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HomeMy WebLinkAboutExhibit 20 - County Engineers ReportDepartment of Public Works Jefferson County, Washington County Engineer's Report TO: Jefferson County Hearing Examiner FROM: Monte Reinders, P.E., County Engineer 4 DATE: March 16, 2026 /"� 623 Sheridan Street Port Townsend, WA98368 360-385-9160 SUBJECT: Petition to vacate a portion of Mumby Rd. James S Burnell and Andrea R. Vitalich, Principal Petitioner Project No. 97026001 Road vacations are addressed in Chapter 36.87 Revised Code of Washington (RCW), as well as Chapter 12.10 Jefferson County Code (JCC). Both require that the County Engineer examine the Subject Right -of -Way and submit a report rendering an opinion on a number of factors: whether the county road should be vacated and abandoned; whether the same is in use or has been in use; the condition of the road; whether it will be advisable to preserve it for the county road system in the future; whether the public will be benefited by the vacation and abandonment; whether public expenditures have been made in the acquisition, improvement, or maintenance of the subject road, and the amount of said expenditures; and all other facts, matters, and things which will be of importance to the Board of County Commissioners (BoCC). This report presents the findings and recommendations of the County Engineer consistent with those requirements. Per JCC 12.10.080, road vacation hearings are conducted by the Hearing Examiner who then submits findings, conclusions, and recommendations for consideration and final decision by the Board of County Commissioners. FINDINGS 1. James S Burnell and Andrea R. Vitalich ("Petitioner") are seeking to vacate the western terminus of Mumby Road Right of Way approximately 184 feet in length and 16 feet in width ("Subject Right -of -Way"). The Subject Right -of -Way is primarily located on parcel 021-202-012 in the Southwest quarter of the Northwest quarter of Section 20, Township 30 North, Range 1 East, W.M., Jefferson County Washington. Shown in Exhibits 2 and 4. 2. Mumby Road (originally Button Road) first appears on the County Road Log in 1949. The Subject Right -of -Way was established through historical usage as a county road under RCW 36.75.070 & 36.75.080. No deeds or dedications for this portion of the road have been found. 3. Principal Petitioner Burnell and Vitalich are owners of Tax Parcel 021-202-012 and represent a majority of property owners abutting the Subject Right -of -Way. A small portion of the Subject Right -of -Way along the southeastern boundary is on parcel 021- 202-001. However, that portion is a minority of the frontage along the Subject Right -of - Way. Therefore, a majority of the abutting property owners are included in the petition to vacate (see GIS mapping showing abutting properties to the Subject Right -of -Way Exhibit 13). 4. The proposed vacation seeks to improve privacy for the Petitioner by limiting public access to the Subject Right -of -Way, which functionally is a private driveway for the Petitioner's two properties. Mumby Rd, has been listed on the County Road Log since 1949 and historically has been maintained by Jefferson County. The Subject Right -of -Way has a primitive unimproved surface and is approximately 16 feet in average width. Mumby Road within the Subject Right -of -Way is 9-10 feet in width and is in fair to marginal condition showing some evidence of deferred maintenance such as minor potholes, it is currently in use and meets the definition (in JCC 12.10.020) of a "Class B" road, a road which is "dedicated to, deeded to, or otherwise established by the county for which 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." 6. The Subject Right -of -Way is a "dead end" without a fire code compliant turnaround and does not provide for overall area or neighborhood circulation for the general public. Access from the Subject Right -of -Way is only provided to parcels 021-202-012 & 021- 191-002 both of which are owned by the Petitioner. Upon vacation the Subject Right -of - Way would attach to parcels 021-120-012 and 021-202-001. There is not any anticipated future need for this right-of-way to serve the general public. Thus, it is not advisable to preserve the road for the county road system in the future. 7. 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 state law nor the County Code 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 Right -of -Way. 8. 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) has reviewed the proposed road vacation and any environmentally sensitive areas that might be affected by the road vacation, their report discusses these issues (Exhibit 21). 9, 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. Initial inquiries from East Jefferson Fire -Rescue (Exhibit 10) and Jeffcom 911 (Exhibit 11) raised concerns regarding emergency ingress/egress, tsunami evacuation routes, ability for emergency vehicles to turnaround and potential impacts to the addressing of nearby structures. Specifically, the Fire District noted a previous incident where an ambulance became stuck and sustained damage due to existing road conditions. Jefferson County Department of Public Works provided the fire district with the following clarification the proposed vacation is limited to the western terminus (184 feet x 16 feet); the Subject Right -of -Way serves only the petitioners' properties; access to existing residences at 421 and 564 Mumby Rd will remain unaffected; and approval of the vacation alone would not constitute a physical change in the roadway. Following these clarifications and being provided Exhibits 2 & 7, no further comments were received from Fire District #1, or JeffCom911. Consequently, the effectiveness of emergency services will not be impaired by this vacation. 10. The adjoining property owners of 421 Mumby Road expressed concerns that vacating the full 184 feet would create a hardship for delivery trucks needing to turn around when the entrance gate at their property is closed (Exhibit 19). This concern mirrors initial inquiries from East Jefferson Fire Rescue regarding the lack of a fire code -compliant turnaround. To address both private delivery and emergency vehicle access, a turnaround area is necessary. 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. No opposition from public or private utility companies or providers was received in response to the Notice of Petition to vacate the Subject Right -of -Way. Jefferson County PUD #1 has electrical lines within a portion of the Subject Right -of -Way (Exhibit 16) that appear to match the alignment for an easement for ingress, egress, access and utilities shown on the record of survey for a boundary line adjustment recorded under Jefferson County Auditor's File Number (AFN) 576843 (Exhibit 15). This easement is not referenced by AFN number on the record of survey and Jefferson County Public Works could not locate the recorded easement. Petitioner states he believes an easement was granted for the utility lines many years ago and has no opposition to granting a public utility easement if needed. Given the Petitioner's acknowledgment of the utility's presence, the presumption of existing rights based on long-term occupancy, and that only a small portion of the Subject Right -of -Way contains these utilities with the remainder being located on the petitioner's private property a formal new easement should not be required as a condition of this vacation. However, if deemed necessary and in compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), the Board of County Commissioners may require retention of 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 Subject Right -of -Way is limited the western terminus of Mumby Road and does not provide access to water or a beach further there are no Jefferson County Parks or plans for new parks or trails near the vicinity, thus given the lack of linkages the Subject Right -of -Way would not be an 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 is located near Kilisut Harbor, however it does not abut the water, no historical evidence was found that it ever abutted water and in 2011 a vacation for the then terminus of the road that was 184 feet further west than the current end of road was approved (Exhibit 17). Therefore, the Subject Right -of -Way 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. Vacation of the Subject Right -of -Way would not landlock any parcel. Parcels 021-202-012 and 021-202-002 will continue to have direct access from Mumby Rd. Parcel 021-202-001 currently has access through a driveway east of the Subject Right -of -Way that was developed following the 2011 vacation. 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 not acquire the Subject Right -of -Way through dedication. Therefore, if the vacation is approved, the Principal Petitioner shall be required to compensate the County for the full current fair market value of the property'. ■ Additional Payment for Class B roads or rights -of -way (part 1): "the principal petitioner(s) shall pay to the county an amount equal to the amount ofpublic expenditures made in improvement or maintenance of the road or rights -of -way (or a portion of any road or rights -of -way) that is the subject of the proposed vacation" It is not possible to determine what expenditures have been made regarding the subject right-of-way and no records of public expenditures were found. Any such expenditures are likely minor and occurred many years ago 1 Per JCC 12.10.120(3): Valuation Procedure. For all Class A and Class B vacation petitions, the principal petitioner(s) shall provide a fair market appraisal from an appraiser licensed by the state of Washington. Jefferson County shall have the right to review, accept or reject any appraisal and may do so with an internal report or an appraisal provided by a private state -licensed appraiser. If agreement on value is not reached after the county's appraisal, then Jefferson County may decline to vacate the right-of-way. If the county agrees to do so in writing, then the parties may select a mutually agreed upon neutral master appraiser, whose appraisal shall be final and binding upon the parties, and whose fee shall be paid for equally by both parties. based on the current road condition. Therefore, it is recommended no additional sums be collected under this provision. Additional Payment for Class B roads or rights -of -way (part 2): 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 2026 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 $1,422 which is the 2026 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 appears to meet all of the criteria outlined in Chapter 36.87 RCW and Chapter 12.10 JCC that would allow for the Subject Right of Way to be vacated. It is the opinion of the County Engineer that the subject rights -of -way should be vacated, contingent on the following conditions: w Petitioner granting an easement for a vehicle turnaround area consistent with Jefferson County road standards shown in Exhibit 24. A turnaround of this size would provide and enhance public safety and circulation for commercial deliveries and emergency vehicles. # No contrary testimony or new findings are presented at the hearing, and • Provided the Principal Petitioner pays all required compensation owed to the County for the vacated right-of-way (Base Payment) and administrative costs.