HomeMy WebLinkAbout2022-005 - Res. Vacating W Walnut Street and Fourth Street Easements - Leighton RETURN TO MASON COUNTY PUBLIC WORKS
100 W. Public Works Drive
Shelton,WA 98584
RESOLUTION NO.OW 2022-005
IN THE MATTER OF THE VACATION OF BOTH ORDER OF VACATION
W.WALNUT STREET AND FOURTH STREET VACATION FILE NO. 410
EASEMENTS RCW 36.87
PETITIONER: MARY LEIGHTON Page 1 of 2
WHEREAS, Mary Leighton, property owner at 121 W. Walnut Street has requested that
Mason County vacate a portion of W.Walnut Street located North of and adjacent to Block 4 in Moore's
addition to the City of Shelton and also Fourth Street located West of and adjacent to Block 4 in Moore's
Addition described as follows:
All of Fourth Street lying adjacent to and Westerly of Block 4, Lot 4,
Together with all that portion of Walnut Street lying adjacent to and Northerly of Lots 1 through
4, inclusive, Block 4 of said Plat of Moore's Addition to the City of Shelton,
Excepting therefrom that portion thereof described as follows; BEGINNING at a point on said
North line of the Plat of Moore's Addition to the City of Shelton and the Southeast corner of
Quiet Title Action filed under Auditors File No. 1931216; thence Westerly along said North line
a distance of 30.00 feet; thence leaving said North line of the plat in a Southeasterly direction a
distance of 42.86 feet to the Northeast corner of Block 4 and the Westerly right of way for North
Third Street; thence Northerly along said Westerly right of way line of Third Street extended, a
distance of 30.00 feet to the North line of said plat and said Southeast corner of said Quiet Title
Action and the terminus of this description.
WHEREAS, the Mason County Board of Commissioners agreed on May 25, 2021 by
adopting Resolution No. 2021-027 to publish and post, according to law, a notice of intent to close
and vacate the described rights-of-way and set a virtual hearing for July 28, 2021 at 1:00 p.m. with
the Mason County Hearing Examiner.
WHEREAS,a virtual hearing was held on July 28,2021 and left open for written for written
comments through August 6, 2021; and,
ORDER OF VACATION
VACATION FILE NO. 410
RCW 36.87 Page 2 of 2
WHEREAS,the hearing was re-opened on August 14, 2021 by the examiner for the parties
to answer questions posed by the examiner that were authorized through September 10, 2021; and
WHEREAS, the Hearing Examiner has considered the County Engineer's report, together
with any evidence for or objection against said vacation and has rendered to the Board his Findings,
Conclusions and Recommendations and the members of the Board have given due consideration;
and,
WHEREAS,the Petitioner, Mary Leighton, has satisfied Provisions 1. and 2.:
Provision 1. Payment of$9,581.96 which is fifty percent (50%) of the appraised value for Class A
easements.
Provision 2. The petitioner has relocated the existing board fence to match the right of way line
along Yd Street(See Map Exhibit).
NOW, THEREFORE, BE IT IS RESOLVED; that the above described right of way is
hereby vacated; and
IT IS FURTHER OREDERED; that said vacation is subject to any existing easements for
ingress and egress or any other purpose, if any in accordance with RCW 36.87.140, retaining and
easement in favor of Mason County for any utilities present in proposed vacated rights of way.
ADOPTED this V& day of 52022
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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McKenzie SmUh, CldW of the Board ,
Kevin Shutty, Ch r
APPROVED AS TO FORM:
m ad, Ch. DPA Sharon Trask, Vice Chair
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Randy eatherki, Commissioner
Cc: Vacation File No. 410
Treasurer
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