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When recorded return to
Jefferson Cowlty Public Works
fhru.J ~ 5 txJ J 3'-1XO5
OúJ3I.j;;;.a'JIo+ (x)/~
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
83-98
RESOLUTION NO.
Vacation of a Portion of
Prospect Ave.
x
x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
initiated by Jefferson County Public Works; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road
vacation petition on August 18, 1998; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public,
comments from applicable departments, agencies and offices, and recommendation from the
Jefferson County Public Works Department and Jefferson County 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 this section of road 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 of the Jefferson County Hearing Examiner dated August 31, 1998,
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. 01~0102-96:
that portion of the Southeast Quarter of the Northwest Quarter of Section 34, Township 30
North, Range 1 West, W.M. being a portion of those certain tracts of land as previously
granted to Jefferson County, December 11, 1962, Auditor File Number 174251, Volume 160,
Page 54, records of Jefferson County, more particularly described as follows:
A strip of land being 60 feet in width, lying 30 feet on each side of the following
described centerline:
Commencing at the North Quarter Corner of said Section 34, Township 30 North,
Range 1 West, W.M.; thence South 01 °--34'-44" West, along the Easterly limits of the
Northwest Quarter of said Section 34, a distance of 1319.40 feet, to the Northeast
corner of the Southeast Quarter of the Northwest Quarter of said Section 34, and the
TRUE POINT OF BEGINNING;
Thence North 88°-17'-44" West, along the Northerly limits of said Southeast Quarter
of the Northwest Quarter, a distance of 150.00 feet;
Thence South 70°-42'-46" West, a distance of 1,254.49 feet, to the Westerly limits of
the said Southeast Quarter of the Northwest Quarter of said Section 34;
Thence continuing South 700~42'~46" West, a distance of 708.02 feet to the Westerly
limits of the said East half of the Southwest Quarter of the Northwest Quarter of Section
34, and TERMINUS of this portion of the described centerline.
Except that portion from the TRUE POINT OF BEGINNING, along the Northerly limits of
the Southeast Quarter of the Northwest Quarter of Section 34, for a distance of 150
feet, the strip of land shall only be 30 feet in width (as measured perpendicular to the
SEP 2 9 1998
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Northerly limits of the Southeast Quarter of the Northwest Quarter), and shall lay
Southerly of said Northerly limits.
The Northerly and Southerly limits of said strip of land being prolonged and
foreshortened to extend to the adjacent limits of the named Section subdivisional or property
boundary portion, as herein referenced. This vacation affects parcel numbers: 001342005,
001342006 & 001342093. Any easements my still exist.
, ,
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ADOPTED THIS ;~x) t/l , DAY OF-
. ,
,,"
, 1998.
.
ATfEST:~ S)'i ::. .)/' '
-,"
d~a ÐoQ~
Lorna L. Delaney'
Clerk of the Board
VOL
24rAf,~
2756
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JEFFERSON COUNTY EXCI~
Alt. No. 0 8 5 3 81
Date pa¡{fEll~!Amt. p-
qy
4~14779
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~'~;'I.tbë!DGE
JEFFERSOI¡ CrU1';TY AUDITOR
~PUTY
WHEN RECORDED RETURN TO
Jefferson County
Public Works Department
P.O. Box 2070
Port Townsend, WA 98368
STATUTORY WARRANTY DEED
IN THE MATTER OF JEFFERSON COUNTY Road No. 680609, Prospect Avenue:
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, W. E. Seton and Marilyn J. Seton, husband and
wife, with a local address of 4890 South Discovery Road, Port Townsend, Washington 98368, for and in
consideration of $ 10.00 DOLLARS and other valuable consideration, conveys and warrants fee simple interest
to the Grantee, JEFFERSON COUNTY, a Municipal Corporation, the following described real estate, situated in
the County of Jefferson, State of Washington:
See attached EXHIBIT" A" LEGAL DESCRIPTION
66 yt¡. NItJ 14 See.. 34, T30IJ
R-I v./elk. je€. f}¡ .3Por- add-I.
le<gCtI ~rlp+íOI",.
Subject to any easements and reservations of record.
A portion of Assessor Parcel Numbers: 001342005 & 001342006
The land being conveyed herein contains an area of 1.45 acres more or less.
This Conveyance is for the purpose of establishing County ownership of the Prospect Avenue rights of way
as previously described. It shall not create any additional lots, tracts, parcels, or division.
All situate in the County of Jefferson, State of Washington.
1;1(~ ,1998.
Dated this
/ '1--- day of
GRANTOR:
BY ~1:n~~
BY ~~S-R~
ACCEITED:
GRANTEE: .
Dated this .QJ c¡ ~
Q :} ,
day of ~' 1998.
JEFFERSON COUNTY
BOARD OF COMMI SlONE
Seton prospaveSWD2-998
1
SEP 2 9 \996
VOL
24 fAŒ
2757
VOl..
622 f(~~{ 418
"
STATE OF WASHINGTON
)
)ss.
)
COUNTY OF JEFFERSON
I certify that I know or have satisfactory evidence that W.E. Seton and Marilyn J. Seton are the persons
who appeared before me, and said persons acknowledged that said person signed this instrument, on oath
stated that said persons were authorized to execute the instrument and acknowledge it to be the free and
voluntary act of such persons for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal this ~ day of
, 1998.
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My Commission expires
STATE OF WASHINGTON
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COUNTY OF JEFFERSON
Af '
On thisdl{ day of ~~~1998, before me personally appeared Daniel Harpole, Glen Huntingford
and Richard Wojt, to be known to be the entire body of the Board of Jefferson County Commissioners that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said county for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument and that the seal affixed is the county seal of said county.
Witness my hand and official seal affixed the day and year first abov~
GIVEN under my hand and official seal this r-:211ÁJt day of -(?~f
Seton prospavcSWD2-998
VOL
2
24rAU
~58
VOL
622 fA~t 419
. .'" , .
".
EXHIBIT" A " LEGAL DESCRIPTION
W. E. Seton, etux, to Jefferson County Public Works Department
(Being that portion of the existing Prospect Avenue usage Road through the SENW)(APN 001 342005 & 001 342
006)
That portion of the Southeast Quarter of the Northwest Quarter of Section 34 Township 30 North, Range 1 West,
Willamette Meridian as described herein:
A strip ofland, 60 feet in width, lying 30 feet, (as measured perpendicular to) on each side of the herein-described
centerline; encompassing all real property contained within the area now lying Northerly and Southerly of said
herein-described centerline of the Prospect Avenue County usage road, as same is now constructed, and existing
within said Southeast Quarter of the Northwest Quarter, and described as follows:
Commencing at dIe North One-Quarter Corner of said Section 34, Township 30 North, Range 1 West, Willamette
Meridian; dlence S. 01 °-34'-44" W., along the Easterly Limits of the Northwest Quarter of said Section 34, a
distance of 1319.40 feet to dIe Northeast Corner of the Southeast Quarter of the Northwest Quarter of said Section
34; thence N. 88°-17'~14" W., along the Northerly Limits of said Southeast Quarter of the Northwest Quarter, a
distance of 332.63 feet to the TRUE POINT OF BEGINNING; thence S. 71°-47'-33" W., a distance of 1,051.55
feet, to the Westerly Limits of the said Soudleast Quarter of the Northwest Quarter of said Section 34, and
TERMINUS of said described centerline.
The Northerly and Southerly Limits of said strip of land being prolonged and fore-shortened to extend to the
adjacent linlits ofthe named Section sub divisional portion, as here-in described.
Situate in Jefferson County, Washington
Seton prospaveSWD2-998
3
VOL
2 4 r~f,~
2759
VOL
622 1'k~t 420
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DONì~.'\ I ì. EU:-:1IDGE
JEFFERSOr! COl.::Tr Y AUDITOR
~DErUTY
JEfFER,)ûN COUNTY EXCISE 1&
Att. No__. 0_8 _S 3 BJ>
Date Paid ~lZ-.~.l~~ìrnt. ø
fJy ù-1
WHEN RECORDED RETURN TO
Jefferson County
Public Works Department
P.O. Box 2070
Port Townsend, WA 98368
STATUTORY WARRANTY DEED
IN THE MATTER OF JEFFERSON COUNTY Road No. 680609, Prospect Avenue:
¡-tv
/KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Discovery Timber Company,--a~;;PQtor:l~
y/ GGr-peFatiøn; with a local address of 4890 South Discovery Road, Port Townsend, Washington 98368, for and
lv' in consideration of $ 10.00 DOLLARS and other valuable consideration, conveys and warrants fee simple
interest to, the Grantee JEFFERSON COUNTY, a Municipal Corporation, the following described real estate,
situated in the County of Jefferson, State of Washington:
See Attached EXHIBIT" A" LEGAL DESCRIPTION - £ Y:2...s lJ '14- JJW '14 ~ c... 34J.,
~í 3'0 ^' R'I vd es+.' 6e.¿ fXJ ~
Subject to any easements and reservations of record.--Por odoi...l. le..ga I cJ.e.5/!.rlp-lIOl'\.
A portion of Assessor Parcel Number: 001342003
The land being conveyed herein contains an area of .96 acres more or less.
This Conveyance is for the purpose of establishing County ownership of the Prospect Avenue rights of way
as previously described. It shall not create any additional lots, tracts, parcels, or division,
All situate in the County of Jefferson, State of Washington.
?-fl k.,11-1 ~'£/L-
Dated this ./4r day of (J;.-.......f{ Á ê ,'~ ,1998,
GRANTOR:
::c~
W.E. TO
Its:
MANAGER
ACCEPTED:
GRANTEE: , 1\+
D"edth;S~dayOf f>~
, 1998.
JEFFERSON COUNTY
BOARD OF COMMISSIQNE
dtSeton prospaveSWDl-998
1
VOL
2 4 r~U
2760
SEP 2 9 1996
VOL
622, ":~r421
STATE OF WASHINGTON)
COUNTY OF JEFFERSON :ss. t?
On this day personally appeared bet/re me W.E, Seton to me known to be the MANAGER of the Discovery
Timber Company, ,.th9--G9fpomtio~~ that executed the foregoing instrument, and acknowledged that said
instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein
mentioned, and on oath, stated that he was authorized to execute said instrument and that the seal affixed is
the corporate seal of the corporation,
GIVEN under my hand and official seal this
~ day of
Ç2
~.
, 1998.
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Notary Public i
residing at
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My Commission expires
STATE OF WASHINGTON
)
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)
COUNTY OF JEFFERSON
On this ;(I~ay Of~, 1998, before me personally appeared Daniel Harpole, Glen Huntingford
and Richard Woit, to be known to be the entire body of the Board of Jefferson County Commissioners that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said county for the uses and purposes therein mentioned, and on oath stated that they are
authorized to execute the said instrument and that the seal affixed is the county seal of said county.
Witness my hand and official.s~al affixe~ the:J!ž¡ and year first above ~ ..'-'; ,"--j '~
GIVEN under my hand and official seal this ~dayof "",-Sri ,1998. '.\)\\~;Vil"'.
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2761
VOL
622 V;'~t 422
VOI~
, .
, '
EXHIBIT" A "
Discovery Timber CO., et ai, to Jefferson County
(Being a portion of the existing Prospect Avenue usage Road through the E1/2 SENW)(APN 001 342003)
That portion of the East half of the Southwest Quarter of the Northwest Quarter of Section 34 Township 30 North,
Range 1 West, Willamette Meridian described as follows:
A strip of land, 60 feet in width, lying 30 feet (as measured perpendicular to) on each side of the herein-described
centerline; encompassing all real property contained within the area now lying Northerly and Southerly of said
herein-described centerline of the Prospect Avenue County usage road, as same is now constructed, and existing
within said East half of the Southwest Quarter of the Northwest Quarter, and described as follows:
Commencing at the North One-Quarter Comer of said Section 34, Township 30 North, Range 1 West, Willamette
Meridian; tllence S. 01 0-34'-44" W., along the Easterly Limits of the Northwest Quarter of said Section 34, a
distance of 1319.40 feet to the Nortlleast Comer of the Southeast Quarter of the Northwest Quarter of said Section
34; thence N. 880-17'-14" W., along the Northerly Limits of said Southeast Quarter of the Northwest Quarter, a
distance of 332.63 feet; thence S- 710-47'-33" W., a distance of 1,051.55 feet, to the Westerly Limits of the said
Southeast Quarter of the Northwest Quarter of said Section 34, and TRUE POINT OF BEGINNING of said
described centerline; thence continuing S 710-47'-33" W., a distance of 703.00 feet, to the Westerly Limits of the
East Half of the Southwest Quarter of the Northwest Quarter, and TERMINUS of tllis described centerline.
TIle Northerly & Southerly Limits of said strip of land being prolonged and fore-shortened to extend to the adjacent
limits of the named Section subdivisional portion, as here-in described.
Situate in Jefferson County, Washington.
dtSeton prospaveSWDI-998
3
24 rM-'
VOL
fiZZ \.~~t 423
2762
','0'-.
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Df~j
Çw
9~n JEFFION COUN1Y BOARD OF COMMISS¡aRS-
PROSPECT AVENUE V ACA nON
-----
0
Consent Agenda Item
0
Regular Business
(check one)
DEPARTMENT: Public Works
FOR WEEK OF: September 21.1998
1.
Description -- a brief description of the agenda item: Please include project, road, contract, grant, etc. number if one is
available for the Commissioner Index.
Road Vacation initiated by Resolution to vacate a portion of unused, but Deeded RlGHT OF WAY in return for Deeded
right of way (as compensation) for the existing portion of Prospect Avenue, County Road No. 680609.
2.
Issue -- a short outline of the issue: including policy issue falls within; strategy or objective issue supports; key reference
areas (law/policy/regulation)..
The Department of Public Works is initiating this vacation in order to establish accurate right of way ownership for the as-
built location for a portion of Prospect Ave, which was built northerly of the Deeded right of way, as a result of surveying
errors. As compensation for the clearing of title on the Deeded portion of adjacent property, the owner will provide the
Cmlllty with Statutory Warranty Deeds for the equivalent and existing Prospect Ave. right of way.
3.
Opportunity Analysis --What is the type of action Board is being asked to take: Discussion/decision--if decision--what
is the range of possible solutions considered by the department in preparing its recommendation.
The Board of County Commissioners is requested to sign the Resolution vacating the unused, inaccesslble but deeded
portion of.P1~ospect Ave. AND fonnal1y accept the Statutory Warranty Deeds granted to the County for the existing location
of Prospect Avenue, lying 30 feet on each side oftbe existing Prospect Ave. centerline.
This situation offers the Department of Public Works the opportunity to correct and re-establish this portion of Prospect Ave.
right of way, previously considered as usage only, in a cost efficient manner. -
4.
Specific Departmental Recommendation -- why was the action recommended and what would be the impact of not
taking the action: What specific action is necessary by the BDee approval - adoption - deny - remand back to
department
The Hearings Examiner and the Department of Public Works recommend the vacation action and therefore the signing of
the Resolution to Vacate and acceptance of the Statutory WaJTanty Deeds.
Please sign the enclosed resolution and the acceptance for the enclosed Statutory Warranty Deeds where indicated and return
to Will Butterfield, Department ofPub1íc Works for further processing.
Thank you.
VOi-
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2763
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1
BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
3
4
RE: n -Peti tion by Jefferson County
Public Works Department to vacate
a portion of land dedicated but
not used as Prospect Avenue.
) File No. Prospect Avenue RW
)
)
)
) FINDINGS, CONCLUSIONS,
)
) AND RECOMMENDATION
)
)
SEP - I ,:;,:,:~,
5
6
7
8
9
BACKGROUND INFORMATION
10
Petitioner:
Jefferson County Public Works Department
'--..----
11
Property Location:
The right-of-way in question is located east of
12
Beaver Valley Road and south and generally parallels the actual
13
Prospect Avenue.
14
A strip of land being 60 feet in width, 1y{ng 30
Legal Description:
15
feet on each side of the following described centerline:
Commencing at the North Quarter Corner of said Section 34, Township 30
North, Range 1 West, W.M.; thence South 01°-34'-44" West, along the
Easterly limits of the Northwest Quarter of said Section 34, a"
distance of 1319.40 feet, to the Northeast corner of the Southeast
Quarter of the Northwest Quarter of said Section 34, and the TRUE
POINT OF BEGINNING;
16
17
18
19
20
Thence North 88°-17'-44" West, along the Northerly limits of said
Southeast Quarter 0'£ the Northwest Quarter, a distance of 150.00 feet;
21
22
Thence South 70°-42'-46" West, a distance of 1,254.49 feet, to the
Westerly limits of the said Southeast Quarter of the Northwest Quarter
of said Section 34;
23
24
Thence continuing South 70°-42'-46" West, a distance of 708.02 feet to
the Westerly limits of the said East half of the Southwest Quarter of
the Northwest Quarter of Section 34, and TERMINUS of this portion of
the described centerline.
25
26
27
Except that portion from the TRUE POINT OF 'BEGINNING, along the
Northerly limits of the Southeast Quarter of the Northwest Quarter of
Section 34, for a distance of 150 feet, the strip of land shall ~n1y
be 30 feet in width (as ~easured perpendicular to the Northerly 'limits
of the Southeast Quarter of the Northwest Quarter), and shall iay
Southerly of said North~r~y limits.
. ."
28
29
Jefferson County Public Works Dept.
Prospect Avenue (portion) R/W
P~4 1 rAG~ -, 2764
Findings, Conclusions
and Recommendation
, VOI-
o.
25
26
27
28
29
.
.
,c
1
FINDINGS OF FACT
2
1.
The purpose of this road vacation is to eliminate unnecessary and
3
used deeded rights-of-way, clearing the title on adjoining parcels
-"
4
relat~ve to unused and unnecessary portion of said right-of~way, and
5
further enabling the Jefferson County Department of Public Works to
6
re-establishing the right~of~way for this portion of Prospect Avenue
7
within the existing location,
8
2,
The following agencies responded to the petition:
9
Attachment
A
Summarized Comment
Appropriate compensation would be
$7,000.00
~gency
Jefferson Co. Assessor
10
11
B
C
Recommends Approval
No facilities I No objections
Development Review Oiv
Puget Sound Energy
Fire Protection Oist #6
12
0
E
US West
WA DOT
No Comments
"Returning said unused rights of way to
the tax rolls of Jefferson County may be
a benefit, but this strip of land is
located in the flight path on the east
end of the Jefferson County
International Airport. This property
could not be developed without full
disclosure of aircraft noise and
traffic, would have to comply with FAR
PART 77 - Objects Affecting Navigable
Þirspace, and development could not in
anyway jeopardize the safety of
aircraft.
No Comments
No Comments
13
14
F
G
Port of Port Townsend
IS
16
17
18
19
20
21
Sheriff's Office /
Emergency Services
Park and Recreation
No response.
22
No quorum but members present commented
that the r/w was not on the Trail Plan
Recommends Approval with condition~
Comments incorporated into Findings.
23
Ex 2
County Engineer
24
3.
The portion of Prospect Avenue requested for vacation is not
vacated under RCW 36.87.090.
[Exhibit 2 '1[1]
4.
This section of Prospect Avenue was approved in 1962 to extend
"
Prospect Avenue to the Port Townsend~to~Beaver Valley Road.
Shortly
after this road was constructed, it was discovered that Prospect
Jefferson County Public Works Dept.
Prospect Avenue (portion) R/W
. vol!°ge ~4 FACf
2¡-'¡6' Findings. Concfusi~ms
,. ,5 and Recommendation
- .
10
'0,
11
12
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1
Zoning/Growth Strategy Ordinance Designation: Rural Residential (R-5)
2
PROCEDURAL INFORMATION
3
Hearing Date:
August 18, 1998.
4
Si te__-¥.isi t:
August 18, 1998.
5
SEPA:
Categorically exempt per WAC 197-11-800(2) (h),
6
Notices:
Mailed:
July 10, 1998
7
Posted:
July 29, 1998
8
Publication:
August 5 & 12, 1998 (Port Townsend-
9
Jefferson County Leader).
TESTIMONY":
The public hearing was opened on August 18, 1998 at 1 p.m. in the
Courthouse Lower Level Conference Room.
After the procedures for the
public hearing were explained, testimony was accepted.
All testimony
was taken under oath.
A verbatim recording of the public hearing was
made and is maintained in the Jefferson Permit Center file.
Terri Duff, Public Works Administrative Secretary, presented the Staff
Report and record,
Will Butterfield, Public Works Right-of-Way Representative, testified.
Gene Seton, adjoining property owner, testified.
Alan Carman, land surveyor, testified.
The public hearing was closed at 1: 20 p. m.
EXHIBITS:
Exhibit 1:
Staff Report together with Attachments A - J.
Exhibit 2:
Memo from Klara Fabry, P.E., County Engineer, dated 8/11/98
Exhibit 3:
Copy of recent land survey of the actual (usage) Prospect Avenue
and existing right-of-way in question (not yet recorded)
submitted at the public hearing by Alan Carman.
VOL
24 rAGf
276G
. ,
Jefferson County Public Wor1<s Del:~t'"
Prospect Avenue (portion) R/W ", ,
Page 2
Findings. Conclusions
and Recommendation
-"
23
24
25
26
27
28
29
.
.
1
Avenue was built approximately 45 feet north of the deeded right-of-
2
[Exhibit 2 '][3]
way,
3
5.
The Jefferson County Public Works Department has initiated this
4
road~~acation as a means of correcting right-of-way deficiencies by
5
securing a deeded 60' right-of-way (lying 30 feet on each side of the
6
existing center line) from the adjacent land owner for this portion of
7
the existing Prospect Avenue as consideration for the County vacating
8
the deeded and unused portion of Prospect Avenue.
[Exhibit 2: 14J
9
6.
Ade~ate consideration for vacation of the unopened RIGHT OF WAY
10
exists given the property owner agrees to provide a statutory warranty
11
deed for the right-of-way where the road is constructed without need
12
for a quiet title action and convey a full 60 feet of right-of-way
13
rather than the width established through use.
The fact that the
14
county avoids costly litigation and consideration for the benefit to
15
the property owner received by the vacation.
The benefit to the
16
property owner from the vacation of the unopened right-of-way under
17
RCW 36.87.110 and .120 and the benefit to the County from obtaining
18
clear title to the constructed right-of-way are considered equal.
19
[Exhibi t 2 14 J
20
7.
Jefferson County Department of Public Works recognizes that to
21
correct the aforementioned right-af-way deficiencies would require a
22
major right-of-way acquisition project which is currently not included
in the 6 year transportation improvement program.
However, it is the
intent of the Department of Public Works to address and correct the
remaining right-ot-way inconsistencies at the earliest opportunity.
[Exhibit 2 15J
8.
There is no current or anticipated future need for the public
road circulation network .~or for prac,tical public access including
/",. i. ~
pedestrian and bicycle uses, b~sed 6n the isolated location of the
2767
VOL
24 fAŒ
Jefferson County Public Works Dept.
Prospect Avenue (portion) RjW
Page 4
Findings, Conclusions
and Recommendation
.
.
1
deeded right-of~way and lack of access to this essentially land locked
2
portion of the deeded right-of-way,
The public will benefit by
3
returning this property to the tax rolls, by enhancement of the
4
develQpabi1ity of the property and by increasing the taxable value of
5
the property once the vacation is completed. [Exhibit 2 16]
6
9.
The adjoining property owner of both sides of the portion of
7
Prospect Avenue in question testified that he concurred with the Staff
Report and report of the County Engineer, and that he intended to deed
8
9
the land an both sides of the actual Prospect Avenue as requested by
Public Works,
10
11
REVIEW CRI TERIA
12
Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
13
Vacations, and in particular the review criteria of JCC 12.10.130.
14
CONCLUSIONS OF LAW
15
16
1.
'The seven criteria specified by JCC 12.10.130 are each met.
2.
Given that this vacation was initiated by the Department of
17
Public Works in their efforts to resolve Prospect Avenue right~of-way
18
inconsistencies, it is suggested that the fees, as outlined in the
19
Jefferson County Road Vacation Ordinance, be waived. [Exhibit 2 17]
20
RECOMMENDATION
21
Based on the findings and conclusions above, the Hearing Examiner
22
recommends that the requested vacation be APPROVED.
DATED this 31 et day of August 1998.
23
:: ~~~ ~~~
27
Irv Berteiq
Jefferson County Hearing Examiner
28
29
ib
. VOL
24 fAŒ" ~68
",I' ,
Jefferson County Public Works Dept.
Prospect Avenue (portion) R/W
Page 5
findings. Conclusions
and Recommendation
"'
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
.
1
NOTICE:
.
2
A copy or notice of this Decision and Appeal Instructions was
3
transmitted by the Jefferson County Permit Center to the following:
4
5
Date Transmitted:
q//o/92
Gene Seton, 4890 S. Discovery Road, Port Townsend, WA 98368
6
Alan Carman, 2909 Gise Street, Port Townsend, WA 98368
7
8
9
10
11
12
13
c"'" ,,0'
Jefferson County Public Works Dept.
Prospect Avenue (portion) R/W
YOLo
24 fAŒ
2769
Page 6
Findings. Conclusions
and Recommendation
.
.
LJ' ' -'--
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
.,
K/ara A Fabry, PE., Public Works Director/County Engineer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Klara A Fabry, P.E., County Engineer/Public Works Director 'k:.~,
August 11, 1998
. Engineer's Report on Road Vacation - Portion of Prospect Avenue
In accordance with Ch 36.87 RCW, I have examined the above referenced road, and submit the
following report:
FINDINGS:
1. The portion of Prospect Avenue requested for vacation is not vacated under Ch. 36.87.090 RCW.
2. The request is to vacate that portion of deeded road right of way determined to no longer be
necessary for public purposes; that portion of the Southeast Quarter of the Northwest Quarter
of Section 34, Township 30 North, Range 1 West, W.M. being a portion of those certain tracts
of land as previously granted to Jefferson County, December 11, 1962, Auditor File Number
174251, Volume 160, Page 54, records of Jefferson County, more particularly described as
follows: '
A strip of land being 60 feet in width, lying 30 feet on each side of the following
described centerline:
Commencing at the North Quarter Corner of said Section 34, Township 30 North, Range
1 West, W.M.; thence South 01°-34'-44" West, along the Easterly limits of the
Northwest Quarter of said Section 34, a distance of 1319.40 feet, to the Northeast
corner of the Southeast Quarter of the Northwest Quarter of said Section 34, and the
TRUE POINT OF BEGINNING;
Thence North 88°_17'-44" West, along the Northerly limits of said Southeast Quarter of
the Northwest Quarter, a distance of 150.00 feet;
Thence South 70°-42'-46" West, a distance of 1,254.49 feet, to the Westerly limits of
the said Southeast Quarter of the Northwest Quarter of said Section 34;
Thence continuing South 70°-42'-46" West, a distance of 708.02 feet to the Westerly
limits of the said East half of the Southwest Quarter of the Northwest Quarter of Section
34, and TERMINUS of this portion of the described centerline.
Except that portion from the TRUE POINT OF BEGINNING, along the Northerly limits of
the Southeast Quarter of the Northwest Quarter of Section 34, for a distance of 150 feet,
the strip of land shall Only be 30 feet in width (as measured perpendicular to the
Northerly limits of the '.. $ol:Jtheast Quartet of the Northwest Quarter), and shall lay
Southerly of said Northerly limits, . VOL 24. fM;~ 27~O
100% Recycled Paper
.
.
The Northerly and Southerly limits of said strip of land being prolonged and
foreshortened to extend to the adjacent limits of the named Section subdivisionaf or
property boundary portion, as herein referenced.
3. This section of Prospect Avenue was approved in 1962 to extend Prospect Avenue to the Port
Town~;èhd to Beaver Val/ey Road. Shortly after this road was constructed, it was discovered that
ProspeCt Avenue was built approximately 45 feet north of the deeded right of way.
4. The Jefferson County Public Works Department has initiated this road vacation as a means of
correcting right of way deficiencies by securing a deeded 60' right of way (lying 30 feet on each
side of existing centerline) from the adjacent land owner for this portion of the existing Prospect
Avenue as consideration for the County vacating the deeded and unused portion .of Prospect
Avenue.
Adequate consideration for vacation of the unopened RIGHT OF WAY exists given ,the property
owner agrees "to provide a statutory warranty deed for the right of way where the road is
constructed w-ithout need for a quiet title action and convey a full 60 feet of right of way rather
than the width established through use. The fact that the county avoids costly litigation and
future right of way acquisition expenses and obtains clear title to the road as built is reasonable
consideration for the benefit to the property owner received by the vacation. The benefit to the
property owner from the vacation of the unopened right of way under RCW 36.87.110 and .120
and the benefit to the county from obtaining clear title to the constructed right of way are
considered equal. '
5. Jefferson County Department of Public Works recognizes that to correct the
aforementioned right of way deficiencies would require a major right of way acquisition project
which is currently not included in the 6 year transportation improvement program. However, it
the intent of the Department of Public Works to address and correct the remaining right of way
inconsistencies at the earliest opportunity.
6. There is no current or anticipated future need for the public road circulation network nor for
practical public access including pedestrian and bicycle uses, based on the isolated location of
the deeded right of way and lack of access to this essentially land locked portion of the deeded
right of way. 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.
7. Given that this vacation was initiated by the Department of Public Works in our efforts to resolve
Prospect Avenue right of way inconsistencies, it is suggested that the fees. as outlined in the
Jefferson County Road Vacation Ordinance, be waived.
RECOMMENDATION:
Therefore, based on the foregoing Findings, the Department of Public Works recommends that the
Board of County Commissioners approve this vacation request upon acceptance of Statutory
Warranty Deeds from the adjacent property owner.
.,'" ,
VOL -
24 fAŒ
277.1
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PORT
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TO: BOARD OF COUNTY COMMISSIONERS
RE: REQUEST FOR EMERGENCY APPROPRIATION/AMENDMENT
~L~ff
Commissioners:
Appropriation
Please be advised that after a thorough examination of my current budget it appears
that the amount allocated in BARS Account No. 515.20 of $556.289.00 of the
Prosecuting Attorney category is insufficient to pay necessary expenses of this
department for this year. After a careful examination of all the expenditures within the
department budget with respect to present and future needs, I find there are no funds
available to transfer into the deficient account. Therefor, I request an emergency
appropriation in the amount of $47.168.49 for this current year for the following
reason(s) as outlined below:
BARS Acct. No.
Category
Amount
515,20.10.0090
515.20.20.0010
515.20.43.0000
515.20.49.0020
Personnel
Personnel Benefits
Travel
Trial Related Expenses
7,666.24
1,513.10
2,000.00
35.989.15
47,168.49
Reason
To allocate funds to provide a budget for the Deputy Prosecutor, to meet the training
requirements of the union contract by continuing to send union employees to training
which, more often than not, requires travel outside of Jefferson County, and to allow for
trial expenses incurred by the prosecution of the State of Washington v. Christine M.
Berube/Kory L Nielsen, Jefferson County Cause Nos. 98-1-00056-8 & 98-1-00055-0.
Prosecuting Attorney's Office
Department
approp.doc revised 9-97
VOL
24: f,\Œ
2783