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In the matter of
STATE OF WASHINGTON
COUNTY OF JEFFERSON t.-!/.;;:' L GABOURY
..:fF P5ùN COUNTY AUOfTOR
8T PUT'
RESOLUTION NO. 108-94
x
The Statutory Vacation of
A Portion of Unnamed Streets
In the Plats of
W.J. Worthington's Addition and
Josephine Campbell's Addition
x
x
x
x
x
WHEREAS, the Jefferson County Board of Commissioners has reviewed a road vacation
petition submitted by Jan and Douglas Reeves; and
WHEREAS, real property was dedicated to Jefferson County for road purposes in an
instrument dated September 12, 1891, and filed with the Jefferson County Auditor at Page 107,
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 unnamed street lying between Blocks 3 and 6 of Josephine Campbell's Addition as
recorded at Page 107, Volume 2 of Plats, records of Jefferson County, Washington; also
the unnamed street lying between Blocks 3 and 6 of W.J. Worthington's Addition as
recorded at said volume and page.
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.
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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, PE., Director / County Engineer
September 19, 1994
MEMORANDUM
TO:
Board of County Commissioners
Gary A. Rowe, County EngiueerÁ ~......---
Statutory Road Vacation
Douglas & Jan Reeves, Principal Petitioners
FROM:
SUBJECT:
I have examined the petition submitted for a statutory vacation of portions of an unnamed street
in Josephine Campbell's Addition, Vol. 2, Pg. 107 of Plats, portions of an unnamed street in W.J.
Worthington's Addition, Vol. 2, Pg. 107 of Plats, and portions of Quilcene Ave. located in both
plats. The three portions of streets surround Block 3 of Josephine Campbell's Add. and Block 6
ofW.J. Worthington's Addition on the west, south, and east sides.
A sworn affidavit was submitted by th~ petitioners to support the determination that the platted
streets were not opened between the time of platting, September 12, 1891 and the statutory 5
year limit.
I inspected the site on July 26, 1994, to review whether the road had been opened in the past. It
doesn't appear that either of the unnamed streets lying on the east and west side of the subject
blocks has ever been open. Quilcene Ave., on the other hand is opened and is maintained by the
county. Department records show that this portion of the road was open in 1890. It is shown on
maps in 1915. It is also shown on a Metzker Map in 1943. The existing road may not lie within
the platted right of way. A survey would need to be done to confirm the exact location.
Based on the above information, I believe the unnamed streets have been vacated by operation of
law and the County should divest itself of any or all interests. I also'believe that Quilcene Ave.
was opened within the statutory time frame. If the petitioners wish to pursue vacation of
Quilcene Ave., the petition should be a standard vacation procedure as outlined in the Road
Vacation Ordinance.
VOL
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,PETITION
Principal Petitioner:
Mailini: Address:
Douglas and Jan Reeves
P.O. Box 185
Quilcene, W A 98376
Telephone:
765-3633
Request
TO: The Board of County Commissioners of JeffersOif County, Washington:
We, the undersigned, being the owners of property adjoining the following
request area, do hereby respectfully petition the Jefferson County Board of
Commissioners for vacation of the following described road(s) in Jefferson
County:
The unnamed street lying between Blocks 3 and 6 of Josephine Campbell's
Addition as recorded at Page 107, Volume 2 of Plats, records of Jefferson
County, Washington; also the unnamed street lying between Blocks 3 and 6 of
W.J. Worthington's Addition as recorded at said volume and page; also
Quilcene Avenue lying easterly of the east margin of Block 6 in said Josephin~
Campbell's Addition and westerly of the west margin of Block 3 in said
Worthington's Addition.
The reason for requesting the vacation is:
There were never roads constructed on these right of ways within the five
years after they were platted on September 12, 1891. Therefore a statutory
vacation is requested.
PETITIONERS
NOTE:
Adjoining owners of a majority of property fronting the vacation request area must sign
this petition. INCLUDE PARCEL NUMBERS OF PROPERTIES.
PROPERTY DESCRIPTION
(from tax statement;
INCLUDE PARCEL NUMBER
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MAILING
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Acknowledgement
Tile principal Detitioner hereby acknowledlles that the oetitloner must present oroof tllat the road or rll1l1t of way
remained unooened for a period of rl)'f! (5) ..'cars fol/owiml ded!catlC1: in I!::: :JIll!. SUCH PROOF SHALL ltl?
PRE~ENTED A T THE TIME THE PETITION IS SUBMITTED TO JEFFERSON COUNTY. Tile Drlnclo(J1
DetitlOner recollnizes tllat dlle acknowledeement bv Jefferson County of the vacation is not a euarantee of clear title. but
is intended to Droduce ev!flence of tile lack of ownerslliD interest by Jefferson County.
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