and could not be considered "existing access ". Based on this analysis there appears to be a fairly solid position that this road does not provide access to the water, and would not be subject to the law barring vacation of roadways providing access to water. Compensation is a non -issue in my estimation. The proponent is obtaining the new right -of -way alignment. If you factor in the cost of the new road in comparison to the value of the existing roadway improvements on the old alignment, project maintenance costs and reconstruction costs for both alignments, the County is getting a good financial deal. Procedurally this is consistent with the County's past practice of realignment and abandonment, wherein we obtained new right -of -way from the adjoiners in a better, safer, cheaper location and we conditioned the grant to include the abandonment of the old alignment. To avoid the vacation process it had to be a new alignment of a similar service level, serving the same people connecting the same general areas. I think this meets this test, although I agree for procedural due process and public notice it should now go though the vacation proceeding. Plwne: 13601 676 -6730 County: 13601 380 -8110 FAX: (360) 676 -6558 REPORT OF THE COUNTY ENGINEER (Whatcom County Code 12.20.050) IN THE MATTER OF THE VACATION OF A COUNTY ROAD KNOWN AS COUNTY ENGIP A portion of Lemont View Drive REPORT r 1 1, the undersigned County Engineer of Whatcom County, State of Washington. being duly directed by the Whatcom County Council to examine and report on County Road Said Vacation to be comprised of a portion of County Road #652 AKA Lummi View Drive, as per the map on file with the County Engineers office tided Map of Comity Road #652, Dated Nov. 221928, lying in Government Lots 8,9 and 10 of Section 2, Township 37 North, Range 1 East of W.M. Said portion further described as follows; Beginning on the existing centerline of said County Road at the Point Curvature Station 159+83.09, as per the map thereof entitled Lummi Shore Road — Lummi View Drive R.O.W. Plan, produced by Rich Carter, PLS #32450 for the Lamont Nation Realignment of said County Road, arm the North line of the South one half of the South one half of Government Lot 8 of said Section 2: Thence along the existing centerline of the portion of said County Road #652, southeasterly, 2000 feet, more or less, to the Southerly line of Government lot 10 of said section 2. Less any portion to be dedicated to the new alignment, All situate in Whatcom County, Washington, and Said portion of roadway proposed for vacation by the petition of: Whatcom County Engineer initiated a resolution of Intent in Vacate based on mutual benefits to accrue from the realignment and reconstruction of said road. Whatcom County Engineer did examine mid right of way mid report as follows: IN FAVOR X Said right of way should be vacated. L Subjectto Resolution of Intent W Vacate RCW 37.87.010. County Called] initiated, compensation to in be mutual benefits accruing. 2. Classification (12.20.060 F) WUIN FAVOR_ Said right of way should oat be vacated. Said right of way is now in use as a County Road. It will be advisable to preserve this right of way. The public will not be be benefited by this vacation. Class A X Public expenditures made Class B No public expenditures made or non- ascertainable from records Class 1 X No part thereof ties in any plat Class 2 Part or all lies within a platted subdivision Class 3 Did not remain unopened for public use for five or more years after the order made or authority granted for opening it. Class 4 Remained unopened for public use for five or more years after the order made or authority granted for opening it Class 5 Is contained within that portion of a plat which Is to be replotted Class 6 Abandoned in fact due to relocation of right -of- -way Class 7 Informalities exist in the records of title which are construed to invalidate and divest the public of any right, title, or interest in the right-of-way. The public will be benefited by this vacation. you X no i:`dvlfomc;\EngwcersRpt Wha om tyEngineer zo Date Exhibit "A" page I of 2 ■ ■ • ■ • mgr mr mi SMre EOP sb 229.0182 Exhibit "A" page 2 of 2 :D LUMMI VIEW /LUMMI SHORE ROAD ATION AND ROAD CLOSURE