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STAFF REPORT TO CITY COUNCIL <br /> FOR THE PROPOSED VACATION OF <br /> a portion of Mountain View Lane <br /> W.O.# 3209 <br /> July 14, 2004 <br /> The proposed vacation area known as a portion of Mountain View Lane lying East of <br /> South Broadway and West of Interstate 5 contains an area of approximately 7,990 <br /> square feet which is zoned C-1(General Commercial). <br /> FINDINGS OF FACT AND CONCLUSIONS OF LAW: <br /> FINDING: R.C.W. 35.79.010 allows property owners abutting a public <br /> right-of-way to petition for the vacation of said right-of-way, <br /> and if said petition represents more than two-thirds of the <br /> property abutting said right-of-way, the legislative authority <br /> shall fix a time and date for said petition to be heard. <br /> CONCLUSION: A valid petition representing more than two-thirds of the <br /> abutting property owners was received, and 8:30 A.M. July <br /> 14, 2004 was set as the time and date for said petition to be <br /> heard. <br /> FINDING: R.C.W. 35.79.020 requires the City Clerk to give twenty <br /> (20) days notice of pendency of said hearing on the petition <br /> by written notice posted in three (3) of the most public <br /> places in the City, and a like notice to be posted in a <br /> conspicuous place on the right-of-way to be vacated. <br /> CONCLUSION: Said notices were posted as required. <br /> FINDING: R.C.W. 35.79.030, in part, allows the City the right to retain <br /> an easement, or to exercise and grant easements in respect <br /> to the vacated land for the construction, repair, and <br /> maintenance of public utilities and services. <br /> CONCLUSION: Public Works Department, has requested that an <br /> easement be retained over a portion of the right of way, if <br /> vacated. <br />