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1 <br /> BEFORE THE HEARING EXAMINER FOR MASON COUNTY <br /> 2 <br /> Phil Olbrechts,Hearing Examiner <br /> 3 <br /> 4 RE: Road Vacation No. 401 FINDINGS OF FACT, CONCLUSIONS <br /> 5 OF LAW AND RECOMMENDATION <br /> Petition for a Road Vacation <br /> 6 <br /> 7 <br /> SUMMARY <br /> 8 <br /> The petitioner, Tru North Investments, LLC, has petitioned for vacation of several <br /> 9 streets in the plats of Lakewood Plats A, C, D and F. The subdivision was platted in <br /> 10 1912 and 1913 with very small urban style lots and narrow roads. Most of the right of <br /> way was never developed because of steep topography and ravines. Tru North <br /> 11 Investments wishes to vacate the existing road system adjacent to its properties in order <br /> to re-plat the lots and rights of ways in a design feasible for development.The petitioner <br /> 12 has purchased two lots adjacent to Highway 106, South Shore Road, to provide access <br /> 13 points to the re-platted area. <br /> 14 The proposed vacation area is not necessary for County use.Due to concerns regarding <br /> unintendedly landlocking privately owned parcels, a recommended condition of <br /> 15 approval will require the recording of ingress/egress easements in gross running within <br /> the land. For these reasons it is recommended that the Commissioners approve the <br /> 16 vacation request with conditions. <br /> 17 TESTIMONY <br /> 18 <br /> Mike Collins,Mason County Engineer, summarized the staff report. In response to the <br /> 19 examiner,Mr. Collins stated the vacation areas are best depicted on Exhibit A,Page 26 <br /> and Ex. C Pages 1-3. The roads have never been built. A lot of the roads can't be built <br /> 20 because of the topography. The Applicant will vacate and reconfigure the subdivision. <br /> 21 If the roads are vacated, many existing lots will not be buildable without access <br /> easements. <br /> 22 <br /> David Britton, the Applicant's Attorney, stated the application was carefully crafted <br /> 23 such that only lots owned by the developer were affected.Mr.Britton stated he couldn't <br /> find a good map that showed how all of the roads fit together. The developer worked <br /> 24 very hard to make sure there will be no landlocked parcels. Owners may continue to <br /> 25 access across the developer's property. Nothing has been built thus far on most of the <br /> lots. When they apply for a master development permit with a road system, they will <br /> again ensure that the owners will not be landlocked. The easements will run with the <br /> land such that no one will be landlocked.They haven't granted themselves an easement, <br /> Road Vacation P. 1 Recommendation <br />