HomeMy WebLinkAbout152-85 - Res. Road Vacation Ashton Street L[L
RESOLUTION NO, 152-85
A Resoirition Recording the Vacation of a public
Right -of-way in a Plat Recorded Prior to 1904
WHEREAS , the Board of Mason County Commissioner has received as
petition to vacate a public rightnof -way in the Plat of the Town of
Allyn , as recorded in Volume 1 , Page 17 of Plats and filed on tho
6th day of September 1889 , records of Mason Countv , Washington ,
WHEREAS , the petition to vacate describes the following roads ,
streets and alleys ;
A portion of Ashton Street located between Lot 9 of Block 82
and Lot I of Block 79 , in the Town of Allyn .
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 gnvern
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 Etta day of September , ! 894 , on
which date Mason County lost any and all claim to said petitioned
right -of -way ,
DATED this 3rd day of December , 1985 ,
BOARD OF COUNTY COMMISSIONERS
to A S 0 N COUNTY , WASHINGTON
iR E a,C Q I P 00,511--7—N
RED-
0, i �77
Chairperson McGee
GE 16 9 50
A REQUEST OF
tormissioner Eag
-ru ?
,ommissioner Gibson
ATTEST :
clerk of the Board
APPROVED AS TO FORM:
I - P 3- e ty !as cuter