Chapter 12.24
VACATION OF RIGHTS-OF-WAY
Sections:
12.24.020 Vacation of rights-of-way—Two methods of initiation.
12.24.025 Reapplication procedure.
12.24.030 Petition—Fee, form, appraisal and placement on council agenda.
12.24.040 Referral to city engineer and planner—Survey requirement—Pros and cons fact sheet.
12.24.050 First council action.
12.24.070 Notice of hearing—Objections prior to hearing.
12.24.080 Criteria for council decision.
12.24.090 Vacation by ordinance.
12.24.100 Notice to county auditor and assessor.
12.24.110 Title to vacated right-of-way-Vested rights not affected.
12.24.900 Severability—Governing law in event of conflict.
12.24.010 Authority—Purpose.
Pursuant to Chapter 35.79 RCW, incorporated by reference in RCW 35A.47.020, and further in accordance with provisions of RCW 36.87.090, this chapter is established in order to implement the procedures of state law concerning vacation of all or any portion of the city’s interest in previously dedicated rights-of-way. (Ord. 430 § 2 (part), 1983)
12.24.020 Vacation of rights-of-way—Two methods of initiation.
There shall be only two recognized methods for vacation of all or any portion of the city’s interest in previously dedicated rights-of-way. They are:
A. The city council may itself initiate the vacation procedure established in this chapter by resolution; or
B. The owners of an interest in any real estate abutting upon any previously dedicated right-of-way who may desire to vacate said right-of-way, or any lineal part thereof, may petition the city council to make vacation. In the case of a petition to vacate all or any lineal part of the city’s interest in an existing right-of-way, said petition shall be signed by the owners of more than two-thirds of the property abutting upon the part of such right-of-way sought to be vacated. However, in the case of a petition seeking vacation of the city’s record interest in a right-of-way vacated by operation of law pursuant to the terms of RCW 36.87.090, because the right-of-way was dedicated in a plat filed on or before the twelfth day of March, 1904, and was from the time of the plat’s filing and for a period of five years thereafter unopened, the petition shall be signed by owners of all the property abutting upon the part of such previously dedicated right-of-way sought to be vacated of record. (Ord. 643 § 1, 1989; Ord. 430 § 2 (part), 1983)
12.24.025 Preapplication procedure.
A. Preapplication Request. Prior to submitting a petition for the vacation of any public right-of-way, any person interested in so applying shall submit a written request to the city clerk for a meeting with the city council to discuss the proposal. The request shall generally describe the right-of-way for which vacation is intended to be sought, a statement of the applicant’s reasons for requesting vacation, and a statement as to how the requested vacation meets the policies and criteria for initial consideration of street vacations established by council resolution. No fee shall be required in connection with the preapplication meeting request.
B. Meeting. Upon receipt of a request for a preapplication meeting, the city clerk shall schedule the meeting for the next regular agenda of the council which the business of the council permits. At the meeting, the council may hear from the applicant and any other interested persons concerning the proposal. The council shall determine whether the proposal meets the policies and criteria established by council resolution for the initial consideration of street vacations. If the proposal is determined by the council to meet the policies and criteria, the applicant may then circulate and submit a petition for vacation as provided in Section 12.24.030.
C. Effect of Determination. The determination of the council at the preapplication meeting shall not be a final decision on vacation of the right-of-way. Any determination made at the preapplication meeting and the vacation of any and all public rights-of-way are subject to compliance with the procedures and criteria set forth in Sections 12.24.030 through 12.24.900. (Ord. 643 § 1, 1989)
12.24.030 Petition—Fee, form, appraisal and placement on council agenda.
A. Fee. All petitions for vacation of a previously dedicated right-of-way shall be accompanied by a nonrefundable application fee established by the city council pursuant to such periodic resolution as the council, from time to time, updates and approves. The application fee shall compensate the city for the basic administrative costs, posting expense and publication costs of handling the street vacation application. In addition, the petitioner shall be required to reimburse the city for all actual expenses incurred in processing the application, including legal, engineering, appraisal and recording fees, which expenses shall be paid prior to final adoption of the ordinance of vacation.
B. Form. All petitions shall be on such form as may be prescribed by the city and shall, at a minimum, contain information sufficient to establish the requirements set forth in RCW 35.79.010, including a full and correct legal description of the property sought to be vacated.
C. Appraisal. No petition shall be acted upon until an appraisal of the fair market value of the property to be vacated is completed, except that no appraisal shall be required where the vacation is proposed to clear title to right-of-way vacated by operation of law pursuant to RCW 36.87.090. The appraisal shall be made by a Member of the Appraisal Institute (MAI) selected by the city. The petitioner shall be required to reimburse the city for all costs and expenses related to the appraisal, regardless of whether the street vacation is ultimately granted.
D. Placement on Council Agenda. All petitions shall be filed with the city clerk, who, upon receiving a petition, shall place the matter upon the agenda of the city council at a regular meeting to be held not fewer then ten nor more than forty-five days after the petition and appraisal are filed and the application fee is paid. The city clerk shall notify the petitioner in writing of the date the matter shall come before the city council. (Ord. 682 § 1, 1990; Ord. 643 § 2, 1989: Ord. 430 § 2 (part), 1983)
12.24.040 Referral to city engineer and planner—Survey requirement—Pros and cons fact sheet.
The city clerk shall notify the city engineer and planner of all proposed vacations and the date when the matter will be before the city council for first action, and said officials shall prepare reports relating to the same. It shall be the duty of the city engineer to determine whether or not the location and legal description of the previously dedicated right-of-way proposed for vacation is sufficiently known to the city so that an accurate legal description of the proposed vacation can be known with certainty. If the city engineer determines that these matters are not sufficiently known, then his report to the city council shall so indicate, and a copy of his report shall be delivered to the applicant, if any, at or before the time set for the council’s first action so that the applicant is notified of the necessity of having an accurate professional survey. In addition to the above, the city engineer shall prepare a fact sheet to accompany all street vacation requests in a form created by the engineering department. The fact sheet shall identifiably state all pros and cons for the applicant, abutting or adjacent property owners, and for the city. (Ord. 609 § 1, 1988; Ord. 430 § 2 (part), 1983)
12.24.050 First council action.
At the city council public meeting upon which a proposed vacation first appears as an agenda item, the city council shall:
A. By resolution fix the time for the hearing of such proposal, which time shall not be more than sixty days, nor fewer than twenty days after the passage of such resolution;
B. Determine whether or not an accurate professional survey of the property proposed for vacation, with an accurate legal description of the proposed vacation, shall be made. The petitioner, if any, shall be notified of the necessity of furnishing said survey to the city prior to the public hearing or, if unfurnished by that time, that the city shall not proceed further but shall stay the hearing on the vacation until such survey has been done and the legal description received and approved by the city engineer. (Ord. 606 § 1 (part), 1988; Ord. 430 § 2 (part), 1983)
12.24.070 Notice of hearing—Objections prior to hearing.
A. On the passage of the resolution provided for in Section 12.24.050(A), the city clerk shall give twenty days’ notice of the pendency of the hearing 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. The said notice shall contain a statement that a hearing has been set to consider vacation of the street or alley described in the notice, together with a statement of the time and place fixed for the hearing; provided, that in all cases where the proceeding is initiated by resolution of the city without a petition, there shall be given, in addition to the above-required notice, 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 addresses thereon shown, which notice shall be mailed at least fifteen days before the date fixed for the hearing. Failure to send notice by mail to any such property owner where the current address of such property owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed street vacation.
B. 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 street or alley sought to be vacated, if, prior to the time of hearing, owners of fifty percent of the abutting property owners file written objection to a vacation with the city clerk, the city shall be prohibited from proceeding with the resolution. (Ord. 558 § 1, 1986; Ord. 430 § 2 (part), 1983)
12.24.080 Criteria for council decision.
A. The city council shall not vacate any street, alley or any parts thereof if any portion thereof abuts any body of salt or fresh water unless such vacation is sought to enable the city or state to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes or other public uses. This provision shall not apply to industrial-zoned property.
B. The city council shall not vacate any previously dedicated right-of-way unless, upon all the facts presented in public hearing, it concludes that:
1. The vacation will provide a public benefit or be for a public purpose;
2. The vacation of the right-of-way will not adversely affect the street pattern or circulation of the immediate area of the community as a whole;
3. The vacation will not adversely affect the public need;
4. The right-of-way to be vacated is not contemplated or needed for future public use;
5. There is at least one alternate mode of ingress and egress to all abutting owners, even if less convenient than the existing right-of-way; and
6. The city has no need to retain an easement in respect to the vacated land or that the city shall retain or obtain an easement for the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services; provided, that the city shall not vacate of record a right-of-way vacated by operation of law unless it obtains such an easement to satisfy the public purpose requirement.
C. In addition to subsection B of this section, the city council shall not vacate any fraction of a width of any previously dedicated right-of-way unless, upon all the facts presented in public hearing, it concludes that:
1. The vacation serves the best interests of the city, rather than those of a limited number of property owners;
2. The vacation will not render the remaining right-of-way any more difficult to service or maintain for the city than the original right-of-way;
3. The vacation will not result in irregular right-of-way alignment with abutting and adjacent parcels. (Ord. 1221 § 2, 2009; Ord. 609 § 1 (part), 1988; Ord. 430 § 2 (part), 1983)
12.24.085 Compensation.
A. When Required. Compensation shall be required as a condition of the vacation of any public right-of-way, provided, that no compensation shall be required when the vacation is:
1. Initiated solely by the city; or
2. Proposed in order to clear title to a right-of-way vacated by operation of law pursuant to RCW 36.87.090.
In addition, the city council may, in its discretion, waive compensation when the vacation is applied for by or on behalf of another governmental agency or jurisdiction.
B. Compensation Amount. In all cases where compensation is required, the petitioner shall pay the full amount of the compensation prior to adoption of the ordinance of vacation by the city council. The amount of the compensation required shall be as follows:
1. If the property to be vacated, or any portion thereof, was acquired at public expense, the compensation for vacation shall be an amount equal to the full appraised value of the property vacated; or
2. If none of the property to be vacated was acquired at public expense, but the property was dedicated or donated without the expenditure of public funds, the compensation for vacation shall be one-half of the full appraised value of the property vacated.
All compensation shall be in money, provided, that the council may, in its discretion, agree to accept an offer by a petitioner of a grant or dedication of property or property rights which have a value substantially equal to the value of the property vacated in lieu of a monetary payment. (Ord. 643 § 3, 1989: Ord. 609 § 2, 1988; Ord. 606 § 2, 1988)
12.24.090 Vacation by ordinance.
If the city council determines to vacate all or any lineal part of a previously dedicated right-of-way, the city shall authorize vacation by ordinance. Such ordinance shall specify whether or not compensation has been required and whether or not the city has retained or obtained an easement in respect to the vacated land. If compensation is required, such ordinance shall not be published or become effective until compensation has been paid. (Ord. 430 § 2 (part), 1983)
12.24.100 Notice to county auditor and assessor.
A certified copy of the ordinance vacating any previously dedicated right-of-way shall be filed by the city clerk with the county auditor’s and assessor’s offices. (Ord. 430 § 2 (part), 1983)
12.24.110 Title to vacated right-of-way—Vested rights not affected.
Title to any previously dedicated right-of-way vacated by the city shall belong to the abutting property owners in the same plat, one-half to each; provided, however, that no vested rights shall be affected by the provisions of any vacation. (Ord. 430 § 2 (part), 1983)
12.24.900 Severability—Governing law in event of conflict.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, shall not be affected, and to this end the provisions of this chapter are declared to be severable. Further, in the event of a conflict between the provisions of this chapter and state law, state law shall govern. (Ord. 430 § 2 (part), 1983)