HomeMy WebLinkAbout57-0818-25RSTATE OF WASHINGTON
COUNTY OF JEFFERSON '
In the . Matter of Jefferson County's
Intent to Vacate a Portion of Lower Adelma RESOLUTION NO. 57-0818-25R
Beach Road
WHEREAS, Jefferson County Code Title 12 Public Ways and Places governs Right -of -
Way Permits and Places, including road vacations in Chapter 12.10 JCC; and
WHEREAS, Jefferson County Public Works requires permits for any activity by a
citizen or business that impacts a county road or public right-of-way, in order to protect the
infrastructure and the public's safety and investment. Public Works reviews and processes
applications for road approaches, utilities and other right-of-way uses, as well as requests for
road vacations; and
WHEREAS, Jefferson County Public Works has received and reviewed a petition submitted
by Todd and Cathy Stegman ("Petitioners") 'to vacate the western 20 feet of Lower Adelma Beach
Rd right of way abutting parcel 001-324-021 owned by the Petitioners and located in the northwest
quarter of the southeast quarter of Section 32, Township 30 North, Range 1 East, W.M., Jefferson
County Washington; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road
vacation petition on July 29, 2025; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of Petitioners, as
well as Karim Miller, Barbara Mones, and Public Works staff; reports from the Department of
Community Development and the County Engineer; and a written comment from Qwest Corporation
doing business as CENTURYLINK QC. The testimony and reports recommend approval of the
Petition; and
WHEREAS, the written response from Qwest does not oppose the petition but requests an
easement for their utilities; and
WHEREAS, a Public Works Staff Report documents compliance with vacation notice
requirements; and
WHEREAS, the Jefferson County Hearing Examiner has issued Findings of Fact,
Conclusions of Law and Recommendation to Jefferson County Board of Commissioners dated
August 8, 2025 ("Hearing Examiner Report") which contains findings, conclusions and a
recommendation that the Board approve the road vacation subject to the Petitioners meeting certain
conditions to pay all required compensation owed to the County for the vacated right-of-way and
administrative process; and
WHEREAS, the Jefferson County Hearing Examiner report does not make a
recommendation in regards to the retention of an easement for the construction, maintenance and
repair of public of public utilities and services. Jefferson County Public Works has determined that
existing utilities are located on the eastern side of Lower Adelma Beach Rd right of way that would
remain open. Thus, there is no need to retain an easement within the subject right of way.
WHEREAS, Petitioners' compensation owed to the County for the vacated right-of-way
includes $15,000 for full current market value (as of the date of the Petition), plus administrative fees
and expenses; and
WHEREAS, upon verification by the Public Works Department that Petitioner has met all
of the conditions identified above, and pursuant to Chapter 36.87 RCW and Chapter 12.10 JCC, the
Board shall adopt a resolution officially granting the Petition and vacating and abandoning the
subject rights -of -way described above; and
WHEREAS, the administrative expenses are over -and -above the staff time allowed under the
application fee, with the clarification that such administrative fees and expenses shall include the costs
for preparing and recording (by County staff) a Final Resolution approving the vacation of the subject
rights -of -way; and
WHEREAS, if Petitioners fail to meet the required conditions within one year from the
date of this Resolution, or any approved extension, the vacation process shall terminate, in which
case Petitioners shall remain liable for all administrative costs actually incurred by the County;
and
WHEREAS, the Jefferson County Board of Commissioners has considered the Hearing
Examiner Report and the recommendations contained therein;
NOW, THEREFORE, THE .BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVE AS FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners
hereby adopts the above "Whereas" clauses as Findings of Fact.
Section 2. Purpose. The Board of County Commissioners hereby adopts the Hearing Examiner's
findings, conclusions and recommendations as reflected in the Hearing Examiner's Report dated
August 8, 2025.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this Resolution
or its application to any person or circumstance is held invalid, the remainder of this Resolution or
its application to other persons or circumstances shall be fully valid and shall not be affected.
Section 4. SEPA Categorical Exemption. This Resolution is categorically exempt from the State
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Environmental Policy Act under WAC 19741-800 (19).
Section 5. Effective Date. This Resolution,shall take effect and be in full force immediately upon
passage by the Board of County Commissioners.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED and APPROVED this �g� ay of August, 2025.
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Carolyn allaway, CMV Date
Clerk of the Board
JEFFERSON COUNTY BOARD OF COUNTY
C MISSIONERS
Heidi EisNihour, Commissioner District 2
Commissioner District 3
C-rre-a—tIh4rdMIev-NolIet6te. Commissioner District 1
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Stephanie Marshall, Attorney at Law
Jefferson County Hearing Examiner
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
IN RE
PETITION TO VACATE PORTION OF
LOWER ADELMA BEACH ROAD,
PROJECT NO.97025002
CATHY STEGMAN,
PRINCIPAL PETITIONER
FINDINGS OF FACT, CONCLUSIONS
LAW AND RECOMMENDATION TO
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
-PUBLIC HEARING
The undersigned Hearing Examiner conducted a hybrid (video conference with rem(
access technology, and in -person) -open record public hearing on Tuesday, July 29, 2025, at 2:
p.m. on a petition to vacate the western 20-foot portion of Lower Adehna Beach Road abutti
parcel 001-324-021. Principal Petitioner, Cathy Stegman, along with her husband, Todd Stegm,-
is the current owner of record of Tax Parcel 001-324-021. The right -of way proposed for vacati
is the western 20-foot portion of Lower Adelma Beach Road abutting parcel 001-324-021 (stir(
address of 150 Lower Adelma Beach Road).
The following exhibits comprise the record on.the petition:
CA-01
Petition for Vacation
CA-02
Appraisal
CA-03
Road Vacation Process
CA-04
Upcoming Road Vacation Schedule
CA-05
Final Staff Report
CA-06
Engineer's Report
CA-07
CenturyLink Comment
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS - 1
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Documents may be viewed at: wwiv.co jefferson.wa.us — Services — Laserfiche Web
(username/password: public) — Board of Commissioners - Boards & Committees — I
Examiner — 2025 — 072925 Lower Adelma
FINDINGS OF FACT
After reviewing the record and hearing testimony, the Hearing Examiner makes the
following Findings of Fact:
1. On May 8, 2025, Cathy and Todd Stegman ("Petitioners") submitted a Petition ti
Vacate a Jefferson County Right -of Way, requesting vacation of a 20-foot portion of Lowe
Adelma Beach Road abutting their private property, Parcel 001-324-021 (the "Petition"). CA-0I
Exhibits 1 and 2 to CA-05; and Exhibits A, B and D to CA-06. The purpose of the petition is t(
enable Petitioners to remodel their home, which — along with a portion of their garage - currently
encroaches into the subject right-of-way: This action is a necessary prerequisite for their planne(
home remodel, contingent upon the approval of an associated setback variance. CA-06.
2. Parcel 001-324-021 is owned by Petitioners and is the only parcel abutting thi
subject right-of-way. CA-06. Therefore, 100% of the abutting property owners are included in thi
Petition to Vacate. Exhibit C to CA-06.
3. The Petition was submitted and has been reviewed in accordance with
12.10 Jefferson County Code ("JCC") and RCW Chapter 36.87.
4. The subject right-of-way is located at Northwest Quarter of Southeast Quarter;
Section 32, Township 30 North, Range 1 West. CA-05; CA-06.
5. A Staff Report, dated July 8, 2025, was prepared by Joshua Thornton, Jefferson
County Real Property Specialist with the Jefferson County Public Works Department. CA-05.
6. In accordance with JCC 12.10.050, Mr. Thornton emailed/mailed notice of the
petition and public hearing, including a request for comments on the proposed vacation, on
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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13, 2025 to applicable County departments and other entities and businesses. Exhibit 2 to CA-05.
He also sent notices of the petition and the public hearing via U.S. Mail to property owners within
300 feet of the subject rights -of way. See list of Adjacent Property Owners ("APOs") and sample
notice attached as Exhibit 3 to CA-05.
7. No objections to the proposed road vacation were raised by any of the Cou:
departments, entities or businesses which received notice. Exhibit E to CA-06 (Department
Community Development Memo dated June 10, 2025 to Mr. Thornton from Greg Ball,
Jefferson County DCD Code Administrator). No written or oral objections were received as of
date of the Staff Report from nearby property owners.
8. Notice of the public hearing for the proposed road vacation was published in
Jefferson County Port Townsend Leader on July 10 and July 17, 2025. Exhibit 4 to CA-05.
9. On June 17, 2025, public notices of the Petition to Vacate, public notice of
scheduled public hearing and instructions for commenting were posted on the subject site at
northwestern and southwestern intersection of the right-of-way and Petitioners' parcel bound
in accordance with RCW 36.87.050 and JCC 12.10.050. Exhibit 5 to CA-05.
10. The County Engineer examined the subject right-of-way and prepared a rel
rendering an opinion on the required factors that must be considered in determining whether
subject road should be vacated. CA-06 (July 8, 2025 County Engineer's Report, prepared by Mc
Reinders, P.E., Public Works Director/County Engineer).
11. The Lower Adelma Beach Road (originally Discovery -Port Townsend Road) w,
petitioned on May 3, 1886 and established by order of the Jefferson County Board c
Commissioners on November 6, 1886. The petition requested a 30-foot wide road; however, t1
sitting Jefferson County Board of Commissioners did not specify a road width in the text of tl
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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Order of Establishment. The 1879 Territorial Laws of Washington provided that "all county
shall be sixty feet in width, unless the county commissioner shall, upon the prayer of the petiti
for the same, determine on a less number of feet in width." Jefferson County has historically
the position that the subject road is within a 60' right of way. CA-06.
12. Parcels to the south of the subject right-of-way benefit from Lower Adelma
Road. However, the proposed vacation will not impact access because a 40-foot right-of-way
retained containing the existing road and utilities. Upon vacation, a 20-foot wide portion of
ht-of-way will attach to the western portion of Tax Parcel 001-324-021. CA-06. As required
JCC 12.10.110(7), the road vacation will not landlock any parcel or property. CA-06.
13. Lower Adelma Beach Road is open as a public road and has been maintained
Jefferson County. The County Engineer finds that the road is in fair condition and is currently
use, meeting the definition in JCC 12.10.020 of a "Class B" road, which is a road "dedicated
deeded to, or otherwise established by the county for which public expenditures have been
in the acquisition, improvement, or maintenance of same except those roads platted prior to M
12, 1904, which remained unopened for public use for a period of five years after authority
for opening them." CA-06.
14. The County Engineer found that the subject right-of-way does not provide
overall area or neighborhood circulation for the genera] public, nor is there any anticipated
for this right-of-way to serve the general public. CA-06.
15. RCW 36.87.040 and JCC 12.10.050(2)(e) require the County Engineer to give
opinion as -to whether the public will benefit by the vacation. However, neither provision prov
guidance as to what is considered a "public benefit," when determining whether to
of apublic right-of-way. The legislative body is the proper entity to weigh public benefi
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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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.), any benefit
typically would accrue to the property owners with frontage on the vacated right of way. These
benefits nught include additional building space, room for septic systems, green belt buffer, the
ability to keep public from trespassing on their property, or other benefits. Benefits to the publi(
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), anc
increased property tax. All of these reasons have been used in the past to support road vacation;
and could support a finding of public benefit for the vacation of the subject right-of-way. CA-06.
16. JCC 12.10.110(1) requires that the proposed road vacation be reviewed foi
compliance with the Jefferson County Comprehensive Plan and any other applicable plan,
policies or ordinances. JCC 12.10.110(2) states that roads should not be closed or vacated whe
land uses, development plans, or occurring patterns indicate their usefulness to area circulation. I
accordance with JCC 12.10.060, the Jefferson County Department of Community Developmer
reviewed the proposed road .vacation and any environmentally sensitive areas that might
affected by the road vacation. Exhibit E to CA-06.
17. The proposed road vacation has been reviewed for compliance with the J
County Comprehensive Plan and other applicable plans, policies or ordinances, per JC(
12.10.110(1). Therefore, the right-of-way is eligible for vacation under this criterion.
18. No land uses, development plans, or occurring patterns indicate that the portion o
the right-of-way proposed to be vacated is or will be useful to area circulation, per JC(
12.10.110(2). Therefore, the right-of-way is eligible for vacation under this criterion.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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19. JCC 12.10.110(3) states that the effectiveness of fire, medical, law enforcement, o
other emergency services should not be impaired by a road vacation. The County Engineer fount
that the effectiveness of emergency services will not be impaired by the proposed road vacation
No opposition to the Notice of Petition to Vacate the subject right-of-way was received from the
Sheriffs Office, Fire District #1 or JeffCom911. CA-06; CA-05. Therefore, the right-of-way i;
eligible for vacation under this criterion.
20. JCC 12.10.110(4) states that roads should not be closed, vacated, or abandonec
when such routes can effectively be used for utility corridors. No opposition from public or private
utility companies or providers was received in response to the Notice of Petition to Vacate
Approval of the proposed vacation will not fully close Lower Adelma Beach Road; existing
utilities are located on the eastern side of Lower Adelma Beach Road, which will remain open
Therefore, the right-of-way is eligible for vacation under this criterion. However, if determined t
be necessary, and in compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), the Board (
Commissioners may condition approval of the road vacation on the retention of an easement withi
the subject vacated area for the construction, repair, and maintenance of public utilities an
services. JCC 12.10.090(2). CA-06.
21. Per JCC 12.10.110(5), a road should not be vacated when it could be used for publ
trails or pathways. The portion of the subject right-of-way for which vacation is sought does n
provide direct access to water or a beach. Further, there are no Jefferson County Parks or plans f
new parks in the vicinity. Thus, the subject right-of-way would not be a prime candidate for
public trail. CA-06. Therefore, the right-of-way is eligible for vacation under this criterion.
22. JCC 12.10.110(6) states that rights -of -way should not be vacated if it abuts a boc
of salt or fresh water unless certain exceptions apply. The subject right-of-way is located ne
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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Discovery Bay, but it does not abut the water. Therefore, the right-of-way is eligible for
under this criterion. CA-06'.
23. JCC 12.10.120 requires the Principal Petitioner to compensate the County for
Class A and Class B vacated rights of way in compliance with RCW 36.87.120. A
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 o
either or both Class A and Class B roads or rights of way a sum equal to 1 half o
the current fair market value (as of the date of the petition) of the area so vacated i
the county holds title through a dedication, or the full current fair market value (a
of the date of the, petition) if the county acquired the subject rights -of -way othe
than by dedication, e.g. fee simple interest."
• Additional Payment for Class B .roads or rights of way (part 1): The principa
petitioners shall pay to the county an amount equal to the amount of publi(
expenditures made in improvement or maintenance of the road or rights -of -way o.
a portion of any road or rights -of -way that is the subject of the proposed vacation.
• Additional Payment for Class B. roads or rights of way (part 2): An amount equa
to all other administrative costs incurred by the county in vacating the road.
24. The County did not acquire the subject right of way through dedication.
if the Board accepts the Hearing Examiner's recommendation and approves the road vacation,
Principal Petitioner shall be required to compensate the county for the full current fair market va
of the property: Based upon an appraisal commissioned by Stegman, the fair market value of
subject's right of way is $15,000. Exhibit F to CA-06.
25. The County Engineer found that it is not possible to determine what expend
if any, were made prior to 1997 regarding the subject right of way, and no records of
expenditures since then were found. Petitioners' improvements encroaching on the subject
of -way have existed since 1946, further supporting the presumption that no public expenc
were made in regard to the subject right of way. CA-06.
26. 1n order for the vacation to be completed, Petitioners shall be required to pay
administrative costs incurred by the County in the road vacation process, whether the vacation i
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ultimately approved or not. These include the 2025 costs associated with preparing for an,
conducting a hearing with the Hearings Examiner, reviewing documents submitted by th
Petitioners, document recording fees,_ etc. To date, the Principal Petitioners have paid a tots
administrative fee of $1381, which is the 2025 fee for vacating roads and includes 17 hours e
staff time. Petitioners shall be liable for any staff time over 17 hours and any other administrativ
costs incurred in processing the application. CA-06. With compliance with the proposed condition
of approval in this Recommendation, the right-of-way is eligible for vacation under JCt
12.10.120.
27. The County Engineer concluded that the proposal appears to meet all of the criteri
in Chapter 36.87 RCW and Chapter 12.10 JCC required for approval of vacation of a portion c
the subject right-of-way. The Public Works Director/County Engineer expressed an opinion the
the right-of-way should be vacated, provided that no contrary testimony or new findings ar
presented at the hearing, and provided that the Principal Petitioner pays all required compensatio
owed to the County for the vacated right-of-way and administrative process. CA-06.
28. No testimony or new findings were presented at the public hearing contrary to th
County Engineer's opinion.
29. The petitioner has the burden of proof and must establish that the proposed roa
vacation meets all applicable criteria of JCC Chapter 12.10 and RCW Chapter 36.87. The applicar
must meet its burden of proof with substantial evidence.
30. The subject right-of-way has not been statutorily vacated.
31. On July 21, 2025, CenturyLink submitted an email and letter comment on th
proposed road vacation. CA-07. It stated that it has utilities in the subject right-of-way an
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requested that an easement be reserved for any CenturyLink facilities within the proposed
area.
32. In accordance with RCW 36.87.060 and JCC 12.10.08, the Hearing Examiner
a public hearing on the petitions for road vacation, allowing for public comment on the props
road vacation. The Examiner reviewed the road vacation petition, the written staff report, and
criteria contained in JCC 12.10.110, and received public testimony in support of or in opposii
to the proposed road vacation.
33. At the public hearing, Joshua Thornton, Jefferson County Real Property SpeciaR
provided testimony reviewing the Staff Report, presenting the circumstances for which propos,
road vacation is intended to address and an overview of the County Engineer's report. He testifi,
regarding the required compensation for the road vacation, including the base payment based i
the fair market value of the portion of the road to be vacated and additional administrative fees.
34. Mr. Thornton testified that only one public comment was received in response
the Notice of Intent to Vacate from CenturyLink/Quest. This comment letter stated that the rc
vacation should not diminish its rights to any other existing .easement or other rights CenturyLi
has on the site or in the area. CenturyLink also requested that, if its facilities- in the area,
damaged, the Petitioners should be required to bear the cost of relocation/repair. CA-07. Mr
Thornton stated that he personally visited the site on July 21, 2025 to confirm that utilities arf
located on the eastern side of the road..
35. Todd Stegman, one of the Petitioners, provided testimony in support of th
proposed road vacation. He stated that he and his wife purchased their property two years ago. Th
property is located on a small, dead-end street. Their lot is bisected by the road. Petitioners ar
seeking to -remodel a portion of their home that is built within the right-of-way. The encroachmer
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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will be approximately 15-16 feet into the right-of-way. By requesting vacation of 20 feet of
right-of-way, Petitioners will have a four -foot buffer between the remodeled structure and
right-of-way. Mr. Stegman testified that they originally considered petitioning for vacation of
full right-of-way, but the petition for vacation of only 20 feet of the right-of-way is a be
proposal. Mr. Stegman confirmed that all utilities are located on the east side of the road, out:
of the portion they seek to have vacated.
36. Karim Miller, a neighboring property owner, provided testimony in support of
proposed road vacation.
37. Barbara Mones, a neighboring property owner, provided testimony in support
the proposed road vacation.
38. On rebuttal, Mr. Thornton testified that utility maintenance will not be affected
the proposed road vacation. He stated that he had a call with CenturyLink during which the utilit
stated it was unsure of the location of its easement. However, it will not be performing a survey.
CONCLUSIONS OF LAW
1. The Petition has been reviewed by the Hearing Examiner in accordance with RC`
36.87.060 and JCC 12.10.08.
2. The Petition includes all information required for a petition to vacate in
Chapter 12.10 and RCW Chapter 36.87.
3. Public notice of the Petition was provided in compliance with JCC 12.10.050
Members of the public were provided with an opportunity to comment on the Petition
with state and local requirements.
4. The Petition is consistent with all subsections of JCC 12.10.110.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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5. With the Petitioners' compliance with suggested conditions of approval,
Petition will be consistent with JCC 12.10.120 and RCW 36.87.120.
6. The Board of County Commissioners has authority to weigh the evidence
determine -whether, under RCW 36.87.040 and JCC 12.10.050(2)(e), the public will benefit fi
the proposed road vacation. The proposal is based on reasons that legally support a determinal
of public benefit. Substantial evidence in the record supports a conclusion that there is no pu
need for the portion of the right-of-way proposed to be vacated on the basis of circulation, tr
or utilities. Benefits to the public and county that may result from approval of the road vacai
include reduced road maintenance costs, reduced liability for managing public right of way (s
as garbage dumping, timber theft, danger trees, or abandoned vehicles), and increased property
7. Petitioners have met their burden of proof have established with substar.
evidence that the proposed road vacation meets all. applicable criteria of JCC Chapter 12.10
RCW Chapter 36.87.
8. The proposed road vacation is exempt from review under the State Environme
Policy Act, RCW Chapter 43.21C.
9. The Hearing Examiner snakes this Recommendation to the Jefferson County Bc
of Commissioners, consistent with JCC 12.10.080 and 12.10.130.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Exam:
recommends that the Jefferson County Board of Commissioners APPROVE the Petition
Vacation submitted by Petitioners Cathy and Todd Stegman, Project No. 97025002, subject to
following proposed conditions of approval:
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
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1. Petitioners shall pay base payment compensation for the full current fair m�
value of the portion of the road to be vacated in the amount of Fifteen Thousand and no/100 Do
($15,000.00) into the Jefferson County road fund subsequent to the Board of Co
Commissioners' approval of the requested road vacation and prior to the signing of the vac,
resolution.
2. Petitioners shall pay any additional compensation and all other amounts and f
due and owing to the County to reimburse the County for administrative costs and staff ti
incurred by the County in the road vacation process, if the Board of County Commission
determines that the County incurred additional costs in processing the Petition for Vacation beyo
the amount of One Thousand Three Hundred Eighty -One and no/100 Dollars ($1381.00), whi
has been paid by the Petitioners. This additional compensation, other amounts and fees, shall
paid by Petitioners within one (1) year of approval of the request by the Board of Cout
Commissioners. If any sums owed the County are not paid and/or conditions of approval are i
met within one (1) year of the Board of County Commissioners' approval of the vacation requ
as reflected in the approving resolution, then approval may be rescinded upon notice by mail
the Principal Petitioner(s).
3. If the Board of County Commissioners determines it to be necessary, and i
compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), it may condition approval of the roa
vacation on the retention of an easement within the vacated area for the construction, repair,
maintenance of public utilities and services. JCC 12.10.090(2).
4. Approval of the requested road vacation shall not be deemed to diminish o
otherwise. affect easement and/or other rights of CenturyLink within the vacated right-of-way. I
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS - 12
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Petitioners damage any CenturyLink facilities within the vacated right-of-way, Petitioners shall bi
responsible to CenturyLink for the reasonable cost of relocation and/or repair of such facilities.
5. Should the Board of County Commissioners deny the requested road vacation
reimbursement to Jefferson County of all costs of processing the request shall be the responsibilit,
of the Principal Petitioners.
Dated this 1 lth day of August, 2025.
STEPHANIE MARSHALL, Attorney at Law
Jefferson County Hearing Examiner
FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS - 13
Department of Public Works
Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Consent Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Monte Reinders, P.E., Public Works Director
Agenda Date: August 18, 2025
Subject: A Resolution adopting Bearing Examiner report and
recommendations, and expressing Board's intent to vacate a portion
of Lower Adelma Beach Rd, subject to Petitioners meeting certain
conditions
Statement of Issue:
In accordance with JCC 12.10.090, the Board is asked to consider the Hearing Examiner's report
and recommendations (attached) pertaining to a Petition to vacate the western 20-foot portion of
Lower Adelma Beach Rd right of way abutting parcel 001-324-021 located in the northwest
quarter of the southeast quarter of Section 32, Township 30 North, Range 1 East, W.M.,
Jefferson County Washington. The subject right-of-way only abuts Tax Parcel 001-324-021
owned by Todd and Cathy Stegman (Petitioners).
Analysis:
A public hearing on the road vacation petition was conducted before a Jefferson County Deputy
Hearing Examiner on July 29, 2025. Based upon the recommendations contained in the County
Engineer's report, as well as any comments received from other departments, agencies, and
individuals, the Hearing Examiner has recommended that the road vacation be approved subject
to Petitioners meeting the following condition:
• Pay all required compensation owed to the County for the vacated right-of-way and
administrative process.
Although the official public hearing was conducted by the Office of the Hearing Examiner,
pursuant to JCC 12.10.130(1), the Board has the discretion to accept public testimony in support
or in opposition to the proposed vacation.
Fiscal Impact:
If the Board approves the attached Resolution of Intent to Vacate, then in accordance with JCC
12.10.120, Petitioners will pay compensation for administrative fees -and expenses incurred over -
and -above staff hours included in the application fee plus $15,000 as compensation for full
current market value (as of the date of the Petition) of the subject rights of way.
Department of Public Works
Consent Agenda
Page 2 of 2
Recommendation:
Department of Public Works recommends that the Board adopt the Hearing Examiner's Report
and approve the vacation of the subject rights -of -way subject to Petitioners meeting the Hearing
Examiner's recommended approval condition, with the clarification that compensation to be paid
by Petitioners shall include the costs for preparing and recording (by County staff) a Final
Resolution approving the vacation of the subject rights -of -way.
Public Works recommends that the Board sign the attached Intent to Vacate Resolution which
will commit the Board to adopting a final Resolution which will officially grant the petition to
vacate the subject rights -of -way upon verification that Petitioner has met all of the required
conditions within one-year. Failure to meet the conditions within that timeframe, or any
extension approved by the Board, will result in termination of the vacation process, in which
case Petitioner will remain liable for all administrative costs actually incurred by the County.
Department Contact:
Joshua Thornton, Real Property Specialist, 385-9162
Reviewed By:
a a -
Josh Peters, County Administrator Date