HomeMy WebLinkAbout107-99 - Res. Altering Colony Surf Division 2 1699133
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09 / 30 / 1999 01 : 43P
DEPT COMM DEV RESOL 10 , 00 Mason Co , WA
ALTERATION TO COLONY SURF , NUMBER TWO
RESOLUTION 107 _ 99
On May 22 , 1967 , the Plat of Colony Surf , Number Two , located in
Section 9 , Township 23 North , Range 3 West , W . M . , was recorded in
Volume 6 , Pages 107 through 109 records of Mason County ,
Washington .
WHEREAS , The Dedication included in Colony Surf , Number Two , is
as follows :
Know all men by these presents that the undersigned , executors of
Estate of John Muller , his wife , owners in fee simple of the land
hereby platted and Richard E . Jacobson , D . Also. n Vanderstaay and
Chesterfield Development Corporation , contract purchasers there
of , hereby declare this plat and dedicate to the use of the
Colony Surf Community Club forever , all streets , avenues , places ,
and easements . Also the right to make all necessary slopes for
cuts and fills upon lots , blocks , tracts , etc . , shown on this
plat in the reasonable original grading of all streets , avenues ,
places , etc . , shown hereon . Also , the right to drain all streets
over and across any lot or lots where water might take a natural
course after the street or streets are originally graded .
WHEREAS , The final plat contains Protective Covenant number six
which reads as follows :
Easements within 5 feet of all lot lines are hereby reserved for
drainage , water system pipes , sewage systems pipes , storm sewers
and utilities , including right of maintenance .
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 , John and Margie McNeil , owners of Lot 101 of Colony Surf
Division Two and a unplatted parcel known as Tract 10 , have made
application with the Mason County Board of County Commissioners
requesting an alteration to the easements running approximately
southeast to northwest an average of 89 . 45 feet , for the purpose
of building a garage over the existing easement , these two
parcels having been legally combined in 1985 .
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 subdivision or
portion thereof ;
WHEREAS , the Colony Surf Club and Water System , PUD # 1 , U . S .
West Communications and Hood Canal Communications 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 September 21 , 1999 , at
10 : 00 AM , in the Commissioners Chambers ;
WHEREAS , after due consideration it appears to be in the best
public interest to approve the request made by John & Margie
McNeil ;
1699133
Page : 3 of 3
IIII 09 / 30 / 11 999 01 : 43P
DEPT COMM DEV RESOL 10 , 00 Mason Co , WA
NOW THEREFORE BE IT RESOLVED that the Board authorizes the
alteration of the previously described 5 ' easement between Lot
101 , Colony Surf , Division Two and the unplatted parcel known as
Tract 10 , with the understanding that there is no drainage in
effect on this property line and that this action is rectifying a
problem created when these parcel were legally combined in 1985 ,
PASSED IN REGULAR SESSION this 21st day of September , 1999 .
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY , WASHINGTON
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Prosecuting Attorney CHAIR
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COMMIS ` IONER
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