RESOLUTION No. 2006-30

ST. MARTIN’S SPRINGS ROAD, COUNTY ROAD No. 20580

ACTION AS A RESULT OF VACATION PROCEEDINGS

AND PUBLIC HEARING ON FEBRUARY 23, 2004

WHEREAS Resolution 2004-10, dated January 26, 2004, did declare the intent to vacate certain right-of-way and did direct the County Engineer to report on the road as required by Chapter 36.87.040, R.C.W.; and

WHEREAS the Board did receive the Engineer’s Report on said vacation and a call for a public hearing on this matter to be held on Monday, February 23, 2004; and

WHEREAS notices of public hearings were published and posted as required by Chapter 36.87.050, R.C.W.; and

WHEREAS, on February 23, 2004, a public hearing was held and statements and comments from the public were received, considered and recorded; and

WHEREAS the Board of County Commissioners has determined that the public would be benefited by the vacation of that certain right-of-way.

THEREFORE, BE IT RESOLVED that the Board of Commissioners of Skamania County, Washington does hereby vacate that portion of St. Martin’s Springs Road, County Road No. 20580, between Mile Post 0.12 and Mile Post 0.24 (end) as a County Road but reserves an easement over and across the vacated premises for public utility purposes, and also reserving rights for Skamania County to enter upon Carson Hot Springs, LLC property to maintain and deposit material by any viable means to prevent a washout of the roadway in the vicinity of the culvert at Mile Post 0.13 should Carson Hot Springs, LLC be unresponsive in taking prevention measures. The County costs involved in such prevention would be reimbursable by Carson Hot Springs, LLC.

BE IT THEREFORE ORDERED BY THE BOARD OF COMMISSIONERS OF SKAMANIA COUNTY, WASHINGTON in accordance with R.C.W. 36.87.060, that

1) ST. MARTIN’S SPRINGS ROAD, County Road No. 20580, be vacated between Mile Post 0.12 and Mile Post 0.24 (end), and

2) Pursuant to RCW 36.87.140, Skamania County hereby retains an easement in respect to the vacated land for the construction, repair, and maintenance of public utilities and services for the full length and width of ST. MARTIN’S SPRINGS ROAD No. 20580, Mile Post 0.12 to Mile Post 0.24 (end).

PASSED IN REGULAR SESSION this _____ day of _______________ 2006.

BOARD OF COMMISSIONERS

SKAMANIA COUNTY, WASHINGTON

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Commissioner

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ATTEST: Commissioner

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Clerk of the Board Commissioner

APPROVED AS TO FORM ONLY:

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Prosecuting Attorney

AYE _______

NAY _______

ABSTAIN _______

ABSENT ______