§ 17.32.050. Title to vacated area  


Latest version.
  • A. The title to the street or other public area vacated on a plat attaches to the lot or lands bordering on the area in equal proportions, except that if the area was originally dedicated by different persons, the original boundary lines shall be adhered to so that the street area which lies on one side of the boundary line shall attach to the abutting property on that side, and the street area which lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street which lies within the limits of a platted addition attaches to the lots of the platted addition bordering on the area. If a public square is vacated, the title to it vests in the city if it lies within the city. If the property vacated is a lot or tract, title vests in the rightful owner.

    B. If the city acquired the street or other public area vacated for legal consideration or by express dedication to and acceptance by the city other than required subdivision platting, before the final act of vacation, the fair market value of the street or public area shall be deposited with the planning commission to be paid over the city on final vacation.

    C. The council may vacate those streets, alleys, crossings, sidewalks, trails, or other public ways that may have been previously dedicated or established when the council, in its discretion, finds that the streets, alleys, crossings, sidewalks, trails, or other public ways are no longer necessary for the public welfare, or when the public welfare will be enhanced by the vacation.

(Prior Code, § 11.05.08(e))