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A. If any portion of the subject property abuts a body of fresh or salt water, it cannot be vacated unless:

1. The vacation is sought to enable the acquisition of property for any of the following purposes: port, beach or water access, boat moorage or launching sites, park, public view, recreation, or education, or other public uses.

2. By resolution, the City declares that the subject property is not presently being used as a street or alley or public place or public easement, and that it is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or

3. The vacation is sought to enable the implementation of a plan, adopted by resolution or ordinance, that will provide comparable or improved public access to the same shoreline area when the subject property has been vacated.

B. Before adopting a resolution vacating the subject property under this section, the City will:

1. Compile an inventory of all rights of way within the City that abut the same body of water that is abutted by the subject property;

2. Conduct a study to determine if the subject property is suitable for use by the City for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;

3. Hold a public hearing on the proposed vacation in the manner required by this chapter, where, in addition to the ordinary requirements for publishing notice, a notice of the public hearing is posted conspicuously on the subject property, which posted notice indicates that the area is public access and is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the hearing or send a letter to a particular official indicating his or her objection; and

4. Make a finding that the subject property is not suitable for any of the purposes listed under this section, and that the vacation is in the public interest.

C. No vacation will be effective under this section until the fair market value has been paid for the subject property. Monies received from the vacation may be used by the City only to acquire additional beach or water access, additional public view sites to a body of water, or additional boat moorage or launching sites. (Ord. M-4026 §5, 2012)