Vacation of right-of-way is controlled by Chapter 36.87 RCW and the provisions of this chapter. Road vacation procedures may be initiated either by board resolution or freeholder petition.
(Ord. 2023-010, 2023)
When a county road or any part thereof is considered useless, the board by resolution entered upon its minutes, may declare its intention to vacate and abandon the same or any portion thereof and shall direct the director of public works to report upon such vacation and abandonment.
(Ord. 2023-010, 2023)
Ten freeholders residing in the vicinity of any county road or portion thereof may petition the board to vacate and abandon the same or any portion thereof.
1.
The petition must show the land owned by each petitioner and set forth that such county road is useless as part of the county road system and that the public will be benefited by its vacation and abandonment.
2.
The petition shall be accompanied by an application fee in the amount specified in Kittitas County Code Chapter 4.16. When necessary to cover the cost and expenses incurred in the examination, report, appraisal and all proceedings pertaining to such petition to vacate and/or abandon, the petitioners will be required to pay such additional costs.
3.
On the filing of the petition and application fee and on being satisfied that the petition has been signed by petitioners residing in the vicinity of the county road or portion thereof, the board shall direct the director to report upon such vacation and abandonment.
(Ord. 2023-010, 2023)
Director's report. In response to the board's direction, the director of public works shall examine any county road or portion thereof proposed to be vacated and abandoned and report to the county on the following:
1.
Whether the county road should be vacated and abandoned;
2.
Whether the same is in use or has been in use;
3.
The condition of the road;
4.
Whether it will be advisable to preserve it for the county road system in the future;
5.
Whether the public will be benefited by its vacation and abandonment;
6.
A determination by appraisal of the fair market value of the area sought to be vacated;
8.
Whether the proposed area to be vacated contains utilities.
9.
All other matters which will be of interest to the board including an itemized list of costs and expenses incurred in the examination, report, appraisal and all proceedings pertaining to such petition to vacate and abandon.
(Ord. 2023-010, 2023)
Notice of hearing upon the report for vacation and abandonment of a county road shall be published by the board at least once a week for two consecutive weeks preceding the date fixed for the hearing in the county official newspaper and a copy of the notice shall be posted for at least twenty days preceding the day fixed for hearing at each termini of the county road or portion thereof proposed to be vacated or abandoned. Notice of hearing shall also be addressed through the United States mail to all property owners of record within a radius of three hundred feet of the exterior boundaries of the subject property and mailed not less than twelve days prior to the hearing.
(Ord. 2023-010, 2023)
On the day fixed for the hearing, the board shall proceed to consider the report of the director, together with any evidence for any objection against such vacation and abandonment. If the county road is found useful as a part of the county road system it shall not be vacated, but if it is not useful and the public will be benefited by the vacation, the board, by ordinance, may vacate the road or portion thereof.
(Ord. 2023-010, 2023)
If the board determines to vacate the road, one of the conditions for vacation shall be that petitioners pay to the county road fund the itemized costs and expenses detailed in Kittitas County Code Chapter 4.16. Upon payment of these costs and the meeting of any other terms and conditions included in the ordinance granting vacation and entered into its minutes, the road or portion thereof shall be considered vacated.
(Ord. 2023-010, 2023)
The board in its ordinance of vacation may require persons benefiting from the vacation of county roads to pay Kittitas County for the appraised fair market value of the property vacated. Such compensation shall be one of the conditions precedent to the actual vacation of the county road right-of-way. Pursuant to RCW 36.87.110 the board may separately classify county roads for which no public expenditures have been made in the acquisition, improvement or maintenance of the same, according to the nature of the county's property interest in the road, and determine compensation to the county, if any.
(Ord. 2023-010, 2023)
No county road or part thereof shall be vacated which abuts on a body of fresh water unless the purpose of the vacation is to enable any public authority to acquire the vacated property for port purposes, boat moorage or launching sites, or for park viewpoint, recreational, educational or other public purposes, or unless the property is zoned for industrial uses.
(Ord. 2023-010, 2023)
Whenever a county road or any portion thereof is vacated, the board may include in the ordinance authorizing the vacation, a provision that the county retain an easement in respect to the vacated land for the construction, repair, maintenance of public utilities and services which at the time the ordinance is adopted are authorized or are physically located in a portion of the land being vacated; provided, that the board shall not convey such easement to any public utility or other entity or person but may convey a permit or franchise to a public utility to effectuate the intent of this section. The term "public utility" as used in this section shall include utilities owned, operated, or maintained by every gas company, electrical company, communications company, telephone company, telegraph company, water company and sewer company whether or not such company is privately owned or owned by a governmental entity.
(Ord. 2023-010, 2023)
The benefiting property owners will each be offered one half of the vacated road and/or road right-of-way adjacent to their property. If one of the benefiting property owners does not wish to purchase the one-half portion of the road or road right-of-way adjacent to his/her property then the other benefiting property owner(s) shall be entitled to purchase that portion of the road and/or road right-of-way. If the property is not purchased by adjacent property owner(s), then said vacation shall be automatically voided.
(Ord. 2023-010, 2023)