Vacation Staff Report Amended
STAFF REPORT
City of Yelm
Community Development Department
To: Mayor Rivas Yelm City Council
From: Grant Beck, Director of Community Development
Date: December 1, 2003
Subject: Amended Street Vacation - Cherry Meadows
Issue
Don Findley, D&D Associates, LLC, has approval (Ordinance No. 791) to vacate an unopened public right-of way as part of his application for preliminary approval of a subdivision and
has requested an amendment to a condition of approval.
Background
The City Council on October 22, 2003, vacated an unopened right-of-way between Cullins and Killion Roads. Ordinance No. 791 effected the vacation and transferred title to the property
as of the date of final subdivision approval by the City Council of the Cherry Meadows subdivision. Mr. Findley has requested the City amend the approval to effect the title transfer
at the time the proposed street right-of-way which connects Cullins and Killion is dedicated by the developer.
The Community Development Department recommends the City Council approve the proposed revision, as the City’s interest in protecting cross-connecting streets is preserved by the proposed
revision.
Chapter 35.79 RCW states that the City Council can require that the abutting property owners compensate the city in an amount which does not exceed one-half the appraised value of the
area vacated. The Community Development does not recommend compensation in this particular situation because a through street will be provided as part of the development which replaces
the vacated right-of-way.
Recommendation
Approve Ordinance No. 798 amending Ordinance No. 791 by changing the time transferring title to the vacated right-of-way from final subdivision approval to the dedication of alternate
right-of-way.