HomeMy WebLinkAboutres2019-039Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2019-379
File ID: AB2019-379 Version: 1 Status: Approved
File Created: 06/25/2019 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution
Department
Assigned to: Council
Agenda Date: 09/24/2019
Final Action: 09/24/2019
Enactment #: RES 2019-039
Primary Contact Email: Sdraper, i co.whatcom.wa.us <mailto:Sdral)ei• i co.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Resolution vacating Safsten Road
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The attached Resolution Vacating Safsten 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
Vacation Process Completed 02/07/2020
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/09/2019 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Brenner, Browne, Buchanan, Donovan, Frazey, and Sidhu
Nay: 0
Absent: 1 Byrd
09/24/2019 Council APPROVED
Aye: 7 Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay: 0
Whatcom County Page 1 Printed on 212112020
Agenda Bill Master Report Continued (AB2019-379)
Absent: 0
Attachments: Agenda Bill Master Report, Memo, Proposed Resolution, Vacation Petition, Engineers Report,
Market Analysis, Aerial Map, Affadavit of Posting 9.4.2019, Safsten Road Resolution notification
pending completion, Notice of Adoption for 9.24.2019, Public Hearing Sign In 9.24.2019
Whatcom County Page 2 Printed on 212112020
PROPOSED BY: Public Works
INTRODUCTION DATE: 7/9/2019
RESOLUTION NO. 2019-039
A RESOLUTION VACATING SAFSTEN ROAD
WHEREAS, on January 29, 2019, BP West Coast Products LLC submitted a petition for the
vacation of Safsten 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 by resolution its intention to formally consider
vacation; and
WHEREAS, the County Council voted 7-0 on May 7, 2019, to consider this vacation request and
directed the County Engineer's office to report; and
WHEREAS, the County Engineer's office has reviewed the portion ofthe street which is a Class B-1
right-of-way, wherein no public expenditures were made or they are non -ascertainable from records,
and no part thereof lies in any plat, and in the exercise of his judgment has determined that the
public will benefit from said vacation; and
WHEREAS, it is unknown if there are public utilities located within the portion of the right-of-way
to be vacated, but an easement for said utilities will be retained by the County, and
WHEREAS, the fair market value has been determined to be $0.33 per square foot for the
approximately 87,120 square feet of Safsten Road, making the total value of the area to be vacated
$28,750.00; and
WHEREAS, the County Engineer has reviewed said compensation and determined it to be fair
value; 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, including
but not limited to the appraised value of the area sought to be vacated; and
WHEREAS, this vacation does not become effective until the fees are paid and the Final Order and
Resolution are recorded with the County Auditor;
NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to
vacate the following described right of way:
A strip of land 33 feet in width on and along the west line of the E %2 SW '/ Section 6, Township
39 North, Range 1 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
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 for the property
and of all other fees, 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 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.
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APPR�W DMhQ d4Y of September , 2019
®�ti,•�®� C��®�' WHAT M CO Y COUNCIL
I WHATC M
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Dana Browri-Dggi,$ "VoUnty Clerk Rud Browne, Council Chair
APPROVED'AS' 'TO FORM:
Civil Deputy Prosecutor
Whatcom County, WA 202U-U2��779
Total:$106.50 Pgs=4
VACA 02/07/2020 12:14 PM
Request of: WHATCOM COUNTY COUNCIL
1111111111111111111111111111111111111111111111111
00204863202002007790040040
After recording return document to:
WHATCOM COUNTY COUNCIL OFFICE
311 GRAND AVENUE, SUITE 105
BELLINGHAM. WA 98225-4038
DOCUMENT TITLE: FINAL ORDER OF VACATION
REFERENCE NUMBER OF RELATED DOCUMENT: Preliminary Order of Vacation -
AR #2019-1001614
GRANTOR(S): WHATCOM COUNTY
GRANTEE(S): BP West Coast Products LLC
ABBREVIATED LEGAL DESCRIPTION: A strip of land 33 feet in width on and
along the west line of the E V2 SW V4 Section 6, Township 39 North, Range 1 East,
W.M. Situate in Whatcom County, Washington
ADDITIONAL LEGAL DESCRIPTION ON PAGE TWO OF DOCUMENT.
ASSESSOR'S TAX/PARCEL NUMBER(S): 3901062112100000
3901061801610000
3901062080760000
IN THE MATTER OF THE VACATION OF Safsten Road, filed by BP West Coast Products
LLC, ET AL:
FINAL ORDER OF VACATION
WHEREAS, the Whatcom County Council did, on September 24, 2019, order
the vacation of Safsten Road, petitioned by BP West Coast Products LLC, et al., and
entered a preliminary order of vacation, recorded by the County Auditor on October
11, 2019 under reference number 2019-1001614; 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 $29,626.00 were paid by the petitioner on (January 30,
2020);
NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the
road(s) or portion(s) thereof, described below, be vacated:
A strip of land 33 feet in width on and along the west line of the E 1/2
SW 1/4 Section 6, Township 39 North, Range 1 East, W.M. Situate in
Whatcom County, Washington
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, however, 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 first
paragraph of this document).
Dated February 7, 2020
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Dana Brown-Dcivi�, ouhcil Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Whatcom County, WA 2019-1001614
Total:$107.50 Pgs=5
VACA 10/11/2019 12:31 PM
Request of: WHATCOM COUNTY COUNCIL
1111111111111 IIIIIIIIII111111 II II 11111111III II III
00187974201910016140060068
After recording return document to:
WHATCOM COUNTY COUNCIL OFFICE
311 GRAND AVENUE, SUITE 105
BELLINGHAM, WA 98225-4038
DOCUMENT TITLE: PRELIMINARY ORDER OF VACATION
REFERENCE NUMBER OF RELATED DOCUMENT: Resolution 2019-039; AB2019-379
GRANTOR(S): WHATCOM COUNTY
GRANTEE(S): BP West Coast Products LLC
ABBREVIATED LEGAL DESCRIPTION: Safsten Road
ADDITIONAL LEGAL DESCRIPTION ON PAGE(S) FOUR OF DOCUMENT.
ASSESSOR'S TAX/PARCEL NUMBER(S): 3901062112100000; 3901061801610000;
3901062080760000
PRELIMINARY ORDER OF VACATION
IN THE MATTER OF THE PETITION for the vacation of Safsten Road, filed by BP West
Coast Products LLC, et al., the Whatcom County Council finds as follows:
THAT THE PETITION for vacation was filed on January 29, 2019 along with a deposit of
$790.00, and contained the following statement of facts by the petitioner pertinent to the
desired vacation:
Background
a. The Board of Supervisors of Mt. View Township, Whatcom County, Washington
established Safsten Road (County Road No. 716) as a county road right-of-way on
November 27, 1933.
b. The Safsten Road Order of Establishment describes the subject right-of-way as: "A
strip of land 33ft in width on and along the west line of the E 1hSWI/4 of Section 6,
Twp. 39, R 1 E, WM for use only for public road purposes, same to revert to grantors
herein should said grantee cease to maintain said property for road purposes."
Existing Conditions
c. Safsten Road consists of approximately 0.5 mile of unmaintained right-of-way
currently owned by Whatcom County.
d. The subject road is gated at the Safsten/Grandview Road intersection and is paved
north of Grandview Road for approximately 1,500 feet to an existing BP weather
station. North of the weather station, Safsten Road continues as an unimproved
compacted dirt lane that is used for periodic farm machinery ingress/egress to lands
leased by BP for agricultural management.
e. The Safsten Road right-of-way provides indirect access to the ARCO Mitigation Area,
which is located northeast of said road on a portion of Whatcom County Assessor's
tax parcel number 390106-211210. The ARCO Mitigation Area is subject to a
Restrictive Covenant recorded under Whatcom County Auditor File No. 2010201203
on February 12, 2001.
f. The Safsten Road right-of-way provides direct access to the BP Brown Road
Materials Storage Area (BRMSA) Mitigation Area, which is located east and west of
said road on portions of Whatcom County Assessor's tax parcel numbers 390106-
208076 and 390106-211210. The BRMSA Mitigation Area is subject to a Restrictive
Covenant recorded under Whatcom County Auditor File No. 2060102822 on January
19, 2006.
g. The Safsten Road right-of-way provides indirect access to the BP Compensatory
Mitigation Area 2 (CMA-2), which is located east of said road on portions of
Whatcom County Assessor's tax parcel numbers 390106-211210 and 390106-
518137. The CMA-2 area is subject to a Restrictive Covenant recorded under
Whatcom County Auditor File No. 210100781 on October 6, 2010.
h. The Restrictive Covenants recorded on the ARCO, BRMSA, and CMA-2 mitigation
areas each state: "There shall be no development of the Property for any purpose by
any entity whatsoever. There shall be no clearing, grading, or filling done on the
Property except for changes required to meet mitigation requirements or for further
habitat enhancements. The Property shall not be used as a depository for materials
or fill as a result of any clearing, grading, or development of any other property. "
i. The subject road does not facilitate public access to Whatcom County's shorelines
nor does it provide connectivity (primary or alternate) to the Whatcom County road
system.
j. The road proposed for vacation herein does not abut a body of water.
Public Benefit
k. The Safsten Road right-of-way provides direct access to a proposed 135.8-acre BP
Advance Mitigation Project (AMP) site north of the BRMSA Mitigation Area and west
of the ARCO and CMA-2 mitigation areas. Permit applications and associated
documentation for the AMP were submitted for local, state, federal and tribal agency
review in February 2018. The AMP includes modification of the unimproved,
compacted dirt portion of Safsten Road and removal of associated ditches to allow
unimpeded surface water flow across the road that will facilitate natural hydraulic
conditions supportive of on -site wetland preservation, restoration and creation.
I. Following completion, the AMP site will also be subject to a restrictive covenant
containing the same or similar development restrictions as those recorded on the
BRMSA, ARCO, and CMA-2 mitigation sites. Therefore, there will be no future
development potential on any adjacent parcels (other than the existing BP weather
station site) and the Safsten Road right-of-way will serve no future public right-of-
way purpose.
m. Vacation of the described right-of-way is one component of a variety of measures
that will be implemented to provide layers of protection necessary for the long-term
preservation of existing and proposed wetland mitigation and critical habitat
restoration areas.
n. Consistent with adopted land use goals and policies of the 201 7 Whatcom County
Comprehensive Plan, particularly Comprehensive Plan Policies 2OD-4 and 2RR-1, the
public interest will be served through conservation of open space, as well as
voluntary restoration and protection of wetlands and critical wildlife habitat.
o. Safsten Road is located within a portion of the BP Unit Whatcom Wildlife Area, which
is managed in conjunction with the Washington State Department of Fish and
Wildlife to support habitat conservation and recreational hunting. Recreational users
currently access the wildlife area from an existing parking area immediately east of
Safsten Road and north of Grandview Road. Vacation of Safsten Road will not
eliminate or diminish existing public access to the wildlife area.
p. Vacation will not eliminate existing public access to the Point Whitehorn Marine
Reserve or Birch Bay State Park to the west, or to other public access destinations in
the greater Cherry Point area.
q. The subject right-of-way does not facilitate public access (physical or visual) to the
marine shoreline.
r. No part of the subject road right-of-way lies within any plat, nor is any residential
structure or commercial business served by this road.
s. Vacation of said right-of-way and subsequent private ownership will reduce the
County's longterm fiscal responsibility to conduct on -going maintenance and repair
of the existing roadway and would reduce the overall amount of public road funds
that would otherwise need to be dedicated.
t. Vacation of said right-of-way is consistent with Whatcom County Interim Ordinance
No. 2018- 044.
Ownership
u. BP West Coast Products LLC (BP) owns approximately 583 acres located north of
Grandview Road, east of Jackson Road, west of Blaine Road (SR 548), and south of
Bay Road in Section 6, Township 39, Range 01 East, W.M.
v. BP owns all tax parcels abutting Safsten Road and all parcels directly and indirectly
served by said right-of-way.
w. Upon vacation of Safsten Road, BP will own and maintain a portion of said vacated
right-of-way for purposes of mitigation area maintenance and private security
access. The remainder of said vacated right-of-way would be restored to pre -
developed conditions, planted, and incorporated into the AMP.
x. Existing utility easements within or along Safsten Road will be maintained or
amended, as applicable, to facilitate continued public utility service.
y. BP and Adjacent Land Owners are supportive of the proposed road vacation and
have no objection to subsequent ownership of the vacated roadways by BP. See
signature pages included herein; and
THAT A PUBLIC HEARING on the Engineer's report in this matter took place before the
Whatcom County Council on September 24, 2019, and having heard and construed all
testimony and documentary evidence produced, the Council was satisfied that said road(s) or
portion(s) thereof is useless as part of the County road system and that the public will be
benefited by its vacation and abandonment.
IT IS THEREFORE ORDERED by the Whatcom County Council that said road(s) or
portion(s) thereof shall be vacated subject to the following conditions:
This vacation is subject to and/or together with all easements, covenants, restrictions,
and/or agreements of record or otherwise; and 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, or planned for the future;
PROVIDED that by March 24, 2020 the petitioner has paid in full all costs and
expenses incurred in the proceedings, and payment of the fair market value of the property by
the petitioner(s) involved (in this case the amount due is $28,750;
BE IT FURTHER ORDERED that the road, or portion thereof, to be vacated is legally
described as follows:
A strip of land 33 feet in width on and along the west line of the E 1/2 SW 1/4 Section 6,
Township 39 North, Range 1 East, W.M. Situate in Whatcom County, Washington
BE IT FINALLY ORDERED that the following conditions are placed upon the vacation of
this road: 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.
App�ro"vj�,qjLp t ,( fo ncil on September 24, 2019 and dated October 10, 2019.
WHAT O COU TY C UNCIL
ATTEST':��,°°� WHA CO COU TY, SHINGTON
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Dana" rowDav'R; `Count fl Clerk ,: �r Rud Browne, Council Chair
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