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HomeMy WebLinkAboutConductPHHartmanRoadVacationKITTITAS COUNTY DEPARTMENT OF PUBLIC WORKS STAFF REPORT AGENDA DATE: June 4, 2019 ACTION REQUESTED: Conduct a Public Hearing to consider the Vacation of Hartman Road in Cle Elum, Washington BACKGROUND: Public Works received a request from Section 20 LLC (Martha Wyckoff) on Hartman Road to consider vacating the road due to non-use and due to the fact that the road provides access to only one residence. The property owners' state in their request that they are willing to assume responsibility for the road should it become private from the road vacation. Public Works staff has previously briefed the Board of County Commissioners on this request. Staff has not conducted the fair market appraisal (KCC 12.22.040). Cost savings from no longer providing gravel road maintenance is expected to outweigh any revenue generated from land sale of road right of way. Staff believes the future cost savings from road vacation sufficiently offset and financial consideration for past public expenditures made improving and maintaining Hartman Road. Staff believes it is prudent for the Board to retain a utility easement for existing overhead transmission lines. The application and fee for this request have been received. The paid fees cover all expenses to date incurred by Public Works. The fees are also expected to cover the cost of utility easement preparation. INTERACTION: Public Works RECOMMENDATION: Conduct Public Hearing on June 4, 2019 at 2pm to consider the Vacation of Hartman Road in Cle Elum, Washington HANDLING: Return one (1) copy to Public Works ATTACHMENTS: Ordinance; Engineer's Report LEAD STAFF: Mark Cook, Public Works Director Crscnoes_ 70r a ``'a9 KITTITAtS COUNTY DEPARTMENT OF PUBLIC WORKS KITTITAS COIIK'1'Y PUBLIC HEARING DIRECTOR'S/ENGINEER'S REPORT PROPOSED VACATION OF HARTMAN ROAD An application for a road vacation of Hartman Road was made on February 7, 2019 (Attachment 1). 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. Hartman Road as established in 1932, commencing at the old State Highway (Permanent Highway No. 3-A) at the South East Corner of Section 21, Township 20 North, Range 17 East, W.M. runs thence North along the Section Line to a point 300 feet of the quarter section between sections 20 and 21 and ends at a point 300 feet North of the of the Quarter corner between sections 20 and 21. The total length being 2940 feet with a width of 30 feet. 2. The portion of said road to be vacated includes an area of 2.02 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 at the request of the land owners that own property on both sides of the proposed vacation. 5. The ownership statements per the letter from Martha Wyckoff dated February 1, 2019 are correct. There are only two ownership entities being served by Hartman Road; Micheletto Road LLC and Section 20 LLC. 6. The property owner has petitioned Kittitas County to vacate and abandon Hartman Road and assume responsibility for the road. 7. The $4,205.00 fee for roadway vacation was paid on April 24, 2019. 8. The road currently is maintained by Kittitas County, which consists of grading twice a year, with ditching and re -gravelling every five years. 9. The road to be vacated serves a total of five (5) lots. Four of these lots are owned by Section 20 LLC, and 1 lot is owned by Micheletto Road LLC. Only one of the five lots is not adjacent to an alternative public right of way. This potentially landlocked lot is owned by Section 20 LLC, and could access adjacent parcels under the same ownership to access a public right of way. 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 2 Requirements of RCW 36.87.040 Director/Engineers Report: 1. 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. 2. 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 gravel road 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, reducing costs to rate payers 6. A determination by appraisal of the fair market value of the area sought to be vacated. • An appraisal was not needed since the right of ways vacated will be replaced with right of ways where the physical roads are located. Property owners shall agree to the changed legal descriptions and additional (or reduced) amounts of acreage for each lot. Maintenance savings overtime are expected to easily generate more revenue than could be expected from real estate appraisal of the right of way being vacated. 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 unreasonable to request compensation for past public expenditures constructing and maintaining Hartman Road. The cost recovery would likely negate the vacation action and associated road maintenance savings. 8. Whether the proposed area to be vacated contains utilities. • A site visit and review of Public Works documents indicated that there are overhead transmission lines As 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 recommends retaining a 15 foot utility easement centered on the existing overhead transmission lines. 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Dept. of Public Works Page 3 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 of Hartman Road. Dated this 4th day of June, 2019. Mark Cook Director/Acting County Engineer Public Works Department Attachment 1 - Road Vacation Application 411 North Ruby Street, Suite 1 TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 si'rrius ro�inn� =' M Y ik$ 404D OF PUBLIC I Ch d< 14I S (2cc-4 4 I y l Goad placation Application Fee: $4M-.13 ,;�ippiicant f Designated Agent APR 2 4 2019 NameCTT/Jiy%j�i�LlI�TtG7pI 7 Address Y u/T 7bgZ phcr.a NIurnber —2©6v /Z Cv:c c4io&SCVgm,0i cam '11roperty Owners Adjacent to Vacated Area (If Necessary Attach more sheets as needed.) Name S6-G'77oA) ZO LLC AMRITM W-L6k0F/= #7,9174q ,,I- Ar'dress /05/ H)gkl "RA.i kQ, GOLF EGUM W1 /o722 <�'ho,n4 Number _ZD%' Llq�5' /2-96 roiame Address -:7 /'� lo --7- 5E ra c-yyA 19/Z7-0567 Phcne Number 20 L — y /') — C1 LJZ,8 Lnn�enr7ef &Cooporh6ac;e, ori Kittitas County Public works is willing to assist with this process if the applicant or designated agent re quests assistance. feegs$ Dascriotion: ZO OR ® E 2/z o 1 ACATIOtit OP- 7HG E/vrimry Or- PAR-IMA&I ;k>�D 411 N Ruby, Suite 45 TSL (689) 962-7628 Ellensburg, VVA 95926 FAR (509) 9c2-7663 Dept. of Public Works Page 2 Swa-u k tora i rie /& Mrfh -ib 7c,em �nS uOF Vacatad from i tyle PHA)e'n✓ hjj gn Vacated from End of Driveway at Beason for Reouest: J t to Driveway at (1,2 AJ Z/ IN6 095,0 IF I UG L0,5e& INTER -65770 ZW,5. ND 1119Y W9 46C1,,66b 1-6 RPPLY �-o,e i�lKIA' PF25,1, -113/1-/Ty 6/A)Cb= Mg XP� C OiULy 45v/0eI7 ON 77f6 Additionai Notes or Comments: 910401—ETI-6 R© LLC QS yA bers 77trs XPPGICA TIaAA RJe-ase submit completed application and application fee to: Kittitas County Public Wor z 411 North Ruby, Butte 1 Sllensburp, WA 98926 419 Kr. Ruby Street, Suite l TEL (509) 962-7523 Ellensburg, WA 98926 FAX (509) 962-7663 Martha Wyckoff Section 20 LLC 591 Ballard Hill Rd Cie Elum, WA 98922 206-498-1295 February 1, 2019 Mark Cook, Director Kittitas County Public Works 411 N Ruby Street, Suite 1 Ellensburg, WA 98926 RE: 1051 Hartman Rd. Cie Elum, WA 98922 Dear Director Cook, FEB 072019 We understand that the County from time to time evaluates its road system and whether certain roads should be vacated and abandoned because of non-use. We would ask that the County consider whether it should abandon Hartman Road because of non-use, and what we and our neighbors (Micheletto Road LLC), the only owners of land bordering Hartman Road and only users of Hartman Road, may do to cause such vacation. Hartman Road is a dead-end road off of Swauk Prairie Road that separates the southern portions of Sections 20 and 21. Hartman Road provides road access to only one residence, a residence owned by Section 20 LLC. Section 20 LLC and Micheletto Road LLC own all of the land bordering Hartman Road, with Section 20 LLC owning nearly all of the land in the western portion of Section 21 and the eastern portion of Section 20 (all the way to Section 16 and 17) and Micheletto Road LLC owning a much smaller portion along the southwest corner of Section 21. We and Micheletto Road LLC support the vacation and abandonment of Hartman Road, and are willing to assume responsibility for the road should it become private due to vacation and abandonment by the County. Let us know what we may do to move this along. Feel free to give me a call if you have any questions or desire more information. Sincerely, ��//�� 'iger, Martha Wyckoff, MaSit 20 LLC BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE No. 2019 - VACATION OF HARTMAN 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: Public Works did receive a freeholder's petition from Section 20 LLC (Martha Wyckoff, manager) requesting the Board of County Commissioners consider vacating Hartman Road in its entirety (February 1, 2019); and WHEREAS: The Public Works Director has reported upon the requested vacation and abandonment of Hartman 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 Hartman Road; and WHEREAS: The Board of Kittitas County Commissioners concur with the Director of Public Works that a determination of fair market value for Hartman 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 Hartman Road (Revised Code of Washington 36.87 and Kittitas County Code 12.22.040) that public expenditures made are sufficiently offset by the elimination of future road maintenance expenses; and WHEREAS: The Board of Kittitas County Commissioners concur with the Director of Public Works that a utility easements should be retained from the vacated land supporting existing overhead transmission lines; 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 of Hartman Road retaining a utility easement for existing overhead transmission lines and does direct that the utility easement be created prior to vacating and abandoning Hartman 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