Chapter 12.20
STREET AND ALLEY VACATIONS
Sections:
12.20.010 Petition by owners – Fixing time for hearing.
12.20.020 Notice of hearing – Objections prior to hearing.
12.20.030 Hearing – Ordinance of vacation.
12.20.040 Limitations on vacations of streets abutting bodies of water – Procedure.
12.20.050 Future amendments to Chapter 35.79 RCW.
12.20.060 Title to vacated street or alley.
12.20.070 Vested rights not affected.
12.20.010 Petition by owners – Fixing time for hearing.
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the City Council of the City of Maple Valley to make vacation, giving a description of the property to be vacated, or the City Council may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the City Clerk, and, if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated, the City Council shall by resolution fix a time when the petition will be heard and determined by the City Council or a committee thereof, which time shall not be more than 60 days nor less than 20 days after the date of the passage of such resolution. (Ord. O-17-616 § 2 (Att. A); Ord. O-01-157 § 1).
12.20.020 Notice of hearing – Objections prior to hearing.
Upon the passage of the resolution the City Clerk shall give 20 days’ notice of the pendency of the petition by a written notice posted in three of the most public places in the City and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. The City shall mail notice of the pendency of the petition to holders of utility franchises within the right-of-way sought to be vacated. In all cases where the proceeding is initiated by resolution of the City Council without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought 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 street or alley or any part thereof sought to be vacated, as shown on the rolls of the County Treasurer, directed to the address thereon shown; provided, that if 50 percent of the 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. O-17-616 § 2 (Att. A); Ord. O-01-157 § 2).
12.20.030 Hearing – Ordinance of vacation.*
The hearing on such petition may be held before the City Council, or before a committee thereof, upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the City Council, which may adopt or reject the recommendation. If such hearing be held before such a committee, it shall not be necessary to hold a hearing on the petition before the City Council. If the City Council determines to grant said petition or any part thereof, the City shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon 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 so vacated. If the street or alley has been part of a dedicated public right-of-way for 25 years or more, or if the subject property or portions thereof were acquired at public expense, then compensation may be required in an amount equal to the full appraised value of the vacation. The ordinance may provide that the City retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. In addition, the City shall grant easements to such holders of utility franchises as may require easements to maintain the existing locations of utilities within the right-of-way proposed for vacation. Such easements may also be granted to holders of utility franchises to allow for future location of utilities as reasonably anticipated by the utilities. Such easements shall be granted at no cost to the utility franchise holder. A certified copy of such ordinance shall be recorded by the City Clerk and in the office of the King County Auditor. One-half of the revenue received by the City as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the City. (Ord. O-17-616 § 2 (Att. A); amended at request of City, 10/10/02; Ord. O-01-157 § 3).
*Code reviser’s note: Amendments from House Bill 1750, amending RCW 35.79.030, have been incorporated into this section at the request of the City.
12.20.040 Limitations on vacations of streets abutting bodies of water – Procedure.
A. The City of Maple Valley shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless:
1. The vacation is sought to enable the City to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
2. The City, by resolution of the City Council, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
B. Before adopting a resolution vacating a street or alley under subsection (A)(2) of this section, the City shall:
1. Compile an inventory of all rights-of-way within the City that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Conduct a study to determine if the street or alley to be vacated is suitable for use by the City for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, stormwater treatment, flow control facility, or education;
3. Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and
4. Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest.
C. No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the City only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. O-17-616 § 2 (Att. A); Ord. O-01-157 § 4).
12.20.050 Future amendments to Chapter 35.79 RCW.
Any future amendments or revisions to Chapter 35.79 RCW are by this reference incorporated as if fully set forth herein. (Ord. O-17-616 § 2 (Att. A); Ord. O-01-157 § 5).
12.20.060 Title to vacated street or alley.
If any street or alley in the City of Maple Valley is vacated by the City Council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each. (Ord. O-17-616 § 2 (Att. A); Ord. O-01-157 § 6).
12.20.070 Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter. (Ord. O-17-616 § 2 (Att. A); Ord. O-01-157 § 7).