ISLAND COUNTY
COMMISSIONERS - MINUTES OF MEETING
SPECIAL
SESSION - JULY 5, 2001
The
Board of Island County Commissioners
met in Special Session on Camano
Island, Thursday, July 5, 2001, at 2:00 p.m.,
Terry’s Corner Fire Station located at 525 E. North Camano Drive, Camano Island. The purpose of the Special Session was to conduct a Public Hearing on Resolution #C-81-01/R-33-01, proposed Vacation of
County Right-of-Way known as Hultman Road, located in Government Lot 1, Section
18, Township 32N, Range 3E,
W.M., Camano Island, 0.45 acres, petitioned by Bruce Zelk, et. al. Chairman
William F. Thorn, and Commissioners Wm. L. McDowell and Mike
Shelton were present. Lew Legat,
Island County Engineer, and
approximately 14 citizens, were also
present.
HEARING HELD:
ORDINANCE #C-81-01 (R-33-01) -
PROPOSED VACATION
OF COUNTY ROAD DESIGNATED AS HULTMAN ROAD
At 2:00 p.m. as scheduled and advertised, Chairman
Thorn opened a Public Hearing for the purpose of considering Ordinance #C-81-01 (R-33-01) in the matter
of the proposed vacation of County Road designated as Hultman Road
located in the N1/2 of the NE ¼ of Sec. 18, Twp. 32N, Rge 3E, W.M., Camano
Island.
Mr. Legat opened by explaining that vacation of Hultman Road would terminate some of the County’s
interest in the roadway, such as road
maintenance and improvements and the County would not receive the gas tax funds
for Hultman Road. A 15 foot strip along Government Lot 1 (1,320
feet) was deeded to the County in 1930.
County Assessor’s map shows the length as 830 feet long, but the County
maintains only a 10 foot wide gravel
road, 370 feet in length. An additional
graveled 230 feet was maintained by private citizens, along with 110 feet paved
by a private party, and 610 feet in length remains unopened.
Mr. Legat reported and confirmed that the public would benefit from the vacation
in that:
1.
Various
portions of the right of way were never constructed and the public will be
benefited by having the property returned to the tax rolls.
2.
Hultman
Road as constructed is of short length and only serves a limited number of
properties.
3.
There
is no current nor anticipated future public need for the right of way to
provide for the public road circulation system.
4.
The
right of way is limited width, (15 feet) the cost to expand the right of way
and to improve the road to current county standards is out of proportions to
the general public benefit received.
5.
The
vacation would eliminate possible liability or risk exposure.
6.
The
vacation would terminate any existing confusion or conflicts about the road
being private or public.
Mr. Legat recommended Hultman Road be vacated with the conditions as outlined on
Attachment “A” provided to the Board,
including compensation for the value of the land as determined by the
County Assessor, $9,124. If vacated, the right of way would be returned to the property owners on the west
side of Hultman Road. He suggested it
would be advisable for the benefiting
property owners to establish permanent easements of record for ingress and
egress along with provisions for continuous maintenance of the road. Mr. Legat was requested by Vincent
Abbey not to vacate the northerly 20 feet of Hultman Road because his driveway
cuts across from the alley to Lot 1.
Mr. Legat agreed with that and recommended that Hultman Road be vacated
except for the southerly 30 feet allowing for Arrowhead Road and the northerly
20 feet allowing for the extension of the alleyway.
Chairman Thorn asked whether the current utility
easements were used by several in-place utilities. Mr. Legat responded that the
County would retain an easement
upon the vacated 15 feet for public/private utilities. Known public/private utilities within the
right of way consist of Cascade Natural Gas, Snohomish PUD, GTE and Brown’s
Point Water Association.
Vincent Abbey, Lot 1, Arrowhead Point, asked whether the public utilities would
still have a right to use the easements.
He was interested in extending the alley on the north end and would
purchase the right of way if the county vacated the 20 northerly feet so he and
his neighbors would have access to their lots.
Mr. Legat explained the easement rights for
utilities would be reserved to the County,
and would allow franchise holders of utilities in the area to use the
easement. He explained that he had recommended the Board not vacate the northerly 20 feet so that current property owners
could use it for ingress and egress to their properties.
Commissioner Shelton asked how many people in the
plat of Arrowhead Beach used Hultman Road as an access, and questioned why the
property owners wanted Hultman Road vacated.
He was concerned about access to the northerly lots along Hultman Road.
Randy Jones, 1508 Hultman Road, Lots 17 and 18, wanted clarification how the road vacation
would have an effect on his access from Lot 17 on Hultman Road. He was concerned about the road and culvert
maintenance and wanted to know who would be responsible for the maintenance
agreement. He was not opposed to the
vacation but wanted assurance that a maintenance agreement would be
forthcoming. He is the only one in the Arrowhead Beach plat who
uses Hultman Road for access.
Mr. Legat explained that originally the property
owners were opposed to a sewer line going along Hultman Road when Sun Mountain
Construction had applied for a franchise for the placement of a sewer line
within the Hultman Road right of way.
The petitioners had hoped vacating the road would stop that action. The franchise was granted in November of
1999 and the petitioners wished the vacation action deferred. The
franchise for Sun Mountain
Construction was not acted upon and
terminated in April 2001, and the petitioners then requested the
vacation move forward. Mr. Legat explained the property owner’s
rights for access within the Hultman Road right of way would be reserved along
with the right to prevent public use of the road.
Bruce Zelk, 1539 Hultman Road, petitioner, explained
since the property owners had been using Hultman Road as access for many years
and had maintained all except the southerly 370 feet maintained by the County
they felt the proposed septic line was an intrusion. They were concerned about the road being cut up and not repaired,
about trees being destroyed and concerned about a well radius that fell in the
right of way. He explained the road was
narrow and was not suitable for public access.
Commissioner McDowell asked about the situation if an existing house on the west side had a
failed septic system and needed an off-site septic: would the road vacation
preclude the property owner from placing a septic line down Hultman Road?
Mr. Legat said that the County would not be able to grant a franchise for a
sewer line if not an existing franchise
holder. The property owner would have to come to some kind of an
agreement with the adjacent property owners to use the easement. Access and utility rights should not be
mixed; if the water line is there, the
easement right remains.
In answer to a question from Chairman Thorn
about how many Government Lot 1
properties were not built on presently, the answer was that two lots had not been built on.
Ms. Pat Abbey, Hultman Road, asked for clarification
about the proposed road vacation and reason for same; is the desire for
vacation of the road in order to not have a sewer line down the road.
Commissioner Shelton recalled that the franchise for Sun Mountain Construction was
to place a line for an off-site septic
system; the house was on one lot, and the septic system was on another lot and
it was just the pipe between the two lots that would have been placed in the
right of way.
Chairman Thorn explained that Sun Mountain could not
place the septic line along Arrowhead Road because of interference with an existing
water line along the west side of Arrowhead Road.
An audience member was interested in knowing what
would happen if property owners did not agree to allow a septic line placed in the right of way after it the road were vacated.
Mr. Zelk
said that property owners were
responsible to maintain the right of
way; individual
property owners would need to negotiate to place an
off-site septic line in the right of way.
The petitioners feel that if the County allows a septic tight line along
Hultman Road one time, then the County would probably allow it again. Also, the public was using Hultman Road more
frequently and many times had to back out since it was not wide enough to turn
around. A fence has been knocked down also. The petitioners decided vacating the road would help protect
their privacy.
John Baker, 315 Arrowhead Point Lane, requested
clarification if Hultman Road had not
been available, whether the septic
tight line could have been placed along the east side of Arrowhead Road with
the natural gas line, then under the road to the west side. If so, he understood that would satisfy any
problem for line placement for properties on Arrowhead Road.
Commissioner McDowell’s concern was not for the plat
of Arrowhead Beach property owners, rather
property owners on the west side of Hultman Road that might need to
place a septic system off-site. He
concluded since everyone on the west side of Hultman Road signed the petition,
they would have to work it out with their neighbors so he agreed to support the
petition.
Commissioner Shelton commented that a 15-foot road
was not a standard size road and with the property owners in favor of it, he
supported the vacation.
By unanimous motion, the Board approved
Resolution #C-81-01 (R-33-01) Order Vacating County Road known as
Hultman Road except the southerly 30 feet reserved for Arrowhead Road and the
northerly 20 feet reserved for the alley, upon payment of all costs by
principal petitioners.
[Final Order
of vacation to be presented by the County Engineer for the Board’s signature
once the conditions of vacation have been met.]
There being no further business to come before the
Board of Commissioners at this time, the Chairman adjourned the meeting at 2:45
p.m. to meet in Regular Session on Monday, July 9, 2001, at 9:30 a.m., Island
County Courthouse Annex, Coupeville.
BOARD OF COUNTY COMMISSIONERS ISLAND
COUNTY, WASHINGTON
__________________________________ William F. Thorn, Chairman
__________________________________ Wm.
L. McDowell, Member
__________________________________ Mike Shelton, Member
ATTEST:
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