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HomeMy WebLinkAbout034 95 STATE OF WASHINGTON COUNTY OF JEFFERSON In the matter of The Statutory Vacation of x A Portion of Second Street x In the Plat of South Port Townsend x x RESOLUTION NO. 34-95 381.704 WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition submitted by John Pichette and Jenny Pichette; and WHEREAS, real property was dedicated to Jefferson County for road purposes in an instrument dated September 18, 1871, and filed with the Jefferson County Auditor at Page 10, 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: That portion of unopened Second Street being 40 feet wide and 120 feet long adjoining Lot 1 of Block 11 in the plat of South Port Townsend, as recorded at Page 10, Volume 1 of Plats, records of Jefferson County, Washington. WHEREAS, RCW 36.87.090 provides 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. ADOPTED THIS en..... 15- DAY OF SEAL: .. . .. IIAY 1 8 1995 TJJ ar JEFFERSON COUNTY BOARD OF COMMISSIONERS ;' ,1995. "Rich E. leX~tÆ5ed Ab~¡1e~) Robert H. Hinton, M.emb~fp°~", ~ Ii, ,., '2... VOL, PA~,t~ OF OfHC'.\L. HE CORDS R~n:~t;;r 0.- 'Tï . "', - ~ ',duif:¿ i99S' ~ 8 ~ 4: 00 '-'~"¡,.', ," :...C;¡,DGE ¡:¡ E¡¡~íJ~::: VOL 528 ~;~"r223 VOL 21 rAG: 589 JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS 1820 Jefferson Street P.O. Box 1220 Port Townsend, WA 98368 (360) 385-9160 MEMORANDUM DATE: SUBJECT: April 26, 1995 ENGINEER'S REPORT OF EXAMINATION, PETITION TO VACATE BY PICHETTE STATE OF WASHINGTON COUNTY OF JEFFERSON To the Board of Jefferson County Commissioners: Per the direction of the Board of County Commissioners I have examined the platted right of way described as follows: that portion of unopened Second Street being 40 feet wide and 120 feet long adjoining Lot 1 of Block 11 in the plat of South Port Townsend, as recorded at Page 10, Volume 1 of Plats, records of Jefferson County, Washington; as petitioned by Jenny and John Pichette for statutory vacation, and herewith submit the following report thereon. 1. These streets were platted on September 18, 1871, in the plat of South Port Townsend. 2. There was no road constructed on this right of way within 5 years of the date of platting. The roads have not been opened for public use since it was platted. 3. 4. Roads platted prior to March 12, 1904 that have not been opened within 5 years of platting are automatically vacated by statute. It is recommended that the Board of County Commissioners concur with statutory vacation. ~~a~ Gary. owe, P. ., Jefferson Public Services Director/County Engineer ; VOL 21 rM;~ 590 100% Recycled Paper