HomeMy WebLinkAbout53-85 - Res. Road Vacation Plat of the Town of Allyn 4 41 3 J RESOLUTION #53-85 RLLL '341
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 have received a petition to vacate a
public right-of-way in the Plat of the Town of Allyn ,
as recorded in Volume 1 , Page 17 of Plats and filed on the 6th
day of September `s 1889 , records of Mason County, Washington.
WHEREAS, the petition to vacate describes the following roads , streets and alleys:
Alley between Blocks Sixty-eight (68) and Sixty-nine (69) of the Town of
Allyn, Washington
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 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 evi-
dent that this 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 as of the 7th _
day of September , 1904 , on which date Mason County lost any and all
claim to said petitioned right-of-way.
DATED this 4th day of June _ 19 85
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
U i,.; i L
is J Ut,.� 18 A )Mai erson
ATTEST: n
RE �Jdi,I- OF � -
-ember
_:Vj,
Clerk of the Board
Ewer - Absent 6 11 85
MA x
Member
APPROVED AS TO FORM:
ProsecuttTfg Attorney
CC: Cmmrs. - Assessor - Engineer