Chapter 16.28
PLAT VACATION
Sections:
16.28.020 Procedure relating to streets.
16.28.030 Notice and procedure.
16.28.040 Title to vacated land.
16.28.050 Notification and record of action.
16.28.010 Application.
Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the administrator. The application shall set forth the reasons for vacation and shall be accompanied by the following:
A. A copy of the plat with ownership of each portion thereof to be vacated indicated on the plat;
B. The signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation;
C. 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;
D. Existing uses of the property, including the location and use of all existing structures;
E. Location of any critical areas as identified and classified in the city’s comprehensive plan;
F. A title certificate consisting of a report showing all parties having any full or partial interest in the property to be subdivided;
G. Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act (SEPA)) and the city’s SEPA ordinance, as they now exist or are hereafter amended; and
H. Names and address of all landowners within three hundred (300) feet of the exterior boundaries of the property proposed for platting.
(Ord. 98-570 § 7.01, 1998)
16.28.020 Procedure relating to streets.
A. When the vacation application is specifically for a city street, alley or right-of-way, the procedures for street vacation in RCW 35.79, as now exists or may hereafter be amended, shall be used for the road vacation.
B. When the application is for the vacation of the plat together with the streets, the procedure for vacation in this section shall be used; however, vacations of streets abutting bodies of water shall be required to follow the procedures for vacating such streets contained in Chapter 35.79.035 RCW, as it now exists or may hereafter be amended.
(Ord. 98-570 § 7.02, 1998)
16.28.030 Notice and procedure.
Upon receipt of an application, the administrator shall follow the same procedures, notices and time lines used for the processing of a preliminary plat, as provided in Chapter 16.16 of this title. The planning commission shall conduct a public hearing on the application for vacation and may recommend approval or denial of the application for vacation of the subdivision to the city council after determining that the public interest would be served by the vacation of the subdivision. (Ord. 98-570 § 7.03, 1998)
16.28.040 Title to vacated land.
A. If any portion of the land contained in the subdivision was dedicated to the public use, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county, unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.
B. Title to property within a vacated plat shall remain with the rightful owner as shown in the county records. In the case of vacated land which was dedicated to public use where the city council has found that retaining title to the land is not in the public interest, title shall be transferred to the owners of property on each side thereof, as determined by the city council. When a road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest entirely with the owner or owners of property within the vacated subdivision.
(Ord. 98-570 § 7.04, 1998)
16.28.050 Notification and record of action.
After approval of the vacation, the applicant shall file a copy of their action with the county auditor to become part of the record. (Ord. 98-570 § 7.05, 1998)