HomeMy WebLinkAboutVAC - SE 72nd St iy .
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OFFICE OF TilE CITY ATTORNEY a RENTON,WASHINGTON
POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678
GERARD M. SHELLAN, CITY ATTORNEY
ARTHUR L. HAUGAN, ASSISTANT CITY ATTORNEY April 6, 1966
. Ron. Donald W. Custer, Mayor •
City of Renton
. City Hall •
Renton, Washington ,
Re: Vacation - portion of S. E. 72nd Street
. Dear Sir : ,
The City Council requested our office to issue a preliminary opinion on
the City 's proposal to use a portion of S. E. 72nd Street for park purposes,
possibly as a boat launching site. It is our understanding that once the
Council decides, or upon petition of abutting property owners, to vacate
a street pursuant to the provisions of R.C.W. 35.79.019 et seq, then the
tide to the vacated portion will belong to the abutting property owners,
one-half each. Such vacation of a street or
portion
Cxr setnrof
;hat csixrwyD iaanallonger
•
takes place when a finding its made
needed and it would serve no useful purpose to ret,i'in. same.
We assume, of course, in this case that this is a dedicated street, either ,
by Plat or otherwise, as distinguished from a situation where the City has ,
fee title to the right of way without any underlying interest by the abutting
owners. Under the aforecited statute, special reference being made to 35.79.030,
the City may retain an easement in respect tothe vacated land for the construe-
, tion, repair and maintenance of public utilities and services. Therefore, if
a vacation is coetesipiated we know of no Way whereby the Citycould retain
title to the street right of way and then dedicate it: for park purposes. This,
of cUUI5i, ceo be done by the abutting property owners, upon such vacation,
l r Lhoyr al ,. oo !t'i:;i t,O id EQ quit; C; r4i m (leis lat,oreot uoLo f:h; Ct(y, Kvea if
. the H ti cs0f, we 0 i;.locP,c;i of k ;end any Ole ' +o:f 40 0 f t„rent nbeodooed, we
still do not believe that it could be legally designated as a park area since
such use would be inconsistent with that of a street right of way. On the
other hand, if you wanted to use the street as an access way to the beach,
both for pedestrian a3 we11 as vehicular traffic, such project would undoubtedly
be permissible and possibly adjoining property could be acquired for park
purposes and so designated.
• If you need any further information in this matter, please do not hesitate to
call on ues.
W0 remain •
;ours ver ruly�,f
GMS:nd 13,�UGAI 1 /1�V
. cc: City Engineer ' %
City Clerk 'r"y'
Chairman, e C • ►ee l % `� By Gerard M. Shellan •
City Attorney .
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