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Home My WebLink Aboutord2003-00811'HATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084L CLEARANCES Initial Date Date Received in Council Office Agenda Dare Asseavalu: i Originator: ,Nan W Ai n ou .Z7-w 22 r� 22 p pp � E C E I V L SEP 17 2002 WHATCOM COUNTY COUNCIL. 9aY-o.2. Introduction ni.ision Head: Sylvia Goodwin 10/8/02 Natural Res. Deft Read : Hat Hart C 1 �!� - ✓1&V Y( Prosecutor. Karen brakes L 14 vii LLeaiv2j, PurehasingRndgee Eceaunve: Pete Kremen FT -I� SUBJECT: PropesYStcomprehensive plan and zoning amendment to expand a mineral resource land designation near Minaker Rd. south of Stands (Benner site). ArLCUICGtPR< otdoptt4"l 0.lywaiiiaL 'cusa4- tcN.Ce.lat be(i GrCrrli plea 7,.UCC4is� fblraaur w zei -tsi i- �G;yC'ritlCLO-t/ Y w o ATTAC ENTS: 2030505666 o f Page; 3 of 17 5 5/23/2003 3r57 7 PM (1) Planning Commission recommendation. ORO 435.00 Whatcem county. WA Note: Background materials are available Lr review of the Coun • Council a rce. Request of: WHRTCOM COUNTY COUNCIL SEPA review required? ( an ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x') NO SEPA review completed? ( x )Yes ( ) NO Requested Date: ' A hearing must be held if the Council changes the Planning Commission recommendation I WCC20.10.110. SUMMARY STATEMENT: The applicants, Rick and Debra Benner, Distributimt Request submitted an application to amend the Comprehensive Plan map from Rural ate a Mineral Resource Lands roxim and amend the zoning e map to create a MRL overlay zone for approximately 76 acres. The underlying Indicate More who should reserve a copy older Council action. List apeeifc names to the ri irl Aus Kaennim,xunugem coning is Rural one dwelling /ten acres (RIGA). The site is located at 4406 ADS Finance Minaker Rd., approximately 1 113 miles south ofSumas, within Section 11, ADS Human Resources T40N, R4E. W.M. ADS Info Services A proposed ordinance has not yet been drafted because the Planning Commission's recommendation is subject to submission of additional information and the findings will change based on the content of the information submitted. Assessor Keith Wilbmuer Auditor Cooperative �tmrsmrr D6mirr Court Executive Note: The subject proposal is one ofd number of comprehensive plan amendments initiated this year. These amendments must be considered Health Hearing Examiner Jail concurrently by the County Council so that the cumulative effect of the various proposals can he evaluated (RCW 36.70A.130). Additionally, pursna t to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. COUNCIL ACTION TAKEN: Juvenile Parks 2002 - 84 L 21262002'. Docketed and forwarded to Planning Commissio for review -7 -0, Res #2002-013 Planning Hal Hart Prosecutor 9/24/2002. Introduced 10/8/2002: Held in committee to 11112 1111212 002. Ordinance Introduced, hearing to be scheduled 1114/2003'. Hearing held, forwarded to con currency meeting Public Works Sheriff Superior Court (with cond6ons) 7 -0 1128/2003: Adopted 6 -0, Nelson absent, Ord #2003 008 Treasurer Bel. Other Ordinance or ResofuL Number (this item): Z2 _ Related File Numbers: All # 2001 -3101 and AB2002 -084. 1,2 Planning Drs iaisp Comp Plan Amendmen cComp Plan 2002VCMP2002 -00027 (MRL Marker Rd Benner) - ABAsic 1- '_8 -03 SPONSORED BY: Plannine PROPOSED BY: Planning INTRODUCTION DATE: 9/24/02 ORDINANCE # 2003 -008 ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE PLAN AND ZONING DESIGNATION FOR THE BENNER PROPERTY WHEREAS, an application has been submitted to amend the Comprehensive Plan map from Rural to Mineral Resource Lands (MRL) and amend the zoning map to create a MRL overlay zone for approximately 16 acres (the underlying zoning is Rural one dwctling /ten acres); and WHEREAS, The site is located at 4406 Minaker Rd., approximately 1 1/3 miles south of Sumas, within section 111 T40N, R4E, W.M.; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald, mailed and posted; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT I. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on .fitly 25, 2002. 2. Notice of the Planning Commission hearing was mailed to surrounding property owners within 1,000' of the proposed MRL on July 22, 2002, 3. Notice of the Planning Commission hearing was posted on the subject site. 4. A mitigated determination of non-significance (MDNS) was issued under the State Environmental Policy Act (SEPA) on June 15, 2001. This MDNS imposed six conditions that must be satisfied for mining to occur. P'1 2030505666 Page; 3 of li 5/232003 3 :57 PM ORO 835.00 Whmtcom County, WA Request of: WHRTCOM COUNTY COUNCIL 5. The Planning Commission held a public hearing relating to the subject amendment on August 8, 2002. 6. Four natural gas pipelines are located in the vicinity of the proposed MRL. One Cascade Natural Gas line and two Williams' natural gas lines he to the east. Additionally, a Cascade Natural Gas line lies to the south. The Cascade Natural Gas pipelines are closest to the proposed MRL. 7. In order to address pipeline safety, the State Environmental Policy Act (SEPA) Official for Whatcom County imposed conditions on the proposal including but not limited to a 125 -foot setback from the Cascade Natural Gas (CNG) and Williams natural gas pipelines. 8. An existing MRL and surface mine are located immediately north of the subject site. 9. The state Department of Natural Resources (DNR) recently completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham 1 :100,000 Quadrangle, Washington (Jan. 2001). This study indicates that the working lifetime of most of the significant pits in the County is 10 to 20 years (p. 5). 10, DNR's Reconnaissance Investigation ojSand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (Jan. 200 1) identified the majority of the subject site as a potential sand and gravel reserve. 11. The Whatcom County Comprehensive Plan contains nine criteria for designating Mineral Resource Lands, which the subject proposal meets. 12. Mineral resource designation criterion # 1 states "Non- metallic deposits must contain at least one million cubic yards of extractable sand, gravel, or rock material per MRL Designation." 13. The applicant submitted a report entitled "Gravel Resource Evaluation for Rick Benner" prepared by Whitson - consulting (July 2001) that documents approximately 288,944 cubic yards of gravel and sand on the Benner site. When combined with the existing and proposed Killant MRLs, there would be over one million cubic yards of mineral resource within the overall boundaries of the MRL. 14. Mineral resource designation criterion # 5 states: "Greater than 75% of the site must be classified as MRA -2 (see Comprehensive Plan Map 21) and have proven resource, or meet the following criteria: • Construction material must meet WSDOT Standard Specifications for road, bridge and municipal construction, or Whatcom County standards for other uses. • Sand and gravel deposits must have a net to gross ratio greater than 80% (1290 cy /acre /foot)." N -2 2030505666 Page: 4 of V 5 /z3 /2aea 3:5G pry ORO 535.00 Request of: W�Stcom COUn }W, WA WHRTCOM COUNTY COUNCIL 15. Whatcom Comity Comprehensive Plan map # 21 identifies the entire site within an 11MRA -2" area of mixed sand and gravel. According to The Whatcom County Natural Resources Report — Mineral Resources Background Document (1994), the MRA -2 classification denotes mineral resource areas where significant mineral deposits are present or there is a high likelihood of their presence (p. 10). 16. Whitson - consulting submitted a "Gravel Resource Evaluation" report for the subject property on July 2, 2001. This report, in its conclusions, states that: ... Whitson- consulting believes the geologic setting, on -site testing and sampling, gravel pit to the north, exploration work to the east, and site development to the south defines a proven mineral gravel resource on the property that is at least 13 feet deep. The gravel resource meets the W SDOT requirements for Common Borrow, Class B Gravel Backfill For Foundations, and Bank Run Gravel For Trench Backfill, after some screening ... (p. 3). 17. Whatcom County's geologist /surface mining administrator reviewed the Whitson - consulting report and, in a memo of July 2, 2001, stated that "... The evidence provided in the 10 test pits, the Benner well log, and the septic excavations, indicate that a marketable resource has been proven..." CONCLUSIONS The subject amendment is consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan, provided that there will be no access to Minakcr Rd. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section L The Whatcom County Comprehensive Plan and Official Whatcom County Zoning Ordinance maps are hereby amended to create a Mineral Resource Lands Designation and inning overlay for the subject site, setback 125' from the Cascade Natural Gas pipelines, as shown on Exhibit A. Section 2. There shall be no access to Minakcr Rd. for mining - related activities. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. r,s 2030505666 Pe9e: 5 of 17 5/33/2003 3:57 Pry ORO $35.00 Request oh 4hRTCOb cc UNTV county. Pq OUNCIL ADOPTED this 28 day of_danuary , 2003 AT'N :co& ? D2tla m Brou-Dj *V, Cgfincil Clerk 1� 4 y { APPROVED as to form: Civil Dep Ity Prosecutor Date: P. a WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Chairperson (4-Approved O Denied Pete Kremen, Executive 2030505666 Page; 6 of 17 5/23/2003 3 :57 PH ORO $35.00 WM1etcom County, YP Request of: WHATCOM COUNTY COUNCIL OWNER i�iymlwm Existing MRL Proposed ` MRL Bishop o z 11 I ° III II P RF F4 2030505666 Page 7 of V 5/23/2003 3 :57 PM ORO $35.00 wnetcom county. wP Request of: WHATCOn COUNTY COUNCIL Benner MRL Rd. CHMELIK SITKIN & DAVIS P.S. 1500 Railroad Avenue Bellingham, WA 98225 (360)671 -1796 DOCUMENT TITLE(S): EASEMENT 2030505270 Page 1 of 0 5/22/20 -12 PM OR $78.00 Whatcom County. WP Request Of ELIK LAW OFFICE REFERENCE NUMBER(S) OF DOCUMENTS AFFECTED: N/A GRANTOR(S) (Last name, First name and MI): KILLAM, HERBERT AND KILLAM, GRACE GRANTEE(S) (Last name, First name, and MI): BENNER, RICK AND BENNER, DEBRA ABBREVIATED LEGAL DESCRIPTION (Lot, block, plat or section, township, range): All that part of the NE Y4 of the NW Y4 and the NW Y4 of the NE Y44 lying Southerly of the B. B. & B.C. Railroad Company (now Chicago, Milwaukee, St. Paul and Pacific Railroad Company) right of way; ASSESSOR'S PROPERTY TAX PARCELIACCOUNT NUMBER(S): 400411 328305 0000 NOTICE: RcW 65.04.04]. Sectlou 14: erG a /1/99 ADDITIONAL FLEE AS REQUESTING ED IN RCW 36.18.0 OA[ DDNDERS'1`gND RDING THAT TID; RECORDING PROCESSING REQUIREMENTS MAY COVER UP OR OTHERWISE OBSCURE SOME PART OF THE TEXT OF THE ORIGINAL DOCUMENT." SIGNED BY: 2030505666 Pape: a of IP 5/23/2ee3 3:57 PM ORD $35.00 Whatcom County, up Request of: WHATCOM COUNTY COUNCIL Easement Agreement Date January 14, 2003 The following are terms of agreement for the access, ingress and egress easement for mining access purposes across the Killiam property in exchange for agreements related to the non - opposition to any MRL designation and DNR permitting on the Killiam property for sand and gravel extraction, valuable consideration that both parties acknowledged is mutually exchanged hereby, and that if this agreement was not entered into, there is doubt whether both properties burdened hereby would be added to and included within the existing Killiam MRL, which is also burdened by this agreement. To that end, the parties hereto enter the following agreement: I . The Killiams would grant an easement to be terminated upon the completion of all mining activity in the Benner MRL and reclamation thereof. This easement would include ingress and egress over the Killiam property and allow access to the public roadway at the Morgan/Hovel/Telegraph intersection, but if not approved by the County or any other regulatory authority, then to the Sumas Road. The easement to be of sufficient width (minimum 30') for ingress and egress for the gravel operations and trucks, or additional area as required by any local, state or federal regulations, permit conditions or engineering requirements. The location of the easement would be as described above and noted on the map attached hereto and may be relocated by mutual agreement of the parties. Maintenance of this road after construction would be shared equally, if it was utilized by both parties. The forgoing is acceptable is acceptable with the additional requirement that the easement be limited to the gravel operation and that the easement expire thirty (30) years following its grant. However, the easement agreement needs to recognize that the portion of the easement crossing the Killam field and gravel pit floor will be a floating easement. The intent would be that the easement might need to relocate (most likely two times) over the life of the Killam project. It is our assumption that the easement will run across the Killam property near the pipeline if the Sumas Road access is used and generally north and then west if the access road over the Sumas River is used. Note: (1) final may provide extensions, renewal of agreement of the parties; (2) first easement road developed and paid for by Benner's, any relocation required by Killiam at Killiam expense - legal, surveying, construction, etc; In the event that the Benner operator seek the relocation of the easement road, then the allocation those costs shall be determined at that time by the parties, or an arbitrator based upon usage (3) first location would be within pipeline setback to reduce relocation requirement; (4) relocation only gravel operations on Killiam property. The parties expect that the first easement location will be within the pipeline setbacks/easement and paralleling the pipeline, and traveling westerly to connect the existin brid a location generally along the old So n railroad grade location. If for some`flieiirst easement ocaTion is not ieasi6feTor `/- engineering conditions (i.e. slope stability, soil conditions, pipeline safety) or legal reasons, then the parties shall cooperate in locating the most efficient and feasible easement location on the property for the Benner access to the Telegraph Road intersection with the least disturbance or interruption of mining operations or reclaimed uses on the Killiam property. If the parties cannot determine this location, then this location shall be determined by a referee or arbitrator appointed by the Court. 2030505666 Page: s of 17 2030505270 5/23/2003 3:5i Ph - Pagan t0 03 ORO 335.00 5 04.12 Ph Whetcom County, WA ARE 320.00 Raqueet of! WHRTCOR COUNTY COUNCIL Whetcom County, WA Raqueet Of; CHRELIK LAW OFFICE 2030505270 Page: 3 of 522 f 12 PR E 178.00 Who con County. WP Request of- CHMELIK LAW OFFICE 2. The Banners would bear the cost of installing this access road at the time their gravel operation access to the north would commence. This would be of mutual benefit to the parties and a value received in exchange for this easement. 3. The Banners would pay the fair market value of the easement. The minimum payment with a minimum value would be $22,000.00 and the maximum payment with the maximum value would be $66,000.00. In the event that the Killiam would desire to have a fair market valuation done at the time of commencement of use of the easement, then the value would be established, subject to the payments limited as set forth above, in the following manner: a process agreed upon by the parties at that time of delivery of a notice to commence use of the easement. If the parties could not agree upon the process for determining the fair market value of the easement, then either party may, at any time after notice to commence use of the easement is delivered, petition to the Whatcom County Superior Court Presiding Judge for the appointment of a real estate appraiser with the MAI designation and at least five years experience of appraising real property in Whatcom County for the determination of th Fail Market Value of the easement. The cost of the appraisal shall be borne s t�Trb The �'f $ ha eel determination of the appraisal shall be final and binding upon the parties. oua/ /,9 However, at anytime after notice to commence use of the easement is delivered t o-t;r{ and no later than ten business days after the delivery of the appraisal prepared by the court- appointed appraiser, either parry may petition the court for the appointment of an arbitrator to determine valuation of the easement, in which case, each party shall bear the cost of their own appraisals and attorneys fees. Such arbitration shall be conducted pursuant to the Whatcom County Superior ,h*� Court Local Rules. In the event that a parry contests the court- appointed appraiser's determination of the value of the easement, the Banners may thereafter commence the use of the easement upon the deposit of funds into the Whatcom County Superior Court Registry in the amount of the value of the easement as determined by the court- appointed appraiser. In the event no party challenges the court- appointed appraiser's determination of value, the Banners may commence use of the easement area upon payment to the Killiams the amount determined by the appraiser. In the event that the Killiams decide to have a fair market valuation done, the Banners shall be entitled to use the easement as provided for herein upon payment of the minimum valuation- paym ertt set forth above. rkc K;IltW». ekal[ kart 30 c4aynns o,.. e ClcfvoF; cc u5¢ �-l.c QQzcr^eN+ 40 p„�ee�10 <ct ll lrr IXw a� rttf Stv -* � 4. In the event that the Telegraph Road access was approved, then the Banners would bear the cost of any improvements required by regulatory authorities for their use of this access at the County Road. In the event that the Telegraph Road access was not approved, and both accesses to the Sumas Road would be required, then the parties would share equally in the cost of required = a improvement of this access and Sumas Road if both parties may use the Sumas Road access. If the Killiams were not to use the Sumas Road access, then they u o ° m m z M would record a covenant barring the use of this access. 0 M o n ; 'a Q `p 5. The Banners will agree and record a covenant binding upon their property, and their successors, heirs and assigns, not to protest an MRL designation or DNR reclamation plan or related permits for sand and gravel extraction sought by the Killiams, or their successors, heirs and assigns, on properties located = immediately adjacent to the Benner property to the east and west. This r7 t2, S�.o,x[yl ai.�. lCi[li w.s Q1ti.[ J Call 4v an P&rA;S"( l� Pagetof5_&tnncrf Men CO.n 4L uuv- Q#GCI'Cf3emat,,,f p. 14 ¢�Irt✓ al d7cabarn (a!1'.1 1�a�s�%le� 6N i,i+.. fur ZJ t.( rt� {;jam 44t K-1, ws s1A01119R ✓G _ D .1, t , .-. _ I agreement will be effective immediately upon the approval of the Benner MRL designation and the expiration of any appeal filing deadline or the successful conclusion of any appeals, whichever is longer. 6. Similarly, the Killiams covenant not to protest or challenge the current proposed MRL designation, nor will they protest or challenge any DNR reclamation plans or any permits issued for sand and gravel extraction operations on the Benner property. This will also be binding upon the successors, heirs and assigns of the Killiams. 7. Both parties will agree not to act in any manner directly or indirectly that would further the protest or challenge by any third party in support of or giving aid to any opposition to the designation of the MRLs for the Benner or Killiam properties, or any permitting for sand and gravel extraction, or DNR reclamation plans. This provision would be enforceable by injunctive relief, and the parties would agree that a temporary restraining order could be issued without notice. 8. The parties would agree that nothing herein would bar either party from objecting to any gravel operation on the other's property that is not in compliance with any permit, conditions, requireQments or other rules, regulatio��71s or laws. 1`r,ta di cft,v f.c ! a w. :L�q%7 f jk <... !ate »'F 1'I.[�a -1/ t SAauy PMr'j c8sr P,� 9. The benefits and burdens of this easement wo Iu d run w thvthe la d�d be binding upon and beneficial to the heirs, successors and assigns of the fee 't interest of the property. The Banners and Killiams individually would not be & LL�- individually liable or responsible for any obligations in the event of sale of the affected properties. 10. The Banners shall comply with all applicable County Code requirements while on the Killiam property. 11. The parties agree to negotiate a final easement for recording consistent with the forging. In the event the parties cannot so agree, either party may obtain a court order enforcing an easement on the terms and conditions above, and other terms the Court determines are customary and reasonable, consistent with the forging. 12. This agreement binds and affects the Killiam Property which is comprised of approximately 69 acres locating in the vicinity of Telegraph and Minaker Road, approximately 1 1/3 miles south of Sumas, within section 11, Township 40N, W.M, within those areas mapped as shown on Exhibit A, attached hereto, and reviewed as Comprehensive Plan Amendment number CMP 2002- 00028. 13. This Agreement may be recorded with the County Auditor against the above referenced Killiam property. 14. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 2030505666 05270 Page: 11 of 17 Pagan 9 of 10 5/23/2003 3157 PM 5/22/2003 a " PM PE ORD $35.00 EASE Va.00 Whetcom County, WA Whatcom County, NA Requeat of: WHATCOM COUNTY COUNCIL Request of: CHMELIK LAW OFFICE 15. The easements granted herein shall be appurtenant and shall benefit the real property owned by the Benners, which comprises approximately A& acres located north of the Minaker Road, approximately 1 2/3 miles south of Sumas, within section 11, Township 40N, W.M, within those areas mapped as shown on Exhibit A, attached hereto and comprising the property subject to the Comprehensive Plan Amendment filed under CMP2002- 00027, also depicted on Exhibit A, attached hereto. 16. The Parties hereto represent and warrant that they own the respective property as described herein, and have the full authority to bind the property and convey the easements as provided for herein without any further action or requirement of any other party or entity. 17. The easements granted herein shall be construed as a covenant running with the land, and the benefits and burdens herein shall be binding on Grantee, Grantor, and their heirs, successors and assigns. He rt Kill R k e n STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) Grace Killiam O Debra Benner On this day personally appeared before me Herb Killiam to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he /she signed the same as his/her free and voluntary act and deed, for the uses and purposes therein mentioned..st.q.._. official seal this day of may 2003. Pri Name: 40A— 4�/Zibvc �� (�/�' p s TARY PUBLIC in and for the State of Washington, residing at IkdfbLyi4 V4 STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) 2030505666 Page+ 12 of IF 5/23/2003 3 :57 PM ORO $35.00 Whatcom County, WA Request of: WHATCOM COUNTY COUNCIL 20305 0 Pe S of 10 /22/2003 4.12 PM EASE 370.00 Whatcom County, WA Request of� CHMELIK LAW OFFICE On this day personally appeared before me Grace Killiam to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under ".1y STATE STATE OF WASHINGTON ) ss. COUNTYOFWHATCOM ) I. seal this _ day of January, 2003. iHY HUBLIC in and for the of Washington, residing at L2 /�i On this day personally appeared before me Rick Benner to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. ypeeneeyej �[/ GIVEN under H9^ddelal seal this -� day of January, 2003. �O ?aµus6a^'Fi ?�,Fy s N07RRYg� 2 . �z heeq'" `a+ W�tate of Washington, residing at y STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) On this day personally appeared before me Debra Benner to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. eppeeeee"2 hlPded4n�f4yjnd and official seal this -� of January, 2003.. t �O Nt�iSY�F4 /T� O Syi . Pr ame: L e'aeejWAB asa OTARY PUBLIC in and for the State of Washington, residing at /<' /� J ✓`� [4 2030505666 Peg @: 13 of 17 2030505270 5/23/2003 3 :5) PR Page; 6 0 0 ORO $35.00 5/2 3 912 PM Whetcom Ccunly, WA E -12 P Request of! WHRTCOM COUNTY COUNCIL Whetcom County. WR ReOues HOELIK LAW OFFICE Z , sate i ;•�o°.. sedan 7l m.ww 40 I' l� �I r � 1 i 0 ryui �tys Iin x 2030505666 Pager 14 of 17 5/23/2003 3!57 PC ORO $35.00 Whetcom County. WA Request OH WHRTCOM COUNTY COUNCIL w X336 y 5513 turd qto wispe % \ , e" P <y6[ 4 enuwew X yb3 2030.5785270 7 of 10 5/22/2003 P:12 PM _ EPSE 878 -00 Wftetcom County. WA Request of; CHMELIK LBW OFFICE r � , x I , 'w ¢esea' Lie x� 2030.5785270 7 of 10 5/22/2003 P:12 PM _ EPSE 878 -00 Wftetcom County. WA Request of; CHMELIK LBW OFFICE KILLAM LEGAL DESCRIPTION SI -6829 EXHIBIT AA" All that part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northeast Quarter lying Southerly of the H.B. g B.C. Railroad Company (now Chicago, Milwaukee, St. Paul and Pacific Railroad Company) right of way; EXCEPT that portion thereof, 'conveyed to NOOksack Township by Deed recorded in Volume 214 of Deeds, page 377, as Auditor's File No, 392597; ALSO EXCEPTING tract described as follows, to -wit" Beginning at the Southwest corner of the said Northeast Quarter of the Northwest Quarter, the said point of beginning being the point of intersection of the center lines of county Roads Nos. 84, 208, and 519; thence North along the center line of Road No. 2080 328.20 feet; thence East 20 feet to the East right of way line of Road No. 208 as now exists after partial vacation and to the true point of beginning; thence South, along the said right of way line, 289.14 feet to the Northwesterly right of way line of Road No. 84 as now exists after partial vacation; thence North 54014' East, along the said Northwesterly right of way line, 169.0 feet; thence North 35046' West 234.61 feet to the true point of beginning; The Southwest Quarter of the Northeast Quarter; EXCEPTING therefrom the Easterly 3/4 acre; ALSO all that portion of .the Southeast Quarter of the Northeast Quarter lying Southerly of the B.B.and B.C, Railroad Company (now Chicago, Milwaukee, Et. Paul and Pacific. Railroad Company) right of way; AND EXCEPTING therefrom two tracts conveyed to Whatcom County by deeds dated May 28, 1908 and recorded in Volume 95 of Deeds, page 311, as Auditor's File No. 120569, and by Deed dated January 15, 1943, and recorded in Volume 280 of Deeds, page 329, as Auditor's File No, 572636; continued. _ 2030505666 Page: 15 or 17 2030505270 5/23/2003 3157 Ptl Pepe 8 0 ORO 535.00 5/22 3 012 PM Whatcom CouotW, WA 578.00 Request o!: WHATCOR COUNTY COUNCIL WEetcom County, WA Requeet pf. CHM5LIK LAW OFFICE SI -8829 EXIf1BIT "A" continued Page 2 The Northeast Quaner of the Southeast Quarter and the West 5 /8ths of the Northwest Quarter of the Southeast Quarter, EXCEPT moods, Meridian, g situated m Section I I, Township 40 North, Range 4 East of Willamette Wbatcom County, Washington; ALSO, an that part of the Northwest Qnartef of the Southwest Quarter of Section 12, Township 40 North, Range 4 East of Willamette Meridian lying Southwesterly of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company' afway, EXCEPT ROADS; Situated in Whatcom County, Washington, Beginning at a point of 430.2 feet West and 119.6 feet N South of the center of the Northeast Quarts (i�ll4) of Section 11, Township 4o North, Range 4 East, Willamette Meridian; thence South 25 340 West 25D test; thence South 64 1140 East 174,2 feet; thence North 25 3140 East 250 feet; thence North 64 1/40 West 174.2 feet to the true point of beginning, containing 1 Acre. Audhots File No. 120564 a parcel described as begimdng at a point 174.5 feet South and 168.4 feet West of the center of the Northeast Quarter (1114) of Section 11, Township 40 North, Range 4 East, Willamette Meridian; thence South 64 1/40 East 261.3 feet; thence South 25 3140 West 314.3 feet; thence North 64 V4 West 261.3 feet' thence North 25 3/40 East 314.3 feet to the true point of beginning continuing appro�mately Z Acres. Auditor's File No, 572636. A tract of land in the NE. 1/4 of Section 11, Township 40 North, Range 4 East, of W.M., more particularly described as fonows: Beginning at a point 174.5 feet south and 168A feet west of the center of the N.E. 1/4 of Section 11, Township 40 North, Range 4 East of WM., thence south 25 3140 west, 643 feet to the true point of beginning; thence south 25 3140 west, 335,4 feet; thence north 64 714° east, 259.7 feet; thence north 25 3/40 eas4 85A feet; thence south 64 1/40, 174.2 fee. thence north 25 3/40 east, 250 fee. thence south 64 1140 east, 85.5 feet to the tme point of beginning. Said tract containing approximately 1 acre. EXCEPT A tract of land in Section 11, Township 40 North, Range 4 ,East of WK, said tract being more particularly described as follows: 2030505666 Page: 1s of 17 2030505270 5/23/2003 3:57 PM Page 9 of ORO 835.00 5/22/20 ;lM WMetcom County. WA 878.00 Request o(: WHRTCOM COUNTY COUNCIL WMetcom County, YR Req of; CHRELIK LAW OFFICE SI -8829 EXHIBIT "A" continued Page 3 All that part of the Northeast quarter of the Northwest quarter and the Northwest quarW of the Northeast quarter lying southerly of the old Bellingham Bay & British Columbia Railroad Company right ofway; - except that portion thereof conveyed to Nooksack Township by deed recorded in Volume .214 of Deeds, Page 377, AF. No. 392597; also excepting the following described parcel: Commencing at the Southwest corner of the said Northeast q•__•t r of +hP Northw_a quLviif, said pnilmt being the point of inamection of the [enterlineS of County Roads Nos. 84,208, and 519; thence North along the centerline of Road No. 208 as now exists after partial vacation, to the true point of begimdng; thence South, along said right 6f way line a distance of 289.14 feet to the Northwesterly right of way line of Road No. 84 as now exists after partial vacation; thence North 540 14' East along the said Northwesterly right of way line a distance of 169.00 feet; thence North 35° 46' West a distance of 234.61 feet to the true point ofbeginoing All less roads. Subject to and together with all easements, covenants, restrictions and/or agreements of record or otherwise. - And except that portion conveyed under Whatcom County Auditor's File No. 1970800110,'. Together with that portion received under Whatcom -. - County Auditor's File No. 1970902310. 2030505666 P090: 17 or 17 5/23/2003 3+5) Pry ORD 835.00 Request of: WHATLDM LDWhatcom County, yq COUNCIL 2030505270 Page: 10 0 5/22/ 657 Ptl 5)0.00 un.tnom County. WA Regoe9l -oF +-C ELSK LRY OFFICE