HomeMy WebLinkAbout46-00 - Res. Altering Smith Cove 1711729
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MASON COUNTY DEPt COMM RESOL 10 . 00 Mason Cc , WA
Mason County
Dept. , of community # Development
P. O. Box 578 •
Shelton , WA '98584
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1711729
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MASON COUNTY DEPT COMM RESOL 10 . 00 Mason Co , WA
ALTERATION TO SMITH COVE
RESOLUTION � � roOP
On September 16 , 1982 the Plat of Smith Cove , located in Section
19 , Township 20 North , Range 1 West , W . M . , was recorded in Volume
10 , pages 71 through 72 records of Mason County , Washington .
WHEREAS , The Dedication included in Smith Cove is as follows :
Know all men by these presents that Francis Smith and Elizabeth
Smith , husband and wife , the owners in fee simple of the land
herein platted , declare this plat and dedicates to the public
forever , all streets , places , ways and avenues ( roadways ) , as
shown on the plat , including Smith Cove Way , Case View Drive and
Case View Place , and the use thereof for any and all public
purposes not inconsistent with the use thereof for any and all
public purposes not inconsistent with the use thereof for public
highway purposes . Also , the right to make all necessary slopes
for cuts and fills upon lots , blocks and tracts shown on this
plat in the reasonable grading of all the streets , places , and
avenues ( roadways ) shown herein . Also , the right to drain all
streets over and across any road or lot where water might take a
natural course after the street or streets are graded . Also , all
claims for damages against any governmental authority which may
be occasioned to the adjacent land by established construction ,
drainage and maintenance of said roads , are waived . Provided
however , that an easement for utilities existing in the street
right - of - ways is reserved , which easement shall be subject to
regulations of Mason County with regard to maintenance or
construction of utilities within public roadways .
WHEREAS , The final plats contains an EASEMENT PROVISION , which
states :
All lots shall be subject to an easement five feet in width , and
parallel and adjacent to all lot lines , except that this easement
shall be ten feet in width along lot lines where lots are not
contiguous , for purposes of installation and maintenance of all
utilities and drainage and all lots shall also be subject to the
right of overhead easements for electric and telephone wires over
portions of lots where roadway curvature causes the same to
occur .
WHEREAS , RCW 58017 . 215 - Alteration of subdivision - Procedure ,
provides a method by which a person interested in the alteration
of any subdivision or the altering of any portion thereof may
proceed ;
WHEREAS , Dudley and Anne Panchot , owners of Lots 21 , 22 & 23 in
the plat of Smith Cove , have made application with the Mason
County Board of County Commissioners requesting an alteration to
the easement running approximately northeast 383 feet and due
north 113 feet between Lots 21 and 22 , and northeast 294 feet
between Lots 22 and 23 , in order to reconfigure the lots for
building purposes through a boundary line adjustment ;
WHEREAS , the application contains the signatures of the majority
of those persons having an ownership interest of lots , tracts ,
parcels , sites , or divisions in the subject subdivisions or
portion thereof ;
WHEREAS , the Smith Cove Water Association , PUD 3 , U . S . West
Communications , and Mason County Public Works , have all
relinquished their interest in the easement .
WHEREAS , the Mason County Board of County Commissioners did
notify the effected landowners as required by R . C . W . 58 . 17 . 215 ;
WHEREAS , a public hearing was held on May 16th , 2000 , at 9 * 25
A . M . , in the Commissioners Chambers ;
WHEREAS , after due consideration it appears to be in the best
public interest to approve the request made by Dudley and Anne
Panchot ;
NOW THEREFORE BE IT RESOLVED that the Board authorizes the
alteration of the previously described 10 ' easements between Lots
21 & 22 and Lots 22 and 23 in the Plat of Smith Cove , with the
understanding that there is no drainage in effect on these
property linesand that the easement is being removed for the
purpose of performing a boundary line adjustment on theses
parcels .
PASSED IN REGULAR SESSION this 16th day of May , 2000 .
PPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY , WASHINGTON
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Prosecuting Attorney tATRMAN
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COMMI SIGNER
ATTEST :
CLERk OF THE BOARD COMMIS,SIONE
1711729
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05 / 23 / 2000 04 : 18P
MASON COUNTY DEPT COMM RESOL 10 . 00 Mason Co . WA