HomeMy WebLinkAboutres1996-018WHATCOM COUNTY COUNCIL AGENDA BILL
TEARANCES
Initial
Date
a __ a ervedpi C un i .V0 e: f j
Agenda date
Assigned to:
.igmator: Public Works - Engineering
ERH
1196
—�
FE
e -, 496:
�Y iT�a0, b4 COUNTY U%
COUNCIL
2/20/96
Introduction
Division Head:
2 96
Hearin
Dept. Head:
'' //
Z/
Prosecutor:
Purchasing/Eudget:
Executive:
FIX
P —/1 -y
SUBJECT., Resolution regarding the vacation of portions of Stangroom, Democrat and Bass Streets and unnamed
alleys in Fenton's Addition to New Whatcom
ATTACHMENTS: 1. Cover letter
2. Engineer's Report
3. Resolution
SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
SUMMARY: The roads were platted prior to 1905, were never opened for public usage and are therefore subject
to the Territorial Laws of 1890 and the County has no choice but to concur in said vacation.
ORIGINATOR'S RECOMMENDED ACTION: Recommend approval
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
2/20/96: Introduced
-*112-�.-
4/16/96: Approved 7 — 0
Related File Numbers: Ordinance or Resolution Number (this item only):
Res. 96 -018
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 96-071
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
iginator. Petitioners / Engineering
February 14, 1996
February 20,
1996
Council - Intro
Division Head:
April 2, 1996
Council - Hearing
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT:
Resolution regarding the petition for the vacation of a portion of Portions of Stangroom, Democrat, Bass,
and adjacent unnamed alleys, filed by Padric Daugherty
ATTACHMENTS:
- Resolution
- Petition
- Various documents, on file
SUMMARY STATEMENT.-
Related Countv contract #: N
Omount budgeted for this
dget line item number(
Please complete sections of box as appropriate & explain the item below.
Should Clerk schedule a
Is it (or will it
NO / / YES /XX/ (see date
YES/ / NO
The road proposed to be vacated is described as follows: "Portions of Stangroom, Democrat and Bass
Streets and unnamed alleys, as platted in Fenton's Addition to New Whatcom, recorded in Volume 1 of
Plats, Page 49, Whatcom County, WA; said portions further described as follows: Bass Street and the east
half of Stangroom and the north half of Democrat and the west half of the unnamed alley abutting Block 6
of said Fenton's Addition; AND the south half of Democrat Street and the west half of Stangroom and the
east half of the unnamed alley abutting Lots 5, 9, 10, 11, 12, 13 and 15 of Block 22 of said Fenton's
Addition. All in Section 5, Township 37 North, Range 3 East of W.M. ". The petitioner offers the following
pertinent facts in support of the petition: "per RCW 36.87.090, vacation of road unopened for five years.
Roads were platted prior to 1905."
ORIGINATOR'S RECOMMENDED ACTION
See Engineer's report (due prior to the hearing date)
COMMITTEE ACTION TAKEN
-)UNCIL ACTION TAKEN•
Related File Numbers. Ordinance or Resolution Number (this item only):
SPONSORED BY: Public Works
PROPOSED BY: County Engineer
INTRODUCTION DATE: 2/20/96
1 RESOLUTION NO. 9r,_nig
2 IN THE MATTER OF VACATING PORTIONS OF STANGROOM, DEMOCRAT
3 AND BASS STREETS AND UNNAMED ALLEYS IN THE PLAT OF FENTON'S
4 ADDITION TO NEW WHATCOM
5 WHEREAS, on November 8, 1995, Mary Catherine Johnston, authorized representative
6 for Padric Daugherty, et al, 1222 Victor Street, Bellingham, WA 98225, submitted a petition,
7 accompanied by the penal sum of $682.00, to Public Works Engineering for the vacation of the
8 following legally described roads:
9 Portions of Stangroom, Democrat and Bass Streets and unnamed alleys, as platted in
10 Fenton's Addition to New Whatcom, recorded in Volume 1 of Plats, Page 49, Whatcom
11 County, WA; said portions further described as follows:
12 Bass Street and the east half of Stangroom and the north half of Democrat and the west
13 half of-the unnamed alley abutting Block 6 of said Fenton's Addition;
14 AND the south half of-Democrat Street and the west half of Stangroom and the east half
15 of the unnamed alley abutting Lots 5, 9, 10, 11, 12, 13 and 15 of Block 22 of said
16 Fenton's Addition. All in Section 5, Township 37 North, Range 3 East of W.M.
17 PROVIDED, that -the County reserves and retains an easement for construction, repair
18 and maintenance of public utilities and services authorized or physically. located therein. Such
19 vacation shall not, however, prejudice private rights, private easements, prescriptive rights,
20 rights of access, ingress, egress or passage.
21 WHEREAS, The petitioners submitted pertinent facts stating that the roads were platted
22 prior to 1905 and were never opened for public usage; that they are useless for the County road
23 system and the public would benefit from the vacation, and
24 WHEREAS, the County Engineers office has reviewed the above named portions of
25 roadway which are Class B roads wherein no public expenditures were made; and concurs with
26 the petitioner in that being subject to the Territorial Laws of 1890, no appraisal is required and
27 the fair market value has been determined to be $.00; and the County has no choice but to agree
28 in said vacation, and
Page 1
WHEREAS, the County Engineer recommends approval of this vacation.
2 WHEREAS, this vacation does not become effective until the fees are paid and the Final
3 Order and Resolution are recorded with the County Auditor.
4 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
5 above described portions of Stangroom, Democrat and Bass Streets and unnamed alleys in
6 Fenton's Addition to New Whatcom, as petitioned for by Daugherty and Johnston, et al, be
7 hereby vacated.
8 APPROVED this -6 day of April , 1996.
9 WHATCOM COUNTY COUNCIL
10 ATTEST: WHATCOM COUNTY, WASHINGTON
Pd 12 Dana rown - Davis, Cou cil Clerk Nel n, *CbuncY1=C-h::�
air
13 APPROVED AS TO FORM AND CONTENT:
l^
Civil Deputy fo cuting Atty.
Page 2