Title 11 PUBLIC IMPROVEMENTS
Chapter 11.18 STREET AND ALLEY VACATIONS
11.18.010 State law to govern procedure.
11.18.020 Fees and costs.
11.18.030 Cancellation of petition for failure to pay fees, costs, etc.
11.18.010 State law to govern procedure.
The method of handling petitions for vacations of streets or alleys within
the city shall be as prescribed by RCW Chapter 35.79, as currently enacted.
(Ord. 628 § 2, 1979).
11.18.020 Fees and costs.
A. In addition to the requirements of RCW Chapter 35.79, any petition
seeking the vacation of any street or alley, or portion thereof, within the
corporate limits of the city, shall be accompanied by a filing fee as
established by resolution of the city council, which fee shall be nonrefundable.
In addition to this filing fee, the persons filing such a petition shall pay to
the city the actual costs incurred by the city in connection with such petition,
and all actions taken pursuant thereto, for copying, publication costs, postage
and recording fees. These costs must be paid as prerequisite to processing the
street vacation.
B. If the city determines to grant said petition or any
part thereof, the ordinance vacating the street shall provide that the ordinance
will not become effective until the owners of property abutting upon the street
or alley, or part thereof so vacant, shall compensate the city as follows: (1)
if the street, alley or portion thereof has been part of a dedicated public
right-of-way for twenty-five (25) years or more, or if the property or portion
thereof were acquired at public expense, the abutting property owners shall
compensate the city in an amount that does not exceed the full appraised value
of the area vacated; (2) if the street, alley or portion thereof cannot be
categorized as set forth in the preceding subsection (1), the abutting property
owners shall compensate the city in an amount that does not exceed one-half the
appraised value of the area vacated. The ordinance may provide that the city
retain an easement or the right to exercise and grant easement in respect to the
vacated land for the construction, repair and maintenance of public utilities
and services. 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
in the city. (Ord. 1119 § 11, 2003: Ord. 628 § 3, 1979).
11.18.030 Cancellation of petition for failure to pay fees, costs, etc.
In the event any of the fees, costs or appraised value of the vacated
property as set forth in Section 11.18.020 is not paid to the city within sixty
days following demand for payment thereof by the clerk-treasurer, such petition
for vacation shall thereupon be deemed void, canceled and of no further force
and effect. (Ord. 628 § 4, 1979).
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