Chapter 12.32
STREET AND ALLEY VACATIONS
Sections:
12.32.010 Petition or resolution to vacate.
12.32.020 Filing petition with the city clerk – Fee.
12.32.030 Presentation of petition to public works department.
12.32.040 Notice of public hearing.
12.32.050 Notice of hearing where vacation initiated by council – Objections.
12.32.060 Public hearing – Criteria for granting vacation.
12.32.080 Ordinance granting vacation.
12.32.090 Vacation of portion of area described in original petition.
12.32.100 Compensation and appraisal fees.
12.32.110 Assurance that petitioner meets conditions of vacation.
12.32.120 Property trade in lieu of payment.
12.32.010 Petition or resolution to vacate.
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council to make vacation in the manner hereinafter provided in this chapter and pursuant to Chapter 35.79 RCW, or the council may, itself, initiate by resolution such vacation procedure. The petition or resolution shall be reviewed by the public works department, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, the council, by resolution, shall fix a time when the petition will be heard, which time shall not be more than 60 days nor less than 20 days after the date of passage of such resolution. The petition for vacation shall contain an accurate and correct legal description of the property requested by the vacation. [Ord. 926B § 1, 2014.]
12.32.020 Filing petition with the city clerk – Fee.
The petition, properly signed, and any information forms, shall be filed with the city clerk together with payment of a filing fee as established by resolution of the city council, which shall be paid into the general fund of the city to aid in defraying expenses incurred by the city in checking the sufficiency of such petition and investigating or reporting the facts, and shall not be returned to the petitioner(s) regardless of the council’s action on such petition. [Ord. 926B § 1, 2014.]
12.32.030 Presentation of petition to public works department.
The petition form, information forms, together with written instructions concerning the street vacation procedures, shall be available from the public works department. This information shall be completed and presented to the public works department for approval as to form and content prior to payment of the filing fee as set forth in Appendix A of the CMC. [Ord. 926B § 1, 2014.]
12.32.040 Notice of public hearing.
Upon passage of the resolution fixing time, the city shall cause 20 days’ notice to be given of the pendency of the petition by a written notice in three of the most public places in the city, a like notice to be posted in a conspicuous place on that portion of the street or alley sought to be vacated, a like notice in a newspaper of general circulation in the city, and copies of such notice shall be mailed, at least 15 days prior to the date of hearing, to all owners of abutting property, including the petitioners, at the petitioner’s local address if a resident of the city, otherwise to the last address showing on the records of the county assessor. The notice shall contain a statement that a petition has been filed to vacate the portion of the street or alley described in the notice together with a statement of the time and place fixed for the hearing of the petition and inviting interested persons to appear and be heard for or against the granting of the vacation. Failure to send notice by mail to any such property owner where the current address for such owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed vacation. [Ord. 926B § 1, 2014.]
12.32.050 Notice of hearing where vacation initiated by council – Objections.
In all cases where the proceeding is initiated by resolution of the 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 required in CMC 12.32.040, there shall be 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 assessor, directed to the address thereon shown; provided, that if 50 percent of the abutting property owners shall file written objection to the proposed vacation with the public works department, prior to the time of hearing, the council shall not proceed with the vacation or proceed with the resolution. [Ord. 926B § 1, 2014.]
12.32.060 Public hearing – Criteria for granting vacation.
At the time appointed for the hearing of the petition or resolution, or at such time as the same may be adjourned to by the council, the matter shall be considered and persons desiring to speak for or against the vacation shall be heard. Following such hearing, the council shall determine, among other things, the following:
A. That the vacation will provide a public benefit, and/or will be for a public purpose;
B. That the right-of-way vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole;
C. That the public need shall not be adversely affected;
D. That the right-of-way is not contemplated or needed for future public use, including utility routing or park or pedestrian/bike access;
E. That no abutting owner becomes landlocked or his access will not be substantially impaired, i.e., there must be an alternative mode of ingress and egress by way of a city street or alley, even if less convenient; and
F. That vacation of right-of-way shall not be in violation of RCW 35.79.035. [Ord. 926B § 1, 2014.]
12.32.080 Ordinance granting vacation.
If there are no objections by owners of real estate abutting on the portion of street or alley to be vacated, sufficient to divest the council of jurisdiction, and if the council deems that such vacation shall be to the public’s interest and advantage, the council shall authorize by ordinance the vacation of such street or alley or part thereof, subject to the provisions of this chapter regarding payment of compensation and appraisal fees. Such ordinance may provide for the retention by the city of 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, facilities and services; provided, that the city council may also, if no vested rights are impaired, modified or changed, impose such other conditions or limitations to the granting of the petition for vacation as it deems necessary and proper to preserve any desired public use or benefit. [Ord. 926B § 1, 2014.]
12.32.090 Vacation of portion of area described in original petition.
If, after a hearing, the council determines that the petition cannot be granted in whole, but that a vacation of a portion of the area described in the original petition should be vacated, then the council may order that the portion be vacated. [Ord. 926B § 1, 2014.]
12.32.100 Compensation and appraisal fees.
Following council’s determination that the petitioned right-of-way, or a portion thereof, should be vacated, the director of public works, or the director’s designee, with the assistance of the property owner(s), shall estimate the approximate value of the right-of-way to be vacated in the following manner:
A. Any vacation request shall have an appraisal done to determine the fair market value of the proposed vacation site. The appraisal value shall be determined upon an appraisal performed at the expense of the petitioner(s) to determine the value of the land; provided, however, said appraiser shall be approved by the city.
B. The vacationing party shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. 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 may require the owners of the abutting property owners of the street or alley to compensate the city in an amount that does not exceed the full appraised value of the area vacated.
C. Where the city elects to reserve a utility easement over all or a portion of a right-of-way being vacated, either the petitioner(s) shall pay 10 percent of the appraised value.
D. The city reserves the right to reject any appraisal which the city feels does not adequately reflect land value. It will be the city’s responsibility thereafter to establish the value of the land being considered for vacation.
After value has been determined, the city clerk shall notify the petitioner(s) of the amount of compensation to be paid for the vacated property. The compensation amount shall be paid to the city clerk within 90 days of the date the city council passes the vacation ordinance. Upon such payment, the ordinance shall be published as provided by law. [Ord. 926B § 1, 2014.]
12.32.110 Assurance that petitioner meets conditions of vacation.
In all cases where the payment of compensation by petitioners is required, the vacation ordinance shall not take effect until such time as compensation has been paid. In order to ensure payment, the street vacation ordinance, were passed, shall direct the city clerk not to publish the ordinance until payment has been verified, and in the event such payment has not been received within 90 days of the city council’s adoption of said ordinance, the ordinance shall be null and void. [Ord. 926B § 1, 2014.]
12.32.120 Property trade in lieu of payment.
In lieu of payment of monetary compensation, the petitions may grant or dedicate to the city for street or other municipal purposes real property useful for that purpose where the property to be acquired by such exchange has a fair market value at least equal to the amount of cash compensation that would otherwise be required. The city shall not be obligated to accept such an exchange and the decision of the city council on the acceptability of the alternate property offered shall be final. [Ord. 926B § 1, 2014.]