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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� UFVFtOP � ` 4 l, g c *Fq *Ces 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. 6100 2191h Street Southwest, Suitc 560. Mountlake Terrace, WA 98043 1 of 2 LPI 425248,2163 [19 425.248.2168 Aww,gr1g,ne1 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 2 of 2