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A. Payment for Vacation. Ordinances vacating any street, alley or public place shall not be passed by the city council until the owners of the property abutting upon the street, alley or public place so vacated, shall compensate the city in the amount required by this subsection. For those streets, alleys or public places that have not been acquired at public expense and which have not been part of a dedicated public right-of-way for 25 years or more, the property owners shall compensate the city in an amount equal to one-half of the fair market value, as shown in the appraisal, of the area vacated. For those streets, alleys or public places that have been acquired at public expense or which have been part of a dedicated public right-of-way for 25 years or more, the property owners shall compensate the city in an amount equal to the full fair market value of the area vacated, as shown in the appraisal. As contemplated by GHMC 12.14.014, the full fair market value, as shown in the appraisal, shall be paid upon vacation of streets abutting upon bodies of water.

B. In-Lieu Transfers of Property. Conveyance of other property acceptable to the city may be made in lieu of the payment required by subsection A of this section, whether required to mitigate adverse impacts of the vacation or otherwise. When such conveyance is made for street purposes, one-half of the fair market value, as shown in the appraisal, of the land conveyed shall be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed shall be credited to the required payment.

When the value of the in-lieu parcel is less than the payment required by subsection A of this section, the petitioner shall pay the difference to the city. When the value of the in-lieu parcel exceeds the payment required by subsection A of this section, the city shall pay the difference to petitioner.

C. Vacations of Streets or Alleys Subject to 1889-90 Laws of Washington, Chapter 19, Section 32 (Non-user statute). The city council’s adoption of a vacation ordinance for those streets and alleys subject to the 1889-90 Laws of Washington, Chapter 19, Section 32 (non-user statute) shall not require compensation by the abutting owners. However, the property owners requesting such vacation shall pay the city’s administrative fees described in GHMC 12.14.004(A) for the city’s costs relating to research and processing of the vacation request.

D. Vacations Initiated by Council Resolution. The council may pass a vacation ordinance to vacate a street, alley or public place without requiring that the abutting property owners make payment to the city for such vacation where:

1. The street, alley or public place was not acquired at city expense;

2. The city determines that the street, alley or public place is not needed for public travel either now or in the foreseeable future;

3. The city’s maintenance or upkeep of the street, alley or public place is unrelated to any use of the street, alley or public place for public travel. (Ord. 924 § 1, 2003; Ord. 723 § 1, 1996).