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Another Vacation Problem

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(@dougie)
Posts: 7889
Illustrious Member Registered
Topic starter
 

In 1988, a Condominium was recorded, this is the boundary description:

CONDO LEGAL

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This is the area of the plat:

REDNDO BEACH

The description calls out the streets that are vacated, but makes no mention of the alley in block 3. But it does say "ADJOINING SAID BLOCKS, THAT WOULD ATTACH BY OPERATION OF LAW"

RCW?ÿ35.79.040

Title to vacated street or alley.

If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each.

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According to State law, 1/2 the alley should've attached; but it didn't according to the original survey. Subsequent surveys in that block show all of the alley attaching to the lots on the Northwesterly side of the Block.

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34 Years is a long time; does the condominium have a claim to the Southeasterly half of the alley?

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TIA to all of the good people of this board that respond; you guys are the best!

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Dougie

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For a bonus; here's Katie Upton, doing the Dougie:

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Posted : 02/05/2022 10:37 am
(@holy-cow)
Posts: 25292
 

First, would need to know if the entirety of the four streets named has been vacated or if only a portion of each has been vacated.?ÿ In each vacation action, was the purpose to eliminate traffic but retain rights for existing and future utilities??ÿ Or was it an absolute vacation??ÿ Perhaps Roosevelt still provides access to the alley in question.

 
Posted : 02/05/2022 10:51 am
(@dougie)
Posts: 7889
Illustrious Member Registered
Topic starter
 

@holy-cow?ÿ

The original plat was created in 1907; a small portion of the alley is providing access to lots 16 and 17, and it's called 5th PL S.

here's what it looks like today:

GE

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Posted : 02/05/2022 11:02 am
(@wa-id-surveyor)
Posts: 909
Prominent Member Registered
 

You would need to check the vacation ordinance.?ÿ From the description it does not indicate the alleys were vacated.?ÿ Without documented proof I would say the alley still exists.?ÿ

 
Posted : 02/05/2022 11:05 am
(@lurker)
Posts: 925
Prominent Member Registered
 

Seems like a lousy description of the condo plat. From this info I have no idea what portions of those streets were vacated and what portions were not vacated. So we know what lots and blocks are part of the condo plat but another source has to be found to find out what portions of the mentioned streets were vacated.

 
Posted : 02/05/2022 11:40 am
(@bstrand)
Posts: 2272
Noble Member Registered
 

I think you need to hunt around for the paperwork that describes exactly what was vacated.

 
Posted : 02/05/2022 2:03 pm
(@jitterboogie)
Posts: 4275
Famed Member Customer
 

Wait....this sucks.?ÿ I THOUGHT THIS WAS GOING TO BE A GIRLS GONE WILD video....

Carry on.?ÿ?ÿ

I'll digest?ÿ the OTHER type of vacation problems now...

Jeeesh.

????

 
Posted : 02/05/2022 2:43 pm
(@fairbanksls)
Posts: 824
Prominent Member Registered
 

Vacation with Kate. Of course the answer is yes.

 
Posted : 02/05/2022 4:00 pm
(@sean-r-m)
Posts: 63
Estimable Member Registered
 

The condo property may have owned the half of the alley but they could have deeded it to the neighbors before the condo was recorded?ÿ

 
Posted : 02/05/2022 6:20 pm
(@williwaw)
Posts: 3321
Famed Member Registered
 

If itƒ??s being used, itƒ??s hardly vacated, unless clearly shown otherwise.

 
Posted : 02/05/2022 7:13 pm
(@dougie)
Posts: 7889
Illustrious Member Registered
Topic starter
 

So here's the real question:

What should I tell the client?

Hey. um, I did some research and found that the 34 year old survey is wrong, you should've gotten half the alley, and the 4 other subsequent are wrong too, everybody's wrong and I'm right.

What are their chances of gaining ownership of that 8 feet?

This is huge; there is row of trees that are getting tall enough to ruin the view of the sound. (That's what this is all about)

TIA (again) For all of the great responses from the good people of this board!

Dougie


GIF

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Posted : 03/05/2022 6:29 am
(@sean-r-m)
Posts: 63
Estimable Member Registered
 

Dougie,

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I found 4 rec# 198602030832, 0833, 0834 and 0835?ÿ

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not available online but maybe the answer to your question?ÿ

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Sean

Screenshot 2022 05 04 111925

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Posted : 04/05/2022 10:20 am
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