HomeMy WebLinkAboutres1996-042WHATCOM COUNTY COUNCIL AGENDA BILL NO. 96 -231
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
inator: Ed Henken
Division Head:
E 0 E C V i° j
JUN 0 f�6�
r. "rt COUNTY
�l�HA I -- Ur 011,�
a r- t ;
6/11/96
Council - Intro
7/X/96
Council - Hearing
Dept. Head:Jeff Monsen
(fNgIP
Prosecutor:Randy Watts
(�
_
Purchasing/Budget:
Executive:
SUBJECT.
Resolution in the matter of Vacating County Roads at Cherry Point /Point Whitehorn.
ATTACHMENTS.
Cover memorandum
Resolution with Exhibit 'A'
SUMMARYSTATEMENT. Please complete sections of box as appropriate & explain the item below.
Related County contract #: N/A 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 / / NO / / (Please explain below)
let line item number(s):
The Trillium Corporation is hereby petitioning for the vacation of approximately five miles of County Road right -of -ways in
the Cherry Point /Point Whitehorn area. Three of the roads are improved and maintained, and three of the roads are
unimproved. The resolution as attached incorporates engineering recommendations.
ORIGINATOR'S RECOMMENDED ACTION:
Engineering recommends approval of the petitioned roads, except for a portion of the Brown Road. -
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN.
1996-231 6/11/96: Introduction
7/25/96: Approved 5 - 2, Brenner & Brown opposed. Res. #96-
042
.lance or Resolution Number (this item only):
Rte,
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 96 -231
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
ator: Petitioners / Engineering
June 5, 1996
June 11, 1996
Council - Intro
Division Head:
July 23, 1996
Council - Hearin
Dept Head:
Prosecutor.
Purchasin ud et:
Executive:
SUBJECT-
Resolution regarding the petition for the vacation of a portion of various county roads at Cherry Point, filed by Roberta
Balarezo for Trillium Corporation
ATTACHMENTS.
- Resolution
- Petition
- Various documents, on file
SUMMARYSTATEMENT: Please complete sections of box as appropriate & explain the item below.
Related County contract #: N/A
Should Clerk schedule a hearing? NO" / YES /JK/ see date above
Amount budgeted for this item/ project: $ N/A
Is it or will it be within budget? YES / / NO / / Please explain below
Budget line item number(s): N/A
...., road proposed to be vacated is described as follows: "A. An unnamed County right -of -way (ROW), being a 60 -foot wide strip of land
acquired under Whatcom County Auditor's File No. 746326, lying in Sections 11 and 12, Township 39 North, Range 1 West of W.M., Whatcom
County, WA. Further described as: Beginning at the southeast corner of the northeast quarter of the northeast quarter of said Section 12. Thence
westerly 1.5 miles, more or less, to the southwest comer of the northwest one quarter of the northeast one quarter of said Section 11. Except any
portion of Jackson, Koehn, or Point Whitehom Roads. Together with and Subject to any and all reservations or easements of record.
B. County Road No. 698 and 741, aka Brown Road, as established May 20, 1932 and August 6, 1940, respectively, lying in Sections 11 and
12, Township 39 North, Range 1 West of W.M., Whatcom county, WA. Further described as follows: A 40 -foot strip of land beginning at the east
one quarter comer of said Section 12 and running westerly one half mile, more or less, to the center of said Section, AND being a 60 -foot wide
strip of land beginning at the East one quarter corner of said Section 11 and running westerly one half mile, more or less, to the center of said
Section AND being a 60 -foot wide strip of land acquired by deeds under Whatcom County Auditor's File Numbers 796184, 796183 and 746326
beginning at the center of said Section 12 and running westerly one half mile, more or less, to the west one quarter corner of Section 12, EXCEPT,
the 40 -foot strip lying in the easterly 1,617 -feet of Section 12 AND EXCEPT any portion of Jackson and Point Whitehom, and Koehn Roads.
Together with and Subject to any and all reservations or easements of record.
C. An unnamed 30 -foot wide strip of land acquired under Whatcom County Auditor's File No. 746326 and being the east 30 -feet of the north
one half of the west 15 -acres of the northeast one quarter of the southeast one quarter of Section 11, Township 39 North, Range 1 West of W.M.,
Whatcom County, WA, EXCEPT any portion of Brown Road. Together with and Subject to any and all reservations or easements of record.
D. County Road No. 736, aka Point Whitehorn Road, as established November 9, 1937, being a 60 -foot wide strip of land beginning at the
corner common to Sections 11, 12, 13 and 14, Township 39 North, Range 1 West of W.M., thence northerly one mile, more or less, to its
intersection with Grandview Road near the corner common to Sections 1, 2, 11 and 12, Township 39 North, Range 1 West of W.M., Whatcom
County, WA EXCEPT any portion of Aldergrove and Grandview Roads: Together with and Subject to any and all reservations or easements of
record.
E. County Road No. 414, aka Aldergrove Road, as established July 6, 1906, being a 40 -foot wide strip of land beginning at the comer
common to Sections 12 and 13, Township 39 North, Range 1 West of W.M. and Sections 7 and 18, Township 39 North, Range 1 East. Thence
westerly along the Section line, 1 -mile, more or less, to the corner common to Sections 11, 12, 13 and 14, Township 39 North, Range 1 West.
Together with a deed for widening, as recorded under Whatcom county Auditor's File No. 484671, in the southwest corner of said Section 12,
atcom County, WA EXCEPT any portion of Jackson and Point Whitehom Roads. Together with and Subject to any and all reservations or
_,ements of record.
F. County Road No. 606, aka Lonseth Road, as established April 5, 1921, being a 40 -foot strip of land beginning at the east one quarter
corner of Section 13, Township 39 North, Range 1 West of W.M. and running westerly for one quarter mile, more or less to the northwest comer
vernment Lot 4, said Section 13. As described under Whatcom County Auditor's File No. 240733, EXCEPT any portion of Jackson Road.
,either with and subject to any and all reservations or easements of record. ". The petitioner offers the following pertinent facts in support of the
petition: "The Trillium Corporation acquired all the property surrounding these roads in 1995. There is no further need for these roads.
Additionally, the roads subject to the vacation petition have caused health, safety and security issues as well as physical property damage to
petitioner and to petitioners tenants of the property."
ORIGINATOR'S RECOMMENDED ACTION.•
See Engineer's report (due prior to the hearing date)
COUNCIL ACTION TAKEN.•
,lated File Numbers: Ordinance or Resolution Number (this item only):
SPONSORED BY: Public Works
PROPOSED BY: County Engineer
INTRODUCTION DATE: June 11, 1996
RESOLUTION NO. 96 -042
IN THE MATTER OF VACATING COUNTY ROADS
AT CHERRY POINT/POINT WHITEHORN
WHEREAS, the Trillium Corporation, 4350 Cordata Parkway, Bellingham, WA
98226, on November 7, 1995 filed a petition with the Dept. of Public Works for the vacation
of six roads within their Cherry Point ownership, and
WHEREAS, the application and report fees have been paid; the roads petitioned to be
vacated are:
ROAD A. An unnamed road through the north half of Sections 11 and 12, Township 39
North, Range 1 West, extending from the Jackson Road, westerly to the Koehn
Road.
ROAD B. Brown Road, beginning at a point 1,617 feet west of the east quarter corner of
Section 12 and continuing west, westerly in Section 11 to the Koehn Road.
ROAD C. An unnamed road south off the Brown Road, approximately 630 -feet in the
southeast quarter of Section 11.
ROAD D. The Point Whitehorn Road from the Grandview Road to the Aldergrove Road.
ROAD E. The Aldergrove Road from the Point Whitehorn Road to the Jackson Road.
ROAD F. The Lonseth Road, westerly 1,300 -feet from the Jackson Road.
WHEREAS, the legal descriptions for the above roads are as follows:
A. An unnamed County right -of -way (ROW), being a 60 -foot wide strip of land acquired
under Whatcom County Auditor's File No. 746326, lying in Sections 11 and 12,
Township 39 North, Range 1 West of W.M., Whatcom County, WA. Further
described as: Beginning at the southeast comer of the northeast quarter of the
northeast quarter of said Section 12. Thence westerly 1.5 miles, more or less, to the
southwest corner of the northwest one quarter of the northeast one quarter of said
Section 11. Except any portion of Jackson, Koehn, or Point Whitehorn Roads.
Together with and Subject to any and all reservations or easements of record.
B. County Road No. 698 and 741, aka Brown Road, as established May 20, 1932 and
August 6, 1940, respectively, lying in Sections 11 and 12, Township 39 North, Range
1 West of W.M., Whatcom county, WA. Further described as follows: A 40 -foot
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strip of land beginning at the east one quarter corner of said Section 12 and running
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westerly one half mile, more or less, to the center of said Section, AND being a 60-
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foot wide strip of land beginning at the East one quarter corner of said Section 11 and
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running westerly one half mile, more or less, to the center of said Section AND being a
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60 -foot wide strip of land acquired by deeds under Whatcom County Auditors File
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Numbers 796184, 796183 and 746326 beginning at the center of said Section 12 and
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running westerly one half mile, more or less, to the west one quarter corner of Section
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12, EXCEPT, the 40 -foot strip lying in the easterly 1,617 -feet of Section 12 AND
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EXCEPT any portion of Jackson and Point Whitehom, and Koehn Roads. Together
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with and Subject to any and all reservations or easements of record.
C. An unnamed 30 -foot wide strip of land acquired under Whatcom County Auditor's File
No. 746326 and being the east 30 -feet of the north one half of the west 15 -acres of the
northeast one quarter of the southeast one quarter of Section 11, Township 39 North,
Range 1 West of W.M., Whatcom County, WA, EXCEPT any portion of Brown
Road. Together with and Subject to any and all reservations or easements of record.
D. County Road No. 736, aka Point Whitehom Road, as established November 9, 1937,
being a 60 -foot wide strip of land beginning at the comer common to Sections 11, 12,
13 and 14, Township 39 North, Range 1 West of W.M., thence northerly one mile,
more or less, to its intersection with Grandview Road near the comer common to
Sections 1, 2, 11 and 12, Township 39 North, Range 1 West of W.M., Whatcom
County, WA EXCEPT any portion of Aldergrove and Grandview Roads. Together
with and Subject to any and all reservations or easements of record.
E. County Road No. 4.14, aka Aldergrove Road, as established July 6, 1906, being a 40-
foot wide strip of land beginning at the comer common to Sections 12 and 13,
Township 39 North, Range 1 West of W.M. and Sections 7 and 18, Township 39
North, Range 1 East. Thence westerly along the Section line, 1 -mile, more or less, to
the comer common to Sections 11, 12, 13 and 14, Township 39 North, Range 1 West.
Together with a deed for widening, as recorded under Whatcom county Auditor's File
No. 484671, in the southwest comer of said Section 12, Whatcom County, WA
EXCEPT any portion of Jackson and Point Whitehom Roads. Together with and
Subject to any and all reservations or easements of record.
F. County Road No. 606, aka Lonseth Road, as established April 5, 1921, being a 40 -foot
strip of land beginning at the east one quarter corner of Section 13, Township 39
North, Range 1 West of W.M. and running westerly for one quarter mile, more or less
to the northwest corner of Government Lot 4, said Section 13. As described under
Whatcom County Auditor's File No. 240733, EXCEPT any portion of Jackson Road.
Together with and subject to any and all reservations or easements of record.
WHEREAS, the petitioner has met all of the petition requirements as set forth by
W.C.C. 12.20 and R.C.W. 36.87, and
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File No: 96- 07--::' 50 -.4
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WHEREAS, the fair market value of the area sought to be vacated has been determined
by appraisal together current County policy as to determining the value of existing
improvements, and
WHEREAS, if the vacation is granted, the petitioner will have six calendarinonths
from the date of passage of this Resolution to pay any remaining fees and established value to
the Whatcom County Council office prior to the vacation becoming effective, and
WHEREAS, the Engineer has a detailed staff report, designated Exhibit "A ", and made
a part hereto by reference, and
WHEREAS, the classification of the road area and the nature of the County's interest
therein, in accordance with W.C.C. 12.20.060 is as follows:
1. Class A - Roads with public expenditures made are roads D, E and F.
2. Class B - No expenditures made or non - ascertainable from records are roads A, B & C.
These roads are exempted from automatic vacation under RCW 36.87.090 in that the
County has obtained the land by deed conveyance.
3. Class 1 - No part thereof lies in any plat. All roads A, B, C, D, E, & F fall into this
class.
4. Class 3 - Did not remain unopened for public use for a period of five years after the
authority was granted for opening. Roads D, E, & F were opened and used within five
years.
5. Class 4 - Remained unopened for public use for five or more years after the order made
or authority granted for opening. Road A, B, & C remain unopened for public use for
five or more years.
NOW, THEREFORE, BE IT RESOLVED, that based on the information provided by the
petitioner, the Engineer, and at the Public Hearing, that:
ROAD A. Unnamed road, east half of Section 11 & Section 12, shall be VACATED in
that the road is not necessary for the County Road System and the public will be
benefitted by said vacation.
ROAD B. Brown Road shall be VACATED as petitioned except for the westerly 301 feet
for which vacation shall be DENIED, as all but the westerly 301 feet of said
Brown Road is not necessary for the County Road System and the public will be
benefitted by said vacation, except for the westerly 301 feet for which vacation
shall be denied.
ROAD C. Unnamed road, south off Brown Road, Section 11, shall be VACATED in that
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the road is not necessary for the County Road System and the public will be
benefitted by said vacation.
ROAD D. Point Whitehorn, Grandview to Aldergrove vacation petition shall be
VACATED as the road location is necessary for the industrial development of
property in the vicinity, and such development will be of benefit to the public
and the road is not necessary for the County Road System.
ROAD E. Aldergrove, from Point Whitehorn to Jackson Road, vacation petition shall be
VACATED as the road location is necessary for the industrial development of
property in the vicinity, such development will be of benefit to the public and
the road is not necessary for the County Road System.
ROAD F. Lonseth, westerly of Jackson, shall be VACATED in that the road is not
necessary for the County Road System and the public will be benefitted by
said vacation.
BE IT FURTHER RESOLVED, that the value for the roads being vacated be established at
$168,000.00 for the land plus $108,000.00 for the existing roadway improvements, totaling
$276,000.00, as described in Exhibit "A ". Said vacation shall become effective providing
the sum of $276,000 is paid within six calendar months after the passage of this Resolution.
The petitioner may at their option retain the Jersey curb barricade at the Pt. Whitehorn-
Aldergrove intersection upon the payment of an additional $4,000.00.
BE IT FURTHER RESOLVED, upon payment of the above appraised value, the Clerk of
the Council shall prepare an Order of Vacation and have it along with this Resolution
recorded by the County Auditor.
APPROVED 23 day of JulY , 1996.
C' O
WHATCOM COUNTY COUNCIL
ATT: ' .�, WHATCOM COUNTY, WASHINGTON
n- ,;\ oun ' Ward Nelson, Coun it Chair
• r,
APPROVED -AS TO FORM AND CONTENT:
Civil Deputy Prosecuting Atty.
Vol: 510 Page: :3•,3
File No: 9607250f---.4
PRELIMINARY ORDER OF VACATION
IN THE MATTER OF THE PETITION for the vacation of various county roads at
Cherry Point, filed by Trillium Corporation, c/o Roberta Balarezo, et. al., the Whatcom County
Council finds as follows:
THAT THE PETITION for vacation was filed on June 5, 1996, along with a deposit of
$682, and contained the following statement of facts by the petitioner pertinent to the desired
vacation: "The Trillium Corporation acquired all the property surrounding these roads in 1995.
There is no further need for these roads. Additionally, the roads subject to the vacation- petition
have caused health, safety and security issues as well as physical property damago to petitioner
and to petitioners tenants of the property "; and
THAT A PUBLIC HEARING on the Engineer's report in this matter took place before
the Whatcom County Council on July 23, 1996 and having heard and construed all testimony and
documentary evidence produced, the Council was satisfied that said road(s) or portion thereof is
useless as part of the County road system and that the public will be benefitted by its vacation and
abandonment;
IT IS THEREFORE ORDERED by the Whatcom County Council that said road(s) or
portion(s) thereof shall be vacated subject to the following conditions:
PROVIDED that by January 23, 1997 the petitioner has paid in full all costs and expenses
incurred in the proceedings, and payment of the fair market value of the property by the
petitioner(s) involved (in this case the amount due is $281,023.58);
BE IT FURTHER ORDERED that the road or portion thereof to be vacated is legally
described as follows:
"A. An unnamed County right -of -way (ROW), being a 60 -foot wide strip of land acquired under
Whatcom County Auditor's File No. 746326, lying in Sections 11 and 12, Township 39 North,
Range 1 West of W.M., Whatcom County, WA. Further described as: Beginning at the
southeast corner of the northeast quarter of the northeast quarter of said Section 12. Thence
westerly 1.5 miles, more or less, to the southwest corner of the northwest one quarter of the
northeast one quarter of said Section 11. Except any portion of Jackson, Koehn, or Point
Whitehorn Roads. Together with and Subject to any and all reservations or easements of record.
B. County Road No. 698 and 741, aka Brown Road, as established May 20, 1932 and August 6,
1940, respectively, lying in Sections 11 and 12, Township 39 North, Range 1 West of W.M.,
Whatcom county, WA. Further described as follows: A 40 -foot strip of land beginning at the
east one quarter corner of said Section 12 and running westerly one half mile, more or less, to the
center of said Section, AND being a 60 -foot wide strip of land beginning at the East one quarter
corner of said Section 11 and running westerly one half mile, more or less, to the center of said
Section AND being a 60 -foot wide strip of land acquired by deeds under Whatcom County
Auditor's File Numbers 796184, 796183 and 746326 beginning at the center of said Section 12
and running westerly one half mile, more or less, to the west one quarter corner of Section 12,
WHHTCOM COUNTY
> ELL I FIOHHM; WA
07125/96 6 12 :15 PM
REQUEST OF: WHHTCOM C
Shir-le,d For-_loF3 AUDITOR
BY: LR� DEPUTY
$.00 VACAT
Vol : c 1 0 page:
File No -' _ f_50 e" - 4.c0f =.4
EXCEPT, the 40 -foot strip lying in the easterly 1,617 -feet of Section 12 AND EXCEPT any
portion of Jackson and Point Whitehorn, and Koehn Roads. Together with and Subject to any
and all reservations or easements of record.
C. An unnamed 30 -foot wide strip of land acquired under Whatcom County Auditor's File No.
746326 and being the east 30 -feet of the north one half of the west 15 -acres of the northeast one
quarter of the southeast one quarter of Section 11, Township 39 North, Range 1 West of W.M.,
Whatcom County, WA, EXCEPT any portion of Brown Road. Together with and Subject to any
and all reservations or easements of record.
D. County Road No. 736, aka Point Whitehorn Road, as established November 9, 1937, being a
60 -foot wide strip of land beginning at the corner common to Sections 11, 12, 13 and 14,
Township 39 North, Range 1 West of W.M., thence northerly one mile, more or less, to its
intersection with Grandview Road near the corner common to Sections 1, 2, 11 and 12, Township
39 North, Range 1 West of W.M., Whatcom County, WA EXCEPT any portion of Aldergrove
and Grandview Roads. Together with and Subject to any and all reservations or easements of
record.
E. County Road No. 414, aka Aldergrove Road, as established July 6, 1906, being a 40 -foot
wide strip of land beginning at the corner common to Sections 12 and 13, Township 39 North,
Range 1 West of W.M. and Sections 7 and 18, Township 39 North, Range 1 East. Thence
westerly along the Section line, 1 -mile, more or less, to the corner common to Sections 11, 12, 13
and 14, Township 39 North, Range 1 West. Together with a deed for widening, as recorded
under Whatcom county Auditor's File No. 484671, in the southwest corner of said Section 12,
Whatcom County, WA EXCEPT any portion of Jackson and Point Whitehorn Roads. Together
with and Subject to any and all reservations or easements of record.
F. County Road No. 606, aka Lonseth Road, as established April 5, 1921, being a 40 -foot strip
of land beginning at the east one quarter corner of Section 13, Township 39 North, Range 1 West
of W.M. and running westerly for one quarter mile, more or less to the northwest corner of
Government Lot 4, said Section 13. As described under Whatcom County Auditor's File No.
240733, EXCEPT any portion of Jackson Road. Together with and subject to any and all
reservations or easements of record. "
BE IT FINALLY ORDERED that the following conditions are placed upon the vacation
of this road: 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 prejudice private rights, private easements, prescriptive rights, rights of access, ingress,
egress or passage; and .
Approved by the Council on July 23, 1996 and dated July 24, 1996.
ATTESTCO
o �ow is, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L. Ward Nelson, Council Chair
File No: 96072506-4