11.05.120 Compensation for vacation.
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A. Payment for Vacation. Ordinances vacating the subject property will not become effective until the owners of the abutting property have compensated the city in the amount required by this subsection.
B. For vacated properties that were not acquired at public expense and have not been part of a dedicated public right-of-way for 25 years or more, the owners of abutting properties must compensate the city in an amount equal to one-half of the fair market value as shown in the appraisal of the area to be vacated.
C. Compensation for Public Expense. For vacated properties that were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, the owners of abutting properties must compensate the city in an amount equal to the full fair market value of the property to be vacated as shown in the appraisal.
D. Vacation without Compensation. The council may pass an ordinance to vacate a property without requiring the abutting property owners to pay the city for such vacation where:
1. The subject property was not acquired at city expense;
2. The city determines that the subject property is not needed for public travel either now or in the foreseeable future; and
3. The city’s maintenance or upkeep of the subject property is unrelated to its use for public travel.
E. Compensation for Vacation of Streets Abutting Bodies of Water. Pursuant to VMC 11.05.100, the full market value, as shown in the appraisal, of the subject property, must be paid upon the vacation of streets that abut bodies of water.
F. In-Lieu Transfers of Property. Conveyance of other property or infrastructure acceptable to the city may be made in lieu of the payment required by this section, whether required to mitigate adverse impacts of the vacation or otherwise. When such conveyance is made for street purposes, one-half of the fair market value as shown in the appraisal of the land conveyed will be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed will be credited to the required payment. When the value of the in-lieu parcel is less than the payment required by this section, the property owners must pay the difference to the city. When the value of the in-lieu parcel exceeds the payment required by this section, the city may pay the difference to the property owner.
G. Vacations of Streets or Alleys Subject to 1889-90 Laws of Washington, Chapter 19, Section 32 (Nonuser Statute). The city council’s adoption of a vacation ordinance for those streets and alleys subject to the 1889-90 Laws of Washington, Chapter 19, Section 32 (nonuser statute) will not require compensation by the abutting owners. However, the property owners requesting the vacation must pay the city’s costs relating to researching and processing the vacation request as described in VMC 11.05.040.
H. Disposition of Revenue. At least one-half of the received compensation will be dedicated to the acquisition, improvement, development, and related maintenance of public open space and/or transportation capital projects within the city; provided, that all compensation for the vacation of property which abuts a body of water is deposited in a fund designated for the sole purpose of acquiring additional beach or water access, additional public view sites to a body of water, or additional moorage or launching sites. Any compensation received by the city which is not dedicated to public open space or transportation capital projects or to the acquisition of additional water access, view sites or launching sites, will be deposited into the street fund. (Ord. M-4026 §5, 2012)