HomeMy WebLinkAboutres2016-032WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2015 -115A
CLEARANCES
Initi l
Date
Date Received in Council fffice
A enda Date
Assigned to:
Originator:
AH �
8 -29 -16
R1 � � � B � � D
SEP 0 6 2016
9 -73 -16
PW /Council
Division Head.,
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De 1. Head:
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W H ATCO M COUNTY
COUNCIL
Prosecutor:
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Purchasin 1
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Executive: 11" /
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TITLE OF I)OMAWNT. Amending Previous Resolution and Order Vacating a Portion of Delta Line
Road.
ATTACHMENTS. 1. Cover Memo
2. Resolution
3. Legal Description
4. Exhibit
E
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 titled "Amending Previous Resolution and Order Vacating a Portion of Delta Line
I Road" is submitted per RCW 36.87 and WCC 12 -20.
The County Council approved a vacation of a portion of Delta Line Road. It was discovered that the legal
description had an error and didn't describe the complete area to be vacated. The petitioners have submitted
the corrected legal description and Public Works is supportive of correcting the legal description.
COMMITTEE ACTION.•
COUNCIL ACTION:
9/13/2016: Forwarded to Council for approval
9/13/2016: Approved 7 -0, Resolution 2016 -032
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2016 -032
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
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PROPOSED BY: Public Works
INTRODUCTION DATE:
RESOLUTION NO. 2016 -032
AMENDING RESOLUTION 2015 -025 AND ORDER VACATING A
PORTION OF DELTA LINE ROAD
WHEREAS, on January 28, 2015, Scott Loomer and his Loomer, et.al., submitted a petition for the
vacation of a portion of Delta Line Road lying within the unincorporated area of Whatcom County,
accompanied by the penal sum of $790.00, and,
WHEREAS, the County Council voted 6 -0 on July 21, 2015, to approve this vacation request; and
WHEREAS, the resolution approving the vacation gave the petitioners six calendar months from the
date of the Preliminary Order of Vacation to pay any remaining fees to the Whatcom County Council
office prior to the vacation becoming effective, including but not limited to the appraised value of
the area sought to be vacated; and
WHEREAS, the County Council voted 7 -0 on November 24, 2015, to extend the due date for
payment of the remaining fees for an additional six months; and
WHEREAS, all costs and expenses for the vacation were paid by the petitioner on July 19, 2016;
and
WHEREAS, it was discovered that there was an error in the legal description of the vacation area;
and
WHEREAS, the petitioners have submitted the corrected legal description of the vacation area; and
WHEREAS, there are no independent third parties affected by the error in the legal description, and
the only parties that will be affected are the County and the petitioners; and
WHEREAS, Public Works is supportive of correcting the legal description of the vacation area;
NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to
vacate the following described right of way:
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:
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Commencing at the Section corner common the Sections 6 and 7, Township 39 North, Range 2
East, W.M., and Section 1 and 12, Township 39 North, Range 1 East of W.M.; thence North
01'49'50" 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 89'01'52" 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
01'49'50" East, along the west right -of -way line of Delta Line Road a distance of 317.05 feet; to a
point an the south right-of-way line of that certain right -of -way granted to the public by deed dated
August 3d,2005 and recorded under Whatcom County Auditor's File Number 2050802925; thence
Northeasterly along a curve to the left which radius point bears North 44 °24'28" West 180.00 feet,
an arc distance of 32.06 feet through a central angle of 10 °12'16" 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
105.42 feet through a central angle of 33 °33'26" to a point on the east right -of -way line 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 01'49'50" West a distance of 209.56 feet to the southwest corner of Lot
21 of said "Grandview Light Industrial Park "; thence South 88 °37'32" West a distance of 10.02
feet; thence South 01'49'50" West a distance of 229.97 feet to a point on the north right -of -way line
of Grandview Road; thence South 88 °30'04" West a distance of 20.03 feet to Point of Beginning.
Containing 15,440 square feet more or less.
SUBJECT TO and/or together with all easements, covenants, restrictions, and/or agreements of
record or otherwise; and
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 an Amended Final Order of Vacation shall be prepared by
Council Staff, signed by the appropriate parties, and recorded with the County Auditor;
APP ICE +tPt1' rt3thry �f' September 2016
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APPROVI /As iI'fJ'+E&M:
Chief Civil Deputy Prosecutor
TCOM COUNTY COUNCIL
TCOM:COUNTY WASHINGTON
Council Chair
Exhibit A
Road Vacation — Land Description
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, W.M., and Section 1 and 12, Township 39 North, Range 1 East of W.M.; thence North
01 °49'50" East, alongthe 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 89°01'52" 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 fine of Delta Line Road;
thence North 01 °49'50" 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 P, 2005 and recorded under Whatcom County Auditor's File
Number 2050802925; thence Northeasterly along a curve to the left which radius point bears
North 44 °2428" West 180.00 feet, an arc distance of 32.06 feet though a central angle of
10 °12'16" to a point on the section line between aforesaid Sections 6 and 1; thence continuing
along said curve to the left an are distance of 105.42 feet through a central angle of 33 °33'26"
to a point on the east right -of -way line of Delta Line road a depicted and dedicated on the
"Grandview Light Industrial Park General and Specific Minding Site Plan " as per the map thereof
recorded under Whatcom County Auditor's File Number 920110138; Thence South 01 °49'50"
West a distance of 209.56 feet to the southwest corner of Lot 21 of said "Grandview Light
Industrial Park "; thence South 88 °37'32" West a distance of 10.02 feet; Thence South 01 °49'50"
West a distance of 229.97 feet to a point on the north right -of -way line of Grandview Road;
thence South 88 °30'04" West a distance of 20.03 feet to Point of Beginning.
Together with and/or subject to: Covenants, conditions, restrictions and easements if any,
affecting title, which may appear in the public record, including those shown on any recorded
plat or survey.
EXHIBIT B
RIGHT -OF -WAY VACATION
CURVE
RADIUS
LENGTH 1 DELTA ANGLE�i
46.85" _ IT 89'28'51"
C1
30.00'
C2
120.00'
82.43' 39'21'34"
93 180.00'
145.26'
46'14'19"
C4
180,00'
32.06'
10' 12'16"
C5
180.00' 105.42'
33'33'26"
C6
180.00' 282.74"
90'00'00"
0 60 1201
I
Z
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N 1" = 60'
NF zo
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—N ae'1oia' �a' {r3j Q --
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PORTION OF VACATED
RIGHT -OF -WAY
If 20.
0
LOOMER:
T.P.N. _ a�
390101 518015 0000 ° o
72,218 S.F.
0
FORMER R -O-W
CENTERLINE —
(BEING REMOVED)
"TP06"
F 20 X.
I I
GRANGEi i w
I� 1
m
tS
o BUILDING 1
� I
L-. - .. —_._.J
PERRY LAND LLC:
T.P.N.
390206 015071 0000
203,576 SF
PORTION OF VACATED
RIG1•IT -OF -WAY
10.02
S 88'37'32, W 239.94
MASSETT:
T.P.N. 390206 015014 0000
55,091 SF
r —� L
I o I
I N
P L — J I HOUSE
J
PORTION OF VACATED
c— RIGHT -OF -WAY
DRIVE^ EP
GRANDVIEW 12 G R(3AD - S.R.548�
SECTION CORNER:
FOUND BRASS DISC
EXHIBIT B 0
MAP SHOWING AREA OF <
ROAD VACATION O
PORTION OF DELTA LINE ROAD ••
PERRY PALLET:
r? TAX PARCEL
30' 390206 015071 0000
AREA OF VACATION:
DELTA 20' 4267 S.F.
LOOMER:
TAX PARCEL
390101 515015 0000
AREA OF VACATION:
6573 S.F. ---7-
RAN DV I EW
D
z
MASSETT:
- TAX PARCEL
390206 015014 0000
1 AREA OF VACATION:
4600 S.F.
c�
r�
rn
m
N
N
0 60 120
20' 20' _._.
w-we
2 7 ROAD
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Exhibit A
Road Vacation — Land Description
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, W.M., and Section 1 and 12, Township 39 North, Range 1 East of W.M.; thence North
01 °49'50" 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 89 °01'52" 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 01 °49'50" 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 44 °24'28" West 180.00 feet, an arc distance of 32.06 feet though a central angle of
10 °12'16" to a point on the section line betwegqe of esaid Sections 6 and 1; thence cpftt jrrii��
along said curve to the left an arc distance o97.1 get throUgh a central angle of-0 "55'52 to
a point on the east right -of -way line of Delta Line road a depicted and dedicated on the
"Grandview Light Industrial Park General and Specific Binding Site Plan" as per �the, nibpt ,-e f
recorded under Whatcol County Auditor's File Number 920110138; Thence SGut M*4'6'36�
West a distance nr �ofl;1 feet to the southwest. corner of Lot 21 of said "Grandview Light
Industrial Park "; thence South 88 °37'32" West a distance of 10.02 feet; Thence South 01 °49'50"
West a distance of 229.97 feet to a point on the north right -of -way line of Grandview Road;
thence South 88 °30'04" West a distance of 20.03 feet to Point of Beginning.
Together with and /or subject to: Covenants, conditions, restrictions and easements if any,
affecting title, which may appear in the public record, including those shown on any recorded
plat or survey.
%. cw2 /y.