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HomeMy WebLinkAbout042814_ca01Department of Public Works Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, P.E., Public Works Directorxc Agenda Date: April 28, 2014 Subject: A Resolution to Vacate a portion of a County Road, Known as Black Point Road 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 as described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume 1 of Road Waivers Page 531, AFN 73884. A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW' /4, SW' /4 of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Please see attached map. Analysis /Strategic Goals /Pro's 8: Con's: The road vacation hearing was conducted before the Jefferson County Hearing Examiner on March 25, 2014. The original Public Hearing was continued from October 16, 2013 to allow the petitioner time to complete negotiations to purchase the adjoining property. Based upon the recommendation contained in the County Engineer's report and supplement (attached) as welt as testimony gathered for the hearing from other departments, agencies, and individuals, the Hearing Examiner has recommended that the vacation be approved. 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. 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, which will be recorded upon final payment by the petitioner. Department Contact: Mara Dotson, Engineering Technician II, 385 -9218 Reviewed By: i i ip Mort y, unt Administr for Date STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of The vacation of a portion of Black Point Road RESOLUTION NO. WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Hans Jorgenson & Jorgenson Timber LLC; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on March 25, 2014; 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 of the Jefferson County Hearing Examiner dated April 8, 2014; NOW, THEREFORE BE IT RESOLVED, that the following be vacated and abandoned pursuant to RCW 36.87 and JCC 12.10: As described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume 1 of Road Waivers Page 531, AFN 73884. A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW' /4, SW '/4 of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington; 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. ADOPTED THIS DAY OF 72014 SEAL ATTEST: Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS John Austin, Chair Phil Johnson, Member David W. Sullivan, Member PROPOSED ROAD VACATION PORTION OF BLACK POINT RD PETITIONER, Jorgensen Timber LLC, Hans Jorgensen - Proposed Road Vacation, As described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume 1 of Road Waivers Page 531, AFN 73884. A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW %, SW % of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Assessor Parcel No.502143004 & 502143022. Project Coordinator: Mara Dotson Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385 -9160 Monte Reinders, P. E. Public Works Director /County Engineer Supplement to Engineer's Report TO: Board of County Commissioners Jefferson County Hearing Examiner FROM: Monte Reinders, P.E., County Engineer DATE: March 4, 2014 SUBJECT: Supplement to Engineers Report dated September 2013 Petition to vacate a portion Black Point Road, County Road No.24260 Petitioner Hans Jorgenson, Project No. 97013001 At the request of the petitioner, the Hearings Examiner Stephen Causseaux continued the public hearing on October 16, 2013, to allow the petitioner time to complete negotiations to purchase the adjoining property, the Peter's Estate. The only expressed concern for this road vacation was from the Peters Estate stating that this old road had once been access to their property. By the completed sale of this property to the petitioner, Hans Jorgensen, the only known potential issue with the road vacation has been resolved and the petitioner is prepared to continue. By the completion of the property sale all known disputes have been resolved and unless any new information is brought to light at the Public Hearing, it is recommended that the Board approve the road vacation. EXHIBIT 3 Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385 -9160 Monte Reinders, P.E. Public Works Director /County Engineer Engineer's Report TO: Board of County Commissioners Jefferson County Hearing Examiner FROM: Monte Reinders, P.E., County Engine7/v-- DATE: September 19, 2013 SUBJECT: Engineers Report Petition to vacate a portion Black Point Road, County Road No.24260 Petitioner Hans Jorgenson, Project No. 97013001 In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. FINDINGS 1. The request is to vacate that portion of Black Point Road right of way described as: A strip of right of way approximately 797' in length by 40' wide (equals 31,880 sq. ft. or 0.73 acre). As described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume I of Road Waivers Page 531, AFN 73884. A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW' /4, SW '/4 of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Assessor Parcel No.502143004. [See Maps. Attachment J of Staff Report] 2. The subject right of way was quit claim deeded to Jefferson County by George and Mina Jameson on April 26, 1935. [See Deed, Attachment I, of Staff Report] 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. No public expenditures have been made in the improvement or maintenance of this portion of the right of way since the realignment of Black Point Road to another location approximately in 1950. The realignment became necessary because of landslides on this portion of the 1935 road. 4. The alternate alignment of Black Point Road that is in use today was established through usage and a road reservation from 1907 and 1908 that states, "And there is reserved from the lands herein granted a right of way thereon for all public highways that may be constructed by the authority of the Board of County Commissioners of Jefferson County, WA ". The date of Engineer's Report — 2 Road Vacation for Black Point Road * * * * * * * * * * * * * ** construction is not clear but reading the road file documents, county road logs and legal descriptions it appears to have been constructed between 1950 and 1955. 5. Public Works Road Maintenance Superintendent has reviewed the proposed road vacation request and sees no issue for operation and maintenance of the county road. 6. 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. 7. The effectiveness of emergency services will not be impaired by this vacation. 8. The right of way does not abut a body of salt or fresh water given the slide event that washed away the road. 9. The proposed vacation does not currently land lock any parcel of property. 10. The petitioner is the sole owner of the property adjacent to the right of way requested for vacation. 11. The petitioner is the only signature required because he meets the majority requirement for owners of property adjacent to the proposed vacation area. 12. 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. [See DCD Report, Attachment C, of Staff Report] 13. Jefferson County Parks are not located within the area of the proposed vacation. 14. Mason County PUD has electrical utilities in the area of Black Point Road but does not object to the road vacation. [See Attachment E, of Staff Report] 15. Gary Brooks, Personal Representative of Ethelyn Peters Estate submitted a letter urging the county not to vacate. That a road vacation would have their property lose access to two of their three parcels, decrease the value of the land and lessen the ability to sell. [See Attachment K of Staff Report] 16. Brian Baker attorney for the Ethelyn Peters Estate submitted a letter requesting the county decline the proposed road vacation. Mr. Baker states that the Peters have used this portion of road to access their parcels APN- 502143022 & APN - 502143001 for decades. He suggests that this matter can be solved by the petitioner, Jorgensen, granting the Peters an easement for ingress, egress and utilities, although that is a private matter between property owners. [See Attachment L of Staff Report] Engineer's Report — 3 --- Road Vacation for Black Point Road RECOMMENDATION In accordance with Jefferson County Code 12.10.050 the Department of Public Works provided pre - application consultation to the principal petitioner. As with every vacation proposal, the Department urged the petitioner to obtain support of adjacent property owners for the vacation prior to proceeding in order to ensure that it will meet the test of RCW 36.87.040 and JCC 12.10.050(2)(e) "Whether or not the public will benefit by such vacation ". Representatives of the Peters property to the south have submitted statements for the record urging the County not to vacate this right of way as they believe it could provide access to the Peters property. The utility of the subject right of way for access to the Peters property is a matter of opinion and apparent dispute. It lies some 75 -110 feet away from the property line with no recorded easement connecting it to the Peters property. The Peters representatives appear to be claiming some prescriptive right to a very steep and overgrown spur road that connects the right of way to the Peters property, again a matter of opinion and apparent dispute. Be that as it may, the right of way vacation process is not the appropriate mechanism to resolve property access disputes. The County has no obligation to vacate right of way, and when a dispute is involved, it is not appropriate for the County to make judgments as to the validity of the claims being made. RCW 36.87.040 and Jefferson County Code 12.10.050 both use "public benefit" to test whether a right of way should be vacated. The dispute as to the significance of the right of way draws into question whether the proposal will benefit the public and suggests a neighbor vs. neighbor dispute such that the county should neither take sides nor vacate the petitioned right of way. In light of the above, it is recommended that the vacation be denied by the Board of County Commissioners. Furthermore, it is recommended that the Board allow the petitioner 12 months from the date of said denial to provide written evidence that the dispute has been resolved satisfactorily in which case the Board would reconsider the petition and support the vacation, all other matters being equal and absent any other new information. Furthermore, after the 12 -month period, the petition shall expire and future applications for vacation would need to start with a new petition. OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND RECOMMENDATION AJndU LAAJ AINIIV0403 JO lZ�:t ARM Pzn I If JF CASE NO.: JEFFERSON COUNTY RIGHT -OF -WAY VACATION PETITION PETITIONER: Jorgensen Timber LLC., Hans Jorgensen PO Box 1503 Chehalis, WA 98532 SUMMARY OF REQUEST: Petition to vacate 797 linear feet of Black Point Road, a public right -of -way. SUMMARY OF RECOMMENDATION: The Board of Jefferson County Commissioners grant the petition. PUBLIC HEARING: After reviewing the Jefferson County Department of Public Works staff report and examining available information on file with the petition, the Examiner conducted a public hearing on the request as follows: The hearing was opened on March 25, 2014, 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: SEE ATTACHED INDEX LIST MARA DOTSON, Engineering Technician, Department of Public Works, appeared, presented the Public Works Department staff report, and testified that the applicant has petitioned the County to vacate a 40 foot wide, 797 foot long section of Black Point Road that the County acquired by quit claim deed from George and Mina Jameson in 1935. The request satisfies the requirements set forth in RCW 36.87.020 and in Chapter 12 of the Jefferson County Code. The appraiser estimates the value of the property at $3,300. Testimony in opposition presented at the first hearing is no longer relevant as the applicant now owns the property in question. HANS JORGENSEN, applicant, appeared and testified that his company, Jorgensen Timber, LLC, own all of the property around the portion of the road proposed for vacation. People are using the road to dump garbage, steal timber, and steal timber products. The road has no outlet. Liability is an issue for the County if someone falls from the cliff that marks the end of the road. An alternative for public use is minimal, at best. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:15 p.m. NOTE: A complete record of this hearing is available in the office of The Jefferson County Public Works Department. FINDINGS, CONCLUSIONS AND RECOMMENDATION: FINDINGS: The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. Road vacations are exempt from review pursuant to The State Environmental Policy Act (SEPA), per Section 197- 11- 800(2)(h) of the Washington Administrative Code (WAC). 3. The applicant, Hans Jorgensen and Jorgensen Timber, LLC, request the Board of Jefferson County Commissioners to vacate a 797 foot long section of the 40 foot wide right -of -way of Black Point Road in the Brinnon area of unincorporated Jefferson County. The portion of the road proposed for vacation extends east from the present Black Point Road across a parcel owned by the applicant. The road terminates near the shoreline at a cliff created by a slide that washed the road away. 4. This matter originally came on for hearing October 8, 2013. At said hearing, Will Butterfield, Jefferson County Public Works, testified that the Ethelyn Peters Estate owns parcels to the south of the road, and that the Estate representatives object to the vacation. The Estate believes that the road vacation would interfere with access to the Estates' parcels. All parties, to include Mr. Butterfield and the applicant, requested a continuance of the matter for a period of one year. During that time the parties would work to resolve access to the Estate's parcels and return with a joint recommendation for approval. The Examiner continued the matter for one year. 5. At the present hearing, both Mr. Jorgensen and Ms. Dotson, advised that Jorgensen Timber, LLC, had acquired the Ethelyn Peters Estate's parcels and now owned all parcels in the area that could be affected by the vacation. The applicant and the Public Works Department both recommend that the Board vacate the following described right -of -way: 2 A strip of right of way approximately 797' in length by 40' wide (equals 31,880 sq. ft. or 0.73 acre). As described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume 1 of Road Waivers Page 531, AFN 73884. A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW' /4 , SW 1/4 of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Assessor Parcel No.502143004. [See Maps. Attachment J of Staff Report] 6. 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 criteria set forth in JCC 12.10.110, and provide a written recommendation to the Board to either grant or deny the petition together with recommended conditions of approval. Findings on each applicable criteria set forth in JCC 12.10.110 are hereby made as follows: A. The proposed road vacation complies with the Jefferson County Comprehensive Plan and all applicable plans, policies, and ordinances. According to the Department of Community Development (DCD) Staff Report, page 32 of the Brinnon Community Plan (applicable to the area) provides in part as follows: 8. Transportation and circulation routes, including roads, should not be vacated or abandoned: (a) where existing or future land development indicates their usefulness; (b) where the effectiveness of fire, medical, or other emergency services may be impaired; (c) where such routes can effectively be used for utility corridors or trails or pathways. In the present case, the right -of -way proposed for vacation is located in a "high" landslide hazard area; in an unstable shoreline slope stability area due to a recent landslide, and in an erosion hazard area; and as previously found, the road terminates in a cliff created by a significant landslide. Furthermore, the vacation will not affect ingress /egress to adjacent parcels since all abutting parcels are owned by the applicant. The vacation will not landlock any parcels. B. The site and surrounding area are located within the Rural Residential (R -1:5) zone classification. The road does not provide access to residential dwellings, and because of the landslide, the road cannot serve as access for off -site parcels. Therefore, it no longer has usefulness for area circulation. The County reconstructed Black Point Road by extending it to the south, and then around a 180° hairpin curve back to the north to provide access to single family residential lots along the Hood Canal shoreline. Vacation of the unusable Black Point Road coupled with the reconstructed Black Point Road is a positive tool toward improving neighborhood circulation and access. C. The Brinnon Fire Department has reviewed the vacation request and in a letter dated September 23, 2013, "has no objection to the it proposal regarding the proposed area on Black Point Road Therefore, the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. The right -of -way proposed for vacation does not serve as a utility corridor. Mason County PUD #1 has electrical utilities in the area but does not object to the road vacation. E. DCD advises that the Transportation Element of the Comprehensive Plan does not identify or designate a bike route over the portion of the road proposed for vacation. Furthermore, the road cannot effectively be used for a trail or pathway due to the cliff created by the landslide. F. The portion of the road proposed for vacation does not abut a body of salt or freshwater and is not zoned for industrial purposes. G. The proposed vacation will not landlock any parcel of property, as all properties in the area have access to either a County right -of -way or a private road that accesses a County right -of -way. 7. In accordance with JCC 12.10.120, Judith L. Maves Klatt, a certified appraiser with MK Appraisal, submitted a Vacant Land Appraisal Report valuing the property proposed for vacation at $3,300. The applicant does not challenge said valuation. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and make recommendations on the issues presented by this request. 2. The request to vacate a portion of Black Point Road described as: A strip of right of way approximately 797' in length by 40' wide (equals 31,880 sq. ft. or 0.73 acre). As described and conveyed by Quit Claim Deed from George and Mina Jameson to Jefferson County, recorded on April 26, 1935, Volume 1 of Road Waivers Page 531, AFN 73884. 4 A strip of land 40 feet wide being 20 feet on each side of the center line of the Black Point Beach Road as the same in now surveyed and located over and across Tax 5 and Tidelands B -2. As shown on October 1934 Road Plans approved by Board of County Commissioners February 7, 1934; All situated in the NW' /4 , SW 1/4 of Section 14, Township 25 North, Range 2 West, W.M., Jefferson County, Washington. Assessor Parcel No. 502143004. [See Maps, Attachment J of Staff Report] 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 and JCC 12.10.050. RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate 797 linear feet of Black Point Road as described in the conclusions above subject to compensation required by JCC 12.10.120 and JCC 12.10.050. DATED this 8`h day of April, 2014 EN K. CAUSSEAU . Hearing Examiner 5