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Home My WebLink Aboutres2025-009Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2025-140 File ID: AB2025-140 Version: 1 Status: Approved File Created: 01/28/2025 Entered by: AHester@co.whatcom.wa.us Department: Public Works File Type: Resolution Requiring a Public Hearing Department Assigned to: Council Final Action: 03/11/2025 Agenda Date: 03/11/2025 Enactment#: RES 2025-009 Related Files: Primary Contact Email: sdraper a co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution vacating a portion of Camp 2 Road SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The attached resolution vacating a portion of Camp 2 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: 02/11/2025 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 03/11/2025 Council APPROVED Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Attachments: Staff Memo, Proposed Resolution, Engineers Report, Map, Market Analysis, Road Vacation Petition, Notice of Hearing Whatcom County Page 1 Printed on 311212025 RESOLUTION 2025-009 Resolution vacating a portion of Camp 2 Road AB2025-140 Date Approved 3/11/2025 RESOLUTION EFFECTIVE PENDING COMPLETION OF ROAD VACATION PROCESS SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: RESOLUTION NO.2025-009 A RESOLUTION VACATING A PORTION OF CAMP 2 ROAD WHEREAS, on June 27, 2023, Karen Atkinson, et. al. submitted a petition for the vacation of a portion of Camp 2 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 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-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 $3.71 per square foot for the approximately 1,662 square feet of Right of Way, making the total value of the area to be vacated $6,166; 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: All that certain portion of County Road Number 281, Camp 2 Road, lying in front of and adjoining Lot 36 and 37 Block 1, "Plat of Cain's Lake" according to the plat thereof, recorded in Volume 7 of Plats Pages 61 and 62, records of Whatcom County, Washington. Excepting therefrom: The Southwesterly 5 feet of said Lot 37, Block 1 as measured by a line drawn 5 feet Northeasterly from and parallel to the Southwesterly line of said Lot 37, Block 1. Being more particularly described as follows: Beginning at the Southeasterly corner of said Lot 36 Block 1; thence along the Southeasterly line of said Lot 36 and the Northwesterly right-of-way line of said County Road 281, Camp 2 Road. South 46°25'00" West for a distance of 20.64 feet; thence continuing along said right-of-way line South 28°22'00" West for a distance of48.40 feet; to the Southwesterly corner of said Lot 36 and the Northeasterly corner of said Lot 37; thence continuing along said Northwesterly right-of-way line and Southeasterly line of said Lot 37 South 28°22'00" West for a distance of 7.07 feet; thence continuing along said Northwesterly right-of-way line South 06°50'00" West for a distance of 78.21 feet to a point of intersection with said right-of-way line and a line being 5 feet Northeasterly from and parallel to the Southwesterly line of said Lot 37; thence leaving said right of way line extending said parallel line South 31°54'00" East for a distance of2.98 feet; thence North 18°54'04" East for a distance of 151.38 feet to the Point of Beginning. Containing 1,662.26 square feet. All 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. APPRQE °t E is1l,.cay of March A,F, °® ;VASmIING� Y 0 t�. Cathy . 14��,f`irl?�'N01erk „` m E� APPROVED:AS TO FORM: Christopher Quinn Civil Deputy Prosecutor (authorized electronically 1/28/2025) 2025 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Kaylee alloway, Council Chai