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HomeMy WebLinkAboutResolution re Charles Street Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, Public Works Director/County Engineer Agenda Date: August 7, 2023 Subject: Open Right-of-Way Request - Charles St. Statement of Issue: Public Works has received an application to open a portion of platted Charles St. right-of-way for approximately 450 feet for access to the Applicant's parcel. Analysis/Strategic Goals/Pro's a* Con's: The proposed area of right-of-way to be opened is located within the Plat Irondale Acre Tracts. This road is not proposed to be a County Road, therefore the County will not be responsible for maintenance should this request be approved. Per RCW 36.80.030, the supervision of right of way, including the development of road standards is under the review of the County Engineer, acting under the supervision and authority of the Board of County Commissioners. The County Engineer has prepared standards for opening County right-of-way at this location as outlined in the attached report. Fiscal Impact/Cost Benefit Analysis: There will be no cost to the County for maintenance or construction should this right-of-way be opened. Recommendation: Jefferson County Public Works recommends approval of this application to open a portion of platted Charles St. for approximately 450 feet, as outlined on the attached Engineer's Report. The Board is asked to sign the Resolution and return to Public Works. Department Contact: Terry Duff 360-385-9159 Reviewed By: le Mark McCauley, Ynty Administrator ate ROAD & STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 1 of 5 When recorded please return to: Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 ROAD & STORMWATER MAINTENANCE & NO PROTEST AGREEMENT Grantor/Owner: Cary M. & Nicole J. Casal Grantee: Jefferson County, a political subdivision of the state of Washington Reference: RAP2023-00011 Abbrev. Legal: Lot 17 Irondale Acre Tracts Parcel No.: 962700021 This ROAD AND STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT (“this Agreement”) is made and effective as of the date of the last signature below by Cary Casal and Nicole Casal, (“Grantor”) and Jefferson County, a political subdivision of the state of Washington (“Grantee” or “County”). 1.0 RECITALS 1.1 Grantor is the owner of certain real property located within Section 13, Township 29 North, Range 1 West, W.M., Jefferson County, Washington, legally described as follows: Lot 17, Irondale Acre Tracts, as per Volume 6 of Plats, Page 154, records of Jefferson County; also known as Assessor’s Parcel Number 962700021, and referred to in this Agreement as “the Property.” 1.2 Grantor has applied for permission from the County to open the portion of platted Charles St. right-of-way abutting the Property (Open Right-of-Way Permit RAP2023-00011). 1.3 In consideration of the County granting permission to open the subject right -of- way, Grantor agrees to maintain the road and any stormwater improvements constructed by Grantor within the right-of-way at their expense. The road and associated stormwater improvements are described and shown on approved ROAD & STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 2 of 5 construction drawings on file with the Jefferson County Public Works. 1.4 In consideration of the County granting permission for Grantor to construct a road to less than current County road standards, Grantor voluntarily agrees to enter into a No Protest Agreement, thereby waiving their right to object to formation of a future Road Improvement District or similar pro-rata cost-sharing mechanism. 2.0 ROAD & STORMWATER MAINTENANCE AGREEMENT 2.1 Grantor agrees to maintain, at their expense, road and stormwater improvements, as constructed under the approved construction drawings for RAP2023-00011 in such a manner as to ensure the facilities’ continued functionality and to prevent damage to any other property. 2.2 Nothing in this Agreement prohibits Grantor from seeking contribution from other road users for the maintenance, improvement, or replacement of the road or associated stormwater improvements. 2.3 No part of the road and/or stormwater improvements shall be dismantled, altered, or removed except as permitted in writing by Jefferson County. 2.4 Grantor, as their free and voluntary act, accepts and assumes all risks of loss or damage arising out to the conditions described herein, and further agrees to relieve and hold harmless the County, its officers, agents, and employees, of any liability for approval of the Open Right-of-Way Permit RAP 2023-00011 or the standards approved for construction of facilities under that permit. 3.0 NO PROTEST AGREEMENT 3.1 Grantor covenants and agrees that at any time a Road Improvement District (RID), or any other pro rata cost-sharing mechanism is formed for the purpose of constructing and/or improving the rights-of-way in an improvement area which includes Grantor’s Property and the right-of-way subject to this Agreement, Grantor waives their right to protest the establishment of said RID or similar cost- sharing mechanism. Grantor’s waiver of right to protest applies whether the formation of the RID or similar cost-sharing mechanism is proposed by petition or by resolution of the Board of County Commissioners. 3.2 By executing this No Protest Agreement, Grantor does not waive their right to object to Grantor’s individual assessment or to appeal to the superior court the County decision affirming the final assessment roll as permitted, and in ROAD & STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 3 of 5 accordance with, Chapter 36.88 RCW. 3.3 The parties acknowledge that this No Protest Agreement is intended to waive certain rights of Grantor. Grantor warrants and represents that they have had representation by legal counsel and/or have had an adequate opportunity to be represented by legal counsel prior to executing this Agreement. 3.4 Term. The term of this No Protest Agreement shall be ten (10) years as limited under RCW 36.88.072. 4.0 MISCELLANEOUS PROVISIONS 4.1 Covenants run with the land. The rights, obligations and covenants contained in this Agreement shall run with the land and shall be binding upon Grantor, their heirs, personal representatives, successors and assigns. 4.2 Dispute Resolution. If a dispute arises between the parties to this Agreement regarding the road and stormwater improvements constructed under RAP2023- 00011, Grantor shall attempt to negotiate an appropriate resolution with the County, which shall be represented by the Jefferson County Engineer. If the dispute cannot be resolved at that administrative level, Grantor may file an appeal with the Jefferson County Hearing Examiner as provided for in the Jefferson County Unified Development Code. 4.3 Enforcement. This Agreement may be enforced by the County in law or equity against Grantor. 4.4 Attorney Fees. In the event any action is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. 4.5 Recording. Upon execution by all signatories of this Agreement, the County shall record this document with the Jefferson County Auditor, at Grantor’s expense. A copy of the recorded document shall be forwarded to the Grantor. 4.6 Effective Date. This Agreement shall be effective as of the date of the final signature below. [Signatures on following pages] ROAD & STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 4 of 5 GRANTOR/OWNER: DATED this day of , 2023. ____________________ Cary M. Casal Nicole J. Casal State of Washington County of Jefferson This record was acknowledged before me on ________________________, by Cary M. Casal and Nicole J. Casal. ___________________________________________ Notary Public in and for the State of Washington My Commission Expires ___________________ ROAD & STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 5 of 5 GRANTEE: DATED this day of , 2023. Accepted and approved Jefferson County Department of Public Works By: ______________________________ Monte Reinders County Engineer/ Public Works Director State of Washington County of Jefferson This record was acknowledged before me on ____________________________, by Monte Reinders as the County Engineer/Public Works Director of Jefferson County, Washington. ________________________________________ Notary Public in and for the State of Washington My Commission Expires ___________________ Approved as to form only: By: ___________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney STATE OF WASHINGTON COUNTY OF JEFFERSON In the Matter of a Resolution ) to Construct a Road and Stormwater ) Improvements on a ) Resolution No. Portion of Public Right of Way ) Known as Charles St. ) WHEREAS, an application to open a public right-of-way has been submitted by Cary Casal (“the applicant”) for the purpose of providing access to her property, and WHEREAS, said development will require opening approximately 450 feet of platted Charles St. and WHEREAS, the Revised Code of Washington (RCW) 36.75 and 36.80 authorizes the Board of County Commissioners (“the Board”) to establish, examine, survey construct, alter, repair, improve and maintain county roads, and that the County Engineer shall supervise such road improvements under the direction of the Board, and WHEREAS, the County Engineer has examined the subject right of way and the existing road system and the potential for future development and recommends that this request be approved provided the standards described in the County Engineer’s report dated July 26, 2023 are followed, and WHEREAS, the applicant, and not the County, will be responsible for the maintenance of this section of roadway and its associated stormwater improvements and that the road will not be added to the official County Road log until such time as the road is improved to public road standards and added to the County Road Log through Board action, and WHEREAS, in lieu of requiring the road to be constructed to full public road standards at this time, the applicant will be required to sign a No Protest Agreement waiving the right to protest formation of a pro-rata cost sharing arrangement such as a Road Improvement District (RID) should the subject right of way be included within a designated improvement area, whether the formation of the RID is proposed by petition or a resolution of the Board of County Commissioners, NOW, THEREFORE BE IT RESOLVED, that applicant shall be granted permission to open the following right of way: A portion of platted Charles St. starting at the end of the Kingfisher Pl., at mile post 0.37 running northerly a distance of approximately 450 feet for access to parcel 962700021. BE IT FURTHER RESOLVED, that roads shall be constructed in general conformance with the standards recommended in the County Engineer’s report dated July 26, 2023. BE IT FINALLY RESOLVED, that prior to performing construction the applicant shall receive any and all necessary permits including a permit from the Department of Public Works specifying any conditions that will be required by the County Engineer to ensure that said standards are met and that the applicant shall pay any inspection costs incurred by the Public Works Department to ensure that these standards are met. ADOPTED this _______ day of _______________________, 2023. JEFFERSON COUNTY BOARD OF COMMISSIONERS ____________________________________ Kate Dean, District 1 ____________________________________ Heidi Eisenhour, District 2 ____________________________________ Greg Brotherton, District 3 ATTEST: _____________________________ Carolyn Galloway Clerk of the Board