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HomeMy WebLinkAboutres2021-032Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-467 File ID: AB2021-467 Version: 1 Status: Approved File Created: 07/28/2021 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution Department Assigned to: Council Public Works & Health Committee Final Action: 08/10/2021 Agenda Date: 08/10/2021 Enactment #: RES 2021-032 Primary Contact Email: sdraper a co.whatcoin.wa.us<maiIto: sdraper(c)co.whatcom.wa.us> TITLE FOR AGENDA ITEM: Resolution in the matter of considering vacating a portion of Boxwood Road SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The attached resolution in the matter of considering vacating a portion of Boxwood 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: 08/10/2021 Council Public Works & Health Committee Aye: 3 Nay: 0 Absent: 0 08/10/2021 Council Aye: 7 Nay: 0 Absent: 0 Action: RECOMMENDEDFOR APPROVAL Frazey, Donovan, and Browne Sent To: APPROVED Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Whatcom County Page 1 Printed on 8/1112021 Agenda Bill Master Report Continued (AB2021-467) Attachments: Staff memo, Proposed Resolution, Petition Whatcom County Page 2 Printed on 811112021 SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO. 2021-032 IN THE MATTER OF CONSIDERING VACATING A PORTION OF BOXWOOD ROAD WHEREAS, on May 5, 2021; the City of Bellingham, et. al. submitted a petition for the vacation of a portion of Boxwood Road lying within the unincorporated area of Whatcom County, accompanied by the penal sum of $790.00, and, WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is considered useless the Whatcom County Council may declare its intention to formally consider vacation, by resolution. WHEREAS, without pre -judging the result of its future consideration of this matter, the Whatcom County Council has received sufficient information to warrant consideration of vacation of the right-of-way identified in the above -referenced petition and described more fully below; NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County Council to consider vacation of the following described right of way: All that portion of Boxwood Road as dedicated on Bakerview Addition to the City of Bellingham, filed for record February 26, 1938, and recorded in Volume 7 of Plats, Pages 40 through 45, records of Whatcom County, Washington, more particularly described as follows: All that portion of said Boxwood Road lying between the south right of way margin of Horton Road, as dedicated on said Bakerview Addition Plat and the north right of way margin of Thomas Road, as dedicated on said Bakerview Addition Plat. Situate in Whatcom County, Washington. Subject to and/or together with all easements, covenants, restrictions and/or agreements of record or otherwise, and further subj ect to Whatcom County retaining an easement in respect to the portion of right-of- way proposed for vacation, for the construction, repair, and maintenance of any and all public utilities and services now located on or in the portion that may be vacated. AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County Council on the matter,�Afbgr;oposed vacation so that the Council may set a public hearing on the matter. APPIOVEJti� Oo� August 2021 Al WHATCOM COUNTY COUNCIL A.TTE JB ATCO UN Y, WASHINGTON �- Da�a`$r4n-Davisk, oily&lerk. yuchanan, Council Chair 7jA A.�O ChrisCol)her Quinn Civil De p'iftyArrosecufor (approved eleetronically 7/27/2021)