HomeMy WebLinkAboutres1984-0551 INTRODUCED BY: Hawley
2 PROPOSED BY: Hansey
3 DATE: December 6, 1984
4
5 RESOLUTION NO. 84 -55
6 A RESOLUTION IN THE MATTER OF REAFFIRMING THE
STATUS OF SOUTH BEACH WAY FROM SUCIA DRIVE TO
7 THE OCEAN WATER AS A PUBLIC ROAD RIGHT -OF -WAY
OPEN FOR PUBLIC USE
8
9 WHEREAS, a portion of South Beach Way was deeded to Whatcom
County on October 10, 1921 and recorded in Auditor's file volume
10 162 of Deeds, page 13 by George and Florence Boone, grantors, and
11 WHEREAS, a condition the County agreed to by acceptance of
the property was that it be used by the public forever as a
12 public road, and
13 WHEREAS, for many years the road was improved and maintained
by the County and used by the public for beach access by the
14 residents of the area for their enjoyment and pleasure prior to
being barricaded by the County in 1982, and
15
WHEREAS, the County Council determined that according to
16 State and County laws the road right -of -way could not be vacated
or its use denied to the public (R.C.W. 36.32.120 and Whatcom
17 County Shorelines Management Program 6.16 (8)), and
18 WHEREAS, the County administration agreed with the County
Council and at the Council meeting of March 10, 1983 (see minutes)
19 agreed to remove the barricade and restore the road right -of -way
to public use, and
20
WHEREAS, the County administration accepted the offer of area
21 residents to clear the surface of the right -of -way of debris and
lots so the public could enjoy the use of the publicly owned
22 property, and
23 WHEREAS, there is still confusion on the part of some County
officials as to the status of the property and the permitted.uses,
24
NOW, THEREFORE BE IT RESOLVED, that under authority of
25
R.C.W. 36.32.120 and applicable Whatcom County Codes that:
26
27 1. The,Whatcom County Council hereby reaffirms and declares
that the portion of South Beach Way between Sucia Drive
28 and the salt water has been and continues to be a
public road right -of -way.
29
2. The road right -of -way is not to be blocked in any way
30 preventing public vehicular access to the abutting
beach.
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3. The administration is authorized and encouraged to
accept volunteer labor to assist in keeping the road
right -of -way clear of debris, logs, obstructions and
other improvements to ensure maximum enjoyment of the
property by the public.
BE IT FURTHER RESOLVED that copies of this resolution shall
be distributed to the County Executive, the Sheriff's Department,
the Prosecuting Attorney's office, the Engineer's Department and
be made available for distribution to the residents of the area.
PASSED this 20th day of December, 1984.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Carol Ebergso
Clerk of the Coun 1
APPROVED AS TO FORM:
Randall J. Watts
Civil Deputy Prosecuting Attorney
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