• Right-of-way vacation of approximately 7,117 square feet of unimproved street right-of-way, which is a portion of a larger right-of-way turnback from WSDOT;
• There are existing utilities within the proposed vacation area;
• Existing public stormwater facilities will be reconfigured to improve stormwater operations and accommodate the proposed vacation;
• Proposed vacation eliminates excess and unused right-of-way;
• Staff recommends Council require full compensation of current market value for the vacated area in the amount of $136,000.

Staff has received a request from Hawes Ventures, LLC, to vacate a portion of SE Brady Road right-of-way located at the northwest corner of the intersection of SE 192nd Avenue and SE Brady Road. The right-of-way is specifically located within the Northwest Quarter of Section 8, Township 1 North, Range 3 East, Willamette Meridian.

This right-of-way area is a portion of a larger area which was conveyed to the City of Vancouver from the State of Washington with a quitclaim deed dated June 2, 2021, and Turnback Agreement No. TB4-0095, dated April 11, 2019. The terms of the quitclaim deed indicate that written approval must be given by WSDOT to vacate any portion of the turnback right-of-way area for non-transportation uses. Pursuant to this requirement, staff received a Letter of Surplus, dated October 3, 2023, indicating that WSDOT has reviewed and approved the proposed vacation.

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 utilities within the area of the proposed vacation, specifically stormwater structures and stormwater mains. City staff in the stormwater division have provided the applicant a stormwater reconfiguration plan to accommodate the proposed vacation and improve stormwater operations. The applicant has accepted the reconfiguration plan and has agreed to reconfigure the existing stormwater facilities per the direction of staff. The necessary stormwater system alterations must be constructed by the applicant prior to the proposed vacation being finalized.

CenturyLink has indicated that they have no objections to the proposed vacation but stipulated that if any CenturyLink facilities are found within the vacated area, the applicant will be required to relocate them. An existing conditions survey provided by the applicant appears to indicate that Clark Public Utilities (CPU) may have electrical lines running through a portion of the subject area. CPU has indicated that they have no objections to the proposed vacation but stipulated that all CPU facilities must be protected with appropriate easement(s). Therefore, to accommodate the various utilities located in the vacation area, the applicant will be required to provide public utility easement(s) under and over a portion of the vacated area for the construction, repair and maintenance of public utilities and services. The necessary easement dedication documents must be prepared and recorded by the applicant prior to the proposed vacation being finalized.

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 vested property rights. The area proposed to be vacated is surrounded by property owned by the applicant. Therefore, the entirety of the vacated area will be conveyed to 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 conveyed to the City of Vancouver from the State of Washington via turnback agreement and quitclaim deed. The property was acquired at public expense when WSDOT originally acquired the property. The City has not constructed any street improvements within the subject right-of-way, but has performed basic maintenance of this right-of-way area as necessary to provide access to the existing public utilities. Further, the vacated area will be utilized by the applicant for a proposed commercial development. Based on these circumstances, staff recommends the imposition of compensation equal to 100% of the total appraised property value.

The City commissioned an appraisal of the subject right-of-way, which identified a fair market value of $120,000. WSDOT reviewed the appraisal and felt that the value was slightly low. WSDOT identified additional property sales comparisons to augment the information in the appraisal, and indicated that they will accept a market value of $136,000.  Per the provisions of VMC 11.05.120, the sum of $136,000 shall be paid to the City prior to the right-of-way vacation becoming effective.

1. Allows the vacated property to be placed on the tax rolls.
2. Allows the applicant to maximize use of the abutting property.
3. Relieves the City of maintenance and liability obligations for the property.