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CLEARANCES
Initial
Date
Date Received In Council Office
Agenda Date
Assigned to:'
iginator:
January 25,
2000
Council - Intro
Division Head:
March 21,
2000
Council - Hearing
Dept. Head:
Prosecutor
Purchasing/Budget
Executive:
SUBJECT:
Resolution regarding the petition for the vacation of a portion of 5th Street, a.k.a. Telegraph Road,
filed by David Evans & Assoc. for Ware Family Ventures, et.al.
ATTACHMENTS: - Resolution - Petition - Various documents, on file
Related County Contract #:
FRquested uld Clerk schedule a hearing: NO /� YES
Date: March 21
SUMMARY STATEMENT:
The road proposed to be vacated is described as follows: The easterly
220 feet of 5th Street (Telegraph Road) as shown on the Plat of
McMillan's Addition to Whatcom as recorded in Vol. I Pg 28A of Plats, Sec .
17, T38N, R3E, W.M. Whatcom County.
ne petitioner offers the following pertinent facts In support of the
petition: 1) The easterly 220 feet of 5th Street (Telegraph Road) was
never opened and, therefore, may have been vacated by the statutes of
1889 -1890. 2) Vacation and abandonment of this portion of Telegraph
Road would benefit the public by eliminating the possibility of industrial
truck traffic using Telegraph Road to access the Irongate Industrial Park.
The properties along Telegraph Road, between the Industrial Park and
James Street, are zoned urban residential and would be negatively
affected by any future throughway that allowed industrial truck traffic to
access the Industrial Park from James Street. 3) Vacation and
abandonment of Telegraph Road would allow for a more appropriate
transition of grades between the adjoining property owners. The
adjoining property owners have agreed that placement of topsoil within
the right -of -way would serve to buffer one from the other and make for a
more appropriate topographic transition between the two properties (see
Attachment C, letter from property owner to the north). 4) This 0.30
acre area is not useful as public right -of -way and, by vacation, will be
added to the Whatcom County tax rolls.
RECOMMENDED ACTION:
See Engineer's report (due prior to the hearing date)
Distribution
Indicate those who should receive
Council action.
List specific names to the ri
Request
a copy after
ht.
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Council Action Taken:
2000 -66 1/25/2000: introduced
3/212000: substitute resolution approved 7 -0, Res. k2000-
011
Other
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Ordinance or Resolution Number
(this item): R`
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SPONSORED BY: Public Works
BROUGHT FORWARD BY: Council
INTRODUCTION DATE: 1/25/2000
RESOLUTION NO. 2000 -011
VACATING A PORTION OF 5' STREET a.k.a. TELEGRAPH ROAD
WHEREAS, on October 15, 1999, Craig R. Parkinson, P.E. (David Evans and
Associates, Inc.), as representative of Ware Family Ventures, et al, 119 Grand Avenue, Ste. D,
Bellingham, WA 98225, submitted a petition for the vacation of a portion of portion of 5' Street
right-of-way, accompanied by the penal sum of $682.00, to Public Works Engineering for the
vacation of the following legally described road:
The easterly 220 feet of 5"' Street (Telegraph Road) as shown on the Plat of McMillan's
Addition to Whatcom as recorded in Vol. 1, Pg. 28A of Plats, Sec. 17, T38N, R3E, W.M.,
Whatcom County Washington.
WHEREAS, the County Engineer's office has reviewed the portion of roadway which is
a Class A road, wherein public expenditures were made, and determined that the public would
benefit from said 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, and
WHEREAS, the applicant has six calendar months from the date the Resolution is passed
to pay any remaining fees to the Whatcom County Council office, with checks made payable to
the Whatcom County Treasurer, prior to the vacation becoming effective, including but not
limited to the appraised value of the area sought to be vacated, and
WHEREAS, this vacation does not become effective until the fees are paid and the Final
Order and Resolution are recorded with the County Auditor, and
WHEREAS, the appraised value of the area sought to be vacated is $10,500.00, and
WHEREAS, retention of an easement by Whatcom County for public utilities and
services is in the best interest of the public.
NOW, THEREFORE, BE IT RESOLVED by the Wbatcom County Council that the
above described right-of-way, as petitioned for by Ware Family Ventures, et al, be hereby
vacated, with a provision that per RCW 36.87.140, Whatcom County retains a perpetual
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easement over the land being vacated, for the construction, repair, and maintenance of public
utilities and services, including gas, power, telephone, cable television, water and sewer.
APPROVED this 21 day of March, 2000.
ATTEST:
PVTO1,011TAM .i-
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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