Washington Code 35.71.070 – Waivers and quitclaim deeds — Rights in right-of-way
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The corporate authority may formulate, solicit, finance and acquire, purchase, or negotiate the acquisition of waivers and the execution of quitclaim deeds by persons owning or having any legal or equitable interest in the real property affected by the establishment of a mall, conveying the necessary rights to the city to prohibit through vehicular traffic and otherwise limit vehicular access to, and from, such right-of-way: PROVIDED, That the execution of such waivers and quitclaim deeds shall not operate to extinguish the rights of the abutting owner, lessor, or lessee in the right-of-way, not included in such waiver or quitclaim deed.
[ 1965 c 7 § 35.71.070. Prior: 1961 c 111 § 7.]
Terms Used In Washington Code 35.71.070
- City: means any city or town. See Washington Code 35.71.010
- Corporate authority: means the legislative body of any city. See Washington Code 35.71.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Mall: means an area of land, part of which may be surfaced, landscaped, and used entirely for pedestrian movements, except with respect to governmental functions, utilities, and loading and unloading of goods. See Washington Code 35.71.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Right-of-way: means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes. See Washington Code 35.71.010