§ 21.15.130. Approval of vacations.

A.

Authority. The platting authority shall consider the merits of each vacation request, and in all cases the platting authority shall deem the area being vacated to be of value to the municipality unless proven otherwise. The burden of proof shall lie entirely with the petitioner. The presumption contained herein does not apply to vacations of private easements where the beneficiaries have provided written concurrence.

B.

Required submittals. Submission requirements are as follows:

1.

For an application to vacate a public utility or drainage easement:

a.

A written application on forms provided by the planning department.

b.

Three copies of the recorded document establishing the easement.

c.

Three copies of a map illustrating the area to be vacated. In addition to showing the area to be vacated, the map must show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated.

d.

A written statement approving the utility easement vacation from every public utility authorized to use the easement or a written statement approving the drainage easement vacation from the office of planning, development and public works.

2.

For all other vacations subject to approval by the platting officer:

a.

A written application on forms provided by the planning department.

b.

Three copies of the recorded document establishing the easement.

c.

Three copies of a map illustrating the area to be vacated. In addition to showing the area to be vacated, the map must show the outer boundary of the property receiving the benefit of the dedication and the location of all known public improvements within the area being vacated.

3.

For an application to vacate a dedicated public area subject to approval by the platting board:

a.

A written application on forms provided by the planning department.

b.

Thirty copies of a map illustrating the area to be vacated. In addition to showing the area to be vacated, the map must show the outer boundary of the property receiving the benefit of the dedication, and the location of all known public improvements within the area being vacated.

c.

A written statement containing the reasons in support of the vacation.

C.

Action by platting authority.

1.

The platting officer is the platting authority for applications to vacate the following platted interests:

a.

Drainage easements granted under section 21.85.140.

b.

Zero lot line maintenance easements.

c.

Public utility easements.

d.

Private easements, but only upon the written concurrence of the beneficiaries.

e.

Relocation of any of the above-described interests.

2.

The platting board is the platting authority for all other applications to vacate a dedicated public area. The platting board shall take action on the vacation application within 60 days after the submission date. The reasons for the approval of the vacation shall be stated upon the record of the platting board.

3.

The planning department shall refer to the assembly the action of the platting authority on an application to vacate a public area, with an ordinance authorizing the conveyance of the area proposed to be vacated, when:

a.

Within 15 days of the platting authority's action a government agency or a person aggrieved by the action files with the department of community planning and development a written request that the matter be forwarded to the assembly; or

b.

The area proposed to be vacated is not a street right-of-way or an easement.

The action of the platting authority on an application to vacate a public area is final, unless referred to the assembly under this subsection.

4.

The approval of a vacation by the platting authority expires 18 months after the date of approval. A vacation is not effective unless, before its approval expires, a conveyance of the vacated interest is approved in accordance with law and a final plat depicting the vacation is approved and filed in accordance with this chapter. A street right-of-way or easement whose vacation is finally approved by the platting authority under subsection C.2 of this section is a right-of-way or easement without substantial value to the municipality and is conveyed upon the filing of a final plat depicting the vacation.

D.

Title to vacated area.

1.

The title to the street or other public right-of-way vacated on a plat attaches to the lot or lands bordering on the area in equal proportions, except that, if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area which lies on one side of the boundary line shall attach to the abutting property on that side, and the street area which lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street which lies within the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in the municipality.

2.

If the municipality acquired the street or other public area vacated for legal consideration before the final act of vacation, the fair market value of the street or public area shall be deposited with the municipality. Title transferred under this subsection shall be warranted by the municipality in the same manner as it was received.

3.

The provisions of subsection D.1 of this section notwithstanding, the platting authority may determine that all or a portion of the area vacated should be devoted to another public purpose and, if so, title to the area vacated and held for another public purpose does not vest as provided in subsection D.1 but remains in the municipality.

(AO No. 16-76; AO No. 82-49; AO No. 83-142; AO No. 88-32; AO No. 2002-95, § 3, 7-16-02; AO No. 2003-131, § 1, 10-7-03)