17.12.130 Granting – Conditions.
If the city council determines to grant the vacation, such action shall be made by ordinance with such conditions or limitations as the council deems necessary and proper to preserve any desired public use or benefit.
A. Easements. If the city council deems that to grant the vacation shall be to the public’s interest and advantage, the council may, by ordinance, vacate such street, alley or part thereof, reserving to the city an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit.
B. Rededication. If the council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may be granted only upon execution of a covenant running with such abutting land to rededicate such a portion upon a declaration of public use and necessity by the council.
C. Waterfront. The city shall not be authorized or have authority to vacate such street or alley, or any parts thereof, if any portion thereof abuts on any body of water unless such vacation is sought to enable the city to acquire the property for port purposes, boat moorage or launching sites, park, viewpoint, recreational, or educational purposes, or other public uses.
D. Compensation.
1. Any ordinance granting a street vacation may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate the city in an amount which does not exceed one-half the appraised value of the area vacated, except in the event that the street or alley has been part of a dedicated public right-of-way for 25 years or more or that the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the area vacated.
2. Where vacation or transfer of a public way is applied for by or on behalf of a nonprofit entity or another governmental agency, entity, or jurisdiction, or where the city council finds that approval of the vacation provides substantial public benefit, the city council may waive any compensation except filing fees normally required by this chapter. A transfer or vacation of property for which compensation has been waived under this section shall be accompanied by a covenant providing that the city shall be compensated at current fair market value at the time of any future sale or lease of the subject property by such other agency, entity, or jurisdiction.
E. Recording. Upon its effective date, a certified copy of the ordinance granting vacation shall be recorded by the city clerk and in the office of the auditor of the county in which the vacated land is located. (Ord. 2224 § 1, 2017; Ord. 1633 § 1, 1996).