HomeMy WebLinkAboutres1997-048WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 97- 258
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
-inator: Public Engineering
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7/97
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COUNCIL
7/29/97
Introduction
9/09/97
Council /Hearing
Dept. Head:
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Prosecutor:
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Purchasing /Budget:
Executive:
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SUBJECT. • Resolution amending Final Order of Vacation of Jefferson Avenue, acted* on as AB94 -018 and
recorded under A.F. No. 940324123.
ATTACHMENTS: 1. Cover letter
2. Resolution
3. Agenda Bill
SUMMARY STATEMENT.•
Please complete sections of box as appropriate & explain the item beloly.
Related County contract #:
Should Clerk schedule a hearing? NO / / YES /x / Requested date:
Amount budgeted for this item/project:
Is it (or will it be) within budget? YES /x / NO / / (Please explain below)
Budget line item number(s):
[MARY: In March, 1994, a portion of Jefferson Avenue and an unnamed alley was petitioned for vacation by
John Steenmeyer. Half of the vacation fee was paid by Dean Curtis, adjoining property owner. Through an error,
the portion abutting the Curtis property was not vacated. The attached Resolution will vacate that portion.
ORIGINATOR'S RECOMMENDED ACTION. Recommend approval
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
1997-258 7/29/97: Introduced
9/9/97: Approved 7 - 0. Res. #97 -048
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Related File Numbers: Ordinance or Resolution Number (this item only):
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SPONSORED BY: Public Works
PROPOSED BY: Engineering
INTRODUCTION DATE: 7/29/97
RESOLUTION NO. 97 -048
A RESOLUTION AMENDING FINAL ORDER OF VACATION OF JEFFERSON
AVENUE ACTED ON AS AB94 -018 AND RECORDED UNDER AUDITORS FILE
NUMBER 940324123
WHEREAS, the Whatcom County Council did, on March 1, 1994, order the vacation
of a portion of Jefferson Avenue and an unnamed alley, petitioned for by John Steenmeyer,
et al.; and
WHEREAS, testimony from the principle petitioner John Steenmeyer and documentation
in the form of a cancelled check have been presented to show that Mr. and Mrs. Dean Curtis
paid for half of the proceeding with the expectation that the portion of Jefferson Avenue abutting
their property would be vacated; and
WHEREAS, due to an erroneous exhibit provided by the petitioner, this portion of
Jefferson Avenue was inadvertently omitted from the Order; and
WHEREAS, all relevant facts pertaining to the original portion of Jefferson Avenue
included in the Order also apply to the portion abutting the Curtis' property and that said road(s)
or portion thereof are useless as part of the County Road system and that the public will be
benefitted by its vacation and abandonment.
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the
road(s) or portion(s) thereof, described below, be added to the above referenced Order and the
same is hereby vacated:
AND all that portion of Jefferson Avenue abutting Lots 1 through 6 of Josephsons Add
to Sehome, as recorded in Vol. 2 of Plats on page 25A, records of Whatcom County,
Washington.
PROVIDED that the County reserves and retains an easement for construction, repair and
maintenance of public utilities and services authorized or physically located therein. Such
vacation shall not, however, prejudice private rights, private easements, prescriptive rights,
rights of access, ingress or passage.
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APPROVED this 9 day of Septemtp$997.
APPROVED AS TO FORM:
Civil Deputy Prosecutor
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WHATCOM COUNTY COUNCIL
WHATCOM,COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
( ) Approved ( ) Denied
Signature not needed
Pete Kremen, County Executive
Date:
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