HomeMy WebLinkAboutres1992-075WIIATCOM COUNTY COUNCIL JENDA BILL
NO. AB92 -470
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator. Randy Watts,Civil Pros
12/8/92
Public Services / Council
Division Head:
Dept. Head:
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT:
Resolution authorizing the prosecuting attorney's office to proceed with legal action to acquire a permanent .
easement over property on the east side of Lake Whatcom.
ATFACBWA7S.
Resolution
SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #: n a
Should Clerk schedule a hearin ? NO /xx/ YES Requested date:
Amount budgeted for this item /project: $
Is it or will it be within budget? YES NO lease a lain below
Budget line item number(s): ,
T'i accordance with the settlement of a lawsuite in 1987 Whatcom County was to receive an easement from Scott
aper over the old Builington Northern Railroad bed. Scott Paper sold the property and did not transfer the
the easement which shall be used for pedestrian and bicycle trail for public access along the beach
ORIGINATOR'S RECOMMENDED ACTION
Approve the resolution.
COMMITTEE ACTION TAKEN
COUNCIL ACTION TAKEN:
12/8/92: Council approved the resolution.
Related File Numbers: Ordinance or Resohn on Number (this item only): R92 -075
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SPONSORED BY: _ Consent_
PROPOSED BY:— Prosecutor's Office
INTRODUCTION DATE:__ 12LL92____
RESOLUTION NO. 92 -075
RESOLUTION AUTHORIZING THE PROSECUTING
ATTORNEY'S OFFICE TO PROCEED WITH LEGAL ACTION
TO ACQUIRE A PERMANENT EASEMENT OVER PROPERTY
ON THE EAST SIDE OF LAKE WHATCON
WHEREAS, in accordance with the settlement of a
lawsuit in 1987 Whatcom County was to receive an easement from
Scott Paper over the old Burlington Northern Railroad bed; and,
WHEREAS, all of the other conditions were met in an
agreement dated 1988, yet Scott Paper sold the property and
did not transfer the easement; and,
WHEREAS, said easement shall be used for pedestrian and
bicycle trail for public access along the beach and is
therefore utilized for public purpose; and,
WHEREAS, since that time Whatcom County has been making
efforts to trade for that property for easement purposes as
well as for mater shed protection purposes, however, that
trade has not been consummated and may not be consummated in
the future; and,
WHEREAS, since this is not been completed yet the
County should take action to protect itself from statute of
limitations problems; and,
WHEREAS, the Whatcom County Council authorizes the
Petition for Condemnation and in 'conjunction with that
Petition authorizes a lawsuit against Scott Paper to recover
the costs of condemnation.
NOW, THEREFORE, BE IT RESOLVED that:
The Whatcom County Council does hereby authorize the
County Prosecuting Attorney's Office to proceed with legal
action to acquire said easements to be utilized for the public
purpose of pedestrian and bicycle trail along Lake Whatcom and
- Resolution - 1.
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to prosecute whatever legal action is necessary to recoup the
damages from Scott Paper Company in order to cover the costs
of said condemnation.
ATTEZT s
APPROVED t h i s 8th day o f December __p 1992 .
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
OANIEL M WARNER, Chairman
i
0� RAMONA REEVES
Clerk of the Council
APPROVED AS TO FORM:
RANDALL J. WATTS
Chief Civil putt'
Prosecuting Attorney
- Resolution - 2.