HomeMy WebLinkAbout124-97 - Res. Alteration of the Plat of Lake Cushman Division 17 & 18 .y "
ALTERATION TO LAKE CUSHMAN, DIVISION 17 & 18
RESOLUTION -(
On February 19th, 1975 the Plat of Lake Cushman, Division 17,
located in Sections 9 and 16, Township 22 North, Range 4 West,
W.M. , was recorded in Volume 9 , pages 139 through 144 records of
Mason County, Washington.
AND
On June 18th, 1980 the Plat of Lake Cushman, Division 18, located
in Sections 4, 5, 8, & 9 , Township 22 North, Range 4 West, W.M. ,
was recorded in Volume 10, pages 41 through 50 records of Mason
County, Washington.
WHEREAS, The Dedication included in both Lake Cushman, Divisions
17 and 18, is as follows :
Know all men by these presents that the undersigned, Lake Cushman
Co. , lessee of the land hereby platted, hereby declares this plat
and dedicates to the Lake Cushman Maintenance Co. , all streets,
avenues, places, and easements as shown on the plat and the non-
exclusive use thereof for the residents and occupants therein,
their guest and service to said residents not inconsistent with
use in common with other residents and lessees .
Also, the Lake Cushman Maintenance Co. shall have the right to
make all necessary slopes for cuts and fills upon lots, blocks
and tracts shown on this plat in the reasonable 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 common area
where water might take a natural course after the street or
streets are finally improved. Also, all claims for damages
against any governmental authority are waived which may be
occasioned to the adjacent land by the established construction,
drainage, and maintenance of said roads in witness whereof we
have set our hands and seals this 18th day of June, 1980 .
WHEREAS, The final plats contains SPECIAL COVENANTS, the first
article of which states :
All lots shall be subject to an easement five feet in width, and
parallel and adjacent to all lot lines, except -that this easement
shall be ten feet in width along lot lines where lots are not
contiguous, for purposes of installation and maintenance of all
utilities and drainage and all lots shall also be subject to the
right of overhead easements for 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. David A. Dades and Mrs . Susan E. Dades, owners of
Lot 60 in the Plat of Lake Cushman, Division 18,
AND
The Trinity Church as represented by Gilbert R. Martin, owners of
Lot 65 of the Plat of Lake Cushman, Division 17, have made
application with the Mason County Board of County Commissioners
requesting an alteration to the easement running approximately
southeast to northwest 218 . 92 feet between these said lots, for
the purpose of adjusting a boundary line to accommodate an
existing encroachment;
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 subdivisions or
i YtY �-
portion thereof;
WHEREAS, the Lake Cushman Maintenance Co, Pacific Land
Associates, Tacoma Public Utilities, PUD #3 , and U.S . West
Communications 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 October 21, 1997, at 9 : 15
A.M. , in the Commissioners Chambers;
WHEREAS, after due consideration it appears to be in the best
public interest to approve the request made by David A. and Susan
E. Dades, and The Trinity Church;
NOW THEREFORE BE IT RESOLVED that the Board authorizes the
alteration of the previously described 10 ' easements between lot
60 in the Plat of Lake Cushman, Division 18, and Lot 65 in the
Plat of Lake Cushman, Division 17, with the understanding that
there is no drainage in effect on this property line and that the
easement is being removed for the purpose of a common boundary
line adjustment .
PASSED IN REGULAR SESSION this 21th day of October, 1997.
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Prosecuting Attorney CHAR
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COMMISS NER
ATTEST:
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CLER�K OF THE BOARD C ISS ONER