County road rights-of-way may be vacated by the board either upon a petition submitted by adjacent property owners, or by its own motion, in accordance with the provisions of Chapter 36.87 RCW. After consideration of the county engineer’s report and other recommendations (i.e. public testimony, staff response, and other agencies’ comments), if the board finds that the right-of-way is not useful and the public will be benefited, the board may vacate the right-of-way. Kitsap County shall receive compensation as provided in this chapter.
(Ord. 353 (2006) § 2, 2006)
Pursuant to the provisions of RCW 36.87.100 and 36.87.110, all county rights of way are designated as follows:
Type E (Expenditures): Unimproved or improved where credible evidence exists which supports the conclusion that public expenditures have been made in the acquisition, improvement, or maintenance of the right-of-way, and the county or public has any type of property interest for use as a county road or for the use of the traveling public.
Type NE (No Expenditures): Unimproved or improved where no credible evidence exists which supports the conclusion that public expenditures were made in the acquisition, improvement, or maintenance of the right-of-way, and the county or public has any type of property interest for use as a county road or for the use of the traveling public. This includes right-of-way, which lies within a dedicated platted subdivision and real property interests originally conveyed to Kitsap County by the present petitioner for the vacation of said road.
(Ord. 353 (2006) § 3 2006)
Compensation to the county for vacation of the right-of-way shall be as follows:
Type E: The amount of the compensation shall be determined by utilizing present Kitsap County’s assessor values for adjacent comparative properties. The minimum compensation suggested for a road vacation will be 50% of assessed value. Any road that was previously improved or maintained by the county will require compensation at 75% of assessed value. Any right-of-way that was purchased by the county will remand compensation at 100% of assessed value. Administrative costs will also be applied.
Type NE: Administrative costs only.
(Ord. 353 (2006) § 4, 2006)
The amount of compensation as determined by the board according to the designations in Section 11.42.040 must be paid as a condition precedent to the vacation of any county right-of-way and shall be paid to the Kitsap County department of public works by petitioner within fifteen workings days after the Final Order of Road Vacation is approved by the county board of commissioners.
Compensation for assessed value may, when it is in the best interest of the county, include real property of equivalent value to the right-of-way being considered for vacation.
When a road is vacated for a governmental agency, compensation shall be in accordance with the designation of the road, except that some or all of the compensation may be waived at the discretion of the board.
The board may waive some or all of the compensation for any designation of road, if it determines that it would be in the county’s best interest to do so.
(Ord. 353 (2006) § 5, 2006)
A nonrefundable application fee for processing road vacation petitions as established by Kitsap County ordinance current at time of submittal shall be paid by the applicant prior to commencement of the vacation procedure. This fee shall apply to the total administrative costs due. A complete outline of vacation procedures shall be printed and made available to prospective applicants at the Kitsap County department of public works.
(Ord. 353 (2006) § 6, 2006)