HomeMy WebLinkAbout77-02 - Res. Petition to Vacate Public Right-of-Way Plat of Detroit 2 �Ny " 03
V� a U
W N N
a o RESOLUTION NO . -02
a
WHEREAS, the Board of Mason County Commissioners has received a petition to vacate a public right-of-
�0 way in the Plat of Detroit #2 , as recorded in Volume 1 , Page 23 of Plats and filed on the 30th day of April, 1890,
records of Mason County, Washington; and
J
�W WHREAS, the petition to vacate describes the following roads, streets and alleys :
The south 40 feet of Mecklem Avenue abutting Blocks 23 and 24 from the west side of 8`b Street west to the
�w west side of loth Avenue; 8fl' Street abutting the west side of Blocks 23 and 28 and the east side of Blocks 24 and 27
�a beginning 60 feet south of Mecklem Avenue to the north side of Randolph Avenue ; 9`b Street abutting the west side of
Blocks 24 and 27 and the east side of Blocks 25 and 26 between the south side of Mecklem Avenue to the north side of
Randolph Avenue; 10d' Street abutting the west side of Blocks 25 and 26 between the south side of Mecklem Avenue to
�r the north side of Randolph Avenue . Woodbridge Avenue between the west side of 7th Street to the east side of 8`b
Street between Blocks 23 and 28 ; Woodbridge Avenue between the west side of 7th Street to the east side of 8th Street
between Blocks 23 and 28 ; Woodbridge Avenue between the west side of 8tb Street to the east side of 9th Street
between Blocks 24 and 27 ; Woodbridge Avenue between the west side of 9tl' Street to the east side of lOd' Street
�� between Blocks 25 and 26 . All located in the Plat of Detroit #2 . Parcel # ' s 12105 51 23001 , 23006, 23016 , 24001 ,
250011 26001 , 27001 and 28001 .
WHEREAS, the laws of the State of Washington of 1889 - 1890, Chapter XIX, Section 32, Page 603
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
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 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 14, 1895 ;
BE IT FURTHER RESOLVED that this is subject to any existing utility easements of record.
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DATED this 1S411 day of June, 2002 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Wesley EVJohnsco, Chairperson
-Herb Baze, Commissioner
APR VED AS TO FORM :
v �
Bob Holter, Commissioner
Chief Prosecuting Attorney
ATTEST:
Rebecca S . Rogers, Clerk of the Boar
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C: \0 :\USER\cbcommmi\index\roads\318 . v.doc
Assessor
Auditor
Engineer
Petitioner — ] urges Enterprises, hic. 2020 Enetai Bch, Bremerton,
WA 98310
Vacation File No. 318