12.16.100 Vacation of waterfront street.
A. The city shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water, unless:
1. The vacation is sought to enable the city to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, educational purposes, or other public uses;
2. The city council, by resolution, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or
3. The vacation is sought by the city to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abut, had the property included in the plan not been vacated.
B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section, the city shall:
1. Compile an inventory of all rights-of-way within the city that abut the same body of water that is abutted by the street or alley sought to be vacated;
2. Conduct a study to determine if the street or alley to be vacated is suitable for use by the city for any of the following purposes: port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education;
3. Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter;
4. Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under subsection (B)(2) of this section, and that the vacation is in the public interest; and
5. Determine the amount of compensation. The payment shall be delivered to the public works director, who, upon receipt of any such payment, shall transmit the same to the finance director for deposit. In the event that the petitioner has received approval of delivery of an instrument granting or dedicating to the city a parcel(s) of land in lieu of a cash payment as contemplated by LMC 12.16.110, the public works director, at the applicant’s expense, shall obtain a policy of title insurance insuring title thereto in the city.
C. No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Monies received from the vacation may be used by the city only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. (Ord. 2208 § 1, 1998)