RESOLUTION No. 2002-65

Vacating Shaddox Springs Road while reserving a public utilities easement

BOARD OF COUNTY COMMISSIONERS

SKAMANIA COUNTY

STEVENSON, WASHINGTON

WHEREAS On August 12, 2002, the Board of County Commissioners, in Resolution 2002-44, declared its intent to vacate Shaddox Road and directed the County Engineer to report on the road as required by Chapter 36.87.040, R.C.W., and

WHEREAS the Board received the Engineer’s Report and set a public hearing on the proposed vacation, and

WHEREAS all of the notices of the hearing were properly published and posted as required by Chapter 36.87.050, R.C.W., and

WHEREAS, on October 7 and October 31, 2002, the Board held a public hearing where public testimony was received, considered and recorded, and

WHEREAS the Board of County Commissioners has determined that Shaddox Road is not a useful part of the County road system and that the public would benefit from its vacation; and

WHEREAS, the Board has further determined that the public interest would be served if the County retained an easement in Shaddox Road for the construction, maintenance and repair of a public utility.

THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Skamania County, Washington does hereby vacate Shaddox Road as a County Road but reserves an easement over and across the vacated premises for public utility purposes, including but not limited to an easement for access to the springs and wells owned by the Skamania County PUD.

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

(1) SHADDOX SPRINGS ROAD No. 33760, shall be vacated and abandoned in its entirety (from Mile Post 0.00 to Mile Post 0.28 (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 SHADDOX SPRINGS ROAD No. 33760, Mile Post 0.00 to Mile Post 0.28 (end). This easement will include, but not be limited to, a forty (40) feet wide road (twenty (20) feet on each side of the existing centerline),for access to the springs and wells owned and operated by the Skamania County PUD; and

(3) The Skamania County Engineer shall draft, negotiate and enter a License Agreement with the Public Utility District No. 1 of Skamania County to authorize the PUD, under mutually agreeable terms, to use the County’s easement to construct, operate and maintain over and under the above described lands a public utility, including but not limited to an access road and water lines; and

(4) This Resolution shall be recorded with the County Auditor in reference to the affected adjoining or underlying parcels.

Pursuant to action of October 31, 2002, this resolution is hereby approved and

SIGNED this 30th day of December, 2002