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After Recording Please Return to:
Public Worl?s
623 Sheridan St
Port Townsend, WA 98368
(WC#97012001)
DOCUMENIIIILE
RESOLUTION 34-12
REFERENCE NUMBER(S) OF RELAIED DOCUMENTS
GRANIOR(S) (Last, First and Middle Initial)
JEFFERSON COUNTY
Additional Grantor(s) on page
GRANIEE(S) (Last, Rrst and Middle Initial)
WELLER, ANTHONY R.
Additional Grantee(s) on page_
LEGAL DESCRIPIION (Abbreviated form. i.e. lot, bloc!>, plat or section, township, range, quarter/quarter)
South Point Road No. 447609, 50ft by 35.53ft lying E of South Point Rd, adjoining
P#996600012, SEI/4, NE1/4, See 5, Twp 27, R 1 E
Additional legal on page_
ASSESSOR'S PROPERlY lAX PARCEL NUMBER(S)
996600012
Additional Parcel #'5 on page_
The Auditor/Recorder will rely on the information provided on this fonn. The staff will not read the document to verify the
accuracy or completeness of the indexing information provided herein.
(,t'. V~~ 1Il,I\'\O
1({#y) ~
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
The vacation of a portion of
South Point Road
County Road #44760
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RESOLUTION NO. 34-12
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by Anthony Weller; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on May 8, 2012; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments
from applicable departments, agencies and offices, and recommendations from the Jefferson County
Engineer at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner determined that the vacation complies with the
Jefferson County Comprehensive Plan and other applicable plans, policies or ordinances; and
WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's
report of the public hearing and his recommendation for the vacation request and hereby adopts the
Report and Recommendation ofthe Jefferson County Hearing Examiner dated May 21,2012;
NOW, THEREFORE BE IT RESOLVED, that the following be vacated and abandoned
pursuant to RCW 36.87 andJCC 12.10: A strip ofland being 50 feet wide on the easterly edge of said
highway, commencing at the centerline station 142+00 of said highway and extending north
approximately 35.53 feet as shown on sheet 3 of 3 of the right of way plans for Secondary State Highway
No. 9-E Port Ludlow to South Point, approved February 27,1948, depicted as waste area. This vacation
increases the area of Lot 12 of the Plat of Squamish Harbor Beach APN 121988 approved May 1 st 1950, by
reducing the right of way width from 100 feet to 50 feet from centerline on the east side of said highway.
All situated in the SE 1/4, NE1/4 Section 5, Township 27 North, Range 1 East, W.M.,Jefferson County,
WA. This vacation affects parcel number: 996600012; and
BE IT FURTHER RESOLVED, that said vacation shall become effective on the date this resolution is
recorded with the Jefferson County Auditor after remaining fees and compensation for land value are paid.
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Tune ,2012
JEFFERSON COUNTY
BOARD F OMMISSIONERS
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OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.:
Anthony Weller Petition to Vacate County Right of Way
Project No.: 97012001
APPLICANT:
Anthony Weller
851 South Point Road
Port Ludlow, WA 98365
REPRESENTATIVE:
Mike Deeney
SUMMARY OF REQUEST:
A strip of land being 50 feet wide on the easterly edge of said highway, commencing at the
centerline station 142+00 of said highway and extending north approximately 35.53 feet as
shown on sheet 3 of 3 of the right of way plans for Secondary State Highway No. 9-E Port
Ludlow to South Point, approved February 27, 1948, depicted as waste area. This vacation
increases the area of Lot 12 of the Plat of Squamish Harbor Beach AFN 121988 approved
May 1 st 1950, by reducing the right of way width from 100 feet to 50 feet from centerline on
the east side of said highway. All situated in the SE 1/4, NE1/4 Section 5, Township 27
North, Range 1 East, W.M., Jefferson County, WA. APN 996600012.
SUMMARY OF RECOMMENDATION:
Approval of vacation petition.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Public Works Staff Report and
examining available information on file with the application, the Examiner conducted
a public hearing on the request as follows:
The hearing was opened on May 8,2012, at 2:00 p.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
1-
SEE ATTACHED INDEX LIST
MARA DOTSON appeared, presented the Public Works Department Staff Report and
Attachments, and testified that the County had provided proper notice to include all
agencies. The appraiser has valued the parcel at $8,300.
MIKE DEENEY appeared on behalf of the applicant and testified that the parcel is currently
non-conforming with the lot size required by the applicable zone. The addition of the
vacation area will not cause the lot to become more non-conforming, but perhaps
construction of 'a residential dwelling on the lot will do so. The plat of Squamish Harbor
Beach was created prior to the present land use controls and septic drainfield policies. Lot
sizes utilizing individual wells now must contain one acre or obtain a waiver. The
applicant's parcel meets the waiver criteria for lot size, but according to the code, they
cannot request any other waivers. They therefore need additional area to locate the
primary and reserve septic drainfields. The well would meet all setbacks from the reserve
drainfield.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded at 2:20 p.m.
NOTE:
A complete record of this hearing is available in the office of Jefferson
County Department of Public Works.
FINDINGS. CONCLUSIONS. AND RECOMMENDATION:
FINDINGS:
1. The Hearing Examiner has heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2. Road vacations are exempt from SEPA, per WAC 197-11-800(2)(h).
3. Notice made by mail to Adjacent Property Owners: March 29, 2012.Publication of
legal notice in the Jefferson County Leader: April 25, 2012 & May 2,2012. Notice
posted at site by Department of Public Works: April 19, 2012.
4. The applicant has a possessory ownership interest in a 24,393 square foot parcel of
waterfront property that extends from the east side of South Point Road to the
ordinary high water mark of Squamish Harbor on the northeast corner of the
Toandos Peninsula in unincorporated Jefferson County. The parcel measures 73
feet in width and varies in depth between 337 feet along the south property line and
287 feet along the north property line.
5. A parcel currently owned by Jefferson County as right-of-way creates a rectangular
2-
notch in the northwest corner of the parcel that measures 35.53 feet in length and
50 feet in depth. Said notch is the southern 35.53 feet of a 300 foot long, 50 foot
wide, right-of-way parcel that abuts five subdivision lots. According to the
Engineer's Report (Attachment B) the Board of Jefferson County Commissioners
approved the Squamish Harbor Beach subdivision on May 1, 1950. The road plans
from 1948 designate a 300 foot long, 50 foot wide, right-of-way area as "waste
area". The Engineer's Report finds that the present South Point Road right-of-way
including the notch measures 150 feet in width, and that eliminating the notch would
reduce the right-of-way width to 100 feet (50 feet from the center line on the east
(applicant's) side of the road).
6. The applicant requests a vacation of the portion of the 300 foot long, 50 foot wide,
"waste area" of South Point Road that extends across the northwest corner of his
parcel and measures 35.53 feet in length and 50 feet in width or 1,776 square feet.
The vacation would allow the applicant to install a reserve on-site septic system
drainfield that would comply with the setback requirement from his on-site, drinking
water well.
7. Prior to August 22, 1961, the State of Washington owned South Point Road and
named it Secondary State Highway No. 9-E Port Ludlow to South Point. The State
acquired the right-of-way proposed for vacation on July 30, 1948, and certified it to
Jefferson County on August 22, 1961. Therefore, RCW 36.87.090 does not
statutatorily vacate the right-of-way. The Engineer's Report determined that the
portion of right-of-way proposed for vacation is excess to County roadway needs,
and that the County has neither improved nor maintained any portion of the 300 foot
long section. The Jefferson County Department of Public Works and all County
departments recommend that the Board of County Commissioners vacate the said
parcel.
8. Section 12.10.080 of the Jefferson County Code (JCC) requires the Examiner to
hold a public hearing on all petitions for road vacations, review said petitions in
accordance with the criteria set forth in JCC 12.10.110, and provide a written
recommendation to the Board to grant or deny the petition along with appropriate
conditions of approval. Findings on each applicable criteria set forth in JCC
12.10.110 are hereby made as follows:
A. Based upon the recommendations of approval from all County departments,
the proposed road vacation complies with the Jefferson County
Comprehensive Plan and applicable plans, policies, and ordinances. The
Department of Public Works has reviewed the request and found the
vacation in compliance with the Transportation Element of the Jefferson
County Comprehensive Plan.
B. The parcel has never provided any type of area circulation. The vacation will
have no impact on any abutting parcel since all access is from South Point
3-
.
Road. East Jefferson Fire Rescue (Jefferson County Fire Protection District
No.1) has no issues with the vacation. Therefore, the vacation will not
impair the effectiveness of fire, medical, law enforcement, or other
emergency services.
C. The parcel does not presently serve as a utility corridor and neither the
Department of Public Works nor the Department of Community Development
(DCD) recommend retention of a utility easement. Furthermore, Jefferson
County PUD No. 1 and telephone communication providers recommend
approval of the request.
D. According to the DCD Memorandum (Attachment C), the Transportation
Element of the Comprehensive Plan does not identify a bike route on South
Point Road.
E. The right-of-way does not abut a body of salt or freshwater, and the
applicant's parcel is located within the Rural Residential (RR)1:5 zone
classification of the JCC. Parcels to the west of South Point Road are
located within the Commercial Forest classification. Thus, neither the parcel
nor surrounding areas are zoned for industrial purposes.
F. The proposed vacation will not land lock any parcel of property as all parcels
in the area abut a County right-of-way.
9. In accordance with the authority set forth in RCW 36.87.140, the County Engineer
prepared a drainage facility maintenance agreement that the applicant executed on
March 6, 2012. The easement authorizes the construction, repair, and maintenance
of public utilities and services on the vacated parcel.
10. Critical areas in proximity to the parcel proposed for vacation include priority habitat
species/heritage points for eagle and blue heron, an 80 acre wetland, a susceptible
aquifer recharge area, and a coastal SIPZ. However, vacation of the parcel will
have no adverse impacts on critical areas or habitats. The portion ofthe applicant's
parcel within the jurisdiction of the Jefferson County Shoreline Management Master
Program is located within the suburban shoreline designation.
11. In accordance with JCC 12.10.120, Michael Klinger, certified appraiser, submitted a
land appraisal report valuing the parcel at $4.70 per square foot. However, the land
appraisal report reflects the parcel size at 1,776 square feet whereas the DCD
Memorandum reflects the parcel as containing 1,842.5 square feet. The differing
area sizes create a difference in value between $8,300 pursuant to the appraisal
and $8,660 pursuant to DCD's calculated size. The County agencies, the applicant,
and the appraiser need to agree to the size of the parcel prior to the hearing before
the Board. However, the parcel's square footage value is accurately reflected in the
appraisal.
4-
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The request to vacate a rectangular parcel of the South Point Road right-of-way that
abuts the west side of Lot 12 of the plat of Squamish Harbor Beach that contains
between 1,776 and 1,842.5 square satisfies all criteria set forth in JCC 12.10.110.
Therefore, the Board of Jefferson County Commissioners should vacate said right-
of-way subject only to the compensation required by JCC 12.10.120.
RECOMMENDATION:
The requestto vacate a 1,776-1,842.5 square foot portion ofthe South Point Road
right-of-way that measures approximately 35.53 feet in length and 50 feet in width
adjacent to Lot 12 of the plat of Squamish Harbor Beach within the northwest
quarter of Section 5, Township 27N, Range 1 East W.M. in unincorporated
Jefferson County should be approved subject only to the applicant paying the
compensation required by JCC 12.10.120 based upon a value of $4.70 per square
foot.
RECOMMENDEO"'. 21" day of May, 20140______
sfEPH N . CA S . R.
Hearing Examiner
5-
"\
Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director
Monte Reinders, PE, County Engineer
Engineer's Report
TO:
Board of County Commissioners
Jefferson County Hearing Examiner
FROM:
Monte Reinders, P .E., County Engineer }M/
April 20, 2012
DATE:
SUBJECT:
Engineers Report
Petition to vacate a portion South Point Road, County Road No. 44760
Petitioner Anthony Weller, Represented by Mike Deeney
Project No. 97012001
In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit
the following report.
FINDINGS
I. The request is to vacate that portion of South Point Road right of way described as: A strip of
land being 50 feet wide on the easterly edge of said highway, commencing at the centerline station
142+00 of said highway and extending north approximately 35.53 feet as shown on sheet 3 of 3 of
the right of way plans for Secondary State Highway No. 9-E Port Ludlow to South Point, approved
February 27, 1948, depicted as waste area. This vacation increases the area of Lot 12 of the Plat of
Squamish Harbor Beach AFN 121988 approved May 1st 1950, by reducing the right of way width
from 100 feet to 50 feet from centerline on the east side of said highway. All situated in the SE
1/4, NEI/4 Section 5, Township 27 North, Range I East, W.M., Jefferson County, WA. APN
996600012. See attached maps [Attachment H of Staff Report]
2. The subject right of way was certified to Jefferson County by the State of Washington on August
22, 1961, having been acquired by Washington State under warranty deed recorded at Auditor File
Numbers 114630 on July 30, 1948. It is therefore not statutorily vacated under Chapter 36.87.090
RCW.
3. The area of right of way requested for vacation is considered excess to County roadway needs and
has not been improved to public road standards or been maintained by Jefferson County. No
public expenditures have been made in the improvement or maintenance ofthis portion ofthe right
of way. The road plans from 1948 indicate this area to be waste area.
4. Public Works Road Superintendent has reviewed the proposed road vacation request and sees no
issue for operation and maintenance of the county road.
Attachment "5"
Engineer's Report - 2 -
Road Vacation for South Point Road
***************
5. The subject portion of right of way does not provide for overall area or neighborhood circulation
nor is there any anticipated future need for this right of way.
6. The effectiveness of emergency services will not be impaired by this vacation.
7. The right of way does not abut a body of salt or fresh water.
8. The proposed vacation will not land lock any parcel of property.
9. The petitioner is the sole owner ofthe property adjacent to the right of way requested for vacation.
He is seeking to develop his property and needs additional area for reserve drain field and
setbacks. In order to meet these setbacks the petitioner would need the additional land area that
would be provided by the vacation of this portion of right of way. The public may benefit by this
vacation by reducing the County's liability and maintenance expense for unneeded right of way.
10. The petitioner is the only signature required because he meets the majority requirement for owners
of property adjacent to the proposed vacation area.
11. The Department of Community Development (DCD) has reviewed the proposed road vacation for
compliance and consistency of the Jefferson County Comprehensive Plan, any other applicable
plans and review of environmentally sensitive areas. DCD does not object to the road vacation.
12. Jefferson County Parks are not located within the area of the proposed vacation.
13. Puget Sound Energy has overhead lines in the area that are located within the remainder 100 foot
right of way. Puget Sound Energy recommends the road vacation.
RECOMMENDA nON
Therefore, based on the foregoing Findings, and provided no contrary testimony or new findings are
presented at the hearing, the County Engineer recommends that the Board of County Commissioners
approve this vacation request.
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PROPOSED ROAD VACATION
PORTION OF SOUTH POINT RD
PETITIONER, Anthony Weller - Proposed Road Vacation, Portion of South Point Road described as
follows: A strip ofland being 50 feet wide and approximately 35,53 feet in length, commencing at the
centerline station 142+00 of said highway as shown on sheet 3 of3 of the right of way plans for
Secondary State Highway No. 9-E Port Ludlow to South Point, approved February 27, 1948, depicted as
waste area, and would extend Lot 12 ofthe Plat ofSquamish Harbor Beach AFN 121988 approved May
1st 1950, resulting in the right of way being reduced to 100 feet in width; All situated in the SE 1/4,
NEl/4 Section 5, Township 27 North, Range I East, W.M., Jefferson County, Washington. Parcel
No.9966000 12. Project Coordinator: Mara Dotson
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Department of Public Works
Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ;J'Jd
To:
Agenda Date:
June 11, 2012
Subject:
A Resolution to Vacate a portion of a County Road,
Known as South Point Road, County Road NO.44760.
Statement of Issue:
The Board is asked to consider the Hearing Examiner's Report and Recommendation
(attached) pertaining to a petition to vacate, a strip of land being 50 feet wide on the
easterly edge of said highway, commencing at the centerline station 142+00 of said highway
and extending north approximately 35.53 feet as shown on sheet 3 of 3 of the right of way
plans for Secondary State Highway No. 9-E Port Ludlow to South Point, approved February 27,
1948, depicted as waste area. This vacation increases the area of Lot 12 of the Plat of
Squamish Harbor Beach AFN 121988 approved May 1st 1950, by reducing the right of way
width from 100 feet to 50 feet from centerline on the east side of said highway. All situated
in the SE 1/4, NE1/4 Section 5, Township 27 North, Range 1 East, W.M., Jefferson County,
State of Washington. This vacation affects parcel number: 996600012. Please see attached
maps.
Analysis/Strategic Goals/Pro's & Con's:
This road vacation petition was heard before the Jefferson County Hearing Examiner on May
8, 2012. Based upon the recommendation contained in the County Engineer's report
(attached) as well as testimony gathered for the hearing from other departments, agencies,
and individuals, the Hearing Examiner has recommended that the vacation be approved.
In the Hearing Examiner's Conclusions he stated a discrepancy between the square footage of
the vacation area between the Department of Community Development report and
Department of Public Works report and the need for it to be clarified. The correct square
footage is 1,776 square feet which is based on Squamish Harbor Beach Plat, AFN 121988,
dated May 1, 1950 which is calculated by the measurements of 35.53' multiplied by 50' as
depicted on the plat. Department of Community Development has remarked that the square
footage in their comments to the Hearing Examiner is approximate and was based on GIS
mapping measurement tools.
Fiscal Impact/Cost Benefit Analysis:
The petitioner will pay remaining costs, inclUding land value compensation, associated with
the road vacation prior to the resolution being recorded.
Department of Public Works
Consent Agenda
Page 2 of 2
Recommendation:
Department of Public Works recommends that the Board approve the vacation of the subject
portion of right-of-way by signing the attached Resolution.
Department Contact:
Mara Dotson, Engineering Technician II, 385-9218
~h
Date