Chapter 12.16
STREET VACATION PROCEDURE*
Sections:
12.16.020 Initiation of a vacation of a right-of-way and/or easement.
12.16.040 Council initiation of vacation of right-of-way.
12.16.050 Notice of public hearing.
12.16.070 Limitations on vacations of streets abutting bodies of water – Procedure.
12.16.080 Title to vacated street or alley.
* Prior ordinance history: Ords. 1452, 2106, 2474, 2633 and 2714 and prior code § 9-1301.
12.16.010 Definitions.
A. “Abutting” means the property or real estate immediately across the street or alley and the property or real estate immediately on either side of the petitioner(s). Properties or real estate that are separated by an adjacent street or alley, or separated by another legal lot of record or parcel that is not subject to or part of the vacation petition before the city, are not considered to be abutting.
B. Owner. The term “owner” means the owners of fee title, mortgagors, and/or contract vendees of an interest in real estate.
C. Petitioner. The term “petitioner” means any party who has filed a petition for vacation of a right-of-way, street or alley with the city council. (Ord. 2908 § 1 (Att. A), 2018)
12.16.020 Initiation of a vacation of a right-of-way and/or easement.
A vacation may be initiated by:
A. The city council; or
B. The owners of more than two-thirds of the property abutting the part of the street or alley to be vacated, or, in the case of an easement, the owners of two-thirds of the property underlying the portion of the easement to be vacated.
C. A claim that a right-of-way has been vacated by operation of law is not a basis for filing a petition for vacation. The city shall not opine on whether a right-of-way or easement has been vacated by operation of law. Determinations of whether a right-of-way or easement has been vacated by operation of law should be addressed by the appropriate court of law. (Ord. 2908 § 1 (Att. A), 2018)
12.16.030 Petition by owners.
A. A petitioner shall file their petition for vacation with the city clerk, who will forward it to the Blaine public works department for review.
B. Petition – Filing and Application Fees and Appraisal Deposit.
1. The petition, properly signed, shall be filed with the city clerk upon payment of an application fee and an appraisal fee deposit. The petitioner shall reimburse the city for all of the city’s costs incurred in relation to the petition for vacation in the form of an application fee and appraisal deposits due at the time of the filing of the petition for vacation, and a final payment reimbursing the city for all city costs and expenses incurred in relation to the petition for vacation payment of which shall be a condition of any vacation and due to the city immediately upon delivery of an invoice from the city. The appraisal deposit shall be credited solely towards the cost of an appraisal or appraisal review incurred by the city in relation to the proposed vacation.
2. The application fee and appraisal fee deposit shall be paid into the general fund of the city to aid in defraying of expenses incurred by the city including but not limited to appraising the property, checking the sufficiency of such petition, providing notice of the public hearing and investigating or reporting the facts, city attorney fees or other costs and expenses incurred by the city in relation to the vacation petition, and shall not be returned to the petitioners, regardless of the city council’s action on such petition. The amount of the fees shall be determined as follows:
a. The minimum application fee as established in the current unified fee schedule;
b. An appraisal fee deposit and/or appraisal review fee deposit of $1,000.
3. In the event that the application fee, appraisal deposit and/or the appraisal review deposit, set forth in subsection (B)(2) of this section, is insufficient to reimburse the city for all of the city’s costs and expenses incurred in relation to the vacation petition, the balance, together with any compensation for the area being vacated, shall be paid by the petitioner immediately upon receipt of an invoice. A vacation ordinance shall not be effective until such time as the petitioner(s) pay all sums due to the city, including any compensation due to the city for the vacated right-of-way and payment of all of the city’s costs and expenses that are to be reimbursed by the petitioner(s). The city may withhold recording a vacation ordinance until such time as all such compensation, fees and reimbursements are paid in full.
C. Sufficiency of Petition/Complete Application.
1. A petition will be deemed sufficient and complete upon the satisfaction of the requirements of this section as determined by the city public works director. A petition is deemed sufficient when the petition is signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated and all fees are paid when required.
2. Survey Requirement. When determined by the city public works director, a petitioner may be required to provide a surveyed legal description and graphic exhibit of the right-of-way proposed to be vacated, including marking upon the ground the location of the proposed vacation. When a survey is required, the city shall not proceed with processing the vacation petition until such a survey has been prepared and provided to the city as required by the city public works director.
3. For the purpose of determining the sufficiency of signatures of owners of private property on the petition or consent to vacate as determined by the city, the following rules shall govern:
a. The signature of the owner of the property as set forth in the Whatcom County assessor records and confirmed by a title report if required by the public works department;
b. In the case of property subject to a contract of purchase, the signatures of the contract grantor and grantee shall be required;
c. In the case of ownership by corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the bylaws of the resolution, certified by the secretary of the corporation, granting such authority; and
d. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property.
D. No petitioner may withdraw his or her petition or consent after city council has set a time for hearing. (Ord. 2908 § 1 (Att. A), 2018)
12.16.040 Council initiation of vacation of right-of-way.
The city council may initiate, by resolution, the vacation of any existing right-of-way. The resolution shall contain a legal description and map of the area proposed to be vacated. (Ord. 2908 § 1 (Att. A), 2018)
12.16.050 Notice of public hearing.
A. If the petition is determined to be sufficient by Blaine public works department, or after the city council initiates a vacation by resolution, the city council, by resolution, shall fix a date, time and place for a public hearing, at which time the petition will be heard and determined by the city council, and which time shall not be more than 60 days nor less than 20 days after the date of the passage of such resolution.
B. Upon the passage of the resolution setting the public hearing, the city clerk shall give 20 days’ notice of the pendency of the petition by a written notice posted in three of the most public places in the city and a like notice in a conspicuous place on the street or alley sought to be vacated.
1. In accordance with the above requirements, at a minimum, the written notice shall be:
a. Posted in Blaine City Hall;
b. Posted in three conspicuous places on that portion of the street or alley sought to be vacated, or at a nearby location that can be viewed by the public;
c. Published in the official newspaper for the city of Blaine; and
d. Posted on the city’s website.
2. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition.
C. In all cases where the proceeding is initiated by resolution of the city council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be:
1. Given by mail at least 15 days before the date fixed for the hearing a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown.
2. If 50 percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. (Ord. 2908 § 1 (Att. A), 2018)
12.16.060 Public hearing.
A. The hearing on such petition shall be held before the city council on the date fixed by resolution or at the time said hearing may be adjourned to.
B. If the city council determines to grant said petition or any part thereof, the city shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate the city for all sums due (including applicable land value and full reimbursement for legal, survey and appraisal costs) and comply with any other condition imposed by the city council.
C. If the street or alley has been part of a dedicated public right-of-way for 25 years or more, or if the subject property or portions thereof were acquired at public expense, the city shall require the owners of the property abutting the street or alley to compensate the city in an amount that does not exceed the full appraised value of the area vacated, and the ordinance may provide that it shall not become effective until such payment and all other sums due have been received from the owners of property abutting upon the street or alley, or part thereof, so vacated, and complies with any other condition imposed by the city council.
D. The ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.
E. One-half of the revenue received as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects.
F. A certified copy of such ordinance shall be recorded by the clerk of the city council and in the office of the auditor of the county in which the vacated land is located. (Ord. 2908 § 1 (Att. A), 2018)
12.16.070 Limitations on vacations of streets abutting bodies of water – Procedure.
A. If any portion of a street or alley abuts a body of fresh or salt water, it shall not be vacated unless:
1. The vacation is sought to enable the acquisition of property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
2. By resolution, the city declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought to enable the implementation of a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
B. Before adopting a resolution vacating a street or alley under subsection (A)(2) of this section, the city shall:
1. Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Conduct a study to determine if the street or alley to be vacated is suitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
3. Hold a public hearing on the proposed vacation in the manner required by this chapter, where, in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and
4. Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest.
C. In addition to the limitations enumerated in subsections (A) and (B) of this section, the street ends of G Street, H Street, Martin Street, Clark Street, Boblett Street and Cherry Street lying west of Peace Portal Drive shall be maintained from this day forward as public access and view corridor reserves.
D. No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 2908 § 1 (Att. A), 2018)
12.16.080 Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each, unless otherwise provided by law. (Ord. 2908 § 1 (Att. A), 2018)