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STATE OF WASHINGTON
COUNfY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 03-04
Vacation of alleys in
Blocks 144, 154, and 157
Plat of Irondale
x
x
x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by Eagle Eye Inc; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on January 6, 2004; 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 Department of Community Development 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 alley 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 January 10,2004,
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: In block 144, that
portion of the alley lying southerly of lots 19 and 28; In block 154, that portion of the alley lying between
lots 1 thru 4 and lot 36; In block 157, that portion of the alley lying between lots 1 thru 4 and lot 36, and
the northerly half of the alley lying between lots 5 thru 8 and lot 9, all in the plat of Irondale as recorded
in volume 2 of plats, page 139, located in Section 35, Township 30 North, Range 1 West, W.M.
10 f> . p
ADOPTED THIS 0\ J DAY OF (tA l L( ([.1/[ , 2004
SEAL:
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A TIEST:
~llad. ~
i rna L. De aney ~ I . .
Clerk of the Board
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
P.O. Box 2070
1322 Washington Street
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director
Robert G. Turpin, PE, County Engineer
MEMORANDUM
TO: Board of County Commissioners
FROM:
Robert G. Turpin, County Engineer
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. DATE: December 30,2003
SUBJECT: Engineer's Report on request to vacate alleys in Block 144, 157, and 157 in
Irondale
In accordance with Ch 36.87 RCW, I have examined the above referenced alleys, and submit the
following report.
I. The alleys requested for vacation were dedicated in the plat of Irondale and recorded on
December 12, 1910, and therefore are not statutorily vacated. The request is to vacate the
entire alley in Block 144, the east half of the alley in Block 154, and the east half and
north half of the west half of the alley in Block 157.
2. The alleys requested for vacation do not provide for area circulation or utilities.
3. The effectiveness of emergency services will not be impaired by this vacation.
4. The alleys do not abut a body of water.
5. The proposed vacation will not land lock any parcel of property.
RECOMMENDATION:
Therefore, based on the foregoing Findings, the Department of Public Works recommends that
the Board of County Commissioners approve this vacation request.
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1
BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
3
4
RE: Petition by Eagle Eye, Inc.,
to vacate three alleys in Blocks
144, 154 and 157 in the Plat of
Irondale No. 6
File No. Irondale Alleys RW
5
6
FINDINGS, CONCLUSIONS,
7
AND RECOMMENDATION
8
9
BACKGROUND:
10
The alleys petitioned for vacation were dedicated in the plat of
11 Irondale and recorded on December 12, 1910. The lots in the plat are
12 narrow (typically 25 by 100 feet) with groups of lots in common
13 ownership. Unused alleys and streets have been vacated in the past to
14 create more usable building lots.
15 PROCEDURAL INFORMATION
16 SEPA:
Categorically exempt per WAC 197-11-800(2) (h).
17 Notices:
Mailed:
December 10, 2003
18
Posted:
December 15, 2003
19
Publication:
December 24 & 31, 2003
20 Site Visit:
Various times, the last being October 7, 2003.
21 Hearing Date:
January 6, 2004.
22 TESTIMONY:
23 HEAVY SNOW CONDITIONS. Based on the National Weather Service Storm
24 Alerts on Monday, January 5, 2004, the Hearing Examiner arranged to
25 conduct the public hearing via telephone from Seattle to a Speaker
26 phone in the Jefferson County Courthouse First Floor Conference Room.
27 Snow conditions materialized such that the Examiner could not have
28 reached the ferry to commute to Port Townsend.
29
Eagle Eye, Inc., Petìiìoner
IrondaleAlleys R/W Vocation
Page 1
Findings, Conclusions
and Recommendation
1 The public hearing was opened on October 7, 2003, at 1:00 p.m. in the
2 Courthouse First Floor Conference Room. After the procedures for the
3 public hearing were explained, testimony was accepted. All testimony
4 was taken under oath. A verbatim recording of the public hearing was
5 made and is maintained in the Jefferson Permit Center file.
6 Wendy Ward, Engineering Tech 2, presented the Staff Report and record.
7 Will Butterfield, Right-of-way Representative
8 There were no others present to testify. The petitioner was aware of
9 the hearing, but did not appear to testify.
10 The public hearing was closed at 1:15 p.m.
11 TABLE OF EXHIBITS:
12
EXHIBIT/ATTACHMENT DOCUMENT DATE
1 Staff Report together with Attachments A-I No date
A Memo from County Engineer 12/30/2003
B Appraisal from Ralph Erickson 11/14/2003
C Memo from Community Development 12/22/2003
D Letter from Puget Sound Energy 12/18/2003
E Minutes from Parks Advisory Board 12/3/2003
F Assessor's & Vicinity Maps No date
G Posting Notice Verification 12/30/2003
H List of Adjoining Property Owners No date
I petition 12/9/2003
13
14
15
16
17
18
19
20
21
FINDINGS OF FACT
22 1.
The petition is to vacate three alley segments within the Plat of
23 Irondale:
24
In Block 144: That portion of the alley lying southerly of
a.
25 Lots 19 and 28;
26
b.
In Block 154: That portion of the alley lying between
27 Lots 1 through 4 and Lot 35¡
28
29
Eagle Eye. Inc.. Petitioner
irendale Alleys R/W Vacation
Page 2
Findings. Conclusions
and Recemrnendalion
1
In Block 157: That portion of the alley lying between
c.
2 Lots 1 through 4 and Lot 36, and the northerly half of the alley lying
3 between Lots 5 through 8 and Lot 9.
4 2.
The Petitioner states the reason for the vacation is to
5 consolidate lots and create building sites.
6 3.
The Petitioner, Gene Seton, did not appear at the public hearing;
7 however, in previous conversations with Staff, Mr. Seton expressed
8 acceptance of the appraisal submitted by Ralph Erickson.
9 4.
Regarding the appraisal in response to questions by the Examiner,
10 Will Butterfield testified that he had reviewed the appraisal and the
11 comparables used. Mr. Butterfield concluded that the comparables were
12 logical and timely. Also, the total value of $4,000 means that the
13 amount due to the County from the petitioner would be 50% or $2,000.
14 5.
The Jefferson County Comprehensive Plan Land Use Map designates
15 the area encompassing the proposed vacations as Rural Residential 1:5.
16 6.
The agency reviews are summarized in the following table:
17
Attachment Agency Comment
A County Engineer Recommends Approval
C Community Development Recommends Approval
D Puget Sound Energy No objection & no facilities involved
E Parks Advisory Board No significance to Parks & Recreation
- Sheriff/Emergency Svc No response
- Fire Protection Dist 3 No response
- P.U.D. #1 No response
- Qwest Telephone No response
18
19
20
21
22
23
24
25 REVIEW CRITERIA
26 Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
27 Vacations, and in particular the review criteria of JCC 12.10.130.
28
29
Eagle Eye. Inc,. Petitioner
Irondale Alleys R/W Vacation
Page 3
Findings. Conclusions
and Recommendation
1
CONCLUSIONS OF LAW
2 1.
The County Engineer responded with the following conclusions
3 after his investigation and recommends approval of the vacation:
4
The alley rights-of-way were dedicated in the plat of
a.
5 Irondale and recorded on December 12, 1910; and therefore, are not
6 statutorily vacated;
7
b.
The alleys do not provide for area circulation or
8 utilities;
9
The effectiveness of emergency services will not be
c.
10 impaired;
11
d.
The alleys do not abut a body of water¡ and
12
The proposed vacations will not land lock any parcel of
e.
13 property.
14 2.
A review of the proposal's compliance with the seven criteria
15 specified by JCC 12.10.110 follows:
16 (l) The proposed road vacation complies with the Jefferson
County comprehensive plan and any other applicable plans,
17 policies, or ordinances.
18 3.
Although the Comprehensive Plan designates single-family
19 densities as one residence per five acres, the consolidation of 25xl00
20 foot lots will be a significant improvement even though lots of less
21 than five acres will result. This criterion is met.
22
(2) Roads should not be closed, vacated, or abandoned when land
uses or development plans, or occurring patterns, indicate their
usefulness for area circulation. Prior to a vacation decision, an
examination should be made of its probable effect on overall area
circulation in the neighborhood. Single or multiple vacations
should be considered a positive tool toward improving
neighborhood circulation and accesses.
23
24
25
26 4.
The alleys are not needed for general circulation or utilities.
27 This criterion is met.
28
29
Eagle Eye. Inc.. Petitioner
irondale Alleys R/W Vocotion
Findings, Conclusions
ond Recommendation
Page 4
1
2
3
5.
4
5
6
7
8
9
10 6.
(3) The effectiveness of fire, medical, law enforcement, or
other emergency services should not be impaired by the closure,
vacation, or abandonment of county roads. Appropriate authorities
should be consulted with respect to this policy.
No reduction in access will result. This criterion is met.
(4) Roads should not be closed, vacated, or abandoned when such
routes can effectively be used for utility corridors. Suitable
utility easements could be retained as a means of satisfying this
policy. Public and private utility companies and their plans
should be consulted with respect to this policy. In compliance
with RCW 36.87.140, the board of county commissioners may retain
an easement within the subject vacated area for the construction,
repair, and maintenance of public utilities and services.
11 are not needed for utility corridors. This criterion is met.
There are no existing utilities within the alleys, and the alleys
12
13
14
15 7.
(5) Roads should not be closed, vacated, or abandoned when such
routes can be effectively used for trails or pathways. Suitable
trail easements could be retained as a means of satisfying this
policy. The Jefferson County parks, recreation, and open space
plan should be used as a guide to determine trail needs.
16 purposes. This criterion is met.
The Park Advisory Board saw no need for park and recreation
17
18
19
20
21 8.
(6) In compliance with RCW 36.87.130, no county road or part
thereof should be vacated that abuts on a body of salt or fresh
water, unless the vacation is to enable any public authority to
acquire the vacated property for port purposes, boat moorage, or
launching sites or for park, viewpoint, recreational,
educational, or other public purposes, or unless the property is
zoned for industrial purposes.
Since the rights-of-way do not abut on a body of water, this
22 criterion is not applicable. This criterion is met.
(7)
The proposed vacation will not land lock any parcel of property.
23
24 9.
The consolidated lots and all adjacent properties abut public
25 rights-of-way. This criterion is met.
The land appraisal by Ralph Erickson employs standard practices
26 10.
27 and appears to use relevant comparables. The resulting market values
28 of $1,600 (Blk 144 alley), $800 (Blk 154 alley), and $1,600 (Blk 157
29 alley) for a total appraised value of $4,000 is proper.
Eagle Eye. Inc.. Petitioner
Irondale Alleys R/W Vacation
Findings. Conclusions
and Recommendation
Page 5
1 RECOMMENDATION
2 Based on the testimony presented at the Public Hearing, the documents
3 and exhibits admitted into the record, visits to the site and
4 surroundings on numerous occasions, and the above Findings and
5 Conclusions, the Hearing Examiner recommends that the vacation of the
6 alleys petitioned by Eagle Eye, Inc., be APPROVED.
7 DATED this loth day of January 2004.
8
9
Irv~~
Jefferson County Hearing Examiner
10
11
12
13
ib
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Eagle Eye. Inc.. Petitioner
Irondale Alleys R/W Vacation
Page 6
Findings, Conclusions
and Recommendation