The proposed vacation of a portion of John W. Berry Road No. 293 BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 21-143
THE PROPOSED VACATION OF A PORTION OF
JOHN W. BERRY ROAD NO. 293
WHEREAS, RCW 36.87 allows for the vacation of a county road that is found
useless to the needs of the County pending a Report of the County Road Engineer;
and
WHEREAS, Resolution 21-115, passed by the Board of County Commissioners
(BOCC) on March 23, 2021, directed the County Road Engineer to examine a
portion of John W. Berry Road No. 293 right of way and to report his findings to the
BOCC; and
WHEREAS, as required by RCW 36.87, March 29, 2021, the report of the County
Road Engineer on the matter of the proposed vacation of the following described
portion of John W. Berry Road No. 293 right of way, was filed in the office of the
BOCC, to wit:
All of the John W. Berry Road No. 293 that lies within property located in the South
Half of the Northeast Quarter (S1/2 NE1/4) of Section 31, Township 13 North,
Range 2 West, W.M., conveyed by deed recorded under Lewis County Auditor's
File No. 3539017; and
WHEREAS, the report and all related materials having been reviewed by the
BOCC and found appropriate for further proceedings.
NOW THEREFORE BE IT RESOLVED that May 11, 2021, at or after the hour of
2:00 p.m. in the Commissioners' Hearing Room on the 2nd floor of the Historic
Courthouse in Chehalis, Washington, has been fixed as the time and place for the
hearing on the County Road Engineer's Report, when and where all persons may
appear and be heard upon report and upon the matter of the vacation of that road
described above. Interested parties are encouraged to check the Commissioners'
hearing schedule online at https://lewiscountywa.gov/offices/commissioners/
agendas-calendar/ as the hearing date approaches for updated details; and
NOW THEREFORE BE IT FURTHER RESOLVED that the Clerk of the Board is
hereby instructed to proceed with all that necessary notifications, posting and
publication.
DONE IN OPEN SESSION this 13th day of April, 2021.
Page 1 of 2 Res. 21-143
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Kevin McDowell Gary Stamper
By: Kevin McDowell, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: •c0,.---`':s:• Lindsey R. Pollock, DVM
, LLl o. se Y R. Pollock, DVM, Vice Chair
,'
S
45 a,
Rieva Lester '•:SFyA�T0�,5.,. Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Res. 21-143
Notice
RCW 36.87 allows for the vacation of a county road that is found useless to the needs of the
County pending a Report of the County Road Engineer. Resolution 21-115, passed by the Board
of County Commissioners (BOCC) March 23, 2021, directed the County Road Engineer to
examine a portion of John W. Berry Road No. 293 right of way, and report his opinion to the
BOCC. On March 29, 2021 the Engineer's Report on the matter of the proposed vacation of a
portion of John W. Berry Road No. 293, was filed with the BOCC. The report and all related
materials having been reviewed by the BOCC and found appropriate for further proceedings.
This resolution sets May 11, 2021, at or after the hour of 2:00 p.m., in the BOCC Hearing Room
on the 2nd floor of the Historic Courthouse in Chehalis, Washington, as the time and place for
the hearing on the County Engineer's Report. Please look at the Commissioners' hearing
schedule at https://lewiscountvwa.gov/offices/commissioners/agendas-calendar/as May 11,
2021, approaches for updated details. The resolution also calls for the Clerk of the Board to
proceed with all the necessary notifications, posting and publication.
All of the John W. Berry Road No. 293 that lies within property located in the South Half
of the Northeast Quarter (S1/2 NE1/4) of Section 31, Township 13 North, Range 2
West, W.M., conveyed by deed recorded under Lewis County Auditor's File No.
3539017.
Dated: April 13, 2021 .•'coUNTY w••
y.`0S°Pip pR 9`s'S••:k+
• v ` 2
••
Rieva Lester
SINCE ;Z.•
Clerk of the Lewis County Board �N 1 845 ' •�
of County Commissioners :�`. ,
•Publish: The Chronicle April 15, 2021
The Chronicle April 22, 2021
AFFIDAVIT
I, �, • (\ , do hereby certify that on the \J day of 'N +L
2021, I received two copies of Resolution No. 21-143 from the Clerk of the Board of County
Commissioners, Lewis County, Washington, in regard to a hearing on the Engineer's Report
concerning the proposed vacation of a portion of John W. Berry Rd No. 293, and on the day
of Nit.A_ , 2021, I posted the same, one on each end of said portion of road.
Dated at Chehalis, Washington, this \ day of ‘ ;U , 2021.
(9$( 6Clijjtj
Subscribed and sworn to before me this 1 J day of , 2021.
c1.414-7(.4e5Ae.7d
•....•�
••COUNTY, {�•,�•.
•v` 61,RD 0 •sy�ti•�•
1 f*.
: I%45 ;";
e°-'
••0• GTON;:•
•
IN THE MATTER OF: }
The Order of the Lewis County Board of Commissioners for } ENGINEERS REPORT
the proposed vacation of a portion of John W.Berry Road No. }
293 }
TO THE BOARD OF COUNTY COMMISSIONERS:
I,the undersigned County Engineer of Lewis County,Washington,to whom was referred on the 23'd
day of March,2021 by Resolution 21-115,ordering me to examine all that portion of John W.Berry Road
No.293 in the South Half of the Northeast Quarter(S1/2 NE1/4)of Section 31,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:John W. Berry Road No. 293 was established as a county road,August 7, 1893 at a width of 30
feet.
SECOND: The portion of right of way proposed for vacation is approximately 1,030 feet in length and
is unmaintained by the County.
THIRD: The road is adjoined by property owned by Sierra Pacific Land & Timber Company 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 and is useless for County road purposes.
FIFTH: Property Owners have 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.
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 slowing the road proposed to be vacated.
Respectful submitted t its Z day of/144,61.- ,2021.
Tim Fife,P.E.,
County Engineer
,
1
C C
T 1' ^ ,z/ f +J p
u f J QJ U N V
` A'aarns coeK _I l i ,..
Section 30 ,,)
I l ' N
Section 30
Section 31 0
r R
Pleasant T
; - Valley Rd ,w H
e
r
fil , f \
Proposed �' `�
_ M' P"1
�' Vacation of j o 0
Pt. John W. f
V
• Berry Road cn
/
. .k -t, j .
Section 31, Township 13 North, Range 2 West, W.M.
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: April 13, 2021
Suggested Wording for Agenda Item: Agenda Type: Legal Notice
The proposed vacation of a portion of John W. Berry Road No. 293
Contact: Josh Metcalf Phone: 2762
Department: PW - Public Works
Description:
The property owners abutting the portion of John W. Berry Road No. 293 have requested that the
County vacate the right of way. RCW 36.87 allows for the vacation of a county road that is found
useless to the needs of the County pending a Report of the County Road Engineer. Resolution
21-115, passed by the Board of County Commissioners (BOCC) March 23, 2021, directed the
County Road Engineer to examine a portion of John W. Berry Road No. 293 right of way, and report
his opinion to the BOCC. On March 29, 2021 the Engineer's Report on the matter of the proposed
vacation of a portion of John W. Berry Road No. 293, was filed with the BOCC. The report and all
related materials having been reviewed by the BOCC and found appropriate for further
proceedings. This resolution sets May 11, 2021, at or after the hour of 2:00 p.m., in the BOCC
Hearing Room on the 2nd floor of the Historic Courthouse in Chehalis, Washington, as the time and
place for the hearing on the County Engineer's Report. The resolution also calls for the Clerk of the
Board to proceed with all the necessary notifications, posting and publication.
Approvals: Publication Requirements:
Publications:
User Status The Chronicle: April 15 & 22, 2021
PA's Office Pending
Additional Copies: Cover Letter To:
Martin Roy, Matt Hinderlie, Tim Fife