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In the matter of the }
Vacation of a portion }
Dowans Creek Road }
County Rd No. 146809 }
STATE OF WASHINGTON
COUNTY OF JEFFERSON
RESOLUTION NO. 17-16
WHEREAS, the Jefferson County Board of Commissioners, by the Intent to Vacate per Resolution
#04-16, initiated the process to vacate a portion of Dowans Creek Road, County Road No. 146809; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the proposed road
vacation, March 8, 2016, to provide opportunity for public comment and consider comments from
applicable departments, agencies, and the recommendation from the Jefferson County Engineer; 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 March 17, 2016.
NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW
36.87 and Jefferson County Code 12.10: All that portion of the original Dowans Creek Road, as depicted on
the Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No.
(AFN) 579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson
County, Washington, further described as follows: That portion of the original roadway beginning at the
Station 10+00 as located on the above referenced survey; Thence continuing easterly along the original
roadway to Station 73+44.8 as located on the above referenced survey and also referenced within the
Jefferson County right of way Easement No. 50-3306 on file with the State of Washington, said point being
the intersection of the southerly margin of the original roadway and the northerly margin of the newly
constructed bypass roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to
Jefferson County as recorded under AFN 584749 records of Jefferson County.
ADOPTED THIS 11th DAY OF April , 2016
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SEAL:
ATTEST:I�In
y„Uy (y
Carolyn Ave
Deputy Clerk of the Board
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
r
Proposed Road Vacation
CR# 146809, Dowans Creek Road
All that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the Dowans
Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No.
(AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson
County, Washington, further described as follows:
Beginning at the Station 10+00 as located on the above referenced survey;
That portion of the original roadway beginning at the Station 10+00 as located on the above referenced
survey; Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above
referenced survey and also referenced within the Jefferson County right of way Easement No. 50-3306 on
file with the State of Washington, said point being the intersection of the southerly margin of the original
roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the
Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749
records of Jefferson County.
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OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.: Dowans Creek Road Vacation
APPLICANT: Jefferson County
Department of Public Works
623 Sheridan Street
Port Townsend, WA 98368
LANDOWNER: Jefferson County
SUMMARY OF REQUEST:
Vacate of a portion of Dowans Creek Road pursuant to Resolution Number 04-16.
SUMMARY OF RECOMMENDATION: Approval
UBLIC HEARING:
After reviewing the Jefferson County Department of Community Development 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 March 8, 2016, 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 appeared, presented the Department of Public Works Staff Report, and
testified that the County is the applicant and the intent is to vacate a County road. The
County provided proper notice and the County engineer recommends approval as do DCD
and DNR. DNR owns the property on both sides of the road proposed for vacation and
supports the petition. Exhibit H is a letter and photographs supporting the vacation.
1X
WILL BUTTERFIELD appeared, and testified that he called Mr. Stokes and explained the
project on his answering machine but was unable to speak with him personally. He
negotiated a new easement for the County road with DNR, but the new road is not part of
the vacation process. The County has already constructed the new road to bypass the
portion of the road washed out by the Bogachiel River.
No one spoke further in this matter and the Examiner took the matter under advisement.
The hearing was concluded.
NOTE: A complete record of this hearing is available in the office of Jefferson
County Department of Community Development.
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. A road vacation petition is exempt from review pursuant to the State Environmental
Policy Act (SEPA) in accordance with WAC 197-11-800(2)(h).
3. Notices of Hearing:
Notice provided by mail to adjacent property owners: November 3, 2015
Publication of legal notice in the Jefferson County Leader: February 24 and
March 2, 2016
Notice posted on site by Department of Public Works: February 12, 2016
4. On January 25, 2016, the Jefferson County Board of Commissioners adopted
Resolution Number 04-16 declaring an Intent To Vacate a portion of Dowans Creek
Road known as County Road Number 146809. The legal description of the portion
of the road proposed for vacation is set forth in said resolution. The portion of the
road proposed for vacation is adjacent to and considerably above the Bogachiel
River in west Jefferson County and has been damaged by slides both below and
above the right-of-way.
5. Jefferson County Public Works negotiated a new route for Dowans Creek Road
over property owned by the State Department of Natural Resources (DNR), which
avoids the slide area. DNR also owns the property on both sides of the portion of
Dowans Creek Road proposed for vacation. Both the road proposed for vacation
and the realigned road are located on parcels designated as Commercial Forest
Lands (CF1:80) pursuant to the Jefferson County Comprehensive Land Use Map
effective August 28, 1998. The Transportation Element of the Comprehensive Plan
2X
does not identify the right-of-way proposed for vacation as a proposed bicycle route.
6. Section 12.10.080 of the Jefferson County Code (JCC) requires the Examiner to
conduct 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 Jefferson County Board of Commissioners 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. Based upon recommendations of approval from Jefferson County
Departments the proposed vacation complies with the Jefferson County
Comprehensive Plan and applicable plans, policies, and ordinances. The
Department of Community Development (DCD) has reviewed the request
and found the vacation in compliance with the Transportation Element of the
Comprehensive Plan.
B. The portion of the road proposed for vacation previously served
approximately six homes. The relocated road will provide continued access
to said homes. Since the County has already completed construction of the
bypass road, the vacation will not impact any upstream parcels to the east by
eliminating their access.
C. Neither the applicable fire district nor any other emergency services provider
has issues with the proposed vacation. Therefore, the vacation will not
impair the effectiveness of fire, medical, law enforcement, or other
emergency services. Such is especially the case since the County has
constructed a new road that bypasses the slide area.
D. The right-of-way does not presently serve as a utility corridor and neither
Public Works nor DCD recommends retention of a utility easement. No utility
provider to include Clallam County PUD commented upon the vacation
request.
E. The vacated right-of-way cannot effectively serve as a trail or pathway since
it is subject to continual sliding both above and below the right-of-way. As
previously found, the Transportation Element of the Comprehensive Plan
does not identify the road as a bike route.
F. The right-of-way 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 since the
County previously constructed a new bypass road around the slide area.
3X
7. Public Works advised at the hearing that Jefferson County previously waived the
appraisal and land compensation requirements set forth in JCC 12.10.120. DNR
will assume ownership of the vacated right-of-way and has previously provided an
easement for the relocated Dowans Creek Road across its property.
CONCLUSIONS:
The Hearing Examiner has jurisdiction to consider and make recommendations on
the issues presented by this request.
2. The petition for road vacation meets all criteria set forth in JCC 12.10.110 and the
Department of Public Works supports the vacation.
RECOMMENDATION:
It is hereby recommended that the Jefferson County Board of Commissioners vacate the
portion of the Dowans Creek Road right-of-way as legally described in Resolution Number
04-16.
RECOMMENDED this 17th day of March, 2016.
�x� z / I---- —
S EPHEN K. CAUSSE UX, J
Hearing Examiner
In the matter of
A Resolution Declaring
An Intent to Vacate a Portion
County Road Right of Way
STATE OF WASHINGTON
COUNTY OF JEFFERSON
RESOLUTION NO. 04-16
a
WHEREAS, after due consideration, it appears to this Board of County Commissioners that it is
in the public interest to vacate the portions of the following County Rights of Way, described as
follows:
DOWANS CREEK ROAD No. 146809:
All that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on
the Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under
Auditor's File No. (AFN)579902, lying across the South Half of Section 1, Township 27 North,
Range 13 West, W.M., Jefferson County, Washington, further described as follows:
That portion of the original roadway beginning at the Station 10+00 as located on the above
referenced survey,
Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above
referenced survey and also referenced within the Jefferson County right of way Easement No. 50-
3306 on file with the State of Washington, said point being the intersection of the southerly
margin of the original roadway and the northerly margin of the newly constructed bypass
roadway, lying southerly of the Bogachiel River, less any area conveyed by easement to Jefferson
County as recorded under AFN 584749 records of Jefferson County.
NOW, THEREFORE BE IT RESOLVED, and in contemplation of the language of statute
R.C.W. 36.87.010, the County Engineer is hereby directed to examine said roads 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 to
be filed as soon as possible.
BE IT FURTHER RESOLVED, that the Public Works Department shall collect public comment on
this mater and bring it before the Hearings Examiner at the earliest possible date.
ADOP7'1rDiTHIS25th DAY OF JANUARY, 2016
A VFS -
arolyn A61ery
Deputy Clerk of the B
Attachment " A'
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
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
MEMORANDUM
TO: Board of County Commissioners
Jefferson County Hearing Examiner
FROM: Monte Reinders, P.E., Public Works Director/ County Engineer/f�l-
DATE: February 22, 2016
SUBJECT: Engineers Report regarding the intent to vacate Dowans Creek Road, County Road
No. 146809.
In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit
the following report.
FINDINGS
The intent is to vacate a portion of Dowans Creek Road No. 146809, described as that
portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the
Dowans Creek Road Realignment County Project No. CR 1799 survey, recorded under
Auditor's File No. (AFN)579902, lying across the South Half of Section 1, Township 27
North, Range 13 West, W.M., Jefferson County, Washington, further described as
follows: That portion of the original roadway beginning at the Station 10+00 as located
on the above referenced survey; Thence continuing easterly along the original roadway
to Station 73+44.8 as located on the above referenced survey and also referenced within
the Jefferson County right of way Easement No. 50-3306 on file with the State of
Washington, said point being the intersection of the southerly margin of the original
roadway and the northerly margin of the newly constructed bypass roadway, lying
southerly of the Bogachiel River, less any area conveyed by easement to Jefferson
County as recorded under AFN 584749 records of Jefferson County. Please refer to
attached map.
2. The right of way proposed for vacation is the portion of road affected by slide and
erosion damage associated with the close proximity to the Bogachiel River. County Road
Project CR 1799, completed construction of a bypass road and is currently in use. The
vacation will eliminate the right of way of that portion of road that is no longer needed
for transportation purposes.
Attachment "E>"
Engineer's Report — Page 2
Road Vacation-Dowans Creek Rd
This portion of Dowans Creek Road No. 146809 does not provide for area circulation nor
does the proposed action land lock any parcel of real property.
4. The adjoining property owner/managers (the Department of Natural Resources) are
supportive of the road vacation in order to more efficiently manage the State property.
The effectiveness of emergency services will not be impaired by this vacation.
6. A portion of the proposed section of Dowans Creek Road described above does lie
adjacent to the Bogachiel River and is subject to sliding into the river. Thus the
motivation to create a safe bypass enabling the continued use of the roadway for public
purposes. Safe access to the river is maintained throughout other sections of Dowans
Creek Road. (See RCW 36.87.130).
The public may benefit by this vacation by reducing the County's liability and
maintenance expense for unneeded right of way.
RECOMMENDATION
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.
Proposed Road Vacation
CR# 146809, Dowans Creek Road
All that portion of the original Dowans Creek Road, County Road No. 146809, as depicted on the Dowans
Creek Road Realignment County Project No. CR 1799 survey, recorded under Auditor's File No.
(AFN)579902, lying across the South Half of Section 1, Township 27 North, Range 13 West, W.M., Jefferson
County, Washington, further described as follows:
Beginning at the Station 10+00 as located on the above referenced survey;
That portion of the original roadway beginning at the Station 10+00 as located on the above referenced
survey; Thence continuing easterly along the original roadway to Station 73+44.8 as located on the above
referenced survey and also referenced within the Jefferson County right of way Easement No. 50-3306 on
file with the State of Washington, said point being the intersection of the southerly margin of the original
roadway and the northerly margin of the newly constructed bypass roadway, lying southerly of the
Bogachiel River, less any area conveyed by easement to Jefferson County as recorded under AFN 584749
records of Jefferson County.
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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, Public Works Director/ County Engineer
Agenda Date: April 11, 2016
Subject: A Resolution to Vacate a Portion of a County Road,
Known as Dowans Creek Road, County Road No. 146809.
Statement of Issue:
The Board is asked to consider the Hearing Examiner's Report and Recommendation
(attached) pertaining to an Intent to Vacate per resolution #04-16, a portion of the County
Road Right of Way following the completion of a newly constructed bypass segment:
Portion of Dowans Creek Road No. 146809: All that portion of the original Dowans Creek Road,
County Road No. 146809, as depicted on the Dowans Creek Road Realignment County Project
No. CR 1799 survey, recorded under Auditor's File No. (AFN)579902, lying across the South Half
of Section 1, Township 27 North, Range 13 West, W.M., Jefferson County, Washington, further
described as follows: That portion of the original roadway beginning at the Station 10+00 as
Located on the above referenced survey; Thence continuing easterly along the original roadway
to Station 73+44.8 as located on the above referenced survey and also referenced within the
Jefferson County right of way Easement No. 50-3306 on file with the State of Washington, said
point being the intersection of the southerly margin of the original roadway and the northerly
margin of the newly constructed bypass roadway, lying southerly of the Bogachiel River, less
any area conveyed by easement to Jefferson County as recorded under AFN 584749 records of
Jefferson County.
Analysis/Strategic Goals/Pro's Et Con's:
This road vacation petition was heard before the Jefferson County Hearing Examiner on March
8, 2016. 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.
Fiscal Impact/Cost Benefit Analysis:
The long term impact of the actual vacation of this road may help reduce future costs
associated with the management of unnecessary right of way and potential maintenance
expenditures.
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 of Public Works
Consent Agenda
Page 2 of 2
Department Contact: Will Butterfield, Right of Way Representative, 385-9350
Reviewed By:
\ ' P Mlip Morley, ;Cou ty Adnst
Date