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HomeMy WebLinkAbout090 07 ~c> \>v::J 710/Q!07 I reO..5.j 1111111111I11111111111 :~~ ~~76 10111/200702:17P .1Q..'f............... ,......,...tu_.Q"n .U:::E'J::c"l)c:.n~1 /"'nll~ITV coo I?J::~Q. Ill': f.'Im STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } } } RESOLUTION NO. 90-07 Vacation of a portion of Roosevelt Street WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Richard and Carolyn Wasteneys; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on May 11,2007; 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 right of way 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 June 8, 2007; NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36,87.140 and Jefferson County Code 12.10: that portion of Roosevelt Street as shown on the plat of lrondale Acre Tracts, recorded December 12, 1910 in Volume 2 of Plats at Page 145 and amendment recorded April 8, 1991 in Volume 6 of Plats at Page 154, , records of Jefferson County, Washington, lying between Blocks 34 and 35 from the Easterly line of platted Garfield Street to the Westerly line of platted Lincoln Street. Situated in Section 12, Township 29 North, Range 1 West, W,M, ADOPTED THIS 8th DAY OcrOBER, 2007 . , " , SEAU ... . ~ ,', A TrEST: >..,..----,. / ,--'T~"" ~^"'''''''.""",~w""""""=--,-.1.._,,L i ,,! i;i VACATION REQUEST AREA -Ar: 1111111111111111 111111 ~7~~~;6~~ 17P ~)c.J::t1(;\-T-"'---...O.ud _~c:nfl.L.Cllll.tJ.T.Y_pno __~~.i7lCI OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND RECOMMENDATION J CASE NO.: VACATION OF PUBLIC RIGHT-OF-WAY APPLICANT: Richard and Carolyn Wasteneys 120 Bayview Lane Port Townsend, WA 98368 SUMMARY OF REQUEST: The applicants are requesting to vacate a portion of Platted Roosevelt Street lying between Tracts 34 & 35 within the Plat of Irondale Acre Tracts located in Section 12, Township 29 North, Range 1 West. 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 May 11, 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 ATTACHED INDEX LIST KELLI LARSON appeared and presented the Department of Public Works Staff Report, The applicant is petitioning the County to vacate a portion of Roosevelt Street that lies between Tracts 34 and 35 within the Plat of lrondale Acre Tracts, The reasons given by 1- - the applicant for the vacation is that the terrain in this area is unsuitable for a County road, all affected owners have alternate access, the adjacent owner supports reduction of the access to their lots because of past vandalism and the location of and view from their house will be greatly enhanced, A majority of property owners have signed the petition, proper notice was given and the site was posted, All of the appropriate agencies have recommended approval. The appraiser has determined the value at $16,000,00. The County recommends approval. 11\\111 \\111 \1\\11\ 1111\ \1\\1 11\ 11\lm~~~l ~~\I ~~~~~~"2P_ i.....l~~--"--"''-',..J:'-'-. D.-"'"'_ _1E::~~ Appearing were the applicants, RICHARD and CAROLYN WASTENEYS. This portion of property is currently not improved with a road, They see no reason why this application should not be approved The County representative has already discussed the reasons why they want the vacation, 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, Richard and Carolyn Wasteneys have a possessory ownership interest in property that abuts Roosevelt Street within the Plat of Irondale Acre Tracts, There is a legally described portion of Roosevelt Street located between Tracts 34 and 35 that is adjacent to the applicants' property, This street is not improved, The majority of property owners have agreed with the petition, The reason given for this request by the applicant were that the terrain is unsuitable for a County road, all affected owners have alternate access, the adjacent owner supports vacation because of past vandalism and the view from their property will be greatly enhanced, 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 2- 111111I111111111 \ 111111 ~~;~~~~~ 17P ,~.f..L.i:!r'il.OD. ('.ou.nt._!.l_'lJ~ .~~nN........COUNIV --RO~ ~ ---.AfL.fl1Ji\ -- 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 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 designated street is currently not improved, The vacation will have no impact on abutting parcels because all parcels will still have access from a County right-of-way. C. The vacation will not impair the effectiveness of fire, medical, law enforcement or other emergency services. 0, The street does not presently serve as a utility corridor. E. There is currently a developed, non-motorized circulation plan on the existing right-of-ways within lrondale Acre Tracts, There is no recommendation to establish a trail easement for this portion ofthe right-of-way, The topography includes a ravine and a high, steep embankment on the east end, This would make it very costly to develop, F, The street 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 $16,000,00, The applicant does not challenge said valuation. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 3- 1111\\ 1111 111111111111 \ 11111 ~~;~~~~~ 17P __.lJ:l>.ti...~n..J:n.unt\L..J:Iltd...- .~I="~c;.mJ COIJN.I...V ROQ__I=1~!L-_4~rn.- - 2, The request to vacate the area of Roosevelt Street between Tracts 34 and 35 within the lrondale Acre Tracts satisfies all criteria set forth in Section 12.10,110 JCC, Therefore, the Board of Jefferson County Commissioners should vacate this portion of the street 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 portion of Roosevelt Street between Tracts 34 and 35 from the easterly line of platted Garfield Street to the westerly line of platted Lincoln Street. ORDERED this 8-tL day of June, 2007, .mzA~ -rI-n4 MARK E. HURDELBRINK Deputy Hearing Examiner 4- 1111111111I11111111111 ~~'~~~b~ 17P _"l..Lf.....,~.lv .~.I=:I="~~ruINTY......R..O..O. .!;M:"~ 171~ After Recording Please Return to: JEFFERSON COUNTY PUBLIC WORKS PO BOX 2070 PORT TOWNSEND WA 98368 (WC#97007001) DOCUMENT TITLE RESOLUTION REFERENCE NUMBER(S) OF RELATED DOCUMENTS GRANTOR(S) (Last, First and Middle Initial) JEFFERSON COUNTY Additional Grantor(s) on page _ GRANTEE(S) (Last, First and Middle Initial) WASTENEYS, Richard WASTENEYS, Carolyn Additional Grantee(s) on page _ LEGAL DESCRIPTION (Abbreviated form. i.e. lot, bloCR. plat or section. township, range, quarter/quarter) Roosevelt St between BlocRs 34 and 35, Irondale Acre Tracts S12 T29 R1W Additional legal on page_ AnEnOR'S PROPERTY TAX PARCEL NUMBER(S) 962700040 962700115 Additional Parcel #'s on page _ The Auditor/Recorder 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. Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners John F. Fischbach, County Administrator Frank Gifford, Public Works Director q~b To: Agenda Date: October 8, 2007 Subject: Road Vacation Resolution Richard and Carolyn Wasteneys, Petitioners Statement of Issue: This is a road vacation Resolution requiring the BOCC signatures. Analysis/Strategic Goals/Pro's &: Con's: At the BOCC's regular meeting held on August 13, 2007, the board adopted the hearing examiner's recommendation and approved the Wasteney's request to vacate a portion of the Roosevelt Street right of way as shown on the attached diagram. Jefferson County Code 12.10 requires that all fees and compensation must be paid in full, by the petitioner, within one year of BOCC approval of the vacation and prior to the vacation becoming effective. This condition has been met as the petitioner has submitted full payment for costs and compensation on September 6, 2007. Fiscal Impact/Cost Benefit Analysis: There is no fiscal impact to the County. Recommendation: The Public Works Department recommends that the Board sign the Resolution for the Wasteney's vacation petition approved on August 13, 2007. Reviewed By: i chbach, County Administrator Date IO/3/D7 , .