HomeMy WebLinkAboutOrder of Vacation - BLD Letters / Memos - 6/22/2010 1959108 MASON CO WA
06/24/2010 10:22 AM MISC
MASON CO PUBLIC WORKS #38576 R.. Fee: $63.00 Pages 2
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RETURN TO MASON COUNTY PUBLIC WORKS
100 W.Public Works Dr.
Shelton,WA 98584
3(V t 00L O
TO BE KEPT IN THE
PARCEL FILE
IN THE MATTER OF THE PETITION OF: ORDER OF VACATION
VACATION FILE NO. 371
A PORTION OF DEER CREEK ROAD RCW 36.87
WHEREAS, it is the intention of the Board of Mason County Commissioners to vacate the
following described right of way:
All right of way known as the Deer Creek Road, County Road No. 52630,being a strip
of land 3 0 feet in width, lying in the North '/4 of the NE '/a of the NE '/a of the NW 'A of
Section 36,Township 21 North,Range 3 West,W.M., as said Deer Creek Road as
shown in Book of Surveys,Volume 18,page 91, recorded December 29, 1993 under
Auditor's File No. 579290,and all that portion north of Section 36,Township 21 North,
Range 3 West, W.M.,records of Mason County, Washington.
AND,WHEREAS,the date of hearing was set for June 8,2010 at 1:00 p.m. and Notice of Hearing,
Intent to Vacate,was published and posted according to law;and
WHEREAS, the hearing was held on June 8, 2010, and Mason County Hearing Examiner
considered the County Engineer's report, together with any evidence for or objection against said vacation;
and
WHEREAS, the Hearing Examiner has rendered to the Board of Mason County Commissioners, his
Findings, Conclusions and Recommendations and the members of the Board have given them due
consideration.
NOW,THEREFORE,IT IS ORDERED that the above-described right of way is hereby vacated
and
IT IS FURTHER ORDERED that said vacation is subject to the following:
1. Any existing private easements for ingress and egress or any other purpose;and
2. An easement for ingress and egress in favor of the UNITED STATES OF AMERICA,Department of
Energy,Bonneville Power Administration,pursuant to the Bonneville Project Act,of August 20,
Order of Vacation
File No.371
Page 2
1937, Ch. 720, 50 Stat. 731, as amended, 16 U.S.C. 832(1977);the Federal Columbia River
Transmission System Act, of October 18, 1974,(P.L. 93-454), 88 Stat. 1376, 16 U.S.C. 838(Supp
IV);the Department of Energy Organization Act,of August 4, 1977,(P.L. 95-91);and the Pacific
Northwest Electric Power Planning and Conservation Act, of December 5, 1980, (P.L. 96-501);and
3. An easement in favor of Steve Lucarelli for placement of utilities adjacent to the south side of the
travelled portion of the vacated right of way.
4. An easement in favor of Mason County for any utilities currently present in the vacated right of way, in
accordance with RCW 36.87.140.
DATED this Z2"A day of 0LJA i ,2010.
ATTEST: BOARD OF COUNTY COMMISSIONERS
MASON ,WA HINGTON
S�1 on Goudy,Clerk a Boar ss Gallagher,Chair
APPROVED AS-TO FO
4La ing Erickson, mmissioner
Dep ty osec
Cc: File;Assessor;Auditor;Petitioner; Tim Sheldon,Commissioner
Public Works Dept.;
Vacation File No. 371