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OF OFF!C1;\L RECORDS
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1994 OCT 12 AM II: 08
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the matter of
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RESOLUTION NO'8T~PUn
The Statutory Vacation of
A Portion of Maple Street
In the Plat of
Captain Tibbals Lake Park
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WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation petition
submitted by James and Dorothy Hermanson; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an instrument
dated April 24, 1889, 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, unopened Maple Street being 60 feet in length and approximately 270 feet
in length lying between Blocks 82 and 83 of the plat of Captain Tibbals Lake Park as recorded at
Page 3, 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 26th DAY OF September, 1994.
JEFFERSON COUNTY
OF COMMISSIONERS
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VOL 514 r';,.r 985
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JEFFERSON COUNTY
DEPARTMENT OF PUBLIC WORKS
1820 Jefferson Street
PO, Box 1220
Port Townsend, WA 98368
(206) 385-9160
Gary Rowe, P E., Director / County Engineer
MEMORANDUM
TO:
Board of County Commissioners
FROM:
Gary A. Rowe, County Engineer
DATE:
September 14, 1994
SUBJECT:
Statutory Road Vacation
James & Dorothy Hermanson, Petitioners
I have examined the petition submitted for a statutory vacation of portions of Maple St. in
Supplementary Plat of Captain Tibbals Lake Park, V 01. 2, Pg. 3 of Plats described as follows:
Maple Street between Blocks 82 and 83 of said plat being 60 feet wide and 270
long.
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 24, 1889 and the statutory 5 year
limit.
I inspected the site on September 14, 1994, and found no evidence of a street in existence or
having been opened in the past.
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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