HomeMy WebLinkAboutCA-03 Engineers report V4CA recieved 08/04/25
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County Engineer’s Report – Petition to vacate a portion of Simms St.
July 23, 2025
Page 2
4. Parcels to the west of the subject right-of-way do benefit from potential access through Simms St
however, this right of way is not in use and has not been fully cleared and developed. The
proposed vacation would not limit access to these parcels which have alternative means of access
through Alice St to the south, as shown in Olson’s Addition to Irondale Plat Vol. 2 of Plats Pg.
142 (Exhibit C). Upon vacation the subject right of way would attach to parcel(s) 942-903-704,
942-903-705, 942-903-803, 942-903-802, & 942-903-801.
5. According to the Petition, the purpose of the requested vacation is to allow merger of Petitioner
owned parcels separated by the subject right of way.
6. Simms St appears in the county road log as road number 534609 and is listed as 0.04 miles or
approximately 211 feet. If the vacation of this right of way is approved Simms St would be
removed from the county road log. It is not possible to determine what expenditures if any were
made prior to 1994 regarding the subject right-of-way and no records of public expenditures
since were found. The Simms St. right of way meets the definition (in JCC 12.10.020) of “Class
A” road, namely a road “Roads established, dedicated to, deeded to, or otherwise established by
the county for which no public expenditures have been made in the acquisition, improvement, or
maintenance of same except those roads platted prior to March 12, 1904, which remained
unopened for public use for a period of five years after authority was granted for opening them.”
7. The subject right-of-way does not provide for overall area or neighborhood circulation for the
general public, nor is there any anticipated future need for this right-of-way to serve the general
public.
8. RCW 36.87.040 and JCC 12.10.050(2)(e) requires the County Engineer to give an opinion as to
whether the public will benefit by the vacation; however, neither provide guidance as to what
might be considered a “public benefit” when vacating a public right-of-way. The legislative
body is held to be the proper entity to weigh public benefit, and there is a presumption that an
ordinance approving a street vacation was validly enacted for a public purpose (London v.
Seattle, 93 Wn.2d 657 (1980)). In the absence of any need for a road right-of-way for the benefit
of the general public (circulation, trails, utilities, etc.), typically any benefit would accrue to the
property owners with frontage on the vacated right-of-way. These benefits might include
additional building space, room for septic systems, green-belt buffer, the ability to keep the
public from trespassing on their property, or other benefits. Benefits to the public and County
could include reduced road maintenance costs, reduced liability for managing public right-of-
way (such as garbage dumping, timber theft, danger trees, or abandoned vehicles), and increased
property tax. All of these reasons have been used in the past to support road vacations and could
support a finding of public benefit for the vacation of the subject rights-of-way.
9. JCC 12.10.110(1) requires that the proposed road vacation be reviewed for compliance with the
Jefferson County comprehensive plan and any other applicable plans, policies or ordinances.
JCC 12.10.110(2) provides that roads should not be closed or vacated when land uses,
development plans, or occurring patterns indicate their usefulness to area circulation. In
accordance with JCC 12.10.060, the Department of Community Development (DCD) reviewed
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County Engineer’s Report – Petition to vacate a portion of Simms St.
July 23, 2025
Page 3
the proposed road vacation and any environmentally sensitive areas that might be affected by the
road vacation. (Exhibit D - DCD Conclusions and Report).
10. JCC 12.10.110(3) provides that the effectiveness of fire, medical, law enforcement, or other
emergency services should not be impaired by a road vacation. The effectiveness of emergency
services will not be impaired by this road vacation. No opposition to the Notice of Petition to
Vacate the subject right-of-way was received from the Sheriff’s office, Fire District #1 or
JeffCom911 (see Staff Report for copies of all comments received).
11. JCC 12.10.110(4) provides that roads should not be closed, vacated, or abandoned when such
routes can effectively be used for utility corridors. In response to the emailed “Notice of Petition
to Vacate a Portion of Simms St” Jefferson County Public Utility District #1 indicated that there
are existing facilities in the right of way and an easement agreement should be executed prior to
approval of the vacation. An easement was granted July 27, 1994 to Puget Sound Power & Light
Company AFN 374562 of which Jefferson County Public Utility District #1 is the successor in
interest and a consent to use of easement was granted January 29, 2013 to Jefferson County
Public Utility District #1(Exhibit E – Easement & Consent to Use of Easement). If necessary,
and in compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), the Board of County
Commissioners may retain an easement within the subject vacated area for the construction,
repair, and maintenance of public utilities and services.
12. JCC 12.10.110(5) states that roads should not be vacated when they could be used for public
trails or pathways. The 2022 Jefferson County Parks, Trails, Recreation and Open Space Plan
defines the goal of the trail system to be an integrated multipurpose system of trails and corridors
that access significant environmental features, public facilities, developed local neighborhoods,
business districts and recreational activities through linkages between the existing system and
these points of interest. The subject right-of-way does not provide access or linkage to the
existing trail system nor any points of interest described in the Plan. The eastern portion of
Simms St was vacated in June 1925 leaving the subject right of way as a dead end, thus it would
not be a prime candidate for a public trail.
13. JCC 12.10.110(6) and RCW 36.87.130 state that right-of-way should not be vacated if it abuts a
body of salt or fresh water or unless certain exceptions apply. The subject right-of-way does not
abut the water, and therefore is eligible for vacation under this criterion.
14. JCC 12.10.110(7) states that a road vacation should not landlock any parcel or property. As
described above parcels to the west of the subject right of way have access from Alice St to the
south, as shown in Olson’s Addition to Irondale Plat Volume 2 of Plats Page 142. If conveyed to
a third party, petitioner's parcel 942-903-704 will become landlocked unless legal access is
provided via an alternate means such as a recorded restrictive covenant providing for an easement
upon alienation of that parcel or merger with one or more of the following parcels 942-903-705 /
942-903-706 / 942-903-801 that are under common ownership and will continue to have legal
access following approval of the vacation request.
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County Engineer’s Report – Petition to vacate a portion of Simms St.
July 23, 2025
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15. JCC 12.10.120 requires the Principal Petitioner to compensate the County for all Class A and Class
B vacated rights-of-way in compliance with RCW 36.87.120. A resolution approving vacation of
a right-of-way shall not be effective until the following payments are made:
Base Payment: “The Principal Petitioner shall pay, with respect to the vacation of either
or both Class A and Class B roads or rights-of-way a sum equal to one-half of the current
fair market value (as of the date of the petition) of the area so vacated if the county holds
title through a dedication, or the full current fair market value (as of the date of the petition)
if the county acquired the subject rights-of-way other than by dedication, e.g., fee simple
interest.” The County did acquire the subject rights-of-way through dedication. Therefore,
if the vacation is approved, the Principal Petitioner shall be required to compensate the
County for one half of the current fair market value of the property at the time of the
petition. Based on the appraisal commissioned by Chimacum Properties LLC, the fair
market value of the subject rights-of-way is $30,000. Thus, the base payment amount
would be $15,000.00.
Additional Payment for Class A roads or rights-of-way: An amount equal to “all other
administrative costs incurred by the county in vacating the road.” In order for the
vacation to be completed, the Petitioner will need to pay the administrative costs incurred
by the County in the road vacation process whether the vacation is ultimately approved or
not. These would include the 2025 costs associated with preparing for and conducting a
hearing with the Hearings Examiner, reviewing documents submitted by the petitioner,
document recording fees, etc. To-date, the Principal Petitioner has paid a total
administrative fee of $1,550.14 which was the 2023 fee for vacating roads and includes
17 hours of staff time. Petitioner shall be liable for any staff time over 17 hours and any
other administrative costs incurred in processing the application.
16. Road vacations are exempt from SEPA, per WAC 197-11-800(2)(i).
RECOMMENDATIONS
This proposal could meet all of the criteria outlined in Chapter 36.87 RCW and Chapter 12.10 JCC
allowing for the subject right-of-way to be vacated. Vacating the subject rights-of-way is recommended
by the Public Works Director/County Engineer, contingent on four conditions: ensuring legal access to
parcel 942-903-704; the absence of contrary testimony or findings at the hearing; the retention of an
easement within the subject vacated area for the construction, repair, and maintenance of future public
utilities and services; and the Principal Petitioner's payment of all required compensation to the County
for the vacated right-of-way and administrative process.
EXHIBITS
A. Vicinity and Parcel Maps
B. Chalmers’s No. 2 Vol. 3 of Plats Pg. 9
C. Olson’s Addition to Irondale Plat Vol. 2 of Plats Pg. 142
D. Dept. of Community Development Report
E. Puget Power - Easement & JPUD#1 - Consent to use of Easement
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EXHIBIT A
Vicinity map and parcel map showing
rights-of-way proposed for vacation.
Location of rights-of-way
proposed for vacation
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EXHIBIT B
Chalmers’s No. 2 Vol. 3 of Plats Pg. 9
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EXHIBIT C
Olson’s Addition to Irondale Plat Vol. 2 of Plats Pg. 142
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EXHIBIT D
Dept. of Community Development Report
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street, Port Townsend, WA 98368 | Web:
www.co.jefferson.wa.us/communitydevelopment
Tel: 360.379.4450 | Email: planning@co.jefferson.wa.us
MEMO
DATE: July 22, 2025
TO: Joshua Thornton
FROM: Lila Stanfield, Assistant Planner
RE: Petition to vacate Simms St. right-of-way West of Rhody Dr., South of
Parcel 942903704 at 10609 Rhody Dr, Port Hadlock, WA 98339
DCD received an e-mail on June 13, 2025 outlining the proposed vacation.
The Petition for vacation of the Simms St. right-of-way west of Rhody Dr.
The area has a generic Parcel # 000000250 that applies to county property, the area
to be vacated is South of Parcels 942903704 & 942903705, it has the following critical
areas: Special Aquifer Recharge Protection Area (SARPA) and Susceptible Aquifer
Recharge Area (SUSC) and Nitrogen BMP. There are no applicable protection
standards applicable to this proposal.
All new land disturbing activity and development (including placing new access
roads and utilities) are subject to Critical Area and stormwater requirements.
In Washington law, RCW 36.87.090 and RCW 36.87.140 imply that a statutorily
vacated road platted after 1904 may still allow ingress and egress, typically in the form
of implied or preserved easements, especially for adjacent property owners.
The goal is to make sure that no parcel is land locked, so if access is existing from the
right-of-way it will continue.
A Quiet Title Action would have to be filed to establish legal right of the vacated road,
and to remove any cloud on title (public interest of any kind).
DCD has no objections to the proposed vacation of Simms St. right-of-way. This does
not indicate that DCD will authorize future development with the vacated right-of-way.
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EXHIBIT E
Puget Power - Easement - AFN 374562 Recorded 8/16/1994
Public Utility District No. 1 of Jefferson County –
Consent to Use of Easement – AFN574050 Recorded 3/01/2013
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