HomeMy WebLinkAbout021 96STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of x
The Statutory Vacation of x
A Portion of Elm St., Catherine St., x
and View St., all in the x
Plat of Captain Tibbals Lake Park x
Resolution No.
21-96
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by Neil Cavette; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an instrument
dated July 2, 1888, and revised April 24, 1889 and filed with the Jefferson County Auditor at Page 3,
Volume 2 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:
That portion of platted Elm Street lying northerly of the center line of Catherine Street in the
Supplementary Plat of Captain Tibbals Lake Park, as recorded at Page 3, Volume 2 of plats,
records of Jefferson County, Washington; along with that portion of Catherine Street being 30 feet
wide and 275 feet long adjoining Block 75 in said Plat; along with that portion of View Street
being 30 feet wide and approximately 220 feet long adjoining said Block in said Plat.
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, THEREFORE BE IT RESOLVED that the dedicated platted roads more particularly
described above have been vacated by operation of law and Jefferson County asserts no claim of interest
for public road purposes in them. Utility rights, private easements, or other rights or interests may
still exist.
ADOPTED THIS ~ DAYOF .~. ff~~t__~ ,1996.
SEAL:
~ ATTEST:
Lorna L. Delaney
Clerk of the Board
VOL
VOL
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
(Excused Absence)
Richard E. Wojt, Chairman
Glen J. Huntin~fo,r~l~leZmber
(~~~Tnlc~n, M emb ~*C'ORDE DIN
9 MAR I~M..__ 9:48
D~M ELDRIDGE
JEFFERSON COUNTY AUDITOR
BY ~C~. L.I,~NOEPUT y.
547
1996.
P.O. Box 2070
1322 Washington St.
Port Townsend, WA 98368
(360) 385-9160
Klara A. Fabry, Director/County Engineer
MEMORANDUM
TO:
FROM:
RE:
DATE:
Board of County Commissioners
Klara Fabry, Director/County Engineer
Engineer's Report on Request to Vacate
February 23, 1996
In accordance with Ch 36.87 RCW, I have examined the platted right of way, described
as follows:
That portion of platted Elm Street lying northerly of the center line of Catherine
Street in the Supplementary Plat of Captain Tibbals Lake Park, as recorded at
Page 3, Volume 2 of Plats, records of Jefferson County, Washington; along with
that portion of Catherine Street being 30 feet wide and 275 feet long adjoining
Block 75 in said Plat; along with that portion of View Street being 30 feet wide
and approximately 220 feet long adjoining said Block in said Plat.
as petitioned by Neil Cavette, for statutory vacation, and herewith submit the following
report thereon:
The streets were platted on April 17, 1889, in the Supplementary Plat of
Captain Tibbals Lake Park and therefore are vacated under the Road Vacation
Ordinance No. 06-061592-92.
2. There were no roads constructed within these rights of ways within five (5)
years of the date of platting.
3. There is no current or anticipated future public need for the rights of way to
provide for the public road circulation network nor for public access.
The public will benefit by returning the property being vacated to the tax rolls,
by enhancement of the development potential of the property, and by
increasing the taxable value of the property once the vacation is completed.
Therefore, for the reasons stated above it is recommended that the Board of County
Commissioners approve this statutory vacation request.
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