HomeMy WebLinkAboutCONSENT RESOLUTION Hearing Examiner report Department of Public Works
Consent Agenda
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Jefferson County
Board of Commissioners
Consent Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: April 20,2026
Subject: A Resolution adopting Hearing Examiner report and
recommendations, and expressing Board's intent to vacate a portion
of Mumby Rd, subject to Petitioners meeting certain conditions
Statement of Issue:
The Board is asked to consider and adopt the Hearing Examiner's Findings, Conclusions, and
Recommendation dated April 1, 2026, and approve a Resolution expressing the Board's intent to
vacate a portion of Mumby Road, subject to Petitioners meeting all required conditions.
Analysis:
A public hearing on the road vacation petition was conducted before a Jefferson County Hearing
Examiner on March 27, 2026. Based upon the recommendations contained in the County
Engineer's report and comments received from departments, agencies, and individuals, the
Hearing Examiner recommended that the road vacation be approved subject to Petitioners
meeting the following conditions:
• Pay all required compensation owed to the County for the vacated right-of-way and
administrative process.
• Petitioner granting a turnaround easement consistent with County road standards
The Board may impose a requirement for a utility easement as a condition of this vacation
however the hearing examiner did not recommend one be retained and Public Works has
evaluated existing utilities in the area and determined that no additional utility easement is
required for the proposed vacation.
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.
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.
Department of Public Works
Consent Agenda
Page 2 of 2
Fiscal Impact:
If approved, Petitioners will be responsible for all administrative fees and expenses incurred
beyond those included in the application fee, as well as $2,900 in compensation representing the
full current fair market value of the right-of-way.
Recommendation:
Department of Public Works recommends that the Board adopt the Hearing Examiner's Report
and approve the vacation of a portion of Mumby Road right-of-way subject to Petitioners
meeting the Hearing Examiner's recommended approval conditions.
Public Works recommends that the Board sign the attached Intent to Vacate Resolution which
commits the Board to later adopt a final Resolution formally vacating a portion of Mumby Road
right-of-way once all required conditions have been met within one year.
Department Contact:
Joshua Thornton, Real Property Specialist, 385-9162
Reviewed By:
Pri-461 DCeileit‘? ( Cl?‘
Josli_Pkters, County Administrator Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Jefferson County's
Intent to Vacate a Portion of Mumby Road RESOLUTION NO.
Right-of-Way
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 James Burnell&Andrea Vitalich("Petitioner")to vacate the western terminus of Mumby Rd right
of way (approximately 184 feet in length and 12 feet in width) abutting parcel 021-202-012 owned
by the petitioner and located in the Southwest quarter of the Northwest quarter of Section 20,
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 March 27,2026; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony from the
Petitioners and Public Works staff;reports from the Department of Community Development and the
County Engineer; comments submitted by emergency service providers; and written comments
including a response from Lumen Technologies d/b/a Qwest/CenturyLink QC;and
WHEREAS,the Hearing Examiner evaluated all testimony,reports, and written comments,
including concerns raised by neighboring property owners,and concluded that the applicable criteria
of JCC Chapter 12.10 and RCW Chapter 36.87 were met; and
WHEREAS,the Jefferson County Hearing Examiner has issued a report dated April 1,2026
("Hearing Examiner Report"),containing findings,conclusions,and a recommendation that the Board
approve the road vacation subject to the Petitioner granting a turnaround easement consistent with
County road standards,paying all required compensation for the vacated right-of-way,and paying all
administrative costs associated with the vacation process;and
WHEREAS, the Hearing Examiner did not recommend a required easement for the
construction,maintenance, or repair of public utilities,but noted that the Board may impose such an
easement if it determines one to be necessary; and
WHEREAS, Public Works has determined that existing utilities within the subject area
appear to be located pursuant to longstanding use and existing easement rights,and that these utilities
will remain accessible after vacation; therefore, no additional utility easement is needed within the
vacated area; and
WHEREAS,compensation owed to the County for the vacated right-of-way includes$2,900,
representing the full current fair market value as of the petition date, 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 right-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 Petitioner fails 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 Petitioner 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; and
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 Jefferson County Board of County Commissioners hereby adopts the
Hearing Examiner's findings, conclusions and recommendations as reflected in the Hearing
Examiner's Report dated April 1, 2026.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or section 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
Environmental Policy Act under WAC 197-11-800 (19).
Section 5. Effective Date. This Resolution shall take effect and be in full force immediately upon
passage by the Jefferson County Board of County Commissioners.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
ADOPTED and APPROVED this day of April,2026.
SEAL: JEFFERSON COUNTY BOARD OF COUNTY
COMMISSIONERS
Heather Dudley-Nollette, District 1
Heidi Eisenhour, District 2
Greg Brotherton, District 3
ATTEST: APPROVED AS TO FORM:
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
1 Stephanie Marshall,Attorney at Law
Jefferson County Hearing Examiner
2
3
4
5
6 OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
8 IN RE
FINDINGS OF FACT,CONCLUSIONS
9 PETITION TO VACATE A PORTION OF OF LAW AND RECOMMENDATION
MUMBY ROAD,PROJECT NO. 9702601 TO JEFFERSON COUNTY BOARD OF
10 JAMES BURNELL AND ANDREA COMMISSIONERS
11 VITALICH,PRINCIPAL PETITIONERS
12 PUBLIC HEARING
13 The undersigned Hearing Examiner conducted a virtual (video conference with remote
14
access technology) open record public hearing on Friday, March 27, 2026, at 10:00 a.m. on a
15
petition to vacate the western terminus of Mumby Road,along its westerly 184-feet(the"Subject
16
17 Right-of-Way"). The proposed vacation area primarily abuts Parcel 021-202-012. Principal
18 Petitioners James Burnell and Andrea Vitalich are owners of record of Parcel 021-202-012,
19 which abuts the Subject Right-of-Way(street address of 624 Mumby Road).
20
The following exhibits comprise the record on the petition:
21
CA-01 Application and Petition
22 CA-02 Annotated Maps of Vacation Area
23 CA-03 Letter Detailing Vacation Request
CA-04 Supplemental Petition Materials
24 CA-05 Adjacent Property Owners Letters
CA-06 Adjacent Property Owners Map
25 CA-07 Neighborly Notification Letter
26 CA-08 Vacation Hearing Notice for Publication
CA-09 Agency and Provider Notification
27 CA-10 Email—EJF—Notification of Petition
CA-11 Email—JeffComm—Notification of Petition
28 CA-12 Email Jeffco Park&Rec—Notification of Petition
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 1
1 CA-13 GIS Map—Parcel Line and Subject ROW Length
CA-14 Declaration of Posting
2 CA-15 Record of Survey - Boundary Line Adjustment AFN576843 - Easement
3 CA-16 JPUD GIS Screenshot Showing Electrical Line Alignment
CA-17 Previous Road Vacation Mumby Road 2011
4 CA-18 Email - Communication with Petitioner re Utility Easement and Appraisal
CA-19 Email -Captain, Thomas& Cynthia re Turnaround
5 CA-20 County Engineer's Report
6 CA-21 Staff Report
CA-22 DCD Report
7 CA-23 Notification email to neighbor by petitioner re Turnarounds
CA-24 Annotated Jefferson County Rural Access Road Standards
8 CA-25 Email re RCW 36.87.130 public comment
9 CA-26 Email re Acknowledgment public comment
CA-27 Notice to adjacent property owners and agency utilities
10 CA-28 Supplemental Declaration of Public Works
CA-29 Parties of Record as of 032326
1 CA-30 Lumen Comment-No Reservation/No Objection
12 CA-31 Declaration of Posting
13 Documents may be viewed at: www.cojefferson.wa.us — Services — Laserfiche Web portal
(username/password: public) — Board of Commissioners — Boards & Committees — Hearing
14 Examiner—2026—Mumby Road—James Burnell
15
FINDINGS OF FACT
16
17 After reviewing the record and hearing testimony, the Hearing Examiner makes the
18 following Findings of Fact:
19 1. On February 13, 2026, James S. Burnell and Andrea R. Vitalich ("Petitioner")
20 submitted a Petition to Vacate a Jefferson County Right-of Way ("Petition"), along with
21
applicable petition fees, requesting vacation of the western 184 feet in length of Mumby Road
22
Right-of-Way to its terminus ("Subject Right-of-Way"). CA-01 (Petition); CA-02 (Annotated
23
24 Maps of Vacation Area); CA-04 (Supplemental Petition Materials). The Subject Right-of-Way
25 is primarily located on parcel 021-202-012 in the Southwest quarter of the Northwest quarter of
26 Section 20, Township 30 North, Range 1 East, W.M., Jefferson County Washington. CA-02;
27
CA-04; CA-20 (County Engineer Report).
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-2
t 2. The Petition was submitted and has been reviewed in accordance with Chapter
2 12.10 Jefferson County Code ("JCC")and RCW Chapter 36.87.
3
3. There was some discrepancy concerning the width of the Subject Right-of-Way
4
5 proposed to be vacated. The County Engineer submitted a Supplemental Declaration on March
6 20, 2026, noting that the Engineer's Report (CA-20) lists in finding #1 that the petitioners are
7 seeking to vacate the western terminus of Mumby Road Right of Way approximately 184 feet in
8 length and 16 feet in width, and in finding #5 that the Subject Right-of-Way has a primitive
9
unimproved surface and is approximately 16feet in average width. This width determination was
10
tl
made based on physical condition of the road as inspected on March 16, 2026. CA-28. Upon that
12 inspection, the Petitioner clarified he would like the full width of the Right-of-Way vacated to
13 match the County's determination of width.
14 4. Thereafter, on March 19, 2026,Petitioner notified the County that he disputed the
15
road width determination and stated he had recently graded and cleared along the road, resulting
16
in a wider clear zone/shoulder abutting the Subject Right-of-Way. CA-28. Staff performed
17
18 additional research and confirmed that Road Logs from May 1, 1956 and March 18, 1970 both
19 show the road width as 10 feet.CA-28.However,Right-of-Way is not limited to the actual beaten
20 path (Attorney General Opinion No. 87-1959 (AGO 59-60)) and often includes shoulders,
21
drainage ditches and clear zone as necessary for safe public travel. CA-28.
22
23 5. Staff returned and further investigated the physical condition of the Subject Right-
24 of-Way, confirming Petitioner's statement of recent clearing and grading. The recently cleared
25 areas were not compacted, and a fresh embankment was present. CA-28. The Supplemental
26 Declaration references CA-17,which shows that the County Engineer found, with respect to the
27
previous vacation completed in 2011, that"the portion of county road proposed for vacation is a
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-3
1 12-foot wide graveled road way..." CA-28. This is consistent with the roadway just east of the
2 Subject Right-of-Way. Therefore, staff revised the width determination of the Subject Right-of-
3
Way to be consistent with the previous vacation at 12 feet in width. CA-28.
4
5 6. Petitioner is the owner of Tax Parcel 021-202-012 and represents a majority of
6 property owners abutting the Subject Right-of-Way. CA-01; CA-l0; CA-13 (GIS map). A small
7 portion of the Subject Right-of-Way along the southeastern boundary is on Parcel 021-202-001.
8 CA-20.However,that portion is a minority of the frontage along the Subject Right-of-Way. CA-
9
20. Therefore, a majority of the abutting property owners are included in the Petition to vacate.
10
11 See CA-13 (GIS mapping showing abutting properties to the Subject Right-of-Way).
12 7. The Subject Right-of-Way serves two properties,622 and 624 Mumby Road,both
13 of which are owned by Petitioner. CA-10; CA-20. The property addressed as 421 Mumby Road
14 will be at the new terminus of Mumby Road if the Petition is granted. CA-10. Granting the
15
Petition will not change physical characteristics of the Subject Right-of-Way; it will only impact
16
ownership and maintenance responsibilities. CA-10.
17
18 8. The proposed vacation seeks to improve privacy for Petitioner by limiting public
19 access to the Subject Right-of-Way,which functionally is a private driveway for Petitioner's two
20 properties. CA-0l; CA-20.
21
9. Petitioner Burnell sent an undated letter to Jefferson County Public Works prior
22
to filing the Petition in which he stated that they wished to vacate an additional approximately
23
24 184 ft x 12 ft portion (2, 208 square feet) portion of Mumby Road to its western terminus. CA-
25 03. He stated that this is approximately the same size as the portion of Mumby Road that was
26 vacated July 8, 2011, under Resolution #25-11 and recorded at auditor's file #560890. This
27
proposed vacation would go easterly to the western edge of the driveway to Parcel 021-202-001;
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-4
1 the vacated portion would not block that access. Mr. Burnell stated that the subject portion of the
2 right-of-way only provides access to their property and would have been included in their 2011
3
petition to vacate but a driveway to that southern lot 021202001) had not yet been established.
4
5 That driveway has since been developed. CA-03.
6 10. In emails dated February 20-21, 2026, Petitioner Burnell provided a courtesy
7 notice to two adjacent property owners regarding his Petition. CA-07. Mr. Burnell explained:
8 This email is meant to provide courtesy notice that I recently met with Joshua
9 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
10 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
11 prevent multiple vehicles turning around directly north of 421 at my current merge
12 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
13 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.
14 There will also remain ample room for lost vehicles to turn around on a spur road
15 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
16 driveway feeding 546 with a county "No Turn Around Past Here". This sign used
to exist until recently right near all our mailboxes.
17
18 11. In accordance with JCC 12.10.050, Joshua Thornton, Real Property Specialist
19 with the Jefferson County Public Works Department, emailed notice of the Petition and public
20 hearing, including a request for comments on the proposed vacation to Adjacent Property Owners
21
("APOs")within 300 feet of the Subject Right-of-Way to be vacated on February 24, 2025. CA-
22
05; CA-06 (illustrating 300-foot buffer from the Subject Right-of-Way); CA-27. On February
23
24 25, 2026, additional notices were sent via U.S. Mail to property owners within 300 feet where
25 email addresses were not available. CA-21; CA-27.
26 12. Mr. Thornton posted both ends of the Subject Right-of-Way with public notice
27
boards in accordance with RCW 36.87.050 and JCC 12.10.050. CA-14; CA-31. He arranged for
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-5
I notice of the public hearing for the Petition to be published in the Port Townsend Leader the
2 weeks of March 11, 2026 and March 18, 2026. CA-08. Parties of record are listed in CA-30.
3
13. Mr. Thornton sent notifications of the Petition to agencies and providers. CA-09;
4
5 CA-27. Initial inquiries from East Jefferson Fire-Rescue and Jeffcom 911 raised concerns
6 regarding emergency ingress/egress, tsunami evacuation routes, and potential impacts to the
7 addressing of nearby structures.CA-10;CA-11.The Fire District noted a previous incident where
8 an ambulance became stuck and sustained damage due to existing road conditions. CA-10.
9
Following clarification that the proposed vacation is limited to the western 184 feet to the
10
t terminus of the road, that it only serves the Petitioner's properties, that it would not constitute a
12 physical change in the roadway, and that access to existing residences at 421 and 564 Mumby
13 Road will remain unaffected (CA-10), these concerns were resolved. See CA-20.
14 14. The adjoining property owners of 421 Mumby Road expressed concerns that
15
vacating the full 184 feet would create a hardship for delivery trucks needing to turn around when
16
17 the entrance gate at their property is closed. CA-19. This concern mirrors the initial inquiries
18 from East Jefferson Fire-Rescue regarding the lack of a fire code-compliant turnaround. To
19 address both private delivery and emergency vehicle access, the County Engineer determined
20 that a turnaround area is necessary and should be a condition of approval. CA-20.
21
15. One member of the public, Rita Kepner, submitted a comment stating that she
22
objected to the proposed vacation because it would close a road abutting Kilisut Harbor. CA-25.
23
24 The County Engineer determined that the road does not abut Kilisut Harbor. CA-20.
25 16. In a March 4, 2026 email to Mr. Thornton, Mr. Burnell stated that his intent is to
26 let the County use the easterly spur road that goes north onto Petitioner's property. This area can
27
be used for heavy equipment turning around, including fire engines, without any disruption to
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-6
I the southern property (421 Mumby Road), specifically the pavers at the entrance of their
2 driveway. CA-23. He stated that he already moved the log northward to accommodate and was
3
more than happy to grant an easement to the County of the proper size needed. CA-23.
4
5 17. The Jefferson County Parks and Recreation Advisory Board("JCPRAB")did not
6 have any concerns with the Petition. CA-12. The Subject Right-of-Way is not near a park or trail
7 and does not connect to water. CA-12.
8 18. A Staff Report, dated February 27, 2025, was prepared by Mr. Thornton and
9
submitted to the Hearing Examiner. CA-21.
10
11 19. The County Engineer, Monte Reinders, examined the subject right-of-way and
12 prepared a report dated March 16, 2026 (supplemented on March 20, 2026 (CA-28)), rendering
13 an opinion on the required factors that must be considered in determining whether the subject
14 road should be vacated.CA-20.The report states that Mumby Road has been listed on the County
15
Road Log since 1949 and historically has been maintained by Jefferson County. CA-20. The
16
17 Subject Right-of-Way has a primitive unimproved surface and is approximately 16 feet in
18 average width. CA-20.Mumby Road within the Subject Right-of-Way is 9-10 feet in width and
19 is in fair to marginal condition showing some evidence of deferred maintenance such as minor
20 potholes, it is currently in use and meets the definition (in JCC 12.10.020) of a"Class B" road,
21
which is a road"dedicated to,deeded to,or otherwise established by the county for which public
22
23 expenditures have been made in the acquisition, improvement, or maintenance of same except
24 those roads platted prior to March 12, 1904,which remained unopened for public use for a period
25 of five years after authority was granted for opening them."CA-20.
26 20. The County Engineer stated that the Subject Right-of-Way is a "dead end,"
27
without a fire code compliant turnaround and does not provide for overall area or neighborhood
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-7
I circulation for the general public.CA-20.Access from the Subject Right-of-Way is only provided
2 to parcels 021-202-012 and 021-191-002, both of which are owned by Petitioner. CA-20. Upon
3
vacation,the Subject Right-of-Way would attach to parcels 021-120-012 and 021-202-001. CA-
4
5 20. There is not any anticipated future need for this right-of-way to serve the general public. CA-
6 20. A new connection between the terminus of Fort Gate Road and Mumby Road is not feasible
7 because Fort Gate Road is private beyond Parcel 021202037. CA-10. He determined it is not
8 advisable to preserve the road for the county road system in the future. CA-20.
9
21. RCW 36. 87.040 and JCC 12.10.050(2)(e)require the County Engineer to give an
10
11 opinion as to whether the public will benefit by the vacation; however, neither state law nor the
12 County Code provide guidance as to what might be considered a"public benefit"when vacating
13 a public right-of-way. The legislative body is held to be the proper entity to weigh public benefit,
14 and there is a presumption that an ordinance approving a street vacation was validly enacted for
15
a public purpose(London v. Seattle, 93 Wn.2d 657 1980)). In the absence of any need for a road
16
17 right-of-way for the benefit of the general public (circulation,trails, utilities, etc.),typically any
18 benefit would accrue to the property owners with frontage on the vacated right-of-way. These
19 benefits might include additional building space, room for septic systems,green -belt buffer,the
20 ability to keep the public from trespassing on their property, or other benefits. Benefits to the
21
public and County could include reduced road maintenance costs,reduced liability for managing
22
23 public right-of-way(such as garbage dumping,timber theft,danger trees,or abandoned vehicles),
24 and increased property tax. All of these reasons have been used in the past to support road
25 vacations and could support a finding of public'benefit for the vacation of the Subject Right-of
26 Way. CA-20.
27
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-8
1 22. JCC 12.10.110(1) requires that the proposed road vacation be reviewed for
2 compliance with the Jefferson County Comprehensive Plan and any other applicable plans,
3
policies or ordinances. JCC 12.10.110(2) provides that roads should not be closed or vacated
4
when land uses, development plans, or occurring patterns indicate their usefulness to area
5
6 circulation. In accordance with JCC 12.10.060, the Department of Community Development
7 (DCD) reviewed the proposed road vacation and any environmentally sensitive areas that might
8 be affected by the road vacation. DCD issued a report dated March 13, 2026, prepared by
9
Associate Planner Lila Stanfield, addressing these issues and the requirements of JCC
10
12.10.110(1) and (2). CA-22. The DCD Report states that DCD supports the proposal, does not
11
12 recommend any land use conditions of approval, and notes that the applicable zoning and
13 Comprehensive Plan designations are Rural Residential, one dwelling per five acres (RR 1:5).
14 CA-22. The Subject Right-of-Way is eligible for vacation under these criteria. CA-20.
15
23. JCC 12.10.110(3) provides that the effectiveness of fire, medical, law
16
17 enforcement, or other emergency services should not be impaired by a road vacation. As
18 discussed above in Finding 13, initial inquiries from East Jefferson Fire-Rescue (CA-10) and
19 Jeffcom 911 (CA-1 1) raised concerns regarding emergency ingress/egress, tsunami evacuation
20 routes, ability for emergency vehicles to turnaround and potential impacts to the addressing of
21
nearby structures. These concerns were addressed by Jefferson County Department of Public
22
Works and no further comments were received from Fire District #1, or JeffCom911. CA-20.
23
24 Consequently,the County Engineer determined that the effectiveness of emergency services will
25 not be impaired by this vacation, provided a turnaround area is provided. CA-20. If approved
26 with proposed conditions, the vacation will be consistent with JCC 12.10.110(3). CA-20.
27
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS-9
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
4
the Subject Right-of-Way.Jefferson County PUD# 1 has electrical lines within a portion of the
6 Subject Right-of-Way (CA-16) that appear to match the alignment for an easement for ingress,
7 egress,access and utilities shown on the record of survey for a boundary line adjustment recorded
8 under Jefferson County Auditor' s File Number AFN) 576843. CA-15. This easement is not
9
referenced by AFN number on the record of survey and Jefferson County Public Works could
10
not locate the recorded easement. CA-20.
I1
12 25. In a letter dated March 16, 2026, QWEST CORPORATION, D/B/A
13 CENTURYLINK QC("CenturyLink")stated that it reviewed the request for the subject vacation
14 and determined that it has no objections with respect to the areas proposed for vacation. CA-30.
15
The letter states, "It is the intent and understanding of CenturyLink that this Vacation shall not
16
17 reduce our rights to any other existing easement or rights we have on this site or in the area. This
18 vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are
19 found and/or damaged within the vacated area as described, the Applicant will bear the cost of
20 relocation and repair of said facilities." CA-30. For the reasons set forth in Findings 24 and 25
21
herein, the Subject Right-of-Way is eligible for vacation under this criterion. CA-20.
22
23 26. Petitioner states he believes an easement was granted for the utility lines many
24 years ago and has no opposition to granting a public utility easement if needed. CA-18. Given
25 the Petitioner's acknowledgment of the utility's presence,the presumption of existing rights based
26 on long-term occupancy, and that only a small portion of the Subject Right-of-Way contains
27
these utilities with the remainder being located on the Petitioner' s private property, a formal new
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 10
1 easement need not be required as a condition of this vacation.However, if deemed necessary and
2 in compliance with RCW 36.87.140 and JCC 12.10.130(2)(a), the Board of County
3
Commissioners may require retention of an easement within the subject vacated area for the
4
5 construction, repair, and maintenance of public utilities and services.
6 27. JCC 12.10.110(5)states that roads should not be vacated when they could be used
7 for public trails or pathways. The Subject Right-of-Way is limited the western terminus of
8 Mumby Road and does not provide access to water or a beach. CA-20. Further, there are no
9
Jefferson County Parks or plans for new parks or trails near the vicinity CA-12. Given the lack
10
11 of linkages,the Subject Right-of-Way would not be an prime candidate for a public trail.CA-20.
12 Therefore,the Subject Right-of-Way is eligible for vacation under this criterion. CA-20.
13 28. JCC 12.10.110(6) and RCW 36.87.130 state that right-of-way should not be
14 vacated if it abuts a body of salt or fresh water or unless certain exceptions apply. The Subject
15
Right- of-Way is located near Kilisut Harbor, however it does not abut the water, no historical
16
7 evidence was found that it ever abutted water, and in 2011, a vacation for the then terminus of
is the road that was 184 feet further west than the current end of road was approved. CA-17.
19 Therefore,the Subject Right-of-Way is eligible for vacation under this criterion. CA-20.
20 29. JCC 12.10.110(7) states that a road vacation should not landlock any parcel or
21
property. Vacation of the Subject Right-of-Way will not landlock any parcel. CA-20. Parcels
22
23 021-202-012 and 021-202-002 will continue to have direct access from Mumby Road. CA-20.
24 Parcel 021-202-001 currently has access through a driveway east of the Subject Right-of-Way
25 that was developed following the 2011 vacation. CA-20; CA-17. Therefore, the Subject Right-
26 of-Way is eligible for vacation under this criterion. CA-20.
27
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 11
1 30. JCC 12.10.120 requires the Principal Petitioner to compensate the County for all
2 Class A and Class B vacated rights of way in compliance with RCW 36.87.120. A resolution
3
approving vacation of a right of way shall not be effective until the following payments are made:
4
5
• Base payment: "The principal petitioner shall pay, with respect to the vacation of
6 either or both Class A and Class B roads or rights of way a sum equal to 1 half of
7 the current fair market value (as of the date of the petition) of the area so vacated
8 if the county holds title through a dedication, or the full current fair market value
9
(as of the date of the petition) if the county acquired the subject rights-of-way
10
l l other than by dedication, e.g. fee simple interest."
12 • Additional Payment for Class B roads or rights of way (part 1): The principal
13 petitioners shall pay to the county an amount equal to the amount of public
14
expenditures made in improvement or maintenance of the road or rights-of-way
15
or a portion of any road or rights-of-way that is the subject of the proposed
16
17 vacation.
18 • Additional Payment for Class B roads or rights of way (part 2): An amount equal
19 to all other administrative costs incurred by the county in vacating the road.
20
31. The County did not acquire the Subject Right-of-Way through dedication.
21
Therefore, if the Board accepts the Hearing Examiner's recommendation and approves the road
22
23 vacation, the Principal Petitioner shall be required to compensate the County for the full current
24 fair market value of the property. CA-20.
25 32. Petitioner has not submitted an appraisal. JCC 12.10.120(3)Valuation Procedure
26
states, "For all Class A and Class B vacation petitions, the principal petitioner(s) shall provide a
27
fair market appraisal from an appraiser licensed by the state of Washington. Jefferson County
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 12
1 shall have the right to review,accept or reject any appraisal and may do so with an internal report
2 or an appraisal provided by a private state -licensed appraiser. If agreement on value is not
3
reached after the county' s appraisal, then Jefferson County may decline to vacate the right- of-
4
5 way. If the county agrees to do so in writing,then the parties may select a mutually agreed upon
6 neutral master appraiser, whose appraisal shall be final and binding upon the parties, and whose
7 fee shall be paid for equally by both parties." CA-20.
8 33. The County Engineer found that it is not possible to determine what expenditures
9
have been made regarding the subject right-of-way and no records of public expenditures were
I0
I found. CA-20. Any such expenditures are likely minor and occurred many years ago based on
12 the current road condition. Therefore, it is recommended no additional sums be collected under
13 this provision. CA-20.
14 34. The Petitioner must pay the administrative costs incurred by the County in the
15
road vacation process,whether the vacation is ultimately approved or not.These include the 2026
16
17 costs associated with preparing for and conducting a hearing with the Hearings Examiner,
18 reviewing documents submitted by the petitioner, document recording fees, etc. As of the date
19 of the County Engineer's Report on March 16, 2026, the Principal Petitioner has paid a total
20 administrative fee of$1,422, which is the 2026 fee for vacating roads and includes 17 hours of
21
staff time.Petitioner shall be liable for any staff time over 17 hours and any other administrative
22
23 costs incurred in processing the application. CA-20. With compliance with the proposed
24 conditions of approval in this Recommendation, the right-of-way is eligible for vacation under
25 JCC 12.10.120.
26 35. The County Engineer concluded that the proposal appears to meet all of the
27
criteria in Chapter 36.87 RCW and Chapter 12.10 JCC required for approval of vacation of a
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 13
I portion of the subject right-of-way. The County Engineer expressed an opinion that the right-of-
2 way should be vacated, provided that no contrary testimony or new findings are presented at the
3
hearing, and provided that the Principal Petitioner pays all required compensation owed to the
4
5 County for the vacated right-of-way and administrative process. CA-20.
6 36. No testimony or new findings contrary to the County Engineer's opinion were
7 presented at the public hearing.
8 37. The Petitioner has the burden of proof and must establish that the proposed road
9
vacation meets all applicable criteria of JCC Chapter 12.10 and RCW Chapter 36.87. The
10
Petitioner must meet their burden of proof with substantial evidence.
11
12 38. The Subject Right-of-Way has not been statutorily vacated.
13 39. In accordance with RCW 36.87.060 and JCC 12.10.080, the Hearing Examiner
14 held a public hearing on the Petition for road vacation, allowing for public comment on the
15
proposed road vacation, although no public comment was offered. The Examiner reviewed the
16
road vacation petition, the written staff report, and the criteria contained in JCC 12.10.110, and
17
18 presided over a public hearing at which public testimony could have been offered in support of
19 or in opposition to the proposed road vacation.
20 40. At the public hearing,Joshua Thornton,Jefferson County Real Property Specialist,
21
provided testimony reviewing the Staff Report,presenting the circumstances for which proposed
22
road vacation is intended to address and an overview of the County Engineer's report. Mr.
23
24 Thornton testified regarding notice provided, via posting, emailing, mailing and publication.
25 41. Mr. Thornton addressed the supplemental declaration(CA-28) in which the width
26 of the Subject Right-of-Way was revised from 16-feet in width to 12-feet in width. He also
27
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FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 14
1 addressed the prior road vacation in 2011 in which Petitioner obtained a partial vacation of a
2 segment of Mumby Road. The road was not deeded or platted.
3
42. Mr. Thornton addressed the concerns raised concerning the proposed vacation
4
5 summarized above and set forth in exhibits CA-10, CA-11 and CA-24. He noted that Mumby
6 Road never reached the water in Kilsut Harbor.
7 43. Petitioners James Burnell and Andrea Vitalich testified at the public hearing and
8 stated that Mr. Thornton provided a good summary of the proposal and review to date. They
9
stated that they have owned the property for 66 years. Mr.Burnell addressed the turnaround issue
10
i and said they will provide a 30x20 foot wide easement. He also stated that one of the reasons
12 they are requesting the road vacation is because people following Google maps to get to the short-
13 term vacation rental at 564 Mumby get confused and end up on their property. Mr. Burnell
14 testified that vacation of the Subject Right-of-Way will result in the County not essentially
15
maintaining his driveway any longer. He commented that the vacation will improve access and
16
17 circulation with a formalized easement. Petitioners stated they had reviewed the proposed
18 conditions of approval and did not have any questions or comments.
19 CONCLUSIONS OF LAW
20 1. Pursuant to JCC 12.10.080, road vacation hearings are conducted by the Hearing
21
Examiner who then submits findings, conclusions, and recommendations for consideration and
22
final decision by the Board of County Commissioners.
23
24 2. The Petition has been reviewed by the Hearing Examiner in accordance with
25 RCW 36.87.060 and JCC 12.10.080.
26 3. The Petition includes all information required for a petition to vacate in JCC
27
Chapter 12.10 and RCW Chapter 36.87.
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 15
1 4. Public notice of the Petition was provided in compliance with JCC 12.10.050.
2 Members of the public were provided with an opportunity to comment on the Petition consistent
3
with state and local requirements.
4
5 5. The Petition is consistent with all review criteria set forth in JCC 12.10.110.
6 6. Approval of the Petition will be consistent with JCC 12.10.120 and RCW
7 36.87.120.
8 7. The Board of County Commissioners has authority to weigh the evidence and
9
determine whether, under RCW 36.87.040 and JCC 12.10.050(2)(e),the public will benefit from
10
11 the proposed road vacation.
12 8. The proposal is based on reasons that legally support a determination of public
13 benefit. Substantial evidence in the record supports a conclusion that there is no public need for
14 the portion of the right-of-way proposed to be vacated on the basis of circulation,trails or utilities.
15
Benefits to the public and County that may result from approval of the road vacation include
16
reduced road maintenance costs, reduced liability for managing public right of way (such as
17
18 garbage dumping,timber theft,danger trees, or abandoned vehicles), and increased property tax.
19 9. Petitioners have met their burden of proof and have established with substantial
20 evidence that the proposed road vacation meets all applicable criteria of JCC Chapter 12.10 and
21
RCW Chapter 36.87.
22
10. The proposed road vacation is exempt from review under the State Environmental
23
24 Policy Act, RCW Chapter 43.21C, per WAC 197-11-800(2)(i).
25 11. The Hearing Examiner makes this Recommendation to the Jefferson County
26 Board of Commissioners, consistent with JCC 12.10.080 and 12.10.130.
27
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 16
1 RECOMMENDATION
2 Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Examiner
3
recommends that the Jefferson County Board of Commissioners APPROVE the Petition for
4
5 Vacation submitted by Petitioners James Burnell and Andrea Vitalich, Project No. 9702601,
6 subject to the following proposed CONDITIONS OF APPROVAL:
7 1. Petitioner shall grant an easement to Jefferson County for a vehicle turnaround
8 area consistent with Jefferson County road standards shown in CA-24. A turnaround is required
9
to provide and enhance public safety and circulation for commercial deliveries and emergency
10
vehicles.
11
12 2. Petitioner shall pay administrative costs and all required compensation for the
13 vacated right-of-way (Base Payment) in the amount of the full current fair market value of the
14 portion of the road to be vacated(Base Payment) into the Jefferson County road fund subsequent
15
to the Board of County Commissioners' approval of the road vacation and prior to the signing of
16
the vacation resolution.
17
18 3. Petitioner shall pay any additional compensation and all other amounts and fees
19 due and owing to the County to reimburse the County for administrative costs and staff time
20 incurred by Jefferson County in the road vacation process, if the Board of County Commissioners
21
determines that the County incurred additional costs in processing the Petition for Vacation
22
beyond the amount of One Thousand Four Hundred Twenty-Two and no/100 Dollars ($1,422)
23
24 which has been paid by Petitioner. This additional compensation, other amounts and fees, shall
25 be paid by Petitioner within one (1) year of approval of the request by the Board of County
26 Commissioners. If any sums owed the County are not paid and/or conditions of approval are not
27
met within one(1)year of the Board of County Commissioners' approval of the vacation request
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 17
I as reflected in the approving resolution, then approval may be rescinded upon notice by mail to
the Petitioner.
3
4. If the Board of County Commissioners determines it to be necessary, and in
4
5 compliance with RCW 36.87.140 and JCC 12.10.130(2)(a),it may condition approval of the road
6 vacation on the retention of an easement within the vacated area for the construction,repair, and
7 maintenance of public utilities and services. JCC 12.10.090(2).
8 5. Approval of the requested road vacation shall not be deemed to diminish or
9
otherwise affect easement and/or other rights of CenturyLink within the vacated right-of-way. If
10
11 Petitioner damages any CenturyLink facilities within the vacated right-of-way, Petitioner shall
12 be responsible to CenturyLink for the reasonable cost of relocation and/or repair of such facilities.
13 6. Should the Board of County Commissioners deny the requested road vacation,
14 reimbursement to Jefferson County of all costs of processing the request shall be the
15
responsibility of the Petitioner.
16
Dated this 1st day of April,2026.
17
18
19 STEPHANIE MARSHALL, Attorney at Law
Jefferson County Hearing Examiner
20
21
22
23
24
25
26
27
28
FINDINGS OF FACT,CONCLUSIONS OF LAW AND RECOMMENDATION TO JEFFERSON
COUNTY BOARD OF COMMISSIONERS- 18