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KITTITAS COUNTY <br />DEPARTMENT OF PUBLIC WORKS <br />PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS <br />STUDY SESSION STAFF REPORT <br />STUDY SESSION DATE: August 22, 2022 <br />TOPIC: Manastash Right of Way Issues with Department of Natural Resources <br />ACTION REQUESTED: Direct Staff <br />LEAD STAFF: <br />Mark R. Cook <br />RECOMMENDATION: <br />Return the Federal Lands Access Program (FLAP) grant to the Federal Highway <br />Administration (FHWA). <br />BRIEFING SUMMARY: <br />• Staff is proposing to decline the Department of Natural Resources (DNR) <br />easement offer at Manastash bank stabilization project. <br />• DNR's easement offer supporting additional parking and a turn -around requires <br />the county relinquish right of way. <br />• While the standard DNR lease is adjusted in a manner similar to Dickey Creek, it <br />imposes use restrictions on road maintenance operations. <br />• Staff proposes returning the FLAP grant and repairing Manastash Road with cash <br />reserves. <br />• Once repaired, the road will be signed "No Parking" and no further snow park <br />access will be allowed on county road. <br />BACKGROUND: <br />For over a year, Public Works has been attempting to secure additional land from DNR <br />supporting increased roadside parking and an end of road turnaround at Manastash Road. <br />PW maintains that we have right of way through the project that DNR declines to <br />acknowledge. <br />DISCUSSION: <br />Our FLAP grant requires the county certify any additional right of way needed to support <br />project objectives: repair, widen and provide a turn around. The turnaround will require <br />additional land from DNR. DNR is offering the necessary easement with the requirement <br />that PW vacate our right of way along Manastash Road (surrender right of way in favor <br />of an encumbered easement). PW proposes declining DNR's offer as it requires us <br />taking a diminished position relative to ongoing roadway maintenance. In a recent <br />discussion with DNR attempting to resolve the issue, DNR made the comment that if the <br />county shifted the centerline of the road towards the south portion of the right of way, <br />there would likely be legal action as a result. <br />Page 1 of 3 <br />Public Works "Work Session Staff Report", 2022 <br />