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HomeMy WebLinkAboutCP0819 WSDOT Correspondence P",+.�u Z � � Washington State Transportatlon Building Department of Yransportation 310 Maple Park Avenue S.E. Paula J. Hammond, P.E. P.o.eox 47300 Secretary of Transportation Olympia,WA 98504-7300 Jul 31, 2009 sso-�os-�000 }' TTY: 1-800-833-6388 www.wsdot.wa.gov . Dennis Dowdy Public Works Director R E C E I V E D City of Auburn 25 West Main Street Aubun,,WA 98001 AU6 5 2009 RE: Peasely Canyon Road Right of Way p Clry of Aubuxn Project#CP0819, Peasley Canyon Road Culvert Improveme�Jb�C WORICS DEPANfMEM ( Deaz Mr. Do�d �� This correspondence is in response to your letter of June 22, 2009, regazding Peasley Canyon Road (PCR) right of way ownership and maintenance responsibIlities. After extensive reseazch, we have concluded that the PCR is owned by the City of Anburn and the City is s.olely responsible for its maintenance, including the culverts at issue based upon the following analysis: Back¢round: WSDOT purchased additional right of way for its SR 18/SR 167 interchange project and had intended to relocate PCR as part of that project,but the project is yet to be constructed and the PCR was not relocated. Therefore, PCR is cunenfly located within the unconstructed limited access right of way limits of SR 18. Analysis: RCW 47.52.210(1) states that when a limited access highway plan is adopted and will be constmcted within a city which will incorporate existing city streets, "tide to such streets shall remain in the city or town and the provisions of RCW 47.24.020...sha11 continue to apply to such streets until such time that the highway is operated as either a partially or fully controlled access highway. Title to and full control over that portion of the city or town street incorporated into the limited access highway shall be vested in the state upon a declazation by the secretary of transportation that such highway is operational as a limited access facility,... not later than the final completion of consuuction of such highway." This statutory provision recognizes that state limited access plans may not be constructed for yeazs;therefore, the City's street right of way that eventually wIll be incorporated at some future date must be maintained until the limited access highway is actually constructed. In fact, the legislature requires that title to the street right of way remains in the city until title transfers to the state when the limited access highway is later constructed. In other words, Peasely Canyon Road is treated in a similaz fashion as if it crossed SR 18, rather than pazalleling it. PCR, although technically occupying the same space as the limited access right of way, does not form part of the limited access state highway. t� � Dowdy,Dennis Peasely Canyon Road Right of Way Project#CP0819;Peasley Canyon Road Culvert Improvements July 31,2009 Therefore, the City of Auburn is solely liable for the maintenance of Peasely Canyon Road, including the culverts at issue. Please feel free to call me at 360.705.7871 if you have any qdestions or wncems. Sincerely, ���� ) Kathleen B. Davis Directar Highways and Local Progracns Division cc; Ed Conyers,Northwest Region Local Programs Engineer, MS NB82-121 Dave McCormick,Northwest Region Maiatenance,MS NB82-119 '� Ramin Pazooki; Northwest Region Planner; MS NB82-240