HomeMy WebLinkAbout01-97 - Res. Altering Emerald Lake Division 3 ALTERATION TO EMERALD LAKE, DIVISION 3
RESOLUTION [)I - q- J
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.
WHEREAS, 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, Mr. Peter and Mrs . Wendy Hein, owners of Lots 36 & and
the north half of 35, all in the Plat of Emerald Lake, Division
3 , has made application with the Mason County Board of County
Commissioners requesting an alteration to the easements running
approximately northwest to southwest an average of 219 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 # 3 , U.S . West 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 January 7, 1997, at 10 : 15
AM, in the Commissioners Chambers;
WHEREAS, after due consideration it appears to be in the best
public interest to approve the request made by Peter and Wendy
Hein;
NOW THEREFORE BE IT RESOLVED that the Board authorizes the
alteration of the previously described 101 easement between lots
36 and the north half of 35, 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 preforming a parcel combination.
PASSED IN REGULAR SESSION this 7th day of January, 1997 .
A PPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Prosecuting Attorney CHAIRD�"
COMMISSIONER
ATTEST:
CLERK OF THE BOAR' OMIS IONER