RECE~VED MAY COUNCIL. A Resolution Granting a Quit Claim Deed to the City of Bellingham

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1 WHATCOM COUNTY COUNCIL AGENDA BILL NO CLEARANCES Initial Date Date Received in Council Office AJ{enda Date Assif{ned to: AH Introduction Originator: A~ RECE~VED Division Head: 1 t+ 4-?{~o 5/30/17 Hearing MAY Dept. Head: Prosecutor: tl:t-- os/o~j/17 WHATCOM COUNTY Purchasing/Budget: Executive: A ~ 1/ ~'>< ~ _Gigh~ TITLE OF DOrD}j'ri?~T: COUNCIL A Resolution Granting a Quit Claim Deed to the City of Bellingham ATTACHMENTS: 1. Cover Memo 2. Resolution 3. Quitclaim Deed SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached resolution requests that Whatcom County grant a quit claim deed to City of Bellingham. Whatcom County is purported to be the owner of property within the city limits of Bellingham that is currently being used as city right of way as part of Toledo Street.. COMMITTEE ACTION: COUNCIL ACTION: ' Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at:

2 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA Telephone: (360) FAX: (360) www. whatcomcounty.us MEMORANDUM To: Through: From: The Honorable County Executive Jack Louws and Honorable Members of the County Council Jon Hutchings, Director11.r Andrew Hester, Real Estate Coordinator A~ Lf ~L~ -I 1 Date: April28, 2017 Re: A Resolution Granting a Quit Claim Deed to the City of Bellingham Enclosed is a resolution requesting the approval of a quit claim deed to the City of Bellingham. Requested Action Public Works respectfully requests that the Whatcom County Council hold a public hearing and take action on the proposed resolution to approve the quit claim deed. Background and Purpose Whatcom County is purported to be the owner of property within the city of limits of the City of Bellingham. Whatcom County has no record of how it obtained this property and is of the belief that it possesses no ownership interest of value in the property as it is within the City of Bellingham and is currently being used as city right of way as part of Toledo Street. Funding Amount and Source No County funds are being expended on this agreement. Please contact me at extension 6216 if you have any questions or concerns regarding this resolution. Encl.

3 SPONSORED BY: PROPOSED BY: --"P'--"u=b=li-=--c--'--W'--"o=rk=s'--- INTRODUCTION DATE: RESOLUTION NO. GRANTING A QUIT CLAIM DEED TO THE CITY OF BELLINGHAM WHEREAS, Whatcom County is purported to be the owner of property within the city limits of the City ofbellingham, described in Exhibit A and shown on the attached Whatcom County Assessor's Map; and, WHEREAS, Whatcom County claims no ownership of the property and has no record of acquiring the property; and, WHEREAS, the property is currently being used as city right of way as part of Toledo Street; and, WHEREAS, after due consideration by the Whatcom County Council, it appears to the Council that it will be in the best interest of both the County and the City of Bellingham that the County convey whatever rights it may have in the property to the City of Bellingham by quit claim deed for and in consideration of mutual benefits; and, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized to execute a quit claim deed to the City of Bellingham for the property described in Exhibit A. APPROVED this_ day of, 2017 ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown-Davis, County Clerk Barry Buchanan, Council Chair APPROVED AS TO FORM: ~i,~ Chief Civil Deputy Prosecutor

4 Legal Description of property to be quitclaimed EXHIBIT A The east 30 feet of Lot 7 Block 2, Amended Plat of Canfield's Addition to the City ofwhatcom, recorded in Volume 1 ofplats, Page 72, records ofwhatcom County, Washington. Also any interest in property depicted by Whatcom County Assessor Maps listed as Whatcom County Tax Parcel Number Also any interest in Toledo Street. Situate in W-hatcom County, Washington.

5 After recording return document to: City of Bellingham 104 West Magnolia Street - Suite 109 Bellingham, W A Document Title: Quit Claim Deed Reference Number of Related Documents: NA Grantor: Whatcom County Grantees: City of Bellingham Legal Description: E 30ft Lot 7 Blk 2 Canfield's Am Add to Whatcom, Sec 29, TWN 38N. R3E, W.M. Assessor's Tax Parcel Number: QUIT CLAIM DEED The Grantor, WHATCOM COUNTY, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, in recognition:~nd upon the belief that they possess no ownership interest of value in the property described hereinafter, for mutual benefits hereby conveys and quit-claims to CITY OF BELLINGHAM, A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, the following described real estate, situated in Whatcom County, in the State ofwashington: The east 30 feet oflot 7 Block 2, Amended Plat of Canfield's Addition to the City of Whatcom, recorded in Volume 1 of Plats, Page 72, records of Whatcom County, Washington and the east 30 feet of Lot 7 Block 2, Plat of Canfield's Addition to the City of Whatcom, recorded in Volume 1 of Plats, Page 38, records of Whatcom County, Washington. Also any interest in property depicted by Whatcom County Assessor Map listed as Whatcom County Tax Parcel Number as shown on Exhibit A. Also any interest in Toledo Street. Situate in Whatcom County, Washington. Page 1 of 4 Pages

6 QUIT CLAIM DEED Executed this day of COUNTY, by: 2017 for Grantor, WHATCOM Jack Louws, County Executive Approved as to form: Prosecuting Attorney's Office Daniel L. Gibson, Chief Civil Deputy Prosecutor Accepted this BELLINGHAM, by: day of, 2017 for Grantee, CITY OF Public Works Director Approved as to form: Office of the City Attorney Page 2 of 4 Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE- RESERVED FOR COUNTY AUDITOR'S USE ONLY.

7 QUIT CLAIM DEED STATE OF WASHINGTON ) : ss COUNTY OF WHATCOM ) On this day of, 2017, before me personally appeared Jack Louws, to me known to be the Executive ofwhatcom County, a municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed ofwhatcom County, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of Whatcom County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires Page 3 of 4 Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE- RESERVED FOR COUNTY AUDITOR'S USE ONLY.

8 QUIT CLAIM DEED STATE OF WASHINGTON ) : ss COUNTY OF WHATCOM ) On this day of 2017, before me personally appeared,, to me known to be the Public Works Director of the City of Bellingham, a municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of the City of Bellingham, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of the City of Bellingham. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires Page 4 of 4 Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE- RESERVED FOR COUNTY AUDITOR'S USE ONLY,