The purpose of a vacation or alteration procedure is to allow for the deletion or alteration of an approved land division, dedicated right-of-way or easement.
(Ord. 1159 NS § 1, 1997)
A. 
Any person, firm, corporation or other entity interested in the vacation or alteration of any subdivision or portion thereof, or any area designated or dedicated for public use, within the city of Colville shall submit a complete application to the plat administrator. The application shall be accompanied by fees in accordance with the fee schedule established through resolution by the city council.
B. 
An application for a vacation or alteration shall consist of the following:
1. 
An application form, completed and signed by all persons, firms, or corporations holding an interest in the property; legal description of the property subject to vacation; date of application;
2. 
A minimum of six copies or prints of the plat drawing;
3. 
An explanation of the reasons for the vacation or alteration;
4. 
Copies of any restrictive covenants; if the land is subject to restrictive covenants which were filed at the time of the approval of the land division, and the application for vacation or alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the land division or portion thereof;
5. 
Title report on any portion of the land contained in the subdivision subject to vacation;
6. 
Names and addresses of all property owners within 300 feet of the boundaries of the property proposed to be vacated as those names appear on the records of the Stevens County assessor;
7. 
Location of existing structures and other features such as roads, streets, bodies of water, utilities and utility easements, and other pertinent information.
(Ord. 1159 NS § 1, 1997; Ord. 1225 NS § 5, 2001)
A. 
A plat vacation or alteration shall be processed as a Type IV application in accordance with Chapter 17.108 CMC.
B. 
The Planning commission at a public hearing may recommend approval of a vacation or alteration request, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. 
The vacation or alteration to the previously approved subdivision is in compliance with the Colville comprehensive plan, CMC Title 17, Zoning, this title and the requirements of Chapter 58.17 RCW and other applicable state laws in effect at the time of application to vacate or alter.
2. 
The public use will be served by the alteration to the previously approved land division.
3. 
The vacation or alteration will not create or render an existing use or structure nonconforming under the provisions of CMC Title 17, Zoning.
C. 
A certified copy of said ordinance shall be filed for record with the Stevens County auditor. All documents presented to the county auditor for recording shall be accompanied by such filing fees as are required by that office and such fees shall be paid by the applicant.
(Ord. 1159 NS § 1, 1997; Ord. 1488 NS § 12, 2012)
The procedure for vacation or alteration as provided herein shall be used when the application involves the vacation of the plat together with the roads and/or streets, or the vacation of a city street or road only.
(Ord. 1159 NS § 1, 1997)
Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title shall vest with the person or persons owning the property on each side, as determined by the city council. When the road or street that is to be vacated was contained wholly within the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
(Ord. 1159 NS § 1, 1997)