12.48.020 Petition – Procedure – Investigation – Survey.
A. Upon receiving a petition, and payment of fees for the vacation of a City street or alley, and upon completion of the report referenced in Subsection C below, from the Public Works Director or designee (hereafter “Public Works Director”), the City Clerk will place the matter upon the agenda of a meeting of the City Council. The City Clerk shall notify the petitioners in writing of the date the matter shall come before the City Council.
B. The City Clerk shall notify the Public Works Director of all proposed vacations. It shall be the duty of the Public Works Director to investigate and report on the matters set forth in SMC 12.48.020(C).
C. Prior to the presentation of the petition to the City Council, the Public Works Director shall investigate and report on the following:
1. Ownership of the property abutting on the street or portion sought to be vacated. Proof of ownership of abutting property by the title insurance or certificates may be required, such proof to be furnished by, and at the expense of, the petitioners;
2. Whether and in what respect the public may be benefited or harmed by the vacation;
3. Whether the public benefit of the area’s use is insufficient to justify the cost of maintenance;
4. Which property or properties will be directly benefited or adversely affected by the vacation, and in what way;
5. What effect the vacation will or may have upon property served or which might be served by said vacated street, and whether said street has been opened or constructed, and if so, to what standard;
6. How said street relates to other streets and highways, and whether other portions of the subject street or alley have already been vacated;
7. Whether the substitution of an alternate way would be more useful to the public;
8. Whether future changes in conditions may increase public use or need;
9. How and when the street or alley sought to be vacated became a public right-of-way;
10. Whether any utilities now exist in said street, or whether such street may be reasonably necessary for future utility uses;
11. The necessity or desirability of the City retaining an easement or the right to exercise and grant easements for emergency vehicle access and construction, repair, and maintenance of public utilities and services over the land sought to be vacated;
12. Whether any abutting owner would become landlocked or its access substantially impaired; i.e., whether there is an alternative motive ingress and egress, even if less convenient;
13. If the right-of-way abuts a body of water, how the proposed vacation would or would not comply with the requirements set forth in RCW 35.79.035; and
14. Any other matters relevant to the vacation of the street or alley.
D. The Public Works Director shall determine whether or not the location and legal description of the street or alley proposed for vacation are sufficiently 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 Public Works Director 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 with the boundaries of the proposed vacation marked upon the ground and an accurate legal description by a licensed surveyor of the proposed vacation to be furnished to the City at the applicants’ expense. The City shall not proceed further upon the vacation petition and a public hearing shall not be set until such a survey has been done and legal description received. (Ord. 1364, 1977; Ord. 2123, 2007; Ord. 2305, 2016)