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A. Pursuant to RCW 35.79.040, and regardless of who pays the compensation, fees and expenses of vacation, vacated streets, or alleys shall belong to the abutting property owners, one-half to each, provided that:

1. When only part of the street or alley is requested to be vacated, only that portion of the adjacent right-of-way up to the center line shall belong to the abutting owner; or

2. When the street or alley requested to be vacated is wholly contained within a subdivision and is part of the boundary of the subdivision, the entire street shall belong to the owner or owners of the property within the vacated subdivision, in compliance with RCW 58.17.212; or

3. When dictated by the particular circumstances of the situation, ownership of the underlying fee of a street or alley may be allocated by the City as equally and fairly as possible.

B. The ownership of the vacated street or alley shall be set forth in the street vacation ordinance in accordance with SMC 12.48.120(A). (Ord. 2123, 2007)