HomeMy WebLinkAbout2776 Requiring Full Compensation from Abutting Property Owners for Vacated Street Right-of-Way Property Owned by the City for 25 or more YearsOrdinance No. 2776
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
SECTION 12.20.090, COMPENSATION FOR VACATION, CHAPTER
12.20, STREET VACATION PROCEDURE, OF THE PORT
TOWNSEND MUNICIPAL CODE, REQUIRING FULL
COMPENSATION FROM ABUTTING PROPERTY OWNERS FOR
STREET VACATIONS PER RCW 35.79.030
WHEREAS, effective July 22, 2001, the Legislature's House Bill 1750
(amending RCW 35.79.030) authorizes cities to require full compensation from
abutting property owners for vacated street right-of-way property the City has owned
for 25 or more years; and
WHEREAS, for property held less than 25 years, the current limit of one-half
the appraised value stays in effect,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains
as follows:
SECTION 1. Chapter 12.20, Street Vacation Procedure, and Section
12.20.090, Compensation for vacation, of the Port Townsend Municipal Code is hereby
amended to read as follows (strikeout is deleted text, underline is added text):
12.20.090 Compensation for vacation.
A. All ordinances vacating any street, right-of-way or alley, or any part thereof, shall
provide that the same shall not become effective until the owners of property abutting
upon the street, right-of-way or alley, or part thereof so vacated, pay to the city one-half
of the appraised value of the area so vacated, or, the full appraised value of the area
vacated if the street or alley has been part of a dedicated public right-of-way for 25 years
or more, or the full appraisal value if the city acquired the right-of-way other than by
dedication; provided however, that in lieu of payment of appraised value, the city council,
in its discretion, may authorize and accept dedication or conveyance of real property to
the city in exchange for the vacated street, right-of-way or alley. In the event the city
council accepts such property exchange, the exchanged properties shall be for use by the
city for transportation, (motorized and nonmotorized) circulation, utility and/or
stormwater retention and control purposes. Frequently flooded areas, wetland areas,
natural drainage corridors, and areas which may serve local or regional stormwater
control purposes are considered properties having stormwater retention and control
purposes.
B. In considering and approving applications proposing a property exchange as
compensation in lieu of appraised value, the city council may waive the requirement that
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the applicant obtain an appraisal; provided, that qualified public works personnel (as
defined in PTMC 12.20.100) provide a written determination that the value of property
received will be equal to or greater than the value of the right-of-way vacated. In cases
where this determination is not made at the time the city council considers the
application, the city council's decision approving a street, right-of-way or alley vacation
application shall be conditioned upon this determination. The "value received" may
include intangible values or benefits received by the city through implementation of
comprehensive plan goals and policies (including goals and policies of the city's
"functional" and "subarea" plans) and provision of other public health, safety and welfare
benefits to the city.
C. One hundred percent of the revenue received by the City as compensation for
the area vacated must be dedicated to a reserved transportation system improvement
account for the purchase of rights-of-way or transportation facility easements within the
city.
SECTION 2. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law. The ordinance shall not apply to any
currently pending applications for street vacation as of the date of the passage of this
ordinance.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 18th day of September, 2001.
Geoff Masci, Mayor
Attest:
Approved as to Form:
Pamela Kolacy,
John P. Watts, City Attorney
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