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In the Matter of Authorization to the
Jefferson County Prosecuting Attorney
on behalf of Jefferson County to enter into
Stipulated Findings of Fact, Conclusions of
Law and Judgment in Cause No. 95-2-00234-9,
Getzendaner/Davis v. Jefferson County,
et at.; Quieting Title in Certain Jefferson
County Property in the Plaintiff's Name
COUNTY OF JEFFERSON
STATE OF WASHINGTON
RESOLUTION NO. ~-95
WHEREAS, a stipulated Judgement was entered on December 21 st, 1992 by the Honorable
Judge William Howard of the Jefferson County Superior Court in the matter of Getzendaner/Davis v.
Jefferson County, Jefferson County Cause No. 92-2-00234-9, quieting title in certain property located
within the plat of Junction City, at Anchor Street and 9th Street, and
WHEREAS, counsel for the Plaintiffs has filed a cause of action in Jefferson County Cause No.
95-2-00234-9, alleging that the previous stipulation and order inadvertently left out a 3 foot-wide strip
of property, and further alleging that the county had lost title to this portion of land because of
operation of law, in that no use has been made of the platted street or right of way since its creation
in 1891; and
WHEREAS, the Jefferson County Director of Public Services and Public Works, Mr. Gary Rowe,
has reviewed the pleadings and has advised the Prosecutor that the proposed findings of fact and
conclusions of law encompassed in the proposed stipulation are true and correct, now, therefore,
BE IT HEREBY RESOL VED, that the Jefferson County Board of Commissioners recommend that
the Jefferson County Prosecuting Attorney's Office enter into a stipulated judgment and order,
attached hereto as Exhibit" A", quieting title to the following described real property:
Fractional Lots 2 and 11 in Block 63 in the plat of Junction City per plat thereof
recorded in Volume 2 of Plats, Page 1 03, records of Jefferson County, Washington;
together with those portions of Anchor Avenue and the alley in said Block 63 abutting
fractional Lots 2 and 11,
Except any portion of the above described parcel lying within the 60 foot wide strip of
land over said Block 63 conveyed to the state of Washington by deed dated August
1, 1917 and recorded in Volume 1 of Road Waivers on Page 147, records of Jefferson
County, Washington.
APPROVE?:J"I.JYD SIGNED this ~aY of August, 1995.
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\,..¿"/6JJj¡ará WojCr¡é~ \1
avid Skeen,
Prosecuting Attorney
PRESENTED BY:
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Gary Rowe
Director of Public Services
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SUPERIOR COURT OF W ASIllNGTON FOR JEFFERSON COUNTY
MARK A. GETZENDANER and JANET J.
GETZENDANER, husband and wife;
GLENN DAVIS AND CHARLOTIE
DAVIS, husband and wife,
NO. 95-2-00234-9
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
RE DEFENDANT
JEFFERSON COUNTY
Plaintiff(s) ,
vs.
JEFFERSON COUNTY, a municipal
corporation; ALL HEIRS and DEVISEFS of
BLANCHE B. STANLEY; JOHN DOES 1-
10, and JANE DOES 1-10, representing all
other persons unknown, claiming any right,
title, estate, lien or interest in the subject real
property;
Defendant s .
THIS MA TIER having come on before the Court, and the Court having reviewed the
records and files herein, and the Court being fully advised in the premises, now makes the
following:
1. FINDINGS OF FACT
1.1 That the Plaintiffs are owners of the following described real property located in
Jefferson County:
Fractionall:.ots 2 and 11 in Block 63 in the plat of Junction City
per plat thereof recorded in Volume 2 of Plats, Page 103, records
of Jefferson County, Washington; together with those portions of
Anchor A venue and the alley in said Block 63 abutting fractional
Lots 2 and 11.
Except any portion of the above described 'parcel lying within the
60 foot wide strip of land over said Block 63 conveyed to the state
of Washington by deed dated August 1, 1917 and recorded in
Volume 1 of Road Waivers on Page 147, records of Jefferson
County, Washington.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
RE DEFENDANT JEFFERSON COUNTY - 1
Yjo~.OO3 ~
RlACll GBSB, SBATHBR ~ WAIn'
5907 196th Suø S.W./P.O. Box 1067
Lynnwood, Wubin¡toQ 91046-1067
(206) 776-3191/ (206) 775-0406 (JI'~
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1.2 That the above described real property of the plaintiffs is located within the plat
of Junction City, Jefferson County, Washington, which was platted March 6, 1891. That
Anchor Street and the alley abutting fractional lots 2 and 11 in Block 63, as platted, which abut
portions of the above described property of the plaintiffs, have never been open to public use,
nor has that street ever been cleared for any use as a public right of way.
1.3 That Summons and Complaint in this matter have been properly med and served
upon all defendants herein, and this Court has both subject matter and in personam jurisdiction
over the issues raised in this proceeding. Venue is properly laid in Jefferson County Superior
Court.
1 A That Defendant Jefferson County has stipulated to the form of the findings and
conclusions and to the entry of same.
BASED UPON THE FOREGOING FINDINGS OF FACT, the Court now makes and
enters the following:
2. CONCLUSIONS OF LAW
2.1 That the rights, if any, of defendant Jefferson County in and to the above
described property of the plaintiffs have been lost by operation of law.
2.2 That judgment should enter in accordance with the foregoing Findings of Fact
and Conclusions of Law and that each party should bear their own costs and attorneys fees
herein.
DATED this
day of
, 1995.
JUDGFJCOURT COMMISSIONER
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01022
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
RE DEFENDANT JEFFERSON COUNTY - 2
v o~.C1C13
RJACIJ1.GBSB, SBATHBR. WArn
S907 l!o1OU1 Stnet S.W.IP.O. Box 1067
LyDØWood. Wulaia¡tOD 98046-1067
(206) 776-3191/ (206) 7754t06 (l'AX)
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Copy received, approved for entry,
notice of presentation waived:
PAUL McILRATH, WSBA#:
Jefferson County Deputy Prosecuting Attorney
Attorney for Defendant Jefferson County
"at' .21 r.~G:
D 1023
FINDINGS OF FACT AND CONCLUSIONS OF LAW
RE DEFENDANT JEFFERSON COUNTY - 3
vjI~.cm
R/AClh . GBSB, SEÅmBR . WArn
5907 l!o1OU1 Street S.W./P.o. Box 1067
Lynnwood, Wubinaton 98046-1067
(206) 776-3191/ (206) 775-0406 (TAX)
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SUPERIOR COURT OF W ASIllNGTON FOR JEFFERSON COUNTY
MARK A. GETZENDANER and JANET J.
GETZENDANER, husband and wife;
GLENN DA VIS AND CHARLOITE
DAVIS, husband and wife,
NO. 95-2-00234-9
JUDGMENT RE DEFENDANT
JEFFERSON COUNTY
Plaintiff(s),
vs.
JEFFERSON COUNTY, a municipal
corporation; ALL HEIRS and DEVISEES of
BLANCHE B. STANLEY; JOHN DOES 1-
10, and JANE DOES 1-10, representing all
other persons unknown, claiming any right,
title, estate, lien or interest in the subject real
property;
Defendant(s).
THIS MA TIER, having come before the Court upon the stipulation of the parties, Mark
A. Getzendaner and Janet J. Getzendaner, husband and wife; Glenn Davis and Charlotte Davis,
husband and wife; and Jefferson County; and the failure of any other party to respond; and the
Court having heretofore approved and entered Findings of Fact and Conclusions of Law as
stipulated to and presented by the parties, Mark A. Getzendaner and Janet J. Getzendaner, husband
and wife; Glenn Davis Æi!1d Charlotte Davis, husband and wife; and Jefferson County; now,
therefore,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
1. That title to the real property of the plaintiffs located within the plat of Junction City,
Jefferson County, Washington, which was platted March 6, 1891, is hereby quieted in the plaintiffs
as against any claim of defendant Jefferson County, to the following described property:
Fractional Lots 2 and 11 in Block 63 in the plat of Junction City per
plat thereof recorded in Volume 2 of Plats, Page 103, records of
Jefferson County, Washington; together with those portions of
JUDGMENT RE DEFENDANT JEFFERSON COUNTY - 1
vjo~.oœ
lifll.21 't~',: n :1024
RlACB GESB, SHATBER ~ WArn
5907 l!i6.b Street S.W./P.O. Box 1067
Lynnwood, Wubinatoa 98046-1067
(206) 776-3191/ (2"06) 775-0406 (JI'.Q7
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Anchor A venue and the alley in said Block 63 abutting fractional Lots
2 and 11.
Except any portion of the above described parcel lying within the 60
foot wide strip of land over said Block 63 conveyed to the state of
Washington by deed dated August 1, 1917 and recorded in Volume
1 of Road Waivers on Page 147, records of Jefferson County,
Washington.
That each party to these proceedings shall bear their own costs and attorneys fees.
2.
DATED this
day of
, 1995.
JUDGE/COURT COMMISSIONER
Copy received, approved for entry,
notice of presentation waived:
PAUL McILRATH, WSBA#:
Jefferson County Deputy Prosecuting Attorney
Attorney for Defendant Jefferson County
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JUDGMENT RE DEFENDANT JEFFERSON COUNTY - 2
vJo\¡tm¡~.0Q3
R/ACH, GESB, SBATHER . WArn
5907 196th SIIeet S.W./P.O. Box 1067
LYMWood, Wa8bin¡toa 98046-1067
(206) 776-31911 (206) 775..()406 (FAX)