HomeMy WebLinkAboutres2003-050WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -237
CLEARANCES
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Date
Date Received in Council O m
Agenda Dare
Assigned to:
Originator:
Joe Rulan
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5121
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1 �� �n l.0 Ih
JUN 3 0 2003
3'•"IHIATCOM Cauit -'
"OUNr
6/L7/03
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introduction
Division Head:
Hearing
Dept Head:
Je Monett
5/22
5
Prosecutor
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SUBJECT:
Resolution regarding vacating that portion of James Way as shown on Birch Bay Park, First Addition, lying
Westerly of Birch Bay Drive, Section 31, Township 40 North, Range 1 East, W.M.
ATTACHMENTS:
1. Memo to County Executive and Council with Attachment
2 Map of Proposed Vacation
3. Resolution
Related County Contract #:
Should Clerk schedule a hearing: NO// YES /X /Requested Date:
SUMMARY STATEMENT:
The petitioner requests vacation of all that portion of James Way
lying Westerly of Birch Bay Drive. Vacation of that portion of
James Way that now fronts on a residential lot and provides no
public access to the beach would improve residential use of said
lot. This is a reconsideration of a previously denied petition to
vacate considered in May of 2000. The applicant has agreed to
further negotiations for compensation in the event the Council
preliminarily approves the vacation.
Ordinance & Resolution
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Reahh
RECOMMENDED ACTION:
Recommend Approval of Resolution Denying Vacation
2003 -237 611712003. Introduced
71812003'. Tabled to 815
81512003. Approved 6 -0 Resolution 2003 -050
nearing Examiner
jail
Juvenile
Parks
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JOe RntaH
SheNJ/
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Ordinance or Resolution
(this item): Res- 2003-050
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Oki CI .:
INTRODUCTION DATE: 6/17/2003
RESOLUTION NO. 2003 -050
VACATING ALL OF THAT PORTION OF JAMES WAY
LYING WESTERLY OF BIRCH BAY DRIVE
WHEREAS, on October 17, 2001, Pete Hansen, et al., 7115 Birch Bay Dr., Blaine, WA
98230, accompanied by a penal sum of $682.00, submitted a petition for the vacation of a portion
of James Way, and interest in said vacation was assigned to Evelyn Christensen on February 19,
2002, and Ms. Christensen refilled said vacation petition on April 8, 2002 as represented by
Roger Almskaar Associates, Land Use Consultants, to Public Works Engineering for the
vacation of the following legally described road:
That portion of James Way as shown on Birch Bay Park, First Addition, as recorded in
Book 6, of Plats, Pages 16 -21, lying Westerly of Birch Bay Dr. as deeded under A.F. Number
898116. All situate in Section 31, Township 40 North, Range 1 East, W. M., Whatcom County,
Washington, and
WHEREAS, the County Engineer' s office has reviewed the portion of the platted street
which is a Class A -2 right of way, wherein public expenditures were made, and part or all lies
within the platted subdivision and determined that the public would not benefit from said
vacation, and
WHEREAS, the petitioner has offered to purchase the Right of Way from the County,
and has further discussed the potential for dedication of a private walkway easement across the
vacated portion of James Way and lot F of the Pete Hansen LLA, and has agreed to further
negotiation for compensation should the Council preliminarily approve the vacation, and
WHEREAS, the petitioner has met all of the petition requirements, as set forth by
Chapter 12.20, Whatcom County Code and all other applicable laws.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
petition to vacate the above described right -of -way be denied.
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APPROVED this 5th day ofAugus , 2003.
ATTEST:
Dana Brown- Davis, Council Clerk
APPROVED AS TO FORM AND CONTENT:
Civil Deputy Prosecuting Arty.
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
v. A
Dan McShane, Council Chair
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