HomeMy WebLinkAbout096 98When recorded return to
Jefferson County Public Works
416oJ0
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of x
RESOLUTION NO. 96-98
Vacation of a Portion of Lake St., x
Moss St. & Fern St., Supplemental x
Plat of Captain Tibbals Lake Park x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Robert & Jacqueline Chisick; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road
vacation petition on October 20, 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 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 November 3, 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 Lake Street, approximately 270 feet in length and 60 feet in
width, adjacent to Blocks 27 & 28, Moss Street, approximately 270 feet in length and 60
feet in width, adjacent to Blocks 26 & 27, and Fern Street, approximately 270 feet in length
and 60 feet in width, adjacent to Blocks 25 & 26, including the alleys in Blocks 25, 26, 27
& 28, all located in the Supplemental Plat of Captain Tibbals Lake Park, Vol. 2, Page 3,
Section 5, Township 30 North, Range 1 West, records of Jefferson County, Washington,
This vacation affects parcel numbers: 999002501, 999002601, 999002701 &
999002801. Any easements may still exist.
ADOPTEn�THdSY _DAY OF , 1998.
r`. J JEFFERSON COUNTY
4 t BOARD OF COMMISSIO, E
SI". s" nting r , C
ATT�T:• .. •
o r ` rd Woj , e er
Lorna L. Delaney Daniel Harpole, 1&hber
Clerk of the Board
DEC - 2 1998
VOL 24 3059
520
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BEFORE THE HEARING EXAMINER FOR JEPTM;SON COUNTY
Iry Berteig, Jefferson County Hearing
RE: Petition by Robert &
Jacqueline Chisick to vacate a
portion of Lake Street in the plat;
of Captain Tibbals Lake Park. ;
File No. Lake Street Rff
FINDINGS, CONCLUSIONS, !
If
AND RECOMMENDATION
BACKGROUND INFORMATION _-
Petitioner: Robert & Jacqueline Chisick,
254 North Jacob Miller Road, Port Townsend, WA 98368
Property Location: The property is located west of Port Townsend,
about one-half mile north of Hastings Avenue.
Legal Description: That portion of Lake Street, approximately 270
feet in length and 60 feet in width, adjacent to Blocks 27 & 28,
including the alleys in Blocks 27 & 28, all located in the
Supplemental Plat of Captain Tibbals Lake Park, Vol. 2, Page 3,
Section 5, Township 30 North, Range 1 West, records of Jefferson
County, Washington.
Zoning: Rural Residential
M
1 `
Growth Strategy Ordinance Designation: Rural Residential
PROCEDURAL INFORMATION
Hearing Date: October 20, 1998.
N O V 04 1998
Site Visit: October 20, 1998.
SEPA: Categorically exempt per WAC 197-11-800(2)(h). JEFFERSO COUNTY
t PUB! ;C 1'".:n FKS DEPT.
Notices: Mailed: August 27, 1998 - -- -�w--
Posted: October 1, 1998
Publication: October 4 & 14, 1998 (Port Townsend -
Jefferson County Leader).
Robert & Jacqueline Chisick Pagel Findings, Conclusions
Lake Street R/W 0 and Recommendation
VOL 2 4 w,,
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ITESTIMONY:
The public hearing was opened on October 20, 1998 at 3:15 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.
Robert Chisick, Petitioner, testified.
The public hearing was closed at 3:40 p.m.
EXHIBITS:
Exhibit 1: Staff Report together with Attachments A - L.
Exhibit 2: Letter from Mark Huth to Larry Fay dated 8/18/98.
FINDINGS OF FACT
1. The petition was reduced at the public hearing to only Lake
Street with the consent of the Petitioners. The Legal Description
above in this record has been amended accordingly.
2. Roads platted prior to March 12, 1904 that have not been opened
within five years of platting are vacated by statute. The streets
requested to be vacated were dedicated in the Plat of Captain Tibbals
Lake Park on April 17, 1883.
3. The County Engineer reports that there has never been a road
constructed, or opened to the public, on these rights-of-way within
five years of the date of platting.
4. The County Engineer reports that there is no current or
anticipated future need for the right-of-way to provide for the public
road circulation network nor for public access. The public will
benefit by returning this property to the tax rolls, by enhancement of
Robert & Jacqueline Chisick Page 2 Findings, Conclusions
Lake Street R/W , and Recommendation
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the developability of the property, and by increasing the taxable
value
of the property once the
vacation is completed.
5.
Following is a summary of
agency and public responses:
A.
County Engineer
Recommends approval as amended
B.
Permit Center
Recommends approval
C.
Puget Sound Energy
No objection
D.
Fire District No. 6
No objection
E.
US West
No US West conflict
F.
WaDOT
No objection
G.
Parks Advisory Board
No objection
H.
Pt.Townsend Public Works
Requests an easement be retained on
Jensen St. (no longer in petition)
I.
David & Jane Peterson
Requests an easement be retained on
Jensen St. (no longer in petition)
Emergency Services
No response
REVIEW CRITERIA
Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
Vacations, and in this instance, RCW 36.87.090.
CONCLUSIONS OF LAW
1. Because the Facts support a conclusion that the road is vacated
by statute, the purpose of this action is to determine those facts and
clear title.
2. The appropriate agencies have reviewed and determined the facts.
3. It was not the original intent of the petitioners to vacate all
the right-of-way in the advertised petition; therefore, they
volunteered at the public hearing to amend their petition to their
original intended request.
4. This action does not include a recommendation regarding retention
of easements in Jensen Street since is no longer part of the petition.
Robert 8, Jacqueline Chisick Page 3 Findings, Conclusions
Lake Street R/W and Recommendation
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RECOMMMATION
Based on the findings and conclusions above, the Hearing Examiner
recommends that the requested vacation be APPROVED.
DATED this 3M day of November 1998.
Iry Berteig
Jefferson County Hearing Examiner
ib
NOTICE:
A copy or notice of this Decision and Appeal Instructions was
transmitted by the Jefferson County Permit Center to the following:
Date Transmitted:
Robert & Jacqueline Chisick,
254 North Jacob Miller Road, Port Townsend, WA 98368
Robert & Jacqueline Chisick Page 4 Findings, Conclusions
Lake Street R/W , 24 , 3OG3
and Recommendation