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HomeMy WebLinkAboutUnopened Right-of-Way - RAP Letters / Memos - 8/7/1981 MASON COUNTY PUBLIC WORKS DIRECTOR/COUNTY ROAD ENGINEER Shelton. Washington 98584 OFFICE AT_ Shelton, Washington INTER-DEPARTMENTAL COMMUNICATIONS DATE August 7, 1981 TO: Prosecuting Attorney Attn: Barney FROM: County Engineer SUBJ: In the matter of unopened right-of-way We are responsible for the county maintained roads. We have not, however, directed a lot of attention to unopened, undeveloped plat right-of-way. We only assumed these corridors woul. someday develop and serve the public as originally intended. We are noting more and more activity within these right-of-ways by property owners and recent events by the county relative to unopened right-of-way is causing us to reassess our assumptions. Under Resolution No. 68-81 , the Board of County Commissioners recognized that right-of-ways within the Plat of Arkada, which were never opened for public use had been vacated by opera of the law in 1894. The laws of the State of Washington of 1889-1890, Chapter XIX, Section 32 , Page 603 mandated that "Any county road. . .which remains unopened for public use for the space of five years after. . .the authority (is) granted for opening the same, shall be and the same is hereby vacated. . ." The Supreme Court of Washington has mandated in Turner V. Davisson, 47 Wn 2d 375 (1955) , that the above law shall govern the vacation of unopened roads in any plat recorded before 1909. My immediate concern deals with the Town of Allyn - a plat filed September 6, 1889, and Wheelright Street, a platted 60 foot right-of-way. Part of this street was undeveloped prior to 1978 Part of this street was used as a multi-use driveway None of which was a county maintained road. Early in 1979, the Board of County Commissioners vacated 30 feet of the 60 foot right-of- way being used as a multi-use driveway. In 1979, a developer proposed to build a fourplex, utilizing this multi-use driveway as their access. Mason County required that they agree to improve the "road" to the satis- faction of the Engineer prior to issuing a building permit. Such road improvement included widening, ballasting and asphalt paving, all with the understanding that the County would consider taking this road over for maintenance. On October 22, 1979, the Board of County Commissioners, on my recommendation, established this 0.11 miles of the Wheelright Street as a county maintained road. Because the County assumed it was public right-of-way, the question arrises- What was the status of this right-of-way before improvement? Who had Jurisdiction over this right-of-way? Who has Jurisdiction now? What is the status of the vacated 30foot strip of right-of-way? What is the status of the road and right-of-way regarding county's acceptance? secuting Attorney Attn: Barney .ge 2 RE: Matter of unopened right-of-way These questions are important and must be answered because a developer has "opened" the part of this street which was undeveloped prior to 1978 by bulldozing a lane back to some interior plat lots. (Plus water lines are beingplanned. ) ) Arkada and Allyn plats are only two of 17 whose right-of-way could be questioned under the 1909 law. 3 were filed prior to Statehood, 1883, 1889, 1889 13 were filed in 1890 1 was filed in 1905 I will make myself available at your earliest convenience to discuss what should be Mason County's roll or policy position regarding unopened public right-of-way. Marley L. , ng / ROCK E.CALEY ATTORNEY AT LAW r 88S2 S E.View Park Rd Port Orchard,Washington 96366 (206)329-79"Seattle (2%)971-2137 Pt.Orchard 8/1/81 Mason County Public Works Director/ County Road Engineer Shelton, Wa. 98584 Attenton Mr. Young Dear Mr. Young , I am writing, to you regarding the project entitled The Town of Allyn. I represent a water company which has been requested to provide water to several tracts in this project . I talked with Mr. Elden Reed from your office and also Mr. Buckwalter from the Prosecutor' s office . They advised I contact you in writing. There are several issues as the water company requires easements in the roads . I have been advised that one road which cuts through many lots is considered a county road and is presently maintained by the county it starts on Wheelwright near L)hlman and ends near the northwest corner near Fife street . It is important for me to determine if this is a 60 foot or 40foot right of way . I have asked for a price from Thornton Surveying to determine the center line as they have some control in the area. I would like to know if the water company may apply for an easement in the right of way for its distribution lines as the well site is planned in the northwest corner. The second issue is the matter of the roads in the plat which the county has not maintained and which Mr. Reed advised may have been abandoned years ago and may have reverted. In such event I must determine who is the owner of the roads to obtain an easement , in the event that each property owner has some title interest in the roads it is my intention to commence an action to quite title . Mr. Reed read to me you memoradum dated June 12th 1981 to the Commissioners regarding the vacation of a part of Skookum St . and Main St within the original plan of the Town of Arkada. If these roads have automatically been vacated and remained unopened for 5 years after the plat was recorded appearently they revert . I am requesting a letter from your office to identify in writing to me the status of the roads from the county' s position . If you are able to grant. easements in all or aportion please advise me . Otherwise I will have to contact all parties of record for the easements . I hope to also obtain a legal description on each of the roads in the plat . Please advise at your eariliest convience . i V ry T Lily Yo s , C t1c Roc L . Caley . Office Of The P*6SECUTING ATTORNEY Byron E. McClanahan Of Mason County. Washington August 17, 1981 Prosecuting Attorney VII/T0 : County Engineer FROM: John H. Buckwalter, Deputy Prosecutor RE : Unopened Right-of-Way ; your Memo dated Aug. 7 , 1981 In your referenced ^lemo you directed to this office certain questions about unopened rights-of-way, a situation which you and I previously discussed in my office several weeks ago , particularly with respect to the Allyn area. I thought that the County' s legal position was clarified at that time . However, since Mr. McClanahan has referred your Memo to me for reply , let me restate : 1) Where a plat was filed prior to 1909 and a dedicated road or a portion thereof was not opened to the public within five (5) years after filing, the road or portion thereof was vacated by operation of law and reverted to prior owner (s) . The County has no possessory interests , and any questions as to ownership , easements , etc . , are private concerns in which the County is not a party. 2) Any portion of the road which was opened to the public was not vacated and the County retained a possessory interest although not a maintenance responsibility until accepted into the County road system. 3) The opened portion right-of-way remained the width as shown on the plat unless the County subsequently vacated a portion of that width. 4) If the retained portion of the right-of-way is brought up to County standards and accepted into the County system, the County at that time accepts jurisdiction and responsibility for maintenance . Applying the above to the Allyn road as we understand the facts from, your Memo ; 1) There is a portion of the road which was never opened to the public and was therefore vacated and is now subject only to private , not County , concerns . 2) A portion was opened to the public and therefore was not vacated; however , in 1979 the 60 ' right-of-way was reduced to 30' by action of the Commissioners . The County retains no possessory interest in the vacated 30' which is now subject to private concern only. 310 Birch XI - Shelton, Washington 98584 - Phone (206)426-6223 Memo : County Engineer August 17, 1981 Page 2 3) The remaining 30 ' right-of-way was brought up to the County standards and accepted into the County road system in 1979 ; at that time, but not before , the County became responsible for maintenance of the 30' road. We hope that the above will provide the general information for future inquiries as well as for replying to Mr . Caley' s letter which we return herewith. Reviewed and Concurred : C McCLANAHAN Prosecuting Attorney CC : County Commissioners (Information Only) JHB/mji i IN THE MATTER OF THE PETITION OF: ' Reginald Engman, et al ' • • • AMENDED ORDER OF VACATION VACATION FILE NO. 259 RCW 36.87.060 WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the following described property: That portion of Fawcett Street from Highway 3 to Wheelwright Street. Sec 20, Twnshp 22N, 1 WWM WHEREAS, the date of hearing was set for February 4, 1992 and Notice of}-searing, Intent to Vacate, was published and posted according to law; and WiIEREAS,said vacation is pursuant to the following provisions: Existing utility easements retain their right to access; the entire width of the road will be vacated to the adjacent property owners located within the plat. BE IT FURTIIER RESOLVED by the Mason County Board of Commissioners the above described property is herewith vacated and that the records of Mason County so indicate said vacation. DATED this 9th day of June, 1992. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Laura E Porter, Chair per n Michael D. Gibson, Commissioner William O. Hunter, Commissioner C. File ATTEST: Assessor Auditor Public Works Department r\ Petitioner. Reginald P.ngman ` L� Vacation File No. 259 4�t- \WP51\INDEX\ROADS\259.V Rebecca-&-4tegwfi, Clerk a Board Dicin< L-Zc�t,L