The proposed vacation of a portion of John W. Berry Road No. 293. 3551099 VAC
05/13arry E.021 ve 10:01:21 AM Total Pages: 5 Fees: 107.50
L /2Gro , CPq, Lewis County qucutor, Chehalis, Washington
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BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
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.
IN THE MATTER OF: ORDER OF VACATION
NO. 21-004 (Berry)
THE PROPOSED VACATION OF A PORTION OF
JOHN W. BERRY ROAD NO. 293
FIRST: That on March 23, 2021, in regular session, the BOCC duly passed
Resolution 21-115 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 John W. Berry Road No. 293 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 March 29, 2021, 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 April 13, 2021, Resolution
21-143, which fixed May 11, 2021, at or after the hour of 2 p.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 May 11, 2021, the vacation of a portion of John W. Berry
Road No. 293 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 John W. Berry
Road No. 293 not to be a public necessity.
Page 1 of 2 Vac. 21-004 (Berry)
NOW THEREFORE IT IS ORDERED by the BOCC that all provisions of RCW 36.87
and LCC 12.15 have been met and Order of Vacation No. 21-004 is approved and
the portion of John W. Berry Road No. 293 be and is hereby vacated as follows:
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.
DONE IN OPEN SESSION this 11th day of May, 2021.
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: Lindsey R. Pollock, DVM
.5 PRDOF'./.•
�° Lkysey R. Pollock, DVM, Vice Chair
S11�CE „�
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•
Rieva Lester Sean D. Swope
Rieva Lester, Sean D. Swope, Commissioner
Clerk of the Lewis County Board of
County Commissioners
Page 2 of 2 Vac. 21-004 (Berry)
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 23rd
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 stowing the road proposed to be vacated.
Respectful submitted this Z 9 day of ,2021.
Tim Fife,P.E.,
County Engineer
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BOCC AGENDA ITEM SUMMARY
Resolution: 21-004 (Berry) BOCC Meeting Date: May 11, 2021
Suggested Wording for Agenda Item: Agenda Type: Hearing - Vacation
The proposed vacation of a portion of John W. Berry Road No. 293
Contact: Josh Metcalf Phone: 2762
Department: PW - Public Works
Description:
Hearing to approve the vacation of a portion of John W. Berry Road No. 293.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Martin Roy, Matt Hinderlie, Tim Fife, Kim
Amrine, Mike Kroll, Gary Hurly