HomeMy WebLinkAbout01-02 - Res. Road Vacation N a
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- • n o RESOLUTION NO. 1 -02
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�0 WHEREAS, the Board of Mason County Commissioners has received a petition to vacate a public right-of-
�a way in the Plat of Gray ' s Harbor & Union City Railroad Addition to Union City , as recorded in Volume 2 , Pages 1 & 2
of Plats and filed on the 23rd day of June, 1890 , records of Mason County, Washington; and
�W WHEREAS, the petition to vacate describes the following roads, streets and alleys :
The southerly half of a portion of Pine Street North of Lots 1 — 4, Block 20, Plat of Gray ' s Harbor & Union
City Railroad Addition to Union City; Volume 2 of Plats, Page 1 and 2 .
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�o WHEREAS, the laws of the State of Washington of 1889 - 1890, Chapter XIX, Section 32, Page 603
�N mandated that "Any county road . . . which remains unopened for public use for the space of five years after . . . the
authority (is) granted for opening the same, shall be and the same is hereby vacated . , . . " and
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a� WHEREAS, the Supreme Court of Washington has mandated in Turner v . Davisson, 47 Wn . 2d 375 ( 1955 ) ,
that the above law shall govern the vacation of roads unopened for five (5) years prior to March 12 , 1909 in any plat
cxrecorded before March 12, 1904 .
WHEREAS , there is no evidence that the petitioned right-of-way was improved or opened for public use
during the first five years after the filing date, nor is it evident that said right-of--way was ever open to the public;
NOW, THEREFORE BE IT RESOLVED , that the Board of Mason County Commissioners recognizes that
said petitioned right-of--way was vacated by operation of law and is considered to be effective as of June 24 , 1895 ;
BE IT FURTHER RESOLVED that this is subject to any existing utility easements of record.
DATED this 8th day of January, 2002 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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Wesley It , Joh6Sn, Chairperson
APPROVED AS TO FORM : Herb Baze, Commissioner
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Deputy Prosecuting Attorney Bob Hotter, Commissioner
ATTEST :
Rebecca S . Rogers, Clerk of the oard
C: O:\USER\CB COMMON\MDEX\ROAD S\315.v.do c
Assessor
Auditor
Engineer
Petitioner — Colleen O'Brien
Vacation File No . 315