HomeMy WebLinkAboutres2022-016Whatcom County COUNTY COURTHOUSE
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� Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2022-121
File ID: AB2022-121 Version: 1 Status: Approved
File Created: 02/09/2022 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution Requiring a Public Hearing
Department
Assigned to: Council Public Works & Health Committee Final Action: 04/12/2022
Agenda Date: 04/12/2022 Enactment #: RES 2022-016
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution vacating a portion of Horton Road
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The attached resolution vacating a portion of Horton 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
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action:
Sent To:
02/22/2022 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
03/22/2022 Council PUBLIC HEARING HELD (file
not final)
03/22/2022 Council RECONSIDERED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Whatcom County Page 1 Printed on 412812022
Agenda Bill Master Report Continued (AB2022-121)
03/22/2022 Council
Absent: 0
Aye: 7
Nay: 0
Absent: 0
04/12/2022 Council Public Works & Health
Committee
04/12/2022 Council
04/12/2022 Council
Aye: 7
Nay: 0
Absent: 0
HELD IN COUNCIL Council
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
DISCUSSED
PUBLIC HEARING HELD (file
not final)
APPROVED AS AMENDED
Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Attachments: Agenda Bill Master Report, Approved Resolution 2022-016, Staff memo, Original proposed
resolution, Resolution as Amended 4.12.22, Engineer's Report, Petition, Market Analysis, Map
Whatcom County Page 2 Printed on 412812022
SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 2/22/2022
RESOLUTION NO. 2022-016
A RESOLUTION VACATING A PORTION OF HORTON ROAD
WHEREAS, on May 5, 2021, the City of Bellingham, et. al. ("Applicant") 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 by resolution its intention to formally consider
vacation; and
WHEREAS, the County Council voted 7-0 on August 10, 2021, 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 of the street which is a Class B-2
right-of-way, wherein no public expenditures were made or they are non -ascertainable from records,
and part or all lies within a platted subdivision, 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 $7,500.00 per acre for the
approximately 1.73 acres of Horton Road Right of Way, making the total value of the area to be
vacated $12,975.00; and
WHEREAS, the County Engineer has reviewed said compensation and determined it to be fair
value; and
WHEREAS, the Applicant 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:
All that portion of Horton 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 Horton Road lying between the east right of way margin of Boxwood Road, as dedicated on
said Bakerview Addition Plat and the east line of Blocks 86 and 87 extended of, 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
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.
APPROVP itbise 12th day of April 2022
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Dana Brown Davis, ,County, Clerk
APPROVED AS TO FORM:
Christopher Quinn
Civil Deputy Prosecutor
(authorized via email 2/9/2022)
WHAT,qOM COUNTY COUNCIL
WHATCOM COUNTY,
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Todd Donovan, Council Chair