HomeMy WebLinkAbout89-02 - Res. Road Vacation 317 1759405
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07 / 10 / 2002 10 : 22A
MC COMMISSIONERS RESOL 0 , 00 Mason Co , WA
RETURN TO MASON COUNTY
COMMISSIONERS
RESOLUTION NO. 89-02
Road Vacation File No . 317
WHEREAS, the Board of Mason County Commissioners has received a petition to vacate a public right-of-
way in the Plat of Allyn, as recorded in Volume 1 , Page 17 of Plats and filed on the 6th day of September, 1889,
records of Mason County, Washington; and
WHREAS, the petition to vacate describes the following roads, streets and alleys :
The easterly 10 feet of an unnamed alley lying between Drum Street and Uhlman Street adjacent to Lots 1 , 2 ,3
and 4 of Block 6, Plat of Allyn; Volume 1 , Page 17 , Book of Plats, Mason County Auditor ' s office . Parcel # ' s 12220
50 06001 and 12220 50 06003 .
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.
DATED this 2nd day of July, 2002 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Wesley E : Johns( , Chairperson
r
Herb Bale, Conf iiissioner
AP ROVED _ S TO FORM :
Bob Holter, Commissioner
Chief Prosecuting Attorney
ATTEST :
Rebec a S . Rogers, Clerk of thedhoard
C. \0 :\USER\cbconnnon\index\roads\317v.doc
Assessor
Auditor
Engineer
Petitioner — Ernest McGibbon, PO Box 1500, Allyn, WA
Vacation File No. 317