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STATE OF WASHINGTON
COUNTY OF JEFFERSON
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.~FERSOH CC;UNfY AUDiTOR
In the matter of
x
'3 ,XQ) 00 Lr\ DEPUC:'~
RESOLUTION NO. 9-95
The Statutory Vacation of x
A Portion of Sutter Street x
In the Plat of x
Captain Tibbals Lake Park x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road
vacation petition submitted by Ginna D' Amore; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in
an instrument dated 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:
The portion of platted Sutter Street being 60 feet wide and approximately 1,340 feet
long lying westerly of the centerline of platted Maple Street and easterly of the
centerline of platted Fern Street in the supplementary plat of Captain Tibbals Lake
Park, as recorded at Page 3, Volume 2 of plats.
WHEREAS, RCW 36.87.090provides that any road unopened for public use for five
(5) years after the authority is granted for opening it shall be thereby vacated and the
authority for building it barred by lapse of time; and
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, which exempted from vacation by operation of law certain lands dedicated for
road purposes, became effective; 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.
1
ADOPTED THIS tJ../ ~
1995.
VOL
21 rAG~ 337
'lot 523. ~~r 21.£)
FEe 2 8 1995
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
\
1820 Jefferson Street
Po. Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary Rowe, P E., Director / County Engineer
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Gary Rowe, County Engineer
DATE:
SUBJECT:
February 13, 1995
Statutory vacation of Sutter Street in Tibbals lake Park
ENGINEER'S REPORT OF EXAMINATION
The County Engineer of Jefferson County, has examined the county right of way known as
Sutter Street and petitioned by Ginna D' Amore to be vacated and abandoned, and herewith
submits the following report thereon:
This street was platted on April 24, 1889 in the plat of Captain Tibbals lake Park. There
is no evidence in the public records that any road was constructed on this right of way
within 5 years of the date of platting, nor has it been opened for public use since it was
platted; it is therefore vacated by statute. It is recommended the Board of County
Commissioners concur with statutory vacation. .
Á~û~.
Gary A. Rowe, Jefferson County Engineer
VOL
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100% Recycled Paper
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
INSPECTORS REPORT
Date:
February 09, 1995
Re:
Sutter Street history
A driveway from N. Jacob Miller Road onto Sutter Street appears to have been placed there
sometime in the 60's or 70's. The drive is indicated on the County road plans for the N. Jacob
Miller Road improvements in 1980. The entire roadway was logged sometime in that time
frame however, I have been unable to locate an open right-of-way application for it. Sometime
in the late 80's and early 90's development started from the other end of Sutter where it
intersects with Elimira Street. At that time power, phone, and water were placed on the platted
right-of-way for Sutter Street. It was in this same time frame that the County PWD was made
aware of the correct method of handling statutorily vacated plats so all of the utilities on Sutter
were placed without permits and are not along the edge of the right-of-way.
To the best of my knowledge, from the research I have done, Sutter Street was not opened up
until the 1960's or 1970's and would fall under statutory vacation guidelines. The existing four-
wheel drive tract that traverses Sutter Street is approximately 10 to 12 feet wide and was not
constructed to any County road standard. There is no record on the microfish system of any
work or permit ever issued for Sutter Street.
)ã~~itted' 'e4)
~obert Hender on
Engineering Techm . an IV
xc:
file
'VOL
21 r.v)~339
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