Hearing examiner orally moves to vacate I-5 Commerce plat and Legacy Court SW right-of-way for tribal purchase

Mark Scheidmeier, the City of Tumwater hearing examiner, orally entered a decision on Dec. 30, 2025, to vacate the I-5 Commerce plat and the associated Legacy Court Southwest right-of-way—an action tied to the Confederated Tribes’ planned purchase and consolidation of the property under application TUM-25-0756. The examiner said he wouldprepare written findings, conclusions and a decision to make the action effective.

The city’s staff report, presented at the hearing by Alex Baruch, described the proposal as consolidating 12 industrial lots into a single parcel totaling approximately 40.12 acres along Legacy Court SW. The site is zoned light industrial, is currently vacant, and has existing infrastructure (water, sewer and stormwater). Baruch said the preliminary plat was approved in October 2020, infrastructure was installed 2020–2021, a plat alteration was approved in April 2022, and the final plat was recorded in September 2022. He also summarized that the Confederated Tribes approached the city about vacating the plat in May 2024, an intergovernmental agreement between the city and the tribe was approved in July 2024, and the property was purchased in September 2024.

Baruch told the examiner that staff recommended approval of the plat and right-of-way vacation subject to conditions, including recording a utility-access arrangement and providing compensation to the city equal to 50% of the appraised value of the vacated right-of-way. "Staff recommends approval of the plat vacation and right of way vacation subject to the conditions outlined in the staff report," Baruch said.

Applicant consultant Mister Carlson asked for two technical edits to the staff report: correcting the application submission date (the applicant said it submitted the application in June 2025, not September) and substituting a recorded "service line agreement" for a traditional easement to give the city access for utility maintenance and improvement. "They are a recorded document, that gives the city, public works department or city crews access to their utilities for maintenance and improvement," Carlson said, describing prior use of such agreements with the city.

Examiner Scheidmeier pressed whether incorporating terms from the existing intergovernmental agreement (IGA)—for example, wetland protections and coordination commitments—should be added as conditions of the plat vacation. City staff and tribal counsel indicated the IGA is binding on both parties; tribal counsel Robbie Kessler said the tribe views those obligations as binding but noted it was unclear whether the IGA terms must also be repeated in the plat vacation document itself.

No members of the public appeared to testify at the hearing. Baruch said one written public comment had been received from the Fox Island tribe requesting an inadvertent discovery plan if future land disturbance occurs; staff noted the plat vacation does not authorize new land disturbance because infrastructure was previously installed.

Scheidmeier said he would prepare written findings and a formal written decision vacating both the plat and the right of way and that the oral entry was not effective until the written decision issued. "I'm gonna go ahead and prepare a decision vacating both the plat and right of way," Scheidmeier said, and indicated he expected to complete the written decision by early to mid next week, subject to staff availability.

The hearing record will include the staff report, the intergovernmental agreement between the city and the tribe, the applicant’s materials and the one written public comment from the Fox Island tribe. The examiner’s written decision will state the precise conditions of vacation, including the required city access arrangement and the compensation approach. The hearing was then adjourned.