Chapter 11.24
STREET VACATIONS
Sections:
11.24.010 Petitions—Initiation—Survey requirements—Preliminary findings.
11.24.020 Hearing time fixed, petition and resolution methods.
11.24.030 Public notice, petition and resolution methods.
11.24.040 Council may not proceed if property owners object.
11.24.050 Report, investigations and recommendations to city council.
11.24.060 Criteria for council decision.
11.24.070 City council decision.
11.24.080 Granting—Conditions.
11.24.100 Amount of compensation by class of right-of-way, payment required.
11.24.110 Trade in lieu of compensation.
11.24.120 Waiving compensation—Other governmental agencies, entities, jurisdictions.
11.24.130 Notice to county auditor, assessor and engineer.
11.24.010 Petitions—Initiation—Survey requirements—Preliminary findings.
(a) Who May Initiate. Vacation of public right-of-way or easements may be initiated by filing with the city clerk/treasurer a properly completed petition by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated, or by resolution of the city council in accordance with the procedures described in RCW Chapter 35.79. “Abutting property,” for purposes of this procedure, means property that touches, adjoins, or is contiguous to the street or alley, sought to be vacated.
(b) Form. All petitions shall be in such form as may be prescribed by the city and shall be in substantial conformance with the statutory form set forth in the annotations to RCW 35.79.010 and contain a full and correct legal description of the portion of the street or alley to be vacated, the typed or printed names of the petitioners, and the typed or printed names and addresses of all property owners abutting the portion of the street or alley sought to be vacated.
(c) Fees and Associated Costs. Any petition for vacation shall be accompanied by an application fee established by the city council. Petitioner(s) shall also be liable to the city for all actual expenses incurred in processing the petition in excess of the normal costs intended to be covered by the petition fee, including legal and engineering fees. At the time a petition is accepted as valid, the city clerk/treasurer shall provide the petitioner with an estimate of such additional expenses as may then be anticipated by staff. If the petition for vacation is approved and additional fees and costs are assessed pursuant to this chapter, including payment of all or a portion of the appraised value of the property, such payments shall become due and payable according to the provisions herein. Failure to meet any payment deadline will nullify the petition.
(d) Sufficiency of Signature. Prior to forwarding the petition to public works for findings, the city clerk/treasurer shall certify the sufficiency of signatures on the petition following these guidelines:
(1) Where property is subject to a mortgage or deed of trust, the signature of the owner(s) shall be sufficient.
(2) In the case of ownership by partnership or corporation, the signature of any officer authorized by the bylaws or resolution of the partners or board of directors shall be sufficient when evidenced by a copy of the section of bylaws or resolution granting such authority.
(3) Where property is subject to a lease, the signature of the lessor shall be required.
(4) In the case of property subject to a life estate, the additional signature of the holder of the life estate shall be sufficient.
(e) Representation by Abutting Property Owners. On receipt of a petition for vacation and confirmation that signatures thereon are sufficient as provided in subsection (d) of this section. The city clerk/treasurer shall confirm that the signatures represent ownership of more than two-thirds of the property abutting that portion of the right-of-way or easement requested for vacation. Any petition failing to meet this criterion shall be returned to petitioner(s) by the city clerk/treasurer, along with a brief explanation of the determination. Petitioner(s) shall have fifteen days from the date the petition is returned to respond with a revised petition. If no response is received within that time, the petition shall be null and void, and the petition fee refunded.
(f) Referral to Public Works Department—Survey Requirements. The city clerk/treasurer shall notify the public works director of proposed vacation and the date when the matter will be before the city council for first action. It shall be the duty of the public works director to determine whether the location and legal description of the proposed vacation of the street or alley proposed for vacation are sufficiently known to the city so that an accurate legal description of the proposed vacation may be made and so that the location of the property proposed for vacation can be known with certainty. If the public works director determines that these matters are not known or are not accurately known, then the city shall notify the petitioner(s) of the necessity of having an accurate, professional survey of the property marked upon the ground and an accurate legal description of the proposed vacation to be furnished to the city. The city shall not proceed with processing the vacation until such a survey has been done and the legal description received.
(g) Preliminary Findings. Upon confirmation that the petition meets criteria in subsection (e) of this section, or on receipt of a council-initiated vacation proposal, public works staff shall prepare preliminary findings on the following:
(1) Whether the street, alley or parts thereof abut any body of salt or fresh water, and if so, whether the vacation is being requested for port purposes, boat moorage or launching sites, viewpoint, recreational or educational purposes or other public use;
(2) Whether the right-of-way is needed or contemplated for future public use;
(3) Whether the request for vacation was initiated to correct a condition created by the applicant in violation of city ordinance; and
(4) Whether the vacation will maintain or create straight and continuous right-of-way lines on at least one side for the full block.
Based on the above criteria, staff may forward the petition to council with a written recommendation that council deny the petition, that council set a public hearing to consider the petition, or that the petition be returned to petitioner for modification prior to further action. (Ord. 1561 § 1, 2006).
11.24.020 Hearing time fixed, petition and resolution methods.
Upon receipt of a petition meeting minimum requirements for signatures and property ownership described in Sections 11.24.010(d) and (e) of this chapter, as well as preliminary findings listed at Section 11.24.010(g), the city clerk/treasurer shall forward the petition and findings to city council for consideration at its next regular meeting. For both petition and council-initiated vacations proposed for public hearing, council shall adopt a resolution setting a time for the hearing which is not less than twenty or more than sixty days from the date of passage of the resolution. (Ord. 1561 § 2, 2006).
11.24.030 Public notice, petition and resolution methods.
(a) At least twenty days prior to the hearing on the proposed street or alley vacation, the city clerk shall issue a single written notice of hearing which shall be:
(1) Posted in Omak City Hall;
(2) 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; and
(3) Published in the official newspaper for the city of Omak.
(b) In addition to the general posting and publication above, the city clerk, at least fifteen days prior to the date fixed for the hearing, shall mail hearing notices directly to owners of all property abutting or across the street or alley from those portions of the street or alley proposed for vacation. This mailing shall be by certified or registered mail with a return receipt. (Ord. 1561 § 3, 2006).
11.24.040 Council may not proceed if property owners object.
In all cases, the city shall be prohibited from proceeding further with the process if fifty percent or more of the abutting property owners file written objection to the proposed vacation with the city clerk/treasurer prior to the time of hearing. (Ord. 1561 § 4, 2006).
11.24.050 Report, investigations and recommendations to city council.
Upon resolution of the city council to set a public hearing to consider a petition, all requests for street vacation, whether by petition or by council initiation, shall be submitted to the public works director who shall prepare a report and recommendations to the city council. The public works director shall investigate and report on at least the following:
(a) Ownership of the property abutting on the street or portion sought to be vacated. Proof of ownership of abutting property by the title insurance or certificates may be required, such proof to be furnished by, and at the expense of, the petitioners upon request of the city clerk;
(b) Whether and in what respect the public may be benefited or harmed by the vacation;
(c) Whether the public benefit of the area’s use is insufficient to justify the cost of maintenance;
(d) Which property or properties will be directly benefited or adversely affected by the vacation, and in which way;
(e) What effect the vacation will or may have upon property served or which might be served by said vacated street, and whether said street has been opened or constructed, and if so, to what standard;
(f) How said street relates to other streets and highways, and whether other portions of the subject street or alley have already been vacated;
(g) Whether the substitution of an alternate way would be more useful to the public;
(h) Whether future changes in conditions may increase public use or need;
(i) How the street or alley sought to be vacated became a public right-of-way;
(j) Whether any utilities now exist in said street, or whether such street may be reasonably necessary for future utility uses;
(k) The necessity or desirability of the city retaining an easement or the right to exercise and grant easements for emergency vehicle access and construction, repair and maintenance of public utilities and services over the land sought to be vacated. (Ord. 1561 § 5, 2006).
11.24.060 Criteria for council decision.
(a) The city council shall not vacate any street, alley or parts thereof if any portion thereof abuts any body of salt or fresh water unless the 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.
(b) The city shall not vacate any previously dedicated right-of-way unless, upon all the facts presented in public hearing, it concludes that:
(1) Granting the vacation will not conflict with the general purpose and objectives of the city’s comprehensive plans for land use, transportation, utilities, drainage, parks, trails and open space;
(2) The vacation will provide a public benefit or be for a public purpose;
(3) Vacation of the right-of-way will not adversely affect the street pattern or circulation of the immediate area or the community as a whole;
(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 meeting city standards for emergency services available to all abutting owners, even if less convenient than the existing right-of-way;
(6) Provision has been made for utility easements where needed to construct, repair and maintain public utilities and services;
(7) The request for vacation was not initiated to correct a condition created by the applicant in violation of city ordinance; and
(8) The vacation will maintain or create straight and continuous right-of-way lines on at least one side for the full block. (Ord. 1561 § 6, 2006).
11.24.070 City council decision.
At the conclusion of the public hearing, the city council may take the following action:
(a) Pass a motion of intent to vacate all or a portion of the requested vacation stating that the city council will, by ordinance, grant the vacation with no conditions;
(b) Pass a motion of intent to vacate all or a portion of the requested vacation stating that the city council will, by ordinance, grant the vacation by means of an ordinance to be effective upon payment of fees and satisfaction by the applicant of all other stated conditions within specified time periods; or
(c) Pass a motion denying the proposed vacation.
(Ord. 1561 § 7, 2006).
11.24.080 Granting—Conditions.
If the city council decides to grant all or a portion of the vacation, such 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, benefit or interest, such as, but not limited to, reserving within the portion of the street or alley which is vacated (1) easements for access, construction, repair and maintenance of public utilities; (2) easements for trails; and (3) easements for other public needs. (Ord. 1561 § 8, 2006).
11.24.090 Appraisals—Classes of right-of-way for purposes of appraisal, call for appraisal, posting of bond, payment required.
(a) Determination of appraised value shall be made by appraisal by a state-certified appraiser of the portion of the street or alley to be vacated with valuation based on current fair market value. Such appraisals shall take into account any retained right of the city for future use which would restrict the private use of the property. For high value parcels or parcels that require complex appraisal analysis to determine the impact of any rights retained by the city, the city may require use of an appraiser with the MAI designation from the Appraisal Institute. For parcels of less than one hundred square feet, the fair market value determination may, at the city’s option, be made based on the assessed value of contiguously adjoining land as shown on the Okanogan County assessor’s property valuation for the adjoining parcel. For purposes of appraisal, all properties within the city primarily used or reserved for use as public ways, including streets and alleys, are declared to be within one of three classes:
(1) Class I. Real property on which the city holds fee simple title and which was acquired at public expense.
(2) Class II. Real property on which the interest of the city is limited to a public easement or right of use for particular purposes and not qualifying under Class III below.
(3) Class III. Easements conveyed to or held by the city for which no public funds have been expended in the acquisition, and which would otherwise be classified as Class II, except for the fact that the original grantor of the easement or dedication has applied for vacation of the same.
(b) Call for Appraisal, Posting of Bond, Payment Required. In the case of Class I or II properties, once city council has made findings in favor of granting the vacation request, it may adopt a motion to approve the petition conditionally, thereby directing the city administrator to secure an appraisal of the subject property. Before the city administrator calls for an appraisal, petitioner(s) shall post a one thousand dollar deposit with the clerk within thirty days of council action following the public hearing to insure payment of the cost of appraisal. Within thirty days of receipt by the clerk of billing for appraisal, the city shall refund any amount owed the petitioner(s) or, if the cost of the appraisal exceeds one thousand dollars, petitioner(s) shall pay the additional amount owed within thirty days of receipt of billing. Payment deadlines herein provided may be extended on discretion of the city council on good cause shown in written application prior to the due date. Failure of applicant to pay either the deposit or the final amount billed by these specified deadlines will nullify the petition. (Ord. 1815 § 1, 2015: Ord. 1561 § 9, 2006).
11.24.100 Amount of compensation by class of right-of-way, payment required.
(a) The amount of compensation required to be paid to the city as a condition precedent to the vacation of a public way shall be determined according to the following criteria:
(1) Class I property shall be considered a sale of a capital asset and shall be compensated for at one hundred percent of its fair market value.
(2) Right-of-way over Class II property shall be compensated for in the amount of fifty percent of the fair market value of said property.
(3) Vacation of Class III rights-of-way shall not require compensation in excess of filing fees.
(b) Upon notification that the amount of required compensation has been established, the petitioner(s) shall have sixty days to deposit such amount, together with other cost of processing not previously paid, with the city treasurer. Upon notification by the city treasurer of the receipt of all sums due, the city council shall, in accordance with its prior motion of approval, adopt an ordinance vacating Class I, II or III property. One-half of the revenue received by the city or town 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 within the city or town. All funds received as compensation pursuant to this section shall be deposited in the city’s street fund or such other fund as council may designate. (Ord. 1561 § 10, 2006).
11.24.110 Trade in lieu of compensation.
In lieu of payment of monetary compensation, petitioner(s) may grant or dedicate to the city for street 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. 1561 § 11, 2006).
11.24.120 Waiving compensation—Other governmental agencies, entities, jurisdictions.
Where vacation or transfer of a public way is applied for by or on behalf of a nonprofit entity or another governmental agency, entity or jurisdiction, or where the city council finds that approval of the vacation provides substantial public benefit, it may waive any compensation except filing fees normally required by this chapter. A transfer or vacation of property on which compensation has been waived under this section shall be accompanied by a covenant providing that the city shall be compensated at current fair market value at the time of any future sale or lease of the subject property by such other governmental agency, entity or jurisdiction. (Ord. 1561 § 12, 2006).
11.24.130 Notice to county auditor, assessor and engineer.
A certified copy of the ordinance vacating any right-of-way shall be filed by the city clerk with the county auditor, county assessor, and county engineers. (Ord. 1561 § 13, 2006).
11.24.140 Effective date.
The ordinance codified in this chapter shall become effective from and after the date of its passage by council, approval of the mayor and publication as required by law. (Ord. 1561 § 14, 2006).