1990 - Resolution - Superseding Resolution 1670 and Adopting Street/Alley Vacation Policy and FeesRESOLUTION N0.1990
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON
SUPERSEDING RESOLUTION NO. 1670 AND ADOPTING A
STREET/ALLEY VACATION POLICY AND FEES
WHEREAS, RCW 35.79 sets forth statutory provisions for street vacations, and
WHEREAS, the City Council is the guardian of all public property and has an obligation to
review each request to vacate public right-of-way, and
WHEREAS, it is the desire of the City Council to establish policies setting consistent basic
standards which will serve as a guide for property owners, city staff and elected officials, now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE:
THAT the following is hereby adopted as the City of Port Orchard
STREET/ALLEY VACATION POLICY
It is the policy of the City of Port Orchard to grant vacation of street/alley right-of-way
when it is determined that such property is not needed presently or in the future for public access including
vehicular, pedestrian and/or visual access.
SECTION 1. A Petition to Vacate shall be submitted to the City Clerk's Office. City staff
shall review petition prior to acceptance to confirm all information, fees, and attachments are included.
SECTION 2. The accepted petition shall be transmitted to the Street/Alley Committee
and the City Engineer for administrative review and recommendation. Each proposed vacation shall be
considered on its own merit; however, the Review Standards contained herein (Section 4) shall be used
as base review criteria.
SECTION "! After administrative review, the Clerk's Office shall prepare a draft
resolution for Council consideration setting date and time for a Public Hearing on the Petition to Vacate.
Such Public Hearing shall not be more than sixty (60) days and not less than twenty (20) days after date of
passage of such Resolution.
SECTION 4. REVIEW STANDARDS. The following are standards, which shall constitute
the base for the review of each petition to vacate. The review process shall not be limited by these
delineated standards. Other factors may be considered which are unique to a specific action.
(1) The right-of-way must be determined to have no foreseeable or possible public
use.
(2) State law (R.C.W. 35.79) "No city or town shall be authorized to have authority to
vacate such street, or alley, or any parts thereof if any portion thereof abuts on a body of salt or fresh
water unless such vacation be sought to enable the city, town, port district, or state to acquire the property
for port purposes, boat moorage, or launching sites, recreational, viewpoint, park, or educational
purposes, or other public uses. This proviso shall not apply to industrial zoned property."
(3) The removal of public access does not adversely affect access to other
property(s). No vacation will be allowed if such action land locks any existing parcel, lot of record, or tract.
Resolution No. 1990
Page 2 of 2
(4) The vacation of the property does not adversely affect utilities such as water,
sewer, storm, electric and others.
(5) The enlarging of property area does not create potential or actual land uses that
are inconsistent with city growth plans and goals.
(6) The City receives the fullest monetary amount allowed by law.
(7) The petition should contain the approval of all the abutting property owners and
proof of ownership must accompany the petition.
(8) There has been a public hearing as set forth by RCW 35. 79, with adjacent
property owners receiving notification.
SECTION 5. FEES: All actions to petition for vacation of public right-of-way shall be
subject the following fees:
(1) Application Fee: The application fee to submit a Petition to Vacate Public Right-
of-Way shall be $100.00. This is a non-refundable fee and shall be paid by the petitioner. In the event the
administrative cost to process a Petition to Vacate exceeds $100.00, the petitioner will be assessed
additional fees.
(2) Compensation for vacated property: The petition to vacate public right-of-way
shall be accompanied by a certified check that provides for full-appraised value of the land. The value
of the land will be based on the following square foot valuations: Residential: $5.00; Commercial: $1 0.00;
and, Industrial: $10.00. In lieu of a certified check based on the estimated values, the petitioner may
submit a certified check based on an appraisal. The appraisal must be included with the petition. The
City reserves the right to accept or reject the submitted appraisal. If the Petition is denied the certified
check will be returned to the petitioner.
PASSED by the City Council of the City of Port
attested by the Clerk in authentication of such passage this 23rd
chard, APPROVED by the Mayor and
y of September 2002.
~ ,<?
LESLIE J. WEATHERILL, MAYOR
Patricia Parks, City Clerk