Chapter 12.35
RIGHT-OF-WAY VACATION
Sections:
12.35.040 Review standards and guidelines.
12.35.050 Conditions and reservations.
12.35.060 Satisfaction of conditions.
12.35.080 Relationship to state law.
12.35.010 Policy.
Vacations of public rights-of-way are not favored by the city. A person proposing a vacation has the burden of showing the vacation will serve the public interest. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.020 Vacation petitions.
(1) Any person may file a petition with the city recorder for vacation of any property dedicated to or owned by the public. The petition must include a legal description of the property proposed to be vacated prepared by a licensed surveyor, the purpose for which the vacated property ground is proposed to be used, and the reason for the vacation.
(2) The person petitioning to vacate a public right-of-way shall deposit with the city the amount set by council resolution for the cost of publishing and posting notices, conducting a public hearing, and all other expenses incurred by city that are associated with the proposed vacation. If the actual cost exceeds the amount of the deposit, the petitioner shall pay the deficiency before the vacation is completed. If the actual costs are less than the amount deposited, the excess shall be refunded.
(3) The petition shall contain the information required by state law, and:
(a) Documentation demonstrating ownership of the property abutting the area proposed to be vacated and in the affected area; and
(b) A tax map showing the area proposed to be vacated and the affected area;
(c) The requisite number of written consents from owners of properties affected by the vacation as defined by state law.
(4) The city manager has authority to give or withhold consent as to any property owned by the city.
(5) The city council may initiate a vacation by adopting an appropriate resolution. For purposes of this chapter, a city-initiated vacation shall be subject to the same procedures and criteria as a petition, unless otherwise provided, and references to a “petition” below shall include city-initiated vacations. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.030 Review of petition.
(1) On receipt of a petition, other than a city-initiated vacation, the city manager shall place the matter on the council agenda for initial consideration. The city manager may include a recommendation as to whether the council should reject or deny the petition. If the recommendation is to reject the petition, notice to the petitioner shall be provided prior to council’s consideration of the matter. On initial consideration, the council may accept the petition and require staff to process the petition, or reject the petition without consideration. Rejection may occur only after notice to the petitioner.
(2) If council accepts the petition, it shall be reviewed by city staff for a determination of appropriate conditions or reservations. City staff shall then schedule a public hearing before the council.
(3) The city shall then notify all public utility companies and property owners of the petition and the date of the public hearing. Notice shall also be published in accordance with state law. Any responses or comment received shall be provided to council at or prior to the public hearing.
(4) After appropriate notice has been provided, the council shall conduct a public hearing on the proposed vacation. At the hearing, the affected property owner(s) and any other person may present evidence regarding any aspect of the vacation. The council may approve the vacation in whole or in part if it finds it in the public interest to do so, and must deny the vacation if it finds that the vacation is not in the public interest. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.040 Review standards and guidelines.
The standards and guidelines in this section are not intended to be exclusive. The city council, in its sole discretion, on consideration of any factor it determines relevant, must determine whether or not a proposed vacation would be in the public interest.
(1) Right-of-way will not be vacated if it is in use for right-of-way purposes unless the vacation involves a trade of property and the creation of an alternate right-of-way that will be used in place of the existing right-of-way.
(2) Right-of-way will not be vacated if there is a reasonable possibility it will be used for right-of-way purposes at any time in the future, unless the potential future use can be preserved by an easement or other means.
(3) Right-of-way purposes include:
(a) Streets;
(b) Bike paths;
(c) Trails, paths or sidewalks;
(d) Public utilities.
(4) The city may consider the current use, if any, of the right-of-way in determining whether it should be vacated.
(5) The city may consider the history of the property proposed to be vacated, how it was acquired by the public, the cost of acquisition, current value, and the benefit to any adjacent property to which the vacated property will be attached.
(6) Unless there is a strong public interest otherwise, the city shall obtain fair value for any vacated right-of-way, which may be financial payment, dedication of right-of-way of comparable value, or other consideration. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.050 Conditions and reservations.
(1) Approval of a vacation may include conditions or reservations to protect the public interest.
(2) Conditions may include, without limitation, a requirement that other property be dedicated, that the city receive fair value for the vacated right-of-way, that the city recover all costs associated with the vacation, installation of street improvements, or that utilities within the vacated right-of-way be relocated. Any compensation for vacated right-of-way received by city shall only be used for the acquisition of right-of-way.
(3) Reservations may include, without limitation, reservations of utility and access easements. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.060 Satisfaction of conditions.
An ordinance approving a vacation that contains conditions of approval shall not be effective and may not be recorded until the conditions are fully satisfied. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.070 Recordation.
(1) A certified copy of a vacation ordinance shall be filed for record with the county clerk by the city recorder after all conditions are met. The recorder shall also provide a copy of the ordinance after it is recorded with the county assessor, county surveyor and each affected public utility.
(2) No vacation shall be effective until the ordinance vacating the property is recorded by the city recorder with the county clerk. [Ord. 17-852 § 4 (Exh. A), 2017]
12.35.080 Relationship to state law.
The provisions in this chapter are in addition to the provisions of ORS 271.080 through 271.230, but do not supersede them. [Ord. 17-852 § 4 (Exh. A), 2017]