Chapter 12.40
STREET VACATIONS
Sections:
12.40.010 Statement of purpose.
12.40.020 Initiation of vacation.
12.40.030 Petition for vacation.
12.40.050 Submittal requirements.
12.40.100 City council decision.
12.40.110 Vacation of waterfront street.
12.40.120 Compensation for vacation.
12.40.130 Alternative compensation.
12.40.150 Payment of compensation for conveyance.
12.40.160 Recording of ordinance.
12.40.010 Statement of purpose.
The purpose of this chapter is to establish procedures, notice requirements and fees for the vacation of streets and alleys within the city. This chapter is intended to implement the authority granted to the city by Chapter 35.79 RCW and RCW 35A.47.020 and to conform to their provisions. In case of conflict between this chapter and those statutes, the statutory provisions shall be controlling. (Ord. 3525 § 3, 2011).
12.40.020 Initiation of vacation.
The owners of an interest in any real property abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the city council. In the alternative, the city council may itself initiate a vacation by resolution. (Ord. 3525 § 3, 2011).
12.40.030 Petition for vacation.
The petition shall be in a form prescribed by the community and economic development department (CEDD) director, and signed by the owner(s) of more than two-thirds of property abutting the street or alley (based on frontage). Participation by owners of all property abutting the street or alley petitioned for vacation is strongly encouraged. (Ord. 3525 § 3, 2011).
12.40.040 Petition fees.
Every petition for the vacation of any street or alley or any part thereof shall be accompanied by a fee in the amount of $200.00 to defray a portion of the administrative costs incurred in processing the petition, and posting and mailing notices. The fees shall not be refunded under any circumstances. (Ord. 3525 § 3, 2011).
12.40.050 Submittal requirements.
A. Every petition shall be accompanied by the items outlined within MVMC 14.05.210(B) under the heading “street vacations” along with the following: (1) a vicinity map showing the general area of the proposed vacation, (2) a plat map prepared and sealed by a professional land surveyor, registered in the state of Washington, indicating the specific parcels abutting the proposed street or alley to be vacated, (3) an exact legal description of the entire portion of road to be vacated, along with a description of each portion that reverts to a separate abutting property owner, prepared and sealed by a professional land surveyor registered in the state of Washington, and (4) a site plan or a survey. The CEDD director shall make a determination as to whether a site plan versus a survey will be required.
B. Flagging which indicates the boundaries of the street or alley shall be installed if a survey is conducted. (Ord. 3525 § 3, 2011).
12.40.060 Setting of hearing.
Upon receipt of the petition, the fee and all required documents, the CEDD shall determine whether the application is complete. If the application is complete and the petition has been signed by the requisite percentage of property owners abutting the part of the street or alley to be vacated, the CEDD shall bring the petition before the city council, which shall by resolution fix the time when the petition will be heard by the city council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council. (Ord. 3525 § 3, 2011).
12.40.070 Staff report.
The CEDD shall prepare a report concerning the proposed vacation; this report shall address the criteria (see MVMC 12.40.100) to be considered by the city council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the CEDD. In preparing the report, the CEDD shall solicit comments from the public works, fire and police departments, and may solicit comments from other agencies and utility companies having jurisdiction or utilities within the boundaries of the city. The report shall be submitted to the city council and to the representative of the petitioners, not less than five days before the hearing. (Ord. 3525 § 3, 2011).
12.40.080 Notice of hearing.
Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the CEDD shall give not less than 20 days’ notice of the time, place and purpose of the hearing by (1) posting a sign in a conspicuous place upon the street or alley sought to be vacated and (2) mailing written notice to all petitioners at the addresses on the petition and (3) mailing written notice to all property owners, as shown on the records of the Skagit County assessor, abutting the street or alley of which a portion is sought for vacation. The signs shall be at least 11 by 14 inches in size, and shall include a map showing the location of the street or alley proposed to be vacated. (Ord. 3525 § 3, 2011).
12.40.090 Protest.
If 50 percent or more of the owners of the abutting property file written objections to a city council-initiated vacation with the CEDD, prior to the time of the hearing, the city shall be prohibited from proceeding with the vacation. (Ord. 3525 § 3, 2011).
12.40.100 City council decision.
Following the hearing the city council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria:
A. Whether a change of use or vacation of the street or alley will better serve the public;
B. Whether the street or alley is no longer required for public use or public access;
C. Whether the substitution of a new and different public way would be more useful to the public;
D. Whether conditions may change in the future as to provide a greater use or need than presently exists;
E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public;
F. Whether the vacation shall cause any parcel of land to become land-locked; and
G. How and when the street or alley became city of Mount Vernon right-of-way.
If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. (Ord. 3525 § 3, 2011).
12.40.110 Vacation of waterfront street.
The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless said vacation complies with Chapter 35.79 RCW and RCW 35A.47.020. (Ord. 3525 § 3, 2011).
12.40.120 Compensation for vacation.
The owners of the property abutting the area to be vacated shall pay to the city, prior to the recording of the ordinance vacating the area, the full cost of any physical closures and/or road repairs required by the CEDD director and one-half of the fair market value of the area to be vacated. If the area was acquired at public expense or has been part of a dedicated public right-of-way for 25 years or more, the CEDD director may charge the full fair market value of the area to be vacated. (Ord. 3525 § 3, 2011).
12.40.130 Alternative compensation.
A. Conveyance of other property acceptable to the city may be made in partial satisfaction of or in lieu of the required compensation for the vacation of a street or alley, whether the conveyance is required to mitigate adverse impacts of the vacation or otherwise.
B. Where the conveyance of real property is made for street purposes and in exchange for the vacation of a street or alley, one-half of the fair market value of the property conveyed shall be credited to the required compensation payment for the area to be vacated. Where the conveyance is made in fee for purposes other than street purposes, the full fair market value of the property conveyed shall be credited to the required compensation payment for the area to be vacated.
C. Where the value of the conveyed property is less than the required compensation payment, the owners of the property abutting the property to be vacated shall pay the difference to the city. When the value of the conveyed property exceeds the required compensation payment, the city shall pay the difference to the owners of the conveyed property. (Ord. 3525 § 3, 2011).
12.40.140 Appraisals.
A. The city council shall determine the fair market value of the area to be vacated. This determination shall be based upon an appraisal from a state-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The city shall select the appraiser, and the petitioner shall pay all costs associated with the appraisal.
B. The city council shall determine the fair market value of the real property proposed to be granted or dedicated to the city in partial satisfaction of or in lieu of cash payment under MVMC 12.40.130 in accordance with the appraisal procedures set forth in this section. (Ord. 3525 § 3, 2011).
12.40.150 Payment of compensation for conveyance.
After the fair market value of the property to be vacated has been determined in accordance with MVMC 12.40.140, the community and economic development department shall notify the representative of the petitioners of the amount of compensation required for the area to be vacated. The required payment shall be delivered to the CEDD, and, upon receipt of the payment, shall transmit it to the city’s finance department. (Ord. 3525 § 3, 2011).
12.40.160 Recording of ordinance.
A certified copy of the ordinance vacating a street or alley or part thereof, shall be recorded by the applicant in the office of the Skagit County auditor, and a copy of the recorded ordinance shall be returned to the CEDD. (Ord. 3525 § 3, 2011).