Chapter 16.10
PLAT VACATION AND ALTERATION
Sections:
16.10.010 Application for vacation.
16.10.020 Vacation of streets.
16.10.030 Procedure for vacation.
16.10.040 Title to vacated property.
16.10.050 Applications for alteration.
16.10.010 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, that person shall file an application for vacation with the city administrator on a form supplied by that office. The application must state the reason 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 subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision and the 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.
(c) The application must be accompanied by a fee established by the city council to defray city costs of administering this procedure. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.10.020 Vacation of streets.
When the vacation application is specifically for a city street, the procedures for street vacation in Chapter 35.79 RCW shall be used. When the application is for the vacation of the plat, together with streets, the procedure for vacation in this chapter shall be used, but vacations of streets may not be made that are prohibited by Chapter 35.79 RCW. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.10.030 Procedure for vacation.
Upon receipt of a completed application, the city administrator will schedule an open record hearing before the city council and will provide notice as follows:
(1) Notice of such hearing will be given by publication at least once in the official newspaper of the city, not less than twenty days prior to the hearing, said notice to include the hour and location of the hearing and a description of the proposed subdivision vacation. The description may be in the form of either a vicinity location sketch or a written description, other than a legal description, or both. Special notice of such hearing will be given by mail to the owner, all persons having an interest in the original subdivision and to the owners of real property as shown on the records of the county assessor located within three hundred feet of any portion of the boundary of the property subject to the vacation not less than fifteen days prior to the hearing.
(2) After conducting the open record hearing as defined by Section 16A.02.010, the city council may approve or deny the application after determining the public use and interest to be served by the vacation. If the council determines to grant an application for vacation, the council may also determine that the owners of property abutting the vacated property shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. If the vacated property has been part of a dedicated right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the vacated property to compensate the city in an amount that does not exceed the full appraised value of the area vacated. 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 legislative authority shall set forth findings that the public use would not be served in retaining title to those lands. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.10.040 Title to vacated property.
Title to 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 council. When a road or street that is to be vacated is contained wholly within a 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. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).
16.10.050 Applications for alteration.
(a) When an individual desires the alteration of a subdivision, short subdivision, site plan or portion thereof, except as provided in Section 16.02.040(4), that individual shall file an application with the city administrator on a form supplied by said department. 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 approval of the division, and the 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.
(c) All applications for alteration shall be accompanied by a title report showing all persons and parties having an interest in the area subject to the alteration or portion thereof and subject to the covenants.
(d) 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.
(e) 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 as determined by the city council.
(f) After approval, the applicant must produce a revised drawing of the approved alteration which, after signature of the legislative authority, must be filed with the county auditor. (Ord. 921 § 1 (part), 2012: Ord. 698 § 1 (part), 1997).