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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
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RESOLT.ITION NO. 22-09
Resolution to deny the Intent to Vacate
Portion of Garden Club Road,
per Resolution 68-08
County Road #585809
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation proposal,
submitted by resolution of intent to vacate, through Jefferson County Department of Public Works; and
WHEREAS, on January 23, 2009, the Jefferson County Hearing Examiner held a public hearing on
the proposed road vacation; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments
from applicable departments, agencies and offices, and the reports from the Jefferson County Engineer
and Jefferson County Department of Community Development at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner recommends that the subject portion of
Garden dub Road should not be vacated; and
WHEREAS, the Jefferson County Board of Commissioners considered said Hearing Examiner's
Report of the public hearing and his recommendation to not vacate said portion of Garden Club Road and
hereby adopt the Report of the Jefferson County Hearing Examiner dated February 6, 2009.
NOW BE IT FURTHER RESOLVED, in compliance with Jefferson County Code 12.10 and Jefferson
County Road Vacation Ordinance No. 05-0924-01, that Jefferson County shall not vacate the public right
of way lying easterly of Mile Post 0.31, to the terminus of the roadway located approximately at Mile Post
0.34, lying in the NW 1/4 of Section 9 and the SW 1/4 of Section 4, Township 30 North, Range 1 East.
W. M., and adjacentto parcels APN 921092014 and APN 921043007.
ADOPTED THIS
20th
DAY OF
April
,2009
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rna L. De aney
~erk of the Board
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.:
ROAD VACATION THROUGH A RESOLUTION OF INTENT FOR
A PORTION OF GARDEN CLUB ROAD
PROPONENT:
Jefferson County Department of Public Works
SUMMARY OF REQUEST:
The proponent is requesting a road vacation for a portion of Garden Club Road as
described herein.
SUMMARY OF RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners not vacate
said portion of Garden Club Road.
.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Public Works 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, at 2:00 p.m.
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, appeared and testified that the Board of
County Commissioners is requesting the vacation. He introduced two letters from and on
behalf of the Brown Trust objecting to the vacation. The Jefferson County engineer will not
support the vacation based upon such objections.
PAT SEAVOY appeared and testified that she is the president of the Nordland Garden
Club and agrees with the County's petition. The road terminates 50 feet from their east
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Exhibit "N
,
property line. The road is owned by the Garden Club and the Brown Trust. She referred to
a previous quiet title action successfully pursued by the Garden Club. Negotiations resulted
in a reciprocal easement for parking unless their parcel is sold to a private property. The
Garden Club granted a road easement for the Veitenhans' parcel to the east. The road
vacation will not deny access to any properties. They want the vacation due to nuisance.
Mr, Veitenhans is using the access to haul items to his field. He drives fast, very close to
their front door. She has concerns about illegal uses of Mr. Veitenhans' property. He has
stored items directly adjacent to the property line and allows someone to live there illegally.
He now claims adverse possession. If the vacation is approved, they desire a sign advising
of the end of the County road. She was not aware of the Brown Trust letter until its
introduction today.
RALPH RUSH appeared and testified that he does a lot of work at the club and has noted
piles of material on top of the road. The club does not use the road beyond the building
itself. The Garden Club has provided an easement.
GREG VElTEN HANS appeared and referred to the quiet title and testified that no one
challenges the Garden Club's ownership, but he and previous owners of his parcel have
used the road for 70 years to provide access to the corner of his property. They have made
trails across the right-of-way. He stored items behind a tree line which eliminated visibility
from the Garden Club. He did not ask for an easement across the north side of the club's
property, and doesn't have to prove his right to use the property for access. They want to
use the property for parking, but they still need access. He believes his use fully compatible
with the Garden Club. He has two children ages six and eight and does not drive
recklessly.
MR. BUTTERFIELD reappeared and testified that the County received no notice of the
quiet title action and was not a named party. The public interest cannot be vacated.
RODDA HEINZINGER appeared and testified that the Garden Club used a real estate
attorney and they are sure that he named all required parties.
MARGARET WOOTAN appeared and testified that she asked the County to maintain the
road, but the County said it was not their property. The club brought in gravel to maintain
the road.
MR. VElTEN HANS reappeared and questioned why the road stopped short of his property
line.
No one spoke further in this matter. The Examiner left the record open for the parties to
attempt to reach agreement regarding the vacation. The hearing was concluded.
NOTE:
A complete record of this hearing is available in the office of Jefferson
County Public Works' Department.
2-
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. This request is exempt from review under SEPA.
4. Garden Club Road, a Jefferson County public road, extends east from SR-116
(Flagler Road) for approximately .3 miles to its terminus at the Nordland Garden
Club parcel. Garden Club Road is a paved road maintained by the County and
constructed within a 40 foot wide right-of-way.
5. At the west property line of the Garden Club parcel and near the west property line
of the parcel to the north owned by the Lucille M. Brown Trust, the right-of-way
changes to a "usage right-of-way" with a gravel surface. Since probably the 1930s
the County has maintained a 12 to 15 foot wide, gravel road which extends 158 feet
east of the improved right-of-way. The gravel road terminates on the Garden Club
parcel approximately 52 feet from its east property line.
6. The Board of Jefferson County Commissioners submitted an application to vacate
the "usage right-of-way" lying easterly of milepost .31 of Garden Club Road. The
Nordland Garden Club strongly supports vacation of the usage right-of-way. The
club uses the parcel for parking.
7. Mr. Greg Veitenhans owns the parcel of property abutting the Garden Club's east
property line. Mr. Veitenhans submitted letters opposing the vacation and also
appeared at the hearing and testified in opposition to the vacation. However,
subsequent to the hearing the Garden Club granted Mr. Veitenhans an easement
across its property in the area of the usage right-of-way and Mr. Veitenhans
withdrew his opposition.
8. Prior to the date of the hearing both the Garden Club and the Jefferson County
Department of Public Works believe that the Lucille M. Brown Trust also favored the
road vacation. However, prior to the commencement of the hearing on January 23,
2009, Mr. Will Butterfield received faxed letters from Mildred L. Northup, Trustee,
and from Bill Perka, a real estate agent representing the Trust, objecting to the
vacation. The Trustee asserts that vacation of the usage right-of-way could affect
access to the Brown Trust's 30 acre parcel. Mr. Perka advises that the Brown Trust
has placed the parcel on the market and that it is highly probable that a new owner
will subdivide it.
3-
9. Mr. Butterfield advises that the Department of Public Works will not support the
vacation unless all property owners agree. While the Garden Club and Mr.
Veitenhans agree with the vacation, the Brown Trust does not. Following conclusion'
of the January 23rd hearing, the Examiner left the record open for two weeks for the
Garden Club to see if it could reach agreement with all parties regarding the
vacation. The Garden Club was evidentially unable to reach agreement with the
Brown Trust which continues its opposition.
10. The site plan showing the location of the usage right-of-way proposed for vacation
reflects that much of the parcel is located on the Brown Trust parcel. Only the
eastern 24 linear feet is located totally on the Garden Club parcel.
11. 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
and Coastal SIPZ (Saltwater Intrusion Protection Zone). The parcel slopes
downward from west to east from elevation 116 feet to 112 feet. The Transportation
Element of the Jefferson County Comprehensive Plan does not identify the right-of-
way as a proposed bicycle zone.
12. 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 of
Jefferson County Commissioners to either grant or deny the petition along with
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 usage right-of-way presently serves as access forthe Nordland Garden
Club and can serve as access to the Lucille M. Brown Trust property. The
neighbor to the east, Greg Veitenhans, has also used the right-of-way to
access the northeastern corner of his parcel. However, an intervening portion
of the Garden Club parcel separates the usage right-of-way from Mr.
Veitenhans property line. The vacation would not impact the Garden Club
nor Mr. Veitenhans property. However, the vacation could impact the Brown
Trust parcel by eliminating a potential access thereto.
C. East Jefferson Fire and Rescue has reviewed the petition 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.
4-
D. The right-ot-way does not presently serve a utility corridor and neither Public
Works nor DCD recommends retention ot utility easement. 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 in the eastern portion of the Garden Club's parcel.
Furthermore, the Jefferson County Parks and Recreation Advisory Board has
determined that the usage right-of-way has no significance to parks and
recreation and therefore does not object to the vacation petition.
F. The right-ot-way proposed for vacation does not abut a body of salt or
freshwater and is not zoned for industrial purposes.
G. The proposed vacation will not landlock any parcel of property as both the
Garden Club parcel and the Brown Trust parcel have access onto the
improved portion ot Garden Club Road. The Brown Trust parcel appears to
extend to East Marrowstone Road which would provide additional access.
13. The Board of Jefferson County Commissioners waived the appraisal and land
compensation requirement as set forth in JCC 12.10.120.
14. The Nordland Garden Club asserts that a quite title action brought by the club
granted full ownership ot the right-of-way to the club. However, neither Jefferson
County nor the Lucille M. Brown Trust were named as parties in said action. While
the Examiner has no authority to interpret quiet title judgments, the judgment is not
likely valid against unnamed parties.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The petition for road vacation does not meet the criteria set torth in JCC
12.10.110(2) as it could interfere with access and circulation within the Brown Trust
parcel. Furthermore, the Department of Public Works does not support the vacation
based upon the objection ot the trustees of the Brown Trust parcel.
3. A large percentage of the road proposed for vacation is located on the Brown Trust
parcel, and theretore the vacation would affect said parcel more than the Nordland
Garden Club parcel.
5-
.
.
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners not vacate
the usage right-of-way of Garden Club Road lying easterly of milepost 0.31 and located in
the NW quarter of Section 4 and the SW quarter of Section 9, T29N, R1 E, W.M. and
adjacent to parcel nos. 921092014 and 921043007; provided, however, that should the
Lucille M. Brown Trust change its position and favor the vacation, the Examinerwould then
recommend approval of the vacation.
ORDERED this 4th day of March, 2009.
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JEFFERSON COUNTY
Department of Public Works
NOTICE FOR A RESOLUTION OF INTENT TO
V ACATE COUNTY ROADS
Garden Club Road, No.585809
All that portion of Garden Club Road No. 500909 defined as usage right of
way lying Easterly of Mile post 0.31, lying in the NW 1/4 of Section 9,
Township 29 North, Range 1 East. W. M., and adjacent to APN 921092014;
being a distance of 0.03 miles and the terminus of said roadway. The net
result of the proposed vacation is to shorten the overall length from 0.34
miles to 0.31 miles officially maintained on the County Road Log.
... 921043001
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9210920QJ r
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Department of Public Works
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
April 20, 2009
Road Vacation Initiated by Resolution of Intent 68-08,
for a portion of a County Road #585809, known as Garden Club Road.
ob
To:
Agenda Date:
Subject:
Statement of Issue:
The proposed Garden Club Road vacation was heard before the Hearing Examiner on January 23,
2009 and his Report and Recommendation is attached (Exhibit A). The Department of Public Works
supports of the Hearing Examiner's Report Et Recommendation to not vacate that portion of Garden
Club Road, described as follows:
Garden Club Road #585809 defined as usage right of way lying easterly of mile post 0.31,
lying in the NW 1/4 of Section 9 and the SW 1/4 of Section 4, Township 30 North, Range 1
East. W. M., and adjacent to APN 921092014 and APN 921043007; being a distance of 0.03
miles and the terminus of said roadway.
Analysis/Strategic Goals: The Board is asked to consider the Hearing Examiner's Report and
Recommendation and resolve to not vacate the subject portion of Garden Club Road. Based on the
testimony presented at the hearing, not all affected property owners support the proposed vacation
due to potential concerns related to property access. All affected property owners were provided a
copy of the Hearing Examiners' Report and Recommendation and the Department of Public Works has
not received indication from any property awners that they wish to pursue this matter further at this
time.
Fiscal Impact:
There is no fiscal impact associated with this action.
Recommendation:
The Department of Public Works, based on the Hearing Examiner's Report and Recommendation and
testimony from adjoining land owners, recommends that the Board accept the Hearing Examiner's
recommendation thereby denying the request to vacate the subject portion of Garden Club Road.
Department Contact:
Monte Reinders, County Engineer, 385-9242
Reviewed By:
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Date
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