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ORDINANCE NO. 05-0924-01
REPEALING AND REPLACING ORDINANCE NO. 07-0809-99, 01-0102-96 AND 06-0615-92
JEFFERSON COUNfY ROAD VACATION ORDINANCE
JEFFERSON COUNfY BOARD OF COMMISSIONERS
Dan Titterness, District 1 Commissioner
Glen Huntingford, District 2 Commissioner
Richard E. Wojt, District 3 Commissioner
Lorna L. Delaney, Clerk of the Board
JEFFERSON COUNfY DEPARTMENT OF PUBLIC WORKS
Frank Gifford, Director
Robert Turpin, P.E., County Engineer
JEFFERSON COUNfY PROSECUTING ATTORNEY
Jue1anne Dalzell
September 2001
COUNTY OF JEFFERSON
STATE OF WASHINGTON
In the Matter of
x
ORDINANCE NO. 05-0924-01
An Ordinance Repealing and Replacing x
Ordinance No. 07-0809-99,01-0102-96 and x
06-0615-92 and creating a new Road Vacation x
Ordinance x
SECTION 1 PURPOSE
The purpose of this ordinance is to provide uniform criteria for the vacation of county roads
within Jefferson County pursuant to the Roads and Bridges Vacation Act (Chapter 36.87, Revised Code of
Washington) .
SECTION 2 DEFINITIONS
COUNTY: Jefferson County, State of Washington
COUNTY ROAD: A public right-of-way, which lies outside the limits of any incorporated city, and
that has been dedicated to, deeded to, established by usage, maintained, or otherwise established by the
county. Such county roads shall be classified as follows:
Class A: Roads established, dedicated to, deeded to, or otherwise established by the County for
which no public expenditures have been made in the acquisition, improvement, or maintenance
of same EXCEPT those roads platted prior to March 12, 1904, which remained unopened for
public use for a period of five years after authority was granted for opening them.
Class B: Roads established, dedicated to, deeded to, or otherwise established by the County for
which public expenditures have been made in the acquisition, improvement, or maintenance of
same EXCEPT those roads platted prior to March 12, 1904, which remained unopened for public
use for a period of five years after authority was granted for opening them.
Class C: Roads dedicated on a plat that was filed before March 12, 1904, which remained
unopened for public use for a period of five years after authority was granted for opening them.
PRINCIPAL PETITIONER: One of the owners of the frontage of the road (or portion of road)
that is the subject of the proposed vacation shall be designated within the petition to the County as the
Principal Petitioner. The Principal Petitioner shall serve as the liaison between the owners of the
frontage and the County's Public Works Department and shall be the sole person that Public Works
will contact with respect to any specific application for a vacation. The Principal Petitioner shall be
responsible to pay all fees and costs, including the "compensation requirement" outlined in Section 6,
that are associated with this proposed vacation. Nothing shall prevent the Principal Petitioner from
obtaining monies from other persons owning frontage on the road (or portion of road) to be vacated
to satisfy the fees and costs that might be associated with a particular request for a vacation. The
Principal Petitioner and not the County shall be solely responsible for collecting such funds from the
other persons owning frontage on the road (or portion of road) to be vacated.
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SECTION 3 SCOPE
This ordinance shall apply to petitions for the vacation of all or portions of a county road within
Jefferson County. This Ordinance also sets forth that there is no petition procedure available for Class C
Roads.
SECTION 4 ADMINISTRATION
4.10 APPLICATION: Petitions for Class A and Class B road vacations shall be submitted, along
with fees as provided by the Board of County Commissioners as set forth in the fee schedule ordinance, in
writing to the Department of Public Works. The petition shall be sizned by a majority of owners of the
frontage of the road or portion thereof proposed to be vacated. The petition shall name a Principal
Petitioner. The petition must show the land owned by each petitioner and set forth that such county road
is useless as a part of the county road system and that the public will be benefited by its vacation and
abandonment. All fees and costs described herein shall be paid prior to the vacation becoming effective.
Subsection 4.70 of this Ordinance shall apply to Class C roads; the remainder of Section 4 shall pertain to
the vacation of Class A and Class Broads.
The Board of County Commissioners may initiate vacation action by resolution when
1.) Requested to do so by the County Engineer;
2.) The County is desirous of initiating a property exchange for relocation of a rizht-
of-way to a better location, or for greenbelt purposes;
3.) The rizht-of-way lies within County property;
4.) The rizht-of-way lies within other public lands.
4.20 DEPARTMENT OF PUBLIC WORKS: The Jefferson County Department of Public Works
shall accept the road vacation petition and fee. The department shall provide pre-application
consultation to the principal petitioner. The Department of Public Works shall contact the Department of
Community Development and other applicable departments, agencies and offices requesting that they
review such vacation and return any and all comments to the Department of Public Works. The
Department of Public Works shall also contact all adjacent property owners within a three hundred foot
radius of the portion of the road requested for vacation. After the Jefferson County Department of
Community Development establishes the date of public hearing, the Department of Public Works shall
review the petition and post each terminus of the subject road with a public notice stating the fixed date
of the public hearing. Such public notice shall be posted at least twenty (20) days prior to the fixed date
of the public hearing.
The Department of Public Works shall examine the proposed road vacation and produce a
written report for the Hearing Examiner record that includes the County Engineer's opinion as to: (1)
whether or not the subject road should be vacated; (2) whether or not the road has been in use; (3) what
the condition of the road is; (4) whether or not it is advisable to preserve the road for the county road
system in the future; (5) whether or not the public will benefit by such vacation; (6) whether public
expenditures have been made in the acquisition, improvement, or maintenance of the subject road, and
the amount of said expenditures; and (7) any other applicable facts or information.
The Department of Public Works shall prepare a written staff report for the Hearing Examiner's
review and recommendation.
The Department of Public Works shall then forward the Hearing Examiner's recommendations
and appropriate information to the Board of County Commissioners.
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The Department of Public Works shall submit a bill for the cost of such an examination and
report. The petitioners shall be responsible for payment of these costs prior to the vacation becoming
effective. When directed by the Hearing Examiner, the Department of Public Works shall also provide an
estimated amount of past county expenditures on the subject road.
4.30 DEPARTMENT OF COMMUNITY DEVELOPMENT: The Department of Community
Development shall review the petition and prepare a written report that includes: (1) the road vacation's
consistency with the Jefferson County Comprehensive Plan and any other applicable plans, policies, or
ordinances; (2) whether environmentally sensitive areas exist in the vicinity which might be affected by
the vacation; and (3) any other applicable facts or information. This report shall be submitted to the
Department of Public Works for inclusion in the staff report. The Department of Community
Development may also submit to the Department of Public Works a bill for costs in conducting their
review and developing their report.
The Jefferson County Department of Community Development shall establish the date and place
of the public hearing with Hearing Examiner. This date shall be selected in accordance with the Jefferson
County Hearing Examiner's regular schedule. The Jefferson County Department of Public Works shall
ensure that notice of the public hearing is published in a newspaper having countywide circulation at
least once a week for two (2) consecutive weeks prior to the fixed date of the hearing.
4.40 OTHER APPLICABLE DEPARTMENTS, AGENCIES, AND OFFICES: When appropriate, the
following departments, agencies, and offices shall be contacted to review and comment on the petition:
the water supply provider, the water treatment provider, the electric power provider, the telephone
service provider, the Jefferson County Sheriffs Office, the local fire district, the emergency medical
services provider, and any other applicable departments, agencies, and offices.
4.50 HEARING EXAMINER: In accordance with RCW 36.87.060 and Jefferson County
Ordinance No. 1-0318-91, the Hearing Examiner shall hold a public hearing on all petitions for road
vacations. The Examiner shall review the road vacation petition, the written staff report(s), and the
criteria contained in Section 5 of this Ordinance, and shall receive public testimony in support of or in
opposition to the proposed road vacation. The Hearing Examiner shall then issue a written record of
recommendation to grant or deny the petition, with any conditions of approval.
4.60 BOARD OF COUNlY COMMISSIONERS: The Jefferson County Board of Commissioners
shall review the report and recommendation of the Jefferson County Hearing Examiner. The Jefferson
County Board of Commissioners shall either deny or accept and adopt, in whole or in part, the findings,
conclusions, and recommendations of the Hearing Examiner, and shall make a final determination
whether the request shall be denied, approved, approved with conditions, or approved in part. The Board
of County Commissioners may make separate or revised findings and conclusions. These shall be based
upon testimony presented at the public meeting at which the Hearing Examiner's recommendation is
considered.
As a special condition for granting approval of the road vacation petition, the Board of County
Commissioners may: 1) retain an easement within the subject vacated area for the construction, repair,
and maintenance of public utilities and services, pursuant to RCW 36.87.140 and Section 5 of this
Ordinance, and/or 2) retain an easement within the subject vacated area for trail or pathway purposes,
pursuant to Section 5 of this Ordinance and in accordance with the provisions of Chapter 7 of the
Jefferson County Comprehensive Parks Plan.
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4.70 CLASS C ROAD VACATIONS: In accordance with Section 32, Ch. 19, P. 603, Laws of 1889-
1890, roads classified as Class C Roads in this Ordinance are roads where any public interest in that road
was extinguished (or 'vacated') automatically by operation of law because they remained unopened for
five years after authority was granted for opening them. As such, Jefferson County does not offer any
procedure, formal or informal, that would recoznize or formalize this automatic extinguishment of the
public's interest in a Class C Road.
SECTION 5 REVIEW CRITERIA
Road vacation petitions shall be reviewed according to the following criteria:
1. The proposed road vacation complies with the Jefferson County Comprehensive Plan and any
other applicable plans, policies, or ordinances.
2. Roads should not be closed, vacated, or abandoned when land uses or development plans, or
occurring patterns, indicate their usefulness for area circulation. Prior to a vacation decision, an
examination should be made of its probable effect on overall area circulation in the
neizhborhood. Single or multiple vacations should be considered a positive tool toward improving
neizhborhood circulation and accesses.
3. The effectiveness of fire, medical, law enforcement, or other emergency services should not be
impaired by the closure, vacation, or abandonment of county roads. Appropriate authorities
should be consulted with respect to this policy.
4. Roads should not be closed, vacated, or abandoned when such routes can effectively be used for
utility corridors. Suitable utility easements could be retained as a means of satisfying this policy.
Public and private utility companies and their plans should be consulted with respect to this
policy. In compliance with R.C.W. 36.87.140, the Board of County Commissioners may retain an
easement within the subject vacated area for the construction, repair, and maintenance of public
utilities and services.
5. Roads should not be closed, vacated, or abandoned when such routes can be effectively used for
trails or pathways. Suitable trail easements could be retained as a means of satisfying this policy.
The Jefferson County Parks, Recreation, and Open Space Plan should be used as a guide to
determine trail needs.
6. In compliance with R.C.W. 36.87.130, no county road or part thereof should be vacated that
abuts on a body of salt or fresh water, unless the vacation is to enable any public authority to
acquire the vacated property for port purposes, boat moorage, or launching sites or for park,
viewpoint, recreational, educational, or other public purposes, or unless the property is zoned for
industrial purposes.
7. The proposed vacation will not land lock any parcel of property.
SECTION 6 COMPENSATION REOUIREMENT
The Board of County Commissioners shall require compensation by the Principal Petitioner(s) for
all Class A and Class B vacated right-of-ways in compliance with R.C.W. 36.87.120. All resolutions
vacating any street, right-of-ways or alley, or part thereof, shall provide that the same shall not become
effective until the principal petitioners abutting upon the street, right-of-way or alley, or part thereof so
vacated, pay to the County the sum of the BASE PAYMENT and any applicable ADDITIONAL PAYMENT as
those terms are defined and listed within this Section.
BASE PAYMENT: The Principal Petitioner(s) shall pay, with respect to the vacation of either or both
Class A and Class B roads or right-of-ways a sum equal to one-half (50%) of the current fair market
value (as of the date of the Petition) of the area so vacated if the County holds title through a dedication,
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or the full current fair market value (as of the date of the Petition) if the County acquired the subject
right-of-ways other than by dedication, e.g., fee simple interest.
ADDffiONAL PAYMENT: With respect to vacation of a Class A road or right-of-ways, and in addition
to the Base Payment described above, the Principal Petitioner(s) shall pay to the County any and all other
administrative costs incurred by the county in vacating the road.
With respect to vacation of a Class B road or right-of-ways, and in addition to the Base Payment described
above, the Principal Petitioner(s) shall pay to the County an amount equal to the amount of public
expenditures made in improvement or maintenance of the road or right-of-ways (or a portion of any
road or right-of-ways) that is the subject of the proposed vacation, and all other administrative costs
incurred by the county in vacating the road. To the extent the County can not, because of missing,
destroyed or incomplete records, determine the precise amount expended for the improvement or
maintenance of a road or right-of-ways (or a portion of that road or right-of-ways) that is the subject of
a proposed vacation, then the County shall be entitled to compensation equal to the amount spent on
"improvement and maintenance" of that road or right-of-ways between January 1, 1994 and the date of
the petition.
VALUATION PROCEDURE: For all Class A and Class B vacation petitions, the Principal Petitioner(s) shall
provide a fair market appraisal from an appraiser licensed by the State of Washington. Jefferson County
shall have the right to review, accept or reject any appraisal and may do so with an internal report or an
appraisal provided by a private state-licensed appraiser. If agreement on value is not reached after the
County's appraisal, then Jefferson County may decline to vacate the right-of-way. If the County agrees to
do so in writing, then the parties may select a mutually agreed upon neutral master appraiser, whose
appraisal shall be final and binding upon the parties, and whose fee shall be paid for equally by both
parties.
Alternate compensation may be provided in lieu of the monetary amounts defined above when
the Deparhnent of Public Works has stated in writing to the Board of County Commissioners that the
proposed "in kind" or alternate compensation has value that equals or exceeds the dollar amount due and
owing to the County for the proposed vacation. The Board of County Commissioners may choose to
accept or reject this written recommendation of the Deparhnent of Public Works. Alternate
compensation shall include but not be limited to the exchange of property and/or improvements
provided by the Petitioner(s).
Compensation shall be paid into the Jefferson County Road Fund subsequent to the Board of
County Commissioners approval of road vacations and prior to the signing of the vacation resolution.
Compensation and all other amounts and fees due and owing to the County must be paid within
one year of approval of the request by the Board of County Commissioners. If any sums owed the
County are not paid and/or conditions of approval are not met within one year of the Board of County
Commissioners' approval of the vacation request as reflected in the approving Resolution, then approval
may be rescinded upon notice by mail to the Principal Petitioner(s). Should the request be denied,
reimbursement to Jefferson County of all costs of processing the request shall be the responsibility of the
Principal Petitioner.
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SECTION 7 LEGISLATIVE ACTION
At a regular public meeting, the Board of County Commissioners shall review the Hearing
Examiner's report and recommendation, and may, at the discretion of the Board, accept public testimony
in support of or in opposition to the proposed road vacation. The Board of County Commissioners, by a
majority vote, shall then grant or deny the petition.
As a special condition for granting approval of a road vacation petition, the Board of County
Commissioners may: (1) retain an easement within the subject vacated area for the construction, repair,
and maintenance of public utilities and services, pursuant to R.c.w. 36.87.140 and Section 5 of this
ordinance; and or (2) retain an easement within the subject vacated area for trail! pathway purposes,
pursuant to Section 5 of this ordinance.
SECTION 8 LEGAL PROVISIONS
8.10 SEVERABILITY: If any section, subsection, or other portion of this ordinance is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection,
or portion shall be deemed a separate portion of this ordinance and such holding shall not affect the
validity of the remaining portion of this ordinance.
8.20 REPEALER: Jefferson County Ordinances No. 06-1615-92, 01-0102-96 and 07-0809-
99, and any other Ordinances of Jefferson County in conflict with this ordinance, be and hereby are
repealed.
8.30 EFFECTIVE DATE: This ordinance shall become effective the £ day of¥-, 2001.
ADOITED by the Jefferson County Board of Commissioners thiS~y of ~ ~ , 2001.
SEAL:
a...
Lorna 1. Delaney
Clerk of the Board
Juelanne Dalzell, Prosecuti ttorney
By David Alvarez J () f?A.
ATTEST:
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TABLE OF CONTENTS
SECTION 1 PURPOSE........................... ................... .................... ................................................................... .........2
SECTION 2 DEFINITIONS..................... ............................................................................... ......... ................ .........2
SECTION 3 SCOPE......... .............................. ......... ....... ..................... ....... ......................................... ......... ........ ..... 3
SECTION 4 ADMINISTRATION...... ....................... .................................. ............................................ ....... ...... .....3
4.1 0 APPLICATION..... ........... .................................................................................... ............................. 3
4.20 PUBLIC WORKS DEPARTMENT. ..... ........................ ............................................. ......... ..... ...... .....3
4.30 PLANNING AND BUILDING DEPARTMENT ...............................................................................4
4.40 OTHER APPLICABLE DEPARTMENTS, AGENCIES, AND OFFICES .............................................4
4.50 HEARING EXAMINER.............. .............................................................................................. ........4
4.60 BOARD OF COUNfY COMMISSIONERS ....................................................................................4
4.70 CLASS C ROAD V ACATIONS.......................................................................................................... 5
SECTION 5 REVIEW CRITERIA........................... ...... ...................... .......................................................................5
SECTION 6 COMPENSATION REQUIREMENT..... ..................................................................................... .......... 6
SECTION 7 LEGISLATIVE ACTION................................................... ....... .................................... ........... ..... ..... .....6
SECTION 8 LEGAL PROVISIONS.................................................................................................................. .........7
8.10 SEVERABILITY ................................................................................................ ....... ......... ................ 7
8.20 REPEALER................................ .......................... ................................................ ..... ......... ................7
8.30 EFFECTIVE DATE....... ................................. ....... .......... ..... .............................. ..... ............ ......... ....... 7
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director
Robert G. Turpin, PE., County Engineer
Department of Public Works Staff Report
JEFFERSON COUNTY ROAD VACATION ORDINANCE
CLASS C ROAD VACATIONS & COMPENSATION
SEPTEMBER 2001
The Public Works Department in conjunction with the Chief Deputy Prosecutor and Department
of Community Development held a workshop September 4, 2001, with the Board of County
Commissioners to evaluate the Class C road vacation process and compensation issues as
incorporated into Vacation Ordinance No. 07-0809-99. The Board of County Commissioners
discussed with staff infonnation and options with respect to drafting and adopting improvements
to the Road Vacation Ordinance process.
The following is a brief synopsis of the research by the Public Works Department and their
recommendation.
History
Statutory road vacations were first recognized and adopted by the County in the 1992 Road
Vacation Ordinance. In 1996 the Road Vacation Ordinance was amended to take out all
language regarding Class C (statutory) road vacations. This meant that all road vacations were
handled in the same manner and all went through the public hearing process. The Board of
County Commissioners revised the Vacation Ordinance in 1999 to include a modified Class C
vacation process which provided that the principal petitioner has the burden of showing that the
road or right of way which was dedicated in a plat filed before March 1904 and remained
unopened for a period of five years following dedication in the plat. This allowed for processing
such road vacations differently than standard road vacations, based on the fact that these rights of
way have been vacated by operation oflaw.
ISSUES:
· The Class C roads or right-of-ways have been vacated by operation of law. The County is
recognizing this fact and clearing the perceived public interest only as a cloud on the title.
The County Engineer can only comment on whether or not the road was opened although we
recognize that any private easements would still exist.
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· Consequently, the public perception of the statutory vacation recognition misinterprets this
action to include quieting title regarding private easements within the subject rights of way.
· If there is any public opposition, the County has no jurisdiction over resolving any private
issues. The County only has authority if the road was opened within five years after being
platted, if the plat was recorded prior to March 1904.
· The County is currently being involuntarily involved in private easement concerns and
subsequent litigation, which consume valuable but limited public resources addressing
private property concerns.
· Based on the current Ordinance, the burden of notification to the abutting property owners is
the petitioner's responsibility. Recently the Superior Court has ruled that all property owners
abutting any portion of the subject road are to be notified regardless ofthe abutters proximity
to the specific area to be vacated.
At the direction of the Board of County Commissioners, the Public Works Department
researched this matter and developed a range of options.
OPTIONS:
1. Refine the Class C road vacation process to further clarify the notification requirement,
which in turn would increase the petitioners burden for notification.
. Would not resolve the public misperception regarding the private easements and
further holds the County at risk for future litigation.
2. Go back to the previous method, which processed Class C road vacations in the same
manner as Standard Road Vacations (Class A & Class B).
. Would not resolve the public misperception regarding the private easements and
further holds the County at risk for future litigation.
3. Eliminate the need for Class C process by clearly recognizing the fact that the Class C
roads have been previously vacated by operation of Law, in accordance with Section 32,
Ch. 19, P. 603, Laws of 1889-1890 and therefore said rights of way do not qualify for any
County Vacation process.
· This would place the burden of clearing title on the property owners wishing to clear
title through the quiet title action. This process could also address private easements
through a judicial action in superior court.
4. Set up a process for the County to go through each statutorily vacated plat and formally
vacate any right of way which may fall under the statutory vacation law.
· Would not resolve the public misperception regarding the private easements and
further holds the County at risk for future litigation
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COMPENSATION
The Department of Public Works further wishes to clarify the method of valuation and
compensation for the Standard Road Vacation process. In light of valuation questions and in an
effort to be fair, consistent and equitable in the treatment of compensation, the Assessors Office
and the Department of Public Works recommend that an objective, fair market appraisal be
obtained at the petitioners expense to determine the fair market value for the subject lands to be
vacated. The appropriate percentages could then be applied to the fair market land values
accordingly.
The Department of Public Works further suggest that in those specific areas where the County
has acquired a fee simple interest in the subject area and paid just compensation, that the county
be paid full market value for that specific property. That is to say that in those limited areas
where we have acquired more than just the public right of passage (easement for public road
purposes), we seek full compensation for fair market value because that is how we acquired the
specific parcel.
SUMMARY
During the workshop conducted September 4,2001, with the Jefferson County Board of County
Commissioners, and following lengthy discussions with those present it appeared that Option #3
was preferable with respect to Class C roads and further that an independent, objective, qualified
fair market appraisal was the most equable treatment of compensation issues regarding Class A
and Class B road vacations. The Board directed the Department of Public Works to coordinate a
public hearing for the purposes of obtaining comments from all interested persons on the
proposed Road Vacation Ordinance repealing and replacing County Ordinances No. 07-0809-99,
01-0102-96, and 06-0615-92.
RECOMMENDATION
The Department of Public Works recommendation is to revise the Road Vacation Ordinance
to eliminate the need for any process for Class C roads (Option 3). This recommendation is
based on the fact that the public interest was extinguished by operation of law (Section 32, Ch.
19, P. 603, Laws of 1889-1890) in these roads dedicated on a plat that was filed before March
12, 1904, because the roads remained unopened for public use for a period of five years after
authority was granted for opening them. Therefore, these Class C roads do not qualify for any
County Vacation process. The Department further recommends that an objective, fair market
appraisal be obtained at the petitioners expense to determine the fair market value for the
subj ect lands to be vacated for compensation purposes.
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