HomeMy WebLinkAbout136-85 - Res. Road Vacation - 7th Street 349 53�
4 47 RESOLUTION NO. 136-85
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 a public right-of -way in the Plat of Detroit No .
2 , as recorded in Volume 1 , Page 23 of Plats and filed on the 30th
day of April , 1890 , records of Mason County , Washington .
WHEREAS , the petition to vacate describes the following roads ,
streets and alleys :
Seventh Street abutting upon blocks 45 and 46 between the south
boundary of Atwater Avenue on the north and the north boundary of
Congress Avenue on the south .
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 ae
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 lT RESOLVED , that the Board of Mason County
Commissioners recognizes that said petitioned right -of-way was
vacated by operation of law as of the 30th day of April , 1895 , on
which date Mason County lost any and ali claim to said petitioned
right-of -way -
DATED this 5th day of November , 1985 .
BOARD OF COUNTY COMMISSlONERS
MASON COUNTY , WASHiNGTON
ATTEST : C rpersoya McGee
Clerk of the Board 0 i sioner Ea g r
APPROVED AS TO FORM:
Commissioner Gibson
*secuting Attorney�