Chapter 17.22
SUBDIVISION VACATIONS

Sections:

17.22.005    Purpose.

17.22.010    Application.

17.22.020    Streets, roads, and alleys.

17.22.030    Public hearing.

17.22.040    Title to vacated property.

17.22.005 Purpose.

This chapter provides specifications for the process and requirements of vacating a subdivision or portion of a subdivision, or any land dedicated for public use, except rights-of-way associated with public streets. (Ord. 6239 § 1, 2009.)

17.22.010 Application.

The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.010.)

17.22.020 Streets, roads, and alleys.

A. When the vacation application is specifically for a road, street or alley, the procedures for street vacation in Chapter 12.48 ACC shall be utilized for the vacation.

B. When the application is for the vacation of the plat together with the roads, streets, and/or alleys, the procedure for vacation in this chapter shall be used. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.020.)

17.22.030 Public hearing.

The hearing examiner shall conduct a public hearing pursuant to ACC 18.66.130 on the application for a vacation and may recommend to the council to approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. The council shall adopt by ordinance any approval of a vacation pursuant to this chapter. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.030.)

17.22.040 Title to vacated property.

A. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.

B. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

C. If it is necessary to retain an easement through any portion of vacated property, the easements shall be properly executed and recorded concurrent with the ordinance approving the vacation. (Ord. 6239 § 1, 2009; Ord. 4296 § 2, 1988. Formerly 17.20.040.)