HomeMy WebLinkAboutres2022-026• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360)778-5010
Agenda Bill Master Report
File Number: AB2022-239
File ID: AB2022-239 Version: 1 Status: Approved
File Created: 04/14/2022 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution Requiring a Public Hearing
Department
Assigned to: Council Final Action: 05/24/2022
Agenda Date: 05/24/2022 Enactment #: RES 2022-026
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution vacating a portion of Wynn Road
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The attached resolution vacating a portion of Wynn 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:
04/26/2022 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
05/24/2022 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Attachments: Memo, Resolution, Engineer's Report, Petition, Market Analysis, Assessor Map, Aerial Map, Fact
Whatcom County Page 1 Printed on 5/25/2022
SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 4/26/22
RESOLUTION NO. 2022-026
A RESOLUTION VACATING A PORTION OF WYNN ROAD
WHEREAS, on April 6, 2021, Jody and Alan Kennedy ("Applicant") submitted a petition for the
vacation of a portion of Wynn 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-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 $0.29 per square foot for the
approximately 39,600 square feet of Wynn Road Right of Way, making the total value of the area to
be vacated $11,500.00; 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:
That portion of Wynn Road adjacent to Lot 23, and Lot 24, Plat of Alder Grove, recorded in
Volume 2 of Plats, Page 91, Section 4, Township 38 North, Range 2 East, W.M as described within
Whatcom County Auditor's File number 172865. 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.
APPROVED �i 4th day of May
6
Daha Br"own-Day jg} `C6u . � Jerk
\ e
APPROVED AS TUFORMV
Christopher Quinn'
Civil Deputy Prosecutor
(authorized via email 4/13/2022)
2022
WHATCO&COUNTY COUNCIL
WHAT ' M COUNTY,
Todd Donovan. Council Chair