Chapter 12.45
PUBLIC RIGHT-OF-WAY VACATION
Sections:
12.45.020 Vacations for purposes of rededication.
12.45.030 Individual ROW vacation request.
12.45.040 Pre-application and staff review of ROW vacation request.
12.45.050 Council review of ROW vacation request.
12.45.060 Notice of public hearing.
12.45.070 Public hearing and decision.
12.45.090 Title to vacated areas.
12.45.100 Vacation records to be filed – Costs.
12.45.010 General.
(1) The city may find it appropriate and necessary to vacate a public right-of-way (ROW) (street, court, alley, plat, or other public place) when the public interest will not be prejudiced by the proposed vacation. Example of an instance where the public interest would be prejudiced includes but is not limited to a situation where the vacation would adversely affect public access or hinder efficient development. Vacation may be found to be appropriate and necessary for municipal purposes or to promote public welfare.
(2) No public right-of-way (ROW) may be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the access or market value of such property, unless the city governing body provides for paying damages. If the ROW vacation was requested by an individual as defined in subsection (6) of this section, provision for paying such damages shall be funded by the individual requesting the ROW vacation for a local assessment to be managed by the city but funded by the individual.
(3) Two or more streets, alleys, avenues and boulevards, or parts thereof, may be joined in one proceeding, provided they intersect or are adjacent and parallel to each other.
(4) No ordinance for the vacation of all or part of a plat shall be passed by the council until the city recorder’s office has verified that all city liens and all taxes have been paid on the lands covered by the plat or portion thereof to be vacated.
(5) Any property owner affected by the order of vacation or the order awarding damages or benefits in such vacation proceedings may appeal to the Coos County circuit court within the time and in substantially the manner provided for taking an appeal in civil cases.
(6) For the purposes of this chapter, “individual” means any party, corporation, person or persons. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.020 Vacations for purposes of rededication.
No street shall be vacated when it is proposed by an individual or the city to replat or rededicate all or part of any street in lieu of the original unless the ROW vacation application is accompanied by a plat, prepared by a qualified engineer, showing the proposed manner of replatting or rededicating. If the proposed manner of replatting or rededicating or any modification thereof which may subsequently be made meets with the approval of the city council, it shall require a suitable guarantee that such replatting or rededication is conditioned and will take effect only upon the recordation of such replatting or rededication with the county clerk. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.030 Individual ROW vacation request.
An individual may request a ROW vacation for council action subject to the requirements of this chapter by submitting the following to the public works/community development director (director) or his/her designee as a part of the pre-application meeting as noted in CBMC 12.45.040:
(1) A city ROW application form.
(2) At the discretion of the director, a legal description may be required.
(3) A notarized statement of the individual requesting the vacation that owners of the “real property affected nearby” as defined by state statute have been notified of the pending request before the city. This statement will include a copy of the names and addresses of the owners of real property affected thereby. For the purposes of this section, “real property affected thereby” shall be the land lying on either side of the street or portion thereof proposed to be vacated and extending laterally to the next street that serves as a parallel street, but in any case not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a street is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted.
(4) A map of the ground proposed to be vacated, the purpose and justification for the vacation, and if applicable, a plat showing the proposed manner of replatting or rededication.
(5) Any fees required by the city to process the ROW vacation request. The city recorder shall obtain from the individuals requesting council action on a ROW vacation a sum sufficient to cover the cost of publication, posting and other anticipated expenses. The city recorder shall hold the sum so obtained until the actual cost has been ascertained, when the amount of the cost shall be paid into the city treasury and any surplus refunded to the individual requesting the ROW vacation. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.040 Pre-application and staff review of ROW vacation request.
The individual seeking a ROW vacation shall meet with and submit his/her request to the public works/community development department for director review to verify consistency with CBMC 12.45.030 and routing the proposed ROW request to utility companies and any local, state or federal jurisdiction for review, comment and requests for information and requirements. The city recorder (or designee) shall verify that the notarized statement referenced in CBMC 12.45.030(3) is valid. If the ROW vacation request is found by city staff to accurately reflect the requirements of CBMC 12.45.030, the city recorder shall inform the applicant when the proposed right-of-way vacation request will come to the city council for consideration to initiate a ROW vacation. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.050 Council review of ROW vacation request.
(1) The council may initiate vacation proceedings authorized without consent of property owners. The council may also initiate vacation proceedings upon request of a property owner consistent with this chapter. Notice shall be given as provided by CBMC 12.45.060. No such vacation shall be made before the date set for hearing, nor if the owners of a majority of the area affected, computed on the basis provided in ORS 271.080, object in writing thereto, nor shall any street area be vacated without the consent of the owners of the abutting property if the vacation will substantially affect the market value of such property, unless the city provides for paying damages. If the ROW vacation was initiated by a property owner, paying such damages shall be funded by the individual requesting ROW vacation. If the ROW vacation was initiated by the city without a request from a property owner, provision for such damages may be made by a local assessment, or in such other manner as the city charter may provide.
(2) ROW vacations are authorized by ordinance.
(3) Any property owner affected by the council’s authorization of a ROW vacation or the award of damages or benefits in such vacation proceedings may appeal to the Coos County circuit court in the manner provided for taking an appeal from justice court in civil cases. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.060 Notice of public hearing.
(1) The city recorder (or designee) shall give notice of a council initiation for a ROW vacation and public hearing by publishing a notice at least 14 days before the hearing in the city official newspaper once each week for two consecutive weeks prior to the hearing. The notices shall include an exhibit and description of the ground covered by the ROW vacation, if applicable, give the name and date of the individual who requested council initiation of a ROW vacation, and any objection or remonstrance, which may be made in writing and filed with the city recorder prior to the time of the council public hearing to consider an individual’s request for council to initiate a ROW vacation.
(2) Within five days after the first day of publication of the notice, the city recorder shall cause to be posted at or near each end of the proposed vacation a copy of the notice, which shall be headed, “Notice of Street Vacation,” “Notice of Plat Vacation” or “Notice of Plat and Street Vacation,” or “Notice of Right-of-Way Vacation,” whichever the case may be. The notice shall be posted in at least two conspicuous places in the proposed vacation area at least 14 days before the hearing.
(3) For ROW vacations requested by individuals, the city recorder shall, before publishing such notice, obtain from individuals requesting council’s initiation of a ROW vacation a sum sufficient to cover the cost of publication, posting and other anticipated expenses. The city recorder shall hold the sum so obtained until the actual cost has been ascertained, when the amount of the cost shall be paid into the city treasury and any surplus refunded to the depositor. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.070 Public hearing and decision.
(1) The city council, after holding a public hearing to accept public testimony on a ROW vacation, may authorize a ROW vacation or portion thereof subject to compliance with the following:
(a) The public notice has been provided consistent with CBMC 12.45.060.
(b) The proposal does not conflict with the comprehensive plan, including the adopted Coos Bay transportation system plan (TSP), or other applicable city or state regulations.
(c) The vacation does not prejudice the public interest.
(d) All abutting owners of the property proposed to be vacated did not object.
(e) The majority of the owners of affected property (not less than two-thirds in the area of real property affected thereby as defined in ORS 271.080(2)) did not object to the vacation in writing prior to the hearing.
(f) The vacation will not substantially affect the marketability of abutting property in terms of access, utility services, or protective services, unless the owners of the property consent to compensating the property owner for such adverse effect consistent with CBMC 12.45.050(1). [Ord. 517 § 6 (Exh. 1), 2019].
12.45.080 Conditions.
For ROW vacations initiated by individuals, the council may impose conditions necessary for the vacation, to be provided at the individual’s expense, including but not limited to:
(1) Retention of easements for physical access, public utilities, or other public service facilities and limitations on the use of the area adjacent to those facilities.
(2) Construction or removal of public utilities or other public service facilities and limitations on the use of the area adjacent to those facilities.
(3) Replatting or rededication of land to be vacated.
(4) Improvement of streets or alleys prior to rededication.
(5) At the discretion of the director, a right-of-way survey may be required. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.090 Title to vacated areas.
The title to the street or other public area vacated shall attach to the lands bordering on such area in equal portions. However, where the area has been originally dedicated by different persons and the fee title to such area has not been otherwise disposed of, original boundary lines shall be adhered to and as determined by the county assessor, the street area which lies on each side of such boundary line shall attach to the abutting property on such side. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.100 Vacation records to be filed – Costs.
(1) A certified copy of the ordinance vacating any street or plat area and any map, plat or other record in regard thereto which may be required or provided for by law, shall be filed for record by the city recorder with the Coos County clerk.
(2) If the ROW vacation as noted in CBMC 12.45.050(1) has been authorized by the council as a result of a request of an individual, the individual shall bear the recording cost and cost of preparing and filing the certified copy of the ordinance and the map. [Ord. 517 § 6 (Exh. 1), 2019].
12.45.110 Effective date.
The ROW vacation will become effective subject to compliance with the requirements of CBMC 12.45.100(1). [Ord. 517 § 6 (Exh. 1), 2019].