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HomeMy WebLinkAboutres2019-043Whatcom County Agenda Bill Master Report File Number: AB2019-499 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 File ID: AB2019-499 Version: 1 Status: Approved File Created: 09/24/2019 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution Department Assigned to: Council Public Works & Health Committee Final Action: 10/08/2019 Agenda Date: 10/08/2019 Enactment #: RES 2019-043 Primary Contact Email: Sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution in the matter of considering vacating a portion of Horton Road SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The attached resolution in the matter of considering vacating a portion of Horton Road 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 HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 10/08/2019 Council Public Works & Health RECOMMENDED FOR Committee APPROVAL Aye: 3 Brenner, Buchanan, and Frazey Nay: 0 Absent: 0 10/08/2019 Council APPROVED Aye: 7 Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 101912019 SPONSORED BY: P,,hi ; (, works PROPOSED BY: Public Works INTRODUCTION DATE: i n-R-2m n RESOLUTION NO. 2019-043 IN THE MATTER OF CONSIDERING VACATING A PORTION OF HORTON ROAD WHEREAS, on April 26, 2019; Chad TerWisscha and Ken Jorgensen submitted a petition for the vacation of a portion of Horton Road 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, without pre judging the result of its future consideration of this matter, the Whatcom County Council has received sufficient information to warrant consideration of vacation of the right-of-way identified in the above -referenced petition and described more fully below; NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to consider vacation of the following described right of way: That portion of Horton Road adjacent to Lot 5, Block 73 and Lot 12, Block 72, "Bakerview Addition to the City of Bellingham", recorded in Volume 7 of Plats, Pages 40 to 45, Section 1, Township 38 North, Range 2 East, W.M. Situate in Whatcom County, Washington. Subject to and/or together with all easements, covenants, restrictions and/or agreements of record or otherwise, and further subject to Whatcom County retaining an easement in respect to the portion of right-of- way proposed for vacation, for the construction, repair, and maintenance of any and all public utilities and services now located on or in the portion that may be vacated. AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County Council on the matter of the proposed vacation so that the Council may set a public hearing on the matter. APRQVD th1s $th d!„of October ATT Dana"Browri= V `;' ounty,.clerk APPROVED ADO FORM: q Senior Civil Deputy Prosecutor 2019 WF CO CO Ty MINGTON ILWHCO C T