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HomeMy WebLinkAboutOrdinance 5069 Recorded : 11/08%20007 et T04!13R01 PM Fse Amt : $30 . 00 Psoe 1 of 4 IleshI Qa on Countv . AR Betts SUMS Circuit Clerk F11e2007-00041887 ORDINANCE NO, 5069 AN ORDINANCE APPROVING VAC 07-2707 SUBMITTED BY CITY OF FAYETTEVILLE WATER AND SEWER DIVISION FOR PROPERTY LOCATED AT THE WESTSIDE WASTEWATER TREATMENT PLANT (15 SOUTH BROYLES ROAD), VACATING THE RIGHT-OF-WAY FOR BROYLES ROAD BISECTING THE CITY'S WESTSIDE WASTEWATER TREATMENT PLAN SITE, A TOTAL OF 3 . 19 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way: See Exhibit `B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Condition of Approval as follows, and shall not be in effect until the condition is met. 1 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained. ` „ nvnrnrp,. PASSED and APPROVED this 2nd day of October, 2007. °��ER�rR�s'''�, _A` : GAS Y 0� .G,P APPROVE ATTEST: Q ' : FAYETTEVILLE • By: By: Yl M.nAiu ¢ �All. � TON ��� D NCO DY, Mayor SO RA E. SMITH, City Clerkfrreasurer ,,,y ��� 1A� � � � . ' ' • • _..� S s � ti•� ,. -c. ? :, ',' . _ _ ._ � � _ __ . .4 �I i, __._ _.... __ a . ___—.�.. _ _ ., .. .___�I / _ . - _ ._. _ _ -r`. re.. I � -. - I ., L ;. � ;� _ , , `� "� } �-.� �.e. i ♦s "y, `�i�; E.` �� ��.` . � � � EXHIBIT "B" VAC 07-2707 TRACT A COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST, RUN THENCE NORTH 870 44' 17" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,348.79 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE WEST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID SOUTH LINE NORTH 020 34149" EAST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 159.56 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 0910901 , A CHORD BEARING OF NORTH 270 39' 24" EAST AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 116.68 FEET TO THE EXISTING WEST RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS RIGHT OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY OF SAID NEW BROYLES ROAD RUN NORTH O10 52' 01 " EAST ALONG THE EXISTING FENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,708.79 FEET TO THE EXISTING FENCE ALONG THE EXISTING NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE SOUTH 870 51 ' 28" EAST ALONG SAID EXISTING FENCE ALONG SAID NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,290. 18 FEET TO THE WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD; THENCE LEAVING SAID NORTH RIGHT OF WAY OF SAID OLD BROYLES ROAD SOUTH 070 56' 26" WEST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 36.83 FEET TO THE EXISTING FENCE ALONG THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD NORTH 880 01 ' 19" WEST ALONG SAID EXISTING FENCE ALONG EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,224.96 FEET TO THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE SOUTH 370 13' 41 " WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 11 .26 FEET; THENCE SOUTH 03° 33' 15 " WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 55.70 FEET; THENCE SOUTH 02° 01 ' 50" WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,437.68 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 09109"9 A CHORD BEARING OF SOUTH 220 39' 24" WEST AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG SAID ARC OF SAID CURVE A DISTANCE OF 173.31 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 1309210 SQUARE FEET OR 2.99 ACRES, MORE OR LESS. EXHIBIT "B" (CONT.) VAC 07-2707 TRACT B COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST, RUN THENCE NORTH 020 37' 00" EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,950.96 FEET TO THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS EXISTING RIGHT OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION14 RUN NORTH 470 03104" EAST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 49.54 FEET; THENCE NORTH 02° 29' 47" EAST ALONG SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 514.31 FEET TO THE EAST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD SOUTH 050 26' 56" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 289.62 FEET; THENCE SOUTH 07° 5627" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 261 .66 FEET TO THE EXISTING FENCE ALONG SAID EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD SOUTH 880 45' 13 " EAST ALONG EXISTING FENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 89659 SQUARE FEET OR 0.20 ACRES, MORE OR LESS. ORD City of Fayetteville Staff Review Form 5069 City Council Agenda Items -/ or t7 7 C��V (/ Contracts 2-Oct-07 /y ✓1 �� C/ City Council Meeting Date Jeremy Pate Planning Operation's/ Submitted By Division Department Action Required: VAC 07-2707: (City of Fayetteville/Broyles Ave, 515): Submitted by City of Fayetteville Water and Sewer Division for property located at the Westside Wastewater Treatment Plant ( 15 South Broyles Road). The request is to vacate a portion of the right-of-way for Broyles Road bisecting the City's Westside Wastewater Treatment Plant site. $0.00 n/a n/a Cost of this request CategoryProject Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item O Budget Adjustment Attached Previous Ordinance or Resolution # n/a De ment D rector Date Original Contract Date: n/a Original Contract Number: n/a City ey Received in Cis ffice Q - IY -o7 T Ll FinaZ Internal Service Director Date Received in Mayor's Office A2K 4 Mayor Date Comments: City Council Meeting of October 2, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: September 13, 2007 Subject: Right-of-way Vacation for City of Fayetteville/Broyles Road (VAC 07-2707) RECOMMENDATION Planning Staff recommends approval of an ordinance vacating 3. 19 acres of Broyles Road right-of-way within the City's WWTP site. BACKGROUND On February 28, 2005 the Planning Commission approved the Large Scale development (LSD 05- 1385) for the Westside Wastewater Treatment Plant (WWTP). Broyles Road originally bisected through the property. The approved site plan for the WWTP relocated Broyles Road around the treatment plant site. On May 3, 2005 the City Council amended the Master Street Plan to realign Broyles Road as depicted on the approved site plan. The WWTP and new alignment of Broyles Road are under construction, with an estimated completion date for the opening of the re-aligned Broyles Road of June 2008. Right-of- way has also been dedicated in the new alignment for Broyles Road. Utility representatives have no objections to the requested vacation. The request is to vacate approximately 3. 19 acres of the existing right-of-way. DISCUSSION Notification was provided to all appropriate utility representatives and to the City. This item was heard on consent at the regular Planning Commission meeting on September 10, 2007. The Planning Commission voted 6-0-0 to recommend this vacation request to the City Council. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2707 SUBMITTED BY CITY OF FAYETTEVILLE WATER AND SEWER DIVISION FOR PROPERTY LOCATED AT THE WESTSIDE WASTEWATER TREATMENT PLANT ( 15 SOUTH BROYLES ROAD), VACATING THE RIGHT-OF-WAY FOR BROYLES ROAD BISECTING THE CITY'S WESTSIDE WASTEWATER TREATMENT PLAN SITE, A TOTAL OF 3. 19 ACRES. WHEREAS, the City Council has the authority under A.C.A. § 14-54- 104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted street right-of-way is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following described right-of-way: See Exhibit "B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer 3 �," �" n e_, { s�' Y�a l,• Fk s 1z �'��' sic. F.,i f .'" - .5- tv E - i F X, r 1 EXHIBIT "B" VAC 07-2707 TRACT A COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST, RUN THENCE NORTH 870 44' 17" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,348.79 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE WEST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID SOUTH LINE NORTH 02° 34' 49" EAST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 159.56 FEET TO A FOUND IRON PIN WITH PLASTIC CAP AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 09' 09" , A CHORD BEARING OF NORTH 270 39' 24" EAST AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 116.68 FEET TO THE EXISTING WEST RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS RIGHT OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID WEST RIGHT OF WAY OF SAID NEW BROYLES ROAD RUN NORTH 010 52' 01 " EAST ALONG THE EXISTING FENCE ALONG SAID EXISTING WEST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,708.79 FEET TO THE EXISTING FENCE ALONG THE EXISTING NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD;'THENCE SOUTH 870 51 ' 28" EAST ALONG SAID EXISTING FENCE ALONG SAID NORTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,290.18 FEET TO THE WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD; THENCE LEAVING SAID NORTH RIGHT OF WAY OF SAID OLD BROYLES ROAD SOUTH 070 56' 26" WEST ALONG SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 36.83 FEET TO THE EXISTING FENCE ALONG THE EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD NORTH 880 01 ' 19" WEST ALONG SAID EXISTING FENCE ALONG EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,224.96 FEET TO THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE SOUTH 370 13' 41 " WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 11 .26 FEET; THENCE SOUTH 03° 33' 15" WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 55.70 FEET; THENCE SOUTH 02° 01 ' 50" WEST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 1 ,437.68 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD SAID POINT BEING ON A CURVE TO THE LEFT HAVING A RADIUS OF 739.00 FEET, A CENTRAL ANGLE OF 500 09' 09", A CHORD BEARING OF SOUTH 220 39' 24" WEST AND A CHORD DISTANCE OF 626.41 FEET, THENCE ALONG SAID ARC OF SAID CURVE A DISTANCE OF 173 .31 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 130,210 SQUARE FEET OR 2.99 ACRES, MORE OR LESS. EXHIBIT "B" (CONT.) VAC 07-2707 TRACT B COMMENCE AT THE FOUND IRON PIN WITH PLASTIC CAP AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 31 WEST, RUN THENCE NORTH 020 37' 00" EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 A DISTANCE OF 1 ,950.96 FEET TO THE EXISTING FENCE ALONG THE EXISTING EAST RIGHT OF WAY LINE OF OLD BROYLES ROAD FOR THE "TRUE POINT OF BEGINNING" OF THIS EXISTING RIGHT OF WAY VACATION DESCRIPTION; THENCE LEAVING SAID EAST LINE OF SAID SOUTHEAST QUARTER OF SAID SECTION 14 RUN NORTH 470 03' 04" EAST ALONG SAID EXISTING FENCE ALONG SAID EXISTING EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 49.54 FEET; THENCE NORTH 02° 29' 47" EAST ALONG SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 514.31 FEET TO THE EAST RIGHT OF WAY LINE OF THE NEW BROYLES ROAD; THENCE LEAVING SAID EXISTING FENCE ALONG SAID EAST RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD SOUTH 050 26' 56" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 289.62 FEET; THENCE SOUTH 070 56' 27" WEST ALONG SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD A DISTANCE OF 261 .66 FEET TO THE EXISTING FENCE ALONG SAID EXISTING SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD; THENCE LEAVING SAID EAST RIGHT OF WAY LINE OF SAID NEW BROYLES ROAD SOUTH 88°45' 13 " EAST ALONG EXISTING FENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF SAID OLD BROYLES ROAD A DISTANCE OF 4.99 FEET TO THE POINT OF BEGINNING. THIS DESCRIPTION CONTAINS 89659 SQUARE FEET OR 0.20 ACRES, MORE OR LESS. TayeV 1 PC Meeting of September 10, 2007 KANSAS THE CITY OF FAYETTEVILLE . ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Andrew Garner, Senior Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Planning DATE: Aikgust- A9q Updated September 13.200 7 VAC 07-2707: (BROYLES ROAD, 476/515): Submitted by CITY OF FAYETTEVILLE WATER AND SEWER DIVISION for property located at the WESTSIDE WASTEWATER TREATMENT PLANT ( 15 SOUTH BROYLES ROAD). The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 3. 19 acres. The request is to vacate un-constructed right-of-way for Broyles Road bisecting the City's Westside Wastewater Treatment Plan site. Property Owner: City of Fayetteville Planner: Andrew Gamer Findings: Background: On February 28, 2005 the Planning Commission approved the Large Scale development (LSD 05- 1385) for the Westside Wastewater Treatment Plant (WWTP). Broyles Road originally bisected through the property. The approved site plan for the WWTP relocated Broyles Road around the treatment plant site. On May 3, 2005 the City Council amended the Master Street Plan to realign Broyles Road as depicted on the approved site plan. The WWTP and new alignment of Broyles Road are under construction, with an estimated completion date for the opening of the re-aligned Broyles Road of June 2008. Property: The 168-acre WWTP property is located east of 54th Avenue, south of Persimmon Street, and west of Broyles Road, which traverses through the site. Approximately 40 acres of the 168 acres is under development for the plant site at this time, with much of the remainder in open field, tree preservation area and wetland areas. The portion of Broyles Road that traverses through the site and was approved by City Council to be re-aligned contains 3 . 19 acres. Request: The applicant is requesting to vacate 3. 19 acres of Broyles Road right-of-way within the City's WWTP site. The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. K:Vtepons12007PC Rcports\09-10-071VAC 07-2707 (Bro)les Road).doc UTILITIES RESPONSE Ozarks Electric No Objections; providing that all of Ozarks Electric existing overhead line easements (30' wide) are maintained. Cox Communications No Objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections Transportation No Objections Solid Waste No Objections Engineering No Objections Public Comment: No public comment has been received. Recommendation: Staff recommends that the Planning Commission forward VAC 07- 2707 to the City Council with a recommendation for approval with the following condition of approval: 1 . All of Ozarks Electric existing overhead line easements (30' wide) are maintained. CITY COUNCIL ACTION: Required PLANNING COMMISSION ACTION: Required Planning Commission Action: X Forwarded ❑ Denied ❑ Tabled Date: September 10, 2007 Motion: Trumbo Second: Cabe Vote: 6-0-0 Comments: The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total without exception by the entity requesting approval of this development item, By Title Date KARg*,ts\2007\PC Rcpods\09-1"7WAC 07-2707 (Bmyla Rosd).doc