This chapter establishes street vacation policies and procedures regarding petition for vacation by owner(s) of an interest in any real estate abutting a street right-of-way pursuant to RCW 35.79.
(Ord. 1995 § 1 (part), 2002)
A. 
The petition for street vacation shall be submitted to the Department. The complete application shall include a completed petition form, a vicinity map, a tax assessor’s map showing all properties abutting the vacation, total of assessed land value proposed for vacation, an appraisal per TMC Section 11.60.050, mailing labels for all property owners within 500 feet of the vacation boundaries, and a non-refundable application fee pursuant to TMC Section 11.60.040.
B. 
A completed petition form shall be one that is signed by owners of more than two-thirds of the properties abutting the street proposed for vacation.
C. 
If the assessed value of the land proposed for vacation is greater than $10,000, the complete application shall include a fair market appraisal.
D. 
The petition and application expire two years from date of application, if the vacation conditions have not been met and compensation paid.
(Ord. 1995 § 1 (part), 2002)
The Department shall be responsible for review of the petition, inspection and acceptance of all required construction, and vacation plan review. The fee for these services shall be set forth in a fee schedule to be adopted by motion or resolution of the City Council.
(Ord. 1995 § 1 (part), 2002)
A. 
The value of the right-of-way proposed for vacation shall be determined utilizing either of two methods: First, based on the assessed value of land abutting the street or, second, on an appraisal which was conducted no more than 3 months prior to the date of the application for vacation. Under the first method, the value shall be calculated by multiplying the total square footage of right-of-way by the assessed value per square foot of the abutting land, as set by the County Department of Records and Elections and the County Assessor’s office. Under the second method of calculation, a real property appraisal from a member of the American Institute of Real Estate Appraisers will be conducted.
B. 
If the calculated value is less than $10,000.00, the calculated value shall be used as the right-of-way value. If the calculated value is $10,000 or more, then the right-of-way value shall be set under the second method above.
C. 
Compensation shall be one-half of the valuation, except any part of the right-of-way that has been part of a dedicated right-of-way for 25 years or more shall be compensated at the full valuation.
D. 
One-half of the revenue received by the City as compensation must be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the City.
(Ord. 1995 § 1 (part), 2002)
The petitioners may grant or dedicate to the City, for street or other purposes, real property which has a fair market value, set by an appraisal less than three months old, at least equal to the compensation value set in TMC Section 11.60.050.
(Ord. 1995 § 1 (part), 2002)
For a vacation petitioned by another governmental agency, the City Council may waive compensation required by this code and may waive the filing fee, if the Council determines the waiver is in the public interest. In this case, the petitioner shall record a covenant at King County Records that provides the City compensation by the current fair market value, for future sale or lease by the governmental agency of the vacated property.
(Ord. 1995 § 1 (part), 2002)
Once the Department receives a complete application, the Department shall:
1. 
Propose a resolution to the City Council fixing a time, pursuant to RCW 35.79.010, when the matter will be heard.
2. 
Forward the petition and resolution to all City departments and all concerned utilities for review and comment.
3. 
Post on-site notification of the public hearing per RCW 35.79.020.
4. 
Provide notification of the public hearing to all property owners within 500 feet of the right-of-way proposed for vacation.
5. 
Provide the City Council all relevant information for decision deliberations during the public hearing.
(Ord. 1995 § 1 (part), 2002)
If the City Council approves all or part of a proposed vacation, it shall, by ordinance, vacate the property pursuant to RCW 35.79.030. The ordinance shall contain the valuation and compensation amounts, and all conditions that shall be met before the vacation is effective.
(Ord. 1995 § 1 (part), 2002)
The vacation shall be effective after the parties acquiring the land have compensated the City and have met all conditions of the ordinance, and all relevant documents have been recorded with King County Records, and all applicable fees pursuant to TMC Section 11.60.040 have been paid to the City.
(Ord. 1995 § 1 (part), 2002)