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STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
The Statutory Vacation of
A Portion of an Alley
In the Plat of
Eisenbeis Bay View Addition
x
RESOLUTION NO. 35-95
x
x
x
x
381.705
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Joshua and Erin Sage; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an
instrument dated April 4, 1890, and filed with the Jefferson County Auditor at Page 54, 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 alley being 10 feet wide and 300 feet long lying in Block 30 of Eisenbeis Bay View
Addition, as recorded at Page 54 of Volume 2 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
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/5 - DAY OF
SEAL:
A TrEST:
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MAY 1 8 1995
'i1l ~ ' 1995.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
JJ
. HInton, Member
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
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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 SAGE
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: the alley being 10 feet wide and 300 feet long lying in
Block 30 of Eisenbeis Bay View Addition, as recorded at Page 54 of Volume 2 of Plats,
records of Jefferson County, Washington; as petitioned by Joshua and Erin Sage for
statutory vacation, and herewith submit the following report thereon.
1.
These streets were platted on April 4, 1890, in the plat of Eisenbeis Bay
View Addition.
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.
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Gary A. Rowe, P.E.,
Jefferson Public Services Director/County Engineer
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