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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: July 10, 2023 <br />TOPIC: Bear Road Right -of -Way <br />ACTION REQUESTED: Informational — no Board action required. <br />LEAD STAFF: <br />Joshua Fredrickson <br />RECOMMENDATION: <br />Informational briefing — no Board of County Commissioners (BOCC) action is required. <br />BRIEFING SUMMARY: <br />• Right -of -Way (ROW) for Bear Road was dedicated to the County through the Elk <br />Haven Plat. <br />• Road was never built. <br />• Ten lots have frontage to Bear Road. <br />• New access should be directed to an internal road network. <br />• North half of Elk Haven Road was previously vacated, resolution no. 95-165. <br />BACKGROUND: <br />The Elk Haven Plat was approved and recorded in September 1969. This plat created 49 <br />lots in an area north and south of Upper Peoh Point (Exhibit 1). Public ROW was <br />dedicated to provide access to the lots, including Bear Road. A 1995 resolution vacated a <br />portion of Elk Haven Road from Bear Road to the north boundary line. Bear Road has <br />not been constructed. The property owner of lots 4,5, and 11 has dedicated public ROW <br />separating their lots (Exhibit 2). Because the ROW is dedicated for public use, if <br />vacation is sought PW is required to vacate pursuant to County Code and State law. <br />DISCUSSION: <br />Ten lots have frontage to Bear Road ROW in the Elk Haven Plat. These lots have five <br />separate owners. Kittitas County Code 12.05.03 directs new access onto internal <br />roadways. Property owners have interest in no longer being burdened by the ROW. <br />Parcels need to have reasonable access available to prevent from becoming land locked. <br />Property owners may seek to vacate the roadway by submitting a road vacation <br />application. This action would allow parcels on the north and south of Bear Road to be <br />joined and no longer burdened by the right-of-way. Lot owners on the north side of Bear <br />Road may seek access easements from the lots on the south side of Bear Road. This <br />would also require a variance through the Road Variance Committee to allow direct <br />access onto Upper Peoh Point. They may also seek to establish Bear Road. Construction <br />and maintenance of Bear Road is directed on the plat dedication to be the responsibility <br />Page 1 of 4 <br />Public Works "Work Session Staff Report" 2023 <br />