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HomeMy WebLinkAbout032423 Proposed Vacation of Ricky Beach Drive Letter to BoCC ESTATE PLANNING REAL ESTATE BUSINESS PLANNING O: 4566 Flying Goat Ave NE, #C120 Bainbridge Island, WA 98110 P (206) 842-7676 F (888) 356-8310 lincoln@lincolnmillerlaw.com www.lincolnmillerlaw.com March 24, 2023 VIA EMAIL TO jeffbocc@co.jefferson.wa.us and carolyn@co.jefferson.wa.us Board of County Commissioners Jefferson County, Washington 1820 Jefferson Street Port Townsend, WA 98368 Re: Ricky Beach Drive Road Vacation Dear Commissioners: I represent Termination Point Properties, LLC (TPP) and Termination Point Homeowners Association (HOA). We provide the following comments concerning the March 7, 2023 Hearing Examiner Decision recommending vacating Ricky Beach Drive. ESTATE PLANNING REAL ESTATE BUSINESS PLANNING O: 4566 Flying Goat Ave NE, #C120 Bainbridge Island, WA 98110 P (206) 842-7676 F (888) 356-8310 lincoln@lincolnmillerlaw.com www.lincolnmillerlaw.com Ricky Beach Dr. provides access to the lower waterfront lots, marked in pink, all owned by TPP. The Hearing Examiner conditioned the approval of the road vacation on (1) Beach Access Rights; (2) Shine Road Access Rights; (3) Access for Inspection to Jefferson County; and (4) Payment of Compensation. Of those conditions, the Beach Access Rights condition has the potential for misinterpretation, which my clients seek to have addressed in any resolution adopted by the Board of County Commissioners. Beach Access Rights The Hearing Examiner provided that Lots 1-57 should receive access to Lots 9, 10 and/or 19. To be clear, the Petitioner does not object to access to those Lots. However, the Petitioner objects to access over those Lots. Those are two entirely different rights. In 1961, when the Plat was approved, the developers gave a 1/56th interest in Lots 9 and 10 to the owners of Lots 1-56, but not Lot 57, thereby providing Lots 1-56 with beach access. Access to Lots 9 and 10 is by Ricky Beach Drive. The owners of Lot 57 also own Tax Parcel No. 721022002 (“Lot 72”). Lot 72 has independent beach access – it is waterfront property – and is adjacent to Lot 57. Therefore, access to Lot 57 will provide for access to the beach across its commonly owned property, Lot 72. In summary: • Lots 9 are 10 are waterfront lots owned by the owners of Lots 1-56. To call it a community lot is not accurate – the HOA does not own it. Lot 19 is a waterfront lot owned by the HOA. Lot 57 has no ownership interest or easement rights over Lots 9, 10 and 19. • Lots 1-56 are members of the HOA. Lot 57 is not. • Lot 57 and 72 (a waterfront lot) are in common ownership, adjacent to each other and Lot 57 and 72 will have access rights across the vacated road which will therefore provide its commonly owned properties with beach access. In interpreting the condition of providing beach access rights, access should only be required to Lots 9, 10 and/or 19, not over them. If, indeed, we’re incorrect and Lot 57 has rights of access over Lots 9, 10 and/or 19, then Lot 57 will have adequate access. But under no circumstances should new rights be given to Lot 57 (or any other of Lots 1-56) over Lots 9, 10 and/or 19 that they did not have previously. In light of the foregoing, we offer that Paragraph A of the resolution proposed by Public Works Director, Monte Reinders, P.E. read consistent with Exhibit A attached hereto. In all other respects, please approve the vacation of Ricky Beach Drive. Sincerely yours, Lincoln Miller cc: client ESTATE PLANNING REAL ESTATE BUSINESS PLANNING O: 4566 Flying Goat Ave NE, #C120 Bainbridge Island, WA 98110 P (206) 842-7676 F (888) 356-8310 lincoln@lincolnmillerlaw.com www.lincolnmillerlaw.com EXHIBIT A Proposed by Public Works A. Provide a mechanism, possibly in the form of one or more easements, for alternative access for all owners of all lots within the Plat of Termination Point – including without limitation Lot 57 – to access community beach lots (Lots 9, 10 and 19), with appropriate language expressly identifying and describing the lot, lots, or portions thereof, through which owners of lots in the plat hold rights to access the beach, as credibly demonstrated by the petitioner using binding legal instruments, subject to review and confirmation by the County’s attorney. Proposed by Petitioner B. Provide a mechanism, possibly in the form of one or more easements, for alternative access for all owners of all lots within the Plat of Termination Point – including without limitation Lot 57 – to provide access to Lots 9, 10 and 19 (but not access over or through such lots), with appropriate language expressly identifying and describing the lot, lots, or portions thereof, through which owners of lots in the plat hold rights to access the beach, as credibly demonstrated by the petitioner using binding legal instruments, subject to review and confirmation by the County’s attorney.