Council sets public hearing for Tina Lane non-user right-of-way vacation

The Gig Harbor City Council adopted Resolution 13-59 to set a public hearing and proceed toward ordinance readings on a non-user statute right-of-way vacation affecting property now addressed as 3613 Artina Lane.

Public Works Director Jeff Langham explained that non-user statute vacations apply to plats recorded before 1891 and allow the city to return unused right-of-way to adjacent property owners at no cost, subject to administrative fees and a required survey. Langham said the request concerns the portion of the original Columbia Street (now Milton Avenue/Artina Lane area) and that staff will preserve easements for existing utilities and will not vacate an emergency hammerhead turnaround used for emergency access and maintenance.

Langham described the procedural next steps: adoption of the resolution to set the hearing, return for a public hearing and then ordinance reading if the process moves forward. After opening public comment and receiving no speakers on the item, Council member Ekberg moved to adopt Resolution 13-59; the motion was seconded and passed 7–0.

Langham emphasized the limited discretion the city has under the non-user statute: ‘‘In these types of non user statute right of way vacations, the City doesn't really have the ability to charge fees or request appraisals...we essentially have to provide it back to the adjacent property owner if we're not using it for roadway purposes.’’ The council set the public hearing date by adopting the resolution and directed staff to proceed with required notifications and a forthcoming ordinance reading.