HomeMy WebLinkAbout020 14DOCUMENT TITLE
RESOLUTION
REFERENCE NUMBERS (S) OF RELATED DOCUMENTS
GRANTOR (S) (Last, First and Middle Initial)
JEFFERSON COUNTY
GRANTEE (S) (Last, First and Middle Initial)
HANS JORGENSON & JORGENSON TIMBER LLC
Additional Reference #'s on page
Additional grantor on page
Additional grantee on page
LEGAL DESCRIPTION (Abbreviated i.e. lot,block,plat or section,township,range)
NW1 /4 SW1 /4 Section 14, Township 25 North, Range 2 West W.M.
Additional legal on page
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER
APN 502143004
Additional parcel #'s on page
The Auditor /Recorder will rely on the information provided on this form. The staff will not read the document to verify
the accuracy or completeness of the indexing information provided herein.
EMERGENCY NONSTANDARD REQUEST — SIGN ONLY WHEN RECORDING AS NONSTANDARD
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand
that the recording processing requirements may cover up or othemise obscure some part of the text of the original document.
Signature
Date
583465 PGS :2 RESO
04/3012014 03:46 PM $73.00 JEFFERSON COUNTY PUBLIC WORKS
WA Auditor's OffiiceY- Donna Eldridge, Auditor
Jeffeerlson1■1
I.County
NAME & RETURN ADDRESS
Jefferson County Department of Public Works
623 Sheridan Street
Port Townsend WA 98368
DOCUMENT TITLE
RESOLUTION
REFERENCE NUMBERS (S) OF RELATED DOCUMENTS
GRANTOR (S) (Last, First and Middle Initial)
JEFFERSON COUNTY
GRANTEE (S) (Last, First and Middle Initial)
HANS JORGENSON & JORGENSON TIMBER LLC
Additional Reference #'s on page
Additional grantor on page
Additional grantee on page
LEGAL DESCRIPTION (Abbreviated i.e. lot,block,plat or section,township,range)
NW1 /4 SW1 /4 Section 14, Township 25 North, Range 2 West W.M.
Additional legal on page
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER
APN 502143004
Additional parcel #'s on page
The Auditor /Recorder will rely on the information provided on this form. The staff will not read the document to verify
the accuracy or completeness of the indexing information provided herein.
EMERGENCY NONSTANDARD REQUEST — SIGN ONLY WHEN RECORDING AS NONSTANDARD
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. 1 understand
that the recording processing requirements may cover up or othemise obscure some part of the text of the original document.
Signature
Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
The vacation of a portion of
Black Point Road
RESOLUTION NO. 20 -14
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 RC W 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 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' /a, 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 d�g DAY OF 62 2014
LA
SEAL,
ATTEST:.. "
Clerk of th&board �
PROPOSED ROAD VACATION
PORTION OF BLACK POINT RD
RmoN[n.lorge MNer LL4 xenslnrplowi- leopmM Raaa Vac9bn. As aml0etl and cW,xAd"it
It alm Deed from dowel Mina lamemn to le%erwn dome earned , pan 26,19X, Volume x of Amid
Wave, Page 531. AM 73FP4.A up, of HM Vd Nett wide Being IDkH on each steal the rental line W the glad
Beach Reed As the same in men m,,op, tlbcated oral nd emit Tao s and Thfil &2 Badennon
Wind Food appar by Word of GunW lom,,loners Federal x,1931; All sdm� In the NAM,
5WMof 1934
i
14, Towns hip 35 Beach, Write x Wes4 W_ M., 1,11k n Cou m4 Wmhier Anneor an reel
wmsoxv49dop ASOZ143mx. Prgettmommnw� Maraummcon
t
Jefferson County
Department of Public Works
623 Sherm n St.
Port Tow nuM, WA 98368
(360)385"9160
Mpnfe Renders P.E.
Pum'c Wales rge lEpunU' Engineer
Supplement to Engineer's Report
TO:
Bond of no Commissioners
Jefferson County Hearing Examiner
FROM:
Monm Reinde:s, P.E., County Engine
BATE:
March 4, 2014
SUBJECT: Supplement he Engineers Itepon dmd S"nnIhw 2013
Petition to vacate a portion Black Point Road, County Rwtl No.24260
Peitioner Hans Jorgenson,
Project No, 91013001
At the request of the petitioner , the Hearings Extorter Steiden Cosecant targeted the public Noting on
October 16, 2013, to allow the petitioner time to mmplme negotiations to Purchase the attaining property, the
Peer's Estaw The mly expressd co cent for this mad vacation was from the Mers Estee stating that this
old rend had owe been aness to thew pmPerty. By the completd sale of this property to the petitioner, Ham
haste n, the only known potential issue with the mad swarms has been resolved and the cetitmner is
Misted to connnue.
By the wmpimion of the property sale all known disputes have hem resolved and unless any new infommtiun
is brought to light at the Public I leasing, it is recmmmendd that Oe Board approve the rod vocation.
WPhl 0 k1
Jefferson County
Department of Public Works
623 Sberidan St.
port Townsend, WA 98368
(360) 385 -9160
Maine Re4Mns, P.E.
MMk Woks anomgriwary Erglneer
Engineer's Report
TO:
BoardofCwnry Commissioners
Jefferson Counts Having Examiner
FROM:
Moore Reaches, PR, Cowry Engimer ,,,Y
DATE:
Seprember 19, 2013 a/
SUB.fECT: Engineers Report
Petition to article a portion Black Point goad, County Rand No 24210
[imprinter Hans Imgensw,
Pmjent h1w 9]013001
N accordance with Ch 36.8) RCW, I have examined the above rekrenom right of way, sod submit the
folbwing report.
FINDIN _C
I. The request is to varem that Portico of Bbek Point Road right of way described as: A snip of
right of way approximately NT in length by "' wide (equals 31,980 s9. fl. or 0.73 arre). As
demribed and conveyed by Quit Claim Deed from George W Miss lamesen to Jefferson County,
recorded on April 26, 1935, Volume I of Red Waiver; Page 531, AFN TJBM. A shop of land 40
feet wide being 20 fat on each side of the center firm of the Black Point Beach Rand as the same
in dry, surveyed and Instal over and across Tax 5 and Tidelands B-2. As shown on Ocmbe 1934
Rued Plans approved by Bound of County Commiss tames Febnury 0, 1934; All attended in the
NW-/,, SW A of Section 14, Township 25 North, Range 2 must, W.M., Implement County,
Washington. Assessor rowel No.5021431004. See Maps. Allachmem I of Staff Repatl
2. The subjvY right of way was quit claim deNN to Jefferson Caunry by George and Mine browsed
on Apd126,1%5.I5a Dad,Anachmentl,of Staff Reponl It isticeref rem stanrorilY VecatM
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 Rand to another location approximately in 1950. The
realignment became necassary became of Iadslicies an this ponion of the 1935 rood.
4. The ultimate alignment of Black Point Road that is in use today was established through usage
and a road reservation from 1907 and 1908 that sides, "And there is reserved hour the Iands
herein premed a right of way thereon for all public highways that may be conemcmd by the
wMuriy of the Board of Counts Commitments of Jeff 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. Cary 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
YiiYYYiiYYYYYYi
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
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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 "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.
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).
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:
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' /. , SW %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 12.10110 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 1800 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
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.
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.
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 %, SW %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.
Commissioners should vacate said right -of -way
by JCC 12.10.120 and JCC 12.10.050.
RECOMMENDATION:
Therefore, the Board of Jefferson County
, subject only to the compensation required
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`" day of April, 2014
SftKIEN K. CAUSS-EAUXJR-
Hearing Examiner
Department 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 Direct 5,C/—
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 %, SW Y4 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 well 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:
Ph'ift Mort y, d unt Administr for Date