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Public hearing set for possible vacation of right of way at 39194 Park Street; council reserves extra date
Summary
City staff told the Finance & Administration Committee on March 24 that NWBF LLC has petitioned to vacate a public right of way adjoining 39194 Park Street and recommended a public hearing for April 14, 2025 at 6 p.m., with April 28 reserved if needed.
The Finance & Administration Committee on March 24 was briefed on a petition from NWBF LLC seeking vacation of a public right of way adjoining property commonly called 39194 Park Street. City staff recommended that the City Council set a public hearing for 6 p.m. on April 14, 2025 and reserve a second date, April 28 at 6 p.m., in case additional testimony or deliberation is needed.
A city attorney explained the legal process and cited the Revised Code of Washington, noting the statutory requirement to schedule a hearing when a petition is signed by owners representing more than two-thirds of the abutting property. The attorney told the committee, “Under Revised Code of Washington (RCW) 35.79.010, if the petition is signed by the owners of more than two-thirds of the property abutting the right of way, the legislative authority is required by resolution to set a date and time for the hearing to determine whether to vacate the right of way.” The attorney also cited RCW 35.79.030 describing compensation requirements if the right of way has been publicly dedicated or acquired at public expense.
Staff said the petitioner is represented by counsel and that neighboring properties are city-owned, making the petitioner effectively the primary private owner involved. The attorney noted that council action to vacate, deny or condition a vacation is discretionary, and that council could adjourn to executive session after testimony to discuss potential litigation and deliberation.
Committee members had procedural questions about timing and executive-session options; the committee moved to place the resolution setting the hearing date on the consent calendar for council consideration. Committee members expressed no objection to the recommended hearing date(s). The official public hearing where members of the public may testify will be April 14; the April 28 date is reserved for additional testimony or council deliberation/executive session as needed.
What happens next: The city will post notice at the property, mail notices to nearby property owners and publish the hearing in the newspaper as required by the RCW. Council will hold the public hearing on April 14 and may take executive session or deliberative steps afterward. If council decides to vacate the right of way following the hearing, RCW 35.79.030 requires the city to address compensation to the petitioner.
