HomeMy WebLinkAbout33 23 STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of a Resolution )
to Construct a Road and Stormwater )
Improvements on a ) Resolution No. 3 3 2 3
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 All 145/— , 2023.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, District
,,,,,,,,,,,,,,,,,, C ./1
,gs S OCr, ei i Eisenhour, District 2
s r 40 tip
atekr,CP Approved Telephonically
�,••.• 02 Greg Brotherton, District 3
le
ATTEST: Sco0
�U ill "G�I,uC
Carolyn Ga oway
Clerk of the Board
V
Jefferson County Public Works Department
County Engineer's Report
Open Right-of-Way Portion of Platted Charles St., Irondale Acre Tracts
This Report is in response to an Open Right-of-Way Permit application (Exhibit A) submitted by
Cary Casal. The intent of the County Engineer's Report is to evaluate and provide preliminary
design parameters/criteria to facilitate the appropriate design of the project. After agency
approval of all documents required by this report the applicant shall be issued a permit by the
Public Works Department.
PROJECT DESCRIPTION
Plat name: Irondale Acre Tracts
Road /Street Name: Platted Charles St.
Adjacent to: Assessor Parcels #901132001, 962700022 & 962700021
Distance: Approximately 450 feet
Sections 13,Township 29 North, Range 1 W
The road is not proposed to be a County Road (Exhibit B = Site Plan).
EXISTING CONDITIONS
This Permit would officially open a segment of platted Charles St. (aka Washington Ln.) right-of-
way (subject ROW) to provide access to the Applicant's parcels #962700021.
The access to this segment of Charles St. will come off the end of the privately maintained
segment of Kingfisher PI. at mile post 0.37 at a 90 degree angle and run northerly for
approximately 450 feet to provide access to Applicant's parcel #962700021. This segment of
Charles St. right-of-way has been improved without permits to a 9 foot wide drivable area. The
privately maintained segment of Kingfisher PI. connecting to the end of the County maintained
road segment was previously developed under an Open Right-of-Way permit (RAP2009-00053).
The Engineer's Report for the 2009 Open Right-of-Way permit called for two 9-foot wide lanes
and 2-foot shoulders. This segment of Kingfisher PI. will be rehabilitated to the 2009 standard,
together with an extension of platted Charles St. to the south based on a recent Open Right-of-
Way Permit, (RAP2022-00011).
The owners of parcel #962700022 located at 356 Kingfisher PI submitted comments regarding
the opening of this segment of Charles St. (See Exhibit I).
DESIGN STANDARDS
Roads shall be constructed to the County's adopted County Road design standards:
• American Association of State Highway and Transportation Officials (AASHTO) Policy on
Geometric Design of Highways and Streets (most current version),
• Washington Department of Transportation (WSDOT) Design Manual and Standard
Specifications for Road, Bridge and Municipal Construction,
Page I of 7
• Jefferson County Unified Development Code JCC 18.30.060 Grading, JCC 18.30.070
Stormwater, and JCC 18.30.080 Roads.
Based on proposed use, the topography and critical areas, it is not likely that this right-of-way
will connect to other platted rights-of-ways within Irondale Acre Tracts. The minimum typical
section required for this segment of platted Charles St. will be for a "Rural Access Road" (see
Exhibit C). The request to open this proposed segment of road is not for a county maintained
roadway, therefore, it is not required to be paved and the applicant will be responsible for the
maintenance of this section of roadway.
RIGHT-OF-WAY
Platted right-of-way width: Sixty feet is the AASHTO recommended ROW width in rural county
areas. The current ROW width as platted is 60 feet. This width appears adequate in this case.
Right-of-way centerline location
Roadways shall be constructed on the right-of-way centerline unless this is not feasible due to
topography, environmental conditions (e.g., wetlands, water bodies, unstable slopes), or
transitions to existing roads.
Prior to construction, the right-of-way centerline shall be staked by a licensed professional land
surveyor or located in the field based on existing monuments or property corners set by a
licensed professional land surveyor.
DESIGN SPEED
Speed limit may be less than 25
This is a privately maintained dead-end road on public right-of-way, and no posted speed limit
is required.
DESIGN TRAFFIC VOLUME
The projected Average Daily Traffic (ADT) per residence is between 6-10 trips per day. This
segment of right-of-way, when opened, will provide access to two parcels.
SIGHT DISTANCE
Adequate sight distance must be met based on the criteria within the WSDOT design manual,
Chapter 1340 and/or the AASHTO design manual.
ROADWAY CONSTRUCTION PLANS
The proponent shall construct the roadway to the minimum standards depicted on the Typical
Section shown in Exhibit C.
The proponent shall submit road construction plans prepared and stamped by a licensed civil
engineer to the Public Works Department for review prior to commencing construction.
Page 2 of 7
Road Construction Plan general requirements
Road plans shall meet the following general requirements:
• Be prepared by a licensed Washington state civil engineer;
• Include a plan view and a profile view;
• A scale of 1 inch = 50 feet or less;
• Depict the typical section;
• Depict project limits;
• Depict right-of-way centerline;
• The design shall accommodate both existing and future lot access and utility service.
Plan View
The plan view shall at a minimum depict:
• Horizontal alignment of the proposed centerline at 50 feet stations;
• Horizontal curve data;
• Cut and/or fill slopes;
• Drainage facilities: Existing and proposed, including culvert size, length, and material;
centerline station and elevation; slope, and skew angle;
• Stormwater management facilities;
• Utilities: Existing and proposed, both above and below ground; and
• Any existing or proposed features that would be affected by the proposed road
construction, whether in or outside of the right-of-way.
Profile View
The profile view shall at a minimum depict:
• Existing elevations and proposed finished grades at 50 feet stations;
• Vertical curve data; and
• Drainage facilities.
MINIMUM STRUCTURAL SECTION
Privately-maintained roads: The typical cross-section consists of a minimum of 4 inches
compacted crushed surfacing base course over compacted subgrade, and 2 inches of compacted
crushed surfacing top course. (See Exhibit C) An alternative structural section may be proposed
based on analysis by a licensed civil engineer.
All materials used in the construction of the structural section shall meet the requirements of
the WSDOT Standard Specifications for Road, Bridge and Municipal Construction.
SURFACING
Privately-maintained roads: An improved roadway surface (asphalt or bituminous surface
treatment) is not required.
MATERIALS TESTING
Privately-maintained roads: The applicant shall be responsible for ensuring that materials and
construction methods conform to WSDOT Standard Specifications. At its discretion,the Public
Page 3 of 7
Works Department may direct replacement of materials that do not meet specifications or require
testing of materials that appear not to meet specifications.
CROSS SLOPES
Local Access Roads shall either be crowned at 2% on centerline, or, 2% across the full width of
the road.
ROAD GRADE
Privately-maintained roads:
• Road grades shall not exceed 12%without prior approval by the appropriate Fire District.
• Roads grades exceeding 12% may require an improved roadway surface, either hot mix asphalt
(HMA) or bituminous surface treatment (BST).
• Road grades shall never exceed 15%.
EMERGENCY TURNAROUNDS
A turnaround area is required and shall conform to the Public Works Department's adopted
design standards. See Exhibit C.
HORIZONTAL CLEARANCE TO OBSTRUCTIONS
For roads with a posted speed limit of 25 MPH or less, a 10 feet wide clear zone shall be
maintained between the edge of traveled way and any obstructions.
UTILITIES
Utility installations shall meet the requirements of the Jefferson County Code, Chapter 13.56
Utilities. Any utilities installed within the right-of-way require review and approval for
installation and location within the right-of-way as determined through the Department of
Public Works utility permit process.
STREET LIGHTING
No street lighting is required. If the Applicant desires to install a street light, all costs associated
with the installation and maintenance are the responsibility of the Applicant and shall be
coordinated with the Jefferson County PUD#1.
ROAD APPROACHES
The approach to Applicant's parcel off platted Charles St. shall meet the requirements for a
residential approach (Exhibit D). The approach shall be an integral part of the roadway and
constructed at a location acceptable to the parcel owner(s).
GATES
This road will not be maintained at public expense. The Applicant will be required to maintain
the roadway. Installation of gates, barriers, or signs that block the public's use of this right-of-
way after the road is constructed are NOT allowed.
Page 4 of 7
DRAINAGE, EROSION CONTROL, AND STORMWATER MANAGEMENT
The Jefferson County Unified Development Code, Section 18.30.070 Stormwater Management
Standards adopts the standards of the Washington Department of Ecology Storm water
Management Manual for Western Washington (most current version).
A Stormwater Management Permit is required for projects that exceed 2,000 square feet of
impervious surface or 7,000 square feet of land-disturbing activity. See Exhibit E for comments
from the Department of Community Development. The proponent shall contact the Jefferson
County Department of Community Development to discuss stormwater permit requirements and
application procedures:
Jefferson County Department of Community Development
612 Sheridan Street
Port Townsend, WA 98368
(360) 379-4450
ROAD AND STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT
A Road and Stormwater Maintenance and No Protest Agreement is required for this facility to
be located on public right-of-way.
Per County Resolution 05-23, residential streets, particularly dead end streets/cul-de-sacs, do
not meet the required public necessity/general public benefit criteria required for
establishment of a County Road and therefore will not be accepted into the County Road
system. Such roads, even though within a public right-of-way, shall be privately maintained.
Due to the projected average daily traffic (ADT) of the proposed road segment, the applicant
will be permitted to construct a privately maintained road on public right-of-way to a standard
less than that of a County Road.
The County Engineer recommends approval to open a segment of public right-of-way to
construct a privately maintained road based upon the criteria in this report.
The Applicant must sign a Road and Stormwater Maintenance and No Protest Agreement in
order to (a) accept responsibility for all road and associated stormwater maintenance, and (b)
enter into an agreement with the County not to protest the formation of a future Road
Improvement District (RID) or other pro rata cost sharing mechanism to improve the roadway
should improvements become necessary whether proposed by petition or by resolution of the
Board of County Commissioners, or by both petition and resolution. See Exhibit F for this
Agreement.
ROADWAY CONSTRUCTION DOCUMENTATION, CERTIFICATION, AND MONUMENTATION
Construction Documentation
The applicant shall provide the Public Works Department with complete road plans in electronic
format that can be printed to scale on 11x17 inch paper. Since this will be a privately
maintained gravel road, although the road centerline must be established by a licensed
Page 5o17
surveyor prior to construction, centerline monumentation is not required. Following
completion of roadway construction, the proponent shall submit to Public Works complete "As-
Built" or "As Constructed" record drawings. The drawings shall reflect any changes made to the
original design. The proponent or designee shall keep detailed records of the as constructed
locations of all surface and subsurface facilities to be included on the record As-Built or As-
Constructed drawings.
Construction Certification
Certain items will need to be inspected during construction of these roadways. These
requirements will be identified once complete plans have been submitted to Public Works for
review.
Following completion of roadway construction the proponent shall submit to Public Works a
letter, affixed with the professional stamp of the Engineer of Record, certifying that the
roadway and stormwater management facilities have been constructed in accordance with the
design plans and specifications and all applicable federal, state and local agency requirements.
PERMIT
This report is not a Permit.
After the review and approval of all documents, plans, and/or reports required by this report,
and within three (3) years from the date of Board of County Commissioners approval of this
report, and prior to initiating construction, the applicant shall be issued a permit by the Public
Works Department. This Permit specifically outlines the arrangement between the applicant
and the County for work on public right-of-way by the applicant. The Permit will specify
insurance and bonding requirements, general provisions, and other requirements that are
applicable for work to be performed in County right-of-way. The Permit, once issued, will be
valid for one year from the date it is issued. The road right-of-way will not be considered to be
opened until all conditions of the permit are met and the permit is finalized. A sample copy of a
Permit is attached as Exhibit G.
OTHER PERMITS
Other permits and/or environmental review may be required for this project per Jefferson
County Unified Development Code (UDC). Any questions concerning the necessity of other
permits and/or environmental review and the processes should be directed to the Jefferson
County Department of Community Development, 612 Sheridan Street, Port Townsend, WA
98368, Phone (360) 379-4450.
RECOMMENDATION:
Public Works recommends that this request to open County right-of-way to the standards and
requirements listed above be approved. This recommendation will be forwarded to the
Jefferson County Board of County Commissioners for approval by way of Resolution (Draft
Exhibit H). Once completed, inspected and all permit conditions met, the permit will be put in a
Page 6 of 7
'Final' status and this road will be considered to be opened but will be privately maintained and not
become part of the County road system. The right-of-way, however, is public and shall remain open to
the public.
•
Monte Rein ers, P.E. Date
Public Works Director/ County Engineer
Page 7of7
EXHIBIT A
sov e Oi'ce use o I
Permit#
r�,
4" Department of Public Works Receipt# 3
eceip# 3 �'
623 Sheridan St,Port Townsend,WA 98368 1360-385-9160 Check y p� Date paid — 3
SkING�
Mile post
OPEN RIGHT—OF—WAY PERMIT APPLICATION — 2023
$1,051.00 Fee
Make check payable to Jefferson County.Additional fees will apply per ordinance 02-0312-12.
Applicant Information Designation of Agent(fill out only if applicable)
Property Owner Designated Agent
Phone Email Phone Email
fit) EC, L
Mailing Address Mailing Address
for-!`- ")2 ,eon '� Cf
City,State,Zip City,State,Zip
Project Information
Purpose for request to open right-of-way: .10 PrOFel r
Name of road/right-of-way to be opened: t^-aSt^ Tor /G.inar(4S
Total length of right-of-way to be opened: y SO'
Property parcel number(s): 72\ OOO1I
Name of plat where road is located:
Attach any recorded surveys(list volume and page numbers):
Nearest cross street: k.
Other permits associated with this request(e.g.septic, building,stormwater): a:00
Will you be installing any utilities within the right-of-way? 'Qt JC"' a<,'94 t` 7-
Site Map
Attach a site plan or plat map that identifies the right-of-way to be opened and the parcels you own.The map
must include the cross street access point,access location to the applicant's property,and scale.
Acknowledgements and Signature
By signing the application form,the undersigned Applicant attests that the information provided herein is true and correct
to the best of his/her knowledge and agrees to all conditions on the permit.The Applicant also certifies that this application
is being made with the full knowledge and consent of all owners of the affected property.Any material falsehood or any
omission of material fact made by the Applicant/Owner with respect to this application packet may result in this permit being
null and void.
The Applicant has read this disclaimer and signs and dates it below.
Property Owner or Designated Agent Signature Date
Application continued on next page. Page 1 of 2
Site Map
Attach or draw a site plan or plat map that identifies the right-of-way to be opened and the parcels you own.The
map must include the cross street access point,access location to the applicant's property,and scale.
Page 2 of 2
EXHIBIT B
She Map
Attach a site plan or plat map OR draw a detailed sketch below identifying the owner's parcels and
desired access location.The map must clearly show the access location and how It will be marked on
the property(e.g.colored flogs,stakes).
t`p I0a`
f is rik
, ,„„
wet-11 fi
' 1tko4 I5E
I iI {
I 1 I ADO I
s1i
i
1
I
I
,
i
l
4 _ _ —
3o0'
Page 2of2
%.,,... ••- '''''
- ..901123013 962700019 962700030 962700120
.._.. ,.
_. ............____ .
— 1
....
, -
' -.A. .4",. t 4 '' • Ili
- U
901123014 .. . . , fi 96274
00029 962700057
_ .
- - —
..?.SO* .-r.
,
*.:
962700021
• , ."
••.• •• ' " ......
962700027. 962700028 96270 oo5a
•
962700022
I .
, . .
901132002 901132001 • . , . ,
.... . ..Kincifilsher PI . -
- ' ... . .
oore • -, ,
Akillos,-
9 6 2 7 0 0 0 2 3 962700024 962700025 96270002.1 1 •nil i i .0,..
.%4, - ,e,,w;•-.'*!.
, .
'•..i ri.- AI:,kk.
-••.'iti -gdi *r. MD.JV$-rf,Rio,iquingati,,,114Vgwgiu CYotm3 t WA,VAJAVD.Nrk JOTO ATP:Sum ty,w A!Sg.,,
YreiX•111.A../1/4..AMV11. 'k''-'-',,,.110;6,a(01.1ilfW Attlit h -,Ala., al ‘11•:!..soli'c_ ,ja.p I..n.:',,,V.411.3
rhese data are provided on
an "AS-IS"basis,without Jefferson County, WA
•.7 c)e-
Narranty of any type, .-
3xpressed or implied, including
-e:
)ut not limited to any warranty
3S to their performance, • ii.
-nerchantability, or fitness for 1:4,514 I Date:4/20/2023 •I'vii i I,:(-1..\L
any narticular nurnose i
W a9T L 36 P:9)'3i1 oT 2 1.'%
9RegµeR WKMIMG
•IIIhrNi iiiirJhlltFtnYio N��6neir 1IIII
■■■■■■■■ "
■/®\■■■N7■fm 14!i $ � �
■\0/■"'111 k' _P�. o " ate :lb
�N •or• •• -E---Bel.9.7 ()0 0K CEN€6 I/.ttNNce Sec.12) 1 9T F"13
CN Lis-$T. 66a J>'---_ N I'Ie'10-E Al� noivrro�t1m an -9e' 8� g_--_— —sea.Jr--_—___ _ eeaJ>•- � ��^"'��
I J009s' 19 - —"_ --_— CNARLEs,sT.
W' ^ JOO.IB -JOO r9' -t- 100.iB� -JOO IS' N R.. I g
l I �
ll
g l u9 I. R„ I II q� I II I "�, ��' ^ 47�5
,1'4 a ;g J e i I$ ! o g1 y a A 1 1 4t `q $11 -"r 01 k; Y TL') I >eq £g"tk
ii
—8 I;I� 8 8 I^ ^1 I LLJI
I J3 !
• 2
$. � � 802U—M�_—__�I�'At' ��f1D,6>e.0� L JW.IJE 1��-f0P.9T - 01,9',2-w-- �
iS JOO.I! -J00.1J �"
w y �X� r w.1 �R A }/ J00.1J'
�p' ; •
. I I i wAr 4A, ; r
in - s ol_.13!'w__6o1r1_- I'In 4 y �..g ' tb$ g;&I ' S Ai i° '
£ o 11'3
_ .1,.. $I Iy g § It g / PI I I §a I^ ulv
_Or'JS'JB'E _ I _R"_ S 01'Je']B'W-L'I,'_? ____210' _i_ J00.1>' 1 s1� Ig
c: � ---- - _ eeae>'— 1 gaze -�;'= 1---_ 8 0OO1eoz 2o' _ _ � or�l'oa'E— �`aeo.sr-�NHEW OR.-R orar' �'�_� Ja ze� -i 5���9 �� �, JOO.TB SOO.SS' I I_ ]002ir JU0.2e��-E�-ee0e>'TO..< - 21'O MO C -'ZN
II il,_c_..120ASL
1 waza• rC FI In s 11
I �� I � C MOTS O a
k- ', ,Xy Y' Il ly " I� QA�__-_ w n�
dI p {�I �,^, £u N O
g �el'm� c11�ILLy� oru'Jw "gam 41I I £YS I'^A ' fir,^ n j X"�}^�y"E siedG P. III X 1'' gag I -A �4 aav
^ T �1�Z� __eo2ze�k� CI ^;:-1 .E r SaOm^§A'v'i nr/,g1'oo -b -on, Ih a f'la v7 vp
7 .Y '� . ,�q TglggW� y $pp �' b miI p�oNao-. � ^Ido_.4 ' $$ 9H lip ' -n g'n- -n
I; - yei £4g 'I'I- ^b "„ ^Co' . i,i'-1S.;»$q I ,L, or,v". St2gy -, sl „ 2 �
33
m +3•� q $ �� .Rp ckm7,,I I y m I .,- o' I IX od fA op . poi§ ti a'v ••,m y ry 22:o4 N
r'k
�\ '�_zg eoz J.___ ;_ oit
e`e I�dj J >• T I p li
=0r 29'JJ'E S 0129'eJ'W-pPACELWD WAY 6e2J3' JCO.�'-_ "J1' , JpO.JJ" �__ I�: N '��m v� C
M , JOI.IeW- p A �86- 0122'ae-E—- 66060-ORACELANO WA Y-W Of 2a'2e'E—a 07 J2' VI .J2. *
JOa JJ B Oee'--- h
7 r I �, Th
sOr]zae'w- C� 2s-'IC� gi y $$
py I F.'." I" L" yp y py " O,
n Or__ N -� z $o' a 1nN r I gi
ig
0 :a I 4.;. fxp4I6 I'I-p$ ' 'n ii NI�j-;;
'I I 8" R-Io % 5 • $ ,�-, k voidn 31 � � 0u1:
I LH a 81 g b gig; !16 gi I^§z„ ,1 ..1 , ;� " :I 6.
^' # a
" I i 0, I 1 m
1 In
R. I W �$ _ I I�I !
--O> E -''S-- -�-__ _ 1 I R. I W I I
w R12,'E 12,b>'E NPf- 7T_$ " '. 1VI ?W.J)_
/ \ - R. I E. /
F� $$3 n yy Q
yIlli6Q i R g^ g o7 it Al
>o ,nn ?eJ.ON
�� (TD Ea ST I/.COR. SEC. 12) 1J Sr-E A 1 y,�,• $u
11
nill E
gii
'''' 't'':3
4,1 " y:: o^' g R L' rn
.a `" ,_ I 22 3 m p'
;g g g -�„_oaa"aa.e;^ I I �a5A b €�5 0H3 —_ — _ w8,1.y8auU.il'nR g N ,$,u 9 A 2 L "i'a"
ai g .,"�� z A M: A' 4 Pr "I A
a Nee d ffi q2 r 4 .0 r. €5 g,3i gi 7� .! AR.. pdl
c�"�y+Ri�AI� �j,> Nu'��d ����.Y g� RRRu J�waw a84m , ,14,. d�1A' k. >x is
p2,I ; ; y' - g � J F F Et ' "' y l�i p1�X 'n t1„ k- v - . . � A S
' a
I
y„ !, pAc.i .,sy
2-14,5*
AMENDFO
.fioNDALE AC llt 7711IG14
IRONDALf& ROALTY CO
.1,
,5,
M.o..5•4•44.
,.,5•5,-.21,7„., 5,55 .-
'1 i '6111M101
1 I • ' .5- •
''..'' _•-•'BO: tEz. .
•
...,-.... ,...
o t 4 Cli/PTION
...so,,irckdo4 A,.7Ses,sx eysleares a V zs. fk-
n.'I'- - .,-
A e ,,,,,,,",,rm I5•5-mm.55`fmm15,5../M.5,
.. I
n
0
• , Assn''.sr-,s, MiMm-Me Mem:545.,-fremi,,sksses's.,/,,,,,k•fe,65,,r m....sf ,-...fre,off.,•,,,,m5fml"ce
..M.
. e
FEL111,:, . ., ,,,
, 0,0 „........,SomM1 fro.••/55 A4.-......s,cern,-Jr'I..56-...5,
5.•-h•-,"55.",,,,me-mc...s s.e..."fees;farace,5 o..,,,
.Z.1 ase.e.,`4...cyc estas e.z._1 Aza,'assysee slfs-aS pa,5'Ace es
pea,e ..7,..,7
• as .mm,
;. 6i,
,... -.4/55,..,G,,,.s.,.., 7-,....,,,t.,,
s g
25,1,4,-,cre,'Ye 44/47,,,,h*hleaseSess s.a.e.,',r-//Ye
moo.,AC v. n
7, J 16.4,3 asel te'.e..16,..roansureae.-aa Sces.a,.,,f,Tose..s.*
• , I
,,,s,4ame/ma.v,m"Mr 51/...Me Mems.,
,..: ••
• . '•5.,
2,-,,
I . My+ 'oivo 4-.0.01c....17742,
1.: I. l•
'
"Moo/a/Z.5,6v-4•15.5..../5 75.,•Mom...5....,, •••••5
.1 q. "
•5 a 05.f.5m,cA.,,,,,rfir s...o y,"Nre 4,..,,..../,,,,,,,e.?4,1,-/s,06es
AzI .-.., .blakttf,WW1 W, .fm.dec/cm•.55„54,,,,,..k.ffcm feayss.e..,feefeses-s'es.c
. -..;;,-. — 7.;•,, , , „ „‘„, , , .
es
as ,s I i ,..-5.555,55/5,5•••••,....,S../.........,-5.5551,5
mmwrismm•ro".5.555m."..KM evessay seams,.yes s e,-.....dasy
-.ea..*es.zes.......,sness rm Matt 5,1,-MO ,m,s,,m,,...,,rnel,."-ms,•4•5,55.94,,,m5•••••,..5.55/5.•
s.ra.siage Lab,* .., yey -
Slesss.. sees. aseas:75.5....../Casperzinz.'• 1 so Racy.of do/Tenon Casz.ty,labe/sesoy. ''" '4 eize- For,L1 er Tr.m.mle,.
.Serses„,,
siC/fW01,444GMENr
. _
,.52,7:4,"1—
Cyfteessasseze
—
Szay...ye.,zasazaasz agy...y.s..Za...s.....-...m.a.saielaNesseasesszessas
'
..„
• ,:' :,.,:,f 1-
.• C:..-"5,••-• '
• yy
1 _ • n ,y n,../.o.,5n5n.,.,....e..nsftno...nam5no ner esn n-fme,zoe"z e.ry.a4n,.d nmA.-nmm.•.n.,....o.n...a"nom,n..nrd.noen)er r,,eM,,mcer sr,,a,,/+wMM,onr,n.ef.mI.m ySna7eny.e-,y,A5.d...J...n.5nn o.n.in
.e.d
,,,, ±; jRECan/NO mm... e. .on
ofm .H, ., m
,,,,,,A
•
n..)riven on nbtn...,An,
. n...5
.:
5 1s ,
as . ,. 5e a,-M ocefs p . "5,.,./C•
e,ayesafys.,C,oen,saarzaesYrtlstzY-12 I
aa..4-frefisol,Ca...et riverecr.
ma 57 1 5 4
......,-:19/8.30
75-
ayes.,ay.see Mr.,0/5.55.5.5m,.....=• 'Cam.....••••5••••Me..e,e
to 5 a 1 Gs i,..', ==',,,,'S:74.--41, ,.''' .' 1107/...W ,,
,
i
mme
....mn.,J
••••
/
k
'. I
--,1
z
z..
•
ti
.
MI
EXHIBIT C
4i4soN c06 #1
I� RURAL ACCESS ROAD DRIVEWAY
14' ROAD SECTION
4ING
ONE LANE ROAD WITH TURNOUTS
( SERVES 4 RESIDENCES MAXIMUM )
c.
► VARIES sots VARIES
► 14'-0"
► 7.0' I 7.0' �
z
w 1 w
m
* 2 t2% .1 2 * ''8
O T
Q �-T 1 ii III III ill„=-III III- 11—_11i III-1!1 1i1 �,
IIT ,11 I11;=1�1 1 i—,�
CRUSHED SURFACING 'I; _`'�--._ u_
o TOP COURSE (CSTC) i =,11 --h/ o
I 12" MIN. 2" MIN. COMPACTED DEPTH
= DITCH � _�,_� _
o E DEPTH CRUSHED SURFACING E
o BASED COURSE (CSBC)
0 4" MIN. COMPACTED DEP H o
cc ce
COMPACTED SUBGRADE
ROADS SHALL BE CONSTRUCTED TO THE COUNTY'S ADOPTED STANDARDS;
- AASHTO GEOMETRIC DESIGN OF HIGHWAYS AND STREETS (CURRENT VERSION).
- WSDOT DESIGN MANUAL AND STANDARD SPECIFICATIONS FOR ROAD, BRIDGE AND MUNICIPAL CONSTRUCTION (CURRENT VERSION).
- JEFFERSON COUNTY UNIFIED DEVELOPMENT CODE CODE, CHAPTER 18.30.080.
NOTES:
1. ALL MATERIALS SHALL MEET WSDOT STANDARD SPECIFICATIONS FOR ROAD CONSTRUCTION.
2. CSBC & CSTC DEPTHS SHOWN ARE A MINIMUM; INCREASED DEPTH MAY BE REQUIRED DUE TO SOIL CONDITIONS.
3. * SLOPES FLATTER THAN 2H:1V ARE DESIRABLE WHERE ACHIEVABLE.
4. MAXIMUM GRADE IS 12%. GREATER THAN 12% WITH PUBLIC WORKS APPROVAL; PAVED SURFACE MAY BE REQUIRED.
5. ROAD STANDARD IS FOR PRIVATELY MAINTAINED ROADS ONLY WITH NO POTENTIAL FOR FURTHER DEVELOPMENT; NOT A THRU ROAD.
6. INITIAL 30 FOOT SEGMENT AT INTERSECTION SHALL BE 20 FEET WIDE WITH 25 FOOT LONG TRANSITION; SEE DETAIL.
7. 20 FEET WIDE BY 50 FEET LONG INTERVISIBLE TURNOUTS REQUIRED WITH 25 FOOT LONG TRANSITION; SEE DETAIL.
Nov. 21, 2022 PAGE 1 OF 2
4w�soN coG ,
4
1- RURAL ACCESS ROAD/ DRIVEWAY DETAILS
4SFII NG`S 25.0'
20.0' ....---
R20.0'
f f
_....))
14.0' 14.0'
TURNING
---)\ AREA '
14.0' STANDARD 60.0'
TURNING R20.0' 30.0'
AREA /
20.0' f
TURNAROUNDS
[-a- 25.0' I 50.0' i VARIES 25.0' - 30.0'
20.0' - 20.0'
14.0' 14.0' 20.0'
INTERVISIBLE PAVED
TURNOUT APRON R25.0'
/
INTERVISIBLE TURNOUT AND ROAD APPROACH
Nov. 21, 2022 PAGE 2 OF 2
EXHIBIT D
',' 'ON .-. PAGE 1 OF 1
Ci TABLE-1 Nov. 21, 2022
LA-1
I SIGHT DISTANCE
�' `�rl p ^.---
SPECIFIC REQUIREMENTS
SEE EQ CULVERTREMENTS IT FORR/cyl pry ROB ` /'! ~� POSTED MINIMUM
DISTANCE
�S�IlNV0 i ''qY \ �:. ,. / i ��. 25 MPH 155 FT.
r 30 MPH 200 FT.
35 MPH 250 FT.
\\"S. / / A 40 MPH 305 FT.
\.. a 45 MPH 360 FT.
- - \ S'r�, ISe0.4c 50 MPH 425 FT.
PULL BOX —�t� "„, —��� .. ` T� y y) 55 MPH 495 FT.
AREA & POST _�_ % �. TABLE-2 I
SEE TABLE-2 / O • P`'to ' / RETURN RADIUS
FOR RADIUS ��`P4` `, , Os :j "/ RESIDENTIAL — LOCAL ACCESS RD. 10'
E' .....y APPROACH - MINOR COLLECTOR RD. 20'
- MAJOR COLLECTOR RD. 20'
l P MAJOR
�������� "% APPROACH - ALL CLASSIFICATIONS 35'
CFti •,.. ONTABLE-3 I
- Q(� PLAN APPROACH WIDTH
OF �p� �� • \'� ��C/ N.T.S. RESIDENTIAL APPROACH 10' MIN. / 16' MAX.
����)NA' lib A pGF p� S,S,O� ' •.\ �F.\ MAJOR APPROACH 20' MIN. / 36' MAX.
OFN qit . e . NOTE: MAJOR APPROACHES INCLUDE ALL COMMERCIAL,
�"� MFR- - / INDUSTRIAL, AND/OR PRIVATE ROADS OR SHARED
DRIVEWAYS, SERVING MULTIPLE PARCELS.
NOTES:
1. CONDITIONS PROVIDED IN THE ROAD APPROACH PERMIT WILL GOVERN INSTALLATION.
2. THE FOLLOWING ROAD APPROACHES ARE REQUIRED TO BE PAVED:
- ALL ROAD APPROACHES CONNECTING TO A COUNTY ROAD WITH AN ADT OF 21000. >
- COMMERCIAL (de INDUSTRIAL) ROAD APPROACHES WITH A PROPOSED ADT OF 230. I 3
- COUNTY ROAD APPROACHES FOR NEW PRIVATE ROADS AND/OR SHARED w z t
DRIVEWAYS SERVING MULTIPLE PARCELS. wo
- COUNTY ROAD APPROACHES FOR SHORT PLAT AND LONG PLAT SUBDIVISIONS. w w o
3. PAVING IS NOT REQUIRED FOR ROAD APPROACHES CONNECTING TO GRAVEL ROADS. w a ( EXPANSION a Qµ P�<<
4. PAVING REQUIREMENT: 2" MIN. (COMPACTED DEPTH) HOT MIX ASPHALT (HMA) OVER I JOINT IF �/ ;�;.""'
4" MIN. (COMPACTED DEPTH) CRUSHED SURFACING, OR 6" CLASS 3000 CONCRETE.
I
CONCRETE
5. GRAVEL REQUIREMENT: 3" MIN. CRUSHED SURFACING. COUNTY ROAD i SR
�\ i 2X SLOPE TO +
6. APPROACH SHALL BE AT 90 DEGREES TO COUNTY ROAD CENTERLINE. ANGLE MAY • c DITCH �� i _ i
VARY FROM 90 DEGREES TO 75 DEGREES WITH PUBUC WORKS APPROVAL. . r i I I I i_ u 1 I I -I i 1[-I I,
7. CULVERT PIPE MUST BE 12"0 MIN. CORRUGATED METAL OR DUAL WALL CORRUGATED I1 1 i 1 11 j 1 I - II II 111 1 III
HDPE, WITH BEVELED ENDS. _ I= 1 �_�
1 1 1,
6. CULVERT LENGTH TO BE DETERMINED BY APPROACH WIDTH, RETURN RADII, AND DEPTH SECTION A-A
OF DITCH. CULVERT SHALL NOT EXCEED THE LENGTH NECESSARY TO EXTEND BETWEEN ,I'
TOE OF FILL AT CENTERUNE OF THE DITCH ON EACH SIDE OF THE ROAD APPROACH. MIN. 12" DIAMETER CULVERT 1 N.T.S.
9 THE GRADE OF THE APPROACH SHALL FOLLOW THE CROWN OF THE COUNTY ROAD (OR LARGER AS REQUIRED BY
SUCH THAT NO SURFACE STORMWATER IS DIRECTED ONTO THE COUNTY ROAD. PUBUC WORKS) WITH BEVELED
ENDS k 6" MIN. SOIL COVER. A
10. REQUIRED MINIMUM SIGHT DISTANCE SHALL BE PER TABLE-1. MAINTENANCE OF THE (oJ
SIGHT TRIANGLE IS THE RESPONSIBILITY OF THE PROPERTY OWNER. SEE JEFFERSON I11
COUNTY PUBLIC WORKS WEBSITE FOR MAINTENANCE/REPAIR INFORMATION. BRIE IOU CIG
1 S-424-5555
11. SEE JEFFERSON COUNTY PUBUC WORKS WEBSITE FOR MAILBOX STANDARDS AND
INSTALLATION REQUIREMENTS. Know what's below.
Call before you dig.
EXHIBIT E
_soN co JEFFERSON COUNTY
G2a DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend,WA 98368
360-379-4450 I email:dcd@co.jefferson.wa.us
-9SHING� www.co.jefferson.wa.us/260/CommunityDevelopment
SITE DEVELOPMENT REVIEW
Case Number: SDR2023-00127
Applicant: Cary Casal
Date Completed: July 24, 2023
Per Ordinance No: 09-1003-22 and Jefferson County Code (JCC) 18.40.440, site development
review (SDR) provides owners and developers of land an assessment of site requirements for
development of property. SDR is required prior to development.
The result of SDR is a description of the physical aspects and constraints of the site for the purpose
of guiding development. While SDR will not vest a property to development regulations, it provides
for a professional analysis of the site according to current development regulations.
Jefferson County Department of Community Development (DCD) Planning staff has reviewed the
property at the following directions: Oak Bay Road to Jacobsen Drive left on Graceland Way right
on Kingfisher Place right on Washington Lane, parcel 962700021. This SDR reflects the conditions
of the property at the date the review was completed.
NOTICE TO APPLICANT:
The purpose of the SDR is to provide owners and developers of land with a professional assessment
of possible site development issues without first applying for permits. As this is a preliminary review
of available GIS mapping data and nontechnical information supplied by the applicant, it is NOT a
guarantee that development can occur in the manner described. However, it is a valuable tool to
allow applicants to plan out the development process in advance. Here are three key disclaimers:
• Site Development Review DOES NOT VEST applicants to a particular set of regulations; that
can only be accomplished in the manner set out in JCC 18.40.320, which in many cases
requires filing of a building permit application.
• Completion of this review does not guarantee future approval for an onsite septic system. An
applicant must apply for and complete all required permitting pursuant to chapter 8.15 JCC
and WAC 246-272A. Use of older septic systems is not guaranteed.
• The adequacy of a potable water supply cannot be assessed until the time of building permit
application. Proposals necessitating a determination of adequate potable water supply must
meet all county and state requirements in effect at the time of application.
• All parcels connecting to County roads or State highways require an approved access.
PROPERTY REVIEW:
Nature of Proposal: Construction of New Single-Family Residence
Permit History: FPA2607259, 104-acre harvest, 8900 ft road and culvert replacement.
SEPA done under ENV99-00006, completed November 11, 2007; RBLD2023-00101 in
review, applied for May 31, 2023; SEP2023-00059, in review, applied for May 16, 2023;
ADR2023-00040, in review, applied for April 19, 2023; RAP2023-00011, in review, applied
for April 19, 2023
Water Service Area: Quimper
Zoning:This parcel is zoned Rural Residential, one dwelling unit per 20 acres (RR 1:20).
This is a substandard lot and is 4.03 acres in size.
Legal Lot of Record Status: The Department of Community Development (DCD) has
determined that the property evaluated under SDR2023-00127 does not meet the standards
of Chapter 18.40 JCC and Chapter 18.12 JCC. Jefferson County hereby issues a
determination that the property is not a legal lot of record. The lot may be conveyed under
its current legal description per RCW 58.17.210 but is ineligible for development permit
applications per Chapter 18.12 JCC. JCC 18.12.020 requires that this determination must be
recorded with the County Auditor at the expense of the landowner.
Residential Development Exception: Jefferson County Code (JCC) 18.12.080: "(1)
Residential Development Exception for a Substandard Lot of Record. The director will
consider a residential development exception only if none of the provisions of JCC 18.12.070
apply to allow for development on a substandard lot. A residential development exception
for a single lot determination is a Type II application pursuant to Chapter 18.40 JCC.
Approval of a residential development exception constitutes a determination that the lot is a
legal lot of record under JCC 18.12.020. The director may grant the exception if the
applicant demonstrates that the application for a residential development exception meets
all of the following criteria:
(a) The department of public health has reviewed the substandard lot and determined that
the proposed means of sewage disposal and water supply on and to the substandard lot is
adequate and will likely not cause degradation to groundwater or surface water quality;
(b) The director has determined that the substandard lot is served with an adequately
designed means of ingress and egress, and with adequate drainage facilities, none of which
interfere with or impair existing or planned public roads and drainage facilities in the
vicinity;
(c) The existence of the substandard lot is not the result of the property owner segregating
or dividing the property or otherwise creating the condition that results in the need for a
residential development exception;
(d) The property owner cannot consolidate an adjacent lot(s) pursuant to JCC 18.12.070(2);
(e) The substandard lot is directly adjacent to existing lot, tract, or parcel with existing
permitted or legally nonconforming residential development, or at the director's discretion
the plat has already been substantially developed at the time of determination;
(f) The proposed activity on the substandard lot will not adversely affect the public safety
and welfare of persons occupying the property, adjacent or nearby property owners, or the
general public;
(g) The proposed activity on the substandard lot will not cause or increase flooding,
degradation of critical areas or species, degradation to natural resources such as shellfish
beds, or degradation of areas preserved for public enjoyment such as parks, beaches, and
other natural areas;
(h) The proposed activity on the substandard lot will not adversely affect adjacent or nearby
property owners, or interfere with their enjoyment of their property;
2
(i) The activity proposed on the substandard lot is the minimum necessary to allow for
residential use of the property, including agricultural, forestry, or recreational activities by
meeting the minimization standards of JCC 18.22.640, 18.22.660, and 18.22.740; and
(j) The director determines that issuance of the permit will not adversely affect the public
interest, as required by RCW 58.17.210.
(2) Determination of a Residential Development Exception for All or Part of a Plat Pre-
August 11, 1969. Certain plats may substantially meet the requirements of this title and
Chapter 58.17 RCW. If a substandard lot cannot be developed under the provisions of JCC
18.12.070(4) or subsection (1) of this section, a lot owner or representative may apply for
an evaluation of the entire plat. The residential determination for all or part of a plat is a
Type II C(d) application pursuant to Chapter 18.40 JCC. The director may determine that
lots within all or part of a plat can be recognized as legal lots of record, if they meet the
following requirements:
(a) The plat was legally created between June 9, 1937, and August 11, 1969;
(b) Further development of the plat would not substantively alter rural character as defined
in JCC 18.10.180 based on existing location and patterns of development within the plat;
(c) Recognition of lots within the plat would not impact forestry resources according to the
following provisions:
(i) Lots are not zoned as forest resource lands (CF-80, IF-20, RF-40);
(ii) Lots that are vacant or not developed with residential uses and are more than 250 feet
from any CF-80 parcel;
(iii) Lots that are vacant or not developed with residential uses and are more than 100 feet
from any RF-40 parcel.
(d) Development of each lot within the plat can comply with Chapter 18.22 JCC;
(e) Every lot proposed for development within the plat can satisfy the water availability
requirements of RCW 19.27.097 and any applicable water resource inventory area (WRIA)
administrative rule adopted by the Washington State Department of Ecology;
(f) Development of the plat will not harm environmental resources such as shorelines,
shellfish areas, and salmonid habitat, nor will it impact water quality or quantity; and
(g) The director receives a report from the director of public works that concludes that
further development of the plat will not create significant adverse environmental impacts to
the transportation system, after evaluating the following:
(i) Levels of service of existing roadways and possible effects caused by development of the
plat;
(ii) Ingress and egress to the plat;
(iii) Road engineering;
(iv) Management of stormwater runoff from roads;
(v) Whether the developed plat can meet current stormwater regulations;
3
(vi) Any existing community stormwater drainage system; and
(vii) Utility access and maintenance easements for county maintenance; and
(h) The director receives a report from the director of environmental public health that
concludes that further development of the plat will not create significant adverse
environmental impacts to public health, after reviewing the following:
(i) Water availability and potential impacts to water and other environmental resources that
may be affected by development of the plat; and
(ii) Proposed methods for sewage disposal. [Ord. 9-22 § 3 (Appx. B)]"
Setbacks: The setback from Washington Lane is 20 feet from the parcel boundary per
Jefferson County Code (JCC) 18.30.050. The setback to all other residential properties is
five (5) feet. Ingress/egress easements will require a 20-foot setback per Jefferson County
Code (JCC) 18.30.050.
Critical Areas: None
Required Reports: None
Stormwater permitting: Stormwater Best Management Practices (BMPs) shall be
implemented as conditioned on any permit approvals and as required in the current edition
of the Stormwater Management Manual for Western Washington. Jefferson County has
adopted the most current edition of the manual produced by Washington State Department
of Ecology.
• A Stormwater Management Permit is required for grading of 500 cubic yards or more,
land-disturbing activities of 7,000 square feet or more, or creation of 2,000 square feet
or more of impervious surface. This approval may be obtained through a building permit
or, if you wish to clear the property prior to building, you must obtain a separate
stormwater management permit. This is required prior to clearing and grading for
related development, such as septic system installation or road/driveway construction.
• Stormwater Management Permits or Vegetation Removal Permits are required for any
tree removal within a critical area or its buffer regardless of square footage cleared.
• Impervious surface includes gravel surfaces.
• Building permits must address stormwater.
o A small project is any impervious surface under 2,000 square feet. You must
meet minimum requirement #2 from the manual.
o A medium project is any impervious surface from 2,000 to 4,999 square feet or
7,000 or more square feet of clearing. You must meet minimum requirements
#1-#5, including on-site stormwater management. The building permit
application should include a designed stormwater management system to
address runoff from the roof and other hard surfaces.
o A large project is any impervious surface from 5,000 square feet or greater. You
must meet all minimum requirements. The building permit application should
include a designed stormwater management system to address runoff from the
roof and other hard surfaces. If your project meets the large project threshold,
your parcel is five acres or larger, you are not within an Urban Growth Area, and
full stormwater dispersion cannot be met, an engineered stormwater plan is
required to ensure low-impact design standards are met.
• If you plan on clearing the property and would be required by the state Department of
Natural Resources (DNR) to submit a Forest Practices Application (FPA), you must work
with our department first to obtain a Stormwater Management Permit with State
4
Environmental Policy Act (SEPA) review, in association with a Class IV-General FPA, in
order to avoid a 6-year Development Moratorium per the state Forest Practices Act.
Jefferson County recommends you contact DNR for FPA requirements.
Next Steps:
1. Apply for Residential Development Exception Jefferson County Code (JCC) 18.12.080.
2. Apply for development permit(s).
UDC Administrator,Jefferson County DCD Date
5
EXHIBIT F
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 1 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 2 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 3 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 4 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
ROAD&STORMWATER MAINTENANCE AND NO PROTEST AGREEMENT Page 5 of 5
EXHIBIT G
1.
�i , rear.
Department of Public Works •
Jefferson County, Washington
t , - 623 Sheridan Street, Port Townsend, WA 98368 (360) 385-9160 wowwgwsbelow
fr i�ut U belSN Wu dig
OPEN RIGHT-OF-WAY PERMIT
Case Number: RAP2023-00011 Road#: 535009 Charles St
gel
CARY CASAL Oil
PO BOX 94
PORT HADLOCK, WA 98339
In accordance with all applicable Revised Code of Washington and amendments thereto, and subject to all the terms, conditions
and provisions written or printed below or on any part of this form, permission is hereby granted to:
1.) The Applicant has permission to open a portion f platted Charles St. from the intersection of the privately mainted
segment of Kingfisher pl. northerly for a distance of approximately 450', in accordance with the Jefferson County
Public Works Engineer's Report and approved plans dated . The Engineer's Report
specifies a road standard for a Rural Access Road which does not meet the criteria for a County road. Therefore,
this segment of right-of-way will not be maintained b the County.
2.) The Applicant may install a private road approach off the newly extended and c structed roadway to their parcel
as shown on the approved plans dated
Conditions 1134
1.) Following completion of roadway construction the Applicant shall bmit to Public Works complete"As-Built"or
"As-Constructed" record drawings that reflect any changes made to the approved plans.
2.) This permit must be located on site when any work encompassed by the permit is being performed. Failure to do
so may result in suspension of all work.
3.) The segment of Charles St.to be opened shall be built on the platted centerline per the Rural Service Road
Standard Typical Section. The right-of-way shall be located and the centerline staked by a surveyor licensed in
the State of Washington.
4.) This permit is issued in conjunction with any mitigative measures assigned to this project through the
development process.
5.) This approval is for opening a segment of Charles St.from the end of Kingfisher Pl. northerly for a distance of
450', and the road approach to the Applicant's property only and does not constitute approval of other activities
within the right of way or on this parcel. Any future permits on this site are subject to review for consistency with
applicable codes and ordinances and does not preclude review and conditions which may be placed on future
permits.
6.) Following completion of roadway construction,the Applicant shall submit to Public Works a letter, affixed with the
professional stamp of the Engineer of Record, certifying that the roadway and stormwater management facilities
have been constructed in accordance with the design plans and specifications and all applicable federal, state
and local requirements inspection prior to a final building inspection.
7.) Applicant must give Jefferson County Public Works office(360-385-9159)a minimum of 7 working days notice
prior to beginning work. An on-site pre-construction conference shall be sc uled by the applicant and will
include Public Works and the contractor who will be performing the work. Ito this meeting, any utility locate
marks shall be done (Call 811-48 hours before you dig).
8.) The Applicant must sign, record and return to Public Works the Ro & mwater Facility Maintenance& No
Protest Agreement.
.C)
The applicant, by signing the permit application, has agreed to all of the conditions in the permit including the provisions on the
back of this form. This permit shall be void unless the work herein contemplated shall have been completed before . The
Department of Public Works may revoke, amend or cancel this permit or any of the provisions thereof at any time by giving written
notice to the grantee.The grantee, upon notification, shall immediately remove all of his equipment and facilities from the County
right of way.Any equipment or facilities remaining upon the County right of way 30 days after written notice of cancellation shall be
removed by the County at the sole expense of the grantee.
In accepting this permit the grantee, his 'successors and assigns, agree that any damage or injury done to the property of the
grantee or any expense incurred by him through the operation of a contractor,working for the County or any County employee
shall be at the sole expense of the grantee, his successors and assigns.
For Jefferson County Date ,
GENERAL PROVISIONS APPLICABLE TO ALL PERMITS
This permit is subject to all applicable provisions of the Revised Code of Washington and all of the applicable provisions of
Washington law. This permit is also subject to all applicable provisions of Chapter 13.56 of the Jefferson County Code,
Accommodations of Utilities upon Jefferson County Rights-of-Way, Ordinance No. 01-0103-00; and Ordinance No.
09-0727-92 Regulating Jefferson County Road Approach Permits.
During the progress of the work such barriers and/or traffic control devices shall be erected and maintained as may be
necessary or as may be directed by the Public Works Department for the protection of the traveling public; all traffic control
devices shall be properly lighted at night and shall comply with all specifications of the Manual of Uniform Traffic Control
Devices.
In accepting this permit, the Applicant shall indemnify and hold the County, and its o s- , employees, and agents
harmless from and shall process and defend at its own expense, including all co . •r -y fees and expenses relating
thereto, all claims, demands, or suits at law or equity arising in whole or in p i ' or indirectly, from the Applicant's
negligence or breach of any of its obligations under this Agreement; prov othing herein shall require a Applicant to
indemnify the County against and hold harmless the County from claims, ds of suits based soley upon the conduct of
the County, its officers, employees and agents, and; provided further that if the claims or suits are caused by or result from
the concurrent negligence of: (a)the Applicant's agents or employees; and, (b)the County, its officers, employees and
agents, this indemnity provision with respect to claims or suits based upon such negligence, and/or the costs to the County
of defending such claims and suits, etc., shall be valid and enforceable only to the extent of the Applicant's negligence, or
the negligence of the Applicant's agents or employees.
Except as herein authorized by the county Public Works Department, no excavation shall be made or obstacle placed within
the limits of a county road in such a manner as to interfere with the travel over said road and shall not be within four(4)feel
of the edge of the pavement. If the work done under this permit interferes in any way with the drainage of the county road,
the grantee shall wholly and at his own expense make such provision as the County Engineer may direct to take care of
said drainage. On completion of said work all rubbish and debris shall be immediately removed and the roadway and
roadside shall be left neat and presentable and satisfactory to the County Engineer.
All of the work herein contemplated shall be under the t,ision of the County Engineer and the entire expense of said
supervision shall be borne by the grantee to whom rmit is issued, or his successors and assigns. The Department of
Public Works hereby reserves the right to order nge of location or the removal of any structure or structures
authorized by this permit at any time, said c removal to be made at the sole expense of the grantee to whom this
permit is issued, or his successors and assig
All such changes, reconstruction or relocation by the grantee shall be done in such a manner as will cause the least
interference with any of the County's work and the County of Jefferson shall in no way be held liable for any damage to the
grantee by reason of any such work by the County of Jefferson, its agents or representative, or by the exercise of any rights
by the County upon roads, streets, public places or structures in question.
This permit or privilege shall not be deemed or held to be an exclusive one and shall not prohibit the County from granting
other permits or franchise rights of like or other nature to other public or private utilities, nor shall it prevent the County from
using any of its roads, streets, or public places, or affect its right to full supervision and control over all or any part of them,
none of which is hereby surrendered.
Federal Endangered Species Act Disclaimer:
Jefferson County makes no assurances to the applicant that the actions undertaken because this permit has been issued
will not violate 16 U.S.0 section 1531 et seq. (the federal Endangered Species Act of 1973 or ESA). The applicant
acknowledges that they are solely responsible for adhering to and complying with the ESA.
Cultural Resources Disclaimer:
Jefferson Countymakes no assurances to the applicant that the actions undertake - use this permit has been issued
PP ��
will not violate federal, state, or local cultural resources laws and regulations, i ii•i •ut not limited to 54 U.S.C. section
3001 et seq. (the federal National Historic Preservation Act of 1966), Chapt- "CW(Historic Preservation), Chapter
27.44 RCW(Indian Graves and Records), the Washington State Governors Or utive Order 05-05, or any applicable treaty
between the United States and any Indian tribe. The applicant acknowledges hat they are solely responsible for adhering
to and complying with all federal, state, or local cultural resources laws and regulations, including all applicable treaties
between the United States and any Indian tribe.
EXHIBIT H
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
EXHIBIT I
May 29,2023
John and Julie Black
356 Kingfisher Place
Port Hadlock,WA • a ,F:ay
Terry Duff
Jefferson County Public Works
623 Sheridan Street �''�
Port Townsend,WA 98368
RE:Open Right-of-Way Application
Platted Charles St.
Applicant: Cary Casal
Assessor Parcel Number:962700021
Dear Terry,
We ask Jefferson County Public Works to consider the following regarding the above ROW application:
• There is a stand of cottonwoods at the southwest corner of our parcel, 962700022, which is next to the
intersection of the western end of Kingfisher Place and the unopened Charles Street. Part of the stand is
in the unopened ROW application area and includes tall trees. Who would ensure that road construction,
if approved,doesn't damage or kill the trees on our parcel?
• There are western toads at this location.They are a Species of Greatest Conservation Need (SGCN) in the
Puget Trough Ecoregion per the WA State Wildlife Action Plan. They are also a Priority Species under
WDFW's Priority Habitat and Species Program.
• There is evidence of wetlands in the ROW application area.
• There are other potential ways to access parcel 962700021.
• Mr. Casal has demonstrated disregard for county ordinances and permit requirements by clearing his land
without a Site Development Review (SDR), clearing county land, digging trenches, and laying sand and
gravel on the unopened road before opening the Right-of-Way or obtaining a Road Approach Permit. Will
any neutral third party(ies)be involved in determining the most appropriate vehicle access route to parcel
962700021, considering the above information as well as what route(s) will be used to get power and
water to parcel 962700021?
Thank you,
John &Julie Black
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:
V/7,:-Mark McCauley, my Administrator