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HomeMy WebLinkAboutres2021-009• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 F Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-141 File ID: AB2021-141 Version: 1 Status: Approved File Created: 02/24/2021 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution Department Assigned to: Council Public Works & Health Committee Final Action: 03/09/2021 Agenda Date: 03/09/2021 Enactment#: RES 2021-009 Primary Contact Email: sdraper(tico. whatcom. wa. us <maiIto: sdraper(cr;co.whatcom.Wa.us> TITLE FOR AGENDA ITEM: Resolution granting a quit claim deed/partial release of easement rights to the City of Bellingham SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Whatcom County owns a drainage easement that currently encumbers City of Bellingham property. The City of Bellingham will be using the property as part of a wetland mitigation bank and it is necessary for the drainage easement to be released to accomplish that and has requested that Whatcom County release the drainage easement. Public Works evaluated the drainage easement and determined that it is no longer needed and is supportive of releasing all interest in the portion of the drainage easement currently encumbering the City of Bellingham property HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 03/09/2021 Council Public Works & Health RECOMMENDED FOR Committee APPROVAL Aye: 2 Frazey, and Donovan Nay: 0 Absent: 1 Browne 03/09/2021 Council APPROVED Aye: 6 Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 1 Byrd Whatcom County Page 1 Printed on 311012021 Agenda Bill Master Report Continued (AB2021-141) Attachments: Staff Memo, Proposed resolution, Original Easement, Exhibit B Map, Easement Release, Aerial Map Whatcom County Page 2 Printed on 311012021 SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO, a0a1-009 GRANTING A QUIT CLAIM DEED/PARTIAL RELEASE OF EASEMENT RIGHTS TO THE CITY OF BELLINGHAM WHEREAS, Whatcom County owns a drainage easement located off of Northwest Drive; and, WHEREAS, City of Bellingham owns property that is currently encumbered by a portion of the County's drainage easement; and, WHEREAS, City of Bellingham will be using the property as part of a wetland mitigation bank and it is necessary for the drainage easement to be released to accomplish that; and, WHEREAS, City of Bellingham has requested that Whatcom County release the portion of its drainage easement that encumbers the property; and, WHEREAS, Whatcom County Public Works has determined that the drainage easement is no longer needed and is supportive of releasing all interest in said drainage easement; and, WHEREAS, after due consideration by the Whatcom County Council, it appears to the Council that it will be in the best interest of both the County and the City of Bellingham that the County release its interest in the portion of the drainage easement currently encumbering the City's property (as described in Exhibit A) to the City of Bellingham for and in consideration of mutual benefits; and, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized to execute a quit claim deed/partial release of easement rights to the City of Bellingham for the portion,Qf thesdrg}page easement as described in Exhibit A. APPRQ td'1l"i�,sv9 ��s � , March , 2021 ,� �, WHATCOM COUNTY COUNCIL I. WHATCOM COUNTY, WASHINGTON ATTES js. OF Dana brown° r a.Vfp, ;�dtu ty' Clerk Barry Buchanan, Council Chair APPROVED ASS TO FORM: Christopher Quinn Civil Deputy Prosecutor (approved electronically 2/23/2021) EXHIBIT A Easement area to be released described as follows: That portion of the easement described under Whatcom County Auditor's File No. 973944 lying over, under and across the following described parcel: All that part of the Northeast Quarter of the Southwest Quarter of Section 2, Township 38 North, Range 2 East of W.M., lying Northeasterly of the Northwest Diagonal Road, except the Right -of -Way for Northwest Drive; Except the portion thereof described by beginning at a point where the Northeasterly Right -of - Way line of the Northwest Diagonal Road crosses the South Line of said Northeast Quarter of the Southwest Quarter; thence Northwesterly along said Northeasterly Right -of -Way line, a distance of 310 feet; thence Northeasterly, perpendicular to said Northwest Diagonal Road, a distance of 217 feet; thence Southeasterly, and parallel to the Northeasterly Right -of -Way line of said Northwest Diagonal Road, to a point on the South line of said Northeast Quarter of the Southwest Quarter; thence westerly along the South line of said subdivision, to the Point of Beginning.