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Home My WebLink Aboutres2017-011WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -080 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MGM 2161117 ( B D FEB 14 2017 2121117 Pub Wks / Council Division Head: Dept. Head: MGM 216117 Prosecutor: WHATCOM COUNTY Purchasing /Hudget: COUNCIL Executive: ��,�J �1. \4j 11 TITLE OF DOCUMENT. Resolution Authorizing The Use Of Parks Property For Road Purposes ATTACHMENTS: Resolution, legal descriptions and property diagrams 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.) Request authorization by resolution for use of Park property along Birch Bay Drive to be included in the construction of the Birch Bay Drive and Pedestrian Project. t i COMMITTEE ACTION. • COUNCIL ACTION.• 2/21/2017: Forwarded to Council for approval 2/21/2017: Approved 7 -0, Res. 2017 -011 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res. 2017 -011 Once adopted and signed, ordinances and resolutions are available for viewing and printing on nNote: unty's website at: www.co.whatcom.wauslcounciL SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO. 2017 -011 A RESOLUTION AUTHORIZING THE USE OF PARKS PROPERTY FOR ROAD PURPOSES WHEREAS, Whatcom County is the owner of property along Birch Bay Drive described in Exhibit A; and, WHEREAS, the Whatcom County Parks Department is the custodian for said property which is a general government fund asset; and, WHEREAS, the Whatcom County Public Works Department needs to utilize portions of said property for the Birch Bay Drive and Pedestrian Facility Project as shown in Exhibit B; and, WHEREAS, the Whatcom County Parks Department is supportive of the project and the use of the property for the construction, alteration, operation, maintenance, and reconstruction of a shore protection facility, drainage facilities including but not limited to swales and a stormwater outfall pipe and for public beach access; and, WHEREAS, the property would remain under the custodianship of the Whatcom County Parks Department and would remain a general government fund asset; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council approves the use of general government fund asset for road purposes as they are addressed by the Birch Bay Drive and Pedestrian Facility Project, which is set forth in Exhibit B. APPRONP%diis L� s day of February 1 . 0 /f rfis A � Da Broi-,Davts, .ty Cl ING APPRC ' UDI, ,TTi; yQl Vl: 8 It @f , C&A De y Prosecutor , 2017 WHATCOM COUNTY COUNCIL PFIBMWIDUIVEYCOMMOL TARE 17 --1 R101ir OF WAY PLAN 8IRMISAVORIVE 9 MESMSFAam, eRp#o. 907001 BPi TOWNSHIP 40 N, RANGE I E TOWNSHIP 40N, RANGE I W WAUAMETTEMERM .�)AN WHATCOM COUNTY. WASHANGTON SMEYADIM = r 0 --. 7=14—MM-2 I --l= PAY ZW� maw �,W Lj !, ORCOCMDEASE149M d a minr fAr.lurp OF 'Net PUN m �xHiBi� A,� my h ji R1611r OF WAY PLAN SIRCH HA Y PRIVE A PEDEMM FAcaffy CRP A10. 90700► PROPORDEMMSM IOWNSHIP40N, RANGE I El TOWNSHIP 40N, RANGE I W WkLAMETTEMERMLAN, WHATCOM COUNTY, WASHINGTON PAY R j lawfiomm 0 11 , 4-w-( 'ice- L WWC�M rGUN RIGHT OF WAY FLM EXHIMT-L.2, RIGHT OF WAY PLAN I zy—km OWN HA Y PRIVE A MESMIN MedUrY CRP NO. 907001 FOWN5HIP 40N, RANGE I E IOWIIIIHII *IN, RANGE I W WIUAMETTEMERIMN. ,.,0, WHA MOM COMM WASHVVGTON @ MAN 1� i • 6- EXHIBIT .0 MAN 1� i • 6- EXHIBIT MMUM FAaawwm r7, R10911r OF WAY PLAN HIM BA Y PRIVE A PRESMIN FACIUM M NO. 907001 cq k TOWNSHIP 40 N. RANGE I JE TOWNSHIP 40N, RANGE I W W Jl- WILLAMEHEMERUAN, AS NG WHATCOM COUNTY. WASHINGTON Sul S ILI =1 =7 R R10911r OF WAY PLAN HIM BA Y PRIVE A PRESMIN FACIUM M NO. 907001 cq k TOWNSHIP 40 N. RANGE I JE TOWNSHIP 40N, RANGE I W W Jl- WILLAMEHEMERUAN, AS NG WHATCOM COUNTY. WASHINGTON Sul S ILI EXHIBIT A -4 =1 =7 EXHIBIT A -4 .. ....... RAI to I "oar R10mr OF WAY PLAN HIRMISAYPRIVES PEPEMNFAdiffY CVM0. 907001 ' - ------------ F71. ------- 0- r 1 0 J T -air, 'T' M I 11= MI., wol lx�o EXHIBIT A-5 TOWNSHIP 40MRANGE71F W TOWNSHIP 40N, RANGE I W WILLAMETTEMEROMN, 71 FCOM COUNTY, WASHINGTON WM4 I. ' - ------------ F71. ------- 0- r 1 0 J T -air, 'T' M I 11= MI., wol lx�o EXHIBIT A-5 M901 172— =009t— PAVS EASSWNTS j ('7771 BAtOI RIGHT OF WAY PLAN RIM RA Y DRIVE A MEMO Meftiry w NO. 907001 TOWNSHIP 40N, RANGE I E TO WNSHP 40N, W RANGE / W WILLAMETTEMERIDIAN, WHA TCOM COUNTY, WASHINGTON I @ � @ ® 4 14 0 �, 1 4 . - fwM iai —I,-- a DAY m ,� ff=" NR IM r] 6I..T I WAY PLAN EXHIBIT A-(o Parcel 4051243331250000 A tract of land in Government Lot 3, and adjacent tidelands, if any, described as follows: Beginning 50 feet North 59 °27'00" West of the intersection of the southerly line of Beach Way Drive and the easterly line of County Road No. 22 -46 (Birch Bay Drive); thence North 59 °27'00" West 50 feet; thence South 30 °33'00" West 60 feet to the westerly side of said road, to the True Point of Beginning; thence South 30 °33'00" West 100 feet; thence North 59 °27'00" West 100 feet; thence North 30 °33'00" East 100.00 feet to the westerly line of said road; thence along said road line South 59 °27'00" East 100 feet to the Point of Beginning. All in Section 24, Township 40 North, Range 1 West. Situate in Whatcom County, Washington. Parcel 40013 00903260000 That portion of Government Lot 2, Section 30, Township 40 North, Range 1 East of W.M., more particularly described as follows: Beginning at the Northerly Line of said Government Lot 2, 1935.2 feet west of the Northeast corner of the Southeast Quarter of the Northwest Quarter; thence South 21 °02' East 1043 feet to the true point of beginning; thence North 21'02' West 360 feet; thence South 83° West 253.78 feet; thence South 71'29'52" West 143.31 feet to the northerly right -of -way line of Birch Bay Drive; thence southeasterly along said northeasterly line to a point that bears South 71 °28' West of the Point of Beginning; thence North 71'28' East 415 feet, more or less, to the Point of Beginning; together with that portion extending to the meander line; together with Second Class Tidelands lying within the northerly and southerly extensions of the above described property lines. Together with the following tract abutting tract as described above: That portion of lots 7 -22 , Plat of Sea Links at Birch Bay, Phase I, according to the plat thereof, recorded in Volume 15 of Plats, Pages58 through 64, inclusive, under Auditor's File No. 1475323, records of Whatcom County, Washington, all being situate in Government Lot 2, Section 30, Township 40 North, Range 1 East of W.M., being more particularly described as follows: Beginning at a point on the north line of said Government Lot 2, 1935.20 feet North 87 °51'04" West of the northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 30; thence South 18 °53'04" East along the westerly boundary of said plat, 1043.00 feet; thence North 73 °36'56" East, 4.00 feet; thence North 18 °53'04" West, 4.00 feet distance from and parallel to said westerly boundary, 1041.64 feet to a point on said north line of Government Lot 2; thence North 87 °51'04" West along said north line, 4.29 feet to the Point of Beginning. EXHIBIT 6 Situate in Whatcom County, Washington. Parcel 405.1255315440000 All tidelands of the Second Class, as conveyed by the State of Washington by deed recorded under Whatcom County Auditor's File No. 156625, lying in front of and abutting upon the following described real property: That portion of Government Lot 1, Section 25, Township 40 North, Range 1 West of W.M., lying northeasterly of the following described portion of the Government Meander Line: Beginning at a point on the Meander Line 361.8 feet southeasterly of the Meander Corner between Sections 24 and 25 of said Township and Range, and running thence southeasterly along the Meander Corner 80 feet. Parcel 4051244590270000 That part of Government Lot Four (4), Section Twenty -Four (24), Township Forty (40) North, Range One (1) West of W.M., lying between the southwesterly line of County Road No. 46 and the Government meander line, adjoining and lying immediately southeasterly from that certain tract marked "Reserve" on the Plat of Cottonwood Beach, according to the official Plat thereof on file in the office of the Auditor of Whatcom County, Washington, and extending southeasterly to the northwesterly line of Lot B, Block Two (2), or Morgan Cottonwood Beach Plat, as per the Map thereof on file and of record in the office of the Auditor of Whatcom County, Washington, extended southwesterly. No parcel number platted reserve tract Tract of land labeled "Public Reserve" within the Plat of Cottonwood Beach, according to the official Plat thereof on file in the office of the Auditor of Whatcom County, Washington. Parcel 4051243231120000 &_405.1243081380000 Lots 8 to 22 inclusive, Block 2, and Lot 13 and the North half of Lots 14 to 17 inclusive, Block 3 of the Plat of Cottonwood Beach Park, and also all that portion of the NW 1/ of the SE % of Sec. 24, Twp. 40, N.R.1. West of W.M., lying South of the County Road. Also a tract of land as follows, to -wit: Beginning at a point on the Government Meander line as the same is now laid out in Section Twenty -four, Township 40 North, Range 1 West, W.M., which bears North 62° 27 1 /z' West 1909.26 feet distant from the stone marking the corner of fractional Sec. 24 and 25 in said Township; thence North 2722 1 /z' East 522.80 feet; thence running North 89 °44' West 540.76 feet; thence South 311.08 feet; thence South 62° 37 1 /Z' East 338.18 feet to place of beginning, less a tract previously deeded to A.M. Halvorson and less the County Road. The said last tract having excepted therefrom a tract of land 100' by 100' located in Lot 3, Section 24, Twn. 40 N. R.I. West, W.M., more particularly described as follows: Beginning at a point fifty feet (50) North 59 °27' East from the monument at the intersection of the southerly line of Beachway Drive, Plat of Cottonwood Beach Park and the Easterly line of County Road Nos. 22- 46, thence N. 57 °27' West 50 feet; thence South 32° 33' West 60 feet to the Westerly side of said County Road, to the point of beginning of said tract; thence South 30° 35' West 100.0 feet; thence N. 59 °27' West 100.0 feet; thence North 32 °33' East 100.0 feet to the Westerly line of said County Road; thence along the Westerly line of County Road South 59 °27' East 100.0 feet to point of beginning, title to the said last tract remaining in Grantors. All of said property being situated in the county of Whatcom, State of Washington. Parcel 40013 00620680000 Tidelands in front and abutting that portion of Government Lot 3 described as follows: Beginning at a point in the North line of Government Lot 3 in said Section 24, which is 225.37 feet west of the Northeast corner of said Lot 3 and running thence South 27 °22'30" west 778.85 feet to the meander line; thence North 62 °37'30" West 50 feet; thence North 27 °22'30" East to the North line of Government Lot 3; thence East to the point of beginning.