HomeMy WebLinkAbout1513 - Ordinance - Establishing Procedures to Request Vacation of Right of WayORDINANCE NO. 1513
AN ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON, ESTABLISHING
PROCEDURES TO REQUEST VACATION OF PUBLIC
RIGHT OF WAY.
WHEREAS, the City of Port Orchard has undeveloped
right of way that may be of value to abutting property owners;
and
WHEREAS,the City may decide to vacate right of way
if that property will not be needed in the future; and
WHEREAS, it costs public funds to process a petition
to vacate requests;
THEREFORE, the City Council of the City of Port
Orchard hereby establishes the procedure to process any petition
to vacate a right of way:
1. The petition to vacate a right of way shall be
accompanied by a petition fee as set by Council Resolution.
2. The petition to vacate a right of way shall be
accompanied by a certified check that provides for one-half the
cost of the value of the land. The value of the land will be
based on square foot valuations as set by Council Resolution.
3. The City Clerk will not process the petition
without the above conditions being fulfilled.
4. The City Council reserves the right to require
an appraisal be completed at the expense of the petitioner. At
the Council's prerogative, the appraisal shall be completed by
either a certified or noncertified appraiser and approved by the
Council. If the Council requires an appraisal and the appraisal
exceeds the valuations as set by Council Resolution, the
petitioner shall provide the City with the additional required
funds. If the appraisal determines the cost is less than the
established values, the City will reimburse the difference based
on the amount of the certified check and the appraised value.
5. The City will hold the certified check for a
maximum of six months after the Council approves the vacation.
If by that time, the petitioner has not completed the
transaction, the petitioner shall forfeit the certified check.
The City Treasurer shall cash the check and deposit the funds in
the appropriate City fund.
Ordinance No. 1513
Page Two
6. The cost of the petition fees and appraisal shall
not be credited towards the cost of the right of way.
PASSED by the City Council of the City of Port Orchard,
APPROVED by the Mayor and attested by the Clerk in authentication of
such passage this 22nd day of April, 199 .
LESLI J. WEATHERILL, MAYOR
ATTEST:
P tricia Hower, C ty Clerk
APPROVED AS TO FORM: Sponsored By:
City Attorney Councilman Morrison