mcguire ltr
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
October 11, 2006
John McGuire
307 NW Longmire Street
Yelm, WA 98597
Dear Mr. McGuire:
I received your email this morning, regarding Ordinance Number 848.
The process for vacating right-of-way is governed by Chapter 35.79 Revised Code of Washington (RCW). Section 35.79.040 RCW states; If any street or alley in any city or town is vacated
by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. The City does not have the power to decide who
gets title to a vacated public street, only if the public interest in the street should be vacated. The vacation statute governs who gets property once vacated.
We mailed a public hearing notice in May of 2006, I am surprised that you did not receive that notice, as you have responded to other public notices sent in the past.
I have a memorandum of understanding, signed by Pearl Marshall on March 7, 2006, that when the vacation is completed, she grants the ½ portion of right-of-way back to the abutting property
owner through a boundary line adjustment. This boundary line adjustment has not yet been applied for.
I have contacted RDS Design to expedite the Boundary Line Adjustment to assist you in the completion of your loan consolidation. Your other recourse is to apply for adverse possession
from Ms. Marshall, however the Boundary Line Adjustment should be much faster and cleaner for all involved.
If you have any further questions please feel free to give me a call at (360) 458-8496.
Sincerely,
Tami Merriman
Associate Planner
Department of Community Development