Letter from Galvin Realty Law Group.pdfDale J. Galvin
Yen B. Lain
Jennifer Sehlin
Mitchel P. Wilson
Michelle Straub, Paralegal
Karen Dixon, Mediation Case Manager
mwi Ison@�grlg.net
Ken Gunn
10430 231st Street SW
Edmonds, WA 98020
Re: Vacating the ROW
Dear Ken,
Galvin Realty Law Group
December 5, 2016 llecz�
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Please accept this letter for your records as a summary of my research, conducted with
the aizn of vacating the 20-foot wide right-of-way ("ROW") in your neighborhood,
Sherwood Estates. To that end, I've gathered records of how the ROWS were dedicated to
the County; records of how another portion of one ROW was vacated in 1979, and current
case law about the nature of right-of-ways. I have also provided an outline of the process
for petitioning the City of Edmonds to vacate the remaining ROW.
1. Dedication of Sherwood Estates
I pulled the dedication language from the Sherwood Estates survey map. It provides for
the granting of "all roads and easements" to the public, which was then unincorporated
Snohomish County. The remaining ROW runs south of the private road and lots 10-15,
and it is unopened to the public and it is unimproved. None of the ROW was granted
from Sherwood Village, the plat of homes south of you.
2. Part of ROW Vacated in 1979
You pointed out that part of the ROW appeared vacated, behind lots 8, 9, and 10 in 1979.
We pulled vesting deeds from those lots and a 1988 deed for Lot 10 provided that it
included part of the "vacated 104th Avenue ... Commissioners Resolution No. 79-251." I
made a public records request with Snohomish County, and it produced that Resolution,
along with the Petition to Vacate, and the collective payment records for $3,600 (58 cents
per sq. foot) for that portion of the ROW behind lots 8, 9, and 10 in 1979. The County
Department of Public Works supported vacating that ROW in part because it was never
open for public use.
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3. Letter from the County Regarding Liability for Trees
In a 1991 letter from Snohomish County to your parents, the County said homeowners
bore the risk of falling trees located in the ROW. It is my understanding that the 1991
letter is not entirely accurate and that the County would be liable if it acted negligently.
For example, if the County reasonably maintained those trees and one fell in a storm, it
may not be liable. If you brought a dangerous tree to the County's attention and it fell
while the County did nothing, it would probably be liable. The neighborhood was later
incorporated into the City of Edmonds and the same rule applies to them.
4. Fee Ownership Retained by Lots in the Plat which Abut the ROW
Regardless, the underlying state law cited by the County was correct, even though it does
not support the County's position on liability. In Washington, when a right-of-way is
dedicated, the government receives an easement while the landowners retain fee
ownership of the soil. Rowe v Janes, 71 Wash. 267, 128 P. 539 (1912) (finding that the
courts have uniformly held that a city acquires only an easement in a street in
consequence of a dedication) (cited favorably by Kiely v. Graves, 173 Wn.2d 926, 931,
271 P.3d 226 (2012)). Regardless, it was reasonable to consider the 1991 letter as
granting permission for maintaining trees in the ROW.
Ultimately, your underlying fee ownership of the ROW does little to establish rights and
responsibilities for you until it is vacated. At the same time, the City may only use the
ROW as a right-of-way or return it to you, such that the City's interest in the ROW is
heavily curtailed. This fact explains the low price for the ROW in the 1979 petition and
supports a conclusion that the City will be receptive to vacating the remaining ROW.
5. Petition to Vacate Remaining Portion of ROW.
You may find instructions for submitting a Petition to Vacate here:
httns://tinvurl.com/inwa2g8
I have also attached these documents hereto.
Enclosure
Cc: Client
Very truly yours,
GALVIN REALTY I.,AW GROUP, P.S.
Mitchel F. Wilson
Attornev at Law
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