The YWCA and Bonini Enterprises have petitioned to vacate 10th Street West from Wyoming Avenue to the alley north of Wyoming Avenue.  Both property owners are proposing to develop the adjacent property and would like to utilize the right of way for their developments.  There is no right of way for 10th Street West south of Yellowstone Avenue, which prevents 10th Street West from extending in the future.  It is the staff recommendation that the right of way be vacated with a 20-foot easement preserved for a multi-use path.  With the development of the two properties,  a portion of the multi-use path would be required to be constructed.  With vacation of this right of way, half would revert to each adjacent property owner.  The subdivision on each side of 10th Street West dedicated half of the right of way for the street.  The YWCA was the original subdivider on the east side.  Since 10th Street West was not constructed it is recommended per Administrative Order 56 that the east half of the right of way revert back to the YWCA at no cost.  Bonini Enterprises, the owner of the lot west of 10th Street West, is not the original subdivider who dedicated the right of way and should pay for their half of the right of way. The area of the right of way proposed to be vacated is 8,400 square feet.

The Council may:

• After holding a public hearing, approve the vacation of the above-mentioned right-of-way with the condition that an easement be preserved for a multi-use path; or
• After holding a public hearing, approve the vacation of the above-mentioned right-of-way without the condition that an easement be preserved for a multi-use path; or
• After holding a public hearing, do not approve the vacation.

Charlie Hamwey has established the value of the right of way at $2.25 per square foot.  The west half of the right of way is approximately 4,200 square feet and valued at $9,450.  Because the easement would be located on the east side, the valuation of the west half should not be diminished due to the easement.  The east half should be vacated at no cost in accordance with AO 56.

Staff recommends City Council hold a public hearing and approve the vacation of a portion of 10th Street West with the condition that an easement be preserved by the City.