HomeMy WebLinkAbout14-02 - Res. Road Vacation a
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It] N c o RESOLUTION NO. 14 -02
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WHEREAS, the Board of Mason County Commissioners has received a petition to vacate a public right-of-
way in the Plat of Townsend Addition to Union. City, as recorded in Volume 1 , Page 26 of Plats and filed on the 13t"
■0 day of June, 1890, records of Mason County, Washington; and
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WHREAS , the petition to vacate describes the following roads, streets and alleys :
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30 ' on all sides of Blocks 1 ,2 ,3 , 8 and 9 of Huntington, Johnson, and Heckman Streets, and McArdle and
Wherry Avenues, and 40 ' along Grand Avenue adjacent to Blocks 3 and 8 , Townsend Addition to Union
City ; Mason County Auditor ' s office, Book of Plats , Volume 1 , Page 26 , Section 6 ; Township 21 North ,
.sW Range 3 West W.M .
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�N WHEREAS , the laws of the State of Washington of 1889 - 1890, Chapter XIX, Section 32, Page 603
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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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o 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
recorded before March 12, 1904 .
WHEREAS , there is no evidence that the petitioned right-of-way was unproved 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 14 , 1895 ;
BE IT FURTHER RESOLVED thanhis is subject to any existing utility easements of record.
DATED this 19 th day of February, 2002 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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Wesley E . hnson, hairperson
Herb Baze, Commissioner
APPROVED AS TO FORM :
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J7 � ob Holter, Commissioner
Chief Prosecuting Attorney t
ATTEST:
Rebecca S . Rogers, Clerk of the B and
C: \0:\USER\cbcommon\index\roads\316.v.doc
Assessor
Auditor
Engineer
Petitioner - Jeffrey & Karen Metzger
Vacation File No. 316