Chapter 17.28
PLAT VACATION AND ALTERATION
Sections:
17.28.010 Application for vacation.
17.28.030 Procedure for vacation.
17.28.040 Title of vacated land.
17.28.050 Application for alteration.
17.28.060 Procedure for alteration.
17.28.080 Vacation and alteration of state-owned land.
17.28.010 Application for vacation.
A. Whenever any person desires the vacation of a division, or portion thereof, or any area designated or dedicated for public use, an application for vacation must be filed with the administrator on a form supplied by the city. The application must state the reasons for the vacation, be signed by all owners of the portion of the division sought to be vacated and accompanied by a list of all owners within the division.
B. If the division is subject to restrictive covenants which were filed at the time of the approval of the division and the vacation would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. (Ord. 1913 § 1 (part), 1997).
17.28.020 Vacation of street.
When the vacation application is specifically for a city street, the procedures for street vacation in Chapter 35.79 RCW will be used. When the application is for the vacation of the plat together with streets, the procedure for vacation in this chapter will be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030. (Ord. 1913 § 1 (part), 1997).
17.28.030 Procedure for vacation.
This is a type III application and the final decision shall be made by the city council. The application shall be processed as set forth in Title 19 of this code. If any portion of the division was dedicated to the public for public use or benefit, it must be deeded to the city, unless the city council finds that the public use would not be served by retaining title to those lands. (Ord. 1913 § 1 (part), 1997).
17.28.040 Title of vacated land.
Title of vacated property will 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 has found that retaining title to the land is not in the public interest, title thereto will vest with the person or persons owning the property on each side thereof, as determined by the city. When the road or street that is to be vacated was contained wholly within the division and is part of the boundary of the division, title to the vacated road or street will vest with the owner or owners of the property contained within the vacated division. (Ord. 1913 § 1 (part), 1997).
17.28.050 Application for alteration.
A. When any person desires the alteration of a subdivision, short subdivision, site plan or portion thereof, an application must be submitted to the administrator on a form supplied by the city. The application must include the signatures of a majority of the owners of the lots, tracts, parcels, sites or divisions in the division or portion to be altered and include a list of all owners within the division.
B. If the division is subject to restrictive covenants, which were filed at the time of the approval of the division, and alteration would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. (Ord. 2619 § 1, 2008: Ord. 1913 § 1 (part), 1997).
17.28.060 Procedure for alteration.
A. This is a type III application and the final decision shall be made by the city council. The application shall be processed as set forth in Title 19 of this code.
B. If any land within the alteration is part of an assessment district, any outstanding assessments must be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration.
C. If any land within the alteration contains a dedication to the general use of persons residing within the division, such land may be altered or divided equitably between the adjacent properties. (Ord. 1913 § 1 (part), 1997).
17.28.070 Ordinance filing.
After approval, the city shall file a certified copy of the ordinance approving the alteration with the Benton County auditor. (Ord. 1913 § 1 (part), 1997).
17.28.080 Vacation and alteration of state-owned land.
This chapter will not be construed as applying to the vacation, alteration or replatting of any plat of state-granted tide or shore lands. (Ord. 1913 § 1 (part), 1997).
17.28.090 Fees.
Fees shall be paid in accordance with Chapter 20.10. (Ord. 2619 § 2, 2008).
17.28.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2619 § 3, 2008).