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J.rr.rlon County, WR JEFFERSON COUNTY PUB RESO 8,00
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When recorded retum to
Jefferson County Public Works
This road vacation affects parcel numbers: 975000000 & 901034001
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 61-00
Vacation ofa Portion of Donovan &
Elizabeth Streets, Plat of Nicholson's
Irondale Reservoir Addition
x
x
WHEREAS, the Jefferson Cmmty Board of Commissioners has reviewed a road vacation petition
submitted by the City of Port Townsend acting as Representative for Citifor; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on June 20, 2000; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments
from applicable departments, agencies and offices, and recommendations from the Jefferson County Public
Works Department and Jefferson COlmty Planning Department at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner determined at the public hearing that the
public will benefit from the vacation of these portions of Donovan & Elizabeth Streets., and such vacation
complies with the Jefferson County Comprehensive Plan and other applicable plans, policies or ordinances;
and
WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's
report of the public hearing and his recommendation for the vacation request and hereby adopts the Findings
ofthe Jefferson County Hearing Examiner dated June 28, 2000; and
NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to
RCW 36.87.140 and Jefferson County Road Vacation Ordinance No. 07-0809-99: A portion of platted
unopened Donovan Street being approximately 40' in width and 182' in length adjacent to and contiguous
with Lots 5, and; that portion of platted Elizabeth Street being approximately 60' in width and 422.12' in
length adjacent to and contiguous with Lots 5, 6 & portion of Lot 35, all located in Section 10, Township 29
North, Range 1 West, within the Plat of Nicholson's Ironda1e Reservoir Addition located at Page 133,
Volume 2 of Plats, records of Jefferson County, Washington. This vacation affects parcel numbers:
975000000 & 901034001. Any private easements may still exist.
ADOPTED TIllS -¡ ~ DAY OF ~ ' 2000,
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Glen Huntingford, Mem ryer '
1
BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
3
4
RE: Petition by Citifor, property)
owner, represented by City of Port)
Townsend, purchaser, to vacate)
portions of Donovan and Elizabeth)
Streets within the Plat of )
Nicholson's Irondale Reservoir)
Addi tion. )
)
)
File: Donovan & Elizabeth Streets
5
6
FINDINGS, CONCLUSIONS,
7
AND RECOMMENDATION
8
9
BACKGROUND INFORMATION
10
Property Location: Section 10, Township 29 North, Range 1 West, W.M.
11
Legal Description: Portion of platted Donovan Street being
12
approximately 40' in width and 304.18' in length adjacent to and
13
contiguous with Lots 5 &6¡ and that portion of platted Elizabeth
Street being approximately 60' in width and 422.14' in length adjacent
14
15
and continguous with Lots 5, 6 & portion of Lot 35, within the plat of
Nicholson's Irondale Reservoir Addition located at Page 133, Volume 2
16
17
of Plats, records of Jefferson County, Washington.
18
PROCEDURAL INFORMATION
19
Site Visit:
June 20, 2000.
20
Hearing Date:
June 20, 2000.
21 SEPA:
22 Notices:
23
24
Categorically exempt per WAC 197~11-800 (2) (h) .
Mailed:
April 11, 2000
Posted:
May 23, 2000
Publication:
June 7 and 14, 2000 (Port Townsend-
25
Jefferson County Leader).
26
TESTIMONY:
27
The public hearing was opened on June 20, 2000 ath 1:00 p.m. in the
28
After the procedures for the
Courthouse Lower Level Conference Room.
29
All testimony
public hearing were explained, testimony was accepted.
Citifor, Inc. / City of Port Townsend
Donovan St & Elizabeth St R/W
Findings, Conclusions
and Recommendation
Page 1
1
was taken under oath.
A verbatim recording of the public hearing was
2
made and is maintained in the Jefferson Permit Center file.
3
Terri Duff¡ Public Works Administrative Secretary¡ presented the Staff
4
Report and record.
5
David peterson¡ Port Townsend City Engineer
6
Bob Lacroix¡ Port Townsend Water Department Manager.
7
The public hearinç was closed at 1:20 p.m.
8
EXHIBITS:
9
Exhibit 1:
Staff Report together with Attachments A - L.
10
FINDINGS OF FACT
11
1.
Citifor¡ Inc.¡ is the current property owner and therefor the
12
petitioner.
The Citifor property is being purchased by the City of
13
Port Townsend for a second water reservoir.
14
2.
Nicholson¡s Irondale Reservoir Addition was platted in 1910 and
15
therefore not vacated under RCW 36.87.090.
16
3.
The intent of the Petitioner is to vacate a portion of these
17
streets to install a water reservoir.
The remainder of the lots
18
within the Plat are currently owned by Citifor¡ Inc.
19
4.
The City of ~ort Townsend has a reservoir on the east side of
20
Sommerville Road.
The new reservoir must be constructed at the same
21
hydraulic elevation in order to function efficiently.
22
5.
Lots 7¡ 8 & 9 would be landlocked by vacating Donovan Street as
23
petitioned.
Access to all other lots would be provided from other
24
streets within the plat or from Sommerville Road.
The County Engineer
25
recommends that that portion of the Donovan Street petition lying
26
north of the Elizabeth Street right-of-way be withdrawn from the
27
petition.
Testimony by the City representatives indicates that
28
modification of the petition could resolve the landlocked problems¡
29
and concurred with the County Engineer.
Citifor, Inc. I City of Port Townsend
Donovan St & Elizabeth St R/W
Findings, Conclusions
and Recommendation
Page 2
1
6.
The petitioned rights-of-way are not part of any proposed or
2
future trail projects, not do they provide access to any public
3
destination.
4
7.
The Jefferson County Tax Assessor calculates the petitioned area
5
of 0.86 acres to have a value of $3,000.00 per acre.
The overall
6
valuation is as follows:
.86 acres x $3000.00 per acre x 50%
7
(Compensation rate per Vacation Resolution) = $1,290.00 Total
8
Compensation. 1
9
8.
Agencies responses are as follows:
10
Attachment Agency Date Comment
"_... ,----.--. - --..--
A County Engineer 6/9/2000 APPROVE contingent on that
portion of Donovan St adjoining
Lot 6 being withdrawn.
B County Assessor 6/8/2000 Total Compensation == $1,290.00
C Dept of community 5/2/2000 Critical Area Mapping indicates
Development special Aquifer Protection Area
and Landslide Hazard Area 2.
~ Recommend Stormwater Management
Ordinance Best Management
Practices during construction.
--.....--.
Puget Sound Energy 4/14/2000 No objection - No facilities
--- ----......-
E US West 4/17/2000 No comment
----- -. -.
F Park & Recreation 5/10/2000 Vacation has no significance to
Advisory Board Parks and Recreation.
11
12
13
14
15
16
17
18
19
20
REVIEW CRITERIA
21
Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
22
Vacations, and in particular the review criteria of JCC 12.10.130.
23
CONCLUSIONS OF LAW-
24
The seven criteria specified by JCC 12.10.130 are each met,
1.
25
provided that the petition is revised to assure access to all Lots.
26
As noted in Finding 5, the City concurs with the recommendation
2.
27
of the City Engineer that a portion of Donovan Street be withdrawn
28
29
1 A reduction in the vacation area to avoid landlocking lots would result in a
new calculation of vacated area and Total compensation.
Citifor, Inc. / City of Port Townsend
Donovan St & Elizabeth St R/W
Page 3
Findings, Conclusions
and Recommendation
1
from the petition in order to provide future access to lots otherwise
2
landlocked by the proposed vacation.
The next issue becomes one of
3
assuring that a proper intersection with Sommerville Road and the
4
location of the access road and gate be coordinated.
After extensive
5
discussion in the public hearing'it was concluded that the Examiner
6
did not want to design the entrance road, that the City was willing
7
and needed to re-examine their site plan, and finally that all such
8
steps are best accomplished as part of the building permit process.
9
This discussion was raised by the Examiner because of the possibility
10
that the intersection of Donovan Street and Sommerville Road might be
11
too close to the reservoir service road entrance at Sommerville Road.
12
RECOMMENDATION
13
Based on the findings and conclusions above, the Hearing Examiner
14
recommends that the requested vacation be APPROVED, provided that a
15
portion of Donovan Street right-of-way is withdrawn from the petition
16
in accordance with Finding 5 and Conclusion 2 above.
17
DATED this 28th day of June 2000.
18
19
20
21
Irv Berteig
Jefferson County Hearing Examiner
ib
22
23
NOTICE:
24
A copy or notice of this Decision and Appeal Instructions was
25
transmitted by the Jefferson County Permit Center to the following:
26
Date Transmitted:
27
Citifor, Inc.
28
David Peterson, Port Townsend City Engineer
29
Bob Lacroix, Port Townsend Water Department Manager
Citifor, Inc. / City of Port Townsend
Donovan Sf & Elizabeth St R/W
Page 4
Findings, Conclusions
and Recommendation
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
Gary A. Rowe, RE, Public Works Director/County Engineer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Gary Rowe, P E, Public Works Director / County Engineer
June 9,2000
Engineer's Report on Request to Vacate - Portion of Elizabeth St. & Donovan St. in the
Plat of Nicholson's Irondale Reservoir Addition / Petitioner - Citifor/City of Port Townsend
~o¡~
In accordance with Ch 36.87 RCW, I have examined the above referenced road, and submit the following
report.
FINDINGS:
1 . Those portions of Elizabeth St. & Donovan St. requested for vacation were dedicated in the plat of
Nicholson's Irondale Reservoir Addition on April 4, 1910 and therefore are not vacated under Ch.
36.87.090 RCW.
2. The request is to vacate that portion of platted Donovan Street being approximately 40' in width and
304.18' in length adjacent to and contiguous with Lots 5 & 6, and; that portion of platted Elizabeth Street
being approximately 60' in width and 422.14' in length adjacent to and contiguous with Lots 5, 6 & portion of
Lot 35 all located in Section 10, Township 29 North, Range 1 West, within the Plat of Nicholson's Irondale
Reservoir Addition located at Page 133, Volume 2 of Plats, records of Jefferson County, Washington.
3. The intent of the Petitioner is to vacate a portion of these streets to install a water reservoir. The
remainder of the lots within the Plat are owned by Citifor.
4. Lots 7, 8 & 9 will be landlocked by vacating Donovan Street. Access is provided to the other lots
within the plat by other streets within the plat or Somerville Road.
5. The request area is zoned Rural Residential, one residence per 5 acres.
6. Presently, these rights of way are not part of any proposed or future trail projects nor do they provide
access to any public destination. Therefore, the public will benefit by returning this property to the tax
rolls, by enhancement of the developability of the property, and by increasing the taxable value of the
property once the vacation is completed. .
RECOMMENDAT1ON:
Therefore, based on the foregoing Findings, the Department of Public Works recommends that the Board
of County Commissioners approve this vacation request contingent on that portion of Donovan Street
adjoining Lot 6 being withdrawn from the vacation request area to provide for future access to lots 7,8 &
9. Consequently, the revised value calculation is as follows: Revised acreage .75 acres x $3,000.00 per
acre x 50% = $1,125.00 land compensation.
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