Title
Approval of Ruth Milroy Quiet Title Action Regarding an Unopened Street
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to authorize the City Attorney and/or his designee to enter into a stipulated judgment with regard to Ruth Milroy v. City of Olympia, Thurston County Superior Court Cause No. 13-2-01755-2.
Report
Issue:
The City of Olympia was named as a defendant in a quiet title action in Ruth Milroy v. City of Olympia, Thurston County Superior Court cause number 13-2-01755-2.
Staff Contact:
Darren Nienaber, Deputy City Attorney, Legal Department, 360.753.8044
Presenter(s):
None - Consent calendar item
Background and Analysis:
The City of Olympia was named as a defendant in a quiet title action in Ruth Milroy v. City of Olympia, Thurston County Superior Court case number 13-2-01755-2. The complaint alleges that certain City right-of-way was vacated by operation of state law and that the City has no claim to it. Based on a reasonably diligent review of the pertinent records, the City's Legal and Public Works Departments agree with the allegations in the complaint. The City has no legal claim to the "right-of-way" because the right-of-way does not exist. City Council action is considered necessary because, under OMC 3.16.020(B), the Council retains most decision making authority over real estate.
Two laws enacted by the legislature vacated certain County rights-of-way that were dedicated prior to 1904 and unopened for a five-year period. The purpose of the law is unclear. Some theorize that the legislature was trying to clear up the numerous paper plats that were being filed all around the state at that time. Although the right-of-way does not exist, a judicial determination is considered necessary to clean up the title and the official maps and records.
The land in question is graphically depicted on Exhibit A of the stipulated judgment. The vicinity map was prepared by the plaintiff's surveyor and is intended to be submitted for illustrative purposes rather than for legal purposes.
The City's Legal Department forwarded the complaint and stipulated judgment to the City's Surveyor, Ladd Cluff. The right-of-way was platted in 1889 and 1890. It was in the county at the time of the plat. Public Works is of the opinion that the street was never opened for public use. Furthermore, there is no known current or future use of the property.
Based on the analysis of the City's Surveyor, the Legal Department is of the opinion that it is appropriate for the City to sign the stipulated judgment, a copy of which is attached. This stipulation acknowledges that the City has no legal interest in the platted rights-of-way.
Neighborhood/Community Interests:
No known concerns.
Options:
1. Authorize the City Attorney and/or his designee to sign the stipulated judgment that recognizes the City of Olympia does not have title to the road.
2. Do not authorize signing the stipulated order.
Financial Impact:
No known financial impact.