HomeMy WebLinkAboutres2015-040WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2015 -304
CLEARANCES
Initial
Date
Date Received in Council 0frice
Agenda Date
Assigned to:
Ori tnator:
AH
9 -28 -15
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OCT 0 6 2015
10 -13 -15
PW /Council
Division Head:
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Dept. Head:
W H f T a u� COUNTY
Prosecutor:
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09/30 /N6
Purchasin /Bud el:
Executive: J/1;
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TITLE OF DOCUATNT. A Resolution in the Matter of Considering a Vacation for the Realignment of an
Unnamed Alley Within the Birch Bay West End Estates Plat
ATTACHMENTS. 1. Cover Memo
2. Resolution
3. Neighboring Land Owner's Petition
4. Map of Site
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
The attached Resolution in the Matter of Considering a Vacation for the Realignment of an Unnamed Alley
Within the Birch Bay West End Estates Plat is submitted per RCW 36.87 and WCC 12 -20.
Adoption of this resolution will trigger the County Engineer to report on the proposed vacation at a future
Council meeting. Once the County Engineer's report is submitted the road vacation will be considered by
Council under a separate resolution and a public hearing will need to be scheduled.
COMMITTEE ACTION:
COUNCIL ACTION:
10/13/2015: Motion carried to authorize the County
10/13/2015: Approved 4 -0 Resolution 2015 -040
Engineer to conduct the County
Engineers report.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Res. 2015 -040
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Count0's website at: www.co.whatcom.wa.us /council.
2 PROPOSED BY: Public Works
INTRODUCTION DATE: October 13, 2015
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5 RESOLUTION NO. 2015 -040
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7 IN THE MATTER OF CONSIDERING A VACATION FOR THE REALIGNMENT OF AN
8 UNNAMED ALLEY WITHIN THE BIRCH BAY WEST END ESTATES PLAT
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10 WHEREAS, on April 2, 2015; Brian Southwick and Linda Kiens, submitted a petition for the
11 vacation of a portion of an unnamed alley in exchange for replacement of the vacated portion
12 with a new alignment of equal value, within the Birch Bay West End Estates Plat lying
13 within the unincorporated area of Whatcom County, accompanied by the penal sum of
14 $790.00, and,
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WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is
considered useless the Whatcom County Council may declare its intention to formally
consider vacation, by resolution.
NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom
County Council to consider, in conjunction with dedication of a similar amount of
right -of -way nearby, the vacation of the following described right of way:
That portion of Lot 19, "Plat of Birch Bay West End Estates ", Whatcom County,
Washington, according to the plat thereof, recorded in Volume 8 of Plats, Page
76, records of said County and State more particularly described as follows:
Commencing at the Southeast corner of said Lot 19; thence North 34 °42'40" East
along the Easterly line of said lot, 125.00 feet to the Northeast corner of said lot;
thence South 25 °55'49" West, 45.54 feet; thence South 47 °51' 12" West, 14.09
feet; thence South 24 °02'41" West, 25.04 feet; thence South 32 °15'23" West,
37.70 feet to intersect the northerly right of way margin of Birch Bay Drive;
thence North 77 °10'00" West along said margin, 10.77 feet to the Point of
Beginning.
Subject to and/or together with all easements, covenants, restrictions and /or
agreements of record or otherwise.
I Also subject to Whatcom County retaining an easement in respect to the
2 vacated portion of right -of -way for the construction, repair, and maintenance of
3 any and all public utilities and services now located on or in the vacated
4 portion.
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6 AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the
7 County Council on the matter of the proposed vacation so that the Council may set a public
8 hcaripg jqn itt p matter.
9 APP , th 9 "/:'�f_ octQ�� 92015
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14 Dari, BrorVi, k •untZ,,, Jerk
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17 APPROVED AS TO FORM:
20 Chief Civil Deputy Prosecutor
W OC LINTY COUNCIL
Wl- A Y, WASH INGTON
3rwW � r-O
Carl Weimer, Council Chair