HomeMy WebLinkAbout037 95
In the matter of
tj-ût(OtO Itj. , '"-
VOL. PAGE ..1t2.LS:.
OF OfFiC¡AL RECORDS
n' REOUEST¿J ¡ß
r3~~e¡S ri 1:7['1
STATE OF WASHINGTON
COUNTY OF JEFFERSON J..,""'." :', ~;..i)~(¡OG£
JEff Et<.SON COt.:NTY AUDITOR
a y 6Iiþl1;bl.OEPIJT V
RESOLUTION NO. 37-95
38187'7
x
The Statutory Vacation of
A Portion of Maple Street
In the Plat of
Capt. Tibbals Lake Park
x
x
x
x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by C. Frances O'Brien; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an
instrument dated June 28, 1888, 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 Maple Street being 60 feet in width and 270 feet in length lying
between Blocks 37 and 38 of the Supplementary Plat of Captain Tibbals Lake Park as
recorded in Volume 2, Page 3 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 ~~ DAY OF
¡.. "
, ' .
, ,
.
SEAL:
., ,
VOL
21 r~'.' 648
Val 528 p~,¡( 615
MAY 2 5 1995
JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O. Box 1220
Port Townsend. WA 98368
(360) 385-9160
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Gary A. Rowe
'...
.¡
DATE:
May 11, 1995
-------------------------------------------------------------------------------------------------------------------
ENGINEER'S REPORT OF EXAMINATION
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 platted Maple Street being 60 feet
in width and 270 feet in length lying between Blocks 37 and 38 of the
Supplementary Plat of Captain Tibbals lake Park as recorded in Volume 2, Page 3
of Plats, records of Jefferson County, Washington; as petitioned by C. Frances
O'Brien for statutory vacation, and herewith submit the following report thereon.
1.
These streets were platted on June 28, 1888, in the plat of Captain
Tibbals Lake Park.
2.
There was no road constructed on this right of way within 5 years of
the date of platting.
3.
4.
The roads have not been opened for public use since it was platted.
Roads platted prior to March 1 2, 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.
~2
Gary A. owe, P.E.,
Jefferson Public Services Director/County Engineer
VOL
21 r~L' 649
100% Recycled Paper