Chapter 13.15
STREET AND ALLEY VACATION PROCEDURES
Sections:
13.15.020 Statement of purpose.
13.15.030 Initiation of vacation.
13.15.040 Petition for vacation.
13.15.060 Survey, vicinity map, plat map and legal description.
13.15.110 Compensation for vacation.
13.15.130 Payment of compensation of conveyance.
13.15.010 Definitions.
A street or alley “vacation” means that the public is letting go of, or “vacating,” the public interest in a property. After a street or an alley is vacated, the public no longer has a right to use the property for access.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.020 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. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.030 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. The petition or resolution shall be filed with the City Clerk.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.040 Petition for vacation.
The petition shall be in a form prescribed by the Director. The petition shall also discuss the criteria set forth in UPMC 13.15.080. The sufficiency of the petition shall be governed by RCW 35A.01.040.
(Ord. 518 § 1, 2008; Ord. 423 § 36, 2004; Ord. 395 § 3, 2003).
13.15.050 Petition fees.
Every petition for the vacation of any street or alley, or any part thereof, shall be accompanied by a fee in an amount established by resolution of the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The petitioner shall be responsible for any additional costs incurred by the City regardless of the outcome of the petition.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.060 Survey, vicinity map, plat map and legal description.
Every petition shall be accompanied by:
A. A survey, containing an exact legal description of the portion of road to be vacated, prepared and sealed by a professional land surveyor, licensed in the State of Washington;
B. A vicinity map showing the general area of the proposed vacation;
C. A plat map prepared and sealed by a professional land surveyor, licensed in the State of Washington, indicating the specific parcels abutting the proposed street or alley to be vacated;
D. The name and address of all property owners for properties that lie within 300 feet of the street or alley to be vacated;
E. Flagging which indicates the boundaries of the street or alley shall be installed when the survey is conducted.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.070 Setting of hearing.
Upon receipt of the petition, the fee and all required documents, the City Clerk shall make a determination whether the petition has been signed by the owners of more than two-thirds of the property owners abutting the part of the street or alley to be vacated. The City Clerk shall then forward the petition and required documents to the Director for further review and action. If the petition has been signed by two-thirds of such owners, the Director shall forward the petition to the City Council that shall, by resolution, fix a time when the petition will be heard and determined by the City Council, or committees of the City Council. The hearing shall be not more than 60 days or less than 20 days after the date of adoption of the resolution. Where the City Council initiates the vacation by resolution, that resolution shall fix a time when the proposed vacation will be heard by the City Council or a committee of the City Council.
(Ord. 518 § 1, 2008; Ord. 423 § 37, 2004; Ord. 395 § 3, 2003).
13.15.080 Staff report.
The Director shall prepare a report concerning the proposed vacation that shall address the following criteria 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 Director:
A. The vacation will benefit the public interest;
B. The proposed vacation will not be detrimental to traffic circulation, access, emergency services, utility facilities, or other similar right-of-way purposes;
C. The street or alley is not a necessary part of a long-range circulation plan or pedestrian/bicycle plan; and
D. The subject vacation is consistent with the adopted Comprehensive Plan and adopted street standards.
In preparing the report, the department shall solicit comments from Police, Fire and other City departments and other governmental agencies which may be affected by the right-of-way vacation, and utilities operating within the City. The report shall be submitted to the City Council, or the City Council committee hearing the matter, and to the petitioners, not less than five days before the hearing.
(Ord. 518 § 1, 2008; Ord. 423 § 38, 2004; Ord. 395 § 3, 2003).
13.15.090 Notice of hearing.
Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation, the City Clerk shall give notice of the time, place and purpose of the hearing as set forth in RCW 35.79.020 and by:
A. Publishing written notice once in the City’s official newspaper;
B. Posting a placard in a conspicuous place at each end of the street or alley sought to be vacated. The placards shall be highly visible and 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; and
C. Mailing written notice to all petitioners at the address on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Pierce County assessor. In addition, notice shall be given to the owners of property which lie within 300 feet beyond the street or alley to be vacated, measuring in both directions from the area to be vacated.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.100 Protest.
If 50 percent or more of the owners of the abutting property file written objections to a City Council resolution setting a hearing to vacate a street or alley with the City Clerk, prior to the time of the hearing, the City shall not proceed with the vacation.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.110 Compensation for vacation.
A. Where a vacation has been initiated by petition, the owners of the property abutting the area vacated shall pay to the City, prior to the effective date of the ordinance vacating the area, a sum equal to one-half of the appraised value of the area vacated plus the full cost of physical closure and road repairs as set by the City Council in the vacation resolution, as requested by the Director; provided, that where the vacation was initiated by the City or was required by the City as a condition of a permit or approval, the owners of property abutting the area vacated shall not be required to pay such sum; and provided further, that where the area vacated was acquired at public expense, the owners of property abutting the area vacated shall pay to the City a sum equal to the full appraised value of the area to be vacated.
B. Conveyance of other property acceptable to the City may be made in lieu of the required payment, whether required to mitigate adverse impacts of the vacation or otherwise. When the conveyance is made for street purposes, one-half of the fair market value of the land conveyed shall be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed shall be credited to the required payment.
C. When the value of the in-lieu parcel is less than the required payment, the petitioners shall pay the difference to the City. When the value of the in-lieu parcel exceeds the required payment, the City shall pay the difference to the petitioners.
(Ord. 518 § 1, 2008; Ord. 423 § 39, 2004; Ord. 395 § 3, 2003).
13.15.120 Appraisals.
A. The Director may determine the appraised value of the area vacated based on an appraisal from a State-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. To obtain such appraisal, the Director shall present to the representatives of the petitioners a list of three such certified and designated appraisers from which the representatives of the petitioners shall select one appraiser. The petitioner shall pay for the appraisal. If the Director is not satisfied with the appraisal, the Director may order a second appraisal from a State-certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The City shall pay for the second appraisal.
B. The Director shall use the appraisal having the higher value for the area vacated. The Director shall determine the fair market value or full appraisal value of the real property proposed to be granted or dedicated to the City in lieu of cash payment under this chapter in accordance with the appraisal procedure in subsection (A) of this section.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).
13.15.130 Payment of compensation of conveyance.
After determining the appraised value of the street or alley to be vacated, pursuant to this chapter, the Director shall notify the representatives of the petitioners of the amount of compensation. The payment shall be delivered to the Director who, upon receipt of the payment, shall transmit it to the City Finance Department for deposit in the street fund and shall make a written report of the payment to the City Council. If the petitioner has been authorized to deliver an instrument granting or dedicating to the City a parcel or parcels of land in lieu of cash payment, the Director, at the petitioner’s expense, may obtain either a policy of title insurance insuring title of the property in the City, or a certificate of title as to the title thereof, and upon receipt of such policy or certificate, shall transmit it to the City Council.
(Ord. 518 § 1, 2008; Ord. 395 § 3, 2003).