Chapter 12.32
VACATION OF CITY STREETS OR ALLEY RIGHTS-OF-WAY
Sections:
12.32.010 Petition – Who may initiate, fee, form and sufficiency of signatures.
12.32.020 Report, investigations and recommendations to city council.
12.32.030 Referral to public works director – Survey requirement.
12.32.040 Hearing time fixed, petition and resolution methods.
12.32.060 Criteria for council decision.
12.32.070 City council decision.
12.32.080 Classifications of property.
12.32.100 Granting – Conditions.
12.32.110 Trade in lieu of compensation.
12.32.120 Waiving compensation – Other governmental agencies, entities, jurisdictions.
12.32.010 Petition – Who may initiate, fee, form and sufficiency of signatures.
A. Who May Initiate. Vacation of a right-of-way may be initiated by filing with the building/planning department a properly completed petition by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated, or by resolution of the city council in accordance with the procedures described in Chapters 35.79 and 35A.47 RCW. Abutting property for purposes of this procedure means property which touches, adjoins or is contiguous to the street or alley, or portion thereof, sought to be vacated.
B. Fees and Associated Costs. Any petition for vacation of a right-of-way shall be accompanied by a nonrefundable fee established by the city council pursuant to such periodic resolution as the council, from time to time, updates and approves in order to compensate the city for the basic administrative costs, posting expense, and publication costs of handling such application. Petitioner(s) shall also be liable to the city of all actual expenses incurred in processing the petition in excess of the normal costs intended to be covered by the petition fee, including legal, engineering and filing fees. If the petition for vacation is approved and additional fees and costs are assessed pursuant to this chapter, including payment of all or a portion of the appraised value of the property, such payments shall become due and payable according to the provisions herein. Failure to meet any payment deadline will nullify the petition.
C. Form. All petitions shall be in such form as may be prescribed by the city and shall be in substantial conformance with the statutory form set forth in the annotations to RCW 35.79.010. At a minimum, the petition shall contain a full legal description of the property sought to be vacated, the names and mailing addresses of the owners of all property within 300 feet of any boundary of the street or alley to be vacated and the typed or printed names and signatures of the petitioner(s).
D. Sufficiency of Signature. Prior to publication of public notice, the city clerk or designee shall certify the sufficiency of signatures on the petition following these guidelines:
1. Where property is subject to a mortgage or deed of trust, the signature of the buyer shall be sufficient.
2. In the case of ownership by partnership or corporation, the signature of any officer authorized by the bylaws or resolution of the partners or board of directors shall be sufficient when evidenced by a copy of the section of bylaws or resolution granting such authority.
3. Where property is subject to a lease, the signature of the lessor shall be required.
4. In the case of property subject to a life estate, the signature of the holder of the life estate shall be sufficient.
5. Proof of ownership of abutting property by title insurance or certificates may be required. Such proof shall be furnished by and at the expense of the petitioners upon request. (Ord. 1173 NS § 1, 1998).
12.32.020 Report, investigations and recommendations to city council.
Upon filing of a petition with the building/planning department, all requests for right-of-way vacations, whether by petition or resolution, shall be submitted to the technical review committee. The committee shall investigate and report on at least the following:
A. Whether and in what respect the public may be benefitted or harmed by the vacation.
B. Which property or properties will be directly benefiting or adversely affected by the vacation and in what way.
C. What effect the vacation will or may have upon property served or which might be served by such vacated right-of-way.
D. How such street or alley relates to other streets, alleys and highways, and whether other portions of the subject street or alley have already been vacated.
E. Whether the substitution of an alternate way would be more useful to the public.
F. Whether future changes in conditions may increase public use or need.
G. How the street or alley sought to be vacated became a public right-of-way.
H. Whether any utilities now exist in such street or alley, or whether such street or alley may be reasonably necessary for future utility uses.
I. The necessity or desirability of the city to retain an easement or the right to exercise and grant easements for emergency vehicle access and construction, repair and maintenance of public utilities and services over the land sought to be vacated. (Ord. 1173 NS § 2, 1998).
12.32.030 Referral to public works director – Survey requirement.
It shall be the duty of the public works director to determine whether the location and legal description of the street or alley proposed for vacation are sufficiently known to the city so that an accurate legal description of the proposed vacation may be made, and so that the location and ownership of the property proposed for vacation can be known with certainty. If the public works director determines that these matters are not known or are not accurately known, then the city shall notify the petitioner(s) of the necessity of having an accurate, professional survey of the property marked upon the ground and an accurate legal description of the proposed vacation to be furnished to the city at the petitioner(s) expense. The city shall not proceed with processing the vacation petition until such a survey has been done and the legal description received. (Ord. 1173 NS § 3, 1998).
12.32.040 Hearing time fixed, petition and resolution methods.
Upon completion of the report by the technical review committee, the petition will be sent to the city council along with a recommendation from the committee. The city council shall fix a time when the proposed vacation will be heard and determined. For both petition and council-initiated vacations, council will adopt a resolution at a regular meeting setting a time for the hearing which is not less than 20 days nor more than 60 days from the date of passage of the resolution. (See RCW 35.79.010.) (Ord. 1173 NS § 4, 1998).
12.32.050 Public notice.
A. At least 20 days prior to the hearing on the proposed street or alley vacation, the city clerk shall issue a single written notice of hearing which shall be:
1. Posted in three public places in the city;
2. Posted in two conspicuous places on that portion of the street or alley sought to be vacated, or at a nearby location that can be viewed by the public; and
3. Published in the official newspaper for the city.
B. In addition to the general posting and publication above, the city clerk, at least 15 days prior to the date fixed for the hearing, shall mail hearing notices directly to owners of each piece of property within 300 feet of any boundary of the street or alley, or part thereof to be vacated. These names and mailing addresses shall be provided by the petitioner(s) at the time of the filing of the petition. (Ord. 1173 NS § 5, 1998).
12.32.060 Criteria for council decision.
A. No portions of an alley may be vacated. Portions of a street may be vacated. The city will not maintain land-locked or dead end portions created by vacations. Garbage will not be collected on these portions.
B. In the event the city has initiated the vacation by resolution, the city shall be prohibited from proceeding further with the process if 50 percent or more of the abutting property owners file written objection to the proposed vacation with the city clerk prior to the time of hearing. (See RCW 35.79.020.)
C. The city council shall not vacate any street, alley or parts thereof if any portion thereof abuts any body of salt or fresh water unless the vacation is sought to enable the city to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational or educational purposes or other public uses as specified by RCW 35.79.035.
D. The city will consider vacation of any previously dedicated right-of-way only when the facts presented in a public hearing conclude that:
1. Granting the vacation will not conflict with the general purpose and objectives of the city’s comprehensive plans for land use, transportation, utilities, drainage, parks, trails and open space; and
2. The vacation will not provide a public benefit or be for a public purpose; and
3. Vacation of the right-of-way will not adversely affect the street pattern or circulation of the immediate area or the community as a whole; and
4. The right-of-way to be vacated is not contemplated or needed for future public use; and
5. There is at least one alternate mode of ingress and egress meeting city standards for emergency services available to all abutting owners, even if less convenient than the existing right-of-way; and
6. Provision has been made for utility easements where needed for the right to construct, repair and maintain public utilities and services; and
7. The request for vacation was not initiated to correct a condition created by the applicant in violation of city ordinance. (Ord. 1173 NS § 6, 1998).
12.32.070 City council decision.
At the conclusion of the public hearing, the city council may take the following action:
A. Pass a resolution of intent to vacate all of the requested vacation stating that the city council will grant the vacation by means of an ordinance to be effective upon payment of fees and satisfaction of all other stated conditions within specified time periods by the petitioner(s); or
B. Pass a motion denying the proposed vacation. (Ord. 1173 NS § 7, 1998).
12.32.080 Classifications of property.
Appraisals shall take into account any retained right of the city for future use which would restrict the private use of the property. For purposes of appraisal, all properties within the city primarily used or reserved for use as public ways, including streets and alleys, are declared to be within one of two classes. The public works director shall determine which class is appropriate prior to appraisal:
A. Class I: Real property on which city holds fee simple title and which was acquired at public expense; or
B. Class II: Real property on which the interest of the city is limited to a right-of-way for particular purposes. (Ord. 1173 NS § 8, 1998).
12.32.090 Appraisals.
Once the city council has made findings in favor of granting the vacation request, the city clerk will notify the petitioner(s) by letter of the council decision and that the petitioner(s) should proceed with the appraisal. Determination of appraised value shall be made by appraisal of a state-certified real estate appraiser of the portion of the street or alley to be vacated with valuation based on current fair market value. The petitioner(s) shall obtain an independent appraisal of the value of the property sought to be vacated within 90 days after notification by the city clerk. Such appraisal shall be at the applicant’s own expense. To obtain such appraisal, the city clerk shall present to the petitioners a list of three such certified and designated appraisers from which the petitioners shall select one appraiser. (Ord. 1173 NS § 9, 1998).
12.32.100 Granting – Conditions.
The appraisal will be returned to the city clerk who will then schedule an ordinance for action and setting of value before the city council.
A. If the city council decides to grant the vacation, such action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use, benefit or interest, such as, but not limited to, reserving within the portion of the street or alley which is vacated (1) easements for access, construction, repair and maintenance of public utilities, (2) easements for trails, and (3) easements for other public needs.
B. Any ordinance granting a street or alley vacation shall provide that it shall not become effective until the owners of property abutting the street or alley, or part thereof so vacated, shall compensate the city in an amount which does not exceed one-half the appraised value of the area vacated, except, in the event the subject property or portions thereof were acquired at public expense, as stated above, compensation shall be required in an amount equal to the full appraised value of the vacation.
C. Upon notification by the city clerk that the amount of required compensation has been established, the petitioner(s) shall have 90 days from the date of council action to deposit such amount, together with other costs of processing not previously paid, with the city treasurer. If the full amount of compensation is not paid within 90 days, the ordinance will be repealed. (Ord. 1173 NS § 10, 1998).
12.32.110 Trade in lieu of compensation.
In lieu of payment of monetary compensation, petitioner(s) may grant or dedicate to the city for street purposes real property useful for that purpose where the property to be acquired by such exchange has a fair market value at least equal to the amount of cash compensation that would otherwise be required. The city shall not be obligated to accept such an exchange and the decision of the city council on the acceptability of the alternate property offered shall be final. (Ord. 1173 NS § 11, 1998).
12.32.120 Waiving compensation – Other governmental agencies, entities, jurisdictions.
Where vacation or transfer of a public right-of-way is petitioned for by or on behalf of another governmental agency, entity or jurisdiction, or where the city council finds that approval of the vacation provides substantial public benefit, it may waive any compensation except filing fees normally required by this chapter. A transfer or vacation of property on which compensation has been waived under this section shall be accompanied by a covenant providing that the city shall be compensated at current fair market value at the time of any future sale or lease of the subject property by such other governmental agency, entity or jurisdiction. (Ord. 1173 NS § 12, 1998).
12.32.130 Recording.
Upon its effective date, a certified copy of the ordinance granting vacation shall be recorded by the city clerk in the office of the Stevens County auditor. The technical review committee will be notified of the vacation. At this time the city clerk shall contact the city attorney and direct him to prepare all necessary documents for transfer of ownership. This shall include a quit claim deed. (Ord. 1173 NS § 13, 1998).