Chapter 12.48
RIGHT-OF-WAY VACATIONS1
Sections:
12.48.010 Definitions.
12.48.015 Initiation of vacation process.
12.48.020 Petition – Signature sufficiency determinations.
12.48.030 Petition – Authorized.
12.48.040 Petition – Submission – Filing fee.
12.48.050 Petition – Investigation – Recommendations.
12.48.060 Petition – Notice of recommendations to petitioner.
12.48.070 Hearing – Required – Notice.
12.48.080 Hearing – Procedure – Vacation ordinance.
12.48.085 Compensation.
12.48.090 Petition denial or abandonment.
12.48.010 Definitions.
A. “Owner of an interest in real estate” means and includes the owner of fee title, mortgages and contract vendees.
B. “Petition” means, for the purposes of this chapter, the collection of papers necessary to initiate a street vacation, and shall include an application in the form approved by the city, and other submittals consistent with the purposes of Chapter 35.79 RCW.
C. “Right-of-way vacations” shall have the same meaning as street vacations, including streets, roads, alleys, sidewalks, or any other publicly owned rights-of-way consistent herewith and as encompassed within Chapter 35.79 RCW. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.010.)
12.48.015 Initiation of vacation process.
To initiate the right-of-way vacation process, the owner shall submit a right-of-way vacation application to the city clerk or city engineer requesting to vacate a city-owned right-of-way that abuts the owner’s property. Said application shall clearly define the limits of the proposed vacation. The city engineer or designee, herein referred to as “the city,” shall review the application and notify the applicant of the additional steps necessary to move forward with the right-of-way vacation process and make a complete right-of-way vacation petition to the city. This notification will include an explanation of the process, identification of potential costs to the applicant, which may include the application fee, survey costs, title report, appraisal, and the actual cost of the right-of-way plus a list of required documents to be provided by the applicant which may include a petition, survey, legal description, title report, and any other related documents the city deems necessary to perform an accurate evaluation of the right-of-way vacation petition. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999.)
12.48.020 Petition – Signature sufficiency determinations.
For the purpose of determining sufficiencies of signatures of owners of private property on a petition or consent to vacate, the following rules shall govern:
A. Where the owners of private property abutting the right-of-way proposed to be vacated are husband and wife, the signature of either spouse, without the signature of the other, will be sufficient.
B. In case of mortgaged property, the signature of the mortgagor shall be sufficient.
C. In the case of property subject to a contract of purchase, the signatures of both the contract vendors and vendees shall be required.
D. In the case of ownership by a corporation, the signature of any officer authorized by the bylaws or resolutions of the board of directors shall be sufficient when evidenced by an excerpt of said bylaws or said resolution, certified by the secretary of the corporation, granting such authority.
E. In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator, executor or guardian shall be equivalent to the signature of the owner of the property. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; Ord. 2985 § 1, 1976; 1957 code § 8.24.020.)
12.48.030 Petition – Authorized.
The owners of an interest in any real estate abutting upon any right-of-way may petition the city council to vacate the right-of-way in the manner provided in this chapter. The petition shall describe the right-of-way desired to be vacated, and shall be signed by owners of more than two-thirds of the private property abutting the right-of-way sought to be vacated. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.030.)
12.48.040 Petition – Submission – Filing fee.
As part of a complete right-of-way vacation petition as described in ACC 12.48.015, the applicant shall submit to the city a nonrefundable application fee as set forth in the city of Auburn fee schedule. Incomplete right-of-way vacation petitions, not completed by the applicant within six months of a request by the city, shall be null and void. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.040.)
12.48.050 Petition – Investigation – Recommendations.
Upon the receipt of a complete petition for processing as provided in ACC 12.48.010, the city shall route the petition to city departments and franchise utility companies for their comments, and make such further investigation as may be necessary including requesting additional related information from the petitioner(s). (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.050.)
12.48.060 Petition – Notice of recommendations to petitioner.
The city shall prepare a staff report upon completion of its assessment of the right-of-way vacation petition. A copy of the staff report shall be forwarded to the petitioner, along with a letter regarding any changes made, conditions attached as recommended by the city in respect to the vacation in question, and the estimated schedule for the public hearing. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.060.)
12.48.070 Hearing – Required – Notice.
Upon receipt of the staff report from the city, the city council shall pass a resolution calling for a public hearing to consider the proposed vacation, which hearing shall be not more than 60 days nor less than 20 days after the date of passage of such resolution. The city clerk shall give 20 days’ notice of the pendency of the petition by written notice posted in three of the most public places in the city, and a like notice in a conspicuous place on the right-of-way sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the right-of-way described in the notice, together with a statement of the time and place fixed for the hearing thereon.
In all cases where the proceeding is initiated by resolution of the city without a petition having been signed by the owners of more than two-thirds of the property abutting upon the right-of-way to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least 15 days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots, tracts, or parcels of land or other property abutting upon any right-of-way sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown. If 50 percent of abutting property owners file written objection to the proposed vacation with the clerk prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.070.)
12.48.080 Hearing – Procedure – Vacation ordinance.
At the time appointed for the hearing of the right-of-way vacation petition, or at such time as the hearing may be adjourned to by the city council, the same shall be heard, and if the council determines to grant the petition, or any part thereof, the council shall authorize by ordinance the vacation of such right-of-way, or any portion thereof. Such ordinance may provide for the retention by the city of all easements or rights in respect to the vacated land for the construction, repair and maintenance of public utilities and services; provided, that the city council may, if no vested rights are impaired, modify, change, omit or add provisions or stipulations as a condition to the granting of petitions for vacations. When the city council deems it to the best interest of the city, it may waive all or any part of the additional costs and expenses provided for in this chapter with respect to any vacation; provided, that all conditions with respect to such vacation shall be fulfilled to the satisfaction of the city prior to the time of the introduction of an ordinance vacating a right-of-way, or all such conditions with respect to such vacation shall be fulfilled as specified in said ordinance prior to the ordinance becoming effective. Upon final passage of a right-of-way vacation ordinance, copies shall be distributed by the city clerk to all city departments having an interest in the ordinance. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; Ord. 3617 § 2, 1981.)
12.48.085 Compensation.
The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to be $2,000 or less, the applicant will not be required to provide the city with a formal appraisal. If the value of the right-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city’s expense. (Ord. 6085 § 1, 2007.)
12.48.090 Petition denial or abandonment.
The right-of-way vacation petition shall be considered abandoned if the vacation conditions have not been met, including payment of compensation, within the time period identified in the ordinance, or if no such time period is identified, within 180 days of approval of the ordinance. The city may extend this deadline if they determine the petitioner has made a good faith effort to meet the conditions.
In the event that the city council, at the conclusion of the public hearing thereon, denies the requested right-of-way vacation petition, or that such vacation proceedings should be abandoned by the petitioner, the petitioner shall be relieved from the obligation to fulfill conditions of the ordinance. The city shall notify the interested city departments if a vacation proceeding is abandoned by the petitioner prior to the city council hearing on the petition. If a vacation petition is disapproved by the city council or abandoned by the petitioner after the council hearing, such notification shall be given by the city clerk. (Ord. 6085 § 1, 2007; Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.090.)
For statutory provisions on street vacation, see Ch. 35.79 RCW; for provisions applying Ch. 35.79 RCW to code cities, see RCW 35A.47.020.