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Council approves vacation of right-of-way at 514 E. First Ave., authorizes license agreement

6172673 · October 21, 2025
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Summary

Following a public hearing with no public testimony, Kennewick City Council unanimously adopted an ordinance vacating a portion of right-of-way abutting 514 East First Avenue and authorized a license agreement to allow a planter to remain in the remaining right-of-way.

Kennewick City Council on Oct. 21 unanimously adopted an ordinance vacating a portion of public right-of-way that encroached on a building at 514 East First Avenue and authorized the city manager to sign a license agreement permitting a planter strip to remain in the adjacent right-of-way.

Public Works Director John Kelly told the council that a recent property survey showed a portion of the building and an attached planter were located in city right-of-way. He said staff reviewed the proposal with affected utilities and determined the city does not expect to need that specific strip of right-of-way in the future.

“[The proposal] is a portion of right-of-way vacation and a license agreement located at 514 East First Avenue,” Public Works Director John Kelly said during his staff report.

The city opened a public hearing; no members of the public signed up or spoke on the items, and the hearing was closed before council action. Council Member Milbauer moved to adopt the ordinance, seconded by Council Member McShane; the clerk recorded the vote as unanimous. Council Member Anderson later moved to authorize the city manager to sign a license agreement for the planter strip, seconded by Council Member Milbauer; that vote was also unanimous.

Council members asked staff whether other nearby properties shared the same encroachment and whether additional right-of-way to the west should be included; staff said the only building identified in that situation was the subject property and that the city retained utility infrastructure (a fire hydrant and sewer manhole) farther west, so staff limited the vacation to the area occupied by the building.

The ordinance and license agreement will allow the property owner to complete improvements identified in a recent survey without further encroachment in public right-of-way. The council did not specify any additional conditions beyond authorizing the manager to sign the license agreement.

The city clerk recorded the actions as part of the evening’s consent and public hearing items.