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HomeMy WebLinkAbout07 0809 99 cx:.~ VJ.J7 tjlol9'l Pc.] . .' . ORDINANCE NO. 07-0809-99 Amending Ordinance No. 01-010296-96 Jefferson County Road Vacation Ordinance [The portions of the following sections shown bolded & italicized are to be added to the Jefferson County Road Vacation Ordinance. NO OTHER SECTIONS WILL BE MODIFIED] SECTION 2 DEFINITIONS COUNTY: Jefferson County, State of Washington COUNTY ROAD: A public right of way, which lies outside the limits of any incorporated city, and that has been dedicated to, deeded to, established by usage, maintained, or otherwise established by the county. Such county roads shall be classified as follows: Class A: Roads established, dedicated to, deeded to, or otherwise established by the County for which no public expenditures have been made in the acquisition, improvement, or maintenance of same Class B: Roads established, dedicated to, deeded to, or otherwise established by the County for which public expenditures have been made in the acquisition, improvement, or maintenance of same. Class C: Roads dedicated on a plat that was filed before March 12,1904 which remained unopened for public use for a period of five years after authority was granted for opening them. SECTION 4 ADMINISTRATION 4.10 APPLICATION: Petitions for Class A and Class B road vacations shall be submitted, along with fees as provided by the Board of County Commissioners, in writing to the Department of Public Works. The petition shall be signed by a majority of owners of the frontage of the road or portion thereof proposed to be vacated. The petition must show the land owned by each petitioner and set forth that such county road is useless as a part of the county road system and that the public will be benefited by its vacation and abandonment. All fees and costs described herein shall be paid prior to the vacation becoming effective. Subsection 4,80 of this Ordinance shall apply to the vacation of Class C roads; the remainder of Section 4 shall pertain to the vacation of Class A and Class Broads, 4,80 CLASS C ROAD VACATIONS: In accordance with Section 32, Ch, 19, p,603, Laws of 1889- 1890, roads classified as Class C Roads in this Ordinance are considered vacated by operation of law if they remained unopened for five years after authority was granted for opening them. Action of record is necessary, however, to remove any cloud to title remaining as a result of the County's recorded historical interest in the platted right of way, The principal petitioner shall submit an application for a Class C road vacation to the County Engineer or his/her designee, who shall determine when the application is complete and when the evidence submission requirements described below have been met, The application shall be accompanied by an application fee in an amount set by the Board of County Commissioners, Page 1 VOl ')5 6'] t:. rM,;' 'u3 The petitioner shall have the burden of showing that the road or right of way was dedicated on a plat filed before March 14, 1904, and remained unopened for a period of five years following dedication in the plat, Such evidence shall be in the form of sworn and notarized affidavits or duly certified public documents, Additionally, the petitioner shall present proof that all current property owners abutting the right of way have been notified of the vacation request. For purposes of this requirement, "abutting property owners" include owners abutting each end of the platted right of way, as well as owners along the length of the right of way, The County Engineer shall investigate the status of the Class C road, and shall report in writing to the Board of Commissioners as to whether, in the Engineer's opinion, the right of way was ever open for public use during the applicable statutory period, The Board of County Commissioners shall examine the evidence presented and shall make a final determination as to whether, during the time Section 32, Ch. 19, P. 603, Laws of 1889-1890 was in effect, the County was divested of its interest by operation of law, APPROVED and signed this <t ~ay of ~ 1999, JEFFERSON COUNTY BO OF COMMISSIONERS , - Lorna L. Delaney Clerk of the Board Page 2 VOL 25 rM,:ô94