HomeMy WebLinkAboutres2015-025WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -115A
CLEARANCES
Inil'al
Date
Date Received in Council Office
Agenda Date
Assigned to:
AH
_ I
6 -23 -15
Introduction
Originator:
FR' E C 2� V E D
_
Division Head:
JUN 16 2015
WHATGOM COUNTY
C O U N G L
7/21/2015 7/21/2015
Public Hearing
Dept Head:
0 1
Prosecutor:
%
P6Iti /t5
Purchasing/Budget:
Executive:
TITLE OF DO'o A Resolution Vacating a Portion of Delta Line Road.
ATTACHMENTS. 1. Cover Memo
2. Resolution
3. Neighboring Land Owner's Petition
4. Map of Site
S. Engineer's Report
6. Comparative Market Analysis
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing ? ( X) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date: 3 -26 -13
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. 3
Be clear in explaining the intent of the action.)
The attached Resolution Vacating a Portion of Delta Line Road 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:
6/23/2015: Introduced 7 -0
7 /21 /2015:Approved 6 -0, Mann absent, Res. 2015 -025
7/22/2016: Vacation Process Completed
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2015 -025
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.
1 SPONSORED BY:
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE; 6/23/2015
4 RESOLUTION NO. 2015 -025
5
6 A RESOLUTION VACATING A PORTION OF DELTA LINE ROAD
7
8 WHEREAS, on January 28, 2015, Scott Loomer and Iris Loomer, et.al., submitted a petition
9 for the vacation of a portion of Delta Line Road lying within the unincorporated area of
10 Whatcom County, accompanied by the penal sum of $790.00, and,
11 WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is
12 considered useless the Whatcom County Council may declare its intention to formally
13 consider vacation, by resolution.
14 WHEREAS, the County Council voted 6 -0 on March 31, 2015, to consider this vacation
15 request and directed the County Engineer's office to report; and
16 WHEREAS, the County Engineer's office has reviewed the portion of the street which is a
17 Class A -1,6 right -of -way, wherein public expenditures were made, no part thereof lies in
18 any plat, and it was abandoned in fact due to relocation of right -of -way, and in the exercise
19 of his judgment has determined the public will benefit from said vacation; and
20 WHEREAS, it's unknown if there are public utilities located within the portion ofthe right -
21 of -way to be vacated, but an easement for said utilities will be retained by the County, and
22 WHEREAS, the fair market value has been determined to be $2.53 per square foot for
23 15,440 square feet included within this portion of Delta Line Road, making the total value
24 of the area to be vacated $39,063.00; and
25 WHEREAS, the County Engineer has reviewed said compensation and determined it to be
26 fair value; and
27 WHEREAS, the petitioner has met all of the petition requirements, as set forth by Chapter
28 12.20 Whatcom County Code, and all other applicable laws; and
29 WHEREAS, the applicant has six calendar months from the date of the Preliminary Order
30 of Vacation to pay any remaining fees to the Whatcom County Council office, which checks
31 should be made payable to the Whatcom County Treasurer, prior to the vacation becoming
32 effective, including but not limited to the appraised value of the area sought to be vacated;
33 and
34 WHEREAS, this vacation does not become effective until the fees are paid and the Final
35 Order and Resolution are recorded with the County Auditor;
1 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom
2 County Council to vacate the following described right of way:
3
4 A tract of land within the southeast quarter of the southeast quarter of
5 Section 1, Township 39 North, Range 1 East of W.M., and within the
6 southwest quarter of the southwest quarter of Section 6, Township 39
7 North, Range 2 East of W.M. being more particularly described as follows:
8
9 Commencing at the Section corner common the Sections 6 and 7,
10 Township 39 North, Range 2 East, W.M., and Section 1 and 12, Township
11 39 North, Range 1 East of W.M.; thence North 01 °49'50" East, along the
12 section line common to said Sections 6 and 1, a distance of 3 0. 00 feet to a
13 point on the North right -of -way of Grandview Road, said point being the
14 True Point of Beginning; thence North 89 °01'52" West, along the north
15 right -of -way line of Grandview Road, a distance of 20.00 feet to an
16 intersection with the west right -of -way line of Delta Line Road; thence
17 North 01 '49'5 0" East, along the west right -of -way line of Delta Line Road
18 a distance of 317.05 feet; to a point on the south right -of-way line of that
19 certain right -of -way granted to the public by deed dated August 3`d, 2005
20 and recorded under Whatcom County Auditor's File Number 2050802925;
21 thence Northeasterly along a curve to the left which radius point bears
22 North 44 °24'28" West 180.00 feet, an arc distance of 32.06 feet through a
23 central angle of 10° 12' 16" to a point on the section line between aforesaid
24 Sections 6 and 1; thence continuing along said curve to the left an arc
25 distance of 97.17 feet through a central angle of 30 °55'52" to a point on
26 the east right -of -way line of Delta Line Road as depicted and dedicated on
27 the "Grandview Light Industrial Park General and Specific Binding Site
28 Plan" as per the map thereof recorded under Whatcom County Auditor's
29 File Number 920110138; thence South 01 °46'36" West a distance of
30 201.31 feet to the southwest corner of Lot 21 of said "Grandview Light
31 Industrial Park "; thence South 88 °37'32" West a distance of 10.02 feet;
32 thence South 01 °49'50" West a distance of 229.97 feet to a point on the
33 north right -of -way line of Grandview Road; thence South 88 °30'04" West
34 a distance of 20.03 feet to Point of Beginning. Containing 15,440 square
35 feet more or less.
36
37 SUBJECT TO and /or together with all easements, covenants, restrictions,
38 and /or agreements of record or otherwise; and
39 SUBJECT TO an easement retained by the County in respect to the vacated
40 portion of right -of -way for the construction, repair, and maintenance of any
41 and all public utilities and services, now located on or in the vacated portion.
42
43 BE IT FURTHER RESOLVED that upon applicants' completion of payment for the
44 property and of all other fees, a Final Order of Vacation shall be prepared by Council
45 Staff, signed by the appropriate parties, and recorded with the County Auditor; and
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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.
APPaVNVI lyIri � ay of July
-
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*a l3fov i .Qdnty Berk
RPPROV if IASW FORM:
Chief Civil Deputy Prosecutor
_, 2015
WHATCOM COUNTY COUNCIL
W14ATCOM COUNTY,
Carl Weimer, Council Chair
I SPONSORED BY:
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE:
4 RESOLUTION NO. 2015 -053
5
6 AMENDING PREVIOUS RESOLUTION AND ORDER VACATING A PORTION OF
7 DELTA LINE ROAD
8
9 WHEREAS, on January 28, 2015, Scott Loomer and Iris Loomer, et.al., submitted a petition for
10 the vacation of a portion of Delta Line Road lying within the unincorporated area of Whatcom
11 County, accompanied by the penal sum of $790.00, and,
12
13 WHEREAS, the County Council voted 6 -0 on July 21, 2015, to approve this vacation request;
14 and
15
16 WHEREAS, the resolution approving the vacation gave the petitioners six calendar months from
17 the date of the Preliminary Order of Vacation to pay any remaining fees to the Whatcom County
18 Council office prior to the vacation becoming effective, including but not limited to the
19 appraised value of the area sought to be vacated; and
20
21 WHEREAS, the petitioners have requested additional time to pay those fees; and
22
23 WHEREAS, Public Works is supportive of granting the petitioners additional time to pay the
24 fees; and
25
26 NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council grants the
27 petitioners an additional six calendar months, for a total of twelve months from the date of the
28 Preliminary Order of Vacation to pay any remaining fees to the Whatcom County Council office.
29
30 BE IT FURTHER RESOLVED that if the conditions set forth above are not fulfilled within
31 twelve months from the date of the passage of the Preliminary Order of Vacation, the
32 Amended Preliminary Order of Vacation which is hereby authorized shall be withdrawn,
33 and the right -of -way shall not be deemed to have been vacated.
34 �g4iad;� § "s'Flr
35 APPIQDt'thi °{ay of November 2015
36 ' ° r•
37 Alf, N AT"
•;. WHATCOM COUNTY COUNCIL
38 "i WHATCOM COUNTY, WASHINGTON
39 °
40 t _`
41 Dana WomC - Davis, �ty Clprk Carl Weimer, Council Chair
42 w '
43 �..
44 APPROVED AS TO FORM:
45
47
48 Chief Civil Deputy Prosecutor
After recording return document to:
WHATCOM COUNTY COUNCIL OFFICE
311 GRAND AVENUE, SUITE 105
BELLINGHAM, WA 98225 -4038
DOCUMENT TITLE:
REFERENCE NUMBER OF
RELATED DOCUMENT:
GRANTOR(S):
GRANTEE(S):
ABBREVIATED LEGAL DESCRIPTION:
Whatcom County, WA 201 5 - 0702350
Total:$79.00 Pgs =7
VACA 0712212016 09:12 AM
Request of: WHATCOM COUNTY COUNCIL
111111111111111111111111INI111111IIIIII IIIIIIII
00037500201607023500070070
FINAL ORDER OF VACATION
Preliminary Order of Vacation
AR #2015 - 1200258
Resolution 2015 -025
Resolution 2015 -053
WHATCOM COUNTY
Scott and Iris Loomer
A portion of Delta Line Road No. 146
(SE 1/4 SE 1/4 S1 T39N R1E)
ADDITIONAL LEGAL DESCRIPTION ON PAGE TWO OF DOCUMENT.
ASSESSOR'S TAX /PARCEL NUMBERM: 390101 518015 0000
390206 015071 0000
390206 015014 0000
IN THE MATTER OF THE VACATION OF portion of Delta Line Road No. 146, filed by
Scott and Iris Loomer, ET AL:
FINAL ORDER OF VACATION
WHEREAS, the Whatcom County Council did, on July 21, 2015, order the
vacation of portion of Delta Line Road No. 146, petitioned by Scott and Iris Loomer,
et al., and entered a preliminary order of vacation, recorded by the County Auditor
on July 29, 2015 under reference number 2150703350. Subsequently, a resolution
extending the due date for payment of the remaining fees for six months was
approved by the Council on November 24, 2015. An amended preliminary order of
vacation was recorded by the County Auditor on December 2, 2015 under reference
number 2015 - 1200258; 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 $39,957.00 were paid by the petitioner on July 19,
2016;
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road(s) or
portion(s) thereof, described below, be vacated: A tract of land within the southeast
quarter of the southeast quarter of Section 1, Township 39 North, Range 1 East of
W.M., and within the southwest quarter of the southwest quarter of Section 6,
Township 39 North, Range 2 East of W.M. being more particularly described as
follows:
Commencing at the Section corner common the Sections 6 and 7, Township
39 North, Range 2 East of W.M. and Section 1 and 12, Township 39 North,
Range 1 East of W.M.; thence North 01049'50" East, along the section line
common to said Sections 6 and 1, a distance of 30.00 feet to a point on the
North right -of -way of Grandview Road, said point being the True Point of
Beginning; thence North 89001'52" West, along the north right -of -way line of
Grandview Road, a distance of 20.00 feet to an intersection with the west
right -of -way line of Delta Line Road; thence North 01049'50" East, along the
west right -of -way line of Delta Line Road a distance of 317.05 feet; to a point
on the south right -of -way line of that certain right -of -way granted to the
public by deed dated August 3rd, 2005 and recorded under Whatcom County
Auditor's File Number 2050802925; thence Northeasterly along a curve to the
left which radius point bears North 44024'28" West 180.00 feet, an arc
distance of 32.06 feet through a central angle of 10012'16" to a point on the
section line between aforesaid Sections 6 and 1; thence continuing along said
curve to the left an arc distance of 97.17 feet through a central angle of
30055'52" to a point on the east right -of -way of Delta Line Road as depicted
and dedicated on the "Grandview Light Industrial Park General and Specific
Binding Site Plan" as per the map thereof recorded under Whatcom County
Auditor's File Number 920110138; thence South 01046'36" West a distance of
201.31 feet to the southwest corner of Lot 21 of said "Grandview Light
Industrial Park "; thence South 88037'32" West a distance of 10.02 feet;
thence South 01049'50" West a distance of 229.97 feet to a point on the
north right -of -way line of Grandview Road; thence South 88030'04" West a
distance of 20.03 feet to Point of Beginning. Containing 15,440 square feet
more or less.
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.
Dated July 20, 2016.
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Wryuchanan, Council Chair