Bristlecone, Inc. has petitioned to vacate the south 15 feet of Hesper Road right of way in front of their property, Rockwood Subdvision, 2nd Filing, Tract 3-A1.  The subdivision for Rockwood Subdivision, 2nd Filing, was completed in 1979 and dedicated an additional 20 feet of right of way on Hesper Road.  This totaled 50 feet of half right of way, which at the time was required for an arterial street.  This portion of Hesper Road, which is located near South 30th Street West is classified as a local commercial street and not the arterial envisioned in 1979.  The right of way required for a local commercial street is 70 feet or 35 foot half right of way.  There are no plans to change the classification of Hesper Road to an arterial or collector and 35 feet of half right of way is wide enough to construct a full commercial street in the future.  In 2001, Tract 3-A1 was annexed into the city.  A condition of annexation stated that the property owner would petition the City to vacate the south 15 feet of right of way fronting their property and the city would approve it at no cost.  Unfortunately, an agreement can only be found in draft form and no one is able to find a signed copy of the agreement.  City policy on right of way vacation allows a petitioner to vacate property at no cost if they are the original dedicator.  In this case, Bristlecone, Inc. is not the original developer.  Rockwood Sons, Inc. dedicated the right of way on Hesper Road.  Bristlecone, Inc. has the same family as Rockwood Sons, Inc.  The area of the street proposed to be vacated is 10,324 square feet.

The Council may:

• Approve acknowledgment of petition to vacate the above-mentioned right-of-way and set a public hearing for August 13, 2012; or
• Do not acknowledge the petition and terminate the right-of-way vacation process.

The petitioners are requesting that the right of way be gifted to them, however, they did provide a letter of value by a realtor for the right of way.  Daniel Monahan from Metro Realtors has established the value of the right of way at $2.50/sf.  At $2.50/sf, the right of way would be valued at $25,810.00.  If Council declines to approve the right of way vacation as a gift, the petitioner would have to pay the city this amount for the right of way.

Staff recommends that Council acknowledge the receipt of a petition to vacate a portion of Hesper Road and set a public hearing for August 13, 2012.