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17.16 - 1 CHAPTER 17.16 PLAT VACATION SECTION: 17.16.110: Application for Vacation 17.16.120: Vacation of Street 17.16.130: Procedure for Vacation 17.16.140: Title of Vacated Property 17.16.180: Vacation and Alteration of State-Owned Land 17.16.110: Application for Vacation: Whenever any person desires the vacation of a division, or portion thereof, or any area designated or dedicated for public use, he shall file an application for vacation with the City on a form supplied by it. The application must state the reasons for the vacation, be signed by all owners of the portion of the division sought to be vacated and accompanied by a list of all owners within the division. If the division is subject to restrictive covenants which were filed at the time of the approval of the division and the vacation would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. (Ord. 5280 Sec. 1, 2010) 17.16.120: Vacation of Street: When the vacation application is specifically for a city street, the procedures for street vacation in RCW 35.79 will be used. When the application is for the vacation of the plat together with streets, the procedure for vacation in this Chapter will be used, but vacations of streets may not be made that are prohibited under RCW 35.79.030. (Ord. 5280 Sec. 1, 2010) 17.16.130: Procedure for Vacation: Upon receipt of a completed application, the Plat Administrator will give notice as provided in KMC 17.10.040 and 17.10.050, and the Hearing Examiner will conduct a public hearing. The Hearing Examiner may approve or deny the application after determining the public use and interest to be served by the vacation. If any portion of the division was dedicated to the public for public use or benefit, it must be deeded to the City, unless the Hearing Examiner finds that the public use would not be served by retaining title to those lands. (Ord. 5415 Sec. 36, 2012: Ord.5322 Sec. 45, 2010: Ord. 5280 Sec. 1, 2010) 17.16.140: Title of Vacated Property: Title of vacated property will vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public for public use, other than a road or street, and the City has found that retaining title to the land is not in the public interest, title thereto will vest with the person or persons owning the property on each side thereof, as determined by the City. When the road or street, that is to be vacated, was contained wholly within the division and is part of the boundary of the division, title to the vacated road or street will vest with the owner or owners of the property contained within the vacated division. (Ord. 5280 Sec. 1, 2010) ---PAGE BREAK--- 17.16 - 2 17.16.180: Vacation and Alteration of State-Owned Land: This Chapter shall not be construed as applying to the vacation, alteration, or replatting of any plat of State-granted tide or shore lands. (Ord. 5280 Sec. 1, 2010)