HomeMy WebLinkAboutResolution 83-92: Intent to Vacate, with attachments STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of x
RESOLUTION.NO. 83-92
An Intent to Vacate x
A County Road.Right of Way: x
Old Hadlock 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 portion of the Old Hadlock Road,
County Road Number 527109, described as follows:
That portion of the Old Hadlock Road, County Road No.527109, being 30 feet in width and 575
feet in length lying southerly of the southerly limits of the right of way of Lopeman Road, County
Road No. 527109.
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. The hearing date for the proposed vacation is Monday, October 6,
1992, at the hour of 12:00 noon, with the Jefferson County Hearing Examiner in the Public Works
Conference Room, Courthouse, Port Townsend, Washington.
APPROVED THIS 14th DAY OF September ,1992.
BOARD OF JEFFERSON COUNTY COMMISSIONERS
�44Li %.
.; •ft 4 • ' Larry Cr f nmson, Chairman
. B. G. Brown, Member
Richard Wojt, Member
SEAL:
AT7ST: D-ALAAT
Lorna L Delaney
Clerk of the Board
vp. 18 flf 00 917
OCT 301992
JEFFERSON COUN t 1
OUBL_OFFIOWOF-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 between Lopeman Road, a county road, and
Promwell Road, a private road, lying approximately 575 feet south
of Lopeman Road.
Recommendation: Approval, subject to conditions.
FINDINGS OF FACT
BACKGROUND INFORMATION
Applicant: Jefferson County
Applicant's Address: P.O. Box 1220, Port Townsend, WA 98368
Name of Street: Old Hadlock Road
Street Location: Between the south line of the right-of-way for
Lopeman Road and the north line for the easement for Promwell
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 575
feet long. It lies between Lopeman Road and Powell Road, just
north of Elkins Road. Old Hadlock Road generally lies west of
Chimacum Road. It intersects and terminates at Chimacum Road at .
points about equal distance to the north and south of the area
that the County proposes to vacate. It also touches on Chimacum
Road directly across from Elkins Road.
Description and Purpose of Request: Jefferson County is seeking to
vacate this section of the right-of-way as part of a plan to
vacate other sections of the right-of-way for Old Hadlock Road in
order to eliminate what it considers to be a condition that can
pose a danger to vehicular traffic in the area across from Elkins
Road where Old Hadlock Road touches upon Chimacum Road. The
County proposes to widen and improve Chimacum Road in the
vicinity of the area of Old Hadlock Road that it proposes to
vacate.
PROCEDURAL INFORMATION
Authorizing Ordinances: Jefferson County Street Vacation Ordinance
(Ordinance No. 3-85 as amended by 04-0617-91) .
Hearing Date: October 6, 1992
Notices: Mailed: September 26, 1992
Posted: September 15, 1992
Published: September 23 and 30, 1992 (Port
Townsend Leader)
Site Visit: October 6, 1992
Jefferson County Findings, Conclusions,
Street Vacation Application • 2• and Recommendation
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 County is involved in
this request because the County hopes to correct what it
considers to be a dangerous situation at the intersection of
Chimacum and Old Hadlock Road near Elkins Road. The most recent
traffic count the County has for Old Hadlock Road was done in
1989 . It indicates that about 100 vehicles per day were
travelling on the road. The count was measured at both ends of
the road. The County has been in touch with the people
responsible for people providing school bus service in the area
and they indicated that they have no objection to the request.
Elsie Lopeman, adjacent property owner, testified to the
following: The portion of Old Hadlock Road that the County seeks
to vacate runs through her property. Her property bounds it on
both sides. The road is a dangerous one. There have been
numerous accidents on it. She does not believe that it is a
widely used road. Vacating it would better serve the public than
allowing its continued use.
Douglas Joyce, Old Hadlock Road resident, testified to the
following: He lives at the south end of Old Hadlock Road, but he
owns property on both ends of it. He uses it frequently to get
from his residence to the property at the north end of the road.
It is used by other people living along it as well. People use
it for walking, including walking to the little league field east
of Chimacum Road just south of Elkins Road. Closing the road off
to public use would force people onto Chimacum Road. The speed
on that road is 50 miles per hour. Requiring people to use this
road could create a dangerous situation for walkers. (Mr. Joyce
also submitted a petition in opposition to the vacation into the
record. He read the petition into the record. The petition has
been identified as Exhibit No. 4 .4
Wayne Moran, Old Hadlock Road property owner, testified in
opposition to the request. He testified to the following: He
owns an antique business between Hadlock Road and Chimacum Road.
Both roads provide access to his business, and his customers use
both roads. Vacating the road as proposed could force his
customers onto Chimacum Road, including those customers who walk
Jefferson County Findings, Conclusions,
Street Vacation Application - 3 - and Recommendation
J ,
to his store. He believes that this would create a dangerous
situation. Chimacum Road is a fairly narrow road. People drive
fast on it. It does not have sidewalks or bike paths. He will
not let his daughter-use Chimacum Road because it -is so -
dangerous. He believes that if the County wants to vacate Old
Hadlock Road, it should improve Chimacum Road with
bicycle/pedestrian paths before it vacates the road and
eliminates the only safe route for walking and bicycling in the
area.
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 . Petition in Opposition to Vacation
5a. Letter Dated September 21, 1992, From Hayden Development,
Inc. to Eileen Simon, Jefferson County Public Works
Department, in Opposition to Vacation
5b. Letter Dated September 28, 1992, From Hayden Development,
Inc. to Robert Nesbitt, Jefferson County Public Works
Department, in Opposition to Vacation
6. Letter Dated September 27, 1992 , From Robert Smyth to
Jefferson County Public Works Department in Opposition to
Vacation
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-
0617-91) . A copy of this section is attached to this
recommendation, identified as Exhibit A, and, by this reference,
incorporated herein. 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:
Jefferson County Findings, Conclusions,
Street Vacation Application - 4 - and Recommendation
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 with the following changes:
Transportation Development Policy 13 states, in part, that
roads should not be vacated when such routes can effectively be
used for trails or pathways. As is stated below in paragraph 5,
Old Hadlock Road is being used now by people for walking and
bicycling, and it can continue to serve that function in the
future. Therefore, the right-of-way should not be vacated unless
either provisions are made to provide an alternative route to
people to use for walking and bicycling that is as safe as Old
Hadlock Road or an easement for walking and bicycling purposes is
preserved within the right-of-way. This recommendation includes
a condition which would require the County to either provide an
alternative route for walking and bicycling or to preserve and
maintain an easement for walking and bicycling within the right-
of-way of Old Hadlock Road.
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.
3 . The effectiveness of fire, medical, law enforcement, or
other emergency services will not be impaired.
Neither the Fire District nor the Jefferson County
Sheriff/Emergency Services made any response 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.
Jefferson County Findings, Conclusions,
Street Vacation Application - 5 - and Recommendation
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 does not have any electrical
facilities within the area proposed for vacation. Jefferson
County Public Utility District No. 1 did not respond to the
request. Therefore, the Hearing Examiner assumes that it has no
objection to the request. Port Townsend City Utilities submitted
a statement stating that it has a water line along Lopeman Road
but does not foresee a need for one along the area proposed to be
vacated.
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 unrefuted testimony given during the hearing compels the
Hearing Examiner to conclude that Old Hadlock Road, including the
area the applicant proposes to vacate, is fairly heavily used for
walking and bicycling by people in the area. Both Mr. Joyce and
Mr. Moran testified that the road is heavily used by bicyclists
and walkers for recreation and other purposes. They testified
that people use Old Hadlock Road as an alternate to Chimacum Road
to get to the little league field on the west side of Chimacum
Road. The unrefuted testimony given at the hearing also compels
the Hearing Examiner to conclude that Old Hadlock Road provides a
safer route for walking and bicycling than does Chimacum Road.
Again, both Mr. Joyce and Mr. Moran testified to this. They both
testified that walking or bicycling along Chimacum Road can be
dangerous because cars travel 50 or more miles per hour along the
road and there are no sidewalks or bicycle paths along the road.
Mr. Moran testified that he believes it is so dangerous that he
will not allow his daughter to walk along or ride her bicycle
along the road. Neither the County nor Mrs. Lopeman, the
abutting property owner, refuted this testimony. The County does
not have any present plans to provide a sidewalk or bicycle path
along Chimacum Road. Based on the conclusions that Old Hadlock
Road is used for walking and bicycling and that Chimacum Road is
not safe for either, the Hearing Examiner is compelled to further
conclude that an easement for walking and bicycling must be
preserved within the right-of-way until such time as Chimacum
Road is improved with a sidewalk or bike path or a combination of
the two. Therefore, this recommendation includes a condition
that requires the County to preserve and maintain such an
easement.
Jefferson County Findings, Conclusions,
Street Vacation Application • 6 - and Recommendation
1
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 (Lopeman) . The
property owned by Lopeman will continue to have access from both
Lopeman Road and Chimacum Road.
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 Lopeman 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 along
Lopeman Road and along Chimacum Road. According to the County
Assessor's Office the area that the County proposes to vacate has
an assessed value of approximately $1,925. 00, and that the area
along Lopeman Road that Lopeman would dedicate to the County has
an assessed value of $1,440 .00, and the area along Chimacum Road
that Lopeman would dedicate has a value of $800 .00. The total
value of the areas that Lopeman would dedicate to the County is
greater than value of the area the County proposes to vacate.
Therefore, the Hearing Examiner concludes that compensation
meeting or exceeding the requirement of Section Six will be
satisfied.
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 between Lopeman Road and
Promwell Road, subject to the following conditions:
Jefferson County Findings, Conclusions,
Street Vacation Application - 7- and Recommendation
1. The County shall preserve and maintain an easement within
the right-of-way that allows access by the public for
walking and bicycling. The easement need not be any wider
_ than_is reasonably necessary for walking and bicycling
purposes. The terms of the easement shall state that the
County shall be responsible for maintaining the easement in
good condition for walking and bicycling. The terms of the
easement shall further state that the easement may be
vacated only upon a showing by Jefferson- County that
Chimacum Road has been improved with a sidewalk/bike path in
the vicinity of the area proposed to be vacated. The
easement shall further state that it may be vacated only
after a public hearing.
2 . Lopeman, or its successor in interest, shall dedicate to
Jefferson County fee title to 20 feet of right-of-way along
Lopeman Road and 10 feet of right-of-way along Chimacum Road
in Tax Parcel No. 901111019. The dedication shall be .
granted to Jefferson County by Statutory Warranty Deed
before the vacation becomes final.
DATED this a2 day of October, 1992.
C bell H D. Kintz
Hearing Examiner for Jeffe on County
A copy or notice of this decision was transmitted on the _Jo u
day of October, 1992, by the Jefferson County Public Works
Department to the following:
Elsie Lopeman
170 Lopeman Road
Hadlock, WA 9839
Douglas Joyce
990 Old Hadlock Road
Hadlock, WA 98339
Wayne Moran
760 Chimacum Road
Hadlock, WA 98339
Jefferson County Findings, Conclusions,
Street Vacation Application • 8 • and Recommendation
Robert Smyth
6511 27th NW
Seattle, WA 98117
William Promisel
Hayden Development, Inc.
10 Montgomery Court
Port Ludlow, WA 98365
Jefferson County Findings, Conclusions,
Street Vacation Application - 9- and Recommendation
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