HomeMy WebLinkAboutPublic Works April 20 20041
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Public Works and Safety Committee
April 20, 2004
Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in
the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present:
Dan McShane
Sam Crawford
Also Present:
Sharon Roy
Absent:
None
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION REGARDING PAST AND CURRENT ACTIVITIES AT JAMES
WAY WEST OF BIRCH BAY DRIVE (AB2004-165)
Joe Rutan, County Road Engineer, stated the James Way right-of-way is
shown in maps on Council packet pages 274 and 275. The beach reserve was
dedicated to the public as a playground and for public bathing purposes. The
names of the people dedicating the reserve are listed. On the next page is the Birch
Bay Park first addition, which has different owners of different land and doesn't
have any dedication of the beach reserve. The beach reserve can be considered as
having been retained by the developers. The beach reserve isn't beach. It's upland
property. The government meander line is the vegetation line at that time, and
changes over time. Beyond that is the beach, which is privately held tidelands.
Roy stated she's seen maps that show a beach reserve on the tide flats.
Rutan stated every house south of James Way is half on the beach reserve and half
on the upland property. The beach reserve was never dedicated to the public and it
was retained by the owner. At some point before 1963, the beach reserve was
incorporated into the upland lots and developed into houses. This property is
simply the last property that doesn't have a house. Last year, a person attempted
to build there, but the vacation was denied. Since then, the property has been sold
to a neighboring condominium. That person now holds title to that property and is
developing it as an auxiliary area to the condominiums. The right-of-way as shown
is still accessible today.
The fence there now jogs around the right-of-way. People may have a
private right through prescriptive use. At some point in the past, someone took
concrete road markers and put them in the corners of the right-of-way. They were
never set by a professional landscaper or recorded. They're not there now. All the
monumentation the County needs to lay out the right-of-way is still there.
Public Works and Safety Committee, 4/20/2004, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Roy stated those concrete markers indicated to the public where they were
to walk to get to the beach. Rutan stated they were actually used to mark the end
of the public right-of-way.
Roy stated she accepted the County's explanation that this is a matter
between two private parties. The County doesn't need to get any more involved in
this. She understands the fence is not on County right-of-way.
Brenner asked about prescriptive use. Rutan stated people have the option
to make that argument in court privately. People who own it have been adamant in
keeping people from trespassing. In Birch Bay Park first addition, there are eight
reserves in addition to the beach reserve and have houses on them. The C Shop is
one of them.
Roy stated one resident has a deed that grants her an easement. Rutan
stated there is a private easement across the property in question. The owners of
the James Way property were trying to trade the existing private easement and
make it available to the public. At that point, there was concern that access would
be provided to private tidelands.
Roy stated everyone understood it was a private easement connected to a
private beach reserve. Rutan stated the easement is across the beach reserve. It
does not go toward the beach. People have access to the right-of-way now.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:48 p.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown -Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Barbara Brenner, Committee Chair
Public Works and Safety Committee, 4/20/2004, Page 2