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In the matter of
STATE OF WASHINGTON
COUNTY OF JEFFERSON
~i¡¡:,;;: t L. !3~BÜURY
""'"'-ffi"""'v f'nnMTv A!í"FO!1\
RESOLUTION N~':~;~;I "
x
The Statutory Vacation of
Certain Streets
In the Plat of Irving Park
x
x
x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Gary Hilbert and Elmer Paul, dba G.E. Development, Inc.; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an
instrument dated May 5, 1888, and filed with the Jefferson County Auditor at Page 42, 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:
Ash A venue being approximately 790 feet in length in the plat of Irving Park Addition,
as platted at Page 42, Volume 1 of Plats, records of Jefferson County, Washington; also
that portion of Irving A venue being approximately 663 feet in length lying south of the
centerline of Maple Street in said plat; also that portion of Elm Street being 100 feet in
width lying between Blocks 42 and 43 of said plat; also that portion of Elm Street being
240 feet in length lying between BLocks 30 and 31 of said plat; also Seventh Street being
193 feet in length lying between Blocks 32 and 43 of said plat; also Sixth Street being
193 feet in length lying between Blocks 31 and 32 of said plat; also that portion of Maple
Street being 30 feet in width and 240 feet in length adjoining Block 30 of said plat.
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 roads were 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 a ð 1:1!- DA Y OF »1 ~Á
, 1994.
JEFFERSON COUNTY
RD OF COMMISSIONERS
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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:
Ash Avenue being approximately 790 feet in length in the plat of Irving Park Addition,
as platted at Page 42, Volume 1 of Plats, records of Jefferson County, Washington; also that
portion of Irvmg Avenue being approximately 663 feet in length lying south of the
centerline of Maple Street in saia plat; also that portion of Elm Street being 100 feet in
width lying between Blocks 42 and 43 of said plat; also that portion of Elm Street being
240 feet in length lying between BLocks 30 ana 31 of said plat; also Seventh Street being
193 feet in length lying between Blocks 32 and 43 of said plat; also Sixth Street being 193
feet in length lying between Blocks 31 and 32 of said plat; also that portion of Maple Street
being 30 feet in width and 240 feet in length adjoinmg Block 30 of said plat;
as petitioned by Gary Hilbert and Elmer Paul for statutory vacation, and herewith submit the
following report thereon:
1.
2.
These streets were platted on May 5, 1888, in the plat of Irving Park.
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 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 A. Ro e, P.E.,
Jefferson Public Works Director/County Engineer
VOL
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