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Home My WebLink Aboutres2016-016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -304A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: � Originator: AH , � `J E � V E D MAR 15 2016 3 -22 -16 Introduction Division Head: 1 ' �� 5/3/2016 Council- Hearing Dept. Head: A OM COUNTY - Prosecutor: COUNCIL Purchasin /Bud et: A Executive: K TITLE OF DbtU NT: In to Matter of a Vacation for the Realignment of an Unnamed Alley Within the Birch Bay West Knd Estates Plat ATTACHMENTS. 1. Cover Memo SEE SECOND AGENDA BILL 2. Resolution 3. Neighboring Land Owner's Petition 4. Map of Site S. Engineer's Report 6. Right of Way Deed SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) 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 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. The County Engineer's report has been prepared and is being submitted in favor of this road vacation. A public hearing will need to be scheduled. COMMITTEE ACTION. • COUNCIL ACTION. 3/22/2016: Introduced 5/3/2016: Approved 7 -0, Res. 2016 -016 5/17/2016: Vacation Process Completed Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2016 -016 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us /council._ WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -304A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: March 22, 2016 Council - Intro Division Head: May 3, 2016 Council - Hearing Dept. Head: Prosecutor: Purchasing /Budget: Executive. - TITLE OF DOCUMENT. Resolution approving the vacation for the realignment of an unnamed alley within the Birch Bay West End Estates Plat, filed by Brian Southwick and Linda Kiens ATTACHMENTS: Resolution, petition, various documents SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: May 3, 2016 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 road prraposed to be vacated _is legally &c (gibed as allows: 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 14240" East along the Easterly line of said lot, 125.00 feet to the Northeast corner of said lot; thence South 25 15549" 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 11523" West, 37.70 feet to intersect the northerly right of way margin of Birch Bay Drive; thence North 77 110'00" West along said margin, 10.77 feet to the Point of Beginning. The petitioner of ers the otlowin pertinent facts in support of the petition: "The slight relocation of the public right -of -way will create a more functional and usable route to Birch Bay Dr. The home located at 8352 Birch Bay Dr. currently owned by Brian Southwick and Linda Kiens is in very close proximity to the right -of -way. This is not uncommon as the home was built in 1959 according to Whatcom County Assessor's records, at a time when physical survey of property would not have been a requirement for approval of a building permit. The proposed relocation will have no measurable impact or effect on the public's use of the right -of -way or safety of the persons using it (see attached exhibit drawings showing the relocation)." The County Engineer recommends: Said road should be vacated. The County Engineer recommends approval of this resolution. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract ##: Related File Numbers: Ordinance or Resolution Number: AB2015 -304 Res 2015 -040 I Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www. co. Whatcom. wa. us /council. PROPOSED BY: Public Works INTRODUCTION DATE: March 22, 2016 RESOLUTION NO. 2016 -016 APPROVING A VACATION FOR THE REALIGNMENT OF AN UNNAMED ALLEY WITHIN THE BIRCH BAY WEST END ESTATES PLAT WHEREAS, on April 2, 2015, Brian Southwick and Linda Kiens submitted a petition for the vacation of a portion of an unnamed alley in exchange for replacement of the vacated portion with a new alignment of equal value, within the Birch Bay West End Estates Plat lying within the unincorporated area of Whatcom County, accompanied by the penal sum of $790.00, and, 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. WHEREAS, the County Council voted 4 -0 on October 13, 2015, to consider this vacation request and direct the County Engineer's office to report; and WHEREAS, the County Engineer's office has reviewed the portion of the street which is a Class B -2,6 right -of -way, wherein no public expenditures were made or they are non - ascertainable from records, and part or all lies within a platted subdivision, and in the exercise of his judgment has determined the public will benefit from said vacation; and WHEREAS, public utilities are located within the portion of the right -of -way to be vacated and an easement for said utilities will be retained by the County; and WHEREAS, the amount of right -of -way to be vacated will be equal to the amount of right -of- way to be dedicated so no compensation is required for the vacation; and WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter 12.20 Whatcom County Code, and all other applicable laws; and WHEREAS, the applicant has six calendar months from the date of the Preliminary Order of Vacation to pay any remaining fees to the Whatcom County Council office, which checks should be made payable to the Whatcom County Treasurer, prior to the vacation becoming effective; and WHEREAS, this vacation does not become effective until the fees are paid, and until applicant executes a Right of Way Deed for the required right of way dedication area, and the Final Order and Resolution area recorded with the County Auditor; NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to vacate, in conjunction with dedication of a similar amount of right -of -way nearby, 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. SUBJECT TO an easement retained by the County in respect to the vacated portion of right -of- way for the construction, repair, and maintenance of any and all public utilities and services, now located on or in the vacated portion. BE IT FURTHER RESOLVED that upon applicants' completion of payment of all fees, and execution of a right -of -way deed for the area required by the County to be dedicated, a Final Order of Vacation shall be prepared by Council Staff, signed by the appropriate parties, and recorded with the County Auditor; and BE IT FURTHER RESOLVED that upon applicants' completion of payment of all fees, and execution of a right -of -way deed for the area required by the County to be dedicated, the Right of Way Deed for that portion to be dedicated by applicant will be recorded with the County Auditor; and BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within six months from the date of the passage of this Resolution, the Preliminary Order of Vacation which is hereby authorized shall be withdrawn, and the right -of -way shall not be deemed to have been vacated. APPROVF�t1#i10P ld,,0ay of May � rF ""S. " �-� "tom 0 � ' • � °'l A�_ ' wl • r� � � Da1&ar, ebwn -Da0; 'Cc y of tli Council APA9VEb As.�B -FVf *- Chief Civil Deputy Prosecutor 2016 WHATCOM COUNTY COUNCIL ENTCOM cffiT 1 TY, WASHINGTON Council Chair Whatcom County, WA '101 6.0501941 Total:$76.00 Pgs =4 VACA 05/17/2016 01:34 PM Request of: WHATCOM COUNTY COUNCIL 00028123201605019410040045 After recording return document to: WHATCOM COUNTY COUNCIL OFFICE 311 GRAND AVENUE, SUITE 105 BELLINGHAM, WA 98225.405$ DOCUMENT TITLE: FINAL ORDER OF VACATION REFERENCE NUMBER OF RELATED DOCUMENT: Preliminary Order of Vacation - AR #20160500460 ftht -of Way Deed - AR# 20160501821 GRANTOR(S): WHATCOM COUNTY GRANTEE(S): Brian Southwick and Linda Kiens ABBREVIATED LEGAL DESCRIPTION: Portion of unnamed alley within Birch Bay West End Estates Plat ASSESSOR'S TAX /PARCEL NUMBER(S): N/A - Alley IN THE MATTER OF THE VACATION OF unnamed alley, filed by Brian Southwick and Linda Kiens, ET AL: FINAL ORDER OF VACATION WHEREAS, the Whatcom County Council did, on May 3, 2016, order the vacation of unnamed alley, petitioned by Brian Southwick and Linda Kiens, et al., and entered a preliminary order of vacation, recorded by the County Auditor on May 5, 2016 under reference number 20160500460; and WHEREAS, the vacation was subject to payment by petitioner of all costs and expenses incurred in the proceedings of this vacation, and other conditions, and said costs and expenses totaling $814.00 were paid by the petitioner on May 12, 2016; NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road(s) or portion(s) thereof, described below, be vacated: "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 34042'40" East along the Easterly line of said lot, 125.00 feet to the Northeast corner of said lot; thence South 25055'49" West, 45.54 feet; thence South 47051 "12" West, 14.09 feet; thence South 24002'41" West, 25.04 feet; thence South 32015'23" West, 37.70 feet to intersect the northerly right of way margin of Birch Bay Drive; thence North 77010'00" West along said margin, 10.77 feet to the Point of Beginning." PROVIDED that the County reserves and retains an easement for construction, repair and maintenance of public utilities and services authorized or physically located therein; further, such vacation shall not prejudice private rights, private easements, prescriptive rights, rights of access, ingress, egress or passage, which may exist apart from any interest or rights of the public under the right -of -way that is herein vacated. Other conditions placed on this vacation are included in the Preliminary Order of Vacation (referred to in the first paragraph of this document). Dated May 17, 2016 '�N`� JIIIII III I/,, "I/ ATTESTs,� fit CO /" "A r • Dares Bra, k f WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON