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HomeMy WebLinkAbout046 07 ( 111111I111111111111111 ~~,~~L3P J..ff..~~on Cnunlv ~LJd JEF=F=F=R!':ON COlJNTY RO~ RF=!':O ~R OUi'! After Recording Please Return to: Jefferson County Public WorRs PO Sox 2070 Port Townsend WA 98368 (WC#97007003) DOCUMENT TITLE RESOLUTION REFERENCE NUM8ER(S) OF RELATED DOCUMENTS GRANTOR(S) (Last, First and Middle Initial) JEFFERSON COUNTY Addftional Crantor(s) on page _ GRANTEE(S) (Last, First and Middle Initial) PEARSON, James W. Additional Crantee(s) on page _ LEGAL DESCRIPTION (Abbreviated form. i.e. lot, bloc~, plat or section, township, range, quarter/quarter) Alley in SlocR 32, Irondale Additional legal on page _ ASSESSOR'S PROPERTY TAX PARCEL NUM8ER(S) 961803207 Additional Parcel #'s on page _ The AuditorlRecorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. e.c" {>LJ {lPll:l '01 \fe~ I 1111111111111111111 1111111111111 11111111111111111111111 :.~ ~~~ 1 Jefferson Countv Au'" JE:FFE:RSON COUNTY ROA gg~68/~~0~17J02:23P STATE OF WASHINGTON{PRIVATE} COUNTY OF JEFFERSON In the matter of } } } RESOLUTION NO. 46-07 Vacation of a portion of the Alley in Block 32, Irondale WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by James W. Pearson; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on April 27, 2007; and WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments from applicable departments, agencies and offices, and recommendation from the Jefferson County Public Works Department and Jefferson County Department of Community Development at the public hearing; and WHEREAS, the Jefferson County Hearing Examiner determined that the public will benefit from the vacation of this alley and such vacation complies with the Jefferson County Comprehensive Plan and other applicable plans, policies or ordinances; and WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's report of the public hearing and his recommendation for the vacation request and hereby adopts the Findings of the Jefferson County Hearing Examiner dated May 31, 2007, NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36.87.140 and Jefferson County Road Vacation Ordinance No. 01-0102-96: that portion of the North one-half of the platted alley, lying adjacent to Lots 14 through 18, Block 32 in the plat of Irondale as recorded in Volume 3 of Plats at Page 5, records of Jefferson County, Washington. Being approximately 7.5 feet wide by 125 feet in length and located in the Southwest quarter of Section 35, Township 30 North, Range 1 West, W. M., records of Jefferson County, Washington. This vacation affects parcel number: 961803207. ADOPTED THIS 11 DAY OF JUNE, 2007 ,,,,,t'1t"O,., ~. "7:--. '... . 11 ~./ .....~ J ~"~ {, ~,...t .!. , \, Ii' " I': : r' ' ~ ~ .. . ' . < , , !. \~\: / ,,~, ... ~. * . ...' . \ i V. ~ ~ II" h". ./ . . " ~ '>.... --'-' ~.. ~ " ~ "....... SEAL: ,', .... '\ .... ~)i'}..t. A TrEST: ~~~ Clerk of the Board . 11111111111111111111 II ~~.~~~i~.23P .1AffAl""lIIC:nn r.nllntv CII" .1~J='I=I=~~nM r.nIINTV ~nQ I:I'I='c:.n ':lQ 1?1Ii'1 ! Vacatlon Request Area: North half of alley adjacent to Lots 14 - I 8. Block 32 l 11111111111111111111111 ~'~~~~71 06/18/2007 02:23P Jefferson Countv Aud JE'F'F'FRSON COIJNTV ROA RF'SO ~R IiIIi1 OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND RECOMMENDATION CASE NO.: VACATION OF PUBLIC RIGHT-OF-WAY APPLICANT: James W. Pearson 420 E. Moore Street Port Hadlock, WA 98339 SUMMARY OF REQUEST: The applicant is requesting to vacate the north one-half of the plattedaltey being approximately 7.5 feet wide by 125 feet long, lying adjacent to Lots 14-18 in Block 32 as recorded in the Plat of Irondale within Section 35, Township 30 North, Range 1 West. W.M. SUMMARY OF DECISION: It is hereby recommended to the Jefferson County Board of Commissioners that the vacation be granted. PUBLIC HEARING: After reviewing the Jefferson County Department of Community Development and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on April 27, 2007. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: SEE A TT ACHED INDEX LIST KELLI LARSON appeared, presented the Department of Public Works Staff R~port, and testified that the portion of the road proposed for vacation measures 7.5 feet in width and 125 feet in length. The vacation will allow the applicant an adequate area for a reserve drainfield. A majority of property owners have signed the petition, proper notice was given and the site was posted. All agencies recommend approval and' the appraiser has 1- /- 111111I111111111111111 ~~8~~L3P Jefferson County Aud J~FF~RSON COUNTY ROA R~SO 38 00 determined a value of $800. The record should remain open until the Park Board meeting scheduled for May 2nd, but she does not anticipate that the right-of-way will have any significance to Parks and Recreation. JIM PEARSON, applicant, appeared and testified that the parcel is small, but that at one time lrondale consisted of a large number of buildings in a small town. The vacation will allow him to have adequate space for a reserve septic drainfield. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded. NOTE: A complete record of this hearing is available in the office of Jefferson County Department of Community Development. FINDINGS. CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record and taken this matter under advisement. 2. Appropriate notice was provided pursuant to the Jefferson County Code. 3. This request is exempt from SEPA review. 4. James W. Pearson has a possessory ownership interest in two parcels of property abutting the south side of East Moore Street in the Irondale area of unincorporated Jefferson County. A 15 foot wide alley which.abuts the parcels along their south property lines was recorded as part of the plat of lrondale on June 3, 1909. The County has never opened the alley and the applicant requests vacation of the north half of the alley, a strip of land 7.5 feet in width and 125 feet in length. The vacation would provide space for a reserve on-site septic drainfield. The unopened alley presently extends from 4th Avenue south to the previously vacated 3rd Avenue where it dead-ends. The County has not improved any portion of the alley at any time since its establishment in 1909. All County departments recommend that the Board of Jefferson County Commissioners vacate the portion of the north half of the alley abutting the applicant's parcels. 5. Section 12.10.080 of the Jefferson County Code (JCC) requires the Examiner to hold a public hearing for all petitions for road vacations, review said petitions in accordance with the criteria set forth in Section 12.10.110 JCC, and provide a written recommendation to the Board to grant or deny the petition along with any recommended conditions of approval. Findings on each applicable criteria set forth 2- 1111111111111111111111 ~~'~~:~.23P J..ff..~~nn Cn"ntv l:l"n .1FFFF~!;ON COIINTV ~Ol:l ~F!;O ',IR 0101 in Section 12.10.110 JCC are hereby made as follows: A. Based upon the recommendations of approval from all County departments, the proposed road vacation complies with the Jefferson County Comprehensive Plan as well as applicable plans, policies, and ordinances. The Department of Community Development (DCD) has reviewed the requested vacation and found, it in compliance with the Transportation Element of the Comprehensive Plan. B. The alley has not served and now cannot serve as a means of providing area circulation. The vacation will have no impact on any abutting parcel since all such parcels have access from a County right-of-way. C. The file contains no evidence that the East Jefferson Fire and Rescue objects to the vacation, and therefore the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. The alley does not presently serve as a utility corridor and neither Public Works nor DCD recommends retention of utility easements. Furthermore, Puget Sound Energy has no objection to the vacation. E. The alley cannot effectively serve as a trail or pathway since it terminates in the middle of a block at a private parcel. Furthermore, the Jefferson County Parks and Recreation Advisory Board a~ itl? meeting on May 2, 2007, determined that the alley has no significance to parks and recreation and therefore does not object to the vacation petition. F. The alley does not abut a body of salt or freshwater and is not zoned for industrial purposes. G. The proposed vacation will not land lock any parcel of property as all parcels in the area abut County rights-of-way. 6. In accordance with Section 12.10.120 JCC, Ralph Ericksen, a certified appraiser, submitted an appraisal certificate valuing the property at $800.00. The applicant does not challenge said valuation. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request to vacate the northern-half of a platted alley adjacent to lots 14-18, 3- 111111111111111111111I ~~8~~L3P ,'Af'A,..~nn r".nlll""ltv OI..rI .1!:'!:'!:'!:'I:l'c:.OM r.OIINTV I:l'OO p!:'c:.n "=lA 17117. block 32 in the plat of Irondale satisfies all criteria set forth in Section 12.10.110 JCC. Therefore, the Board of Jefferson County Commissioners should vacate the northern half of said alley subject only to the compensation required by Section 12.10.120 JCC. RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the northern-half of a platted alley located adjacent to Lots 14-18, Block 32 in the plat of lrondale in Volume 30f Plats at Page 5. ORDERED this 31st day of May, 2007. H . CAUSSEAUX, JR. Hearing Examiner 4-