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After Recording Please Return to:
Jefferson County
Department of Public Wor!>s
623 Sheridan Ave
Port Townsend WA. 98368
(WC#97008003)
DOCUMENT IIILE
RESOLUTION
REFERENCE NUM8ER(S) OF RELAIED DOCUMENTS
GRANIOR(S) (Last, First and Middle Initial)
JEFFERSON COUNTY
Additional Grantor(s) on page _
GRANIEE(S) (Last, First and Middle Initial)
JEFFERSON COUNTY RURAL L1BRARV DISTRICT
Additional Grantee(s) on page _
LEGAL DESCRIPIION (Abbreviated form. i.e. lot. bloc!>, plat or section, township, range, quarter/quarter)
THAT PORTION OF THE OLD NESS' CORNER TO HADLOCK ROAD. BEING IRREGULAR IN SHAPE
AND COMPRISED OF APPROXIMA TEL Y 8.700 SOUARE FEET. LYING OUTSIDE OF THE PRESENT
RIGHT-OF-WAY OF SR 116 (FORMERLY KNOWN AS COUNTY ROAD NO. 41. AS IT RUNS THROUGH
ASSESSOR'S PARCEL NUMBER 901023018. LOCATED IN THE SW 1/4 OF SECTION 2. TOWNSHIP 29
NORTH. RANGE 1 WEST. JEFFERSON COUNTY WASHINGTON
Additional legal on page _
ASSESSOR'S PROPERlY lAX PARCEL NUM8ER(S)
901023018
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 completenen of the indexing information provided herein.
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STA1i"Ufflll.,faINGt't%.JEEEERSllli COUNT'LPUL RESP ..A7.~ -
COUNTY OF JEFFERSON
In the matter of }
The Vacation of a }
Portion of Old Ness' Comer to Hadlock Rd. }
RESOLUTION NO. 70-09
WHEREAS, the Jefferson County Board of Conunissioners has reviewed a road vacation petition
submitted by Ray Serebrin, Director, for Jefferson County Rural Library; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on January 23, 2009; 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
Engineer and Jefferson County Department of Community Development at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner detemlined 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 February 6, 2009.
NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to
RCW 36.87.140 and Jefferson County Ccx:le 12.10: that portion of the Old Ness' Comer to Hadlock Road,
being irregular in shape and comprised of approximately 8,700 square feet, lying outside of the present
right-of-way of SR 116 (formerly known as County Road No.4), as it runs through Assessor's Parcel
Number 901023018, located in the SW 1/4 of Section 2, Township 29 North, Range 1 West, records of
Jefferson County, Washington. This vacation affects parcel number: 901023018.
ADOPTED THIS 6th
DAY OF
April
,2009
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OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.:
JEFFERSON COUNTY ROAD VACATION: NESS'S CORNER &
SR116
PETITIONER:
Jefferson County Library
SUMMARY OF REQUEST:
The proponent is requesting vacation of a portion of the Old Ness' to Hadlock Road being
approximately 8,700 square feet lying outside the present right-of-way of SR 116 (formerly
known as County Road No.4) as it runs through APN 901023018 located in Section 2,
Township 29 North, Range 1 West.
SUMMARY OF RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners grant the
request to vacate the portion of the Old Ness' to Hadlock Road as described above.
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 January 23,2009.
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
WILL BUTTERFIELD, right-of-way representative, Jefferson County Public Works
Department, appeared and presented the staff report. The parcel of property is located
adjacent to the commercial area of Hadlock.
RAY SEREBRIN appeared on behalf of the applicant and testified that the library district
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found when doing long range planning that its lot included a piece of land which it didn't
own. The library has been working on a master plan for expansion and needs the property
to fully utilize its lot. They do not plan to expand at present, but will move forward in the
future. They do not want the application held up at the time they proceed.
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 heard testimony, admitted documentary evidence into
the record, and taken this matter under advisement.
2. Appropriate notice was provided.
3. The applicant, Jefferson County Library District, has a possessory ownership
interest in a 2.74 acre parcel of property located at the northwest corner of the
intersection of Ness Corner Road and Cedar Avenue in the Port Hadlock area of
unincorporated Jefferson County. The library proposes to incorporate the parcel in
its master plan, but has recently discovered that a triangular portion ofthe Old Ness'
to Hadlock right-of-way encumbers its parcel. The applicant therefore requests the
Board of Jefferson County Commissioners to vacate the remaining road remnant on
its parcel.
4. The County abandoned the Old Ness' to Hadlock right-of-way when it constructed
the Ness Corner Road. However, the County has not previously vacated a triangular
portion of the Old Ness' to Hadlock right-of-way which commences at a point on
Cedar Avenue and expands in a triangular manner across the applicant's parcel.
The parcel proposed for vacation measures approximately 8,700 square feet and
abuts Ness Corner Road for its entire length. The parcel proposed for vacation
crosses the applicant's parcel and abuts two roads, but does not touch or affect any
other parcels.
5. The parcel proposed for vacation is located in the Rural Residential:5 zone
classification of the Jefferson County Code (JCC) and in an aquifer recharge area.
The parcel slopes upward from the east at elevation 96 feet to approximately 101
feet at the west end. The Transportation Element of the Jefferson County
Comprehensive Plan identifies a proposed bike route for Ness Corner Road.
However, this parcel could not aid in the location of such trail due to its short length.
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6. Section 12.10.080 JCC requires the Examiner to hold a public hearing on all
petitions for road vacations, review said petitions in accordance with the criteria set
forth in JCC 12.10.110, and provide a written recommendation to the Board to either
grant or deny the petition along with any recommended conditions of approval.
Findings on each applicable criteria set forth in JCC 12.10.110 are hereby made as
follows:
A. Based upon recommendations of approval from Jefferson County
Departments, the proposed road vacation complies with the Jefferson
County Comprehensive Plan and applicable plans, policies, and ordinances.
The Department of Community Development (DCD) has reviewed the
request and found the vacation in compliance with the Transportation
Element of the Comprehensive Plan.
B. The road remnant has not served and cannot now serve as a means of
providing area circulation due to construction of SR-116 or Ness Corner
Road. The vacation will have no impact on any parcel other than the
applicant's since its abuts only the applicant's parcel.
C. The East Jefferson Fire and Rescue has reviewed the vacation and has "no
issues with the proposed vacation". Therefore, the vacation will not impair
the effectiveness of fire, medical, law enforcement, or other emergency
services.
D. The parcel does not presently serve the utility corridor and neither Public
Works nor DCD recommends retention of utility easements. Furthermore,
Puget Sound Energy has no objection to the vacation request.
E. The remaining right-of-way cannot effectively serve as a trail or pathway
since it terminates near the center of the applicant's parcel. Furthermore, the
Jefferson County Parks and Recreation Advisory Board has determined that
the right-of-way remnant has no significance to Parks and Recreation and
therefore does not object to the vacation petition.
F. The right-of-way proposed for vacation does not abut a body of salt or fresh
water 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.
7. In accordance with JCC 12.10.120, Ralph Erickson, a certified appraiser, prepared
an Appraisal Certificate valuing the property at $6,725. The applicant does not
challenge said valuation.
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CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and make recommendations on
the issues presented by this request.
2. The request to vacate a triangular, 8,700 square foot remnant of the Old Ness'
Corner to Hadlock Road as it runs through Assessor's Parcel No. 901023018 in the
SW quarter of Sec. 2, T29N, R1W, Jefferson County, Washington, satisfies all
criteria set forth in Section 12.10.110 JCC. Therefore, the Board of Jefferson
County Commissioners should vacate said road remnant. No conditions of approval
are recommended.
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners vacate the
entire 8,700 square foot remnant of Old Ness Corner Road to Hadlock Road as it crosses
Assessor's Parcel No. 9010230108 located in the SW quarter of Sec. 2, T29N, R1W,
Jefferson County, Washington. , , ,/1 "', / /"') Q'
DATED this 6th day of February, 2009. ~7!~~7b:/' / '
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STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
AUDiTOR'S NOTE:
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Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360) 385-9160
Frank Giffor~ Public Works Director
Monte Reinders, PE, County Engineer
MEMORANDUM
TO: Board of County Commissioners
FROM: Monte Reinders, County Engineer~
DATE: January 7,2009
SUBJECT: Engineer's Report on request to vacate a portion of Old Ness' Comer
In accordance with Ch 36.87 RCW, I have examined the above referenced road, and submit the
following report.
1. The portion of Old Ness' Comer to Hadlock Road requested for vacation, is not
vacated under Ch. 36.87.090 RCW.
2. The request is to vacate that portion of the Old Ness' Comer to Hadlock Road, being
irregular in shape and comprised of approximately 8,700 square feet, lying outside of
the present right-of-way of SR 116 (formerly known as County Road No.4), as it
runs through Assessor's Parcel Number 901023018, located in the SW 1/4 of Section
2, Township 29 North, Range 1 West, Jefferson County, Washington.
3. The requested vacation area is not open to traffic.
4. The public will benefit by enhancement of the developability of the property and by
increasing the taxable value of the property once the vacation is completed.
5. The effectiveness of emergency services will not be impaired by this vacation.
6. The right of way requested for vacation does not provide for area circulation or
utilities.
7. There is no current or anticipated future public need for the right-of-way to provide
for the public road circulation network, nor for public access. The public may benefit
Attachment "5"
, .
.
by this vacation by reducing the County's liability for un-opened and un-maintained
right-of-way.
RECOMMENDATION:
Therefore, based on the foregoing Findings, the Department of Public Works recommends that
the Board of County Commissioners approve this vacation request.
JEFFERSON COUNTY
Department of Public Works
The request is to vacate that portion of the Old Ness' Corner to Hadlock Road, being
irregular in shape and comprised of approximately 8,700 square feet, lying outside ofthe
present right-of-way ofSR 116 (formerly known as County Road No.4), as it runs
through Assessor's Parcel Number 901023018, located in the SW 1/4 of Section 2,
Township 29 North, Range 1 West, Jefferson County, Washington.
Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ~.tJ
April 6, 2009
To:
Agenda Date:
Subject:
Resolution to vacate a portion of 'Old Ness' Corner to Hadlock Road'
Right of Way(SR 116)
Statement of Issue:
The Board is asked to consider the Hearing Examiner's Report and Recommendation(attached)
pertaining to a petition to vacate a portion of the Old Ness' Corner to Hadlock Road right of
way being irregular in shape and comprised of approximately 8,700 square feet, lying outside
of the present right-of-way of SR 116 (formerly known as County Road No.4), as it runs
through Assessor's Parcel Number 901023018, located in the SW 1/4 of Section 2, Township 29
North, Range 1 West, Jefferson County, Washington as shown on the attached diagram.
Analysis/Strategic Goals/Pro's & Con's:
This road vacation petition was heard before the Jefferson County Hearing Examiner on
January 23, 2009. Based upon the recommendation contained in the County Engineer's report
(attached) as well as testimony gathered for the hearing from other departments, agencies,
and individuals, the Hearing Examiner has recommended that the vacation be approved
without conditions.
Fiscal Impact/Cost Benefit Analysis:
There is no fiscal impact to the County associated with this action.
Recommendation:
Department of Public Works recommends that the Board approve the request to vacate the
subject portion of right-of-way by signing the attached Resolution. The petitioner has met the
compensation requirement and paid all fees.
Department Contact:
Monte Reinders, County Engineer, 385-9242
Reviewed By:
Ylc07
Date