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, 552994 PGS: 7 RESO
07/14/2010 03,34 Pl'I $58.00 JEFFERSON COUNTY PUBLIC WORXS
Jefferson County WA Auditor's Orfice - Donna Eldridge, Auditor
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After Recording Please Return to:
Jefferson County Public Worm
623 Sheridan St
Port Towmend, WA 98368
(WC#97010001)
DOCUMENT TITLE
RESOLUTION #2:2.-10
REFERENCE NUMBER(J) OF RELATED DOCUIIENTf
GRANTOR(J) (Last, Ant and Mldclle InltlaO
JEFFERSON COUNlV
Additional Grantor(s) on page_
GRANTEE(J) (Las!:, Ant and Mldclle Initial)
Robert & Jacoba VandeWeghe
Additional Grantee(s) on page _
LEGAL DElCRlPflON (Abbreviated form. Le. lot. blocR, plat or section, township; range, quarter/quarter)
A DOrtlon of 10th Ave adjoining 81m 36 and 44, together with alllll/S or DOrtlons thereof In 81m 36, 44,
41,49 all located In See. 18, Towmhlp 26, Range 13 W, W.M. within the Plat of Am Addition To 011 City
as recorded Vol. 3, Page 15, Records of Jefferson County, State of WCL
Additional legal on page_
M,EI,OR., PROPERTY fAX PARCEL NUMBER(I)
979504401
979504103
The AudltorlRecorder win rely on the Information provided on thb form. The staff wiD not read the document to verify the accuraty
or comp~ 01 the lndexlng information provided herein.
979503607
979504901
979504902
979504101
In the matter of
The vacation of a portion of
Platted l()l11 Avenue and Alleyways
STATE OF WASHINGTON
COUNTY OF JEFFERSON
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RESOLlITION NO. 22-10
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by Robert VandeWeghe; and
. WHEREAS, the Jefferson County Hearing Examiner held a public hearing on the road vacation
petition on June 22, 2010; and
WHEREAS, the Jefferson County Hearing Examiner considered testimony of the public, comments
from applicable departments, agencies and offices, and recommendations from the Jefferson County
Engineer and Jefferson County Department of Community Development at the public hearing; and
WHEREAS, the Jefferson County Hearing Examiner detennined 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 Recommendation of the Jefferson County Hearing Examiner datedJuly 1,2010.
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 10th Avenue adjoining the Lots 7
thru Lots 12, Block 36 AND that portion of l()l11 Avenue adjoining the Lots 1 thru 6 Block 44; Together
with that portion of the North 1/2 of the alley EUljoining Lot 7 thru 12, Block 36; Together with that
portion of the South 1/2 of the alley EUljoining Lots 1 thru 6, Block 44; Together with the alley located
between Block 41, Lots 1 thru 10 and Block 41, lots 11 thru 20; Together with the alley located between
Block 49, Lots 1 thru 10 and Block 49, lots 11 thru 20; All located in the Plat of First Addition To Oil City,
as recorded Vol. 3, Page 15, Records of Jefferson County, located in the SE 1/4 of Section 18, Township 26
North, Range 13 West, W.M., Jefferson County, State of Washington. This vacation affects parcel
n~bers:979504401,979503607,979504901,979504902,979504101and979504103.
Tulv ,2010
.
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OFFICE OF THE HEARING EXAMINER
JEFFERSON COUNTY
REPORTAND RECOMMENDATION
CASE NO.:
County Right of Way Vacation Petition
APPLICANT:
Robert VandeWeghe
345 HJddetldale Drive
Quilcene, WA 98376
SUMMARY OF REQUEST:
The request is to vacate portions of 10th Avenue and alleyways associated with Blocks
36.44.41. and 49 of the plat of First Addition To Oil City. .
SUMMARY OF RECOMMENDATION:
Approve, subject to one condition.
PUBLIC HEARING:
After reviewing the Jefferson County Department of Cpmmunity Development Staff
Report and examining available information on file wlth the application. the
Examiner conducted a public hearing on the request as follows:
The hearing was opened on June 22,1010, 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
MARA DOTSON appeared. presented The Department of Public Works Staff Report, and
described the vacation area. The application met all signature requirements and the
County provided proper notice. The road and alley sections proposed for vacation were
appraised by a master appraiser. She then introduced Exhibits one and two into the
record.
ROBERTVANDEWEGHE. applicant. appeared and testified that he owns most of the lots
abutting the areas proposed for vacation. Said areas are portions of an old plat approved
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in the 1920's. The lot sizes measure approximately 3,000 square feet and the current code
requires a minimum lot size of one acre if including a location for an on site septic system
and drinking water well. His objective is to cr-eate three areas of one acre lot sizes. The
alleys are abutted by lots that he owns, and all off site accesses to the plat were previously
vacated. The road to the plat is a dead-end, p)iv~te road. The plat parcel abuts timberland
under private ownership to the east, and thus plat lot owners cannot access to the east as
previously contemplated. The vacation will not present obstructions to access.
,
"I '.
ERIC FRITZ appeared and testified that he owns property within the subdivision and asked
questions regarding the applicant's proposal. No roads have been cons.trl,lcted in the
subdivision and the applicant's plans would open thesubdivlsion for possible development.
ALBERTI BRENUN appeared and questioned the applicant's plans. Mr. VandeWeghe
responded by testifying that the subdivision has no legal, pubUc"a.<t.cess. 'Owners col1ld
previously only hike to their parcels. He has negotiated with a timber company to provide a
private access to the subdivision. Now people can drive to the plat. The negotiated
easement is an umbrella agreement and other property owners can join and use the
private road to access their parcels.
BOB PETERS appeared and testified that the subdivision has seen no activity since 1920.
The largest issue preventing activity is the access. Access from the south is not pOSSible
through the National Park and can only come from the north. How does the
Comprehensive Plan address this issue? He wants to know of the terrain as the
subdivision parcel itself is flat on the top. He can't say whether he is for or against the
vacation. He owns 13 lots i.n the development.
MR. FRITZ reappeared and testified that he is concerned about his lot becoming land-
locked if the vacation is approved.
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 exemptfrom SEPA, per WAC 197-11-800(2)(h).
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"
3. Notice was provided by mail to adjacent property owners on May 12, 2010 and June
14,2010. Publication of legal notice In the Jefferson County Leader occurred on
June 9, 2010 and June 16,2010. Notice was posted at site by The Department of
Public Works on May 21, 2010.
4, . The applicant, Robert VandeWeghe, has a possessory ownership interest in various
lots located In the subdivision known as "First Addition To Oil City". The subdivision
is situated in west Jefferson County adjacent to the mouth of the Hoh River. Said
subdivision was recorded in 1920 and consists mostly of long, narrow, 3,000 square
foot lots accessed by public, 60 foot wide rights-of-way and public, 16 foot wide
alleys. Platting was motivated by the discovery of small surface oil seeps in the late
1800's, and plat lots established a titled presence that gave owners an expectation
of future profits from the oil resource. In addition, lot owners felt that a deep water
shipping port might develop on the Pacific Ocean at the mouth of the Hoh River.
5. According to the appraisal (Attachment G to the Public Works Staff Report), access
to the site from US 101 requires traveling six miles west on Oil City Road, a
Jefferson County public road, and then nine miles to the northwest on private,
gravel roads controlled by gates. The nearest public power and water is miles from
the plat. Access to most lots is via a walkinglbiking trail system..
6. The applicant has acquired a number of the 30 foot wide, 100 foot long, 3,000
square foot lots and desires to create one acre lots utilizing the lot combination
procedure. The Oil City subdivision is located within the Rural Residential 1 :20
designation of the Jefferson County Comprehensive Plan and the RR 1 :20 zone
classification of the Jefferson County Code (JCG). The JCC and health regulations
require a minimum one acre lot size to support both a drinking water well and an on
site septic system. The applicant desires to vacate a portion of one unimproved
road and several unimproved alleys to assist in the one acre lot size creation.
7. The applicant requests that the Board of Jefferson County Commissioners (Board)
vacate the portion of the 10lh Avenue right-of-way located between Blocks 36 and
44 of the subdivision. Said right-ot-way measures 60 feet in width and 204 teet in
length and contains 12,240 square feet. The applicant also requests vacation of the
south half of a 16 foot wide alley abutting the north side of lots 1-6 of Block 44; the
north half of a 16 foot wide alley abutting the south side of lots 7-12 of Block 36; the
entire 16 foot wide alley between lots 1-10 and lots 11-20 in Block 49; and the full
16 foot wide alley between lots 1-10 and lots 11-20 of Block 41. The east property
line of the portion of 1 Olh Avenue proposed for vacation abuts the east property line
of the plat parcel. The two half-alley vacations contain 1,632 s~are feet each and
also abut the east property line of the plat on either side of 1 0 Avenue. The full
alleys proposed for vacation contain 4,800 square feet each and are located in the
central portion of the plat.
8. 10lh Avenue is vegetated with trees and understory plants, and remains unimproved
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with the exception of a rough foot path crossing from north to south. The two half-
alley vacations contain both live and dead vegetation, the full alleys have been
cleared but remain unimproved.
9. 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 together with recommended conditions of approval.
Fimdings on each applicable criteria set forth in JCC 12.10.110 are hereby made as
follows:
A. The proposed. road and alley vacations comply with the Jefferson
County Comprehensive Plan and other applicable plans, policies, and
ordinances. The platted 3,000 square foot lots are not presently
developable due to health and safety requirements. The vacations
will assist the applicant in combining small lots into minimum one acre
lot sizes that will support a single family residential dwelling, on site
septic disposal system, and drinking water well. Such would comply
with the Rural Residential 1 :20 designation of the Comprehensive
Plan that contemplates low density residential development.
B. The vacated road section and alleys provide no useful area circulation
as development of lots within the plat must rely on private access
roads constructed through privately owned, off-site parcels and new
roads within the plat itself. 10th Avenue cannot be extended to the
east due to steep termin and rural forest lands in commercial timber
production. Lots abutting alleys are either owned by the applicant or
would have access to a public, platted street. The vacations will
improve the development possibilities of the subdivision.
C. The subdivision has no fire, medical, law enforcement, or other
emergency services available, and vacation of 10th Avenue and the
alleys will not affect the provision of such services. No emergency
service provider objected to the vacations.
D. No utility provider objected to the vacation of the road and the alleys.
No utility provides service to the area and no utility recommended
retention of utility easements.
E. The roads have remained unimproved since platting of the parcel in
1920 and have not and likely will not support trails or pathways. The
Jefferson County Parks Department has no objection to the approval
and did not request retention of trail easements.
F. No road or alley proposed for vacation abuts the Pacific Ocean, the
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..
. .
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Hoh River, or any other water body.
G. The proposed vacation will not land lock any parcel of property.
10. In accordance with JCC 12.10.120, Austin G. Lee, a certified appraiser, submitted
an appraisal that determined an aggregate value of all five parcels proposed for
vacation of $6,276. The Department of Public Works and the applicant agree with
the evaluation.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The request to valuate a portion of 10111 Avenue, two full alleys, and two half-alleys
within the subdivision known as The First Addition To Oil City, located near the
Pacific Ocean, north of the mouth of the Hoh River, satisfies all criteria set forth in
JCC 12.10.110. Therefore, the Board of Jefferson County Commissioners should
vacate said right-of-way and alleys subject only to the compensation required by
JCC 12.10.120.
RECOMMENDATION:
It is hereby recommended that the Board of Jefferson County Commissioner's vacate the
following street and alleys within the First Addition To Oil City subdivision as follows:
A. The portion of 10111 Avenue located between blocks 36 and 44;
B. The south half of the alley abutting the north side of block 44 between lots 1-
6;
C. The north half of the alley abutting the south side of block 36 between lots 7-
12;
D. The entire alley between lots 1-10 and 11-20 of block 49;
E. The entire alley located in block 41 between lots 1-10 and lots 11-20.
The plat of First Addition To Oil City is recorded in Volume 3, page 15, Records of
Jefferson County and is located in the SE 'JI,l of Section 18, Township 26 North, Range 13
West, Willamette Meridian, Jefferson County, State of Washington.
Recommended this 1st day of July, 2010.
5-
PROPOSED ROAD VACATION
Proponent, Robert VandeWeghe
That portion of 10th Avenue adjoining the Lois 7 thru lois 12, Block 36 AND that portion of 10th Avenue adjoining the lois 1 thru 6 Block 44;
Together with that portion of the North 112 of the alley adjoining Lot 7 thru 12, Block 36;Together with that portion of the Soulh 1/2 of the alley
adjoining LoIs 1 thru 6, Block 44; Together with the alley located between Block 41, lois 1-10 and Block 41, lots 11-20;Togetherwith the alley
located between Block 49, lois 1-10 and Block 49, lols 11-20; All located in the Plat of First Addition To Oil City, as recorded Vol. 3, Page 15,
Raoords of Jefferson County, located In the SE 1/4 of Section 18, Township 26 North, Range 13 Wast, W.M., Jefferson County, S1ate of
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To:
From:
Agenda Date:
Subject:
Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
Board of Commissioners
Philip Morley, County Administrator
Frank Gifford, Public Works Director ,q.
July 12, 2010
Portion of 10th Avenue B: certain Alleyways in 1 st Addition to
Plat of Oil City, Road Vacation
Robert VandeWeghe, Petitioner
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 10th Avenue adjoining the Lots 7 thru Lots 12,
Block 36 AND that portion of 10th Avenue adjoining the Lots 1 thru 6 Block 44; Together with that
portion of the North 1/2 of the alley adjoining Lot 7 thru 12, Block 36; Together with that portion of
the South 1/2 of the alley adjoining Lots 1 thru 6, Block 44; Together with the alley located between
Block 41, Lots 1-10 and Block 41, lots 11-20;Together with the alley located between Block 49, Lots 1-
10 and Block 49, lots 11-20; All located in the Plat of First Addition To Oil City, as recorded Vol. 3,
Page 15, Records of Jefferson County, located in the SE 1/4 of Section 18, Township 26 North, Range
13 West, W.M., Jefferson County, State of Washington. This vacation affects parcel numbers:
979504401,979503607,979504901,979504902,979504101 and 979504103. Please see attached map.
Analysis/Strategic GoalslPro's B: Con's:
This road vacation petition was heard before the Jefferson County Hearing Examiner on June 22,
2010. Based upon the recommendation contained in the County Engineer's report (attached) as well
as testimony gathered for the hearing from other departments, agendes, 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 rights of way that are not needed
for area drculation. Petitioner has paid costs assodated with the vacation.
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 P.E., County Engineer, 385-9242
Revlewe By"
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Date