HomeMy WebLinkAbout146B-02 - Res. Vacating Pearl Avenue Lots Plat of Townsends Addition to Union City 1781337
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MASON COUNTY COMMISSIONERS RESOL 0 . 00 Mason Cc , WA
RETURN ADDRESS
Mason County Commissioners
411 North Fifth Street
Shelton , WA 98584
Document Title
Resolution
Reference Number of related documents
Resolution No . 146B-02
Grantor
Mason County Commissioners
Grantee
Jeff Metzger
Legal Description
All of Pearl Avenue adjacent to Lots 1 and 2 of Block 10 , the southerly 30 feet of Johnston Street ,
adjacent to Lots 1 and 8 of Block 10 , and the westerly 30 feet of McArdle Avenue adjacent to Lots 7 and 8
of Block 10 , in the Plat of Townsends Addition to Union City , Volume 1 of Plats , Page 26 , records of the
Mason County Auditor , located in Section 6 , Township 21 North , Range 3 West W . M
Assessor' s Property Tax Parcel/Account Number
Abuts the following parcels . Parcel 32106-51 - 10007 ; 32106-51 - 10001
1781337
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MASON COUNTY COMMISSIONERS RESOL 0 . 00 Mason Co , WA
RESOLUTION NO. 14613 - 02
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;
WHEREAS , the petition to vacate describes the following roads , streets and alleys :
All of Pearl Avenue adjacent to Lots 1 and 2 of Block 10, the southerly 30 feet of Johnston Street, adjacent to
Lots 1 and 8 of Block 10 , and the westerly 30. feet of McArdle Avenue adjacent to Lots 7 and 8 of Block 10 ,
in the Plat of Townsends Addition to Union City, Volume 1 of Plats , Page 26 , records of the Mason County
Auditor, located in Section 6 ; Township 21 North, Range 3 West W.M . (Parcel 32106-51A0007 ; 32106 -51 -
10001 )
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 13 , 1895 ;
BE IT FURTHER RESOLVED that this is subject to any existing utility easements of record.
DATED this 5th day of November 2002
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY , WASHINGTON
RO EDAh TO FORM : Wesley E. J1 6son, 6hairperson
L TXILr
Chief Prosecuting AttorneyG �
Herb Baze, Commissioner
ATTEST:
adv,l 4f0 Bob Holter, Commissioner
RebeccA S . Rogers, Cleric of the i2d
C: \0 :\USER\cbcommon\index\roads\321 .v.doc
Assessor
Auditor
Engineer
Petitioner — Jeff Metzger 3600 Hwy 106, Union, WA 98592
Vacation File No. 321