HomeMy WebLinkAboutres2022-037Whatcom County COUNTY COURTHOUSE
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- Bellingham, WA 98225-4038
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Agenda Bill Master Report
File Number: AB2022-431
File ID: AB2022-431 Version: 1 Status: Approved
File Created: 07/26/2022 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution Requiring a Public Hearing
Department
Assigned to: Council Final Action: 09/13/2022
Agenda Date: 09/13/2022 Enactment #: RES 2022-037
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution vacating an unnamed alley within the Plat of Lummi Park on Lummi Island
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
The attached resolution vacating an unnamed alley within the Plat of Lummi Park on Lummi Island 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:
08/09/2022 Council
Action:
Sent To:
INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Elenbaas, Frazey, Galloway, Kershner, Buchanan, Byrd, and Donovan
Nay: 0
Absent: 0
09/13/2022 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Frazey, Galloway, and Kershner
Nay: 0
Absent: 0
Attachments: Memo, Resolution, Road Vacation Petition, Market Analysis, Engineer's Report, Aerial, Fact
Whatcom County Page 1 Printed on 911612022
Agenda Bill Master Report Continued (AB2022-431)
Sheet, Substitute Resolution - tracked changes, Substitute Resolution
Whatcom County Page 2 Printed on 911612022
SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 8/9/22
RESOLUTION NO. 2022-037
A RESOLUTION VACATING AN UNNAMED ALLEY WITHIN THE PLAT OF LUMMI
PARK ON LUMMI ISLAND
WHEREAS, on August 8, 2021; Patrick Timothy McEvoy and Marcia L. McEvoy, et. al. submitted
a petition for the vacation of an unnamed alley within the plat of Lummi Park on Lunnmi Island
(sometimes referred to as Baker Drive) lying within the unincorporated area of Whatconn 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 fornally consider
vacation; and
WHEREAS, the County Council voted 6-0 on December 7, 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 $2,100.00 for the approximately 1,680
square feet of right of way; 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 15-foot right of way immediately west of and abutting Lot 7, Block 1, Lummi Park on Lunmli
Island according to the Plat thereof recorded in Volume 6 of Plats, Page 5, records of Whatcom
County, Washington (which is unnamed but is sometimes referred to as Baker Drive).
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 stormwater and drainage
facilities, and public utilities and services, including Puget Sound Energy, 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.
APPJ iffft JMN'1 ,th day of September 2022
C' m
Dana BratiJ ' �avis; unty:Clerk
` E
APPROVEDAS TO FORM:
Christopher Quinn
Civil Deputy Prosecutor
(authorized via email 7/25/2022)
WHATCOW OUNTY COUNCIL
WHA CO, NT
Todd Donovan, Council Chaii