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The proposed vacation of portion of Loren LaBree Road No. 328 BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 21-014 THE PROPOSED VACATION OF A PORTION OF THE LOREN LABREE ROAD NO. 328 (ORDER OF VACATION NO. 21-001) WHEREAS, on November 9, 2020, the Board of County Commissioners (BOCC) passed Resolution 20-396 declaring its intention to proceed to determine whether or not a portion of Loren LaBree Road No. 328 should be vacated and abandoned, and ordered and directed the County Road Engineer to make an examination of the portion of the Loren LaBree Road No. 328; and WHEREAS, on November 30, 2020, the County Road Engineer filed his report in writing with the BOCC setting forth all things required by law to set forth in the engineers report; and WHEREAS, on December 7, 2020, the BOCC passed Resolution 20-438, which fixed January 4, 2021, at or after the hour of 10:00 a.m., as the date and time for the hearing on the report of the County Road Engineer, and since that time notice of the hearing for vacation has been published and posted as required by law. NOW THEREFORE BE IT RESOLVED the vacation of a portion of Loren LaBree Road No. 328 came regularly on for hearing, and due proof having been made to the satisfaction of the BOCC by affidavit of the publication and posting of the notices of hearing, and the BOCC having considered the engineer's report and all evidence relative to such vacation, now here finds that this portion of Loren LaBree Road No. 328 is not useful to the County road system and the Order of Vacation No. 21-001 is approved. DONE IN OPEN SESSION this 4th day of January, 2021. Page 1 of 2 Res. 21-014 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Gary Stamper By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney •c o....k�•f ATTEST: Lindsey R. Pollock, DVM Cfitclsey R. Pollock, DVM, Vice Chair :°: CE :.• g Rieva Lester ; ;.s:•• Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 21-014 AFTER RECORDING RETURN TO: Lewis County Public Works Dept. 2025 NE Kresky Ave Chehalis, WA. 98532 Tax Parcel Number: N/A, Road Right of Way, Section 9, Township 13 North, Range 2 West, W.M. IN THE MATTER OF: } ORDER OF VACATION The proposed vacation of a portion of } No. 21-001 Loren LaBree Road No. 328 } In the matter of the vacation of a portion of the Loren LaBree Road No. 328, Lewis County, Washington, the Board of County Commissioners (BOCC)finds as follows: FIRST: That on the 9'h day of November, 2020 in regular session, the BOCC duly passed Resolution 20-396 entered upon their minutes declaring their intention to proceed to determine whether or not that certain road in Lewis County named and designated as a portion of the Loren LaBree Road No. 328 should be vacated and abandoned, and ordered and directed the County Engineer to make an examination of the road. SECOND: That said portion of road does not abut a body of water. THIRD: That on 30'h day of November, 2020, the County Road Engineer filed his report in writing with the BOCC setting forth all things required by law to be set forth in the engineers report. FOURTH: That the BOCC by order duly passed on the 7'h day of December, 2020,fixed the 4'h day of January, 2021 at or after the hour of 10:00 A.M., in the Commissioners Hearing Room on the 2nd Floor of the Historic Courthouse, Chehalis, Lewis County,Washington, as the time and place for the hearing on the report of the County Engineer, and that the BOCC duly caused notice thereof to be published and posted as required by law, and the BOCC now finds there to have been compliance with all legal requirements. FIFTH:And that on the 4th day of January, 2021,the vacation of a portion of the Loren LaBree Road No. 328 came regularly on for hearing, and due proof having been made to the satisfaction of the BOCC by affidavit of the publication and posting of the notices of hearing, and the BOCC having considered the engineers report and all evidence relative to such vacation, now here finds this portion of Loren LaBree Road No. 328 not to be a public necessity. NOW, THEREFORE, IT IS ORDERED by the BOCC that all provisions of RCW 36.87 and LCC 12.15 have been met and the portion of the Loren LaBree Road No. 328 be and is hereby vacated as follows: All that part of the Loren LaBree Road No. 328 lying between Bishop Rd and Interstate 5, being located in the South Half of the Northeast Quarter (S1/2 NE1/4) of Section 9, Township 13 North, Range 2 West,W.M. Subject to the existing Bishop Rd and Interstate 5. DONE IN OPEN SESSION this 4th day of January, 2021. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY,WASHINGTON : : Civi Deputy ry S a per, Chair _ i r.. ATTEST: Lin.. -. Pollock, DV Vice Chair t I ti' 1 _ Rieva Lester, Clerk of the Lewis County .ean Sw.:e, Me ber Board of County Commissioners .••COUNTY••• :.05 pRD op F��'. , ,00 ,s,•• 44. SINCE ;o; ::',� 1845 /,-; oo .1C`. :sy`. conS ••.7:141:1•• •.•1 IN THE MATTER OF: The Order of the Lewis County Board of Commissioners for } ENGINEERS REPORT the proposed vacation of a portion of Loren LaBree Road No. 328 } TO THE BOARD OF COUNTY COMMISSIONERS: I, the undersigned County Engineer of Lewis County, Washington, to whom was referred on the 9th day of November, 2020 by Resolution 20-396,ordering me to examine all of the Loren LaBree Road No. 328 lying between Bishop Rd and Interstate 5 in the South Half of the Northeast Quarter(S 1/2 NE 1/4)of Section 9, Township 13 North, Range 2 West, W.M., stating that said Board intends to proceed to determine whether said road should be vacated and abandoned for the reason that it is useless as a part of the County road system and that the public will be benefited by its vacation and abandonment, herewith submit my report thereon: FIRST: Loren Labree Road No. 328 was established as a county road, December 23, 1896 at a width of 40 feet. SECOND: The portion of right of way proposed for vacation is approximately 320 feet in length and is unmaintained by the County. THIRD: The road is adjoined by property owned by Jesus Name Pentecostal Church who has requested this vacation. FOURTH:This portion of right of way does not abut a body of water,nor is the right of way necessary as part of the county road system. FIFTH: Property Owner has paid all administrative fees and publication costs associated with this vacation. SIXTH: Utility companies known to service the general area have been contacted and are not opposed to the vacation. SEVENTH:This portion of the right of way is useless for County road purposes. In my opinion,this portion of right of way should be vacated for the reason that the public will be benefited by its vacation,returning the property to the tax rolls. I include with this report a map showing the road proposed to be vacated. Respectful! bmitted •'s P day of NO 1!2020. Tim Fife,P.E., County Engineer / ., Jesus Name �%J, '' • Pentecostal ■ N /� Church - _ o ' R ki T ../ H Proposed Vacation of Pt. Loren 1 \lir Labree Rd. • 5 � Bus •• Rd__� \ re . , / - Section 9, Township 13 North, Range 2 West, W.M. BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Jan. 4, 2021 Suggested Wording for Agenda Item: Agenda Type: Hearing - Resolution The proposed vacation of a portion of the Loren LaBree Road No. 328 (Order of Vacation No. 21-001) Contact: Josh Metcalf Phone: 2762 Department: PW - Public Works Description: Hearing to approve the vacation of a portion of Loren LaBree No. 328 Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Kelly Albert, Kim Amrine, Martin Roy, Matt Hinderlie, Rose Williams, and Tina Hemphill