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Planning Commission tables McGraw Street vacation while parties prepare recorded access agreement
Summary
The commission tabled the proposed McGraw Street vacation after staff reported parties are preparing a private agreement to preserve existing shared access; the commission said the agreement should be recorded before the city acts and tabled the item to remain on future agendas.
Bay City Planning Commission members on Jan. 15 voted to table a proposed vacation of McGraw Street after staff and affected property owners agreed that a recorded private agreement spelling out shared access should be prepared before the commission forwards a recommendation to the city commission.
Planning staff said the adjacent property owners want assurances that existing shared access and maneuvering across the gravel area will remain available if the right‑of‑way is vacated. Staff explained that when a right‑of‑way is vacated under city procedure, the vacated land typically is split between adjacent owners; the parties asked for a recorded private agreement (an easement or access agreement) to preserve current access arrangements.
Terry Moultain told the commission he would provide sample easement/agreement templates to the property owners and their attorneys so the document could be recorded at the county register of deeds prior to action by the commission. Moultain said recording the agreement protects future owners performing title searches.
A motion to table the McGraw Street vacation carried; commissioners said tabling keeps the item on future agendas while the parties finalize the agreement. Staff indicated the applicant and affected owners want the agreement in place before the planning commission issues a recommendation to the city commission.
