HomeMy WebLinkAbout89-84 - Res. Alteration to the Plat of Lake Cushman Division 18 I �
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ALTERATION TO LAKE CUSHMAN, DIVISION 1F�CUEST CF:I ze)a ,Tro
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On July 24, 1980 the Plat of Lake Cushman, Division 18, located
in Section 5, 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 Lake Cushman, Division 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 seal this 18th day of June, 1980, Lake
Cushman Co. }`
WHEREAS, The final plat contains a SPECIAL COVENANT in which item
One reads as follows:
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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.
j 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. and Mrs. Robert L. and Marian F. Troyer, owners of
Lots 39 and 40, Block 2, in the Plat of Lake Cushman, Division
18, has made application with the Mason County Board of County
Commissioners requesting an alteration to the easement running
approximately southeast to northwest an average of 195 feet for
the purpose of placing a new residence over and across both lots;
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 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.
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WHEREAS, the Mason County Board of County Commissioners did
notify the effecced landowners as required by R.C.W. 58.17.215;
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WHEREAS, a public hearing was held on August 23, 1994, at 9:15
AM, in the Commissioners Chambers;
WHEREAS, after due consideration it appears to be in the best
public interest to approve the request made by Robert L. and
Marian F. Troyer;
NOW THEREFORE BE IT RESOLVED that the Board authorizes the
alteration of the previously described 101 easement between lots
39 and 40, Block 2, in the Plat of Lake Cushman, Division 18 with
the understanding that there is no drainage in effect on these
property lines and that the combination is for the purpose of
placing a residence over and across existing easements.
PASSED IN REGULAR SESSION this 231rd day of August, 1994.
APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Prosecuting Attorney CHAIRMAN
COMM SSIONER
ATTEST:
CLE C OF THE BOAR COMMISSIONER
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