Planning staff briefed Council Committee A on July 1 about a pending street‑vacation application for a portion of 80 Fourth Avenue West, explaining that the request — filed in October 2024 — covers 23,684 square feet of Edmonds right of way and is complicated by adjacent WSDOT‑owned parcels and an older WSDOT deed with a reversionary clause.

Staff said applicant David Leiser (referred to in the packet as Mr. Leiser) also applied to WSDOT to buy the adjacent state parcels. Because the WSDOT parcels were deeded as individual lots but WSDOT staff consider the strip surplusable only as a collective piece, WSDOT told the city it would offer a first right of refusal to the two adjacent private owners (the applicant and a neighbor identified as Cam Nell). If the adjacent owners cannot agree, WSDOT said the property would go to public auction.

Jeanne, the city planner presenting the application, told the committee the 1979 dedication from WSDOT to Snohomish County includes a reversionary clause that returns title to WSDOT if the land ceases to be used for road purposes. Jeanne said the city sought legal clarification and engaged with WSDOT and the city attorney’s office; she reported that WSDOT’s attorney general determination was the city would not receive monetary compensation for improvements if the property reverted to the state.

Utilities and infrastructure on the site complicate development. Staff noted a city storm system runs in the right of way, while water and sewer are under Olympic View Water and Sewer District jurisdiction; Puget Sound Energy (PSE) has a large gas transmission line that would be expensive to realign. Jeanne said staff could retain easements for Edmonds utilities and for Olympic View if the vacation proceeds, but that rerouting large utilities would be addressed at the time of future development permits. Staff also said part of the run was placed underground when sidewalks were redone to reduce the chance of damage.

City attorney Jeff Terady said it was not clear that converting the property to a public park would be possible without buying it from WSDOT because the deed’s reversionary language would likely cause the land to revert on vacating as right of way. He said, “My initial hunch is that if it were to become a park, it would require some sort of purchase for that to happen.”

Staff recommended a public‑hearing process after the council considers the proposed street‑vacation code update now before council; staff proposed the code update be adopted first because the update would allow conditions of approval, including retaining easements or monetary compensation, which current code does not permit in a single transaction. Staff gave this tentative schedule: City Council introduction August 4, public hearing August 12, and possible adoption September 23. Committee members asked substantive questions about zoning, access, possible park use, and utility easements; staff said the council could deny or accept the vacation with conditions.

Next steps: staff requested a public hearing and said the item would be scheduled in coordination with the pending street‑vacation code update.