HomeMy WebLinkAboutCP0819 WSDOT Correspondence P",+.�u Z
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� 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
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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,
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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