McGuire Letter with Attachments 001City of Yelm
)evelopment Department
i Yelm Avenue West
P.O. box 479 ~"
Yelm, WA 98597 axtll-1!1 ~~~ )~
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.
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The process for vacating right-of-way is governed by Chapter 35.79 Revised Code of
Washington (RCW). Section 35.79.040 RCW states; I/any street or alley in any city or town is
vacated by the city or town council, the property within fhe limits so vacated shall belong to the
abutting property owners, one-hat/ 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 %: 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,
~ll1r, ~ ~~~~~~~~
Tami Merriman
Associate Planne
Department of Community Development
(360) 4i8-3835
(360) 458-3144 FAX
www.ci.ye(m.wa.ue
Page 1 of 1
Tami Merriman
From: John McGuire [yelmite@msn.com]
Sent: Tuesday, October 10, 2006 8:13 PM
To: Tami Merriman
Cc: Sharon
Subject: Ordinancae No. 848
Tami - We were in the process of a consolidation of a loan, against our property at 307 NW
LONGMIRE ST. Yelm, WA, and the Title Company of "Thurston County Title Company" came back
to our Credit Union stating that the:
"2. Right ,title interest of Pearl Marshall as to the Northeasterly 25 feet of said premises as a
result of City of Yelm Ordinance 848, recorded June 6, 2006 under Auditor's File 3837700,
vacating that portion of Stevens Street lying between the Westerly right-of-way line of Longmire
Street and the Easterly right-of-way line of Cullens Road."
Prevented us from getting our Loan. The accompany paper work shows that we are to release
twenty-five (25') feet of our property to Pearl Marshall because of the release of Stevens St. this
would require us to to release our garage and part of our kitchen and dining room which has been
built on our property since the late 1950's. This is can be confirmed by contractors who have
remodel the exiting home and by neighbors and by aerial photos of the property.
I believe that the City of Yelm has an obligation of correcting their assessment of the release of
Stevens Street according to the City of Yelm's Ordinance 848.
It is future, in my opinion that neither myself not Pearl Marshall were notified that this Ordinance
was being proposed and that it should not have been approved by the City of Yelm.
We look forward to your response to this request and await your response.
John A. McGuire
Kathy C. McGuire
307 NW Longmire St
Yelm, WA 98597
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10/10/2006
um Address
y of Yelm
ni Merriman
Box 479
m, WA 98597
COPY SUBMITTED
FOR RECORDING
Document title(s) (or transactions contained therein):
L City of Yelm Ordinance No. 848
Re[erence Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. City of Yelm
Grantee(s) (Last name, first Dame, middle initial
1. Ritter, Scott L
2. Marshall, Pearl L
3. McGuire, John
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
A ponion of Stevens Street Right-of--Way in [he NW '/. of Section 17, Township 17N, Range
2E, lying between the westerly Right-of--Way line of Longmire Street and the easterly Right-
of-Way line of Cullens Road, Thurston County, Washington
AssessorOs Properly Tax ParceUAccount Number:
N/A
IIIIIII VIII IIIIIII III IIIIIII III IIIIIII III VIII IIII IIII PBOfi LBO Co•13Ya.
CITY OF YELM
ORDINANCE NO. 848
AN ORDINANCE VACATING THE STEVENS STREET RIGHT-OF•WAY IN THE NW 1/4
OF SECTION 17, TOWNSHIP 17 NORTH, RANGE 2 EAST 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 abuttingtheright-of--way described below;
WHEREAS, the Yelm City Council has held aduly-noticed public hearing regarding the request
and finds that such vacation would be in the public interest; and
NOW, THEREFORE, THE CITY COUNCR, OF THE CITY OF YELM DOES ORDAIN AS
FOLLOWS:
Secton 1. That the portion of Stevens Street tight-of--way in the NW 1/4 of Section 17,
Township 17 Notch, Range 2 East lying between the westerly rightof--way Tine of Longmire
Street and the easterly rightof--way line of Cullers Road, Thurston County, Washingran is
hereby vacated.
Section 2. That title to said rightof--way shall vest m 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.
Secion 4. This Ordinance shall be effective on May 24, 2006, being a date not less than five
days following publication.
Ron Harding, ayor
Authenticated:
lf'f~/>, ~:~ ~~u ,rte
Agnes~Bennick, City Clerk
Passed and Approved: May ] 0, 2006
Published: Nisquelly Valley New, May 19, 2006
Effective: May 24, 2006
IIIIIII VIII IIIIIII III IIIIIII III IIIIIII III VIII IIII IIII 06806700 02239E
CITY OF YELn OR0 $33.00 Tbu~slon Co. Va.