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Home My WebLink AboutOrdinanceWiehlRoadRIDKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS AGENDA STAFF REPORT AGENDA DATE: December 18, 2018 ACTION REQUESTED: Request to Sign the Ordinance Ordering the Enactment of Road Improvement District 2018-01 Wiehl Road C - 41[JZ111 C I]i Public Works has been working to present a proposed road improvement district (Wiehl Road) to the Kittitas County Board of County Commissioners (BOCC) for the past several years. The BOCC issued a Notice of Intent to Formulate Road Improvement District 2018-01 Wiehl Road pursuant to Resolution 2018-162 (10-16-2018). Notices to benefitted property owners were issued via registered mail on October 26, 2018. A total of 38 letters were sent encompassing all properties within the proposed district boundary. Multiple ownership accounts for the total of 38 letters with individual owners receiving separate letters for each legal lot of record. Owing to legal lot status, a total of 73 lots are identified within the benefitted boundary. Of the 74 legal lots, Kittitas County defines nine (9) lots as having to be sold with a mother parcel. This requirement reduces the total number of benefitted lots to 65. Public Works was provided a preliminary petition from benefitted owners identifying a total of 63 benefitted lots. In addition, one owner had six parcels. Until recently, the property owner with six lots committed to covering the cost of three (3) lots within the RID. The basis of RID benefitted lot cost estimate has been based, until now, on a total of 66 benefitted properties. Meeting the BOCC's direction, the cost borne by benefitted properties is set at $600,614. Project costs are currently estimated at approximately $875,000, with the BOCC agreeing to cover the project balance. Using $600,614 in benefitted property owner contributions, a fifteen (15) year cost recovery period, an interest rate of three (3) percent, with the first payment due at the beginning of the recovery period: an annual cost of $740.09 has been forecast per lot for the 66 benefitted lots. Recently, the property owner with six (6) lots has suggested that he is now willing to pay only one (1) assessment. It is Public Works' understanding that the property owner is considering placing a large amount of land into conservancy trust. The effective date of the transfer is unknown. Presuming that all but one lot is transferred to conservancy, the total benefitted lot count reduces to sixty (60). The BOCC held a Public Hearing on November 20, 2018 at 2:00 pm to consider the formulation of Road Improvement District 2018-01 with said Public Hearing being continued to December 10, 2018 at 11:00 am at which time the BOCC voted 2-1 in favor of formulation of Road Improvement District 2018-01 — Weihl Road. The BOCC directed staff to prepare enabling documents for approval on the December 18, 2018 Agenda Session. INTERACTION: Public Works RECOMMENDATION: Sign and approve the attached Ordinance as presented. HANDLING: Return one original to Public Works ATTACHMENTS: Ordinance formulating RID 2018-01 Wiehl Road LEAD STAFF: Mark R. Cook, Director BOARD OF COUNTY COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE No. 2018 - ORDERING THE ENACTMENT OF ROAD IMPROVEMENT DISTRICT 2018-01 WIEHL ROAD WHEREAS: County Road Improvement Districts are authorized in state law pursuant to Revised Code of Washington at Chapter 36.88; and WHEREAS: Counties are allowed to utilize an alternative method of road improvement district formulation in Revised Code of Washington Chapter 36.88.065; and WHEREAS: After due consideration the Kittitas County Board of County Commissioners elects to utilize Revised Code of Washington Chapter 35.43.065 formulating Road Improvement District (RID) 2018-01 Wiehl Road; and WHEREAS: The Kittitas County Board of County Commissioners directed the Department of Public Works to publish a Notice of Intent to Formulate Road Improvement District 2018-01 W iehl Road pursuant to Resolution 2018-162; and WHEREAS: The Nature of Improvement is generally described as: The grade of the roadway is adjusted to meet a maximum of twelve (12) percent grade. The roadway is widened to a paved hot mix asphalt width of 24 feet. Drainage improvements are constructed along the inside slope of the roadway along with retaining walls on the outside of the roadway. Guardrail is placed at areas of high risk on the outside edge of the roadway. A paved turnaround is constructed at the end of the improvement at the intersection with Loping Lane; and WHEREAS: The Kittitas County Board of County Commissioners has determined that benefitted property owners are equally benefitted by the Nature of Improvement and that funding assessment shall be by individual lot owner and estimated assessments (Exhibit 1 attached) and the proposed RID 2018-01 boundary map are attached to this Ordinance (Exhibit 2 attached); and WHEREAS: The Kittitas County Board of County Commissioners find that no specially benefitted property owner has constructed facilities qualifying for any credit towards any property assessment; and WHEREAS: The Kittitas County Board of County Commissioners acknowledges that no preformation expenditures have occurred other than those incurred by Kittitas County Department of Public Works and that those expenditures are not being south for cost reimbursement; and WHEREAS: Upon consideration of Revised Code of Washington Chapter 35.43.188 the Kittitas County Board of County Commissioners elects not to allow assessment reimbursement accounts as part of RID 2018-01; and WHEREAS: The Kittitas County Board of County Commissioners believes that all benefitted property owners are included within the RID 2018-01 boundary, the Board reserves the right to amend the boundary or create a process for allowing late comers to the RID should the need arise prior to the date of RID completion; and WHEREAS: The Kittitas County Board of County Commissioners did hold a public hearing on November 20, 2018 at 2:00 pm receiving testimony from specifically benefitted property owners within RID 2018-01 district boundaries regarding the enactment of RID 2018-01; and WHEREAS: The Kittitas County Board of County Commissioners held a continued public hearing on December 10, 2018 at 11:00 AM local time, where additional testimony was received and a vote of two to one approving the proposed road improvement district (RIC 2018-01 Wiehl Road) as presented by staff. NOW, THEREFORE BE IT ORDAINED That the Kittitas County Board of County Commissioners, after due deliberation and in the best interest of the public, does hereby order the enactment of RID 2018-01 Wiehl Road; and BE IT FURTHER ORDAINED That the Kittitas County Department of Public Works is directed to solicit construction of RID 2018-01 improvements and to construct said improvements in 2019; and BE IT FURTHER ORDAINED That upon completion and acceptance from Kittitas County Department of Public Works of RID 2018-01 Wiehl Road improvements, the Kittitas County Treasurer is directed to begin collecting benefitted property RID assessments the amount of true and fair value for the improvement as substantially presented in Exhibit 1 attached. ADOPTED this 18th day of December, 2018, at Ellensburg, Washington BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Laura Osiadacz, Chairman Attest: ❑ Clerk of the Board- Julie Kjorsvik Obie O'Brien, Vice -Chairman ❑ Deputy Clerk of the Board- Mandy Buchholz Cory Wright, Commissioner a n o i z [17 i pz zl z r;;;; r. a$ 6 a= 3 ^ 1 v S � ;a 3 3 3 3 3 s< is 3s" F ryy E 33333 WPoWWR EEEE 060 ti t:1 �Nww BW&vo800g °"O'w&mwo°v°�e.. �" .. 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EXHIBIT 2 — BOUNDARY MAP AND DESCRIPTION The following lands described as follows: Y wwe MI :jk - - Mehl Rd Vicinity All of Section 22, Township 20 North, Range 16 East, W.M.; AND all of Section 23, Township 20 North, Range 16 East, W.M.; AND that Portion of Section 27, Township 20 North, Range 16 East, W.M., shown as Lots 1- 6 upon that certain Survey recorded as Volume 28 of Surveys, Page 224, under Auditors File No. 200305060025; AND that Portion of Section 26, Township 20 North, Range 16 East, W.M., shown as Lots E - M upon that certain Survey recorded as Volume 24 of Surveys, Page 97, under Auditors File No. 199907130024; AND that Portion of Section 26, Township 20 North, Range 16 East, W.M., shown as Lots 1-4 upon that certain Survey recorded as Volume 18 of Surveys, Page 10, under Auditors File No. 541082, AND that Portion of Section 26, Township 20 North, Range 16 East, W.M., shown as Lot A upon that certain Survey recorded as Volume 25 of Surveys, Page 67, under Auditors File No. 200006270006; AND that Portion of Section 26, Township 20 North, Range 16 East, W.M., shown as Lots 1 - 3 upon that certain Survey recorded as Volume G of Short Plats, Page 208, under Auditors File No. 200410280023; AND that Portion of Section 26, Township 20 North, Range 16 East, W.M., shown as Lot 4A upon that certain Survey recorded as Volume 9 of Plats, Page 223, under Auditors File No. 200507150048; AND that Portion of Sections 26 and 27, Township 20 North, Range 16 East, W.M., shown as Lots A and B, upon that certain Survey recorded as Volume 27 of Surveys, Page 140, under Auditors File No. 200204190051.