17.10.040 - Vacation of Public Streets or Easements.

A.

Street. State law governs the process required to vacate a Public Street. The process varies according to the nature of the City's property interest in the Street and the manner by which the property was acquired.

1.

Typically, upon proper notice, Planning Commission recommendation, and a finding that the public and no person will be adversely affected by the vacation, the City Council may by Resolution, establish the fair market value basis for the purchase price of the vacated Right-of-way. In most circumstances, upon payment of fair market value, the Street will be vacated from the center line of the Right-of-way to each of the adjoining property Owners.

2.

The Planning Commission shall incorporate the vacated Street into the adjoining Lots or Parcels by Plat (or Plat Amendment). The vacation shall not be effective until the Plat (or Plat Amendment) is recorded.

B.

Utility Easement. State law governs the process to wholly vacate a utility easement. Amendments to utility easements can be made in the normal platting process, with the consent and mylar signature of the affected utility or utilities.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020; Ord. No. 2023-27, § 1(Exh. A), 9-12-2023)