HomeMy WebLinkAbout102-90 - Res. Road Vacation of Portions of McReavys Third Addition to Union CityRESOLUTION NO. 102 -90
A Resolution Recording the Vacation of a Public Right -of -Way
In a Plat Recorded Prior to 1904
WHEREAS, the Board of Mason County Commissioners has received a petition to vacate
portions of McReavy's Third Addition to Union City; and
WHEREAS, the petition to vacate describes the following roads, streets and alleys,
All of Southside Avenue as shown on the Plat of McReavy's Third Addition to
Union City as recorded in Volume 1 of Plats, Page 22, which lies easterly of the
west line of the alley between Blocks 22 and 23, extended southerly.
All of McReavy Street which adjoins Blocks 20, 21 and 22 as shown on the Plat
of McReavy's Third Addition to Union City as recorded in Volume 1 of Plats,
Page 22.
All of Kittinge Avenue as shown on the Plat of McReavy's Third Addition to
Union City as recorded in Volume 1 of Plats, Page 22, which lies easterly of the
west line of the alley between Blocks 17 and 20 extended southerly.
All of the alleys as shown on the Plat of McReavy's Third Addition to Union
City as recorded in Volume 1 of Plats, Page 22, which lies between Blocks 22 and
23; Blocks 21 and 24; and Blocks 20 and 17.
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 ...."
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 evidence that the petitioned right-of-way was not improved or
opened for public use during the first five years after the filing date, and that said right-of-
way was never 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
as of the 3rd day of May, 1890 on which date Mason County lost any and all claim to said
petitioned right-of-way.
DATED this 18th day of December, 1990.
Rebecca S. Rogers, Clerk of `the Board
C:
\WP51\RESOLUT\ROADS\255
Assessor
Auditor
Engineer
Petitioner - Knudsen Timber Company
Vacation File No. 255
BOARD OF COUNTY COMMSSIONERS
MASON COUNTY, VASHINCTON
Michael D. Gibson, Chairperson
William O. Hunter, Commissioner
Laura E. Porter, Commissioner