HomeMy WebLinkAboutResolution No. 94-92 Intent to Vacate with attachments et: P W. m-/4 90
STATE OF WASHINGTON
COUNTY OF JEFFERSON
1
In the matter of x
RESOLUTION NO. 94-92
An Intent to Vacate. x
A County Road Right x .
Of Way: Intersection of x
Old Hadlock Road and x
Chimacum Road . x
WHEREAS, after due consideration, it appears to this Board of County Commissioners that it
is not in the public interest to retain as county road right of way:
The intersection of the Old Hadlock Road; County Road Number 527109, and Chimacum
Road, County Road Number 932507, described as follows:
All that portion of the Old Hadlock Road, County Road No. 527109, lying westerly of the
following described line:
Beginning at the Northeast corner,of that parcel shown in the Record of Surveys on Page 64 of
Volume 13, recorded under Auditor's File Number 345582, records of Jefferson County,
Washington State; thence S 2° 34'37" E a distance of 25.02 feet to the southerly limits of a 25-
foot easement depicted on said survey; thence S 89° 12' 18" E a distance of 329.56 feet to the
beginning of a tangent curve concave southwesterly having a radius of 50 feet, and the TRUE
POINT OF BEGINNING of said line; thence along said curve a distance of 93.85 feet to a
tangent line parallel with and 30 feet westerly of the center line of Chimacum Road, County
Road No. 932507; thence southwesterly along said parallel line a distance of 448.04 feet to a
curve concave northwesterly having a radius of 50 feet; thence along said curve a distance of
64.54 feet to a tangent line; thence N 87° 43' 44" Won said tangent line a.distance of 107.24
feet to the northwesterly right of way of Old Hadlock Road and the terminus of this line.
and in contemplation of the language of the statute R.C.W. 36.87.010, same is useless,
NOW, THEREFORE BE IT RESOLVED, and the County Engineer is hereby directed to
examine said road and report his opinion as to whether this county road right of way should be
vacated and abandoned and all other facts, matters and things which will be of importance to the
Board, and that such report be filed as soon as possible. A public hearing on the proposed vacation
shall be conducted by the Jefferson County Hearing Examiner, and a recommendation shall be made
to.the Board of County Commissioners as to the feasibility of vacating said right of way. The hearing
date is December 1, 1992, at the hour of 11:00 A.M., in the Public Works Conference Room,
Courthouse, Port Townsend, Washington. .
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APPROVED THIS /c2 1:6- AY OF U j-€)ti , 1992.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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.Loma L. Delaney
18 FA on 966
. Commissioners' Meeting Minutes: Week of February 16, 1993 Page: 4
9. Approval of Plat Amendment; Relocation of a Drainage Easement on Lot 32 and 33 and
Combination of Lots 32 and 33 into a.Revised Lot 32; Marshall Addition
10.DELI:.Ih Approval of Reduced Amount for Claim MC-01-93; Damage from Accident with a County Vehicle; Russell
. Warfield; $200.00
11.Approval Purchase of One (1) Double Drum Vibratory Roller; Ingersoll-Rand Equipment
Sales for $24,075.00; for Public Works
BUSINESS FROM COUNTY DEPARTMENTS
PUBLIC WORKS
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i 1' Hearing Examiner Findings, Conclusions and Recommendation re: Vacation of z
it a Portion of Old Hadlock Road; At Intersection with Chimacum Road about 600 feet
ms' South of Lopeman Road and west of Elkins Road; Jefferson County, Applicant: Public itiss
' Works Administrative Assistant Eileen Simon reported that this vacation is being considered ,-
.iS at the request of the County to vacate a portion of Old Hadlock Road at its intersection with .
Chimacum Road, south of Lopeman Road and West of Elkins Road. The,Hearing Examiner
held a hearing on the request and recommends that the vacation be approved subject to the
sl, following conditions: 4'
i
` 1) An easement within the right-of-way shall be reserved for trail purposes.
2) Prior to the road being vacated, Hayden Development Company shall dedicate by irkr
ro, statutory warranty deed land needed for the construction of a rightof-way for a new
intersection connecting Chimacum Road to Old Hadlock Road. ` '
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1:y' Chairman Wojt asked when the intersection improvements would be made if this vacation is
}r"# approved? County Engineer Bob Nesbitt explained the plans for the intersection a
fimprovements.
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'� Commissioner Huntingford moved to approve the vacation as recommended by the Hearing
z Examiner. Commissioner Hinton seconded the motion which carried by a unanimous vote
VSEa & .d � __'Y.r,.. � �� t',,0 `:�� - . ..wit ::
Decision on Adoption of the Proposed Solid Waste Fee Ordinance: Public
Works Director Gary Rowe reported that findings of fact and conclusions have been drafted
to support the proposed increase in solid waste fees as directed by the Board after the public
hearing.
Commissioner Hinton asked the weight of the trailers as they are being loaded currently? Bob
Nesbitt explained that the trailers are being loaded with between 17 and 18 tons of waste.
The new long haul transport contract charge is based on two trailers at a time loaded with 34
tons of solid waste. Commissioner Hinton stated that the long haul contractor will be paid
by the load, and he feels that it was an error to award the contract written that way. If the
trailers haul less than the maximum tonnage, the County will be subsidizing the cost.
Gary Rowe reported that the bid for hauling was based on the optimum amount of garbage
being hauled per trip, to provide the most competitive bid for this service. If the bid was
based on a per ton rate without the County having control over loading, then the hauler
wouldn't give a reasonable bid. It is in the County's best interest to load the maximum
amount of garbage on the trailers, so that the most garbage is transported in the least number
of trips. He explained that not every ton of garbage taken in at the County landfill is sent
to the regional landfill. Things like large appliances, tires, and yard wastes (when the
composing facility is operating) are disposed of by an alternate method. County Engineer Bob
Nesbitt added that the trailers are loaded, tarped and sealed and then the transport company
is called to pick them up. Gary•Rowe added that the trucks are also weighed before they are
turned over to the trucking firm.
•
1
VOL 191aGE183
JAN 29 1993
JEFFERSON COO!"
OFFICE OF THE HEARING EXAMINER FOR JEFFERSON COUNTY
RE: Street Vacation )
Application of Jefferson )
County to vacate a )
portion of Old Hadlock )
Road. ) FINDINGS, CONCLUSIONS,
) AND RECOMMENDATION
)
)
SUMMARY OF PROPOSAL AND RECOMMENDATION
Proposal: Jefferson County is seeking to vacate that portion of
Old Hadlock Road at its intersection with Chimacum Road about 600
feet south of Lopeman Road and west of Elkins Road.
Recommendation: Approval, subject to conditions.
FINDINGS OF FACT
BACKGROUND INFORMATION
Applicant: Jefferson County
Applicant'sAddress: P.O. Box 1220, Port Townsend, WA 98368
Name of Street: Old Hadlock Road
Street Location: West side of and intersecting with Chimacum Road
west of Elkins Road and about 600 feet south of Lopeman Road, in
the vicinity of Hadlock.
Legal Description: A portion of the Northwest Quarter of the
Northeast Quarter of Section 11, Township 29 North, Range 1 West,
W.M.
Description and History of Street: Old Hadlock Road is an unplatted
public road that has been in existence for about 100 years. The
area that the applicant seeks to vacate is 30 feet wide and 606
feet long. The portion that the applicant seeks to vacate is
parallel to and intersects with Chimacum Road on the west side of
Chimacum Road.
The full length of the road more or less parallels Chimacum Road.
It intersects with Chimacum at points both north and south of the
area that the applicant seeks to vacate.
The Public Works Department previously made application to vacate
the portion of Old Hadlock Road immediately to the north,
extending from the north boundary of the area that it is now
seeking to vacate to Lopeman Road. The Hearing Examiner
recommended approval of that vacation subject to a condition
requiring the County to preserve and maintain an easement within
the right-of-way for public walking and bicycling. As of the
date of this recommendation, the Board of County Commissioners
has not acted on the recommendation of the Hearing Examiner.
Description and Purpose of Request: Jefferson County is seeking to
vacate this section of the right-of-way together with other
sections of the right-of-way for Old Hadlock Road in order to
eliminate and replace the exisiting intersection of Old Hadlock
Road with Chimacum Road because it considers the intersection to
be a dangerous or hazardous intersection. The County proposes to
widen and improve Chimacum Road in the vicinity of the area of
Old Hadlock Road that it proposes to vacate. The improvements
will include a sidewalk or walkway.
If the vacation is approved, Hayden Development Company, which
owns the property immediately to the west, will dedicate land to
the county so that a new intersection may be created south of the
present intersection.
PROCEDURAL INFORMATION
Authorizing Ordinances: Jefferson County Street Vacation Ordinance
(Ordinance No. 3-85 as amended by 06-0615-92 ) .
HearingDate: January 5, 1993
Jefferson County Findings, Conclusions,
Street Vacation Application - 2 - and Recommendation
Notices: Mailed: November 24, 1992
Posted: November 23, 1992
Published: December 23 and 30, 1992 (Port
Townsend Leader)
Site Visit: October 6, 1992 in conjunction with the proposal to
vacate the portion of Old Hadlock Road immediately to the north.
SEPA: Exempt
Testimony:
Eileen Simon, Jefferson County Public Works Department, presented
the Public Works Department Report and Recommendation. $
Robert Nesbitt, Jefferson County Public Works Department, County
Engineer, testified to the following: The Public Works
Department considers the intersection to be a hazardous
intersection. Based on its accident history, it has a rating of
" 11, " which places it near the top of the list of hazardous
intersections in the county. Vacating this section of Old
Hadlock Road will not result in Hadlock Road becoming unusable or
becoming inaccessible from Old Chimacum Road. Access to the
unvacated portions of Old Hadlock Road from Chimacum Road will be
provided by new intersections. Chimacum Road will be improved in
the area of Old Hadlock Road that the Public Works Department is
seeking to vacate. Those improvements will include new
intersections with Old Hadlock Road and a walking path.
In response to public testimony in opposition to the street
vacation Mr. Nesbitt testified that the alternatives to the
street vacation suggested by opponents to it would either be too
expensive or ineffective. He stated that building a new road
would be considerably more costly than what is being proposed.
He stated that placing a barrier at the intersection of Old
Hadlock and Chimacum Road would not be effective because it would
not stop traffic that would turn onto Old Hadlock from Chimacum
Road to the south.
Leon Lopeman, adjacent property owner, testified that he favored
the request as well as the previous request to vacate the portion
of Old Hadlock Road to the south.
Phil Akridge, Old Hadlock Road resident, testified in opposition
to the request. He testified that Old Hadlock Road is used by
people in the area and that there are reasonable alternatives to
Jefferson County Findings, Conclusions,
Street Vacation Application - 3 - and Recommendation
vacating it. He stated that the County could put a barrier
between Old Hadlock Road and Chimacum Road or that it could move
Old Hadlock Road to the west, thereby separating it from Chimacum
Road.
Wayne Moran, Old Hadlock Road property owner, testified in
opposition to the request. He testified to the following: Old
Hadlock Road is safer than Chimacum Road for pedestrians,
bicyclists, and horse riders. It is also safer for people who
want to drive slowly along the road rather than the fairly high
speed of traffic on Chimacum Road. The proposed road vacation
seems to be an extreme expense to the County for the benefit of
only a very few. If the concern is that the intersection of Old
Hadlock Road with Chimacum Road is dangerous, a barricade
separating the two roads and closing the intersection could be
placed at the point where the two roads intersect.
Douglas Joyce, Old Hadlock Road resident, testified in opposition
to the request. He testified that a similar vacation request was
made by a private property owner in 1974/75, and that it was
denied, based upon, among other things, a recommendation of
denial by the Planning Department, which stated that Old Hadlock
Road was needed for both vehicular and non-vehicular travel. Mr.
Joyce submitted the minutes from the 1974/75 street vacation
hearing to the record. It is identified as Exhibit No. 5.
Mike Anderson, Old Hadlock Road property owner, testified in
opposition to the request. He testified to the following: He
owns rental property on the road. His tenants use the road for a
horse trail. If the road were vacated, they would not be able to
do that. He also expressed concern about how vacating the road
would affect truck movements on the Hayden Development Company
site.
Exhibits:
1. Public Works Department Report and Recommendation
2 . Map Showing Portion of Road Proposed to be Vacated
3. Map Showing Proposed Improvements to Chimacum Road at its
Intersection with Old Hadlock Road
4 . Petitions in Opposition to Vacation
5a. Written statement of Douglas Joyce
5b. Excerpts from Jefferson County Board of County Commissioners
meeting of November 18, 1975
5c. Excerpts from Board of County Commissioners meeting from
March 1975
5d. Planning Commission Recommendation on 1974 petition to
vacate Old Hadlock Road
Jefferson County Findings, Conclusions,
Street Vacation Application -4- and Recommendation
5e. Planning Commission Recommendation on 1975 petition to
vacate Old Hadlock Road
5f. Excerpts from November 9, 1992 Board of County Commissioners
hearing
FINDINGS AND CONCLUSIONS
To be approved, the proposed vacation must be consistent with the
review criteria established in Section 5 of the Jefferson County
Road Vacation Ordinance (Ordinance No. 3-85, as amended by 04-
0615-92 ) . The Hearing Examiner has reviewed the proposed
vacation and the evidence of record with regard to their criteria
and makes the following findings and conclusions:
1. The proposed vacation complies with the Jefferson County
Comprehensive Plan and other applicable plans, policies, and
ordinances.
The consistency of the proposal with the Comprehensive Plan is
analyzed in the Planning Department comments to the vacation
request. Those comments are set out in their entirety in the
Public Works Department Report and Recommendation (Exhibit 1) .
The Hearing Examiner hereby adopts the analysis of the Planning
Department noting that the Plan policies pertaining to road
vacations are similar to the statutory criteria for reviewing
vacations and that those criteria are the basis for this review.
Therefore, if the vacation is found to be consistent with the
statutory review criteria, it may also be found to be consistent
with the Plan policies.
2 . The right-of-way is not needed for area circulation or for
future use.
The right-of-way is not needed for vehicular circulation. It is
used for that purpose by 100 or so vehicles per day, but those
vehicles do have an alternate route, Chimacum Road. Vacating
this portion of Hadlock Road would not eliminate access to any
property. In fact, vacating this portion of Old Hadlock Road
will not significantly affect the use of Old Hadlock Road. It
will result in only a short portion of it that is hazardous to
the public safety being eliminated. Improvements will be made to
Chimacum Road that will create a new intersection with Old
Hadlock Road so that use of Old Hadlock Road may continue except
Jefferson County Findings, Conclusions,
Street Vacation Application. - 5 . and Recommendation
along the section that the Public Works Department has concluded
is hazardous.
3. The effectiveness of fire, medical, law enforcement, or
other emergency services will not be impaired.
Though the County Sheriff did submit comments about the vacation
that essentially reflected the comments or concerns of people in
the area who are opposed to the vacation, the Sheriff did not
state in any comments to the record that the vacation would
adversely affect the delivery of law enforcement or other
emergency services. The Fire District did not respond to the
request. Therefore, the Hearing Examiner assumes that they are
not concerned that. vacating the right-of-way would impair the
effectiveness of emergency services. The Hearing Examiner has no
independent reason to believe that it would.
4 . The right-of-way cannot be effectively used for a utility
corridor, or, if it can be, appropriate easements have been
preserved.
Puget Sound Power and Light submitted comments stating that it
has an overhead electrical system within a portion of the
proposed vacation but that it has an easement for the system, and
therefore does not object to the vacation. U.S. West Telephone
Company, Port Townsend Utilities Department, and Public Utilities
District No. 1 did not comment on the proposal. Therefore, the
Hearing Examiner assumes that they have no objection to the
proposed vacation.
5. The right-of-way cannot be effectively used for a trail or
pathway, or, if it can be, appropriate easements have been
preserved.
The testimony given at this hearing and at the previous hearing
on the application by the Public Works Department to vacate the
portion of Hadlock Road just to the north leads the Hearing
Examiner to the conclusion that Old Hadlock Road is widely used
for nonvehicular transportation. In its recommendation on the
vacation application for the right-of-way to the south, the
Hearing Examiner recommended that the applicant be required to
preserve and maintain a trail within an easement within the
right-of-way for nonvehicular transportation. The Public Works
Department testified that Chimacum Road adjacent to the area that
it proposes to vacate will be improved with a walking path. This
recommendation includes a condition that would require the
walking path to be separated from Chimacum Road and within the
Jefferson County Findings, Conclusions,
Street Vacation Application - 6 - and Recommendation
area proposed for the vacation. The condition would further
require that any walkway provided as a result of this vacation be
connected to the trail or easement in the portion of the
right-of-way to the north, if the Board of County Commissioners
adopts the recommendation of the Hearing Examiner to vacate that
road portion.
6. The right-of-way does not abut a body of salt or fresh
water, or, if it does, the vacation is being sought by a
public authority for a public purpose or the abutting
property is zoned industrial.
The right-of-way does not abut a body of salt or fresh water.
7. The proposed vacation will not land lock any parcel of
property.
All of the property that abuts the area that the County seeks to
vacate is owned by a single owner (Hayden Development Company,
Inc) . The property owned by it will continue to have access from
Chimacum Road.
Compensation Requirement:
In addition, to requiring street vacations to meet the criteria
of Section 5, the Street Vacation Ordinance requires street
vacations to meet the compensation requirements of Section 6 .
The Hearing Examiner has reviewed the proposed vacation and the
evidence of record with regard to this requirement and makes the
following findings and conclusions:
It is the Hearing Examiner's understanding that Hayden
Development Company, Inc. will compensate the County for the
right-of-way if the vacation is granted. It is the Hearing
Examiner's further understanding that the compensation will
consist of the dedication of land needed to create the new
intersection. According to the County Assessor's Office the area
that the County proposes to vacate has an assessed value of
approximately $3,000.00. The Assessor's Office has not given any
estimated value of the area that will be dedicated. This
decision requires the applicant or Hayden Development Company to
obtain an estimate of the value of the area, and if its value is
less than the area that will be vacated, to make up the
difference with additional compensation.
Jefferson County Findings, Conclusions,
Street Vacation Application . - 7 • and Recommendation
RECOMMENDATION
Based on the findings and conclusions above, it is the
recommendation of the Hearing Examiner that the Board of County
Commissioners APPROVE the application of Jefferson County to
vacate that portion of Hadlock Road west of and adjacent to
Chimacum Road subject to the following conditions:
1 . The applicant shall reserve an easement within the
right-of-way for trail purposes. Prior to or in conjunction
with vacating the right-of-way the applicant shall construct
a trail that is suitable for walking, bicycling, and horse
use. The trail shall be separated from Chimacum Road. It
shall connect with any trail that might be provided within
the right-of-way to the north, if it is vacated. It shall
also connect to the unvacated portion of Old Hadlock Road to
the south.
2 . Prior to the road being vacated, Hayden Development Company
shall dedicate by statutory warranty deed land needed for
the construction of a right-of-way for a new intersection
connecting Chimacum Road to Old Hadlock Road. Hayden
Development Company, Inc. or the Public Works Department
shall obtain an assessment of the value of the property from
either the County Assessor's Office or a private appraiser.
If the estimated value of the area to be dedicated does not
satisfy the compensation requirements of Section 6 of the
Jefferson County Road Vacation Ordinance, Hayden Development
Company, Inc. shall pay for the difference by making a cash
payment to the County or by some other method acceptable to
the County.
MIME/ this 1,-0 day of January, 1993 .
Ca L1//1t1i �
Hea ng Examiner for Jeffers 6n County
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Jefferson County Findings, Conclusions,
Street Vacation Application - 8- and Recommendation