Staff has received a request from Larry Nielsen to vacate a portion of right-of-way associated with SE 189th Avenue, located on the north side of SE 15th Street. The right-of-way is specifically located within the Southeast Quarter of Section 31, Township 2 North, Range 3 East, Willamette Meridian.
This right-of-way area was dedicated as part of the Nielsen Short Plat, which was platted in the jurisdiction of Clark County and recorded in 1992 (Book 2, Page 634). At the time, none of the surrounding properties had been subdivided yet, and it is assumed that the County intended this right-of-way to be the east half of a right-of-way corridor to accommodate the future construction of SE 189th Avenue northward from SE 15th Street. However, subsequent subdivisions of the abutting properties to the west did not include dedication of the west half of the right-of-way corridor, so it is no longer possible or necessary to construct SE 189th Avenue at this location.
The right-of-way to be vacated contains no public street improvements. Staff has reviewed the City’s Transportation Systems Plan and determined there is no future need for this right-of-way to accommodate public travel. Therefore, vacation of this right-of-way will have no adverse impact on the City’s transportation assets.
Staff has contacted all utility owners with facilities potentially located within the subject area. The City of Vancouver has no public utilities within the area of the proposed vacation. CenturyLink (Lumen) has indicated that they have no objections to the proposed vacation. Clark Public Utilities (CPU) has indicated that they have no facilities in the vacation area. NW Natural has indicated they have no objections to the vacation.
Generally, under VMC 11.05.130, the property associated with a vacated street belongs to the abutting property owners, one-half to each, subject to established property rights. However, Washington State case law has established precedent that a property owner abutting a street vacation that never possessed the underlying property has no claim to the vacated area, and the vacated area is therefore returned to the originating property. The original dedication of this right-of-way was provided exclusively by the platting of the underlying parent property (Nielsen Short Plat, Book 2, Page 634). Therefore, the entirety of the vacated area will be conveyed back to the originating property which is now owned by the applicant.
RCW 35.79.030 provides for, but does not require, the City to collect compensation for the value of public right-of-way that is vacated. Further, VMC 11.05.120 stipulates provisions for the City to calculate and collect compensation for vacated public right-of-way. As discussed above, this right-of-way was dedicated to Clark County via platting of the underlying parent property; the property was not acquired at public expense. Staff has determined there is no future need for this right-of-way to accommodate public travel. The City has not constructed any street improvements within the subject right-of-way, and is not known to have performed any maintenance of this right-of-way area. Based on these circumstances, pursuant to VMC 11.05.120.D, staff recommends that no compensation be required for the vacated property.