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Home My WebLink Aboutord1987-052DATE August 20, 1987 INTRODUCED BY CONSENT PROPOSED BY BONDING COUNSEL ORDINANCE NO. 87-52 AN ORDINANCE creating Whatcom County Road Improvement District No. 8 for street lighting maintenance, land- scaping maintenance and storm detention facilities maintenance in the area known as Cordata in Whatcom County, Washington. WHEREAS, a petition was filed by owners of all of the property in Appendix A to this ordinance requesting Whatcom County (the "County ") to form a road improvement district for storm detention facilities maintenance, for street lighting maintenance and landscaping maintenance in the area known as Cordata in the County, and WHEREAS, said petition has been delivered to the Clerk of the Council and is available for review; and WHEREAS, said petition and the legal description attatched thereto, have been reviewed by Raymond D. Weden & Associates, engineering consultants, who have delivered a certificate to this Council stating that said petition has been signed by the owners of all property within the proposed road improvement district as shown on the records of the Whatcom County Auditor and the Whatcom County Treasurer; and WHEREAS, all of the property owners in the proposed district have waived their right to any notice of public hearing and the conduct of-any public hearing regarding the formation of a road improvement district that may be required pursuant to RCW Ch. MMIM .WHEREAS, all of the property owners in the proposed district have waived their exemption from special benefit assessments provided by RCW 84.34.330, and said waivers are attached hereto as Appendix B; ORDINANCE - 1 NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF WHATCOM COUNTY, as follows: Section 1. There is hereby established, pursuant to Chapter 36.88 RCW, a road improvement district in Whatcom County to be known and designated as " Whatcom County Road Improvement District No. 8" (hereinafter "RID No. 8" or "District "). Said District shall include all the territory described in Appendix A to this ordinance, which is hereby incorporated by this reference. Section 2. It is hereby found that the plan for maintenance of storm detention facilities, street lighting and landscaping within RID No. 8 is feasible and that the benefits to be derived therefrom by the property within said District exceed the cost and expense of the formation of said District and the undertaking of the proposed maintenance improvements therein. Section 3. The following- described maintenance shall be performed from time to time wholly within RID No. 8 and other such work as may be incidental thereto (which maintenance improvements are herein referred to as the "Project "): (1) maintenance of street lighting; (2) maintenance of landscap- ing within the Kellogg- Horton road right of way; and (3) mainte- nance of centralized storm detention facilities within an area, commonly known as Cordata, a mixed use business park. Section 4. The initial total expense of the Project to be assessed in 1987 is now estimated to be $20,000. All of the costs and expenses of the maintenance Project shall be borne by the property within proposed RID No. 8. The final amount of said cost and expense to be borne by said benefited property owners during 1987 and in each year hereafter shall be determined after certification from the County's Department�of Public Works or its consulting engineer. Said costs and expenses will be assessed in accordance with ORDINANCE - 2 benefits received. The County Council hereby designates the council meeting on g — / 7 1987 as the hearing date for the final 1987 assessment roll. The Director of Public Works, the County's consulting engineers and bond counsel are hereby directed to publish and mail notice of said public hearing. The initial 1987 assessment shall be payable in cash within sixty days of a date hereinafter to be set by the County Treasurer pursuant to law. The amount of the final assessment, together with , interest and provisions for penalty, shall, upon confirmation of the assessment roll by the Council, become a lien upon each lot within RID No. 8 from the time said assessment roll is placed in the hands of the County Treasurer for collection. Section 5. The County Director of Public Works is hereby authorized and directed to undertake the maintenance Project. When the 1987 maintenance expenses have been completed and all the costs and expenses are known or can be predicted with reason- able accuracy, the County road engineer is further authorized and directed to prepare and file with the Clerk of the Council a final assessment roll setting forth that portion of the total 1987 costs and expenses of the maintenance Project to be assessed against all the property within RID No. 8 and the amount to be assessed against each lot. Section 6. There is hereby created on the books of the Whatcom County Treasurer a fund of the County, to be designated as the " Whatcom County Road Improvement District 8 Fund" (the "RID No. 8 Fund "). All money collected by the County Treasurer upon any assess- ment levied on property within RID No. 8 for the accomplishment of the Project shall be placed in the RID No. 8 Fund. Money in said Fund shall be used for no other purpose than the payment or reimbursement of costs and expenses of undertaking the ORDINANCE - 3 maintenance Project and the payment of the principal of or interest on interfund loans made or bond anticipation warrants issued for the maintenance Project. Section 7. Any warrants to be issued to provide interim financing for the maintenance Project shall be authorized by further ordinance of the County Council. Section 8. "Costs and expenses of undertaking the mainte- nance Project," as used herein and in any subsequent ordinance or resolution relating to RID No. 8, shall mean those costs and expenses described in RCW 36.88.015 and RCW 36.88.340, as follows: (1) the cost of all of the maintenance authorized in RID No. 8; (2) the estimated costs and expenses of all engineer- ing and surveying necessary to be done by the consulting engineer as may be employed by the County Council; (3) the costs of all advertising, mailing, and publishing of all notices; and (4) the cost of legal service and any other expenses incurred by the County for RID No. 8 or in the formation thereof, or by said RID No. 8 in connection with such maintenance and in the financing thereof, including interfund loans and the issuance of warrants or bonds. PASSED this 17th day of September , 1987. ATTEST:- 1d Clerk of the Pouncil WHATCOM COUNTY COUNCIL WHATCOM COUNTY,-- WASHING70N TORSI BURTON Chairman (X) APPROVED ( ) VETOED V zt� Shirley VAh Zant County Executive Date Published on September 2 and September 9, 1987 and September 23, 1987. This ordinance will become effective on September 28, 1987. ORDINANCE - 4 RAYMOND D. WEDEN & ASSOCIATES, INC. PROFESSIONAL ENGINEERS AND LAND SURVEYORS INDUSTRIAL, COMMERCIAL & MUNICIPAL PLANNING & ENGINEERING 3 CIVIL DESIGN PLANNING awWl LAND SURVEYING March 27, 1987 Rec. No. 87004 EXHIBIT "A" LEGAL DESCRIPTION Road Improvement District No. 8 Boundary BLOCKS 45, 47, 51, AND THOSE PORTIONS OF BLOCKS 46, 75 IN THE "BAKERVIEW ADDITION TO THE CITY OF B COUNTY, WASHINGTON AS PER THAT MAP THEREOF, RECORDED PAGES 40 TO 45, INCLUSIVE, (SAID PLAT LOCATED IN TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M.), THE ENTIRE PARTICULARLY DESCRIBED AS FOLLOWS: 48, 50, 71, 70, AND ELLINGHAM ", WHATCONI IN BOOK 7 OF PLATS, SECTIONS 1 AND 12, BOUNDARY BEING MORE COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 12; THENCE NORTH 88 DEGREES 48'07" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION, A DISTANCE OF 1315.24 FEET; THENCE NORTH 1 DEGREE 25'20" EAST ALONG THE WEST LINE OF BLOCK 41 OF SAID PLAT, 1312.99 FEET; THENCE NORTH 1 DEGREE 24'20" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 45 AND THE POINT -OF - OF BEGINNING; THENCE NORTH 89 DEGREES 14'26" WEST ALONG - -- - - - -- - - - -- THE SOUTH LINE THEREOF, A DISTANCE OF 1324.48 FEET; THENCE NORTH 1 DEGREE 01'34" EAST, A DISTANCE OF 1273.46 FEET TO A MONUMENT MARKING THE INTERSECTION OF JUNE ROAD AND ALLANS ROAD PER SAID PLAT; THENCE NORTH 25 DEGREES 18'23" WEST, A DISTANCE OF 1495.57 FEET; THENCE NORTH 0 DEGREES. 56'16" EAST, A DISTANCE OF 1347.65 FEET; THENCE NORTH 1 DEGREE 28'40" EAST, A DISTANCE OF 170.11 FEET TO THE NORTHERLY MARGIN OF FUTURE PROPOSED HORTON ROAD; THENCE NORTH 57 DEGREES 37'54" EAST ALONG THE SAID NORTHERLY MARGIN, A DISTANCE OF 1949.18 FEET TO A POINT OF CURVATURE OF WHICH THE CENTER POINT BEARS SOUTH 32 DEGREES 22'06" EAST; THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 670.00 FEET THROUGH A CENTRAL ANGLE OF 33 DEGREES 27'06 ", A DISTANCE OF 391.17 FEET TO A POINT OF TANGENCY; THENCE SOUTH 88 DEGREES 55'00" WEST CONTINUING ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 3.79 FEET TO INTERSECT THE EAST LINE OF SAID BLOCK 75; THENCE SOUTH 1 DEGREE 22'46" WEST ALONG THE EAST LINE OF SAID BLOCK 75, A DISTANCE OF 40.00 FEET TO THE CENTERLINE OF HORTON ROAD; THENCE SOUTH 1 DEGREE 18'24" WEST ALONG THE EAST LINE OF SAID BLOCK 70, A DISTANCE OF 1317.01 FEET TO A MONUMENT MARKING THE CENTERLINE OF THOMAS ROAD; THENCE SOUTH 0 DEGREES 58'54" WEST ALONG THE EAST LINE OF SAID BLOCK 51, A DISTANCE OF 1334.56 FEET TO A MONUMENT MARKING THE CENTERLINE OF STUART ROAD; THENCE SOUTH 0 DEGREES 56'00" WEST ALONG THE EAST LINE OF SAID BLOCK 47, A DISTANCE OF 1334.49 FEET TO THE CENTERLINE OF JUNE ROAD; THENCE SOUTH 89 DEGREES 38'30" EAST ALONG THE EAST, WEST CENTERLINE OF SAID SECTION 12 PER SAID "BAKERVIEW ADDITION" PLAT, A DISTANCE OF 1283.04 FEET TO THE WESTERLY MARGIN OF SR 539 COMMONLY KNOWN AS GUIDE MERIDIAN ROAD AS CONVEYED TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEEDS RECORDED UNDER AUDITOR'S FILE NO'S. 1321030, 1331866, 1549900 AND 1552319, AND ALSO THAT PORTION 222 GRAND AVE., SUITE C / BEWNGHAM, WASHINGTON 98225 / TELEPHONE (206) 671 -8200 • (206) 954 -7737 CONDEMNED BY THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY STIPULATED JUDGMENT AND DECREE OF APPROPRIATION FILED JANUARY 22, 1980, UNDER WHATCOM COUNTY CIVIL.CAUSE NO 57571; THENCE ALONG THE WESTERLY MARGIN OF SAID GUIDE MERIDIAN ROAD ALONG THE FOLLOWING COURSES AND DISTANCES: SOUTH 1 DEGREE 47'42" WEST, A DISTANCE OF 485.84 FEET; THENCE NORTH 88 DEGREES 12'18" WEST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 1 DEGREE 47'42" WEST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 88 DEGREES 12118" EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 1 DEGREE 47142" WEST, A DISTANCE OF 25.36 FEET TO A POINT ON THE CENTERLINE OF THAT TRACT OF LAND COMMONLY KNOWN AS KELLOGG ROAD, CONVEYED TO WHATCOM COUNTY FOR ROADWAY AND UTILITY PURPOSES UNDER AUDITOR'S FILE NO. 1542164; THENCE NORTH 89 DEGREES 25'57" WEST ALONG SAID CENTERLINE, A DISTANCE OF 1278.47 FEET TO THE EAST LINE OF SAID BLOCK 45; THENCE SOUTH 1 DEGREE 24'20" WEST ALONG SAID EAST LINE, A DISTANCE OF 54.79 FEET TO A POINT ON CURVE OF WHICH THE CENTER BEARS SOUTH 35.DEGREES 28'06" EAST, SAID POINT ALSO INTERSECTS THE EASTERLY MARGIN OF THAT TRACT OF LAND COMMONLY KNOWN AS WOODS ROAD AND KELLOGG ROAD, CONVEYED TO WHATCOM COUNTY FOR ROADWAY AND UTILITY PURPOSES UNDER AUDITOR'S FILE NO 1486124; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 53 DEGREES 07'34 "1 FOR AN ARC DISTANCE OF 23.18 FEET TO A POINT OF TANGENCY LYING ON THE EASTERLY MARGIN OF WOODS RAOD; THENCE SOUTH 1 DEGREE 24'20" WEST ALONG SAID EASTERLY MARGIN, A DISTANCE OF 47.80 FEET TO A POINT OF CURVATURE, THE CENTER OF WHICH BEARS SOUTH 88 DEGREES 35'40" EAST; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 620.00 FEET THROUGH A CENTRAL ANGLE OF 10 DEGREES 18914 ", FOR AN ARC DISTANCE OF 111.50 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 45; THENCE SOUTH 1 DEGREE 24'20" WEST ALONG SAID EAST LINE, A DISTANCE OF 392.94 FEET TO THE POINT_OF_BEGINNING. CONTAINING 208.542 ACRES. SITUATE IN WHATCOM COUTNY, WASHINGTON. SUBJECT TO ALL EASEMENTS OF RECORD. CENTER 5ECTION 1, TWP. 38 N., RGE.2 E. b DAVID R. S(RE ! DMPLE5 PLACE DAVID It.t KAY E. SYM 4200 GUIDEMERIDIAN _ � 4183 GUIDE MERIDIAN ` SEWNG"M,WA. T ILULGA CO 4200 GUIDe, uel M. BELUNGHAM, WA. 98226•'5582 �_ 98226 -5514 owno a Iwx a SYMN aaa GU"NWAIV ►Q a !Q u s•w,.ww+eua.nla � AA a 1542164 4iee au�a�neo+aW xrxa•asw QQG PETITION FOR FORMATTON OF ROAD TMPROVEMENT DISTRICT The undersigned hereby petition Whatcom County for the formation of a road improvement district. I. Nature and Territorial Extent of Maintenance Tmprovement.s The road maintenance improvement includes the (1) maintenance of street lighting; (2) maintenance of landscaping within the Kellogg -Woods road right of way; and (3) maintenance of centralized storm detention facilities within an area, commonly known as Cordata, a mixed use business park. The boundaries of the proposed improvement district are legally described on Exhibit A attached hereto. Also, hereto attached is Exhibit C, a map showing the boundaries which shows the proposed boundary limits of this proposed RID. The proposed road improvement district attached hereto shows the location of the roadways to be improved by the maintenance project. Il. Mode of Payment. The mode of payment for the proposed road maintenance project shall be special assessments to be levied on the property specially benefited by the maintenance improvements in accordance with the special benefits received. Assessments shall be levied in an amount equal to one hundred percent of the cost and expense of the improvements. Assessments, unless prepaid, shall be payable in installments in accordance with RCW 36.88.260. III. Ownership of Property by Petitioners The undersigned petitioners are the owners of the property within the proposed road improvement district described opposite our respective signatures. The undersigned have not conveyed any interest in the respective properties to any other person. IV. Waiver of Notices The undersigned hereby further waive any notice of public hearing and the conduct of any public hearing which may be required under RCW Ch. 36.88 on the formation of said road improvement district. Respectfully submitted, - (s• nat re) (printed name) (signature) Dr. Harold Heiner, President, WCC Per (printed name) E hibit A, attached. David R. Syre ( s nature ) President The Trillium Corporation (printed name) 6 David R. Syre ( sign ure) and Kay E. Syre by David R. Syre, her attornev in fact (printed name) David R. Syre ( signa re ) and Kay E. Syre by Davi R. Syre her attornev- in fact_ (printed name) �. Pronertv Description: Cal ista Corporation, An Alaskan Corn. See attached Leaal Description - Parcel T, containinn 12.233 acres. '!ash. St. Board for Comm. Col. Education See attached Leaal Descrintion - Parcel II, containinq 5.594 acres. Trillium Corporation See attached Leaal Descrintlon - Parcel III, containinn 64.008 acres. David R. o, Kawe E. Sire See attached Lenal Descriotion - Parcel IV, containing 77.930 acres. David ". S%ire and Kay E. Syre See attached Lenal Descrint,ion - Parcel V, containinn 23.503 acres. T. Limited °artnershin, p, David R. Syre ( ignature) David R. Syre l-!ashington Limited °artnershia President Cordata I See Attached Lenal Description - The Trillium rgrpnrati nn Mmi tech PartneRarcel VT. containinn 5.349 acres. Partner (printed name) ship, Partner -2- CMW1889 87/01/1