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HomeMy WebLinkAboutPublic Works April 8 2008WHATCOM COUNTY COUNCIL Public Works and Safety Committee April 8, 2008 Committee Chair Barbara Brenner called the meeting to order at 1:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: L. Ward Nelson None Laurie Caskey- Schreiber Also Present: Sam Crawford COMMITTEE DISCUSSION 1. DISCUSSION REGARDING VACATIONS OF PUBLIC RIGHTS -OF -WAY (AB2008 -156) Dan Gibson, Prosecutor's Office, stated the Public Works Department is often asked by citizens about how they can clarify the status of the right -of -way that runs along their property. Typically, the right -of -way appears on paper, but no road has been opened. The County staff will ascertain the history of the right -of -way. It is usually a regular right -of- way that was not opened or a platted right -of -way before 1904 that was not open. If there is no indication the right -of -way was open, no one cares about the right -of -way, and there is alternative access, they can institute a quiet title action. It may be vacation by operation by law. Staff will examine the quiet title action to make sure no public interest is involved and no private interests are compromised. Then, the Public Works Department and the Executive's Office will sign an order to clear the title. Brenner stated the only question they should ask is whether anyone cares if they vacate the right -of -way for current or future purposes, such as stormwater detention. Gibson stated that's why they ask if the road was ever open. If it was, one would go through a standard vacation process. Brenner stated it's unlikely there is proof that something wasn't opened. Every other county looks at whether the person who wants the vacation can prove that it was never opened, rather than the County determining that it hasn't used the right -of -way. Gibson stated counties approach this in a variety of ways. The burden of proof lies with the citizen. Often roads were drawn on a map through terrain that can't have actual roads. Brenner stated rights -of -way aren't just roads. They can be used for stormwater detention and other things. Gibson stated the requests go through several staff to build the historical record, find out what is likely to happen, and see if anyone cares about it. He won't approve something that may produce a lawsuit. In this process, staff should avoid creating future problems and make decisions based on what is in the record. If the Council wants to see these requests as they come through, he doesn't have a problem with that. Brenner asked if Mr. Gibson could forward to her the title of the requests when he receives them. She would like to see these somehow as they come through. Public Works and Safety Committee, 4/8/2008, Page 1 Crawford asked Mr. Gibson to explain the quiet title process. Gibson stated attorneys will bring an action and ask the court to declare that the property belongs to the property owner. Even though the statute provides for vacation by operation of law, the citizen has the burden of proof that the right -of -way was never opened. Almost all the requests that he's dealt with are with those pre -1904 plats. He would be surprised if the Council wants to deal with these, but they can find the best way for Council to review these. The simplest thing is to send the Council a copy of a note he sends to the Executive and Public Works Department when he is close to finalizing a request. Caskey- Schreiber stated that copying the Council on this letter is fine with her. She trusts that the staff would come to the Council with any special situations. Crawford stated the issues are not all road vacations to the County. They are talking about pre -1904 cases to revert title back to the property owner. Gibson stated that's correct. Nelson stated he has no need to see these items. Brenner stated she would like to see them. Copy the letter to her. What they use public rights -of -way for in the future could be different from now. Certain areas could have implications for stormwater detention. Send the letter to the Clerk of the Council or to the Chair of the Public Works Committee. The quiet title action lets people know what has happened. She asked if neighbors are contacted through that process. Gibson stated neighbors aren't notified if they don't have a right that would be compromised. The staff is careful to note that they don't compromise any right to a private interest. Brenner asked who signs a quiet title action. Gibson stated it comes to him after it's filed with the court. He submits a notice of appearance and communicates with the Public Works Department and County Executive. They're fairly straightforward requests. All it truly requires is his signature on behalf of the County. Crawford asked why a person would be motivated to go through a quiet title action. It wouldn't add much property. Gibson stated (inaudible). Caskey- Schreiber stated it's for someone who wants peace of mind and control over their property. Brenner asked if the adverse possession laws affect this. Gibson stated they do. Brenner stated a fence would be a permanent structure because it would keep people from being able to use it. Gibson stated a fence (inaudible). It only works to extinguish private rights. The County often finds itself in the middle of these things often because of what happens over time. Throughout the county, there are thousands of feet or thousands of miles of unopened County right -of -way. People don't often come to the County for permission to use the right -of -way. People come to the County to request ownership because they have the right to it. They own the underlying fee interest property. As long as they don't interfere with the public's right of passage, (inaudible). Most people don't petition to get the right -of -way, but some do. Public Works and Safety Committee, 4/8/2008, Page 2 Jim Perkins, Public Works Department, stated he's trying to speed up County processes. Some of these requests go back to 2001 and have not been cleared. That's not excusable. He talked with County staff, and they decided it would easier for folks to go to their attorneys to institute a quiet title action. It would save time for everyone. If a request becomes an actual vacation, it will come before the Council. He also tried to speed up the process by the Council to consider it initially. If someone doesn't think it's worth considering, they can drop the process and refund the applicants fee. Crawford stated the County Council doesn't get many requests for vacations. Perkins stated he gets them all the time. He gets about one per week. Part of the problem is that the process is slow. There is a bit of a backlog he's working through. They are clearing up about six now. Most of those appear to fall under the old Territorial Act. In the future, the Council may see one per month or two. Nelson asked the areas of the county where most of the requests come from. Gibson stated they see a lot from Geneva and Drayton Harbor. Nelson stated there are a lot of rights -of -way in Maple Falls. He asked if the County has the rights -of -way of those old plat maps. Gibson stated they are mostly in backyards. Crawford stated they can look at old plat maps. There are hundreds. Perkins stated they don't look just at the old plat. They do a fair amount of research to make sure they know what they're talking about and something else hasn't happened in the meantime. There are thousands of these all over. Gibson stated that from time -to -time, especially in Birch Bay, an unopened right -of- way will lead to water. People don't like folks going through their yard to the water, and will ask to vacate that property. In those cases, the County turns down the requests. If the path leads directly to water, the County is prohibited by law from vacating the right -of -way. In many instances, the right -of -way will be on the way to the water but stop short of it. Nelson asked if the County is creating a right -of -way for the public when it grants public access to a property with open space tax designation. He asked if any indication of that goes on a map. Brenner stated the title says that public access is available. Perkins stated that unless they specifically outline an easement area, it won't be on a map. Gibson stated he's never seen anything like that. There may be a document that declares public access, but he's never seen anything that outlines a particular route. In instances where the public has not followed through on its declared intent to occupy properties, landowners can use the property as they will. OTHER BUSINESS There was no other business. Public Works and Safety Committee, 4/8/2008, Page 3 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 ADJOURN The meeting adjourned at 2:15 p.m. Jill Nixon, Minutes Transcri tion ATIp! C. see' j y •*ff- HaN65onc�FClerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barbara Brenner, Committee Chair Public Works and Safety Committee, 4/8/2008, Page 4