HomeMy WebLinkAbout081020_ca03 Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/County Engine -
Agenda Date: August 10, 2020
Subject: Open Right-of-Way Request - Berner Nelson St., ak , S. Beach Dr.
Statement of Issue:
Public Works has received an application to open a portion of platted Berner Nelson
St., aka, S. Beach Dr. for approximately 150 feet for access to their parcel.
Analysis/Strategic Goals/Pro's &t Con's:
The proposed area of right-of-way to be opened is located within the Plat of Third
Addition to Trail's End Homesites, Inc. This road is not proposed to be a County Road,
therefore the County will not be responsible for maintenance should this request be
approved.
Fiscal Impact/Cost Benefit Analysis:
There will be no cost to the County for maintenance or construction should this right-
of-way be opened.
Recommendation:
Per RCW 36.80.030, the supervision of right of way, including the development of
road standards, under purview of the County Engineer, acting under the supervision
and authority of the Board of County Commissioners, has prepared standards for
opening County right-of-way. Therefore, Jefferson County Public Works recommends
approval of this application to open a portion of platted Berner Nelson St., aka, S.
Beach Dr. for approximately 150 feet, as outlined on the attached Engineer's Report.
The Board is asked to sign the Resolution and return to Public Works.
Department Contact:
Terry Duff 360-385-9159
Reviewed By:
PhrliP Y Morle � �nistrafor Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution
to Construct a Road and Utilities on a ) Resolution No.
Portion of Public Right of Way
Known as Berner Nelson Rd. aka South Beach Dr.
WHEREAS, an application to construct roads and utilities on public right-of-way has been
submitted by Jason Balstad for the purpose of providing access to his property, and
WHEREAS, said development will require opening approximately 150 feet of platted Berner
Nelson Rd., aka South Beach Dr., and
WHEREAS,the Revised Code of Washington (RCW) 36.75 and 36.80 places the supervision of
right of way, including the development of road standards, under purview of the County Engineer, acting
under the supervision and authority of the Board of County Commissioners, and
WHEREAS,the applicant has proposed to construct roads to a standard less than what would be
required for public roads, and
WHEREAS,the County Engineer has examined the right of way and the existing road system and
the potential for future development and recommends that this request be approved provided the
standards described in the County Engineer's report dated , 2020 are followed, and
WHEREAS, the applicant will be responsible for the maintenance of this section of roadway and
it is understood that the County will not be responsible for maintenance of this section of roadway and
that it will not be added to the official County Road log until such time as the road is improved to public
road standards and added to the County Road Log through Board action, and
WHEREAS, in lieu of requiring the road to be constructed to full public road standards at this
time, the applicant will be required to sign a no protest agreement waiving rights, except as to the
method of assessment,to protest formation of a pro-rata cost sharing arrangement such as a Road
Improvement District(RID) should it become necessary in the future to upgrade this road, whether
proposed by petition or a resolution of the Board of County Commissioners,
NOW,THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the following
right of way:
Berner nelson Rd. aka South Beach Dr. from the end of the previously opened segment
approved and constructed under RAP20-00007, running south approximately 150 feet.
BE IT FURTHER RESOLVED,that roads shall be constructed in general conformance with the standards
recommended in the County Engineer's report dated , 2020.
BE IT FINALLY RESOLVED,that prior to performing construction the applicant shall receive any and all
necessary permits including a permit from the Department of Public Works specifying any conditions
that will be required by the County Engineer to insure that said standards are met and that the applicant
shall pay any inspection costs incurred by the Public Works Department to insure that these standards
are met.
ADOPTED this day of , 2020.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg Brotherton,Chair
David Sullivan, Member
Kate Dean, Member
ATTEST:
Carolyn Avery
Deputy Clerk of the Board
Jefferson County Public Works Department
County Engineer's Report
Open Right-of-Way Portion of Platted Berner Nelson St. aka, South Beach Dr.,Third Addition
to Trail's End Homesites, Inc.
This Report is in response to an Open Right-of-Way Permit application (Exhibit A) submitted by
Jason Balstad. The intent of the County Engineer's Report is to evaluate and provide
preliminary design parameters/criteria to facilitate the appropriate design of the project. After
agency approval of all documents required by this report the applicant shall be issued a permit
by the Public Works Department.
PROJECT DESCRIPTION
Plat name: Third Addition to Trail's End Homesites, Inc.
Road /Street Name: Platted Berner Nelson St. (aka South Beach Dr.)
Adjacent to: Assessor Parcel #950200620, 950200621, 950200622, 950201003
Distance: Approximately 150 feet (mile post 0.378 to mile post 0.406)
Sections 16,Township 27 North, Range 1 E
The road is not proposed to be a County Road (Exhibit B =Site Plan).
EXISTING CONDITONS
This Permit would officially open a segment of platted Berner Nelson St. right-of-way (aka
South Beach Dr.) (subject ROW) to provide access to the Applicant's parcels #950200620,
950200621, 950200622. The adjacent segment of South Beach Dr. (located to the south) was
opened under Open Right-of-Way Permit RAP05-00027. Although the subject ROW has
previously been used for logging activities and to provide access to the Applicant's parcel, it is
not officially authorized to be 'open' nor does it conform with County road standards. The
distance from the opened right-of-way to the southern boundary of the Applicant's parcel is 60
feet. Additional right-of-way would need to be opened to accommodate the Applicant's
driveway and turnaround area. It appears that power and water utilities have been installed in
the right-of-way without any permits. The platted right-of-way of Berner Nelson St. extends
beyond Applicants parcels and connects to South Point Rd.
DESIGN STANDARDS
Roads shall be constructed to the County's adopted County Road design standards:
• American Association of State Highway and Transportation Officials (AASHTO) Policy on
Geometric Design of Highways and Streets (most current version),
• Washington Department of Transportation (WSDOT) Design Manual and Standard
Specifications for Road, Bridge and Municipal Construction,
• Jefferson County Unified Development Code JCC 18.30.060 Grading, JCC 18.30.070
Stormwater, and JCC 18.30.080 Roads.
Page 1 of 7
Based on proposed use, providing access to a maximum of 4 residences, and limited potential
for through traffic, the typical section required will be for a "Local Service Road" which has a 20
foot wide unobstructed width with a 14 feet wide traveled way. See Exhibit C.
RIGHT-OF-WAY
Platted right-of-way width: Sixty feet is the AASHTO recommended ROW width in rural county
areas. The current ROW width as platted is 60 feet.
Right-of-way centerline location
Roadways shall be constructed on the right-of-way centerline unless this is not feasible due to
topography, environmental conditions (e.g., wetlands, water bodies, unstable slopes), or
transitions to existing roads.
Prior to construction, the right-of-way centerline shall be staked by a licensed professional land
surveyor or located in the field based on existing monuments or property corners set by a
licensed professional land surveyor.
DESIGN SPEED
Speed limit may be less than 25
This is a privately maintained dead-end road on public right-of-way, and no posted speed limit
is required.
DESIGN TRAFFIC VOLUME
There appears to be four residential parcels that would use the subject ROW. Although there
are additional lots along the right-of-way to be opened, development of these lots may be
limited due to topography and critical areas. The projected Average Daily Traffic (ADT) per
residence is 10 trips per day. (This projected ADT may be decreased with the concurrence of
the County Engineer).
SIGHT DISTANCE
Sight distance is not a consideration with this application since it is a continuation of an existing
road segment.
ROADWAY CONSTRUCTION PLANS
The proponent shall construct the roadway to the minimum standards depicted on the Typical
Section shown in Exhibit C.
The proponent shall submit road construction plans prepared by a licensed civil engineer to the
Public Works Department for review prior to commencing construction.
Road Construction Plan general requirements
Road plans shall meet the following general requirements:
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• Be prepared by a licensed Washington state civil engineer;
• Include a plan view and a profile view;
• A scale of 1 inch = 50 feet or less;
• Depict the typical section;
• Depict project limits;
• Depict right-of-way centerline;
• The design shall accommodate both existing and future lot access and utility service.
Plan View
The plan view shall at a minimum depict:
• Horizontal alignment of the proposed centerline at 50 feet stations;
• Horizontal curve data;
• Cut and/or fill slopes;
• Intersection design;
• Drainage facilities: Existing and proposed, including culvert size, length, and material;
centerline station and elevation; slope, and skew angle;
• Stormwater management facilities;
• Utilities: Existing and proposed, both above and below ground; and
• Any existing or proposed features that would be affected by the proposed road
construction, whether in or outside of the right-of-way.
Profile View
The profile view shall at a minimum depict:
• Existing elevations and proposed finished grades at 50 feet stations;
• Vertical curve data; and
• Drainage facilities.
MINIMUM STRUCTURAL SECTION
Privately-maintained roads:The typical minimum cross-section consists of 6 inches compacted
gravel base and 2 inches compacted crushed surfacing. A thicker structural section may be
required by Public Works based on roadway function or site soils. An alternative structural section
may be proposed based on analysis by a licensed civil engineer.
All materials used in the construction of the structural section shall meet the requirements of
the WSDOT Standard Specifications for Road, Bridge and Municipal Construction.
SURFACING
Privately-maintained roads: An improved roadway surface (asphalt or bituminous surface
treatment) is not required.
MATERIALS TESTING
Privately-maintained roads:The applicant shall be responsible for ensuring that materials and
construction methods conform to WSDOT Standard Specifications. At its discretion,the Public
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Works Department may direct replacement of materials that clearly do not meet specifications or
require testing of materials that appear not to meet specifications.
CROSS SLOPES
Local Service Roads and Rural Access Roads shall either be crowned at the centerline with -2%
cross slopes or have a continuous -2% cross slope from shoulder to shoulder. Stormwater
design must be taken into consideration when determining appropriate cross slope.
ROAD GRADE
Privately-maintained roads:
• Road grades shall not exceed 12% or require review without prior approval by the
appropriate Fire District.
• Road grades exceeding 12% may require an improved roadway surface, either hot mix asphalt
(HMA) or bituminous surface treatment (BST).
• Road grades shall not exceed 15%.
INTERSECTION DESIGN
The proposed road is an extension of an existing road and will terminate just beyond the access
to the Applicant's parcel to accommodate a turnaround area. Therefore, there are no new road
intersections within this project.
EMERGENCY TURNAROUNDS
Turnaround area(s) are required and shall conform to the Public Works Department's adopted
design standards. See Exhibit C.
HORIZONTAL CLEARANCE TO OBSTRUCTIONS
For roads with a posted speed limit of 25 MPH or less, a 10 feet wide clear zone shall be
maintained between the edge of traveled way and any obstructions.
UTILITIES
Utility installations shall meet the requirements of the Jefferson County Code, Chapter 13.56
Utilities. Any utilities installed within the right-of-way require review and approval for
installation and location within the right-of-way as determined through the utility permit
process.
It appears power and water have been installed within the right-of-way to service the
Applicant's parcel based on their building site plan. The location of these utility lines and
appurtenances (vaults, meters, valves, etc.) have not been reviewed or approved and may need
to be relocated. Service to the community drainfield as well as other communication utilities
will require review and approval through the utility permit process prior to installation.
Page 4 of 7
STREET LIGHTING
No street lighting is required. If the Applicant desires to install a street light, all costs associated
with the installation and maintenance are the responsibility of the Applicant and shall be
coordinated with the Jefferson County PUD#1.
ROAD APPROACHES
Road plans shall depict existing and proposed road approaches (Exhibit D)to the private
residence to be served. Approaches shall be an integral part of the roadway and constructed at
a location acceptable to the parcel owner(s).
DRAINAGE, EROSION CONTROL, AND STORMWATER MANAGEMENT
The Jefferson County Unified Development Code,Section 18.30.070 Stormwater Management
Standards adopts the standards of the Washington Department of Ecology Stormwater
Management Manual for Western Washington (most current version).
A Stormwater Management Permit is required for projects that exceed 2,000 square feet of
impervious surface or 7,000 square feet of land-disturbing activity. See Exhibit E for comments
from the Department of Community Development. The proponent shall contact the Jefferson
County Department of Community Development to discuss permit requirements and application
procedures:
Jefferson County Department of Community Development
612 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
There is an existing unpermitted cross culvert within the right-of-way proposed to be opened.
The potential downstream impacts of runoff from new impervious surface, driveway and
grading for the road and residence must be taken into consideration in the stormwater analysis
and facilities design.
MAINTENANCE AND NO PROTEST AGREEMENT
A Road & Stormwater Facility Maintenance and No Protest Agreement is required for this
facility on a public right-of-way.
Any privately maintained road and stormwater facility on public right-of-way shall be
maintained at the owners' expense and as outlined in the Road & Stormwater Facility
Maintenance and No Protest Agreement. A No Protest Agreement is required for any privately
maintained road on public right-of-way. The applicant has applied for a permit to construct a
privately-maintained gravel roadway on public right-of-way. With this report the County
Engineer has recommended that this request be approved. It is recognized that this private
road does not meet current County road standards for a public roadway which would require a
wider roadway with an asphalt paved or bituminous surface. In consideration of the County
agreeing to waive the requirements to construct to full public road standards, the Grantor must
Page 5 of 7
also enter into an agreement with the County not to protest the formation of a Road
Improvement District (RID) or other pro rata cost sharing mechanism to improve the roadway in
the future should improvements become necessary whether proposed by petition or by
resolution of the Board of County Commissioners or by both petition and resolution. The
Grantor(s) further agree to join in any proposed petition for such road improvements. See
Exhibit F for this Agreement.
ROADWAY CONSTRUCTION DOCUMENTATION, CERTIFICATION, AND MONUMENTATION
Construction Documentation
The applicant shall provide the Public Works Department with complete road plans in electronic
format to scale on 11x17 inch paper. Following completion of roadway construction, the
proponent shall submit to Public Works complete "As-Built" or "As Constructed" record
drawings. The drawings shall reflect any changes made to the original design. The proponent
or designee shall keep detailed records of the as constructed locations of all surface and
subsurface facilities to be included on the record As-Built or As-Constructed drawings.
Construction Certification
Certain items will need to be inspected during construction of these roadways. These
requirements will be identified once complete plans have been submitted to Public Works for
review.
Following completion of roadway construction the proponent shall submit to Public Works a
letter, affixed with the professional stamp of the Engineer of Record, certifying that the
roadway and stormwater management facilities have been constructed in accordance with the
design plans and specifications and all applicable federal, state and local agency requirements.
PERMIT
This report is not a Permit.
After the review and approval of all documents, plans, and/or reports required by this report,
and within three (3) years from the date of Board of County Commissioners approval of this
report, and prior to initiating construction, the applicant shall be issued a permit by the Public
Works Department. This Permit specifically outlines the arrangement between the applicant
and the County for work on public right-of-way by the applicant. The Permit will specify
insurance and bonding requirements, general provisions, and other requirements that are
applicable for work to be performed in County right-of-way. The Permit, once issued, will be
valid for one year from the date it is issued. The road right-of-way will not be considered to be
opened until all conditions of the permit are met and the permit is finalized. A sample copy of a
Permit is attached as Exhibit G.
OTHER PERMITS
Other permits and/or environmental review may be required for this project per Jefferson
County Unified Development Code (UDC). Any questions concerning the necessity of other
permits and/or environmental review and the processes should be directed to the Jefferson
Page 6 of 7
County Department of Community Development, 612 Sheridan Street, Port Townsend, WA
98368, Phone (360) 379-4450.
RECOMMENDATION:
Public Works recommends that this request to open County right-of-way to the standards and
requirements listed above be approved. This recommendation will be forwarded to the
Jefferson County Board of County Commissioners for approval by way of Resolution (Draft
Exhibit H). Once completed, inspected and all permit conditions met, the permit will be put in a
'Final' status and this road will be considered to be opened but will be privately maintained and
not become part of the County road system.
Monte Rein , .E. Date
Public Works Director/County Engineer
Page 7 of 7
EXHIBIT A
on(40N
y Departure t o r r S Receipt# DOi38
' L _ '�` ____ Check# -7-0)
623 Sheridan St,Port Toend WA98368 1 360-385-9160
per' wnsDate paid "-I0
441ING"C Mile post
OPEN RIGHT-OF-WAY PERMIT APPLICATION
$931.00 Fee
Make check payable to Jefferson County.Additional fees will apply per ordinance 02-0312-12.
Applicant Information jj asigna°i n a?:tk. , ,, .., ,., :>
:)0,50., A. [SA/S T
Property Owner Designated Agent
iak-coz-35-9'-I I-,a1s1- o Ina .eI r fc
Phone Email Phone Email
le, /-"1c/.z'c4s.cI OR
Mailing Address Mailing Address
City,State,Zip City,State,Zip
Project Information /
Purpose for request t/og open right-of-way: 0 cceiS it �r e,.0e L,sr djc11 i�i
I'til rR(NMJJex Ile„,.s t,
Name of road/right-of-way to be opened: 5cvt, 112 c c;,1, Or ✓C
Total length of right-of-way to be opened: 60 r
Property parcel number(s): ?5 r, 006/a 5 vz bca e:4.t �S—U,Zvcaf;,Z X.
Name of plat where road is located: Tr°1 lS e�.4 ,l -t - d /]c e^e s,)Le s
Attach any recorded surveys(list volume andi page nbers):
Nearest cross street: 5r, S c1 .* 17P S"Z
Other permits associated with this request(e.g.septic,building,stormwater): )1i)iga01Z') f005-eG A"Z- e
Will you be installing any utilities within the right-of-way? ri 1 fe xc,'s i-,;
Site Map
Attach a site plan or plat map that identifies the right-of-way to be opened and the parcels you own.The map
must include the cross street access point,access location to the applicant's property,and scale.
Acknowledgements and Signature
By signing the application form,the undersigned Applicant attests that the information provided herein is true and correct
to the best of his/her knowledge and agrees to all conditions on the permit.The Applicant also certifies that this application
is being made with the full knowledge and consent of all owners of the affected property.Any material falsehood or any
omission of material fact made by the Applicant/Owner with respect to this application packet may result in this permit being
null and void.
The Applicant has read this disclaimer and signs and dates it below.
�---- �� ,71 .../ Z. '/a — ooze)
Pr rty Owner or Designated Agent Signature Date
Application continued on next page. Page 1 of 2
Site Map
Attach or draw a site plan or plat map that identifies the right-of-way to be opened and the parcels you own.The
map must include the cross street access point,access location to the applicant's property,and scale.
Page 2 of 2
EXHIBIT B
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5' 858L. I r ! ; Q T
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1 ( ', I 1 i Ei 11 PRC. CT LOCAT1ONJ i .
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CLEARING AREA- NI I41
0.28 ACRES i Fes' i � r1 a; �
12,170 SF i+'', �:1 _) f 1 I 1
(Cross—Hatched) 1 , !; `) ' VICINITY MAP
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',? i ' - SCALE: 1" = 0.25 MI
1 t
t
=6G%� 1, fi PRO3Ett OONATINIFN
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B 0 t �t ! I I I . 1 ITEFEERSON COUNTY
BRIE J THORNE �L d I�� 1
T2 Es): OP
1 A L__ V I.L.1 1 i I 950280622, 950200621, 950280620
'ABANDON ARCH ,f0O41=20', 5IDES 8 REAR'S'
1
(SECTION 16, T27N, R01E, W.M.
a 'ADDRESS: 421 SOUTH BEACH DRIVE, PORT IWLOW, WA
622=8.13 ACRFS, 621=0.27 ACRES, 620=0.14 ACRES
1r JASON B KRISTINE 0A15TAD
•
432 ULIINIU SI APT B
KAILUA HI 96734-2522 iri
B*ISTADONANAWEQIM844014 tSIS§) 491'3144 0
OWNERS REPRESENTATIVE: JIM MANLEY m
(253) 222-8796
1 JIMDMANLEYMCOMCAST,NE1 1
No(<35%IMP) n
In Yes (>35%IMP)
< 800 SF w 4 =
aloe SF TO 5,000 SF -, s ^
❑S,BBB SF TO 18,000 SF r- 1
,B i1 m I, a: •> 10,888 Sf
RAY E CULVER Q< 7,000 SF W m mCC
v 7,000 SF TO 1 ACRE Y Z Z
! 391 S BEACH DR 1 ACRE " {innn 3
U < 2 y
h. u 5 - []<158 CY N n o O 0
.�759 CY TO 500 CY
508 CY TO 5,800 CV 0 W g
r >S.(EBB CY X 2
SITE PLAN J ° 20 40 60 Urban Growth Area
SCALE: 1" a E lO VERTICAL emus Urban Area V(-_[�L� 1U lu '
r7 �� ' Critical Drainage
GRAPHIC SCALE (in feet)
'44�� Critical Aquifer 'l;
ETs'nail ai Areas -LANDSLIDE, EROSION Z V
Dry. 0�-{5%411 •
EROSION CONTROL LEGEND SOIL MANAGEMENT (BMP T5.1 yLAr((r v<Y'y: [JSTAPlified Drainage Review-Engineered m Jti .31; 1
('E SUP C105,STABOJZED CONSTRUCTION ENTRANCE EXR. �bbrrvialyd Drainage Review-Engineered u i j x2
/ LANDSCAPE BEDS �4 LI1Vli Dr4inasE Review W .pg
CH BAP C751,CONCRETE HANDLING,
f Treatment -NUT REQUIRED a
O I LAWS(TURF) (1*) (low Control NOT REWIRES a Si7
`---' tJ M"48,.4'11 -SOIL NwaGEMENT... i
CL BMP C101,PRESERVE NATURAL VEGEISTION. (CLEARING UMTTS)lam ,-SOri TOT. AREAS
FF BAP C233,SILT FENCE.
ANTS PROTECT IS REQUIRES TO DAMEN
BAP C721,MDLCHINO. SEE TABLE 2-7. FINISHED CTICES(BAPTS,73:FbM•CaneNtm&FA-
MU SLOPES&AS OTHERWISEING. WARRANTED. coMOA ALL DISTURBED PERVIOUS SURFACE
INDICATED.SY AMENDING EXISTING SO Rt,�
MEP C202 CHANNEL UNII�&BAP C209 RIP-RAP,2_8 COMPOST,
IF PLO I f ED DRAWING SIZE IS NOT N RR
QUARRY SPALLS, OONNLYEDISTURBEDD AREAS
THAT
HAVE
BEE) 24RX36", DRAWING SCALE WILL BE z p�
TS BMP C 10,g TEMPORARY&PERMANENT SEEDING SEE IMPROVED, DIFFERENT THAN THE SCALE SHOWN <
STRIPPED O STOCKPILED EXISTING TOP! ! Q U 0')
SUBSTTTUTFD FOR 7HE COMPOST REQUIRE C DATA SOURCES: co,,
DATA INFORMATION SOURCES: SOIL MANAGEMENT Is NOT REQUIRED ON�_ 10' Rb
3,1. .�..M„I L>_.1 Z pJ
RECORD INFORMATION (Approximate) 8' J— En id CD
PROPERTY BOUNDARIES COMPOST SHALL BE WSDOT 9-14,4(B) •E"'—' ¢N
EQUIVALENT.
- TOPOGRAPHY I 2R `E a
- FEATURES & UTILITIES CRITERIA 8 APPLICATION RATES(Presc Z
SOURCES OF 'RECORD INFORMATION' INCLUDE: NINISCAPE BEDS: 3"OF COMPOST TILLEI ?'7
.1 cy lee sf 01", F lye
- JEFFERSON COUNTY ASSESSORS DRAWINGS � Z
RECORDS OF SURVEY WARNS TURF; 1-3/4''OF COMPOST TILUEQAp1+ A. o
R 4 Cy/1,000 sf ,, 4 bn I
- JEFFERSON COUNTY TOPOGRAPHY MAPS: NAVDBB �'+
- AERIAL PHOTOGRAPHY: GOOGLE EARTH 06/201B R 02 ,,,aI
- FIELD REVIEW CROSS—SECTION NA7
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EXHIBIT E
Terry Duff
From: Shannen Cartmel
Sent: Thursday, March 5, 2020 8:41 AM
To: Terry Duff
Subject: RAP20-00007 Balstad Open Right-of-Way Comments
Terry,
Jefferson County Department of Community Development requests a geotechnical report be completed that addresses
the construction of the road and the stability of the geologically hazardous area.Additionally, Community Development
requires the proposal be consistent with the 2019 Department of Ecology Stormwater Management Manual for Western
Washington and requests that Public Works reviews the stormwater proposal.
Respectfully,
Shannen Cartmel
Associate Planner
Jefferson County Community Development
621 Sheridan St., Port Townsend, WA 98368
Mon-Thurs 9am -4:30pm,closed from 12-1
Ph: 360-379-4454 Fax: 360-379-4451
scartmel@co.jefferson.wa.us
http://www.co.lefferson.wa.us
1
EXHIBIT F
When recorded please return to:
Jefferson County Department of Public Works
623 Sheridan Street
Port Townsend, WA 98368
•
ROAD & STORMWATER FACILITY
MAINTENANCE AGREEMENT
This MAINTENANCE AGREEMENT is made this day of , 2020 by Jason
Balstad, hereinafter GUARANTOR and Jefferson County, a municipal corporation, hereinafter
GUARANTEE.
1.0 RECITALS
1.1 GUARANTOR is the owner of certain real property in Section 16, Township 27 North, Range
1 East, W.M., Jefferson County, Washington; identified as Assessor's Parcel Number 950200620,
950200621 and 950500622; and referred to in this Agreement as the PROPERTY.
1.2 In conjunction with the GUARANTOR'S development of the PROPERTY under Jefferson
County Open Right-of-Way Application RAP20-00007, GUARANTEE has required and
GUARANTOR has agreed to construct a road and stormwater facility which includes collection,
conveyance, treatment, and infiltration facilities. The road and stormwater facility is described and
shown on a construction drawing for GUARANTOR'S development of the PROPERTY that is on
file with the appropriate agency,division, employee,or representative of Jefferson County.
1.3 As a condition of development approval, GUARANTOR has agreed to enter into this
Maintenance Agreement ensuring that the road and stormwater facility will be constructed and
maintained in accordance with the approved plans.
2.0 CONSTRUCTION AND MAINTENANCE
GUARANTOR agrees to construct and maintain a road and stormwater facility as shown on the
construction drawings described above. The road and stormwater facility shall be maintained and
preserved by GUARANTOR until such time as GUARANTOR, its heirs, successors, or assigns
and GUARANTEE agree that the facility should be dismantled, altered, abandoned, or removed.
3.0 NO REMOVAL
No part of the road and/or stormwater facility shall be dismantled, altered, or removed except as
necessary for maintenance,repair or replacement.
4.0 DISPUTE RESOLUTION
If a dispute arises between the parties to this Agreement regarding the road and stormwater
facility, GUARANTOR shall attempt to negotiate an appropriate resolution with GUARANTEE
represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level,
GUARANTOR may file an appeal with the Jefferson County Hearing Examiner as provided for in
the Jefferson County Unified Development Code.
Page 1 of 3
5.0 ENFORCEMENT
This Agreement may be enforced by GUARANTEE in law or equity against GUARANTOR, its
heirs, successors and assigns.
6.0 SUCCESSORS AND ASSIGNS
This Agreement shall run with the PROPERTY and be binding on GUARANTOR, its heirs,
successors and assigns.
7.0 NOTICE
GUARANTOR shall file this Agreement with the Jefferson County Auditor.
DATED this day of , 2020.
GUARANTOR
STATE OF WASHINGTON
ss
COUNTY OF
On this day personally appeared before me & to me
known to be the individuals described in and who executed the foregoing instrument,and acknowledged that they
signed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
Notary Public in and for the State of Washington
residing at
MY COMMISSION EXPIRES
ACCEPTED for JEFFERSON COUNTY by:
Monte Reinders, P.E. Date
Jefferson County Public Works Director/County Engineer
Page 2 of 3
STATE OF WASHINGTON
ss
COUNTY OF
On this day personally appeared before me to me known to be the individual described
in and who executed the foregoing instrument,and acknowledged that he signed the same as his free and voluntary
act and deed,for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
Notary Public in and for the State of Washington
residing at
MY COMMISSION EXPIRES
Page 3 of 3
When recorded please return to:
Jefferson County Public Works
623 Sheridan St.
Port Townsend, WA 98368
No Protest Agreement
Platted, Public Right of Way
Grantor(s): Jason Balstad
Grantee: County of JEFFERSON, a Washington municipal corporation
Reference: Open Right-of-Way Permit No. RAP20-00007
Assessor's Tax Parcel Number: 950200620, 950200621, 950200622
WHEREAS, the Grantor is owner of the parcels listed by owner and parcel identification number
above and said parcels are located adjacent to and adjoining a public, platted right of way; and
WHEREAS, approved access is a condition of development or redevelopment within platted,
public rights of way; and
WHEREAS, any agreement to establish a Road Improvement District (RID) to the public, platted
rights of way adjacent to or adjoining the parcels listed above are subject to the terms and
conditions of this No Protest Agreement
NOW THEREFORE, the GRANTOR covenants and agrees that at any time a Road Improvement
District (RID), including but not limited to a Local Improvement District (LID), Utility Local
Improvement District (ULID), or any other pro rata sharing of costs to construct, improve the
public, platted rights of way to the parcels listed above is formed and the parcels are subject to
a RID or within the service area of a RID, then the owners and successors in interest as their
interests as they may appear of the parcels hereby waive their right of protest to said RID
except as to the method of assessment and GRANTOR and GRANTEE acknowledge and confirm
that the terms and conditions of this Restrictive Covenant "touch upon the land" and shall "run
RID No Protest Agreement Page 1 of 2
with the land" or any part thereof described in this agreement for perpetuity.
DATED this day of , 2020.
PROPERTY OWNER:
Jason Balstad
PROPERTY OWNER:
STATE OF WASHINGTON)
ss.
COUNTY of JEFFERSON )
On this day personally appeared before me
to me known to the individual(s) described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and voluntary
act and deed, for the use and purposes therein mentioned.
Given under my hand and official seal this day of , 2020.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
RID No Protest Agreement Page 2 of 2
EXHIBITG
6/24/2020
S.CCEL� Conditions Associated With 10:04:13AM
�1r Case #: RAP20-00010
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
1007 ROW SURVEY None NOT MET 6/24/2020 TLD
The segment of Market St.to be opened shall be built on the platted centerline per the Local Service Road Standard Typical
Section. The right-of-way shall be located and the centerline staked by a surveyor licensed in the State of Washington.
1010 SIGHT BRUSHING None NOT MET 3/6/2020 TLD
The applicant shall be responsible for maintaining all vegetation to provide for the adequate sight distance adjacent to this
road approach.
1011 RESPONSIBLE None NOT MET 3/6/2020 TLD
The applicant shall be responsible for the cost to repair any and all damage to the county roadway and rights-of-way,
including the integrity of all survey monuments or boundary markers.
1019 CRUSHED SURFACING None NOT MET 3/20/2020 TLD
The approach to the Applicant's parcel must have a minimum of 3 inches of crushed rock per WSDOT Standard Spec
9-03.9(3),starting from the edge of the road and extending back a minimum of 20 feet for the full width of the access and its
radius.
1021 DEVELOPMENT MITIGATIVE MEASURES None NOT MET 3/6/2020 TLD
This permit is issued in conjunction with any mitigative measures assigned to this project through the development process.
1037 SURFACE WATER None NOT MET 3/6/2020 TLD
The grade of the approach shall follow the crown of the road and be such that no surface water is directed onto the new
segment of Market St.
1039 STORM WATER None NOT MET 3/6/2020 TLD
Prior to commencing land disturbing activity,the Applicant shall notify Jefferson County Public Works Department.
All temporary sedimentation and eriosion control measures,and protective measures for critical areas and significant trees,
shall be installed prior to initiating any construction activities.
In accordance with the Jefferson County Unified Development Code,Section 18.30.080(1)(f):Clearing,grading,and
construction of roads,bridges, utilities,and stormwater management facilities shall be inspected by JCPW. In order to enable
the department to conduct inspections in a timely manner,the applicant shall notify the department in a timely manner
regarding the project construction schedule.
The Applicant shall contact Jefferson County Public Works for the following inspections:
• Installation of temporary erosion and sediment control measures
• Clearing(and Grading)and road subgrade preparation;
• Placing roadway gravel base;
• Placing roadway crushed surfacing top course;
• Placing improved roadway surface(chip seal or asphalt concrete);
• Construction of stormwater management facilities(prior to backfill);
• (Additional inspections may be deemed necessary as project progresses.
1039 NO PROTEST AGREEMENT None NOT MET 3/6/2020 TLD
The Applicant must sign,record and return to Public Works the Road&Stormwater Facility Maintenance&No Protest
Agreement.
1039 STORMWATERAS BUILT LETTER None NOT MET 3/20/2020 TLD
Following completion of roadway construction,the Applicant shall submit to Public Works a letter,affixed with the
professional stamp of the Engineer of Record,certifying that the roadway and stormwater management facilities have been
constructed in accordance with the design plans and specifications and all applicable federal, state and local requirements.
1039 AS BUILT None NOT MET 3/6/2020 TLD
Following completion of roadway construction the Applicant shall submit to Public Works complete"As-Built" or
"As-Constructed"record drawings that reflect any changes made to the approved plans.
1039 CENTERLINE None NOT MET 6/18/2020 TLD
The segment of Market St.to be opened shall be build ont he platted centerline per the Rural Access Road Standard Typical
Section(See Engeineer's Report).
Page 1 of 2 CaseConditions..rpt
6/24/2020
CELAt ` Conditions Associated With 10:04:13AM
Case #: RAP20-00010
Condition Status Updated
Code Title Bold Status Changed By Tag Date By
1045 RAP ONLY None NOT MET 3/6/2020 TLD
This approval is for opening the segment of Market St. from its access point off Hadlock Ave. at mile post 0.212 left easterly
for approximately 200 feet and for the road approach to the Applicant's parcel only and does not constitute approval of other
activities within the right of way or on this parcel. Any future permits on this site are subject to review for consistency with
applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits.
1065 PRE-CON None NOT MET 3/6/2020 TLD
Applicant must give Jefferson County Public Works office(360-385-9159)a minimum of 7 working days notice prior to
beginning work. An on-site pre-construction conference shall be scheduled by the applicant and will include Public Works
and the contractor who will be performing the work. Prior to this meeting,any utility locate marks shall be done(Call 811-48
hours before you dig).
9140 P-PRIVATE ROAD APPROACH None NOT MET 3/6/2020 TLD
The Applicant may install a private road approach to the newly extended and constructed roadway to their parcel as shown on
the approved plans dated
9220 P-OPEN ROW None NOT MET 6/24/2020 TLD
The Applicant has permission to open a portion of platted Market St. from Hadlock Ave.at mile post 0.212 left easterly for
approximately 200 feet, in accordance with the Jefferson County Public Works Engineer's Report and approved plans dated
. The Engineer's Report specifies a road standard for a Local Service Road which does not meet the criteria
for a County road. Therefore,this section of right-of-way will not be maintained by the County.
Page 2 of 2 CaseConditions_rpt
EXHIBIT H
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution
to Construct a Road and Utilities on a ) Resolution No.
Portion of Public Right of Way
Known as Berner Nelson Rd. aka South Beach Dr.
WHEREAS, an application to construct roads and utilities on public right-of-way has been
submitted by Jason Balstad for the purpose of providing access to his property, and
WHEREAS, said development will require opening approximately 150 feet of platted Berner
Nelson Rd., aka South Beach Dr., and
WHEREAS,the Revised Code of Washington (RCW) 36.75 and 36.80 places the supervision of
right of way, including the development of road standards, under purview of the County Engineer, acting
under the supervision and authority of the Board of County Commissioners, and
WHEREAS, the applicant has proposed to construct roads to a standard less than what would be
required for public roads, and
WHEREAS, the County Engineer has examined the right of way and the existing road system and
the potential for future development and recommends that this request be approved provided the
standards described in the County Engineer's report dated June 25, 2020 are followed, and
WHEREAS, the applicant will be responsible for the maintenance of this section of roadway and
it is understood that the County will not be responsible for maintenance of this section of roadway and
that it will not be added to the official County Road log until such time as the road is improved to public
road standards and added to the County Road Log through Board action, and
WHEREAS, in lieu of requiring the road to be constructed to full public road standards at this
time,the applicant will be required to sign a no protest agreement waiving rights, except as to the
method of assessment, to protest formation of a pro-rata cost sharing arrangement such as a Road
Improvement District(RID) should it become necessary in the future to upgrade this road,whether
proposed by petition or a resolution of the Board of County Commissioners,
NOW,THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the following
right of way:
Berner nelson Rd. aka South Beach Dr. from the end of the previously opened segment
approved and constructed under RAP20-00007, running east approximately 150 feet.
BE IT FURTHER RESOLVED,that roads shall be constructed in general conformance with the standards
recommended in the County Engineer's report dated June 25, 2020.
BE IT FINALLY RESOLVED,that prior to performing construction the applicant shall receive any and all
necessary permits including a permit from the Department of Public Works specifying any conditions
that will be required by the County Engineer to insure that said standards are met and that the applicant
shall pay any inspection costs incurred by the Public Works Department to insure that these standards
are met.
ADOPTED this day of , 2020.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Greg Brotherton, Chair
David Sullivan, Member
Kate Dean, Member
ATTEST:
Carolyn Avery
Deputy Clerk of the Board