Loading...
The proposed vacation of a portion of the Mickelsen Parkway right of way (Order of Vacation 22-002). BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: RESOLUTION NO. 22-002 (Mickelsen) THE PROPOSED VACATION OF A PORTION OF THE MICKELSEN PARKWAY RIGHT OF WAY (ORDER OF VACATION 22-002) WHEREAS, RCW 36.87 allows for the vacation of a county road right of way that is found useless to the needs of the County pending a Report of the County Road Engineer; and WHEREAS, on July 5, 2022, the County Road Engineer filed his report in writing with the Lewis County Board of County Commissioners (BOCC) setting forth all things required by law to be set forth in the engineers report; and WHEREAS, on July 5, 2022, the BOCC passed Resolution 22-195, which fixed July 19, 2022, 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 Mickelsen Parkway right of way, as shown in exhibit A, 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 the evidence relative to such vacation, now here finds that this portion of Mickelsen Parkway is not useful to the County road system and the Order of Vacation No. 22-002 is approved. DONE IN OPEN SESSION this 19th day of July, 2022. Page 1 of 2 Res. 22-002 (Mickelsen) APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Lindsey R. Pollock, DVM By: Amber Smith, Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney ATTEST: �5�°��poF":?sy. Sean D. Swope Sean D. Swope, Vice Chair ,K. Et : 1C •.u`;2 1845 Rieva Lester '•:SH�•�.�..T,._ ,. F. Lee Grose Rieva Lester, F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners Page 2 of 2 Res. 22-002 (Mickelsen) 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, portion of the J. B. Provost Donation Land Claim in Section 35, Township 12 North, Range 2 West, W.M., in Lewis County IN THE MATTER OF: } ORDER OF VACATION The proposed vacation of a portion of } No. 22-002 Mickelsen Parkway Right of Way } In the matter of the vacation of a portion of Mickelsen Parkway Right of Way Lewis County, Washington,the Board of County Commissioners (BOCC)finds as follows: FIRST: That on 5st day of July, 2022, 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. SECOND: That the BOCC, by order, duly passed on the 5th day of July, 2022, fixed the 19th day of July, 2022 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. THIRD: That said portion of road does not about a body of water. FOURTH: And that on the 19th day of July, 2022, the vacation of a portion of the Mickelsen Parkway Right of Way 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 Mickelsen Parkway Right of Way 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 Mickelsen Parkway Right of Way be and is hereby vacated as follows: SEE EXIBIT A DONE IN OPEN SESSION this 19th day of July, 2022. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan L. Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON By: Amber Smith Lindsey R. Pollock, DVM, Chair Deputy Prosecuting Attorney ATTEST: Sean D. Swope, Vice Chair Rieva Lester, F. Lee Grose, Commissioner Clerk of the Lewis County Board of County Commissioners 1 2 3 4 5 6 7 Ai ilir A --,.,c'e'.'. V CD it c c inset 4-,„,,* 0,L,... ',Id S ar. it D aI ! ; D II r Proposed area of vacation see inset E ,�(D E 66********714 ... / • F F f , • G ♦�„ •nl x ) it 14.....„. it...s,„'" G 1 : • •• a F=ark&P,i__ `.uia 1 2 3 4 5 6 7 Vicinity Map LEWIS COUNTY/ 36555 - Mickelsen Parkway ] �[ proposed vacation of a portion of Mickelsen Parkway right of way EXHIBIT A All that part of a 30 foot easement for storm water conveyance purposes lying Easterly of the East line of Parcel A(001011484)as depicted on Record of Survey recorded in Volume 24 of Surveys at page 219, Records of Lewis County,Washington lying over,under and across that portion of the J. B.Provost Donation Land Claim in Section 35,Township 12 North,Range 2 West,W.M.,in Lewis County, Washington lying 15.00 feet each side of the following described centerline: COMMENCING at the northeast corner of said J. B. Provost Donation Land Claim; thence South 68°27'33" East along the southerly line of said Dufina Donation Land Claim a distance of 208.58 feet to the east line of said Section 35;thence South 0°31'35"East along said east line a distance of 2083.91 feet to the southeast corner of said Section 35; thence North 45°40'47" West a distance of 1748.08 feet to a point designated as Engineer's Station 0+00.00 on Mickelsen Parkway centerline;thence North 12°58'14" East along said centerline a distance of 731.48 feet to Engineer's Station 7+31.48 PC on said centerline and a curve to the right whose radius point bears South 77°01'46" East a distance of 1000.00 feet; thence Northeasterly along said curve and centerline through a delta angle of 27°26'14"an arc distance of 478.88 feet to Engineer's Station 12+10.36 PT;thence leaving said centerline North 49°35'32"West a distance of 50.00 feet to the True Point of Beginning of said easement centerline; thence continuing North 49°35'32" West along said easement centerline a distance of 51.81 feet; thence South 47°32'10" West along said easement centerline a distance of 111.61 feet;thence South 34°50'42"West along said easement centerline a distance of 109.49 feet;thence South 29°34'35"West along said easement centerline a distance of 307.95 feet;thence South 47°06'36"West along said easement centerline a distance of 163.51 feet;thence South 61°00'01"West along said easement centerline a distance of 24.98 feet and the terminus of said easement, said point bears North 36°39'04"West,2327.71 feet,from the southeast corner of said section 35. Sidelines to be extended andlor shortened at course changes so as to terminate at their respective intersections.The terminus of the sidelines of said easement to be extended and/or shortened to intersect a line that bears North 46°00'33"West or South 46°00'33"East. AND A strip of land lying over,under and across that portion of the J.B.Provost Donation Land Claim in Section 35 and Section 36, Township 12 North, Range 2 West, W.M. in Lewis County, Washington lying along and at variable widths on each side of the following described survey road centerline: COMMENCING at the northeast corner of said J.B.Provost Donation Land Claim;thence South 68°27'33" East along the southerly line of said Dufina Donation Land Claim a distance of 208.58 feet to the east line of said Section 35; thence South 0°31'35" East along said east line a distance of 2083.91 feet to the southeast corner of said Section 35; thence North 45°40'47" West a distance of 1748.08 feet to a point designated as Engineer's Station 0+00.00 on Mickelsen Parkway centerline and the True Point of Beginning of said centerline; thence North 12°58'14"East along said centerline a distance of 731.48 feet to Engineer's Station 7+31.48 PC on said centerline and a curve to the right whose radius point bears South 77°01'46"East a distance of 1000.00 feet;thence Northeasterly along said curve and centerline through a delta angle of 27°26'14"an arc distance of 478.88 feet to Engineer's Station 12+10.36 PT;thence North 40°24'28"East along said centerline a distance of 1372.32 feet to to Engineer's Station 25+82.68 PC and a curve to the left whose radius point bears North 49°35'32"West a distance of 1500.00 feet;thence Northeasterly along said curve and centerline through a delta angle of 19°06'35" an arc distance of 500.29 feet to Engineer's Station 30+82.97 PT; thence North 21°17'53" East along said centerline a distance of 496.38 feet to Engineer's Station 35+79.35,the southerly line of that parcel described in Statutory Warranty Deed recorded under Auditor's File Number 3255216, Records of Lewis County,Washington and the terminus of said centerline. The various widths right and left of the above-described centerline are as follows: ENGINEER'S STATION LEFT and RIGHT(IN FEET) 0+00.00 to 15+00.00 50.00 15+00.00 to 35+79.35 45.00 The various widths right of the above-described centerline to be vacated are as follows: ENGINEER'S STATION RIGHT(IN FEET) 14+50 50.00-220.00 20+50 45.00-220.00 Excepting therefrom an easement, as described in deed recorded under AFN 3528341, for slope maintenance purposes lying 7.50 feet Southeasterly at right angles of the above described right of way between Engineering station 14+50 to station 15+00 and between Engineering station 17+50 to station 20+50. IN THE MATTER OF: } Proposal to the Lewis County Board of Commissioners to ) ENGINEERS REPORT vacate the unused portion of the stormwater right of way } at Mickelsen Parkway } TO THE BOARD OF COUNTY COMMISSIONERS: I,the undersigned County Engineer of Lewis County, Washington,have examined all of the unused portions of stormwater right of way for Mickelsen Parkway in Section 35,Township 12 North, Range 2 West,W.M. (Exhibit A),and I have determined that it 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: The Mickelsen Parkway was established as a county road, May 24, 2009 based upon a preliminary plan. SECOND: The right of way was donated by the property owners and recorded 2009 based upon said preliminary plan. THIRD: The road was redesigned in 2020 to reduce cost and the stormwater facility was relocated to an alternate location. FOURTH: The property owners agreed to donate the new right of way for the relocated stormwater facility conditioned upon Lewis County vacating the unused portion of stormwater right of way after the completion of the road. FIFTH: Mickelsen Parkway is complete and open to the public and therefore the unused portion of the stormwater as defined in the attached Exhibit A is useless as part of the County Road system. SIXTH: County Road should pay all administrative fees and publication costs associated with this vacation since the property was originally donated. In my opinion,this portion of right of way should be vacated for the reason that it is useless and 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. Respect ubmitted t ' day of SO(& ,2022. Tim Fife,P.E., County Engineer BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: July 19, 2022 Suggested Wording for Agenda Item: Agenda Type: Hearing - Resolution The proposed vacation of a portion of the Mickelsen Parkway right of way (Order of Vacation 22-002) Contact: Tim Fife Phone: 360-740-2711 Department: PW - Public Works Description: The County Engineer has determined that a portion of Mickelsen Parkway 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 benefit by its vacation and abandonment, as stated in the Engineer's Report dated June 21, 2022. The report and all related materials having been reviewed by the BOCC and found appropriate for further proceedings. Approvals: Publication Requirements: Publications: User Status PA's Office Pending Additional Copies: Cover Letter To: Tina Hemphill, Shayla Landon, Tim Fife, Geoff Soderquist, Robin Saline - PW