Loading...
HomeMy WebLinkAboutres2024-015� -o M 00G P y 3 bL,gSH►NG�p�s Whatcom County Agenda Bill Report File Number: AB2024-155 COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 File ID: AB2024-155 Version: 1 Status: Approved File Created: 02/20/2024 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution Requiring a Public Hearing Department Assigned to: Council Final Action: 04/09/2024 Agenda Date: 04/09/2024 Enactment #: RES 2024-015 Related Files: Primary Contact Email: sdraper@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution vacating a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The attached resolution vacating a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham 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: 03/05/2024 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 04/09/2024 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Whatcom County Page 1 Printed on 411012024 Agenda Bill Report Continued (AB2024-155) Attachments: Memo, Proposed Resolution, Substitute Resolution for 04.09.2024, Road Vacation Petition, Market Analysis, Engineer's Report, Aerial Map Whatcom County Page 2 Printed on 411012024 nty Total:$30 50u PgsW4 2024-0501006 VACA 05/14/2024 03:59 PM Request of: WHATCOM COUNTY REAL ESTATE 1111111111111111111111111111111111111111111I II III 00407968202406010060040041 After recording return document to: WHATCOM COUNTY COUNCIL OFFICE 311 GRAND AVENUE, SUITE 105 BELLINGHAM, WA 98225-4038 DOCUMENT TITLE: FINAL ORDER OF VACATION REFERENCE NUMBER OF RELATED DOCUMENT: Preliminary Order of Vacation - AR#2024-0401457; Resolution 2024-015 GRANTOR(S): WHATCOM COUNTY GRANTEE(S): KATHRYN NIMS, FRANK HANDY AND LYNN HANDY ABBREVIATED LEGAL DESCRIPTION: A PORTION OF COUNTY ROAD AND AN UNNAMED ALLEY WITHIN THE AMENDED PLAT OF SOUTH WICKERSHAM ADDITIONAL LEGAL DESCRIPTION ON PAGE TWO OF DOCUMENT. ASSESSOR'S TAX/PARCEL NUMBER(S): 370531 392146 0000 & 370531 407152 0000 IN THE MATTER OF THE VACATION OF A PORTION OF COUNTY ROAD AND AN UNNAMED ALLEY WITHIN THE AMENDED PLAT OF SOUTH WICKERSHAM filed by KATHRYN NIMS, FRANK HANDY AND LYNN HANDY: FINAL ORDER OF VACATION WHEREAS, the Whatcom County Council did, on April 9, 2024, order the vacation of a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham, petitioned by Kathryn Nims, Frank Handy and Lynn Handy, and entered a preliminary order of vacation, recorded by the County Auditor on April 19, 2024 under reference number 2024-0401457; and WHEREAS, the vacation was subject to payment by petitioner of all costs and expenses incurred in the proceedings of this vacation, and other conditions, and said costs and expenses totaling $4,873 (including petition fee) were paid by the petitioner on May 8, 2024. NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL ORDERS that the road(s) or portion(s) thereof, described below, be vacated: That portion of County Road adjacent to and along the east line of Lots 1 through 5 of Block 1 within the Amended Plat of South Wickersham and that portion of unnamed alley between and adjacent to Lots 1 through 5 and Lots 6 through 9 Block 1 within the Amended Plat of South Wickersham. Situate in Whatcom County, Washington. PROVIDED that such vacation shall not, however, prejudice private rights, private easements, prescriptive rights, rights of access, ingress, egress or passage. Other conditions placed on this vacation are included in the preliminary order of vacation (referred to in first paragraph of this document). Dated this day of May, 2024 ATT�, _J j� a©�0 w Dana Brow, a'va � bu=nciI Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHIr4GTON Buchnan, Cob-i cil Chair SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO. 2024-015 A RESOLUTION VACATING A PORTION OF COUNTY ROAD AND AN UNNAMED ALLEY WITHIN THE AMENDED PLAT OF SOUTH WICKERSHAM WHEREAS, on June 28, 2023, Kathryn Nims, et. al. submitted a petition for the vacation of a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham 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 September 12, 2023, 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 $0.30 per square foot for the approximately 12,000 square feet of Right of Way, making the total value of the area to be vacated $3,600; and WHEREAS, the County Engineer has reviewed said compensation and determined it to be fair value; and WHEREAS, the petitioner 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 County Road adjacent to and along the east line of Lots 1 through 5 of Block 1 within the Amended Plat of South Wickersham and that portion of unnamed alley between and adjacent to Lots 1 through 5 and Lots 6 through 9 of Block 1 within Amended Plat of South Wickersham. 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. APPROVI�P tt is t i } of April 2024 ATTS`fbo�� U WA�OI�O Dana -'B.rown',t s Cor ty�``Clerk !.E m t�°3 5 APPROVED'AS TO FORM: Christopher Quinn Civil Deputy Prosecutor (authorized electronically 2/21/2024) WHATCOM COUNTY COUNCIL After recording return document to: WHATCOM COUNTY COUNCIL OFFICE 311 GRAND AVENUE, SUITE 105 BELLINGHAM, WA 98225-4038 Whatcom County, WA 2024-0401457 Total:$304.50 Pgs=2 vACA 04/19/2024 01:58 PM Request of: PUBLIC WORKS IIIIIIIIIIIIIIIII111111IIIIIIiII 111111111111111111 00406864202404014670020024 DOCUMENT TITLE: PRELIMINARY ORDER OF VACATION REFERENCE NUMBER OF RELATED DOCUMENT: GRANTOR(S): WHATCOM COUNTY GRANTEE(S): KATHRYN NIMS, FRANK HANDY AND LYNN HANDY ABBREVIATED LEGAL DESCRIPTION: A PORTION OF COUNTY ROAD and AN UNNAMED ALLEY WITHIN THE AMENDED PLAT OF SOUTH WICKERSHAM ADDITIONAL LEGAL DESCRIPTION ON PAGE(S) TWO OF DOCUMENT. ASSESSOR'S TAX/PARCEL NUMBER(S): 370531 392146 0000 & 370531 407152 0000 PRELIMINARY ORDER OF VACATION IN THE MATTER OF THE PETITION for the vacation of a portion of County Road and an unnamed alley within the Amended Plat of South Wickersham, filed by Kathryn Nims, and Frank Handy and Lynn Handy, the Whatcom County Council finds as follows: THAT THE PETITION for vacation was filed on June 28, 2023 along with a deposit of $790.00, and contained the following statement of facts by the petitioner pertinent to the desired vacation: The County has never used, maintained, or relied upon the County Road or Alley. Petitioner Kathryn Nims owns Lots 1-5, which has a single-family residence and associated outbuildings that have existed since at least the 1980's. Petitioners Frank and Lynn Handy own Lots 6-9, which are vacant/unimproved. Petitioner Kathryn Nims and her predecessors have used and maintained the Alley and County Road for decades; and THAT A PUBLIC HEARING on the Engineer's report in this matter took place before the Whatcom County Council on April 9, 2024, and having heard and construed all testimony and documentary evidence produced, the Council was satisfied that said road(s) or portion(s) thereof is useless as part of the County road system and that the public will be benefited by its vacation and abandonment. IT IS THEREFORE ORDERED by the Whatcom County Council that said road(s) or portion(s) thereof shall be vacated subject to the following conditions: PROVIDED that by six calendar months from the date of passage of the resolution to vacate the petitioner has paid in full all costs and expenses incurred in the proceedings, and payment of the fair market value of the property by the petitioner(s) involved (in this case the amount due is $3,600.00); BE IT FURTHER ORDERED that the road, or portion thereof, to be vacated is legally described as follows: That portion of County Road adjacent to and along the east line of Lots 1 through 5 of Block 1 within the Amended Plat of South Wickersham and that portion of unnamed alley between and adjacent to Lots 1 through 5 and Lots 6 through 9 Block 1 within the Amended Plat of South Wickersham. Situate in Whatcom County, Washington. BE IT FINALLY ORDERED that the following conditions are placed upon the vacation of this road: The County reserves and retains an easement for construction, repair and maintenance of public utilities and services, authorized or physically located therein; further such vacation shall not prejudice private rights, private easements, prescriptive rights, rights of access, ingress, egress or passage; which may exist apart from any interest or rights of the public under the right-of-way that is herein vacated. oveloytt,®e®council on April 9, 2024 and dated April �� , 2024. ®®AATC0 ® WHATCOM COUNTY COUNCIL ATTV`5T-®fit r,��NT� ®® ¢" WHATCOM COUNTY, W/\SHINGTON Whatcom County Auditor 311 Grand Ave, Suite 103 Bellingham, WA 98225 360-778-5100 Comments: RECORDING Document # Recording Date Doc Type Base Fee 2024-0401457 04/19/2024 01:58:58 PM I-VACA 304.50 Totals: $304.50 Thank You Retain this receipt for your records Receipt M 246308 Receipt Date: 04/19/2024 01:58 PM Station: 1 Cashier: MLJOHNSO Receipt Name: PUBLIC WORKS Account Name: 1041 - WHATCOM COUNTY PUBLIC WORKS Page 1 of 1 NonStd Other Total S304.50 $0.00 $0.00 $304.50 Receipt Total $304.50 ACCOUNT 1041 - WHATCOM COUNTY $304.50 PUBLIC WORKS