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HomeMy WebLinkAbout057 09 547380 PGS E~Fl!oN B~~~~.~o~~~i\OC 10121/2..9C~~~~~ ~~ A~~1i~LiJ~,'~\'-I~[I~~'~''i II \II J.ff ."on 1l1ll1l111. UI.'I.ij \"11\' \'Il" \'11 '111~.\"II11\"1111""" After Recording Please Return to: Jefferson County Dept of Public WorRs 623 Sheridan St. Port Townsend, WA 98365 ry.JC#97009002) DOCUMENt titLE RESOLUTION NO. 57-09 REFERENCE NUM.ER(') OF RELAtED DOCUMENtS GRANTOR(S) (Last, First and Middle Initial) JEFFERSON COUNTY Additional Grantor(s) on page GRANTEE(') (Last, First and Middle Initial) Eric & Andrea Harrier MiRe Brasfield & Laura EicRhoff Additional Grantee(s) on page LEGAL DE.CRIPTION (Abbreviated form. I.e. lot, bloc!>. plot or section, township, ronge, quorter/quorter) A Portion of Olele Place of the Amended Plat of Olele Point, V7, pg 30 & 31, Sec 28, T29N, R1E Additional legal on page _ AUEUORt. PROPERtY TAX PARCEL NUM.ER(') 9n400002 9n400005 9n440003 9n400029 9n400004 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. I!. ( F'\\.; . / Ii: \ '\ Ic,C,\ l'y!.L(~,~o STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of } } } RESOLUTION NO. 57-09 The vacation of a portion Platted Olele Place, WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Eric and Andrea Harrier, Michael Brasfield and Laura Eickhoff; and WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation petition on September 22, 2009; and WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments from applicable departments, agencies and offices, and reconunendation from the Jefferson County Engineer 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 Report and Decision of the Jefferson County Hearing Examiner dated September 25, 2009. NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to RCW 36.87.]40 and Jefferson County Code ]2.]0: All that portion of the Olele Place per plat of Olele Point as recorded in Volume 3, Page 24 of plats, records of Jefferson County, described as follows: Beginning at the intersection of the Northerly right of way of Olele Place extended Easterly to Olele Point Road, County Road No. 560209; thence Westerly along said Northerly right of way to the intersection with the Easterly lot line of Lot 3 of said plat; thence Southerly along said Lot line extended Southerly to the South right of way margin of said Olele Place; thence Easterly to the intersection with Olele Point Road; thence Northerly along the Westerly Line of Olele Point Road to the Point of Beginning. Situated in Jefferson County, State of Washington. This vacation affects parcel numbers: 977400002, 977400003, 977400004, 977 4000~ and 977400029. ADOPTED THIS / '1 DAY OF October, 2009 ,q. ',. ';l;~1-~' t 0 ~" f.)~'f':;"---'~ . ~,''': .. , i of ., " .J' !,;..~~,t J'" '~ ~.\\ ~, ')~""" -, ' ;~' ':fif:.~-'," A'" .. .. ... 'I "'" "",,,.;, \ f ..: ' , \)'1 . .. ,....:. .. -.. .- .~ . . <t:~"''S~" :-- ~ /. ~" d , "",'a,=CS, "', "... #,,/"", ; SE;;-L~ " ....:::: ~ :,,)j./ K : ;--J. ~..' 'U~r~/ '. . ~ 5 Q-".~~ " ATf-EST: - c I - . ",,, ! ~'Cj flthfL/ ETIn Lundgren ,. Deputy Clerk of the Board D<~j(:ln, Chairman, Phil Johnson Member JEFFERSON COUNTY Department of Public Works Petitioner: Eric Harrier, Represented by Mike Brasfield The request is to vacate that portion of "Olele Place" described as follows: All that portion of the Olefe Place per Amended plat of Olele Pomt as recorded m Volume 7, Page 30 ~ 3 I of plats, records of Jefferson County, described as follows: Begmnmg at the mtersectlon of the Northerly right of way of Olefe Place extended Easterly to Ole Ie Pomt Road, County Road No. 560209; thence Westerly along said Northerly right of way to the mtersectlon with the Easterly lot Ime of Lot 3 of said plat; thence Southerly along said Lot (me extended Southerly to the South right of way margm of said Olele Place; thence Easterly to the intersection with Olele Pomt R.oad; ; thence Northerly along the Westerly Line of Olele POint Road to the POint of Beginning, SItuated In Jefferson County, State of Washington. " " ci 10 0,51 0.. 11' 0.44 0 """" -'- ci I I "'~ I :S j ......3- 1",-;:::- 186:6" TAX 6 f"")...Jr.ox ,re~(/)", VAC. 7 2 L.() iNE) . gl"'''~J=! nl CO' Nr-- ~I ! i I i J io...-.. I r--z: , w- I ::-~ I~g~ 00i- N,>(/) Ii NO(/) "',,-' I 1---- ./! g! {AOO O~\ 1 2 3 0.44 0., 0.32 0. 0.33 0. \E.\,O ~j>.S OO()~ 9;114 4 5 0.32 0. .23 ~ if"?, , 0.34 0.. b,rj:PO 7 0.29 0. ~~\~~, ~ ~tI V ~ ci 977400030 46 (TAX 5) 2.02 o. '" " ci 45 4',4()()01'iO g" 3.79 a. r------ NCO Ox o<t:ci 01- -q-~o r--- r----q-I'-: cn-q-NO ~ 97740' 44 (LE 2.81 o. GOy'T 2 OFFICE OF THE HEARING EXAMINER JEFFERSON COUNTY REPORT AND DECISION CASE NO.: COUNTY RIGHT-OF-WAY PETITION OLELE PLACE PETITIONERS: Eric Harrier 261 SE Harrier Rd. Shelton, WA 98584 Michael Brasfield 641 Olele Point Rd. Port Ludlow, WA 98365 , ~ REPRESENTATIVE: Michael Brasfield 641 Olele Point Rd. Port Ludlow, WA 98365 SUMMARY OF REQUEST: Vacation petition to vacate a portion of platted Olele place lying south of Lots 4, 5, 6, 7, & 8 in the Plat of Ole Ie Point within Sections 28 & 33, Township 29 North, Range 1 East, W.M. SUMMARY OF RECOMMENDATION: Request granted subject to conditions. PUBLIC HEARING: After reviewing the Jefferson County Department of Public Works Staff Report 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 September 22, 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 1- Will Butterfield appeared, presented the Department of Public Works Staff Report, and introduced an updated Puget Sound Energy approval letter. He also testified that the Parks and Recreation Advisory Board did not have a quorum at their meeting, but members submitted comments in support of the request. The appraiser has valued the parcel at $20,000.00. In responding to the Examiner's question regarding the discrepancy in parcel sizes between the DCD Memorandum and the appraisal, Mr. Butterfield testified that he did not believe that DCD reviewed the most recent plat amendment that added property to the right-of-way. Michael Brasfield, applicant, appeared and testified that he has owned lots abutting the unopened road since September, 1994. The Harriers own the majority of lots and all owners came together and signed a petition requesting vacation. The right-of-way presently lies fallow and can be put to no use. They will provide access for all lots, but it is unlikely that future owners will build on the lots due to their size, eagle habitat issues, and shoreline issues. They will provide an easement along the north portion of the vacated right-of-way for interior lots. Mr. Butterfield reappeared and discussed the size discrepancy. The parties then agreed that Mara Dotson could determine the actual area of the parcel proposed for vacation. Ms. Dotson subsequently determined that the area proposed for vacation equaled 16,115 square feet. Her email and attached maps were admitted to the record as Exhibit 6. No one spoke further in this matter and the Examiner took the matter under advisement. The hearing was concluded at 2:20 p.m.. 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. Road vacations are exempt from SEPA, per WAC 197-11-800(2)(h) 3. Notice was made by mail to adjacent property owners on 8-1 0-09 and 9-8-09. Legal notice was published in the Jefferson County Leader on 9-9-09 and 9-16-09. Notice was posted at the site by Department of Public Works on 9-3-09. 4. Petitioners have a possessory ownership interest in all lots abutting both sides of the Olele Place right-of-way north of Knats Knats Bay in unincorporated Jefferson 2- County. The petitioners request a vacation of the unopened right-of-way of Olele Place for its entire remaining length. The Board of County Commissioners previously vacated the western portion of Olele Place and the present petition requests vacation of the eastern portion. 5. Lots 4-8 of the Olele Point subdivision abut the north property line of unopened Olele Place, and lot 46 of said subdivision abuts the south property line. The right- of-way extends west from Olele Point Road, measures 60 feet in width, and varies in length between 299.85 feet on the north property line and 238.65 feet on the south property line due to the angle of intersection with Olele Point Road. The area of the parcel calculates to 16,115 square feet. 6. Section 12.10.080 of the Jefferson County Code (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 grant or deny the petition along with recommended conditions of approval, if any. Findings on each applicable criteria set forth in JCC 12.10.110 are hereby made as follows: A. All County departments recommend that the Board vacate the eastem half of Olele Place consistent with the Board's previous vacation of the western half of said right-of-way. Based upon said recommendations of approval, the proposed road vacation complies with the Jefferson County Comprehensive Plan and applicable County 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 Jefferson County Comprehensive Plan. The Transportation Element does not identify an existing or proposed on-road bike route on either Olele Place or Olele Point Road. B. The unopened right-of-way does not presently serve and cannot serve as a means of providing area circulation. The right-of-way extends from Olele Point Road to the previously vacated portion of the road at the middle of a block. The vacation will have no impact on abutting parcels since all property owners have agreed to provide access and utility easements to serve all lots presently abutting Olele Place C. The Jeff Com 911 Communications has reviewed the vacation and has no objection to the request. Therefore, the vacation will not impair the effectiveness of fire, medical, law enforcement, or other emergency services. D. Puget Sound Energy (PSE) presently has overhead facilities within the road right-of-way and initially expressed concern regarding the vacation as it would not have an easement covering said facilities. PSE also desires an easement authorizing it to bury the electric lines underground within the Olele 3- Place right-of-way in the near future. Subsequent to expressing its concerns, PSE and the petitioners communicated and the petitioners have confirmed in writing that they will grant the necessary easements toPSE once the Board has approved the vacation. PSE now has no objection to the vacation request and the Examiner recommends a condition of approval requiring petitioners to grant an easement to PSE. E. The remaining right-of-way cannot be effectively used for a trail or pathway since it tenminates in the middle of a block at a private parcel. Furthermore, Jefferson County Parks and Recreation Advisory Board members have determined that the right-of-way 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 landlock any parcel of property as petitioners will provide an easement to all lots. 7. In accordance with JCC 12.10.120, Ralph Erickson, a certified appraiser, submitted an Appraisal Certificate valuing the property at $20,000.00. However, Mr. Erickson based his appraisal on a parcel containing 16,200 square feet. Mr. Erickson wrote: That would indicate a unit value of about $1.20 per square foot that could be attributed to the surplus land. However, Mara Dotson, Jefferson County Department of Public Works, determined that the parcel actually contains J 6,115 square feet, which at $1.20 per square foot calculates to a value of $19,338.00. Petitioners agree with Ms. Dotson's analysis. Therefore, at $1.20 per square foot, the appraiser would value the parcel at $19,338.00. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The request to vacate the portion of Olele Place abutting the south property lines of lots 4, 5, 6, and 7 of the Olele Point subdivision and the north property line of lot 46 of said subdivision satisfies all criteria set forth in JCC 12.10.110. Therefore, the Board of Jefferson County Commissioners should vacate said alley subject to the following conditions. 1. Petitioners shall pay the compensation required by JCC 12,10.120. 4- 2. Petitioners shall grant a utilities easement satisfactory to PSE to allow it to maintain its existing overhead utility lines and to relocate said lines underground. 3. Petitioners shall execute easements providing access to all lots abutting the vacated right-of-way. RECOMMENDATION: It is hereby recommended that the Board of Jefferson County Commissioners vacate the portion of Olele Place located to the south of lots 4,5,6,7, and 8 and to the north of lot 46 of the Olele Point subdivision subject to the conditions contained in the conclusions above. ORDERED th;, 25' de, of S.ptemb.,. 2009" ~_ - sfE~EAU . R, Hearing Examiner 5- '\ Jefferson County Department of Public Works 623 Sheridan St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Work> Director Monte Reinders, P.E., County Engineer MEMORANDUM TO: Board of County Commissioners Jefferson County Hearing Examiner Monte Reinders, PE., County Enginee~ September 8, 2009 FROM: DATE: SUBJECT: , Petition to vacate Olele Place Petitioner Eric Harrier, Represented by Michael D. Brasfield Project No. 97009002 In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit the following report. FmDINGS 1. The request is to vacate: All that portion of the Olele Place per Amended Plat of Olele Point as recorded in Volume 7, Page 30 & 31 of plats, records of Jefferson County, described as follows: Beginning at the intersection ofthe Northerly right of way of Olele Place extended Easterly to Olele Point Road, County Road No. 560209; thence Westerly along said Northerly right of way to the intersection with the Easterly lot line of Lot 3 of said plat; thence Southerly along said Lot line extended Southerly to the South right of way margin of said Olele Place; thence Easterly to the intersection with Olele Point Road. Situated in Section 28, Township 29 North, Range 1 East, W.M., Jefferson County, State of Washington. Please refer to attached map. 2. The right of way requested for vacation was originally dedicated, "to the use of the public", in the plat of Ole Ie Point and recorded on May 6th 1946, and therefore is not statutorily vacated under Chapter 36.87.090 RCW (it was platted after March 12, 1904). 3. The platted unopened right of way requested for vacation is not developed and does not provide for area circulation and no public expenditures have been made in the acquisition or improvements to the subject area. Engineer's Report - Page Z Road Vacation for Olele Place *************** 4. There are overhead power utilities in the right of way which are owned and operated by Puget Sound Energy (PSE) through a franchise with the County. These utilities serve the petitioner and his neighbor, Mr. Brasfield. The petitioner is working with PSE to develop a utility easement in lieu of the public right of way. The petitioner will record this easement at such time that the road vacation resolution is approved. The County may reserve a utility easement if the petitioner and PSE do not otherwise develop a more suitable alternative. 5. There are water service lines which appear to have been installed in the area with little regard to property lines or the public right of way. These lines serve various homes in the area and are located both on and off the right of way. The petitioner is developing easements for these lines to be recorded at such time that the road vacation resolution is approved. 6. The effectiveness of emergency services will not be impaired by this vacation. 7. The right of way does not abut a body of salt or fresh water (See RCW 36.87.130). 8. The proposed vacation could land lock several parcels owned by the petitioner and by his neighbor Mr. Brasfield. The petitioner and Mr. Brasfield are working together to develop access easements that follow existing driveways and that provide more logical access to lots 6 and 7 given the existing and proposed development patterns. The petitioner will record the necessary easements at such time that the road vacation resolution is approved. 9. Other parcels lying westerly of the Olele Place right of way currently proposed for vacation that would potentially be served by this right of way are in common ownership and front on Olele Point Road, a county road, Access can be gained to these parcels via this public roadway. The westerly portion of Olele Place right of way was previously vacated where it passes through these adj acent parcels. 10. The public may benefit by this vacation by reducing the County's liability for un-opened and un-maintained right of way. II. The public may benefit by this vacation in that the addition of this area to the adjacent properties will enhance the ability for development and thus provide additional tax revenue to the County. RECOMMENDA nON Therefore, based on the foregoing Findings, and provided no contrary testimony or new findings are presented at the hearing, the County Engineer recommends that the Board of County Commissioners approve this vacation request. io~ I'~ ~zPEC ~ -~ (()f-'i--- go:ci'" TAX 6 PECHIBAKER f"')......JtDX "'I-- <( VAC. 7 2 46 ~>V)J-- 1.f) C\/O(f)...,J o 0>0....J1- o t') 0:) N ~ N Ol "''''''''''''' JEFFERSON COUNTY Department of Public Works Petitioner: Eric Harrier, Represented by Mike Brasfield The request is to vacate that portion of "Ole Ie Place" described as follows: All that portion of the Olele Place per Amended plat of Olele Fomt as recorded m Volume 7. Fage 30 ( 31 of plats. records of Jefferson County, described as follows: Begmnmg at the mtersectlon of the Northerly right of way of Olde Flace extended Easterly to Olele Fomt Road. County Road No. 5G0209; thence Westerly along said Northerly right of way to the mtersectlon With the Easterly lot Ime of Lot 3 of said plat; thence Southerly along said Lot Ime extended Southerly to the South right of way margm of said Olele Flace; thence Easterly to the mtersectlon With Olele Fomt Road. Situated m Jefferson County, State of Washmgton, Proposed Area to be Vacated OLELE PO/NT o I' I' cj IE.\.O , ~"s 000'2. 9 7400 0 971~ 1 2 3 4 5 0.44 0.. 0,32 0. 0,33 0. 0.32 0.,23 \~~ y..t>-~~ ~ \..;77400026 44 (TAX 7) 1.14 o. o "' I' o PECH/BAKER 977400030 46 (TAX 5) 2.02 o. 45 o Q 11 ~Oo02'O ~ 3.79 a. r------ No:) Ox 0<( . o I- 0 ...t~O r--- r---...tr--- Ol...tN :l "'" r io~ 1'''' '- I w_ ~(/) I ~ -~ 10 i3 t:: g.....J:g ~"'!-(/) -> NO(/) "''''-' ~ < GOV'T LOT 2 977400025 44 (LESS TAX 7 & 8) 2.81 a. When recorded return to: Eric J. Harrier 741 Olele Point Road Port Ludlow, W A 98365 DECLARATION OF EASEMENTS GRANTORS: GRANTEES: Eric 1. Harrier and Andrea D. Harrier, Husband and Wife; Eric 1. Harrier and Andrea D. Harrier, Husband and Wife; We hereby declare and establish easements for private driveway and water easement purposes that affect Lots 4,5,6,7,8,9,44 and Lot 46 of the Amended plat of Ole Ie Point Plat as filed in Vol. 7 of Plats, Pages 30 and 31, inclusive, being a portion of Section 28, Township 29 North, Range I East, W.M., as described on the attached Exhibit "A": SEE ATTACHED EXHIBIT "A" REF: LOT 46 APN 977 400 028 OWNERS: J)g~ iM- drea D. Harrier, Date /0-1)-0/ Eric 1. 'er, Husband, by ~s attorney in Fact ~Lv, / Andrea D. Harrier, Wife '- Date /o-/z-cJ'} , Page 1 of 5 ACKNOWLEDGMENT STATE OF WASHINGTON) ): ss COUNTY OF JEFFERSON) ON THIS DAY personally appeared before me Andrea D. Harrier, wife and being the attorney in Fact for Eric J. Harrier, Husband, known to me to be the INDIVIDUAL described herein and who executed the foregoing document, and acknowledged that She signed on as THEIR free and voluntary act. GIVEN under my hand and official seal this J 2 day of C"c ~ Sif- , 2001 . ~., . ~d for the tate of S (please print Name of Notary n line above) Residing at ~ r~ ~...,n){' n A .\1 A I. My Commission expires "<) - l b ~ 2- 0/ 2.. \\\\\tll/III "" ...p..VID" IIII " ,._v......f$~L"" ,...,",..' f" r: " .,:-. ':N' 00 c.t\On .tJ) "=1i~ ~O,.~ JI....., -.:....; 't/I .:..\' =: ::r::;' t Cfl"I'-'l "'; =. =()'''~ .- =z;<> \,\19\.\<:' :~E os '. lV:L(:j::; ,.. ~-- .,,:-, ~ ". .3'260"Y"'~v~ ~J'0';.... ""S~,,, "I/, 'E OF 'I'l " \\' 1111/11111\\\ Page 2 of 5 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT NO.1: EASEMENT FOR WELL PURPOSES: A 42 foot wide easement for well purposes for the benefit of Lot 9 as shown on the map of Olele Point Plat as per Plat recorded in Volume 3 of Plats, Page 24, records of Jefferson County, Washington and for the benefit of a portion of Lot 44, described as Parcel B in that document filed under Auditor's File Number 379478, on February 27, 1995, situate in Section 28, T29N, RIE, w.M., being a portion of Lot 46 of said Plat, the Westerly line of said 42 foot wide easement being more particularly described as follows: Beginning at the Northeast corner of said Lot 46 of said Plat; Thence Westerly along the Northerly line of said lot, South 86035'32" West 238.65 feet, more or less, to the intersection with the Easterly extension of Lot 3 of said Plat; Thence South 03042'28" East 60.15 feet along last said line to the True Point of Beginning; Thence continuing along said line South 03042'28" East 87.00 feet, and the end point this description; TOGETHER WITH a 12 foot wide easement for access purposes to an existing well, the center line of said easement described as follows: Beginning at the Northeast corner of said Lot 46 of said Plat; Thence Westerly along the Northerly line of said lot, South 86035'32" West 238.65 feet, more or less, to the intersection with the Easterly extension of Lot 3 of said Plat; Thence South 03042'28" East 93.58 feet; Thence North 86035'32" East 29.25 feet to an existing well and the True Point of Beginning; Thence North 27007'31" East 66.06 feet; Thence North 48009'09" East 58.99 feet to the North line of said Lot 46; Thence North 73052'46" East 36.93 feet; Thence South 82003'48" East 34.65 feet; Thence North 51019'22" East 75.19 feet; Thence North nOll'Q4" East 61.40 feet to the Southeast corner of said Lot 8; TOGETHER WITH a four foot (4') wide easement across a portion of said Lot 8, the Southerly line of said easement being more particularly described as follows: Page 3 of 5 Beginning at the Southeast corner of said Lot 8 as shown on the Amended Plat of Ole Ie Point, filed in Volume 7 of Plats, Pages 30 & 31, February 14, 1996; Thence along said Southerly line, North 60054'58" East 32.83 feet to the Easterly line of said Lot 8; Thence continuing across Waterway Place, North 60054'58' East 76.65 feet to the Southeasterly comer of said Lot 9; Situate in Jefferson County, Washington EASEMENT NO.2: 20 FT WIDE PRIVATE ROAD A 20 foot wide easement for the benefit of Lots 4 and 5 as shown on the map of Ole Ie Point Plat as per Plat recorded in Volume 3 of Plats, Page 24, records of Jefferson County, Washington, situate in Section 28, T29N, RlE, W.M., being a portion of Lot 46 of said Plat, the Westerly line of said 20 foot wide strip being more particularly described as follows: Beginning at the Northeast corner of said Lot 46 of said Plat; Thence Westerly along the Northerly line of said lot, South 86035'32" West 238.65 feet, more or less, to the intersection with the Easterly extension of Lot 3 of said Plat; Thence North 03042'28" West 30.00 feet to the center line of vacated Olele Place and the True Point of Beginning; Thence South 03042'28" East 263.85 feet, more or less, along last said line to the Northerly line of Olele Point Road (Sylvan Road as shown on said Plat) and the end point this description. The sideline of said easement shall be shortened or lengthened to end on said Olele Point Road and the said Northerly line of Lot 46. Situate in Jefferson County, Washington EASEMENT NO.3: 20 FT WIDE PRIVATE ROAD A 20 foot wide easement for the benefit of Lot 6 as shown on the map of Olele Point Plat as per Plat recorded in Volume 3 of Plats, Page 24, records of Jefferson County, Washington, situate in Section 28, T29N, RIE, W.M., being a portion of Lot 46 of said Plat, the Center line of said 20 foot wide strip being more particularly described as follows: Beginning at the Northeast corner of said Lot 46 of said Plat; Thence Westerly along the Northerly line of Ole Ie Point Road, South 42010'28" West 85.15 feet to the True Point of Beg inning; Page 4 of 5 Thence North 47049'32" East 25.51 feet to the beginning of a tangent curve, concave northeasterly, with a radius of 120.00 feet; Thence Northerly along said curve through an angle of38043'16", an arc length of 81.10 feet to the intersection with the centerline of Olele Place as vacated. The sideline of said easement shall be shortened or lengthened to end on said Olele Point Road and the center line of said Olele Place. Situate in Jefferson County, Washington EASEMENT NO.4: 20 FT WIDE PRIVATE ROAD A 20 foot wide easement for the benefit of Lot 7 as shown on the map of Olele Point Plat as per Plat recorded in Volume 3 of Plats, Page 24, records of Jefferson County, Washington, situate in Section 28, T29N, RlE, W.M., being a portion of Lot 46 of said Plat, the Center line of said 20 foot wide strip being more particularly described as follows: Beginning at the Northeast corner of said Lot 46 of said Plat; Thence Westerly along the Northerly line of Ole Ie Point Road, South 420}O'28" West 17.00 feet to the True Point of Beginning; Thence North 16044'51" East 43.09 to the intersection with the centerline of Ole Ie Place as vacated. The sideline of said easement shall be shortened or lengthened to end on said Olele Point Road and the center line of said Olele Place. Situate in Jefferson County, Washington EASEMENT NO. 5: EASEMENT FOR EFFLUENT LINE AND WATER LINE PURPOSES An easement for effluent line and water line purposes for the benefit of Lots 6, 7, 8 and 9 of said Plat of Olele Point across a portion of Lot 46 of said Plat, being more particularly described as follows; Beginning at the Northeast corner of said Lot 46 of said Plat; Thence along the Northerly line of said lot, North 60054'58" West 40.48 feet; Thence South 54013'08" East 106.20 feet; Thence North 00038'32"E 61.42 feet to the point of beginning; Situate in Jefferson County, Washington Page 5 of 5 Department of Public Works o Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director 4(.;; .1) To: Agenda Date: October 19, 2009 Subject: Olele Place, Road Vacation Eric Ii Andrea Harrier, Michael Brasfield Ii Laura Eickhoff, Petitioners Statement of Issue: The Board is asked to consider the Hearing Examiner's Report and Decision (attached) pertaining to a petition to vacate all that portion of the Olele Place per Amended Plat of Olele Point as recorded in Volume 7, Page 30 Ii 31 of plats, records of Jefferson County, described as follows: Beginning at the intersection of the Northerly right of way of Olele Place extended Easterly to Olele Point Road, County Road No. 560209; thence Westerly along said Northerly right of way to the intersection with the Easterly lot line of Lot 3 of said plat; thence Southerly along said Lot line extended Southerly to the South right of way margin of said Olele Place; thence Easterly to the intersection with Olele Point Road; thence Northerly along the Westerly Line of Olele Point Road to the Point of Beginning. Situated in Section 28, Township 29 North, Range 1 East, W .M., Jefferson County, State of Washington. Please refer to attached map. The area is approximately 16,115 Sq. ft. and irregular in shape. This vacation affects parcel numbers: 977400002, 977400003, 977400004, 977400005, and 977400029 Analysis/Strategic Goals/Pro's Ii Con's: This road vacation petition was heard before the Jefferson County Hearing Examiner on September 22, 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 with the condition that the petitioners shall grant PSE a utility easement and petitioners shall execute easements providing access to all lots abutting the vacated right of way. The petitioner has developed said easements and is prepared to record these documents concurrently when the road vacation resolution is recorded. Fiscal Impact/Cost Benefit Analysis: There is no fiscal impact as this is an un-opened and un-maintained right of way that is not needed for area circulation. 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 Department of Public Works o Consent Agenda Page 2 of 2 Reviewed By: /O~~5 Date P