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Home My WebLink AboutO-0948 - Vacation of streets and alleys (12.32)\ \ '. -,1,;..... ... CIT Y 0 F MAR Y S V ILL E Marysville,Washington a , ORDINANCE NO. An Ordinance of the City of Marysville providing for the vacation of streets and alleys,establishing a procedure therefor,imposing :and fixing a processing fee and authorizing payment of compensation to the City by the abutting owners in an amount not to exceed one-half of the appraised value of the street or alley so vacated. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.Petition;Fee.The owners of an interest in any real estate abutting on any street or alley who may desire to vacate any street or alley,or any part thereof,shall petition the City Council for the vacation of such street or alley,or any part thereof,in the manner hereinafter provided and pursuant to RCW 35.79,or the City Council may itself initiate,by resolution,such vacation procedure.Such petition shall be on such form as may be proscribed by the City and shall contain a full and correct descrip- tion of the property sought to be vacated and such petition shall be signed by the owners of not more than two-thirds of the property abutting upon the part of such street or alley sought to be vacated. The petition shall be filed with the City Clerk and the petitioning owner shall pay a fee of $50.00 to compensate the City for the administrative costs incurred;in addition,the petitioning owner shall reimburse the City for all actual expenses incurred in processing the application and advertising for its public hearing. Section 2.Resolution;Staff Report;Compensation. Upon receiving a petition for the vacation of a City street or alley, the City Clerk shall place the matter upon the agenda of the City Council at a regular meeting to be held not less than 10,nor more than 30 days,from the date the petition is filed with the City Clerk.The City Clerk shall notify the petitioners in writing of the date the matter shall come before the City Council.The City Clerk shall then notify the City Engineer and the Compliance Officer/Planner of the petition and the date when the matter will be before the City Council,and said officials shall prepare reports relating to the same. The City Council may require the petitioners to compensate the City of Marysville an amount which equals one-half of the appraised value of the area vacated,provided that when the vacation is initiated by the City of Marysville,or the City Council deems i.t to be in the best interest of the City of Marysville,all or any portion of such compensation may be waived.At the time the City Council initially has the petition before it in order to set the matter for public hearing by resolution,the City Council shall consider the reports of the City Engineer and the Compliance Officer/Planner,and shall determine whether or not it will require that the City be compensated as a condition of the vacation. -1- ......,-,t 4 ..., The City Council shall,by resolution,fix the time for the hearing of such petition,which time shall not be more than 60 days,nor less than 20 days after the passage of such resolution. Section 3.Notice of Public Hearing.On 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 3 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.In all cases where the proceeding is initiated by resolution of the City 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 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 addresses thereon shown.Failure to send notice by mail to any such property owner where the current address of such property owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed street vacation. Section 4.Surve~Requirement.It shall be the duty of the City Engineer to determ~ne whether or not the location and legal description of the street or alley proposed for vacation are suffi- ciently known to the City so that an accurate legal description of the proposed vacation may be made,and so that the location of the property proposed for vacation can be known with certainty.If the City Engineer determines that these matters are not known or are not accurately known,then the City shall notify the petitioners of the necessity of having an accurate,.professional survey of the property proposed for vacation within the boundaries of the proposed vacation marked upon the ground and an accurate legal description of the pro- posed vacation to be furnished to the City.The City shall not proceed further upon the vacation petition until such a survey has been done and legal description received. Section 5.Appraisal Fees.In all cases where the City Council requires compensation for the vacated right-of-way,an appraisal of the right-of-way proposed for vacation shall be made. The City Attorney shall determine whether a professional appraiser shall be employed,or whether qualified City staff personnel shall make such appraisal.When the appraisal is made by the City staff, a reasonable hourly rate shall be charged against the appraisal deposit. In those instances where compensation shall be payable, the petitioner shall,upon notice,deposit the sum of $150.00 with the City Treasurer for the purpose of defraying all of the appraisal costs. -2- _.-........ When the cost of appraisal made by either a professional appraiser or City staff exceeds the deposit,the petitioners,upon being given notice of that fact,shall forthwith remit the balance of the appraisal cost to the City Treasurer.In the event the cost of appraisal is less than the deposit,the balance shall be refunded to the petitioners,or may be applied to the compensation for the area to be vacated,at the election of the petitioners. Section 6.Criteria;Prohibited Vacations.The City Council shall not vacate any street,alley or any parts thereof if any portion thereof abuts any body of salt or fresh water unless such vacation be sought to enable the City or state to acquire the property for port purposes,boat moorage or launching sites,park,viewpoint, recreational or educational purposes or other public uses.This 9roviso shall not apply to indistrual-zoned property. The City Council shall use the following criteria for deciding upon the petition: 1.That the vacation will provide a public benefit, and/or will be for a public purpose. 2.That the right-of-way vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole. 3.That the public need shall not be adversely affected. 4.That the right-of-way is not contemplated or needed for future public use. 5.That no abutting owner becomes landlocked or his access will not be substantially impaired;i.e.,there must be an alternative mode of ingress and egress, even if less convenient. Provided that the City Council may,at the time of its public hearing,determine that the City may r~tain an easement or right to exercise and grant easements in respect to the vacated land for the construction,repair,and maintenance of public utilities and services. The City Council will,at the time of the public hearing, determine the amount of compensation to be paid to the City by the petitioners as a condition of the vacation,which amount shall not exceed one-half of the appraised value of the area to be vacated. Section 7.Ordinance.If the City Council determines to grant such petition,or any part thereof,the Council shall author- ize by ordinance the vacation of such street or alley,or any part thereof.Such ordinance may provide for the retention by the City of all easements or rights in respect to the vacated land for the construction or repair and maintenance of public utilities and services. If the City Council determines that compensation shall be paid as a condition of the vacation,then the ordinance shall not be published -3- ••..,•<.... or become effective until the compensation has been paid by'the petitioners. Section 8.Notice to Auditor and Assessor.A certified copy of the ordinance vacating any such street or alley,or part thereof,shall be filed by the City Clerk with the Snohomish County Auditor's Office and with the Snohomish County Assessor's Office. PASSED by the City Council and APPROVED by the Mayor this 25lt day of ;rt.t-l a '1977. THE CITY OF MARYSVILLE ATTEST: APPROVED AS TO FORM: f!f-&f.ak~~it Attor ey - -4-