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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO. 38-04
A Resolution to Rescind Resolution x
No. 89-03 which declares the intent to x
vacate County right of way for x
Linda View Drive x
WHEREAS, the Board of County Commissioners, through Resolution No. 89-03, dated the 15th day of December,
2003, declared an intent to vacate that certain County road right of way, described as follows:
All that portion of Linda View Drive No. 504709 defmed as platted right of way within the Plat of
Termination Point less that portion adjacent to lot 21 as recorded Volume 2, Page 96 of Plats records of
Jefferson County, Washington, lying in the NW 1/4 of Section 2, Township 27 North, Range 1 East,
W. M.; and
WHEREAS, said resolution directed the County Engineer to examine this road and prepare a report of his opinion
regarding whether this right of way should be vacated and having done so, the County Engineer recommended
approval of this vacation; and
WHEREAS, the Department of Community Development recommended approval of this vacation, with conditions;
and
WHEREAS, there were one (1) written and five (5) verbal statements of opposition by neighbors presented as
testimony at the public hearing held on March 2,2004 and one (1) written statement from the Assessor's Office
expressing concern about access to adjacent properties; and
WHEREAS, the recommendation of the Hearing Examiner, based on his review of all information presented in
writing and public testimony given at said public hearing, is that this vacation should not be approved; and
WHEREAS, after due consideration of these facts, it appears to the Board of County Commissioners that it is NOT
in the public interest to vacate those portions of Linda View Drive right of way; and
NOW, THEREFORE BE IT RESOLVED, by the Board of County Commissioners that Resolution No. 89-03 be
and hereby is rescinded and nullified.
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APPROVED THIS
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c2t ~ DAY OF i. ÍL iLl
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JEFFERSON COUNTY
BOARD OF COUNTY C
,2004.
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Patrick M. Rodgers, Member
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Clerk of the Board
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
x
RESOLUTION NO.
89-03
A Resolution Declaring x
An Intent to Vacate County x
Right of Way for Linda View Drive: x
WHEREAS, after due consideration, it appears to this Board of County Commissioners
that it is in the public interest to vacate, as county road right of way, the following
County Road Right of Way, described as follows:
All that portion of Linda View Drive No. 504709 defined as platted right of way
within the Plat of Termination Point less that portion adjacent to lot 21 as
recorded Volume 2, Page 96 of Plats records of Jefferson County, Washington,
lying in the NW 1/4 of Section 2, Township 27 North, Range 1 East. W. M.;
NOW, THEREFORE BE IT RESOLVED, and in contemplation of the language of
statute R.C.W. 36.87.010, the County Engineer is hereby directed to examine said road
and report his opinion as to whether tþis county road right of way should be vacated and
abandoned and all other facts, matter and things which will be of importance to the
Board, and that such report to be filed as soon as possible. The hearing date for the
proposed vacation is February 3. 2004 at the hour of 1 :00 p.m., with the Jefferson County
Hearing Examiner in the first floor conference room, Courthouse, Port Townsend,
Washington.
APPROVED TIllS
15th DAY OF December
, 2003.
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JEFFERSON COUNTY
BOARD OF COUNTY
COMMISSIONERS
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ma L. Delaney .
Clerk of the Board
(Excused Absence)
Patrick M. Rodgers, Member
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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, P.E., County Engineer
MEMORANDUM
TO:
DATE:
Board of County Commissioners
Robert G. Turpin, County Engineer M?
February 17, 2004
FROM:
SUBJECT:
Engineer's Report on request to vacate a portion of Linda View Drive #504709
In accordance with Ch 36.87 RCW, I have examined the above referenced road, and subnùt the
following report.
1. The intent is to vacate all that portion of Linda View Drive #504709 defined as platted right
of way within the plat of Tennination Point less that portion adjacent to lot 21 as recorded in
volume 2, page 96 of plats, records of Jefferson County, Washington, lying in the NW 1/4 of
Section 2, Township 27 North, Range 1 East, W.M.
2. The portion of Linda View Drive #504709 requested for vacation has been used as a County
road or maintained by County forces for the last 10 years.
3. This portion of Linda View Drive #504709 does provide an alternate access to Harbor View
Drive. The primary access to Harbor View Drive is from Shine Road.
4. This vacation could land lock parcels of property, however, all the parcels are owned by an
individual taxpayer who has indicated that he would be willing to grant an easement for those
parcels.
5. The effectiveness of emergency services will not be impaired by this vacation.
6. Linda View Drive #504709 does not abut a body of water.
RECOMMENDATION:
The Department of Public Works recommends that the Board of County Commissioners approve this
vacation in order to limit the County liability with respect to the unstable nature and precarious
drainage conditions as exacerbated by the adjoining property owner.
1 00% Recycled Paper
1
BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
Irv Berteig, Hearing Examiner
3
4
RE: County initiated road vacation) File No. Linda View Drive R/W
petition: Linda View Drive )
)
)
) FINDINGS, CONCLUSIONS,
)
) AND DECISION
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9 BACKGROUND INFORMATION
10 The plat of Termination Point was recorded on November 6, 1961.
11 Since that time, portions have been developed with five single-family
12 residences, four fronting on Harbor View Place and one on Linda View
13 Drive. The remaining lots are owned by Russell Trask. The plat has
14 suffered landslides. Unauthorized modifications have been made to the
15 road drainage systems.
16 PROCEDURAL INFORMATION
17 Notices:
Mailed:
February 6, 2004
18
Posted:
February 5, 2004
19
Publication:
February 18 & 25, 2004
20 Site Visit:
March 2, 2004
21 Open Record Hearing Date: March 2, 2004.
22 The hearing was opened on March 2, 2004 at 1:50 p.m. in the Board of
23 County Commissioner Chambers, County Court House. After the procedures
24 were explained, testimony was accepted. A verbatim recording of the
25 public hearing was made. The tape is maintained in the Jefferson
26 Permit Center file.
27 Participants:
28 Wendy Ward, Engineering Tech 2, presented the Staff Report and record.
29 Robert Turpin, P.E., County Engineer
Jefferson County
Linda View Drive R/W
Poge 1
Findings, Conciusions
and Decision
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1 Michelle Farfan, Associate Planner, Community Development
2 Tony Brenna, 110 Harborview Pl., Port Ludlow, WA 98365
3 Elena Brenna, 110 Harborview Pl., Port Ludlow, WA 98365
4 Jim Husflet, 211 Linda View Drive, Port Ludlow, WA 98365
5 Robert Bosanko, 147 Longmire Lane, Port Ludlow, WA 98365
6 Sherry Husfelt, 211 Linda View Drive, Port Ludlow, WA 98365
7 The following neighbor was present but did not testify:
8 M Kathleen Purvis, 100 Harborview Place, Port Ludlow, WA 98365
9 There were no others present to testify.
10 The public hearing was closed at 2:40 p.m.
11 TABLE OF EXHIBITS:
12 EXHIBIT/ATTACHMENT DOCUMENT DATE
13 1 Staff Report
A Memo from County Engineer 11/10/2003
14 11/5/2003
B Memo from Community Development
15 C Memo from County Assessor's Office 2/11/2004
16 D Minutes from Parks Advisory Board Meeting 1/7/2004
E Response from Jefferson Co Sheriff Office 2/25/2004
17 F Letter from puget Sound Energy 12/3/2003
18 G Letter from Bob & Kathleen Purvis 2/11/2004
H Assessor & Vicinity Maps No date
19 I Posting Notice Verification 2/25/2004
- 20 J List of Adjoining Property Owners No date
K Resolution of Intent to Vacate 12/15/2003
21
2 Petition in opposition signed by 23 residents Submitted
22 of Termination Point and Shine Road 3/2/2004
3 Statement by Robert & Sheila Bosanko 3/2/2004
23
24 FINDINGS OF FACT
25 1. The request is to vacate all that portion of Linda View Drive
26 No. 504709 defined as platted right-of-way within the Plat of
27 Termination Point less that portion adjacent to lot 21 as recorded in
28 Vol 2, Page 96 of Plats, records of Jefferson County, WA, lying in the
29 NW '¡( of Section 2, Township 27 North, Range 1 East, WM.
Jefferson County poge 2 Findings, Conclusions
Linda View Drive R/W and Decision
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1 2.
The Jefferson County Board of County Commissioners initiated an
Intent to Vacate Right-of-Way for Linda View Drive by Resolution 89-03
on December 15, 2003.
3. Road vacations are exempt from SEPA, per WAC 197-11-8-(2) (h).
4. The agency reviews are summarized in the following table:
Attachment
A
B
C
D
E
F
Agency
County Engineer
Community Development
Assessor's Office
Parks Advisory Board
Sheriff's Office
Puget Sound Energy
Jefferson PUD #1
Qwest Telephone
Fire Protection Dist 3
Comment
Recommends Approval
Recommends Approval with conditions
Has concerns regarding access
No objections
No objections
No objections
No response
No response
No response
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5. One letter from a neighbor in opposition was received.1
6. Five neighbors testified in opposition to the vacation.
7. The County Engineer investigated Linda View Drive #504709 in
accordance with the BOCC's Intent to Vacate resolution, and made the
following findings:
1. The intent is to vacate all that portion or Linda View Drive
#504709 derined as platted right or way within the plat or
Termination Point less that portion adjacent to lot 21 as
recorded in volume 2, page 96 or plats, records or Jerrerson
County, Washington, lying in the NW 1/4 of Section 2, Township 27
North, Range I East, W.M.
2. The portion or Linda View Drive #504709 requested for vacation
has been used as a County road or maintained by County forces for
the last 10 years.
3. This portion or Linda View Drive #504709 does provide an
alternate access to Harbor View Drive. The primary access to
Harbor View Drive is rrom Shine Road.
4. This vacation could land lock parcels of property, however,
all the parcels are owned by an individual taxpayer who has
indicated that he would be willing to grant an easement for those
parcels.
1 Attachment G to Exhibit 1
Jefferson County
Linda View Drive R/W
Page 3
Findings; Conclusions
and Decision
1
2
3 The
4
5
6
7 8.
5. The effectiveness of emergency services will not be impaired
by this vacation.
6. Linda Vie", Drive #504709 does not abut a body of water.
County Engineer then made the following recommendation:
The Department of Public Works recommends that the Board of
County Commissioners approve this vacation in order to limit the
County liability with respect to the unstable nature and
precarious drainage conditions as exacerbated by the adjoining
property owner.
Robert Turpin, P.E., County Engineer testified that the owner of
8 the vacant lots fronting on Linda View Drive possibly removed or
9 modified portions of the drainage system without authorization. The
11
10 County does not know what now remains of the drainage system.
12 REVIEW CRITERIA
13 Right-of-way vacation petitions are subject to JCC Chapter 12.10, Road
15
14 Vacations, and in particular the review criteria of JCC 12.10.130.
16 CONCLUSIONS OF LAW
17 The following Conclusions of Law, which may contain additional
18 Findings and general discussion, are organized by topics as needed for
19 clarity.
21 1.
20 Authority:
The Hearing Examiner is duly appointed by the Jefferson County
22 Board of Commissioners to hear requests to vacate county rights-of-way
23 for the BOCC, and to make recommendations after conducting a public
24 hearing.
26 2.
25 Matter before the Examiner:
Although this "Intent to Vacate" resolution was approved by the
27 BOCC, the Examiner must assume that the resolution merely initiated
28 the process, and that final consideration by the BOCC will not begin
29 until receipt of the Examiner's recommendation to the Board.
Jefferson County
Linda View Drive R/W
Page 4
Findings. Conclusions
and Decision
1
JCC 12.10.110, Criteria (1) through (7):
2 3.
A review of the proposal's compliance with the seven criteria
3
specified by JCC 12.10.110 follows:
4
§ (1) The proposed road vacation complies with the Jefferson County comprehensive
plan and any other applicable plans, policies, or ordinances.
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a.
Since the road in question was approved as part of the
7
plat, it was considered as in compliance with the Comprehensive Plan
at that time. The proposed vacation does not increase compliance--but
rather raise questions of adequate legal access to platted lots.
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§ (2) Roads :,'hould 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.
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b. The County Engineer points out that Linda View Drive
14
provides an alternate access to Harbor View Drive. Testimony
15
indicates that existing residents value Linda View Drive as part of
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their circulation.
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§ (3) The effectiveness offire, 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,
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c.
Lack of objection and response from affected agencies
21 supports compliance with this criterion.
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§ (4) Roads should not be closed, vacated, or abandoned when such routes can
e.D"ectively be usedfor 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 o.fpublic utilities and services.
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d. There are about 20 undeveloped, platted lots that front on
27
Linda View Drive. Underground utilities would be necessary for
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residential development of those lots.
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Jefferson County
Lindo View Drive R/W
Page 5
Findings, Conclusions
and Decision
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§ (5) Roads should not be closed, vacated, or abandoned when such routes can be
effectively u.çedfor trails or pathways. Suitable trail easements could be retained as a
mean!>' of satisfying this policy. The Jefferson County parks, recreation, and open
space plan should be used as a guide to determine trail needs,
e. The Jefferson County Parks Advisory Committee reported no
objection to the vacation. One resident wrote that they walk on this
road in order to shorten their walk along Shine Road (a busy road) to
Ricky Beach Drive in order to access the Lot Owners Association
property at the beach.2
§ (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.
f. Linda View Drive does not abut a body of water.
§ (7) The proposed vacation will not land lock any parcel of property,
g. The vacation would land lock most of the undeveloped lots
16 4.
15 fronting on Linda View Drive, unless an easement were provided.
The proposed vacation appears to fail the spirit of the criteria.
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18 5.
Discussion:
The County Engineer's concern with the unauthorized changes to
19 Linda View Drive is valid. The County Engineer correctly identifies
20 the problem as serious and warrants a solution. Testimony by
21 neighbors also supports the assertion that considerable damage was
22 done through unauthorized clearing to the lands adjoining their lots.
23 However, vacating Linda View Drive without the ability to impose
24 enforceable conditions on the owners of the undeveloped lots may not
25 be in the public interest. The neighbors succinctly state that this
26 vacation rewards the owner of the undeveloped lots for his violations
28
27 of County codes.
29
2 Attachment G to Exhibit 1, letter by Bob & Kathleen Purvis, referring to
Lots 9 and 10 on the cul-de-sac of Ricky Beach Drive.
Jefferson County
Linda View Drive R/W
Page 6
Findings. Conclusions
and Decision
1 6.
Changing Linda View Drive to an easement could have the
2 unintended effect of placing the liability/maintenance costs on the
3 Lot Owners Association--thus transferring the cost to the home owners.
4 7.
While relieving the County of liabilities for Linda view Drive,
5 the County may be hard pressed to adequately regulate future sale and
6 development of the undeveloped lots given the direction of case law
7 regarding segregation and merger of platted lots.s Of course, the
8 County cannot impose conditions on the owner of the undeveloped lots
9 since the County--not the other owner--initiated the vacation..
11 8.
10 Ricky Beach Drive Vacation Issue:
A petition by Russell Trask to vacate Ricky Beach Drive was heard
12 by the Examiner in July 2001 and approved by the BOCC with four
13 conditions. Testimony asserted that those conditions have not been
14 met.s One of the conditions suggested the BOCC could remand the matter
15 to the Examiner.
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17
a City of Seattle v. Crispin, 149 Wn.2d 896, 71 P.3d 208 (2003); Island County
v. Dillingham Dev. Co., 99 Wn.2d 215, 662 P.2d 32 (1963); and even as
reversed by Dillingham: R/L Assoc., Inc. v. Klockars, 52 Wn. App. 726, 763
P.2d 1244, (1988)
4 Weden v. San Juan County, 135 Wn.2d 678, 706, 958 P.2d 273 (1998). See also
Isla Verde Int'l Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 49 P.3d 867
(2002)
5 RE: Ricky Beach Drive RW Vacation. The four recommended conditions were:
1. The Petitioner shall perfect a mechanism, subject to County approval, to assure continued
beach access for the benefit of all lots within the Plat of Termination Point in accordance with
Conclusion 3 above.
2. A private road easement to assure continued access to Barbara Cooper's Lot 57 in accordance
with Conclusion 4 above, and subject to approval by the County, shall be recorded.
3. Conclusion 4 contains an analysis of the problems of platted lots remaining after a road
vacation. A resolution of the problem could not be reached in the public hearing, but can be
settled as a condition of the vacation. Possible solutions include a consolidation of lots as
suggested by the Department of Community Development, or a Memorandum of Agreement
between the Petitioner and Jefferson County to address the issues raised in Conclusion 4 above.
As an alternative, the Board may elect to remand the matter to the Examiner as noted in
Conclusion 5 above.
4. Petitioner shall remit the compensation for the right-of-way as calculated to be $4,951.25 in
Attachment C to Exhibit 1, and noted in Finding 10.
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Jefferson County
Linda View Drive R/W
Page 7
Findings, Conclusions
and Decision
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The Need to Seek Other Solutions to the Problem:
2 8.
Elimination of liability is not one of the criteria by which road
3 vacations are decided. Since the vacation as requested would be
4 tantamount to rewarding the violator, some other direction should be
5 taken. It is not appropriate for the Examiner to suggest the solution
6 since a suggested approach may constitute prejudgment if the suggested
7 approach falls within Examiner jurisdiction.
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RECOMMENDATION
10
Based on the testimony presented at the Public Hearing, the documents
and exhibits admitted into the record, and the above Findings and
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Conclusions, the Hearing Examiner recommends that the vacation of
13
Linda View Drive not be approved--rather the problem be given to a
committee of Public Works, Community Development, Risk Management and
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Prosecutor to develop a better solution.
16
DATED this 26th day of March 2004.
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Irv Berteig
Jefferson County Hearing Examiner
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Jefferson County
Linda View Drive R/W
Page 8
Findings, Conclusions
and Decision
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Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
John F. Fischbach, County Administrator
FROM: Frank Gifford, Public Works Director \!fib
DATE: July 26, 2004
SUBJECT: Rescission of Resolution #89-03, Intent to Vacate a portion of Linda View Drive
(C.R 504709)
STATEMENT OF ISSUE:
This is a Resolution to rescind and nullify Resolution No. 89-03, Declaring An Intent to Vacate
County Right of Way for Linda View Drive, No. 504709.
.
ANALYSIS/STRATEGIC GOALSIPRO'S and CON'S:
The Department of Public Works initiated the vacation process due to the existing drainage
conditions as exacerbated by the adjoining property owner. After careful consideration of the
public comments/testimony and Hearing Examiner's report, the Department of Public Works has
determined that there is sufficient public support to continue the current status of Linda View
Drive as a County maintained roadway.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
There is no current fiscal impact.
RECOMMENDATION:
The Department of Public Works recommends that the Board of County Commissioners adopt
the attached resolution to rescind and nullify the previous Resolution of Intent to vacate, No.
89-03.
REVIEWED BY:
.~~.(J.~
John F. Fi bach, County Administrator
Date
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