CC memo re Vacation of Stevens ROWCity of Yelm
STAFF REPORT
To: Mayor Ron Harding
Yelm City Council
From: Tami Merriman, Assistant Planner
Date: May 2, 2006 (for May 10, 2006 City Council Meeting)
Subj: Ordinance No. 848 Vacation of the Stevens Street Right-of-Way.
Recommendation
Adopt Ordinance No. 848 vacating the unimproved Stevens Street Right-of-Way,
subject to final plat approval of SUB-OS-0456-YL.
Background
On April 12, 2006, the City Council adopted Resolution No. 463 to hold a public hearing
for the request of vacation of an unimproved portion of right of way within the City. The
petition is signed by two-thirds of the abutting property owners. Chapter 35.79 RCW
requires the City Council to hold a public hearing to consider the petition.
Current Situation
The Right-of-way is located between Longmire Street and Cullens Road. At this
location, the Stevens Street unopened right-of-way is only one block in length. It is
bound on the southeastern end by a small lot improved with a residential structure built
approximately 1942.
The Stevens Street right-of-way located to the east of this site was vacated as part of a
residential subdivision completed in 2001. This vacation was approved by City Council,
as there is no further right of way connection to the east, which is the location of Yelm
Middle School.
The property to the west of this proposed vacation is not future right-of-way, and is
improved with commercial structures.
Page 1 of 2
The property abutting the south of the proposed vacation has an application pending for
a residential subdivision. As part of the subdivision, the developer will construct a new
street connecting Longmire Street to Cullens Road. The property abutting to the north
of the proposed vacation is currently developed as a single family residential structure,
and~h~a~lf "of~th"e vacated Right-of-Way would belong to that property owner
d Yvu.,. (Sl~'C `(\t~ ll-~i~.d ,~PF~ ~-~,L '~,•'a (L-z7~
Section 35.79.030 RCW states that the City may receive compensation for the vacated
Right-of-Way. In this instance, one of the Petitioners who is the developer of the
preliminary plat application, will be providing a new public street within the proposed
subdivision, that will provide a new connection between Longmire Street and Cullens
Road, effectively providing the improved Right-of-Way, just in a different location.
Page 2 of 2
CITY OF YELM
ORDINANCE NO. 848
AN ORDINANCE VACATING THE STEVENS STRF.F.T RIGHT-OF-WAY IN THE NW 1/4
OF SECTION 17, TOWNSHIP 17 NORTH, RANGE 2 FAST AND TRANSFERRING TITLE
TO SUCH PROPERTY ACCORDINGLY.
WHEREAS, a petition has been filed bearing the signatures of the owners of two-thirds of the
property abutting the right-of-way described below;
WHEREAS, the Yelm City Council has held aduly-noticed public hearing regazding the request
and finds that such vacation would be in the public interest; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES ORDAIN AS
FOLLOWS:
Section 1. That the portion of Stevens Street right-of-way in the NW 1/4 of Section l7,
Township 17 North, Range 2 Fast lying between the westerly right-of--way line of Longmire
Street and the easterly right-of--way line of Cullens Road, Thurston County, Washington is
hereby vacated.
Section 2. That title to said right-of-way shall vest in the owners as of this date to the abutting
properties, one-half to each.
Section 3. That a copy of this Ordinance shall be recorded by the City Clerk with the Auditor of
Thurston County.
Section 4. This Ordinance shall be effective on May 24, 2006, being a date not less than five
days following publication.
Ran Harding, Mayor
Attest:
Agnes P. Bennick, City Clerk
Passed and Approved: May 10, 2006
Published: Nisqually Valley New, May 19, 2006
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CITY OF YELM
PUBLIC HEARING TO RECEIVE COMMENTS
ON A PETITION TO VACATE A PORTION OF THE
STEVENS STREET RIGHT-OF-WAY
VAC-05-00499-YL
The Yelm City Council has scheduled a public hearing to receive public comment
on a petition to vacate a portion of unimproved Right-of-Way located between
Longmire Street and Cullens Road, as part of the Wednesday, May 10, 2006 City
Council meeting. The meeting will take place at Yelm City Hall Council Chambers,
105 Yelm Ave West at 7:30 p.m.
For additional information, please contact Tami Merriman, at 360-458-8496.
It is the City of Yelm's policy to provide reasonable accommodations for people
with disabilities. If you are a person with a disability in need of accommodations to
conduct business or to participate in government processes or activities, please
contact Agnes Bennick, at 360-458-8404 at least 5 working days prior to the
scheduled event.
Agnes P. Bennick, City Clerk/Treasurer
Published: Nisqually Valley News, May 5, 2006
PLEASE DO NOT PUBLISH BELOW THIS LINE
Distribution:
City Council Packets:
Mayor:
Councilmembers:
City Administrator
Newspaper of Record
Posted
Ron Harding
Don Miller
Joe Baker
Robert Isom
Pat Fetterly
Mike McGowan
Shelly Badger
Nisqually Valley News
Yelm City Hall
Yelm Timberland Library
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REQUEST FOR STREET VACATION
CITY OF YELM
This letter is a request from the undersigned owners to the City of Yelm to vacate an
unimproved portion of the Stevens Street in the City of Yelm that abuts their property.
Attached to this letter of request is the Thurston County Assessor's legal descriptions and
map of the parcels that abut the Stevens Street Right of way as it currently exists.
Also attached to this letter is a "Memorandum of Understanding" from property owner
Peaz] Mazshall granting RDS Design the use of her portion of the vacated Steven's right
of way by means of BLA upon said vacation of r-o-w for the benefit of Trump Plat
project (SUB-OS-0456-YL) as i[ has been submitted.
Scott L. Ritter Manag
RDS Design
2365 48ih Ave SW
Olympia, Wa. 98512
Tax parcel number
21724140300
er Pearl LoisMarshal] iu ~6cr~N
407 Longmire Street N W
Yelm, Washington 98597
Tax Pazcel Number
22719230700
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MEMERANDUM OF UNDERSTANDING
1. The parties to this agreement are RDS Design LLC hereafter
referred to as "RDS" and Pearl Marshall hereafter referred to
as "Marshall"
2. RDS is the owner of tax parcels # 21724140300
3. Mazshall is the owner of tax parcel #22719230700
4. Both RDS and Marshall own property on both sides of the
vacated street known as the "Stevens" right-of--way
5. Marshall understands that RDS has made application for a
sub-division on its property and will apply at the same time
fora "vacation' of the Stevens r-o-w.
6. Marshall agrees that when the vacation process is completed
it will grant their % of the vacated Stevens r-o-w to RDS.
RDS will then perform a boundary line adjustment (BLA) to
incorporate the vacated street into the RDS Plat.
RDS Scott Ritter
PeazlMazshall i~~i,;,,,j .~, ~9~~~1~~,,Ck'
Date )?` G, ~ ~ '1 <a ~.
Th;i'ston County Property Inquiry SPL
Page 1 of 1
Basic information
Property: 22119230]00
Use these buttons to display different information for this property
New Search BBSIC II)f0 Values Structures
Permits Sales ~ Feedback Mao Info
Owner/Taxpayer Information
Role Pct Name
City State Country Zip
Owner
Y•.. YELM WA 98597
Taxpayer 100% MARSHALL, PEARL LO[S
407 LONGMIRE ST NW YELM WA 98597
Parcel Information
Situs Address: 407 LONGMIRE STN W
Legal Deacriptlon: 19-1]-2E 2.67A SW-NW COM 920E NELV FRM OLV-YELM RD AT R ANG TO PT
Sect/TOwn/Range: 19 17 2E
Size: 2.58 Acres
Use Code: 11 Single Uni[
TCA Number: 170
Neighborhood: 28M1
Property Type: RESIDENTIAL
Taxable: YES
School District: YELM B.D. #2
Water Source: PUBLIC
Sewer Type: SEPTIC
Office of the Assessor
Patricia Costello, Assessor
2000 Lakeridge Drive SW -Olympia, WA 98502
Customer Service (360)]86-5410 -- Fax (360)]54-2958 -- TDD (360)]54-2933
https://fortrecs.wa.gov/thurstonco/propinfo/propsgl/basic.asp?fe=PS&pn=22719230700 3/13/2006
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Thy rston County Property Inquiry SPL
Page I of 1
Basic information
Property: 21]24140300
Owner/Taxpayer Information
Role Pct Name
Street City State Country Zip
Owner 100% RDS DESIGN LLC
308 CULLENS ST NW YELM WA USA 98597
Taxpayer 100% RDS DESIGN LLC
308 CULLENS ST NW YELM WA USA 98597
Parcel Information
Situs Address: 308 CULLENS 5T N
W
Legal Description: op OO
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SWLY SIDE VAN TRUMP STnINeYELtd ANDe 4~5F NW LVDFROM C/L SOLBERGFST THENCENSION LINE
CONTINUING ON EXT LINE NWLY 400F;
Sect/rown/Range : 24 17 lE
Size: 1.25 Acres
Use Code: 18 Other Resitlential
TCA Number: 170
Neighborhood: 28M1
Property Type: MOBILE-HOME
Taxable: YES
School District: YELM S.D. #2
Water Source: WELL
Sewer Type: SEPTIC
Office of the Assessor
Patricia Costello, Assessor
2000 Lakeritlge Drive SW -Olympia, WA 98502
Customer Service (360)]86-5410 -- Fax (360)]54-2958 -- TDD (360)]54-2933
https://fortress.wa.gov/thurstonco/propinfo/propsgUbasic.asp?fe=PS&pn~1724140300 3/13/2006
Use these buttons to display different information for [his property
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Permits ~ Sales Feedback ~ Mao Info
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Chapter 35.79 RCW
Streets -vacation
Chanter Listino
RCW Sections
35.79.010 Petition by owners --Fixing time for hearing.
35.79.020 Notice of hearing --Objections prior to hearing.
35.79.030 Hearing --Ordinance of vacation.
35.79.035 Limitations on vacations of streets abutting bodies of water- Procetlure.
35.79.040 Title to vacated street or alley.
35.79.050 Vested rights not affected.
[1965c]§35J9.610.Prior:195]c156§2; 1901 c64§1, part; RRS§929]. part.[ 'llfZ
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35.79.020
Notice of hearing-Objections prior to hearing.
~(R~
with a statement of the time and olace fixed for the hearing of the oeffon In all cases where the
proceeding is initiated by resolution of the city or town council or similar legislative authority without a
petition having been signed by the owners of more than two-thirds of the property abutting upon the
part of the street or alley sought to be vacated, in addition to the notice heminabove required, there
shall be given by mail at least fifteen days before the date fxed for the hearing, a similar notice to the
owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street
or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer,
direIXed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property
owners fle written objection to the proposetl vacation with the clerk, prior to the time of hearing, the
city shall be prohibited from proceeding with the resolution.
35.79.070
Petition by owners -Fixing time for hearing.
11965 c ] § 35 ]9.020. Prior: 195] c 156 4 3; 1901 c 84 § 1, part: RRS § 929], pan.l
35.79.030
Hearing -Ordinance of vacation.
anv Dart thereof. and the ordinance may provide that it shall not become effective until the owners of
property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or
town in an amount which does not exceed one-half the appaised value of the area so vacated. If the
street or alley has been part of a dedicated public right-of-way for twenty-fve years or more, or if the
subject property or portions thereof were acquired at public expense, the city or town may require the
owners of the property abutting the street or alley to wmpensate the city or town in an amount that
does not exceed the full appraised value of the area vacatetl. The ordinance may provitle that the city
retain an easement or the right to exercise and grant easements in respect to the vacated land for the
construction, repair, and maintenance of public utilities and services. A certifed copy of such
ordinance shall he recorded by the clerk of the legislative authority and in the office of the auditor of
the county in which the vacated land is located. One-haH of the revenue received by the city or town as
wmpensalion for the area vacated must be dedicated to the acquisition, improvement, development,
antl related maintenance of public open space or transportation capital projects within the city or town.
12002 c 55 § 1; 2001 c 202 § 1; 19B] c 228 § 1; 1965 c 256 § 1; 1969 c 28 § 4. Prior: 196] ex s. c 129 § 1; 196] c 123 § 1;
1965 c ] § 35.]9.030; prior 195] c 156 § 4; 1949 c 14 § 1', 1901 c 84 § 2; Rem. Supp. 1969 § 9298 ]
35.79.035
Limitations on vacations of streets abutting bodies of water- Procedure.
(1) A city or town shall not vacate a street or alley if any portion of the street or al ley abuts a body of
fresh or salt water unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes,
beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or
educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not
presently being used as a street or alley and that the street or alley is not suitable for any of the
following purposes: Port, beach or water access, boat moorage, launching sites, park, public view,
recreation, or education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or
ordinance, that provides comparable or improved public access to the same shoreline area to which
the streets or alleys sought to be vacated abut, had the properties included in the plan not been
vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the
35 7`i ~iz~-k~~
2~~c (~i.~r-.
Chapter 35.79 RCW
Streets - vacation
Chapter Listing
Do ~,'v+~ t{.o P,~h
RCW Sections
35.79.010 Petition by owners -Fining time for hearing.
35.79.020 Notice of hearing -Objections prior to hearing.
'x5.79,0 i0 Hearing-Ortlinance of vacation.
35.73D35 Limitations on vacallons of streets abutting bodies of
35.79.040 Title to vacated Street or alley.
35.79.050 Vestetl rights not affected.
35.79.010
Petition by owners -Fixing time for hearing.
Ylc~~ i~~~,- L>~~t
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~~,iS
The owners of an interest in any real estate abutting upon any street or alley who may tlesire to vacate the street or
alley, or any part thereof, may Detition the legislative authority to make vacation, giving a description of the property to be
vacaletl, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution
shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property
abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when
the petition will be heartland determined by such authority or a committee thereof, which time shall not be more than
sixty days nor less than twenty days after the date of the passage of such resolution.
[1965 c ] S 3S. ]36ID. Prior 195] c 156 § 2; 1901 c 84 § 1, Parl; RRS § 929], part.]
35.79.020
Notice of hearing -Objections prior to hearing.
Upon the passage of Ne resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by
a written notice posted in three of the most public places in the city or fawn and a like notice in a conspicuous place on
the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate
the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the
petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative
authority without a petition having been signed by the owners of more than two-thirds of the properly abutting upon the
part of the street or alley sought to be vacated, in atldition to the notice hereinabove required, there shall be given by
mail a[ least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots,
tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as
shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, Thal if ffty percent of the
abutting property owners fie written objection to the proposed vacation with the clerk, prior to the lime of hearing, the city
shall be prohibited from proceeding with the resolution.
11965 c ] § 35.]9 020_ Prior 1957 c 156 § 3, 1901 c 84 § 1, pen; RRS § 929], Dart.]
35.79.030
Hearing -Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, or before a cemmittee thereof upon the dale
fixed by resolution or al the time said hearing may be atljourned to. If the hearing is before such a committee the same
shall, following the hearing, repod its recommendation on the petition to the legislative authody which may adopt or
reject the recommendation. Ifsuch hearing be held before such a committee i[ shall not be necessary to hold a hearing
on the petition before such legislative aulhoriry. If the legislative authority determines to grant said petition or any part
thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part
thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the
street or alley, or pad thereof so vacated, shall compensate such city or town in an amount which does not exceed one-
half the appraised value of the area so vacated. If the street or alley has been pad of a dedicated public right-of-way for
twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town
may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does
not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or
the right to exercise and 9rent easements in respect to the vacated land for the constmction, repair, and maintenance of
public utilities antl services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority
and in the offce of the auditor of the county in which Ne vacated land is located. One-half of the revenue received by the
city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and
related maintenance of public open space or transportation capital projects within the city or town.
12002 c 55 § 1; 2001 c 202 § 1; 198] c 228 4 1; 1985 c 250 § 1; 1969 c 28 § d. Prior: 19fi] ezs. c 129 § 1; 1967 c 123 § 1; 1965 c ] §
35 79 G30', Odor_ 195] c 156 § 4', 1969 c 14 § 1; 1901 c 86 § 2; Rem. $app. 1948 § 9296.1
35.79.935
Limitations on vacations of streets abutting bodies of water- Procedure.
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water
unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being
used as a street or alley antl that the street or alley is not suitable for any of the following purposes: Port, beach or water
access, boat moorage, launching sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that
provitles comparable or improved public access to the same shoreline area to which the streets or alleys sought to be
vacated abut, had the propedies included in the plan not been vacated.
(2) Before atlopting a resolution vacating a street or alley under subsection (1 xb) of this section, the city or town shall:
(a) Compile an inventory of all rights of way within the city or town that ahut the same body of water that is abutted by
the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or [own for any of the
following purposes' Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or
education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the
normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley
sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that
anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular offcial
indicating his or her objection; and
(d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b)
of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated.
Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access,
acquidng additional public view sites to a body of water, or acquiring additional moorage or launching sites.
[1981 c 228 § 2.]
35.79.040
Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or lawn council, the property within the limits so vacated
shall belong to the abutting property owners, one-half to each.
[1965 c ] § 35]8.0*C. Prlon 1901 c 84 § 3; RRS § 9299.]
35.79.050
Vested rights not affectetl.
No vested rights shall be affected by the provisions of this chapter.
[1965 c7 § 3513 050. Prior. 1901 c 84 § 4, RRS § 9500.]