Chapter 15.14
PLAT VACATION AND ALTERATION

Sections:

15.14.010    Type of application.

15.14.020    Requirements for a complete plat vacation application.

15.14.030    Criteria for approval of a plat vacation.

15.14.040    Requirements for a complete plat alteration application.

15.14.050    Criteria for approval of a plat alteration.

15.14.010 Type of application.

A plat vacation or plat alteration is a Type III application, and shall be processed in accordance with procedures for such applications as set forth in BMC Title 11. (Ord. 1871 § 1, 2002; Ord. 1632 § 1, 1996).

15.14.020 Requirements for a complete plat vacation application.

These requirements are in addition to the minimum application requirements in BMC 11.06.002.

A.    Application contents:

1.    The reasons for the proposed vacation;

2.    Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

3.    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;

4.    A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval;

5.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property. (Ord. 1632 § 1, 1996).

15.14.030 Criteria for approval of a plat vacation.

The plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the vacation of the subdivision. 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.

A.    Vacation of Streets. When the vacation application is specifically for a city street vacation, the city’s street vacation procedures shall be utilized. When the application is for the vacation of a plat together with the streets, the procedure for vacation in this section shall be used. However, vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the city’s street vacation ordinance.

B.    Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 1632 § 1, 1996).

15.14.040 Requirements for a complete plat alteration application.

These requirements are in addition to the minimum application requirements in BMC 11.06.002.

A.    Application contents:

1.    Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;

2.    If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration 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 alteration of the subdivision or portion thereof;

3.    A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval;

4.    Any other information required by the community development director for the purposes of ascertaining ownership and the existence of easements or covenants affecting the subject property. (Ord. 2093 § 2 (Exh. B), 2012; Ord. 1632 § 1, 1996).

15.14.050 Criteria for approval of a plat alteration.

A.    The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. A plat alteration must also be consistent with BMC 15.14.030(B).

B.    Revised Plat. After approval of the alteration, the city council shall order the applicant to produce a revised drawing of the approved alteration of the final plat or short plat, which after signature of the city council, shall be filed with the county auditor to become the lawful plat of the property. (Ord. 1632 § 1, 1996).