HomeMy WebLinkAbout075 09
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
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RESOLUTION NO. 75-09
The vacation of a portion of
Platted Turner Street
WHEREAS, the Jefferson County Board of Conunissioners has reviewed a road vacation petition
submitted by Alfred and Susan Latham; and
WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on November 10,2009; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, conunents
from applicable departments, agencies and offices, and recommendation from the Jefferson County
Engineer and Jefferson County Department of Conununity 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 Reconunendation of the Jefferson County Hearing Examiner dated :-<ovember 19,2009.
NOW, THEREFORE BE IT RESOLVED that the following be vacated and abandoned pursuant to
RCW 36.87.140 and Jefferson County Code 12.10: All that portion of the North half of Turner Street
adjacent to the South line of Lot 16, Block 6, of Hessian Garden Tracts, as per plat, recorded in Volume 2
of Plats, page 134 records of Jefferson County, Washington. The area is approximately 30' in width and
150' in length all situated in Section 3, Township 29 North, Range 1 West, W.M" Jefferson County,
Washington. This vacation affects parcel numbers: 901033007 and 959100111.
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ADOPTED THIS I DAY OF December, 2009
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Erin Lundgren /
Deputy Clerk of the Board
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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~ )
December 7, 2009
To:
Agenda Date:
Subject:
Turner Street, Road Vacation
Alfred & Susan Latham, Petitioners
Statement of Issue:
The Board is asked to consider the Hearing Examiner's Report and Recommendation(attached)
pertaining to a petition to vacate all that portion of the North half of Turner Street adjacent to the
South line of Lot 16, Block 6, of Hessian Garden Tracts, as per plat, recorded in Volume 2 of Plats,
page 134 records of Jefferson County, Washington. Please refer to attached map, The area is
approximately 30' in width and 150' in length all situated in Section 3, Township 29 North, Range
1 West, W,M" Jefferson County, Washington, This vacation affects parcel numbers: 901033007
and 959100111.
Analysis/Strategic Goals/Pro's & Con's:
This road vacation petition was heard before the Jefferson County Hearing Examiner on November
10,2009. 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.
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
Reviewed By:
1.1./3 fe ~
Date
JEFFERSON COUNTY
Department of Public Works
The request is to vacate that portion of Turner Street described as follows: All that portion of the
North half of Turner Street adjacent to the South line of Lot 16, Block 6, of Hessian Garden Tracts,
as per plat, recorded in Volume 2 of Plats, page 134 records of Jefferson County, Washington;
Being approximately 30' in width and 150' in length.
All situated in Section 3, Township 29 North, Range 1 West, W.M., Jefferson County, Washington.
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- Area to be Vacated
OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORT AND RECOMMENDATION
CASE NO.:
VACATION OF TURNER STREET
PETITIONER:
Alfred and Susan Latham
470 Dharma Road
Chimacum, WA 98325
SUMMARY OF REQUEST:
The Petitioners are seeking vacation of all of that portion of the north half of Turner Street
adjacent to the South line of Lot 16, Block 6, of Hessian Garden Tracts, as per plat,
recorded in Volume 2 of Plats, page 134 records of Jefferson County, Washington; being
approximately 30' in width and 150' in length. All situated in Section 3, Township 29 North,
Range 1 West, W.M. in Jefferson County, Washington.
SUMMARY OF RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners vacate the
north half of Turner Street adjacent to the south line of Lot 16, Block 6 of Hessian Garden
Tracts as per plat recorded in Volume 2 of Plats, Page 134, Records of Jefferson County,
Washington.
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 November 10, 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, Public Works Right-of-Way Representative, appeared, presented
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the Public Works Staff Report, and testified thatthe department had provided proper public
notice to include publication and posting of the site. The appraiser estimated the value of
the vacated parcel at approximately $4,000.
AL LATHAM, petitioner, appeared and testified that he presented all of the reasons for
requesting the vacation in his petition. He believes that the County vacated the south half
of the road in 1918, but did not vacate the north half. The prosecuting attorney originally
thought that the County vacated the north half in 1983, but now does not think so. He
wants to vacate the portion of the right-of-way that separates two parcels that he owns. He
has no problems with the staff report and also talked with the school which has no
objection. The school is also considering a vacation request.
MR. BUTTERFIELD reappeared and testified that the Sunfield School located to the south
wrote a letter supporting the vacation.
MR. LATHAM reappeared and testified that the appraisal for the school vacation was $0.35
per square foot whereas his appraisal came out at $0.95 per square foot. He asked the
appraiser about it, but the appraiser indicated that he had only followed the rules for
estimating property values. As such, Mr. Latham has no objection to the appraised value.
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. Road vacations are exempt from SEPA, per WAC 197-11-800(2)(h).
3. Notice of the public hearing was mailed to adjacent property owners on September
29,2009, and October 21,2009. Publication of legal notice in the Jefferson County
Leader was done on October 28,2009, and November 4,2009. Notice was posted
at the site by Department of Public Works on October 21, 2009.
4. The petitioners, Alfred and Susan Latham, have a possessory ownership interest in
two parcels of property extending between the south side of Kennedy Road and the
north half of the unopened Turner Street in the Hessian Garden Tracts of
unincorporated Jefferson County. The petitioners also own the parcel(s) abutting the
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south side of the unopened north half of Turner Street opposite their two parcels
abutting the north side. According to the petitioners' uncontradicted testimony,
Jefferson County vacated the south half of Turner Street in 1918, but has taken no
action since that time to vacate the north half of said road.
5. The petitioners request the Board of Jefferson County Commissioners to vacate
that portion of the north half of Turner Street adjacent to the south line of Lot 16,
Block 6 of Hessian Garden Tracts as per plat recorded in Volume 2 of plats, Page
134, Records of Jefferson County Washington. The unopened right-of-way
proposed for vacation measures 30 feet in width and 150 feet in length or 4,500
square feet. The unopened right-of-way extends west from 10111 Street for the 150
foot length. All County Departments recommend approval of the vacation request.
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 either grant or deny the petition together with
recommended conditions of approval. Findings on each applicable criteria set forth
in JCC 12.10.110 are hereby made as follows:
A. Based upon the recommendations of approval from the 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 petition in compliance with the Transportation
Eiement of the comprehensive plan. The vacation will not affect
ingress/egress to adjacent parcels and will not land lock any such parcels.
The site and surrounding area are located within the "Rural Residential one
dwelling unit per five acres" (RR1 :5) zone classification. The parcel has flat
topography and the only critical area is its location in an aquifer recharge
area.
B. The unopened right-of-way has not previously served and now cannot serve
as a means of providing area circulation. All parcels in the area have access
from a County right-of-way.
C. East Jefferson Fire Rescue has reviewed the vacation request and in a letter
dated September 29, 2009, "has no concerns with the proposed vacation of
the north half of Turner Street". Therefore, the vacation will not impair the
effectiveness of fire, medical, law enforcement, or other emergency services.
D. The unopened right-of-way 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 electrical facilities within Turner
Street and does not object to the vacation request.
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E. The remaining right-ot-way cannot be effectively be used for a trail or
pathway since Turner Street east ot 10th Street has been previously vacated,
and the south half of Turner Street west of 10th Street was vacated many
years ago. The Jefferson County Parks and Recreation Advisory Board has
determined that the right-of-way has no significance to parks and recreation
and therefore does not object to approval of the petition.
F. The right-ot-way proposed tor 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 all
properties in the area abut County rights-of-way.
7. In accordance with JCC 12.10.120, Ralph Erickson, a certified appraiser, submitted
an Appraisal Certificate valuing the property at $4,000. 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 north half of Turner Street adjacent to the south line of
Lot 16, Block 6 of Hessian Garden Tracts having a 30 foot width and 150 foot length
and located in Section 3, Township 29 North, Range 1 West, W.M., satisfies all
criteria set forth in JCC 12.10.110. Therefore, the Board of Jefferson County
Commissioners should vacate said right-ot-way subject only to the compensation
required byJCC 12.10.120.
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioners vacate the
north half of Turner Street adjacent to the south line of Lot 16, Block 6 of Hessian Garden
Tracts as per plat recorded in Volume 2 of Plats, Page 134, Records of Jefferson County,
Washington.
ORDERED this 19th day of November, 2009.
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Jefferson County
Department of Public Works
623 Sheridan St.
Port Townsend, WA 98368
(360) 385-9160
Frank Gifford, Public Works Director
Monte Reinders, P.E., County Eng/neer
MEMORANDUM
TO:
Board of County Commissioners
Jefferson County Hearing Examiner
Monte Reinders, P.E., County Enginee~
October 21, 2009
FROM:
DATE:
SUBJECT:
Petition to vacate Turner Street
Petitioner Alfred & Susan Latham,
Project No. 97009003
In accordance with Ch 36.87 RCW, I have examined the above referenced right of way, and submit
the following report.
FINDINGS
I. The request is to vacate: All that portion ofthe North half of Turner Street adjacent to the
South line of Lot 16, Block 6, of Hessian Garden Tracts, as per plat, recorded in Volume
2 of Plats, page 134 records of Jefferson County, Washington; Being approximately 30'
in width and 150' in length all situated in Section 3, Township 29 North, Range 1 West,
W.M., Jefferson County, 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 Hessian Garden Tracts and recorded on April 10, 1910 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.
4. The effectiveness of emergency services will not be impaired by this vacation.
5. The right of way does not abut a body of salt or fresh water (See RCW 36.87.130).
Attachment "e"
Ensineer's Report - rase 2
Road Vacation for Turner Street
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6. The south half of Turner Street is already vacated per Commissioners' Proceedings
Volume N - Page 124 1949. The petitioner owns both sides of the right of way and
vacating the remaining Northerly portion of Turner Street will not land lock any lots.
7. Property owners to the east, have access from 12'h Street and Kennedy Road. Property
owners to the west have access from 10th Street.
8. The public may benefit by this vacation by reducing the County's liability for un-opened
and un-maintained right of way.
9. 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.
RECOMMENDATION
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.
JEFFERSON COUNTY
Department of Public Works
The request is vacate that portion of Turner St. is described as follows: All that portion of the
North half of Turner Street adjacent to the South line of Lot 16, Block 6, of Hessian Garden
Tracts, as per plat, recorded in Volume 2 of Plats, page 134 records of Jefferson County,
Washington; Being approximately 30' in width and 150' in length.
All situated in Section 3, Township 29 North, Range I West, W.M., Jefferson County,
Washington.
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