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Home My WebLink Aboutord2003-009WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -084M CLEARANCES Initi l Date Date Received in Council Office A inda Date "' Assl nedto: Originator: :Nan IV. Aamot , SEP 17 2002 WHATCOM COUNTY Introduction Division Head: Sylvia Goodwin 10/8/02 Natural Res. Dept. Head: Hal Hart It K) - IrNtm 6 J 19YAUlaam P.o>ecumr: garenFrakee •C -Ce- 1 PurcbasingBudger . i1 /r, 0, COUNCIL 1 Executive: Perefiremen f .I7- SUBJECT.-42 d comprehensive plan and zoning amendment to expand a mineral resource land designation near Telegraph and Minaker Roads, south of Sumna (Killion site). ` •DrcLu�.tti�ee, 0.doptu�� -2 inlil2ern4 rR�wee. ((xnr'ts CBn teFu *'oa�cwr- P�CUr✓Ctr>LCze-,zcrl�. Li CEIU r 1 e nJ 00 2030505667 ATTACH ENTS: Reee: z of 16 5/23/2003 3 :57 PM (1) Planning Commission recommendation. ORO $34.00 whotcom Ceun<y. uR .Vote: Background materials are available Or review at the County Council o Ice. Request of: WHATCOM COUNTY COUNCIL SEPA review required? ( x ) 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 OWCC 20.10.110. SUMMARY STATEMENT: The applicants, Herbert and Grace Killam, Distribution Request submitted an application to amend the Comprehensive Plan map from Rural to Mineral Resource Lands MRL and amend the zoning ma to ( ) g P a copy �t� Council action who Indicate erific those names to the right. List speche names mthe right. create a MRL overlay zone for approximately 69 acres. The underlying zoning is Rural one dwelling/ten acres (RIOA). The site is located in the vicinity of Telegraph and Minaker Roads„ approximately 1 113 miles south ofSumas, within Section Il, T40N, R4E, W.M. ADS Facilities Management ADS Finance ADS Human Resources 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 WiBnauer Auditor CoorictCouExten :ion District Court Executive Note: The subject proposal is one ofa number ofcomprehensive plan Health Hearing Examiner amendments initiated this year. These amendments must be considered jail concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to file review schedule established in WCC 20.10.120, final Council action on these amendments should occur in November 30. COUNCIL ACTION TAKEN: Juvenile Porky 2002 - 84 M 2/26/2002: Docketed and forwarded to Planning Commission o for review -7 -0, Res. #2002-013 Planning Hal Hart Prosecutor 9124/2002: Introduced 11/12/ 2002'. Ordmanceinlroduced , hearing lobe Scheduled 1114/2003'. Hearing held forwarded to concurrency meeting 3 conditions) 7-0 1/28/2003: Adopted 6 -0, Nelsen absent, Ord. #2003 -009 public Woks Sheriff .Superior Court Treasurer Relate Omer Ordinances RrsTolufi� Number Wq (this item). 3F 2 — Related File Numbers: AB2002 -084. 1 2 Planning Divaion\Comp Plan Amendments \Comp Plan 2002 \CMP2002-00028 (MR - Kilum) -Ali disc 1 -14 03 SPONSORED BY: PLANNING PROPOSED BY: PLANNING INTRODUCTION DATE: 9/24/02 ORDINANCE 4 2003 -009 ADOPTING A MINERAL RESOURCE LANDS COMPREHENSIVE PLAN AND ZONING DESIGNATION FOR THE KILLAM 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 69 acres (the underlying zoning is Rural one dwelling/ten acres); and WHEREAS, The site is located in the vicinity of Telegraph and Minaker Roads, approximately 1 1/3 miles south of Somas, within section 11, 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 L Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on July 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 at the subject site. 4. A mitigated determination of non - significance (MDNS) was issued under the State Environmental Policy Act (SEPA) on June 17, 2002. This MDNS imposed five conditions that must be satisfied for mining to occur. 5. The Planning Commission held a public hearing relating to the subject amendment on August 8, 2002. Q 2030505667 Page 3 of 16 5/23/2003 3 :57 PM ORD $30.00 Whatcom County. WP Request of: WHPTCOM COUNTY COUNCIL 6. Four natural gas pipelines, two belonging to Cascade Natural Gas and two belonging to Williams, ran through the site. 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 and Williams natural gas pipelines. 8. An existing MRL and surface mine are located adjacent to the subject site. 9. The state Department of Natural Resources (DNR) recently completed a study entitled Reconnaissance Investigation ofSand, 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 ofSand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (Jan. 2001) identified a portion of the subject 69 -acre site as a potential sand and gravel reserve. It. The Whatcom County Comprehensive Plan contains nine criteria for designating Mineral Resource Lands that are applicable to the subject proposal. 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 "Aggregate Resource Evaluation Killam Gravel Mine Expansion Near Somas, Washington" prepared by Gen Engineers (October 8, 2002). This report demonstrates that there would be over one million cubic yards of mineral resource within the overall boundaries of the proposed 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)." 15. Whatcom County Comprehensive Plan map # 21 identifies virtually the entire site within an "MRA -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. The report entitled "Aggregate Resource Evaluation Killam Gravel Mine Expansion Near Somas, Washington" prepared by Gen Engineers (October 8, 2002) documents test results for aggregate materials on the site. P.2 2030505667 Page: 0 of I2 5/23/2003 3:57 PM ORD $34.00 Wn•teem County, W3 Request eh WNRTCOG COUNTY COUNCIL 17. Staff requested the County's geologist to evaluate the Geo Engineers report and render an opinion whether the applicant has demonstrated compliance with criterion # 5, which requires the applicant to demonstrate a proven or tested mineral resource on the site. In an e -mail memo of October 15, 2002, the County's geologist indicated: The Geo Engineers report dated October 8, 2002, satisfies the quantitative and qualitative requirements of the MRL Designation Criteria set forth in the Comprehensive Plan ... 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 Minaker Rd. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1. The Whatcom County Comprehensive Plan and Official Whatcom County Zoning Ordinance maps are hereby amended to create a Mineral Resource Lands Designation and zoning overlay for the subject site shown on Exhibit A. Section 2. There shall be no access to Minaker Rd. 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. ADOPTED this 28th day of January , 2003 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON i Dana Brown - Davis, Council Clerk Ynp, \1PPROVED as to form: II Civil Uputy Prosecutor Date: 5 -d 3 -03 Dan McShane, Chairperson ( pproved ( ) Denied r Pete Kremen, Executive P. 3 2030505667 Page: 5 Of Is 5/23/2003 3:57 PM ORO $34.00 Whatcom County, NO Reyueat of: WHOTCOO COUNTY COUNCIL 'u 0 2030505667 page: 0 of I6 5/23/2003 3:S7 pry ORB $34.00 Whetcom Countb, WR Request o!: WHRTCCN COUNTY COUNCIL Exhibit A 16M Proposed MRL Bishop Killam MRL Rd. I ' ml 20305052 : - Pege P. 2/2003 412 PA - EASE $78.00 WM1etmm County, WA Request oR CHRELIK -NW OFFICE CHMELIK SITKIN & DAVIS P.S. 1500 Railroad Avenue Bellingham, WA 98225 FEXEMPT (360)671 -1796 DOCUMENT TITLE(S): EASEMENT 'mrtuu�� 0( h 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' /4 of the NW Y4 and the NW Y4 of the NE Y4 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 PARCEL/ACCOUNT NUMBER(S): 400411 328305 0000 NOTICE: RCW 65.04-"7- section 14: e6 8/1199 ADDITIONAL FEE AS PROVIDED IN RCW 36.18.0 O NONSTANDARD NDERZRECORDING D TI p�HE RECORDING PROCESSING REQUIREMENTS MAY COVER UP OR OTHERWISE OBSCURE SOME PART OF THE TEXT OF THE ORIGINAL DOCUMENT." SIGNED BY: 2030505667 Page: 7 of Is 5/23/2003 3 :57 PM ORO $34.00 Whstcom County. WA Request of: WHATCOII 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: 1. 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 existing bridge location generally along the old So n railroad grade location. If for some me first easement oca ton iss not leasible for engineering conditions (i.e. slope stability, soil conditions, pipeline safety) or legal fig reasons, then the parties shall cooperate in locating the most efficient and v' 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. 2030505667 20305070 Pagel 8 of 16 PeOe' c. 10 5/23/2003 3 :57 PH 2003 9 :12 AN ORO $30.00 EASE 596.00 Whatcom CountW, WA Whetcom County, WA Request Oi: WHRTCOR COUNTY COUNCIL Re set of� CHHELIK LAW OFFICE 2030505270 Page! 3 of 1 /8003 4:12 PM EASE Si8.00 WCetcom County. WA Request of: CHHELIK 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 parry 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 Fai rket Value of the easement. The cost of the appraisal shall be borne ,/T�goeskar<d determination of the appraisal shall be final and binding upon the parties. ¢qua //g A,nr+..,yf However, at anytime after notice to commence use of the easement is delivered /a,/; ✓S and no later than ten business days after the delivery of the appraisal prepared by the court- appointed appraiser, either party may petition the court for the appointment of an arbitrator to determine valuation of the easement, in which ,,� k case, each party shall bear the cost of their own appraisals and attorneys fees. Tt " Such arbitration shall be conducted pursuant to the Whatcom County Superior ,ice Court Local Rules. In the event that a party 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 nvaluation paymern{t set forth above. TIxc k; Ilia„. 6kA-h ka +,e-3o days 4+O�s- fl[ i7 w( c�V4t ,VO4i 41) vim. tt..- e0.k' 41 4a 1i«,440 Callon a arprat e str-)t �. 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 improvement of this access and Sumas Road if both parties may use the Sumas m m Road access. If the Killiams were not to use the Sumas Road access, then they would record a covenant barring the use of this access. COMM o o 0 5. The Banners will agree and record a covenant binding upon their property, and M ': N ° " their successors, heirs and assigns, not to protest an MRL designation or DNR a " o ; 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 p, * SL.ouk¢lAt� k; Ikia..s GO;ck d" k"f_ ` r¢F d r�i R r` c yt Ff[n a m". urr� 10u4u ;^ e_vj. ea It 4QGV S an ae(.vOe[rr` ayifaeT( 11.e C4'te Page 2of5 d'H �4Lg � ,4! ...., ..e t'... _ D 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 permiIt, Conditions, requirements or other rules, regpulatio s or laws.4ilrIw dr rOwd aedl.., 4.� w.dvLla'lary�xl�cwc.'F(k'rt�� OwN,oi/ vwl�v5kx�PM� P.{ 9. The benefits and burdens of this easement would run with the land, and be y binding upon and beneficial to the heirs, successors and assigns of the fee interest of the property. The Banners and Killiams individually would not be 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 parry preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 2030505667 2030505270 Page: 10 of 16 Page: -oi -10 5/23/2003 3!57 Ph 32/2003 $7 Ptl EASE S7 ORO 534.00 B.00 OFFICE WM1 County, WA Wholcem County, WP Request of! WHRTCOt1 COUNTY COUNCIL Request of: CHIIELIK LAW O OFFICE 15. The easements granted herein shall be appurtenant and shall benefit the real property owned by the Banners, which comprises approximately 16 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. I r DHlrt STATE OF WASHINGTON ) ss. COUNTYOFWHATCOM ) Grace Kil� '. /_ 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_.e.w.e.. �ttAN nd official seal this day of 2003. NCr nr' P j 1 _ Pri Name: % R - �' has,l TARY PUBLIC in and for the State of Washington, residing at STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM 1 2030505667 Page: 11 of 16 5/23/2003 3 :57 PM ORO $34.00 Whetccm County. WA Request of: WHATCOM COUNTY COUNCIL 2030505270 Page: X10 /2003 4 :12 PM EASE $78.00 Whetcom Counlg, WA geeueyt 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 mSie"'tWuA p i l seal this day of January, 2003. NC %t,9Y I(ame: Jrgv. kA"kv. V, 5"f« tRY PUBLIC in and for the of Washington, residing at - 2 /L w,4 TI STATE OF WASHINGTON ) ss. COUNTY OF WHATCOM ) 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. ,p5n•eng� �(/ GIVEN under fle�r/0 jal seal this day of January, 2003. NOTAny ARY PUBLIC in and for the of Washington, residing at I /' 4111py tt�14 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. p and official seal thjsZfayt of January, NOTARY PUBLIC in and for the State of Washington, residing at 2030505667 203050527.0 Pege: 12 of 16 Peq!' IS P 5/23/2003 3 :57 PR 22% /2003 4 :12 PM ORO 534.00 EASE $75.00 WCBtoom County, WA Whatcom County. WA Request of% WHATCOM COUNTY COUNCIL Reou of� CHMELIK LAW OFFICE z SCALE r "�eo_ sccnox Il ro+ww 40 ^•' 4 L ,e.e -A +nru• � L O3 v 2030505667 Page: 13 of 16 5/23/2003 3 :57 PM ORO $34.00 WMSIrom County, WA Request of: WHATCOM COUNTY COUNCIL X 33 6 Y50 L4 r04 A foo 11 _a' a 1 � i II � • I yifl J _ _•zsw ° ea W ' .•a0 A r w I xN � � 0 N I � , I II I 7rsI I , 3 L ,e.e -A +nru• � L O3 v 2030505667 Page: 13 of 16 5/23/2003 3 :57 PM ORO $34.00 WMSIrom County, WA Request of: WHATCOM COUNTY COUNCIL X 33 6 Y50 L4 r04 A foo 11 _a' a 1 � i II � • I yifl J _ _•zsw ° ea W ' .•a0 A r 2030505 P of 10 J�003 4:12 PM EASE 878.00 WEStcem County, WA Request of: CHMELIK LAW OFFICE w N- 1 I � , I � 1 I I . eu44,x� i XYW xmz 2030505 P of 10 J�003 4:12 PM EASE 878.00 WEStcem County, WA Request of: CHMELIK LAW OFFICE KILLAM LEGAL DESCRIPTION SI -8829 EXHIBIT "A" All that part of the Northeast Quarter of the Northwest Qu2rter and the Northwest Quarter of the Northeast Quarter lying Scutherly of the B.B. & 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. 208, 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, St. 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 Aud'itor's. File No. 120564, and by Deed dated January 15, 1943, and recorded in Volume 280 of Deeds, page 329, as Auditor's File No. 572636; continued. . . . _ 2030505667 2030505270 Page: 14 of IS Page: It 5/23/2003 3:57 PM 5/ 9:12 PM URO ®34.00 ASE 570.00 Wbtcam County. WA W"stcom County, WA Request "f: WHATCOn COUNTY COUNCIL Request : CHItELIK LAW OFFICE SE-8829 EXHIBIT "A" continued Page 2 11w Northeast Quarter of the Southeast Quarter Quarter of the Southeast Quarter, , and the West 5/8ths of the Northwest EXCEPT roads, and being situated in Section 11, Township 40 North, Range 4 East of Willamette Meridian, VA teom County, WasbingtM ALSO, all that part of the Northwest Quarter of the Southwest Quarter of Section 12, Township 40 NortlS Range 4 Rest of Willamette Meridian, .lying Southwesterly of the Chicago, Milwaukee, St, Paul and Pacific Railroad Company right of way, EXCEPT ROADS; Situated in Whateotn County, Washington. Beginning at a point of 430.2 feet West and 119,6 feet South of the center of the Northeast Quarter (NEI/4) of Section 11, Township 40 North, Range 4 Fast, Willamette Meridian; thence South 25 3140 West 250 fret; thence South 64 1/4° East 174.2 feet; -thence North 25 3/40 East 250 feet; theme North 64 I/4° West 174.2 feet to the true point of beginning, containing I Acre Auditors Re No. 120564 Also a parcel described as beginning at a point 174,5 feet South and 168.4 feet West of the center of the Northeast Quarter (NE114) of Section 11, Township 40 North, Range 4 East, Wdlam nc ette Meridian; thee South 64 1 /4e East 261.3 feet; thence South 25 3/40 West 314.3 feet, them North 64 114 West 261.3 feat thence North 25 3/40 East 314.3 feet to the true point of beginning; continuing approrimatoly 2 Acres, Auditor's File No. 572636. A tract of land in the NE. 114 of Section 11, T 40 No more particularly described as fnflows: Township North, Range 4 Rasa of W.M. Beginning at a point 174.5 feed south and 168.4 feet west of the center of the NE. 114 of Section 11, Township 40 North, Range 4 East of W.M, thence south 25 3/40 west, 643 feet to the true pohn of beginning; thence south 25 3/4° west, 335.4 feet thence north 64 1/4° east, 259.7 feet: thence north 25 3/40 east, 85.4 feet- thence south 64 1/4o feet, thence north 25 3/40 east; 250 feet thence south 64 I!4° east, SS .S fait to the true point of beginning. Said tract containing approximately 1 acre. . EXCEPT A tract of land in Section 11, Townsbip.40 North, Range 4 East of W.M., said tract being more Particularly described as follows: 2030505667 Page: 15 Of Is 2030505270 5/23/2003 3157 Pe Pege� a of - ORD $34.00 5/22/ :12 PM Yhatcom County. YR 370.00 Request aft WHATCOa COUNTY COUNCIL W ttcom C°unty. WR Reyueet of: LIK LAW OFFICE SI -8829 EM-Mrr "A° continued Page 3 An that part of the Northeast quarter of the Northwest quarter and the Northwest quarter of the Northeast quarter lying southerly of the old Bellingham Hay & British Cofimbia Railroad Company right ofway: except that portion tbcrwo conveyed to Nooksack Township by deed recorded in Volume 214 of Deeds, Page 377, A.F. No. 392597; also excepting the following described parcel Commencing at the Southwest corner of the said Northeast Tarter ..r fl,e Nortkw "5t q=!_ , said pnt "t, being the point of intersection of the centerlines of County Roads Nos. 84,208, and 519; thence North along the cadedine of Road No. 208 as now exists after partial vacation, to the true point of beginning; thence South, along said right 6f way line a distance of 289.14 feet to the Northwesterly right of way line of Road Nc. 84 as now mists after partial vacation; thence North 546 14' Haar along the said Northwesterly right of way line a distance of 169.00 feet; thence North 35m 46' West a distance of 234.61 feet to the true paint . of beginning. All less mads. Subject to and together with an easanents, coveaanta, restrictions and/or agreements of record or otherwise. And except that portion conveyed under Whatcom County Auditor's File No. 1970800110;.x, Together with that portion received under Whatcom County Auditor's File No, 1970902310. 2030505667 Page; I6 of Is 5/23/2003 3 :57 PM ORO 034.00 Whatcom County, WA Request of: WHRTCOM COUNTY COUNCIL 2030505270 Pefle° 10 of� 52 f, it 12 PM E 078.00 yhstcom County, W Reyi , CNMELIK LAW OFFICE