A. Payment for Vacation. Ordinances vacating any street or alley or part thereof which has not been acquired at public expense shall not be passed by the city council until a sum equal to one-half of the fair market value, as shown in the appraisal, of the area is paid to the city; provided, that where the area vacated was part of a dedicated right-of-way for 25 years or more or was acquired at public expense, the city’s public works director may require, in the director’s discretion after considering the public interest, that the sum to be paid to the city be in an amount not to exceed the full fair market value, as shown in the appraisal, of the area vacated, but the required payment shall be in an amount equal to at least one-half of said fair market value. As contemplated by LMC 12.16.100, the full fair market value, as shown in the appraisal, shall be paid upon vacation of the 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 the 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 LMC 12.16.030 for the city’s costs relating to research and processing of the vacation request. (Ord. 3276 § 1, 2017; Ord. 2673 § 1, 2007; Ord. 2208 § 1, 1998)