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Council sets Dec. 11 hearing on vacating 0.47-acre Paradise Park Road parcel to Cowlitz Tribe

2108890 · January 14, 2025
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Summary

Council approved Resolution 484 to set a public hearing on Dec. 11 to consider vacating roughly 0.47 acres of an old Paradise Park Road right-of-way; staff recommended no compensation because the Tribe reconstructed the new alignment in 2017.

The council voted to set a public hearing for Dec. 11 to consider vacating about 0.47 acres of surplus right-of-way along the former Paradise Park Road alignment near the I‑5 northbound ramps, with staff recommending the city not require compensation because the Cowlitz Tribe reconstructed and improved the roadway as part of the 2017 interchange project.

Brian (presenting as city staff) explained the parcel was created when the Tribe relocated and rebuilt the Paradise Park alignment and curb to the east during interchange improvements. He said the city had contemplated the vacation during the earlier interlocal work but did not complete the legal steps at that time. The proposed Resolution 484 would set a public meeting on Dec. 11 to hear public comment and consider an ordinance to vacate the right of way.

Staff described utilities in the area: overhead power lines cross the parcel and would require an easement to remain or coordination with Clark PUD to relocate them; water and sewer lines were moved into the new alignment during the 2017 work and do not remain in the old right-of-way. Staff also recommended reserving utility easements if the vacation proceeds.

Council members asked about potential maintenance costs and liabilities if the city kept the parcel, including past transient encampments and associated cleanup costs. Tracy Coleman, community development and public works staff, said the city mows the area only a few times per year and estimated annual maintenance well under $1,000; she cautioned that refusing the vacation could mean increased maintenance and enforcement costs if development or transient activity increased. City attorney Janine Parker confirmed state law allows the council discretion to require compensation but that it is not uncommon to waive compensation when the requesting party previously reconstructed the roadway.

A motion to set the public hearing for Dec. 11, 2024 was moved and seconded; the resolution passed on a vote with recorded ayes and at least one abstention noted in the minutes. Staff were directed to return at the Dec. 11 hearing with additional details requested by the council, including an estimated parcel value, clearer maintenance cost data, and any needed utility-easement language.

Why it matters: vacating right-of-way transfers control to the Tribe and removes a small parcel from the city’s maintenance inventory, but creates questions about signage, easements for overhead power, and the potential for future development adjacent to I‑5.