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In the matter of
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STATE OF WASHINGTON ~..tUN -9 PM It- 22
COUNTY OF JEFFERSON MARY t. GABOURY
,JfJF Ok COUNTY AUDITOR
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RESOLUTION N. !.!!'It .
x
The Statutory Vacation of x
A Portion of x
Louisa Street and Elwood Avenue x
In the Plat of x
Eisenbeis Bay View Addition x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Donald and JoAnn Cooper; 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 rights 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, unopened Louisa Street being 60 feet in width and approximately
100 feet in length lying between Lot 1 of Block 3 and Lot 6 of Block 2 in Eisenbeis Bay
View Addition, as recorded at page 54 of Volume 2 of Plats, records of Jefferson County,
Washington, along with that portion of platted, unopened Elwood Avenue being 60 feet
in width lying east of the easterly margin of platted Sophia Street and west of the westerly
margin of platted Elizabeth Street in 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 ~.¡j- DAY OF ~ , 1994.
cI' JEFFERSON COUNTY
COMMISSIONERS
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ton, Chairman
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Richard E. Wojt, Member
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
P.O. Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary Rowe, PE., Director / County Engineer
MEMORANDUM
FROM:
DATE:
Board of County Commissioners /'~
Gary A. Rowe, County Engineer Dr-
TO:
SUBJECT:
June 1, 1994
Statutory Road Vacation
Don & JoAnn Cooper, Petitioners
I have examined the retition submitted by Don and JoAnn Cooper for statutory
vacation of portions 0 Louisa Street and Elwood Avenue described as follows:
That portion of platted, unopened Louisa Street being 60 feet in width and
aEproximately 100 feet in length lying between Lot 1 of Block 3 and Lot 6
of Block 2 in Eisenbeis Bay View Adaition, as recorded at page 54 of
Volume 2 of Plats, records of Jefferson County, Washington, along with
that portion of platted, unopened Elwood Avenue being 60 feet in width
lying east of the easterly margin of platted Sophia Street and west of the
westerly margin of platted Ehzabetli Street in said plat.
A sworn affidavit was submitted by the petitioners to support the determination that the
platted streets were not opened between the time of platting (April 4, 1890) and the
statutory 5 year limit.
I inspected the site on May 24, 1994, and found no evidence of a street in existence or
having been opened in the past. The street and adjoining property is timbered with trees
approximately 50 years old.
Also, highlighted on the enclosed map are streets that were previously vacated (yellow).
Fredrick Street and a portion of Elizabeth Street are currently open. Fredrick Street is on
the County Road Log.
Based on the above information, I believe the petitioned streets have been vacated by
operation of law and the County should divest itself of any or all interests.
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