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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 Engineer
Agenda Date: March 22, 2021
Subject: Open Right -of -Way Request - McKinley St.
Statement of Issue:
Public Works has received an application to open a portion of platted McKinley St.
right-of-way for approximately 420 feet for access to the Applicant's parcel.
Analysis/Strategic Goals/Pro's Et Con's:
The proposed area of right-of-way to be opened is located within the Plat of Irondale
Acre Tracts. This road is not proposed to be a County Road, therefore the County will
not be responsible for maintenance should this request be approved.
Per RCW 36.80.030, the supervision of right of way, including the development of
road standards is under the review of the County Engineer, acting under the
supervision and authority of the Board of County Commissioners. The County Engineer
has prepared standards for opening County right-of-way at this location as outlined in
the attached report.
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:
Jefferson County Public Works recommends approval of this application to open a
portion of platted McKinley St. for approximately 420 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:
Philip Morley, County Administrator
Date
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution )
to Construct Roads and Utilities on a ) Resolution No.
Portion of Public Right of Way
Known as McKinley St.
WHEREAS, an application to construct roads and utilities on public right-of-way has been
submitted by Martin Kithcart for the purpose of providing access to parcels #962700047 & 962700048,
and
WHEREAS, said development will require opening approximately 420 feet of platted McKinley
St., 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 February 25, 2021 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:
Platted McKinley St. from its intersection with Washington Ln. at mile post 0.13 right. running
north approximately 420 feet.
BE IT FURTHER RESOLVED, that roads shall be constructed in general conformance with the standards
recommended in the County Engineer's report dated February 25, 2021.
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 2021.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
Heidi Eisenhour, Member
Greg Brotherton, Member
ATTEST:
Carolyn Galloway
Deputy Clerk of the Board
Jefferson County Public Works Department
County Engineer's Report
Open Right -of -Way Portion of Platted McKinley St., Irondale Acre Tracts
This Report is in response to an Open Right -of -Way Permit application (Exhibit A) submitted by
Marty Kithcart. 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: Plat of Irondale Acre Tracts
Road / Street Name: Platted McKinley St.
Adjacent to: Assessor Parcel #962700047 & 962700048
Distance: Approximately 420 feet
Sections 12, Township 29 North, Range 1 W
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 McKinley St. right-of-way (subject ROW)
to provide access to the Applicant's parcel #962700048 and the neighbor's adjoining parcel
#962700047.
The access to this segment of McKinley St. is off Washington Ln. at mile post 0.13 right.
Washington Ln. has a 14 foot wide chip sealed surface with 2 foot shoulders and ditches. The
McKinley St. ROW extends approximately 300 feet beyond the northerly boundary of parcel
#962700047 to a point where it intersects with Oak Bay Rd. The potential for this segment of
right-of-way to be opened is not likely based on the existing access to parcel #962700046 and
the overall safety of parcels' access to be from existing roads with local access designation, and,
as such, the subject ROW is unlikely to become a through road.
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, potentially serving less than 4 residences, and no potential for through
traffic, the typical section required will be for a "Rural Access Road" with a minimum 14 foot
wide traveled way and 20 foot unobstructed width. 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 are no existing residents on adjoining parcels that could use the subject ROW. There is a
church on an adjoining parcel which presently accesses off Oak Bay Rd. The projected Average
Daily Traffic (ADT) per residence is less than 10 trips per day.
SIGHT DISTANCE
Adequate sight distance must be met based on the criteria within the WSDOT design manual,
Chapter 1340 and/or the AASHTO design manual. The Applicant's Engineer shall analyze the
sight distance at the intersection of platted McKinley St. and Washington Ln. to verify and/or
correct any restrictions at the proposed approach.
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:
Page 2 of 7
• 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.
Page 3 of 7
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
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.
d•L1!Zc1:f11
Privately -maintained roads:
• Road grades shall not exceed 12% or require review without prior approval by the
appropriate Fire District.
Roads 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
• All intersections shall be designed so that the centerlines intersect as close to 90 degrees as
practicable and in all cases between 75 and 105 degrees.
• The road plans shall show the radii of the edge of the surfacing at intersections.
• The road plans shall show any features that are pertinent to the design of the intersection.
• Intersection design shall provide for adequate drainage.
• The design and construction must assure that minimum sight distance requirements are
met.
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.
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 proposed road approaches (Exhibit D) to the private residences to be
served. Approaches shall be an integral part of the roadway and constructed at locations
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
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. 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 for each parcel listed
under this open right-of-way application must 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
Page 5 of 7
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
County Department of Community Development, 612 Sheridan Street, Port Townsend, WA
98368, Phone (360) 379-4450.
Page 6 of 7
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 becomg-Rrt of tbe-�ounty road system
Monte Reinders, P.E.
Public Works Director / County Engineer
Page 7 of 7
Date
EXHIBIT A
DI
.—Department of Public Works
623 Sheridan St, Port Townsend, WA 98368 1 360-385-9160
I�.SIII�Fi���
OPEN RIGHT-OF-WAY PERMIT APPLICATION
ce sea
Permit #
Receipt #
Check #
Date paid _ f
Mile post
$931.00 Fee
,Make check payable to Jefferson County. Additional fees will apply per ordinance 02-0312-12.
Applicant Information
Property Ow r
Phnnp 9 Finail r
eMai
t
City, State, Zip
Designation of Agent (fin out only if applicable)
Designated Agent
Phone Ernail
Mailing Address
City, State, Zip
Project Information
Purpose for request to open right-of-way: [On mpkN
Name of road/right-of-way to be opened: 'n
Total length of right-of-way to be opened:—.
Property parcel num:ber(s): _� d
Name of plat where road is located:
Attach any recorded sure ys (list volume and page numbers):
Nearest cross street:
Other permits associated with this request (e.g. septic, building, stormwater): Rb2b —00
Will you be installing any utilities within the right-of-way? /V0
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.
Proper wner or Designated Agent Sig Date
Application continued on next page, Page 1 of 2
Site Map
Attach Jor 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
EROSION CONTROL NOTES: LEGEND;
�� - -- ... PROPERTY BOUNDARY
1. ALL EROSION CONTROL MEASURES SHALL BE CONTRUCTED AND MAINTAINED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MOST CURRENT EDITION OF THE - -- - - PROPERTY SETBACK
STORMWATER MANAGEMENT MANUAL FOR WESTERN WASHINGTON. - - - ROAD C:NTERLINE
, •,SEPTIC SYSTEM
[ ! 7 ALL DISTURBED AREAS, EXCEPT THOSE ON WHICH ACTIVE CONSTRUCTION IS TAKING PLACE, SHALL BE EITHER SEEDED AND MULCHED OR PROTECTED WITH ... BUILDING ROOF EDGE
APPROPRIATE PLASTIC SHEETING WITHIN 2 DAYS OF DISTURBANCE BETWEEN OCTOBER 1 AND APRIL 30 AND WITHIN 7 DAYS BETWEEN MAY 1 AND SEPTEMBER 30. BUILDING WALL EDGE
.1 WTR WTR WTR WATER SERVICE LINE
TABILIZED CONSTRUCTION ENTRANCE SHALL BE CONSTRUCTED AND APPROVED PRIOR TO SITE GRADING AND/OR FOUNDATION EXCAVATION. — UGP -- UGP UGP — ... POWER SERVICE LINE
�- — — .. EXISTIN3 DITCH LINE
4, ALL EROSION CONTROL MEASURES SHALL BE INSPECTED MONTHLY AND AFTER MAJOR STORM EVENTS, ANY DEFICIENCIES SHALL BE REPAIRED IMMEDIATELY. -' - "- - - — • PROPOSED STORM LINE
EXISTIN3 STORM LINE
JrFFER SON COull DC. '. ANY MUD THAT IS CARRIED OFFSITE BY VEHICLE WHEELS AND DEPOSITED ON PUBLIC ROADWAYS SHALL BE CANED UP IMMEDIATELY. _— _—` _— FLOW PATH DISTANCE
——_----- ---`-- 1 „, EXISTING ROAD
L—_— __..._____--_,...J
6. ADJACENT PROPERTIES SHALL BE PROTECTED FROM SEDIMENT DEPOSITION BY APPROPRIATE USE OF VEGE-ATIVE BUFFER STRIPS, SEDIMENT BARRIERS OR P — — — — — — — — — - r — — — —
FILTERS, DIKES OR MULCHING, OR BY A COMBINATION OF THESE MEASURES. _ _ j ••• PROPOSED DRIVEWAY
1 I ... 2' TRANSITION ZONE
I I X.WATER METER
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INSTALL DISPERSION L - �FLOW PATH I
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INSTALL APPROX.120 L.F.
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INSTALL CONSTRUCTION
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EX. ROADSIDE �
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DATE:
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FILE:
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EXHIBIT E
Department of Public Works
Jefferson County, Washington
September 16, 2020
Jefferson County Department
of Community Development
Re: Open Right -of -Way Application
Platted McKinley St.
Applicant — Marty Kithcart
APN: 962700048 & 962700047
623 Sheridan Street
Port Townsend, WA 98368
360-385-9160
f, /0 (4,V'ZA-"
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Jefferson County Public Works has received an application to open the right-of-way of
platted McKinley St. within the plat of Irondale Acre Tracts and is forwarding it to you for
your review and comment in determining compliance with the Unified Development
Code, i.e., critical areas, stormwater, SEPA, etc. The proposed new road will be
approximately 600' in length with a minimum cleared area of 20' in width.
Comments must be received within fourteen (14) days or by October 1, 2020. If no
written response has been received by this date, your department will be presumed to
have no comments. If necessary, an extension of time may be granted upon request or
if there are additional questions regarding this application.
Sincerely,
Terry IDu,Eng. III
Jefferson County Public Works
tduff@co.jefferson.wa.us
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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): Marty Kithcart
Grantee: County of JEFFERSON, a Washington municipal corporation
Reference: Open Right -of -Way Permit No. RAP20-00052
Assessor's Tax Parcel Number: 962700048
WHEREAS, the Grantor is owner of the parcel listed by owner and parcel identification number
above and said parcel is 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 I of 2
with the land" or any part thereof described in this agreement for perpetuity.
DATED this day of 12021.
STATE OF WASHINGTON)
ss.
COUNTY of JEFFERSON )
PROPERTY OWNER:
Marty Kithcart
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 12021.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
RID No Protest Agreement Page 2 of 2
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): Paul Shirts
Grantee: County of JEFFERSON, a Washington municipal corporation
Reference: Open Right -of -Way Permit No. RAP20-00052
Assessor's Tax Parcel Number: 962700047
WHEREAS, the Grantor is owner of the parcel listed by owner and parcel identification number
above and said parcel is 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 I of 2
with the land" or any part thereof described in this agreement for perpetuity.
DATED this day of 12021.
STATE OF WASHINGTON)
ss.
COUNTY of JEFFERSON )
PROPERTY OWNER:
Paul Shirts
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 12021.
NOTARY PUBLIC in and for the State of Washington
residing at
My commission expires:
RID No Protest Agreement Page 2 of 2
When recorded please return to:
Jefferson County Department of Public Works
623 Sheridan Street
Port Townsend, WA 98368
ROAD & STORMWATER FACILITY
MAINTENANCE & NO PROTEST AGREEMENT
This MAINTENANCE AGREEMENT is made this day of , 2021 by Marty
Kithcart and Paul Shirts hereinafter GUARANTORS and Jefferson County, a municipal corporation,
hereinafter GUARANTEE.
1.0 RECITALS
1.1 GUARANTORS are the owners of certain real property in the Plat of Irondale Acre Tracts,
Section 12, Township 29N, Range 1 West, W.M., Jefferson County, Washington; Volume 2 of
Plats, Page 145, identified as Tracts 47 & 48, Assessor's Parcel Numbers 937400047 &
962700048, and referred to in this Agreement as the PROPERTY.
1.2 In conjunction with the GUARANTORS development of the PROPERTY under Jefferson
County Open Right -of -Way Application RAP20-00055, GUARANTEE has required and
GUARANTORS have 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 GUARANTORS 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, GUARANTORS have 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.
1.4 Any agreement to establish a Road Improvement District (RID) to the public, platted
rights of adjacent to or adjoining the parcel(s) listed above are subject to the terms and
conditions of this Agreement
The establishment of a Road Improvement District (RID) may be formed in which the owners and
successors hereby waive their right to protest said RID except as to the method of assessment.
2.0 CONSTRUCTION AND MAINTENANCE
GUARANTORS agree 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 GUARANTORS until such time as GUARANTORS, their 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
Page 1 of 3
necessary for maintenance, repair or replacement.
4.0 NO PROTEST — IMPROVEMENT DISTRICT
GUARANTORS 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 parcel(s) listed above is formed and the parcel(s)
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
4.0 DISPUTE RESOLUTION
If a dispute arises between the parties to this Agreement regarding the road and stormwater
facility, GUARANTORS shall attempt to negotiate an appropriate resolution with GUARANTEE
represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level,
GUARANTORS may file an appeal with the Jefferson County Hearing Examiner as provided for
in the Jefferson County Unified Development Code.
5.0 ENFORCEMENT
This Agreement may be enforced by GUARANTEE in law or equity against GUARANTORS,
their heirs, successors and assigns.
6.0 SUCCESSORS AND ASSIGNS
This Agreement shall run with the PROPERTY and be binding on GUARANTORS, their heirs,
successors and assigns.
7.0 NOTICE
GUARANTORS shall file this Agreement with the Jefferson County Auditor.
DATED this day of , 2021 DATED this day of , 2021
GUARANTOR
STATE OF WASHINGTON
ss
COUNTY OF
GUARANTOR
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.
Page 2 of 3
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
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 A
MY COMMISSION EXPIRES
Page 3 of 3
EXHIBIT G
2/8/2021
�ACCELA> Conditions Associated With 2:09:38PM
Case #: RAP2020-00055
Condition
Status Updated
Code Title Hold Status Changed By Tag Date By
0701 PERMIT ON SITE None NOT MET 2/8/2021 TLD
This permit must be located on site when any work encompassed by the permit is being performed. Failure to do so may
result in suspension of all work.
1000 CULVERT 12" None NOT MET 2/8/2021 TLD
A minimum 12 inch diameter culvert, not to exceed feet in length, to accommodate a 10 to 16 foot wide driveway with
10-25 foot approach radius shall be installed in accordance with the approved plans dated and attached to this
permit.
1007 ROW SURVEY None NOT MET 2/8/2021 TLD
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 2/8/2021
TLD
The applicant shall be responsible for maintaining all vegetation to provide for the adequate sight distance adjacent to this
road approach.
1010
SIGHT BRUSHING None NOT MET 2/8/2021
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 2/8/2021
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.
1021
DEVELOPMENT MITIGATIVE MEASURES None NOT MET 2/8/2021
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 2/8/2021
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 McKinley St.
1039
NO PROTEST AGREEMENT None NOT MET 2/8/2021
TLD
The Applicant must sign, record and return to Public Works the Road & Stormwater Facility Maintenance & No Protest
Agreements.
1039
STORMWATER CERTIFICATION LTR None NOT MET 2/8/2021
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 2/8/2021
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 2/8/2021
TLD
The segment of McKinley St. to be opened shall be build on the platted centerline per the Rural Access Road Standard
Typical Section (See Engeineer's Report).
1045
RAP ONLY None NOT MET 2/8/2021
TLD
This approval is for this Open Right -of -Way Permit and assoctiated approvals as it relates to this permit 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 2/8/2021
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).
1070
FINAL INSPECTION None NOT MET 2/8/2021
TLD
The Applicant must contact the Public Works Department for a final inspection upon completion of construction.
9140
P-PRIVATE ROAD APPROACH None NOT MET 2/8/2021
TLD
Page 1 of 2 CaseConditions..rpt
2/8/2021
<A'CCEL/> Conditions Associated With 2:09:38PM
Case #: RAP2020-00055
Condition Status UpdAted
Code Title Hold Status Changed By Tag Date By
The Applicant may install a private road approach to the newly extended and constructed roadway to both parcels as shown
on the approved plans dated
9220 P-OPEN ROW None NOT MET 2/8/2021 TLD
The Applicant has permission to open a portion of platted McKinley St. from Washington Ln., mile post 0.13 left, for a
distance of approximately 300 feet, in accordance with the Jefferson County Public Works Engineer's Report and approved
plans dated , 2021. The Engineer's Report specifies a road standard for a Rural Access 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 Roads and Utilities on a ] Resolution No.
Portion of Public Right of Way
Known as McKinley St.
WHEREAS, an application to construct roads and utilities on public right-of-way has been
submitted by Martin Kithcart for the purpose of providing access to parcels #96270004 & 962700048,
and
WHEREAS, said development will require opening approximately 300 feet of platted McKinley
St., 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 , 2021 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:
Platted McKinely St. from its intersection with Washington Ln. at mile post 0.13 right. running
north approximately 300 feet.
BE IT FURTHER RESOLVED, that roads shall be constructed in general conformance with the standards
recommended in the County Engineer's report dated 2021.
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 2021.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, Chair
Heidi Eisenhour, Member
Greg Brotherton, Member
ATTEST:
Carolyn Galloway
Deputy Clerk of the Board