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Home My WebLink AboutConductPHMichelettoRoadVacationKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS PUBLIC HEARING STAFF REPORT AGENDA DATE: June 4, 2019 ACTION REQUESTED: Conduct a Public Hearing to consider the Vacation of Micheletto Road in Cle Elum, Washington. BACKGROUND: Public Works has previously received Board direction to pursue vacation and abandonment of Micheletto Road. The Board's intention has been duly advertised in the County's newspaper of record. Kittitas County Code requires the Board to declare its intention to vacate pursuant to KCC 12.22.020. Public Works believes it is in the best interest of the Board to formally declare its intention to vacate MIcheletto by resolution. Public Works proposes that prior to taking action on the vacation ordinance; the Board executes a resolution declaring its intention vacating Micheletto Road. INTERACTION: Public Works RECOMMENDATION: Authorize the Board's signature on the resolution declaring Board intention vacating Micheletto Road and authorize the Board's signature on the ordinance approving said vacation. HANDLING: Return one original to Public Works ATTACHMENTS: Resolution; Director's/Engineer's Report; Ordinance LEAD STAFF: Mark R. Cook, Director OpSCADES... TO yyFCO �� " `"m� KZTTZT�iB COUNTY DEPARTMENT OF PUBLIC WORKS KI'1'IIiAS CQM�Y PUBLIC HEARING DIRECTOR'S/ENGINEER'S REPORT PROPOSED VACATION OF MICHELETTO ROAD Kittitas County Public Works has requested that Micheletto Road be vacated. No application fee was required for this request. The Board of County Commissioners must declare its intention to vacate and abandon Micheletto Road. Pursuant to RCW 36.87.040 an inspection has been made of Section 21, Township 20N, Range 17E, W.M. for the potential vacation of said road. Background: 1. Micheletto Road as petitioned in 1933, commencing at the old State Highway (Permanent Highway No. 3-A) thence 1100' East, thence 650' North. In researching the commissioner's journal, there was never any formal adoption of the road. 2. The portion of said road to be vacated includes an area of 1.24 acres. 3. The road vacation property and adjacent property are zoned Agricultural 20, allowing for 20 acre lots with individual septic and well, and 0.5 acre lots if created as part of a conservation plat. 4. This road vacation is being prepared due to non-use and provides access to only one residence. 5. The property owner has installed a gate eliminating access to a turn -around utilized by Kittitas County Public Works Maintenance Crews. 6. There is only one ownership entity being served by Micheletto Road; Micheletto Road LLC. 7. The road currently is maintained by Kittitas County, which consists of grading twice a year, with ditching and re -gravelling every five years. 8. The road to be vacated serves a total of two lots, both owned by Micheletto Road LLC. Requirements of RCW 36.87.040 Director/Engineers Report: Whether County road right of way should be vacated or abandoned. • There are no compelling circumstances for the road right of way that is being considered to be vacated, to remain on the assessor's parcel maps. Whether road is in use or has been in use. • This right of way is currently is use a public roadway 3. The condition of the road. • The current condition is a primitive gravel road 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 4. Whether it will be advisable to preserve it for the county road system in the future. • There are no advantages to preserving this right of way. This vacation does not impact any future improvements. 5. Whether the public will benefit by the vacation. • The road vacation will eliminate right of way maintained by the County. 6. A determination by appraisal of the fair market value of the area sought to be vacated • An appraisal was not pursued as the vacation is being requested by Public Works. • Property owners shall agree to the changed legal descriptions and additional (or reduced) amounts of acreage for each lot. 7. The classification of the road area according to the type and amount of expenditures made and the nature of the county's interest therein according to the following classification: a. Class A - public expenditures made b. Class B - no public expenditures made. It is not reasonable to expect the property owner compensate for past public expense maintaining Micheletto Road. Significant cost savings are anticipated by eliminating ongoing maintenance expenses on Micheletto Road. 8. Whether the proposed area to be vacated contains utilities. • A site visit and review of Public Works documents indicated that there are no visible utilities in the proposed vacation. • If utilities are present in the vacated right of way, the Board could retain an easement for the construction, repair, and maintenance of public utilities and services in a portion of the land being vacated at the time the ordinance is adopted per Kittitas County Code Title 12.22.100, Retention of easement for public utilities and services. Public Works does not see any reason for the Board to retain a utility easement on Micheletto Road. 9. All other matters which will be of interest to the board including an itemized list of costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to such petition to vacate and abandon. • Itemized list of expenses is available at BOCC request. The Department of Public Works recommends the Board approves the proposed vacation Micheletto Road. Dated this 4th day of June, 2019. Mark Cook, Director/Acting County Engineer Public Works Department Attachment 1 — Micheletto Road Exhibit 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 MICHELETTO ROAD SEI/4 SEC 21, T20N., R17E., W.M. ----------- ----- -- A NI w� 10 KITTITAS COUNTY l OZO CHECKED: J. TURNBULL 'P HISTORY AND ESTABLISHII[ENT MICHELETTO ROAD 0 1. PETITIONED TO BE COUNTY ROAD (30' COUNTY R/W - GRAVEL) 'PBS 2j 6/05/1933 AS 40' ROADWAY. z o0 N90'00'00"E 1181.93 2. PER COUNTY ENGINEERS REPORT 1074.45 30 R/W ADJACENT TO AND -^ 6/29/1933, THE ROAD TO BE \NORTH OF SECTION LINE ESTABLISHED AS 30' RIGHT OF WAY c� COMMENCING AT THE INTERSECTION WITH PERMANENT HIGHWAY 3A, CPO THENCE 1100 EAST, THENCE 650' 0 o Cp, -7 0 > NORTH. 0 m 3. IN RESEARCHING THE N COMMISSIONER'S JOURNAL, THERE WAS NEVER ANY FORMAL ADOPTION OF THE w ROAD. 0 P 4. COUNTY DOCUMENTS SHOW 0o MAINTENANCE DATING BACK TO THE 0 1973. z 5. BLACK HIGHWAY PLAT BOOK SHOWS THIS ROAD AS "JOHN q MICHELETTO ROAD. O 6. BROWN PLAT BOOK SHOWS THIS Ix ROAD AS "No. '171, JOHN MICHELETTO Z RD" d 7. NO ENTRIES FOR EITHER JOHN MICHELETTO RD OR MICHELETTO RD IN THE HISTORIC INDEX OF ROADS. x 8. NO COUNTY ROAD PLANS EXIST FOR THIS ROADWAY. 9. NO RECORDED SURVEYS EXIST FOR THIS ROADWAY. ti y�G P D=24'37'12" L=141.80 R=330.00 SWAUK PRAIRIE ROAD 1 N90'00'00"E 1580.55 0 0 0 rn m w O 0 0 0 0 z 0 200 400 800 1 1 inch- 400 ft. 1 KITTITAS COUNTY PUBLIC WORKSINAKitti tas County Public Works SHEET 411 N. RUBY ST., ELLENSBURG WA 98926 411 North Ruby t, Ellensburg, WA (509) 962-7523 www.c0.1lttii0s.w0.us Co 0 w w? PARCEL N0. 405535 NI w� 9 28 2018 18019 KITTITAS COUNTY l OZO CHECKED: J. TURNBULL w MICHELETTO ROAD 0 LO (30' COUNTY R/W - GRAVEL) o z o0 N90'00'00"E 1181.93 1 Im 1074.45 30 R/W ADJACENT TO AND -^ S \NORTH OF SECTION LINE c� CPO Cp, -7 0 > KITTITAS COUNTY PUBLIC WORKSINAKitti tas County Public Works SHEET 411 N. RUBY ST., ELLENSBURG WA 98926 411 North Ruby t, Ellensburg, WA (509) 962-7523 www.c0.1lttii0s.w0.us OF PT SE 1/4 SEC 21, T20N., R17E., W.M. DRAWING TYPE COUNTY ROAD EXHIBIT SHEE PARCEL N0. 405535 SCALE: 1 1.-400' PROJECT MAP L°.20-17-21000-0008 9 28 2018 18019 KITTITAS COUNTY DRAWN BY: J. TURNBULL CHECKED: J. TURNBULL BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019 - DECLARING THE KITTITAS COUNTY BOARD OF COUNTY COMMISSIONER'S INTENT TO VACATE AND ABANDON MICHELETTO ROAD WHEREAS: Public Works has previously received direction from the Kittitas County Board of County Commissioners to schedule a public hearing to consider vacating and abandoning Micheletto Road; and WHEREAS: Kittitas County Code 12.22.020 requires a Board resolution in the absence of a Freeholder's Petition to vacate county roads; and WHEREAS: Public Works' Board direction resulted from verbal direction at a Public Works study session with the Board without preparing a resolution for Board action; and WHEREAS: Public Works duly noticed the Board's public hearing to consider vacating and abandoning Micheletto Road in the County's newspaper of record; NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best interest of the public, does hereby authorize the Board's signature on the resolution declaring its intent to vacate and abandon Micheletto Road. DATED this 4th day of June, 2019, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE No. 2019 - VACATION OF MICHELETTO ROAD PURSUANT TO REVISED CODE OF WASHINGTON 36.87 AND KITTITAS COUNTY CODE 12.22 WHEREAS: Kittitas County manages County road rights of way pursuant to Revised Code of Washington 36.85; and WHEREAS: Vacation of County road right-of-way is controlled by Revised Code of Washington 36.87 and Kittitas County Code 12.22; and WHEREAS: The Kittitas County Board of County Commissioners has declared its intention to vacate Micheletto Road and said notice has been duly advertised in the County's newspaper of record; and WHEREAS: The Public Works Director has reported upon the requested vacation and abandonment of Micheletto Road to the Kittitas County Board of County Commissioners; and WHEREAS: The Board of Kittitas County Commissioners did hold a public hearing on Tuesday, June 4th, 2019 to hear public testimony regarding the requested vacation of Micheletto Road; and WHEREAS: The Board of Kittitas County Commissioners concur with the Director of Public Works that a determination of fair market value for Micheletto Road right of way is offset by road maintenance savings; and WHEREAS: The Board of Kittitas County Commissioners concur with the Director of Public Works that consideration of compensation for County improvements to Micheletto Road (Revised Code of Washington 36.87 and Kittitas County Code 12.22.040) that the value of public expenditures made are sufficiently offset by the elimination of future road maintenance expenses; 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 authorize the vacation and abandonment of Micheletto Road. DATED on this 4th day of June 2019, at Ellensburg, Washington. Attest: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chairman Laura Osiadacz, Commissioner