HomeMy WebLinkAboutHearing Examiner Recommendation re Mumby Road Vacation1
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS - 1
Stephanie Marshall, Attorney at Law
Jefferson County Hearing Examiner
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
IN RE
PETITION TO VACATE A PORTION OF
MUMBY ROAD, PROJECT NO. 9702601
JAMES BURNELL AND ANDREA
VITALICH, PRINCIPAL PETITIONERS
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION
TO JEFFERSON COUNTY BOARD OF
COMMISSIONERS
PUBLIC HEARING
The undersigned Hearing Examiner conducted a virtual (video conference with remote
access technology) open record public hearing on Friday, March 27, 2026, at 10:00 a.m. on a
petition to vacate the western terminus of Mumby Road, along its westerly 184-feet (the “Subject
Right-of-Way”). The proposed vacation area primarily abuts Parcel 021-202-012. Principal
Petitioners James Burnell and Andrea Vitalich are owners of record of Parcel 021-202-012,
which abuts the Subject Right-of-Way (street address of 624 Mumby Road).
The following exhibits comprise the record on the petition:
CA-01 Application and Petition
CA-02 Annotated Maps of Vacation Area
CA-03 Letter Detailing Vacation Request
CA-04 Supplemental Petition Materials
CA-05 Adjacent Property Owners Letters
CA-06 Adjacent Property Owners Map
CA-07 Neighborly Notification Letter
CA-08 Vacation Hearing Notice for Publication
CA-09 Agency and Provider Notification
CA-10 Email – EJF – Notification of Petition
CA-11 Email – JeffComm – Notification of Petition
CA-12 Email Jeffco Park & Rec – Notification of Petition
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CA-13 GIS Map – Parcel Line and Subject ROW Length
CA-14 Declaration of Posting
CA-15 Record of Survey - Boundary Line Adjustment AFN576843 - Easement
CA-16 JPUD GIS Screenshot Showing Electrical Line Alignment
CA-17 Previous Road Vacation Mumby Road 2011
CA-18 Email - Communication with Petitioner re Utility Easement and Appraisal
CA-19 Email - Captain, Thomas & Cynthia re Turnaround
CA-20 County Engineer’s Report
CA-21 Staff Report
CA-22 DCD Report
CA-23 Notification email to neighbor by petitioner re Turnarounds
CA-24 Annotated Jefferson County Rural Access Road Standards
CA-25 Email re RCW 36.87.130 public comment
CA-26 Email re Acknowledgment public comment
CA-27 Notice to adjacent property owners and agency utilities
CA-28 Supplemental Declaration of Public Works
CA-29 Parties of Record as of 032326
CA-30 Lumen Comment - No Reservation / No Objection
CA-31 Declaration of Posting
Documents may be viewed at: www.co.jefferson.wa.us – Services – Laserfiche Web portal
(username/password: public) – Board of Commissioners – Boards & Committees – Hearing
Examiner – 2026 – Mumby Road – James Burnell
FINDINGS OF FACT
After reviewing the record and hearing testimony, the Hearing Examiner makes the
following Findings of Fact:
1. On February 13, 2026, James S. Burnell and Andrea R. Vitalich (“Petitioner”)
submitted a Petition to Vacate a Jefferson County Right-of Way (“Petition”), along with
applicable petition fees, requesting vacation of the western 184 feet in length of Mumby Road
Right-of-Way to its terminus (“Subject Right-of-Way”). CA-01 (Petition); CA-02 (Annotated
Maps of Vacation Area); CA-04 (Supplemental Petition Materials). 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. CA-02;
CA-04; CA-20 (County Engineer Report).
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2. The Petition was submitted and has been reviewed in accordance with Chapter
12.10 Jefferson County Code (“JCC”) and RCW Chapter 36.87.
3. There was some discrepancy concerning the width of the Subject Right-of-Way
proposed to be vacated. The County Engineer submitted a Supplemental Declaration on March
20, 2026, noting that the Engineer's Report (CA-20) lists in finding #1 that the petitioners are
seeking to vacate the western terminus of Mumby Road Right of Way approximately 184 feet in
length and 16 feet in width, and in finding #5 that the Subject Right-of-Way has a primitive
unimproved surface and is approximately 16 feet in average width. This width determination was
made based on physical condition of the road as inspected on March 16, 2026. CA-28. Upon that
inspection, the Petitioner clarified he would like the full width of the Right-of-Way vacated to
match the County’s determination of width.
4. Thereafter, on March 19, 2026, Petitioner notified the County that he disputed the
road width determination and stated he had recently graded and cleared along the road, resulting
in a wider clear zone/shoulder abutting the Subject Right-of-Way. CA-28. Staff performed
additional research and confirmed that Road Logs from May 1, 1956 and March 18, 1970 both
show the road width as 10 feet. CA-28. However, Right-of-Way is not limited to the actual beaten
path (Attorney General Opinion No. 87-1959 (AGO 59-60)) and often includes shoulders,
drainage ditches and clear zone as necessary for safe public travel. CA-28.
5. Staff returned and further investigated the physical condition of the Subject Right-
of-Way, confirming Petitioner’s statement of recent clearing and grading. The recently cleared
areas were not compacted, and a fresh embankment was present. CA-28. The Supplemental
Declaration references CA-17, which shows that the County Engineer found, with respect to the
previous vacation completed in 2011, that “the portion of county road proposed for vacation is a
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12-foot wide graveled road way...” CA-28. This is consistent with the roadway just east of the
Subject Right-of-Way. Therefore, staff revised the width determination of the Subject Right-of-
Way to be consistent with the previous vacation at 12 feet in width. CA-28.
6. Petitioner is the owner of Tax Parcel 021-202-012 and represents a majority of
property owners abutting the Subject Right-of-Way. CA-01; CA-10; CA-13 (GIS map). A small
portion of the Subject Right-of-Way along the southeastern boundary is on Parcel 021-202-001.
CA-20. However, that portion is a minority of the frontage along the Subject Right-of-Way. CA-
20. Therefore, a majority of the abutting property owners are included in the Petition to vacate.
See CA-13 (GIS mapping showing abutting properties to the Subject Right-of-Way).
7. The Subject Right-of-Way serves two properties, 622 and 624 Mumby Road, both
of which are owned by Petitioner. CA-10; CA-20. The property addressed as 421 Mumby Road
will be at the new terminus of Mumby Road if the Petition is granted. CA-10. Granting the
Petition will not change physical characteristics of the Subject Right-of-Way; it will only impact
ownership and maintenance responsibilities. CA-10.
8. The proposed vacation seeks to improve privacy for Petitioner by limiting public
access to the Subject Right-of-Way, which functionally is a private driveway for Petitioner's two
properties. CA-01; CA-20.
9. Petitioner Burnell sent an undated letter to Jefferson County Public Works prior
to filing the Petition in which he stated that they wished to vacate an additional approximately
184 ft x 12 ft portion (2, 208 square feet) portion of Mumby Road to its western terminus. CA-
03. He stated that this is approximately the same size as the portion of Mumby Road that was
vacated July 8, 2011, under Resolution #25-11 and recorded at auditor’s file #560890. This
proposed vacation would go easterly to the western edge of the driveway to Parcel 021-202-001;
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the vacated portion would not block that access. Mr. Burnell stated that the subject portion of the
right-of-way only provides access to their property and would have been included in their 2011
petition to vacate but a driveway to that southern lot 021202001) had not yet been established.
That driveway has since been developed. CA-03.
10. In emails dated February 20-21, 2026, Petitioner Burnell provided a courtesy
notice to two adjacent property owners regarding his Petition. CA-07. Mr. Burnell explained:
This email is meant to provide courtesy notice that I recently met with Joshua
Thornton and will be commencing the vacating of an additional 184 feet at the end
of Mumby road which lies entirely on my property. This portion of the road only
serves 622 and 624 Mumby Rd and ends west of the entrance to 421 Mumby Rd
(Captain). This will provide more privacy for my properties and specifically
prevent multiple vehicles turning around directly north of 421 at my current merge
with the chain. This will also prevent vehicles that are directed to the Vacasa at
564 Mumby Rd (Dunn) from coming all the way down to my house at any given
time day or night. I anticipate this process to go quite smooth and relatively quickly
as it enhances the neighborhood and doesn't affect circulation within the properties.
There will also remain ample room for lost vehicles to turn around on a spur road
on my property just east of the entrance to 421. Mr. Thornton and I also discussed
putting back a sign potentially right at the intersection of Mumby Rd and the
driveway feeding 546 with a county "No Turn Around Past Here". This sign used
to exist until recently right near all our mailboxes.
11. In accordance with JCC 12.10.050, Joshua Thornton, Real Property Specialist
with the Jefferson County Public Works Department, emailed notice of the Petition and public
hearing, including a request for comments on the proposed vacation to Adjacent Property Owners
(“APOs”) within 300 feet of the Subject Right-of-Way to be vacated on February 24, 2025. CA-
05; CA-06 (illustrating 300-foot buffer from the Subject Right-of-Way); CA-27. On February
25, 2026, additional notices were sent via U.S. Mail to property owners within 300 feet where
email addresses were not available. CA-21; CA-27.
12. Mr. Thornton posted both ends of the Subject Right-of-Way with public notice
boards in accordance with RCW 36.87.050 and JCC 12.10.050. CA-14; CA-31. He arranged for
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notice of the public hearing for the Petition to be published in the Port Townsend Leader the
weeks of March 11, 2026 and March 18, 2026. CA-08. Parties of record are listed in CA-30.
13. Mr. Thornton sent notifications of the Petition to agencies and providers. CA-09;
CA-27. Initial inquiries from East Jefferson Fire-Rescue and Jeffcom 911 raised concerns
regarding emergency ingress/egress, tsunami evacuation routes, and potential impacts to the
addressing of nearby structures. CA-10; CA-11. The Fire District noted a previous incident where
an ambulance became stuck and sustained damage due to existing road conditions. CA-10.
Following clarification that the proposed vacation is limited to the western 184 feet to the
terminus of the road, that it only serves the Petitioner’s properties, that it would not constitute a
physical change in the roadway, and that access to existing residences at 421 and 564 Mumby
Road will remain unaffected (CA-10), these concerns were resolved. See CA-20.
14. 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. CA-19. This concern mirrors the 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, the County Engineer determined
that a turnaround area is necessary and should be a condition of approval. CA-20.
15. One member of the public, Rita Kepner, submitted a comment stating that she
objected to the proposed vacation because it would close a road abutting Kilisut Harbor. CA-25.
The County Engineer determined that the road does not abut Kilisut Harbor. CA-20.
16. In a March 4, 2026 email to Mr. Thornton, Mr. Burnell stated that his intent is to
let the County use the easterly spur road that goes north onto Petitioner’s property. This area can
be used for heavy equipment turning around, including fire engines, without any disruption to
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the southern property (421 Mumby Road), specifically the pavers at the entrance of their
driveway. CA-23. He stated that he already moved the log northward to accommodate and was
more than happy to grant an easement to the County of the proper size needed. CA-23.
17. The Jefferson County Parks and Recreation Advisory Board (“JCPRAB”) did not
have any concerns with the Petition. CA-12. The Subject Right-of-Way is not near a park or trail
and does not connect to water. CA-12.
18. A Staff Report, dated February 27, 2025, was prepared by Mr. Thornton and
submitted to the Hearing Examiner. CA-21.
19. The County Engineer, Monte Reinders, examined the subject right-of-way and
prepared a report dated March 16, 2026 (supplemented on March 20, 2026 (CA-28)), rendering
an opinion on the required factors that must be considered in determining whether the subject
road should be vacated. CA-20. The report states that Mumby Road has been listed on the County
Road Log since 1949 and historically has been maintained by Jefferson County. CA-20. The
Subject Right-of-Way has a primitive unimproved surface and is approximately 16 feet in
average width. CA-20. 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,
which is a road “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.” CA-20.
20. The County Engineer stated that the Subject Right-of-Way is a “dead end,”
without a fire code compliant turnaround and does not provide for overall area or neighborhood
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circulation for the general public. CA-20. Access from the Subject Right-of-Way is only provided
to parcels 021-202-012 and 021-191-002, both of which are owned by Petitioner. CA-20. Upon
vacation, the Subject Right-of-Way would attach to parcels 021-120-012 and 021-202-001. CA-
20. There is not any anticipated future need for this right-of-way to serve the general public. CA-
20. A new connection between the terminus of Fort Gate Road and Mumby Road is not feasible
because Fort Gate Road is private beyond Parcel 021202037. CA-10. He determined it is not
advisable to preserve the road for the county road system in the future. CA-20.
21. RCW 36. 87.040 and JCC 12.10.050(2)(e) require 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. CA-20.
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22. 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 the proposed road vacation and any environmentally sensitive areas that might
be affected by the road vacation. DCD issued a report dated March 13, 2026, prepared by
Associate Planner Lila Stanfield, addressing these issues and the requirements of JCC
12.10.110(1) and (2). CA-22. The DCD Report states that DCD supports the proposal, does not
recommend any land use conditions of approval, and notes that the applicable zoning and
Comprehensive Plan designations are Rural Residential, one dwelling per five acres (RR 1:5).
CA-22. The Subject Right-of-Way is eligible for vacation under these criteria. CA-20.
23. 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. As
discussed above in Finding 13, initial inquiries from East Jefferson Fire-Rescue (CA-10) and
Jeffcom 911 (CA-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. These concerns were addressed by Jefferson County Department of Public
Works and no further comments were received from Fire District #1, or JeffCom911. CA-20.
Consequently, the County Engineer determined that the effectiveness of emergency services will
not be impaired by this vacation, provided a turnaround area is provided. CA-20. If approved
with proposed conditions, the vacation will be consistent with JCC 12.10.110(3). CA-20.
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24. 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 (CA-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. CA-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. CA-20.
25. In a letter dated March 16, 2026, QWEST CORPORATION, D/B/A
CENTURYLINK QC (“CenturyLink”) stated that it reviewed the request for the subject vacation
and determined that it has no objections with respect to the areas proposed for vacation. CA-30.
The letter states, “It is the intent and understanding of CenturyLink that this Vacation shall not
reduce our rights to any other existing easement or rights we have on this site or in the area. This
vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are
found and/or damaged within the vacated area as described, the Applicant will bear the cost of
relocation and repair of said facilities.” CA-30. For the reasons set forth in Findings 24 and 25
herein, the Subject Right-of-Way is eligible for vacation under this criterion. CA-20.
26. 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. CA-18. 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
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easement need 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.
27. 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. CA-20. Further, there are no
Jefferson County Parks or plans for new parks or trails near the vicinity CA-12. Given the lack
of linkages, the Subject Right-of-Way would not be an prime candidate for a public trail. CA-20.
Therefore, the Subject Right -of-Way is eligible for vacation under this criterion. CA-20.
28. 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. CA-17.
Therefore, the Subject Right-of-Way is eligible for vacation under this criterion. CA-20.
29. JCC 12.10.110(7) states that a road vacation should not landlock any parcel or
property. Vacation of the Subject Right-of-Way will not landlock any parcel. CA-20. Parcels
021-202-012 and 021-202-002 will continue to have direct access from Mumby Road. CA-20.
Parcel 021-202-001 currently has access through a driveway east of the Subject Right-of-Way
that was developed following the 2011 vacation. CA-20; CA-17. Therefore, the Subject Right -
of-Way is eligible for vacation under this criterion. CA-20.
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30. 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 1 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.”
• Additional Payment for Class B roads or rights of way (part 1): The principal
petitioners shall pay to the county an amount equal to the amount of public
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.
• 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.
31. The County did not acquire the Subject Right-of-Way through dedication.
Therefore, if the Board accepts the Hearing Examiner’s recommendation and approves the road
vacation, the Principal Petitioner shall be required to compensate the County for the full current
fair market value of the property. CA-20.
32. Petitioner has not submitted an appraisal. JCC 12.10.120(3) Valuation Procedure
states, “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
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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.” CA-20.
33. The County Engineer found that 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. CA-20. Any such expenditures are likely minor and occurred many years ago based on
the current road condition. Therefore, it is recommended no additional sums be collected under
this provision. CA-20.
34. The Petitioner must pay the administrative costs incurred by the County in the
road vacation process, whether the vacation is ultimately approved or not. These 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. As of the date
of the County Engineer’s Report on March 16, 2026, 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. CA-20. With compliance with the proposed
conditions of approval in this Recommendation, the right-of-way is eligible for vacation under
JCC 12.10.120.
35. The County Engineer concluded that the proposal appears to meet all of the
criteria in Chapter 36.87 RCW and Chapter 12.10 JCC required for approval of vacation of a
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portion of the subject right-of-way. The County Engineer expressed an opinion that the right-of-
way should be vacated, provided that no contrary testimony or new findings are presented at the
hearing, and provided that the Principal Petitioner pays all required compensation owed to the
County for the vacated right-of-way and administrative process. CA-20.
36. No testimony or new findings contrary to the County Engineer’s opinion were
presented at the public hearing.
37. The Petitioner has the burden of proof and must establish that the proposed road
vacation meets all applicable criteria of JCC Chapter 12.10 and RCW Chapter 36.87. The
Petitioner must meet their burden of proof with substantial evidence.
38. The Subject Right-of-Way has not been statutorily vacated.
39. In accordance with RCW 36.87.060 and JCC 12.10.080, the Hearing Examiner
held a public hearing on the Petition for road vacation, allowing for public comment on the
proposed road vacation, although no public comment was offered. The Examiner reviewed the
road vacation petition, the written staff report, and the criteria contained in JCC 12.10.110, and
presided over a public hearing at which public testimony could have been offered in support of
or in opposition to the proposed road vacation.
40. At the public hearing, Joshua Thornton, Jefferson County Real Property Specialist,
provided testimony reviewing the Staff Report, presenting the circumstances for which proposed
road vacation is intended to address and an overview of the County Engineer’s report. Mr.
Thornton testified regarding notice provided, via posting, emailing, mailing and publication.
41. Mr. Thornton addressed the supplemental declaration (CA-28) in which the width
of the Subject Right-of-Way was revised from 16-feet in width to 12-feet in width. He also
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addressed the prior road vacation in 2011 in which Petitioner obtained a partial vacation of a
segment of Mumby Road. The road was not deeded or platted.
42. Mr. Thornton addressed the concerns raised concerning the proposed vacation
summarized above and set forth in exhibits CA-10, CA-11 and CA-24. He noted that Mumby
Road never reached the water in Kilsut Harbor.
43. Petitioners James Burnell and Andrea Vitalich testified at the public hearing and
stated that Mr. Thornton provided a good summary of the proposal and review to date. They
stated that they have owned the property for 66 years. Mr. Burnell addressed the turnaround issue
and said they will provide a 30x20 foot wide easement. He also stated that one of the reasons
they are requesting the road vacation is because people following Google maps to get to the short-
term vacation rental at 564 Mumby get confused and end up on their property. Mr. Burnell
testified that vacation of the Subject Right-of-Way will result in the County not essentially
maintaining his driveway any longer. He commented that the vacation will improve access and
circulation with a formalized easement. Petitioners stated they had reviewed the proposed
conditions of approval and did not have any questions or comments.
CONCLUSIONS OF LAW
1. Pursuant to 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.
2. The Petition has been reviewed by the Hearing Examiner in accordance with
RCW 36.87.060 and JCC 12.10.080.
3. The Petition includes all information required for a petition to vacate in JCC
Chapter 12.10 and RCW Chapter 36.87.
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4. 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 consistent
with state and local requirements.
5. The Petition is consistent with all review criteria set forth in JCC 12.10.110.
6. Approval of the Petition will be consistent with JCC 12.10.120 and RCW
36.87.120.
7. The Board of County Commissioners has authority to weigh the evidence and
determine whether, under RCW 36.87.040 and JCC 12.10.050(2)(e), the public will benefit from
the proposed road vacation.
8. The proposal is based on reasons that legally support a determination of public
benefit. Substantial evidence in the record supports a conclusion that there is no public need for
the portion of the right-of-way proposed to be vacated on the basis of circulation, trails or utilities.
Benefits to the public and County that may result from approval of the road vacation 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.
9. Petitioners have met their burden of proof and have established with substantial
evidence that the proposed road vacation meets all applicable criteria of JCC Chapter 12.10 and
RCW Chapter 36.87.
10. The proposed road vacation is exempt from review under the State Environmental
Policy Act, RCW Chapter 43.21C, per WAC 197-11-800(2)(i).
11. The Hearing Examiner makes this Recommendation to the Jefferson County
Board of Commissioners, consistent with JCC 12.10.080 and 12.10.130.
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RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Examiner
recommends that the Jefferson County Board of Commissioners APPROVE the Petition for
Vacation submitted by Petitioners James Burnell and Andrea Vitalich, Project No. 9702601,
subject to the following proposed CONDITIONS OF APPROVAL:
1. Petitioner shall grant an easement to Jefferson County for a vehicle turnaround
area consistent with Jefferson County road standards shown in CA-24. A turnaround is required
to provide and enhance public safety and circulation for commercial deliveries and emergency
vehicles.
2. Petitioner shall pay administrative costs and all required compensation for the
vacated right-of-way (Base Payment) in the amount of the full current fair market value of the
portion of the road to be vacated (Base Payment) into the Jefferson County road fund subsequent
to the Board of County Commissioners’ approval of the road vacation and prior to the signing of
the vacation resolution.
3. Petitioner shall pay any additional compensation and all other amounts and fees
due and owing to the County to reimburse the County for administrative costs and staff time
incurred by Jefferson County in the road vacation process, if the Board of County Commissioners
determines that the County incurred additional costs in processing the Petition for Vacation
beyond the amount of One Thousand Four Hundred Twenty-Two and no/100 Dollars ($1,422)
which has been paid by Petitioner. This additional compensation, other amounts and fees, shall
be paid by Petitioner within one (1) year of approval of the request by the Board of County
Commissioners. If any sums owed the County are not paid and/or conditions of approval are not
met within one (1) year of the Board of County Commissioners’ approval of the vacation request
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as reflected in the approving resolution, then approval may be rescinded upon notice by mail to
the Petitioner.
4. If the Board of County Commissioners determines it to be necessary, and in
compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), it may condition approval of the road
vacation on the retention of an easement within the vacated area for the construction, repair, and
maintenance of public utilities and services. JCC 12.10.090(2).
5. Approval of the requested road vacation shall not be deemed to diminish or
otherwise affect easement and/or other rights of CenturyLink within the vacated right-of-way. If
Petitioner damages any CenturyLink facilities within the vacated right-of-way, Petitioner shall
be responsible to CenturyLink for the reasonable cost of relocation and/or repair of such facilities.
6. 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
responsibility of the Petitioner.
Dated this 1st day of April, 2026.
STEPHANIE MARSHALL, Attorney at Law
Jefferson County Hearing Examiner