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HomeMy WebLinkAbout85-02 - Res. Altering Emerald Lake Division 3 5959 Page : 2 of 3 07 / 12 / 2002 01 : 30P DEPT OF COMM DEV RESOL 21 . 00 Mason Co , WA ALTERATION TO EMERALD LAKE, DIVISION 3 RESOLUTION On June 12 , 1971 the Plat of Emerald Lake, Division 3 , located in Section 24 , Township 21 North, Range 3 West, W . M . , was recorded in Volume 9, Pages 6 through 8 records of Mason County, Washington . WEEREAS , The Dedication included in Emerald Lake, Division 3 , is as follows : Know all men by these presents that Alpine Evergreen Co . Inc, a Washington Corporation by Paul E . Reid, President and Roger J . Reid, Secretary, and Albert L . Odmark and Gertrude T . Odmark wife, owners in fee simple of the land platted hereby, and Fairview Estates Inc, a Washington Corporation by John A. Bishop , President, and Paul E . Reid, Secretary purchasers on contract thereof hereby declare this plat and dedicate to the use of the public forever, all streets, avenues, places, and sewer easements or whatever public property there is shown on the Plat and the use thereof for any and all public purpose not inconsistent with the use thereof for public highway purposes . Also , the right to make all necessary slopes for cuts and fills upon lots, blocks, tracts, e . t . c . , shown on this Plat in the reasonable original grading of all the streets, avenues, places, e .t . c . 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 Covenants, in which number One reads as follows : All lots shall be subject to an easement 5 feet in width parallel with and adjacent to all lot lines, except that this easement shall be 10 feet in width along lot lines where lots are not contiguous for purpose of installation and maintenance of all utilities and drainage and all lot lines shall also be subject to the right of overhang of electric and telephone wires over portions of lots where roadway curvature causes the same to occur. WHEREAS , RCW 58 , 17 , 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 , William Field and Esther Gebhardt-Field, as owners of Lots 27 & 28 , in the Plat of Emerald Lake, Division 3 , have made application with the Mason County Board of County ' ' 1759591 l �l 07 / 12 / 2002 01 : 30P DEPT OF COMM DEV RESOL 21 . 00 Mason Co , WA Commissioners requesting an alteration to the easements running approximately northwest to southeast an average of 258 . 25 feet for the purpose of obtaining a parcel combination ; 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 Emerald Lake Community Club (which includes the water system) , PUD # 31 Qwest Communications, and Mason County Public Works 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 June 25 , 2002 at 7 : 25 PM, in the Commissioners Chambers , WHEREAS , after due consideration it appears to be in the best public interest to approve the request made by William Field and Esther Gabhardt-Field as this easement serves no public use or interest , NOW THEREFORE BE IT RESOLVED that the Board authorizes the alteration of the previously described 10 ' easement between lots 27 and 28 , in the Plat of Emerald Lake, Division 3 with the understanding that there is no drainage in effect on these property lines and that the combination is for the purpose of performing a declaration of parcel combination in order to create a unified building lot . This resolution does not affect the total number of lots that the Emerald Lake Community Club may assign assessments, fees or dues for water or other purposes . PASSED IN REGULAR SESSION this 25th day of June 2002 . APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Prosecuting Attorney CHAI ATTEST : COMMIS SIOTNwk ela COMMISSIONER CLERk OF THE BOARD