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Home My WebLink About069 01 T:C: 1X."D ?i) \ftc6 . t\S-S¿S5. :Aw:\ . STATE OF WASHINGTON County of Jefferson In the matter of readopting and reaffirming ) Resolution #71-00, which recognized ) the occurrence of a vacation by ) operation of law, pursuant to the non-user ) statute, certain right of way portions ) of the Eisenbeis Bay View Addition Plat ) in Glen Cove ) Resolution No. 6 g -.01 WHEREAS, in August 2000 the Jefferson County Commissioners were requested by Marie Campanoli and Mark Hering, property owners in Glen Cove, to formally recognize and acknowledge that any rights or privileges the public might have held in certain rights-of-way platted in the Eisenbeis Bay View Addition Plat (located in Glen Cove) had been automatically extinguished in 1895 by operation of law, thus making the rights-of-way Class "c" rights-of- ways according to the County's Ordinances on street vacations; and, WHEREAS, that request from Ms, Campanoli and Mr. Hering came to the County staff (and eventually to the County Commissioners) in the form of a "Petition for Statutory Vacation;" and, WHEREAS, since the County staff and the County Commissioners found and concluded that the "Petition for Statutory Vacation" was complete and in order, the County thus formally recognized the automatic extinguishment of any public interest in certain real property located in Glen Cove by reviewing, adopting and executing Resolution #71-00; and WHEREAS, Russell Trask, another property owner in Glen Cove, challenged the effectiveness of Resolution #71-00 with a lawsuit in Superior Court, stating that he did not receive notice that such a Resolution might be adopted by the County Commissioners although he should have received such notice; and WHEREAS, Rusell Trask was successful in his Superior Court lawsuit, which ended with the Superior Court Judge ordering another public hearing to be held with respect to Resolution #71-00 AND requiring that Russell Trask get notice of this public hearing; and WHEREAS, the public hearing mandated by the signed Order of the Superior Court was held on August 15, 2001 after proper notice to Mr. Trask and other property owners by mail and separate notification by publication of a notice in the Jefferson County-Port Townsend Leader; and WHEREAS, the public hearing was held so that an interested person or persons could provide evidence that the rights-of-way that were included as part of the "Petition for Statutory Vacation" were wrongly deemed to be Class "c" rights-of-way; and WHEREAS, there was no evidence presented at the August 15, 2001 public hearing that the rights-of-way to be vacated were anything but Class "c" rights-of-way; and Resolution No. Rq-nl Readopting and Reaffirming Resolution No. 71-00 Page 2 WHEREAS, neither the Petitioners nor the County have discovered any evidence that would change the initial conclusion of the County's Public Works Department (and the Petitioners) that the rights-of-way which are the subject of this "Petition for Statutory Vacation" are anything but Class "C" rights-of-way; and WHEREAS, the County Commissioners have been provided with no information, facts or evidence that would lead them to reach a different conclusion than they did before, i.e., that Resolution #71-00, because it is supported by the available evidence, should be adopted and executed; and WHEREAS, the County Commissioners desire to readopt and reaffirm Resolution #71- 00, which was recently struck down by the Order of the Superior Court. NOW, THEREFORE, BE IT RESOL VED, by the Jefferson County Commissioners as follows: 1. Resolution #71-00, acknowledging and recognizing that a so-called 'statutory vacation' has occurred automatically and by operation of law with respect to certain portions of Charles Street, Julian Street and the alley way located within Lot 22 of the plat known as the Eisenbeis Bay View Addition, be and is hereby reaffirmed and readopted, 2. Utility rights, private easements, or other rights or interests may still exist. APPROVED AND ADOPTED this JJ:Jlday of _It-::l ' 2001. , , " JEFFERSON OUNTY 4~ (; .' <~~i>~\ BOARD OF COMMISSIONERS ':~~; " I j, "--\-'- - \, -~ .. "I,~ '*"\ ..: .. ' 0 ~ ~ ,.- I' - ',' . _ # ~A>P ,.. 4(. ,. I .: t) ~~\.-~ ,..J.. "",. i' . ATTEST:5 ~ 'I ~~~~~~ Clerk of the Board Dan Titterness, Member ~ Richard Wojt, Member GL: f.w. ~. ~ .1.7; 1IIIImUIIIII ::i~~71~v. J.rr.rlon Cou'Ih, WA JEFnRSON COUNTY PUB RESO I.M STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of x Resolution No, 71-00 The Statutory Vacation of x A Portion of Cbarl~ A venue & Julian Street with alley Block 22 x in the Plat of Eisenbeis Bav View Addition x WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by Mark Herin!! & Marie Camuanoli ; and WHEREAS, real property was dedicated to Jefferson County for road purposes in an instrument recorded April 4. 1890 and filed with the Jefferson County Auditor at Page ~ Volume 1 of Plats; and WHEREAS, Jefferson County has not opened the following described right of way for public use for road purposes within five (5) years of obtaining an interest in the real property for road purposes: AU that portion of the alley louted in Block 22 adjoining Lots 1-6, and 7-12 (approximately 10 feet by 300 feet); All that portion of Julian Street adjoining Block 22 (approximately 30 feet by 209 feet); An that portion of Charles A venue lying between and adjoining BlocK}2 and Block 35 (approximately 60 feet by ~~; . The Plat of Eisenbeis Bay View Addition WHEREAS, the above-described road was vacated by operation of law and the County divested of its interest before the 1909 amendment, Laws of 1909, Chapter 90, Section 1, became effective, which exempted from vacation by operation of law certain lands dedicated for road purposes; and WHEREAS, the Jefferson County Board of Commissioners desires to remove this cloud on title to the real property; NOW, TIIEREFORE BE IT RESOLVED that the dedicated platted road more particularly described above has been vacated by operation of law and Jefferson County asserts no claim of interest for public road purposes in them. Utili1y rights, private easements, or oth¡rights or interests may ~tiU exist. / ADOPTED THIS 7"""- DAY OF ~ / - .~ J " ~ t . ,', '., ~ ,'4 " SEAL: . .. , n . ~ A TIEST: ... . . ... .- , l tx ~,¡'L5U{ t4.{14..(..~(,.(-4 Dan Harpole, Member -..-...- Please publish one time: Wednesday, July 25, 2001 Bill: Jefferson County Commissioners P.O. Box 1220 Port Townsend, W A 98368 NOTICE OF PUBLIC HEARING REGARDING STATUTORY VACATION PLEASE TAKE NOTICE that the Jefferson County Commissioners will hold a public hearing at 10 AM on Wednesday, August 15, 2001 in the Lower Level Conference Room of the Jefferson County Court House, Port Townsend, WA to reconsider a Petition for Statutory Vacation filed in July 2000 by Mark Hering and Marie Campanoli regarding certain parcels of land located in the Eisenbeis Bay View Addition Plat, and more specifically outlined in the Petition of Mr. Hering and Ms. Campanoli, said Hearing béing ordered by the Superior Court in and for Jefferson County, The County Commissioners are authorized to take a final action on that date with respect to the Petition for Statutory Vacation. .)1 ~ ,0) .1 ,J- Department of Public Works Hearing Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Charles C. Saddler, County Administrator Frank Gifford, Public Works Director :;¡~b To: Agenda Date: August 15, 2001 Subject: Engineers Report in support of Statutory Road Vacation Resolution No. 71-00, in reference to portions of Julian Street, Charles Avenue, and portion of Alley Block 22, Plat of Eisenbeis Bay View Addition; Hering/ Camanoli, Petitioners Description: A Report further addressing the Department of Public Works research and findings with respect to Resolution No. 71-00 in conjuntion with an additional hearing ordered by the Superior Court to provide Plaintiff Russell Trask the opportunity to be heard before the Jefferson County Board of County Commissioners, Said Resolution No, 71- 00 recognized a Statutory Road Vacation, pursuant to a petition submitted by Hering/Camanoli within the Plat of Eisenbeis Bay View Addition, further described in the attached Resolution, Statement of Issue: The streets requested in the petition were dedicated in the Plat of Eisenbeis Bay View Addition on April 4, 1890. Therefore, they fall under the Class C section of the Road Vacation Ordinance and the request was processed accordingly.. Russell Trask has filed a civil lawsuit against this County alleging that Jefferson County should not have adopted Resolution No. 71-00 acknowledging the statutory vacation proven by Mr.. Hering and Ms. Campanoli because Hering and Campanoli did not properly notify every property owner entitled to know that they were seeking to obtain a statutory vacation from the elected County Commissioners, The County specifically does not acknowledge that the procedure, documents or actions taken by Hering and Campanoli or any County employee during the process that led to the adoption of Resolution No. 71-00 were in any way deficient, improper, unlawful or served to deprive Plaintiff Trask of any rights or privileges he might hold as a property owner inside the Plat, ,---- Department of Public Works Hearing Agenda Page 2 of 2 Plaintiff Trask brought the matter before the Jefferson County Superior Court wherein the Judge ruled that the plaintiff was entitled to notification regarding Julian Street and therefore an additional Hearing was scheduled for August 15, 2001 with published notification. Further written notification to property owners was undertaken by the petitioners, Hering / Campanoli. Analysis: Neither the Petitioners nor the Department of Public Works have uncovered any additional evidence that Julian Street was opened to the public use between April 3, 1890 and April 3, 1895. The property owners within the subject area will have another opportunity to prove that Julian Street was opened or not within the above- described timeframe following the Superior Courts instruction, during the hearing scheduled August 15, 2001. The Jefferson County Board of County Commissioners will then have another occasion to review all the evidence in order to further determine if the County was divested of its interest in the subject rights of way by operation of law, Laws of 1889-1890, Chapter 19, Section 32, Alternatives: None known. Fiscal Impact: Not available at this time. Revenue Budget Line: Expenditure Budget Line: Future Budget Impact: N/A N/A N/A Amount: Amount: N/A N/A Recommendation: Based on the information available, the Department of Public Works suggests that the subject area was vacated by operation of law and the County divested of its interest under the laws of 1889-1890, Chapter 19, Section 32, before the 1909 amendment, Laws of 1909, Chapter 90, Section 1, and further recommends that the Board of County Commissioners acknowledge this action and uphold and reaffirm Resolution 71-00 as adopted August 7, 2000. The County Commissioners would reaffirm Resolution 71-00 by adopting a Resolution so stating. Reviewed By: k ~ &AL 'ß~ Charles C. Saddler, County Administrator JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington St. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director Robert G, Turpin, P.E., County Engineer MEMORANDUM TO: Board of County Commissioners Robert G. Turpin, P.E., County Engineer, þ...::J FROM: DATE: August 7, 2001 SUBJECT: Engineer's Report on Request to Vacate a portion of Charles Avenue, Julian Street and the alley lying in Block 22, Plat of Eisenbeis Bay View Addition adioining the Petitioners real property; Mark Hering & Marie Campanoli, Petitioners. In accordance with Ch 36.87.040 RCW, I have examined the platted right of way, described as follows: All that portion of the alley located in Block 22 adjoining Lots 1-6, and 7-12 (approximately 10 feet by 300 feet) that adjoins the petitioner's real property; All that portion of Julian Street adjoining Block 22 (approximately 30 feet by 209 feet) that adjoins the petitioner's real property; All that portion of Charles Avenue lying between and adjoining Block 22 and Block 35 (approximately 60 feet by 300 feet) that adjoins the petitioner's real property; A portion of platted Eisenbeis Bay View Addition, Volume~, Page 54 of Plats, records of Jefferson County, Washington. and as petitioned by Mark Hering & Marie Campanoli for statutory vacation, and herewith submit the following report thereon: 1. The streets were platted on April 3, 1890, recorded April 4, 1890 in the Plat of Eisenbeis Bay View Addition and therefore qualify for the Class C status, as defined under Section 2 of the Road Vacation Ordinance No. 07-0809-99. 2. T he subject right of ways were never opened for public use within five (5) years of the date of platting based on the best information currently available through the Department of Public Works. Therefore, for the reasons stated above, the Department of Public Works suggests that the subject area was vacated by operation oflaw and the County divested of its interest under the laws of 1889-1890, Chapter 19, Section 32, before the 1909 amendment, Laws of 1909, Chapter 90, Section 1, and further recommends that the Board of County Commissioners acknowledge this action and uphold Resolution 71-00 as adopted August 7, 2000. 100% Recycled Paper JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS P.O. Box 2070 1322 Washington 81. Port Townsend, WA 98368 (360) 385-9160 Frank Gifford, Public Works Director Robert G. Turpin, PE., County Engineer MEMORANDUM DATE: August 7,2001 TO: SUBJECT: Robert G. Turpin, P.E., County Engineer J/k Will Butterfield/lLO Right of Way Representative Synopsis of right of way research for Julian Street: FROM: JULIAN STREET County Road No. 693113 Length .05 Miles, Intersect Fredrick Street County Road No. 693419 at M.P. 0,22 right. The public portion of Julian Street terminates at Bay View Street, County Road No. 693219. The earliest road log information indicate that the origin of Julian began as the Fredrick Street extension and paved from the Fredrick Street intersection along the platted portion of Julian Street approximately 264 feet to the Bulk Plant at the intersection of Bay view Street, around 1978-1980, Project No. 448. No road file has been established. No microfiche information is available. No documentation for road establishment found. PLAT OF EISENBEIS BAY VIEW ADDITION: Legal Description: Plat of Eisenbeis Bay View Addition located in that part of the Clinger Donation Claim situated in the S1I2 ofthe SW1I4 of Section 16 and that part of the SE1I4 of the SE1I4 of Section 17, both of Township 30 North, Range 1 West, W.M. described as follows: Beginning at the SW Comer of the Clinger donation Claim, Thence North 1334.3 Feet; Thence East 2595.5 Feet; Thence South 133.4 Feet; Thence West 2602.9 Feet to the place of beginning. Plat of Eisenbeis Bay View Addition dedicated April 3, 1890, Recorded April 4, 1890, in Volume 2, Page 54 of Plats, records of Jefferson County as evidenced on the face of the Plat document. 100% Recycled Paper _.~--- Plat Qualification Determination: Definition of Class C roads per Section 2 of the Road Vacation Ordinance 07-0809-99 states the following: 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. Therefore, given the date of dedication and recording preceded March 12, 1904, the roads within said plat meet the qualification of Class C road status. Historic Research: The 1915 Historic Road Map book is the earliest depiction of all territorial roads that were part of the County Road system. These maps consist of plats/surveys of existing county roads per Section, Township and Range. The earliest indication of any roads within the subject area according to the 1915 road maps show a portion of the Pt. Townsend-Pt. Ludlow road also called Ohmans to Bishop Cut-off and designated as No. 13, Plat Book No.1, page 18, year of 1884. The next reference is Road No. 13A known as the Pt. Townsend-Chimacum, Plat Book No.1, Page 58, year of 1889. This road description holds until the 1915 version ofthe Pt. Townsend-Chimacum Road, which on the 1915 version includes delineation of the Pt. Townsend water line relative to Section 16, T30 North, Range 1 West. Given the delineation of these historic road locations with the Pt. Townsend water line location we can determine that these earliest road locations are not within the subject area of Julian Street. In 1889, the Port Townsend-Chimacum Road lies westerly of the subject property. In 1915 the Port Townsend-Chimacum Road lies westerly ofPt. Townsend Water line, which, in turn, lies westerly of the area for Julian Street along the south line of the subj ect section. The Department of Public Works further verified with Jefferson Title that no records exist showing Julian Street within that portion of Section 16. Therefore, based on the historic information available from Plat Book No.1, the 1915 Road Map Book and verification regarding the lack of any public records through the Title Company our conclusion is that the County had never constructed or opened a road in the platted right of way of Julian Street within 5 years ofthe recorded dedication of the PLAT OF EISENBEIS BAY VIEW ADDITION, recorded April 4, 1890, in Volume 2, Page 54 of Plats, records of Jefferson County. Conclusion: The Department of Public Works has determined that the subject roads as petitioned for statutory vacation, qualify for the Class C designation by virtue of the fact that the plat of Eisenbeis Bay View Addition to the city of Port Townsend was dedicated April 3, 1890, Recorded April 4, 1890, in Volume 2, Page 54 of Plats, records of)efferson County, prior to March 12, 1904. Whether or not the subject right of way is vacated by operation oflaw is clearly a question of fact. The road was either opened or not within the requisite period of time. The Department of Public Works found no evidence that the County established a public road on that portion of Julian Street, Charles Street or the alley in Block 22 as described in the petition, from 1890 to 1895. The information reviewed included current road log information, the 1915 Road Map and the plat descriptions of territorial roads in the vicinity of the subject plat. In 1890, the State Legislature passed the following statute: Any county road, or part thereof, which has heretofore been or may hereafter be authorized, which remains unopen for public use for a space of five years after the order is made or authority granted for opening the same, shall be, and the same is hereby vacated, and the authority for building the same barred by lapse of time. Laws of 1889-1890, Chapter 19, Section 32. Thus, in the absence of any proof that Julian Street, Charles Street or the alley within Block 22 of the Eisenbeis Bay View Addition Plat were dedicated or opened to the public or accepted by Jefferson County prior to a date five years after the recording ofthe applicable plat with the County Auditor, i.e., April 3, 1895, the statutory vacation of those regions has occurred and did occur pursuant to Chapter 19, Section 32 of the Laws of 1889-1890 and should be formally recognized by the elected Jefferson County Commissioners. 21 22 23 24 25 '" nre(cIE~WIE ~ ~ JUL 2 3 2001 3 JEFFERSON COUNTY I PUBLIC WORKS OEPT 4 5 6 SUPERIOR CO 7 RUSSELL 1. TRASK, 8 Plaintiff, i'Ir"'"p.... ~.. ."..."",., ~'o '¡ .~ ".,.., i" ,~,~_ L: f.~J Hearing Date: July 20, 2001 OJ JUt 20 At: 1l: 06 JE:;:¡:FPsr'~f_"""\, _", "1 ~ !:II ~ t·"w.-,..· .,'~ · \,.."UN I J f~"T\ ~'ì:(1C 'tf A r 'r...··, t'" "" ... ~- c... oJ, '-'L¡;,i?~ l!Y ------.. D[¡{ r, Cl £,1 i( DRT OF WASHINGTON FOR JEFFERSON COUNTY NO. 00-2-00269-5 fP..FOPOS~ ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JT.JDGMENT AND DENYING JEFFERSON COUNTY'S MOTION FOR SUMMARY JUDGMENT OF DISMISSAL 9 v. 10 COUNTY OF JEFFERSON, a municipal corporation; NORMAN AND JANE DOE 11 SATHER, husband and wife; MARIE AND JOHN DOE CAMP ANOLI, husband and wife; 12 and MARK HERING AND JANE DOE HERING, husband and wife; 13 14 15 Defendants. THIS MATTER having come on regularly before the undersigned jUdge of the above entitled Court On Plaintiffs Motion for Summary Judgment and Defendant Jefferson County's Motion for Summary Judgment of Dismissal, the parties being represented by counsel, and the Court having reviewed the fOlJow;ng pleadings submitted in support of and in opposition to those motions, 16 17 18 19 20 1. Memorandum of Law in Support of Motion for Summary Judgment Brought by Defendant Jefferson County; 2. Affidavit of David Alvarez in Support ofMotiou for Summary Judgment Brought by Defendant Jefferson County; 3. Affidavit ofWilJ Butterfield in Support of Motion for Summary Judgment Brought by Defendant Jefferson County; ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING COUNTY'S MOTION FOR SUMMARY JUDGMENT_ 1 1201427.1 Williams, Kastner & Gibbs PLLC Two Union Square. Suite 4100 Mail Address: P.O. Box 2] 926 Seattle, Washington 98 ¡ ¡ ¡ -3926 (206) 628-6600 - ~16 ~ 17 18 19 21 ~ ~ 23 1 2 3 4 5 6 4. Plaintiffs Motion for Summary Judgment with attachments: Defendant Jefferson County's Answers to the Plaintiffs First Set of Requests for Admissions (sic), Plaintiff s First Set of Requests for Admission to Defendant Jefferson County, and Memorandum Opinion on Cross Motion for Summary Judgment; 5. Declaration of Russell J. Trask; 6. Declaration of Glen Neet; 7. Declaration of Bud Hey; 7 8. Memorandum of Defendants Hering and Campanoli in Opposition to Plaintiffs Motion for Summary Judgment; 8 9. 9 Judgment; 10 10. Judgment; 11 Declaration of Malcom Harris in Opposition to Plaintiffs Motion for Summary Declaration of Mark Hering in Opposition to Plaintiffs Motion for Summary 12 11. Plaintiff s Reply to Defendants' Hering and C amp anoli ' s Response to Plaintiff s Motion for Summary Judgment and Reply to County's Summary Judgment Motion 13 14 15 12. Declaration of Gordon Papritz 13. Supplemental Declaration of Russell J. Trask (07/13/01) 14. ø.p.k,~~ 1({"ML;;+l (k( [Oíj(1!OI) 15. ~~" ~~ 4<. J #þ ~ /J. P... /J.. ~ ~~~;thJ . .,~~ together with the records and files herein, and eing fully apprised in the premises, ow, therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs Moti<}Il f9r tfo-t. 1Þ-~ µ /1'r- 7~ ~ ~~ s~m~~~~~ and that Jefferson County Resolution No. 71-00 is d~clared to be invalid and its effect is null and void; ~ ^ ~~~~~µ 24 20 25 ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING COUNTY'S MOTION FOR SUMMARY JUDGMENT- 2 1201427.1 Williams. Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address; P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1 ~\'y ~)r'2 ~ 3 4 5 6 7 8 9 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that adoption of Resolution No, 71-00 did not affect any pri'.:ate ~asemeJ}t rj.ghts across Julian Street) ~ . -tt-e ~__~~r-~ ~~ ~ ~~«A-,7Lð DONE IN OPEN COURT 91?A)/Ò r . .p¡c/:sr-..-A..t.- If__, I rt:-?ß ~ /ü:::J PRESENTED BY: 10 ~ 14 15 16 17 By ~ þí. a1co 1m S. Harris 18 t'WSBA #4710 11 Attorneys for Plaintiff Russell J. Trask COPY RECENED; APPROVED AS TO FORM; NOTICE OF PRESENTATION WANED: HARRIS, MERICLE & W AKA Y AMA PLLC 19 Attorneys for Defendants Hering and Campanoli 20 PROSECUTING ATTORNEY FOR 21 JEFFERSON COUNTY :: Byil~Al~' ~\ 24 WSBA #29194 25 ~ /~J ~ ~ /Ü/7~ ~~ée ~ 1Z.r:2 /7 jLt1 d ~S- ~ ~L.øG· ~~ ~ ~r~~ r S-~7 ~~ ~þ~~ ~~74~ ~'~Ç4.~ ~?~ ~¡;C/¿ (1; ~~A~r' tv ÆJò-h~ W~ ~M4Ao~ 07- o~tJ( -11.. ORDER GRANTING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING COUNTY'S MOTION FOR SUMMARY JUDGMENT- 3 /201427.1 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O, Box 21926 Seattle, Washington 98 ¡ ¡ 1-3926 (206) 628-6600 PETITION FOR STATUTORY VACATION OF A JEFFERSON COUNTY ROAD Principal Petitioner: Mark Hering & Marie Campanoli Authorized Representative: (Attach signed and notarized authorization} Mailin2: Address: P.O. Box 539 Port Townsend, W A 98368 Telephone: Home: (360) 379-3400 Business: (360) 385-4980 X104 Request TO: The Board of County Commissioners of Jefferson County, Washington: We, the undersigned, being the owners of property adjoining the road as described in the following request, do hereby respectfully petition the Jefferson County Board of Commissioners for vacation of the following described road in Jefferson County (include in the description the length and width of right of way to be vacated): All that portion of the alley located in Block 22 adjoining Lots 1-6, and 7-12 (approximately 10 feet by 300 feet); All that portion of Julian Stree~ adjoining Block 22 (approximately 30 feet by 209 feet); < All that portion of Charles Avenue lying between and adjoining Block 22 and Block 35 (approximately 60 feef by 300 feet); - All areas requested to be vacated adjoin the principal petioners property located in the Plat of Eisenbeis Bav View Addition. The reason for requesting the vacation is: There has never been a road constructed on this right-of-way since it was platted on April 4, 1890. Therefore, a statutory vacation is requested. PETITIONERS NOTE: Owners of a majority of ITontage of the platted road area to be vacated must sign this petition. INCLUDE PARCEL NUMBERS OF PROPERTIES. NAME (SIGN & PRINT below) PROPERTY DESCRIPTION (from tax statement; INCLUDE PARCEL NUMBER) (principal petitioner) I \. E.ICSE.NBE.15 "BA'i \HEW a1a.JLO. ¢:I~ &.I!. 2.2. '-"1"5 I ìl!1!.0 I z.. A R..¡ CJ'itõ ~O'2.. 2.03 4'è'-:,O'Z.:Z.O 2- 2....1{~ l.oIo. ~ tilt. q Lot' I. 1..~ I ¡OJ I~ 12 _~AI2.\E- LAM ANOL\ MAILING ADDRESS p.o. BOX 5~9 i q~ 3...................... 4...................... 5.......... ............ 6...................... 7...................... 8..... ................. Acknowledgment The vrinciual petitioner herebv aclazowledges that the petitioner must uresent proof that the road or right of wav remained unopened for a period of(ìve (5) vears followinr¿: dedication in the vla!. SUCH PROOF SHALL BE PRESENTED AT THE TIME THE PETITION IS SUBMIITED TO ÆFFERSON COUNTY. The principal petitioner recoçrnizes that the acknowledgment bv Jefferson County of the vacation is not a guarantee of clear title. but is intended to produce evidence of the lack of ownershiu interest by Jefferson County. 7/2.fcloo , Datb ~" 0/V VI OTTO J: "'1 C 6"9 ~C "-. (\ J ---> ---> ~ ...... N "& ---> N '" ... .y: OJ ~ (j) a> ---> '" '" N N ...... ---> 0 ... N 0 CD --1 u. '" ---> 0 '" » :::D 0 0 ... '" ---> OJ ... LN a> < ...... fTl 0 0 LN OJ LN 0 a> '" 0 '" ... '" ... ~ rrl '" OJ fTl 0 '" Z N --1 -+>- '" CD '" -+>- to ~ -+>- ... OJ C '" 0 '" rrl co 0 (Jl (Jl (Jl " '" co '" ... ... OJ CD a> a> '" '" ... -...j 0 ()J 0 -...j948ð02302 948602302 0 '" ()J ()J '" '" ... ... 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(c>r dV¿,,IIrN S'r / / / / / w' GASTF!ELD 427.10 001164016 SHORT I LOT 2 (LESS R/W) 1 001164018 ENLG TAX 62 1 1.22 LOT 3 a. l,'jq /1 TAX 62 (1, '" ... 1 ----- shall proceed to consider the report of the engineer, together with any ev;dence for or objection against such \6cation and abandonment. If the county road is found useful as a part of the county road system it shall not be \6cated, but if it is not useful and the public will be benefited by the \6cation, the county legislati\e authority may \6cate the road or any portion thereof. Its decision shall be entered in the minutes of the hearing. ::' ~ . 'if 1 ¡ ()7 0 -....' (2) As an altematiw, the county legislatiw authority may appoint a hearing officer to conduct a public hearing to consider the report of the engineer and to take testimony and ev;dence relating to the proposed \6cation. Following the hearing, the hearing officer shall prepare a record of the proceedings and a recommendation to the county legislati\e authority conceming the proposed \6cation. Their decision shall be made at a regular or special public meeting of the county legislati\e authority. [1985 c 369 § 5; 1963 c 4 § 36.87.060. Prior: 1937 c 187 § 51, part; RRS § 6450-51, part.] ----------- ----------- RCW 36.87.070 Expense of proceeding. --... RCW 36.87.080 Majority \Ote required. If the county legislati\e authority has required the petitioners to make a cash deposit or fumish a bond, upon completion of the hearing, it shall certify all costs and expenses incurred in the proceedings to the county treasurer and, regardless of its final decision, the county legislati\e authority shall recowr all such costs and expenses from the bond or cash deposit and release any balance to the petitioners. [1985 c 369 § 6; 1963 c 4 § 36.87.070. Prior. 1937 c 187 § 51, part; RRS § 6450-51, part.] ------- ------- No county road shall be \6cated and abandoned except by majority \Ote of the board properly entered, or by operation of law, or judgment of a court of competent jurisdiction, [1969 ex.s. c 185 § 2; 1963 c 4 § 36.87.080. Prior. 1937 c 187 § 51, part; RRS § 6450-51, part.] ---- RCW ~..:.W.090 Vacation of road unopened for fi\e years - Exceptions. ~ ---' 3 &. ,Zs 1 I (/ c¡ 0 Any county road, or part thereof, which remains unopen for public use for a period of fiw years after the order is made or authority granted for opening it, shall be thereby \6cated, and the authority for building it barred by lapse of time: PROVIDED, That this section shall not apply to any - - -~ ~ highway, road, street, alley, or other public place dedicated as such in any plat, whether the land included in such plat is withirïõr withoufthe !Ìmits of an incorporated city or town, or to any land conwyed by deed to the state or to any county, city or town for highways, roads, streets, alleys, or other public places. [1963 c 4 § 36.87.090, Prior. 1937 c 187 § 52; RRS § 6450-52.] ------ ------ RCW 36,87.100 Classification of roads for which public expenditures made - Compensat'on of county. Wednesday, August 23, 2000 America Online: Tlctrk Page: B Any board of county commissioners may, by ordinance, classify all county roads for which public expenditures were made in the acquisition, impro...ement or maintenance of the same, according to the type and amount of expenditures made and the nature of the county's property interest in the road; and may require persons benefiting from the vacation of county roads within some or all of the said classes to compensate the county as a condition precedent to the vacation thereof. [1969 ex.s. c 185 § 4.] ---- RCW 36.87.110 Classification of roads for which no pUblic expenditures made - Compensation of county. Any board of county commissioners may I by ordinance, separately classify county roads for which no public expenditures ha...e been made in the acquisition, impro...ement or maintenance of the same, according to the nature of the county's property interest in the road; and may require persons benefiting from the vacation of county roads within some or all of the said classes to compensate the county as a condition precedent to the vacation thereof. [1969 ex.s. c 185 § 5.] -------- -------- RCW 36.87.120 Appraised value as basis for compensation - Appraisal costs. Any ordinance adopted pursuant to this chapter may require that compensation for the vacation of county roads within particular classes shall equal all or a percentage of the appraised \elue of the vacated road as of the effecti...e date of the \ecation. Costs of county appraisals of roads pursuant to such ordinances shall be deemed expenses incurred in vacation proceedings, and shall be paid in the manner provided by RCW 36.87.070. [1969 ex,s. c 185 § 6.] ----- RCW 36.87.130 Vacation of roads abutting bodies of water prohibited unless for public purposes or industrial use. No county shall vacate a county road or part thereof which abuts on a body of salt or fresh water unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses, [1969 ex.s. c 185 § 7.] -------------------------------------------- -------------------------------------------- RCW 36.87.140 Retention of easement for public utilities and seNces. Whene\er a county road or any portion thereof is vacated the legislati...e body may include in the resolution authorizing the vacation a provision that the county retain an easement in respect to the vacated land for the construction, repair, and maintenance of public utilities and seNces which at the time the resolution is adopted are authorized or are physically located on a portion of the land being vacated: PROVIDED, That the legislati...e body shall not con...ey such easement to any public utility or other entity or person but may con...ey a permit or franchise to a public utility to effectuate the intent of this section. The term "public Wednesday. August 23, 2000 America Online: Tlctrk Page: 9 utility" as used in this section shall include utilities owned, operated, or maintained by e~ry gas company, electrical company, telephone company, telegraph company, and water company whether or not such company is privately owned or owned by a go~mmental entity. [1975 c 22 § 1.] ------- ------- RCW 36.87,900 Se~rability - 1969 ex.s. c 185. If any pro'o1sion of this act, or its application to any person, property or road is held invalid, the validity of the remainder of the act, or the application of the pro'o1sion to other persons, property or roads shall not be affected. [1969 ex.s. c 185 § 8.] -------------------------------------------------------------------------- -------------------------------------------------------------------------- Headers Retum-Path: <tahuya@tscnet.com> Recei~d: from rly-yh04.mx.aol.com (rly-yh04.mail.aol.com [172.18.147.36]) by air-yh03.mail.aol.com (v75_b3.11) with ESMTP; Wed, 23 Aug 2000 03:08:46 2000 Recei\ed: from maiLtscnet.net (maiLtscnet.net [208,49.8.7]) by rly-yh04.mx.aol.com (v75_b3.9) with ESMTP; Wed, 23 Aug 200003:07:46 -0400 Recei\ed: from tahuya (cen-18-228.tscnet.net [208.49.8.228]) by maiLtscnet.net (8.9.3/8.9.3) with ESMTP id AAA03010 for <l1ctrk@aol.com>; Wed, 23 Aug 2000 00:04:59 -0700 Message-Id: <200oo8230704,AAA0301 O@mail. tscnet. net> Reply-To: <@tscnet.com> From: "Distant Blunder" <tahuya@tscnet.com> To: <l1ctrk@aol.com> Subject: Boilerplate ......arrgh my eyeballs are on my cheeks Date: Wed, 23 Aug 2000 00:06:43 -0700 X-MSMail-Priority: Normal X-Priority: 3 X-Mailer: Microsoft Intemet Mail 4.70.1161 MIME-Version: 1.0 Content-Type: multipartJaltemati~; boundary=" --= _NextPart_ 000_01 COOC96. 0541 CDOO" Wednesday, August 23, 2000 America Online: Tlctrk Page: 10 -f~~~ ([ 1181HX3 ~I~ ~ I ~ ~ ~~~~ ' , :E~ .. ~~....¡: , ~I; ~~I~ H/ëi1 -ŠTR-Æ~2,'HÌL-.'Ir- - .Wl.l1. - ----- - -.-. ~E~ ....~ · r ~~~ ;;;<11 ~ : ........~ ~&gõ Š~ ~~~ . ~~~~ ~ !4~~ ~~~ '~-n:i-+-~~ ~ II ~ ~ -I- '" ~ _ ~ ~~: ~ _ _ CLEMENnNE4ff! _ _ __1_ - ~ - ~ q I ~ _f I ~-~"".'I'.""I l... ;;¡: . 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AN UNMARRÜ:D MAN the followine des.."ribeli"ra.J estate. situated ia the Couaty d' JEFFERSON .SlateolW~; . LÒT 3 R. GASTFtELD SHORT PLAT (REVisED) AS' PER PLAT . RECORDED, IN ~ ~oL~ 1 OF SHORT' PLATS, PAGE 14, BEING ÀUDITOR'S FILE NO. 251874. WHICH SHORT PLAT IS A REVISION OF THE SHORT PLAT FILED IN VOLUME 1 SHORT PLATS, PAGE 57, UNDER AUDITOR'S FILE NO. 243087. RECORDS OF. JEFFERSON COUNTY. WASHINGTON. ' . . TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES' OVER. UNDER AND ACROSS TUE WEST 30 FEET,~F LOT 2~ SAID SHORT PLAT. . .. OF SUBJECT TO: EASEMENTS, RESTRICTIONS AND RECITAL SET FORTH ON THE FACE'OF SAID SHORT PLAT. Dated FEBRlJARY 23 HH?~,,~~ CQ::'i'1:'f U.CiSE 'IV ~iL k.. N/~~" ~ __L""~_ gi. ~tJu;:i'¡~;4i:~ ,// .' 11\~¡"t.., .19 95 ~BO' 'I'RUST·· t .....L- t3. W. F. PERRA. TRUSTEE 'iJ~1I 01 V.~'HI"GTO" ---,... . "iT-\TI"';f v.'...;..tI"'ï.OS .,' .. , . 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