2025-06-03 Council Committee A PacketAgenda
Edmonds City Council
COUNCIL COMMITTEE A
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
JUNE 3, 2025, 3:00 PM
Edmonds City Council Agenda
June 3, 2025
Page 1
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COMMITTEE MEMBERS: MICHELLE DOTSCH (CHAIR), SUSAN PAINE, WILL CHEN, AND COUNCIL
PRESIDENT (EX-OFFICIO MEMBER)
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. Amend Edmonds Community Development Code (ECDC) Chapter 20.70 Street Vacations (30
min)
ADJOURNMENT
City Council Agenda Item
Meeting Date: 06/3/2025
Amend Edmonds Community Development Code (ECDC) Chapter 20.70 Street Vacations
Staff Lead: Mike DeLilla/Jeanie McConnell
Department: Engineering
Preparer: Emiko Rodarte
Background/History
July 9, 2019 - Introduction at City Council PPW Committee
October 1, 2019 - Introduction at City Council
October 15, 2019 - Public Hearing at City Council
Staff Recommendation
Approval to present code amendment before City Council and hold a public hearing at a future date.
Narrative
Edmonds Community Development Code (ECDC) Chapter 20.70 Street Vacations establishes procedures
and criteria that the city uses to make decisions regarding vacations of streets, alleys, and public access
easements. Amendments to the street vacation code are proposed to address the following:
· Placement of street vacation code under Title 18 - Public Works Requirements
· Reorganization and clarification of various code sections to make the process and requirements
more clear
· Clarification that this code section applies to the vacation of streets, alleys, and public
easements relating to street, pedestrian or travel purposes
· Requirement for an appraisal to be completed by a city selected appraiser, at the expense of the
applicant and only after a resolution of intent has been approved by the council.
· Allowance for the conditions placed on the street vacation to be met within a timeframe set by
resolution or within 90-days as stated in the code.
Attachments:
Attachment 1 - Code marked up
Attachment 2 - Code clean version
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Edmonds
Chapter 20.7018.5518.55 STREET VACATIONS OF
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Chapter 20.7018.5518 XX55
STREET VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS
Sections:
20.7018.55.000 Purpose.
18.55.005 Definitions.
20.7018.55.010 A Applicability and effect.
20.7018.55.05015 Initiation of proceedings and application.
20.7018.55.020 Criteria for vacation.
20.70.030 City easement rights for public utilities and services.
20.7018.55.040 Limitations on vacations.
20.70.XXX Appraisals and appraisal fee.
20.7018.55.050 Initiation of proceedings.
20.7018.55.060 Application requirements.
20.7018.55.070 Date of Ppublic hearing – Date fixing.
20.7018.55.080 Staff report preparation
20.7018.55.090 Public notification – Contents and distribution.
20.7018.55.100 Vacation file content and availability.
20.7018.55.110 Public hearing procedures– Required.
20.7018.55.120 Public hearing – Continuation.
20.7018.55.130 Public hearing – Presentation by planning manager.
18.55.120 City easement rights for public utilities and services.
18.55.130 Appraisals and appraisal fee.
20.7018.55.140 Resolution of intent and Ffinal decision.
20.7018.55.000 Purpose.
This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys,
and other types of public access easements, or portions thereof relating to street, pedestrian or travel purposes. [Ord.
2933 § 1, 1993].
18.55.005 Definitions.
For the purposes of this chapter, the following terms shall be understood in accord with the definitions, below:
A. “applicant” shall refer to the petitioning owner(s) of property abutting upon the subject property.
B. “subject property” means the street, alley , public access easement, or portion thereof sought to be vacated.
C. “abutting” means having a lineal boundary in common with a portion of the boundary of the subject property. A
property that touches the subject property at a single point is not “abutting” under this definition. Where the
subject property constitutes less than the full width of the dedicated right-of-way and has not been improved for
travel purposes, then “abutting” means having a lineal boundary with only the subject property . Where the
subject property constitutes less than the full width of the dedicated right-of-way and where some portion of the
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subject property has been improved for travel purposes, then “abutting” means having a li neal boundary with
either side of the right-of-way segment that contains the subject property.
D. “public access easement” means an easement for public right-of-way or similar easement for pedestrian and/or
vehicular travel. Publicly owned easements that serve underground or overhead utilities but serve no travel
function do not fall within the definition of “public access easement” for the purposes of this chapter.
E. “portion thereof” means a portion of any street, alle y, or public access easement sought to be vacated.
F. “director” means the Public Works Director or their designee.
G. “necessary” or “necessity” means reasonable necessity in the foreseeable future. It does not mean absolute, or
indispensibleindispensable, or immediate need.
H. “travel” means vehicular, pedestrian, or other mode of travel by the public.
20.7018.55.010 Applicability and effect.
A. General. This chapter applies to each request for vacation of streets, alleys, and public access easements, or
portions thereof relating to street, pedestrian or travel purposes. This chapter shall not apply to vacationthe
release or termination of other types of public easements like utility easements. As used in this chapter, the term
“subject property” means the street, alley or public easement, or portions thereof sought to be vacated. Where the
term “applicant” is used, if the city did not initiate the vacation, “applicant” shall refer to the petitioning
owner(s) of property abutting upon the street or alley, or part thereof, subject to the vacation request. [Ord. 3910
§ 2, 2013; Ord. 2933 § 1, 1993].by city council or by petition. Note: if the street to be vacatedsubject property is
shown on the City’s official street map (Chapter 19.8018.50 ECDC), the an ordinance approved street
vacationvacating the subject property also changesshall be deemed to have amended the official street map to
remove the vacated streetsubject property (See Chapter 20.65 ECDC). The director shall be authorized to update
the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993].
20.7018.55.05015 Initiation of proceedings and application.
A. A vacation may be initiated by:
1. A. City council; or
2. B. Petition of the owners of more than two-thirds of property abutting the portion of the street or alley
to be vacated or, in the case of an easement,owners of two-thirds of property underlying the portion
of the easement to be vacatedsubject property.
C. Hereafter within this chapter, where the term “applicant” is used, if the city did not initiate the vacation,
“applicant” shall refer to the petitioning owner(s) of property abutting upon the street or alley, or part thereof,
subject to the vacation request. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].
B. Initiation by City Council resolution for vacation. The City Council may initiate a street vacation, by resolution,
vacation procedures. The resolution shall contain a legal description of the subject property. When a vacation is
initiated by resolution, staff shall prepare an application that conforms to D, below, ex cept that applications for such
vacations shall be exempt from D.1, D.3, and D.4.
C. Petition for vacation brought by abutting property owners . The vested title owners of an interest in any real
estatethe real property abutting upon any street or alley, or underlying any public easement governed by this
chaptersubject property, may petition the city council for vacation of the subject property. The petition shallmust
be signed by signed by the owners of more than at least two-thirds of the property abutting the street or
alleysubject property. The two-thirds ownership shall be calculated (based on front footagelinear frontage
abutting the subject property), or underlying the public easement (based on square footage).
D. An applicant may apply for a vacation by submitting the followingapplication for a street vacation initiated by
Petition shall contain the following items:
1. Application fees as set forth in ECDC 15.00.020, established by city council resolution in its sole
legislative discretion.
2. A signed agreement and paydeposit of sufficient funds to cover the cost of an appraisal as
provided for in Section 18.XX55.130XXX;
3. A. A valid vacation petition with supporting affidavits on forms provided by the
planningengineering division;
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4. B. A legal description of the subject propertystreet, alley, easement, or part thereof to be vacated.
This legal description shall be prepared by a surveyor registered in the state of Washington;
5. A completed application and fee as established by ordinanceresolution of the city council;
6. C. Fifteen paper copies of aA site survey, drawn to scale map showing the street, alley, easement
or part thereof to be vacated the segment of right-of-way containing the subject property and the
full width of the right-of-way [insert distance] feet in each direction of the limits of the subject
property; and
7. An assessor’s parcel map showing showing all properties with subdivision, block, lots, and
specifying open and unopened rights-of-way for a radius of 3400 feet from any boundary of the
street, alley, easement, or part thereof, to be vacated subject property. The site survey se site maps
must be e at ato scale of 1" = 50';
D. An 8-1/2-by-11-inch clear plastic transparency of the site map;
8. E. Address labels obtained from the Snohomish County comptroller’s office containing the names
and addresses of the owners of all property within 300 feet of any boundary of the street, alley,
easement, or part thereof, to be vacatedAdjacent Property Owners List following guidelines
established by the Planning Division; Address labels for the owners of real property within 300
feet of the boundaries of the subject property. Addresses shall be obtained from the Snohomish
County’s real property tax records. The adjacent property owners list must be current to within six
months of the date of initial application.;
9. F. A copy of the Snohomish County assessor’s map identifying the properties specified in
subsection 6E of this section;
10. Identification ofA title report that identifies the applicant as having a vested title in the abutting
property and that identifies which of the abutting property owners (or predecessors-in-interest)
originally dedicated the subject property; and
11. Any additional information or material that the Public Works Director or his/hertheir
appointeedesignee determines is reasonably necessary for the city council to consider the
requested vacation. [Ord. 2933 § 1, 1993].
G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair
market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only
is proposed to be vacated;
H. A completed application and fee as established by ordinance;
I. If the property was originally dedicated by one and only one of the abutting properties, the designation of
the property from which the right-of-way was dedicated; and
J. Any additional information or material that the manager of the planning division or his/her appointee
determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1,
1993].
20.7018.55.020 Criteria for vacation.
The city council may vacate the public’s right in a street, alley, or public easement relating to street, pedestrian or
travel purposessubject propertyeasement only if it finds that :
A. Tthe vacation and any conditions imposed pursuant to a resolution of intent to vacate , collectively, is are in the
public interest. This decision is left to the legislative discretion of the city council.; and
B. The street, alley, or public easement is not currently necessary for travel or other street purposes, nor likely to be
in the future and that if the public easement is primarily for pedestrian access, it is not likely to be useful for
pedestrian access now or in the future; and;
No property will be denied direct access as a result of the vacation. [Ord. 2933 § 1, 1993].
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20.70.030 Right to reserve easementsCity easement rights for public utilities and services.
In vacating a street, alley, or public easement governed by this chapter, the city council may reserve for the city any
easements or the right to exercise and grant any easements for the following purposes:
cConstruction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1,
1993].
Pedestrian walkway or trail purposes;
Construction, repair and maintenance of a third party utility company or municipal corporation or special
purpose district whothat has a vested interest in the subject property; and
Any other type of easement relating to the city’s right to control, use and manage rights -of-way.
20.7018.55.040 Limitations on vacations.
A. Areas that May Not Be Vacated. The city may not vacate any street, alley, public easement relating to street,
pedestrian or travel purposes, or part thereofsubject property that abuts any a body of water unless all elements
of RCW 35.79.035 are complied with, and the vacated area will thereby become available for the city or other
public entity to acquire and to use for a public purposesatisfied.
B. Objection by Property Owner. The city shall not proceed with the a city council initiated vacation if the owners of
50 percent or more of the lineal footage of property abutting the street or alley or part thereof, or underlying the
public easement or part thereof, to be vacatedsubject property file a written objection in the engineering division
prior to the timeno later than noon on the date of the hearing. [Ord. 2933 § 1, 1993].
20.70.XXX Appraisals and appraisal fee
The Public Works director is authorized to obtain appraisals from qualified, independent appraisers as part of
preparing staff reports on vacations. Payment to the City of an appraisal fee in the amount of five thousand dollars
($5000), which fee shall be used to obtain an appraisal, prepared by a city -selected appraiser establishing fair market
value of the street, alley, public easement relating to street, pedestrian or travel purposes, or part thereof to be
vacated, taking into account any reduction in fair market value associated with the reservation of any easements.
20.7018.55.050 Initiation of proceedings.
A vacation may be initiated by:
A. City council; or
B. Petition of the owners of more than two-thirds of property abutting the portion of the street or alley to be vacated
or, in the case of an easement, two-thirds of property underlying the portion of the easement to be vacated.
C. Hereafter within this chapter, where the term “applicant” is used, if the city did not initiate the vacation,
“applicant” shall refer to the petitioning owner(s) of property abutting upon the street or alley, or part thereof,
subject to the vacation request. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].
20.7018.55.060 Application requirements.
An applicant may apply for a vacation by submitting the following:
A. A vacation petition with supporting affidavits on forms provided by the planning division;
B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal description shall be
prepared by a surveyor registered in the state of Washington;
C. Fifteen paper copies of a site map showing the street, alley, easement or part thereof to be vacated and showing
all properties with subdivision, block, lots, and specifying open and unopened rights -of-way for a radius of 400 feet
from the street, alley, easement, or part thereof, to be vacated. These site maps must be at a scale of 1" = 50';
D. An 8-1/2-by-11-inch clear plastic transparency of the site map;
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E. Address labels obtained from the Snohomish County comptroller’s office containing the names and addresses of
the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be
vacated;
F. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection E of this
section;
G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair
market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only
is proposed to be vacated;
H. A completed application and fee as established by ordinance;
I. If the property was originally dedicated by one and only one of the abutting properties, the designation of the
property from which the right-of-way was dedicated; and
J. Any additional information or material that the manager of the planning division or his/her appointee determines
is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993].
20.7018.55.070 Date of Ppublic hearing – Date fixing.
Upon receiving a complete Subsequent to the completion of an application for vacation, or upon passage of a
resolution initiation by the city council seekinginitiating vacation, the city council shall by resolution fix a time
when the city council will hold a public hearing on the proposed vacation. The hearing will shall not be more than
60 days nor less than 20 days after the date of passage of the resolution scheduling the public hearing. [Ord. 2933 §
1, 1993].
20.7018.55.080 Staff report preparation.
A. Contents. The planning managerPublic Works Director or his/her designee shall consult with the City’s planning
managerdepartment on the proposal and prepare a staff report containing the following information:
1. All pertinent application materials submitted by the applicant;
2. All comments regarding the vacation received in the engineering division prior to distribution of the staff
report;
3. An analysis of the requested vacation in relation to the provisions of this chapter , state law, and the
applicable provisions of the comprehensive plan; and
4. A recommendation on the vacation.
B. Distribution. Prior to the hearing, the planning managerPublic Works Director shall distribute this the staff
report to:
1. Each member of the city council; and
2. Each applicant (if applicable). [Ord. 2933 § 1, 1993].
20.7018.55.090 Public notification – Contents and distribution.
A. Content. The city clerk shall prepare a public notice containing the following information:
1. A statement that a request to vacate the subject property treet, alley, easement, or part thereof will be
considered by the city council;
2. A locational description in non-legal language along with a vicinity map that identifies the street, alley,
easement, or part thereofsubject property proposed to be vacated;
3. A statement of the time and place of the public hearing before the city council;
4. A statement that the of the availability of the vacation file is available for viewing at Edmonds City Hall;
5. A statement of the right of any person to submit written comments to the city council prior to or at the4:00
pm on the date of the public hearing and to appear before the city council at the hearing to give comments
orally; and
6. A description of any easement under consideration to be retained by the cityrequired as a condition. In the
event an easement condition is desired, but was not included in the notice, the public hearing will be
continued to allow time for notice of the easement condition to be provided.
B. Distribution. At least 20 calendar days before the public hearing the engineering manager division shall distribute
the public notice as follows:
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1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the street,
alley, easement, or part thereof to be vacatedsubject property;
2. A copy will be sent to each the residents living immediately adjacent toof properties abutting the street,
alley, public easement relating to street, pedestrian or travel purposes, or part thereof to be vacatedsubject
property;
3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required;
4. At least three copies will be posted in conspicuous public places in the city; and
5. At least three one copyies will be posted on the subject property street, alley, easement, or part thereof to be
vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1, 1993].
20.7018.55.100 Vacation file content and availability.
A. Content. The planning managerpPublic wWorks dDirector shall compile a vacation file which contains all
information pertinent to the proposed vacation.
B. Availability. This file is a public record. It is available for inspection and copying in the engineering division
during regular business hours. [Ord. 2933 § 1, 1993].
20.7018.55.110 Public hearing procedures – Required.
A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993].
B. Continuation of public hearing. The city council may continue the hearing if, for any reason, it is unable to hear
all of the public comments on the proposed vacation, or if the city council determines that it needs more
information on the proposed vacation. If during the hearing, the city council announces the time and place of the
nextto continue the hearing on the vacation, no further notice of the hearing need be given, except as provided
in 18.55.090.A.6, where a new easement condition is under consideration . [Ord. 2933 § 1, 1993].
C. Presentation. At the outset of the hearing, the public works planning managerdirector or his/her designee shall
make a brief presentation of:
1. An analysis of the requested vacation in relation to the provision of this chapter , state law (as
necessary), and the applicable provisions of the comprehensive plan; and
2. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993].
D. Public Participation. Any interested person may participate in the public hearing in either or both of the
following ways:
1. By submitting written comments to the city council either by delivering the comments to the
engineering division prior to 4:00 pm on the hearing date or by giving the comments directly to the city
council at the hearing; and
1.2. By appearing in person, or through a representative, at the hearing and making oral comments directly
to the city council. The city council may reasonablereasonably limit the extent of these oral
comments to facilitate the orderly and timely conduct of the hearing.
20.7018.55.120 Public hearing – Continuation.
The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the
vacation, or if the city council determines that it needs more information on the vacation. If during the hearing, the
city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need
be given. [Ord. 2933 § 1, 1993].
20.7018.55.130 Public hearing – Presentation by planning manager.
At the outset of the hearing, the planning manager or his/her designee shall make a brief presentation of:
A. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of
the comprehensive plan; and
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Chapter 20.7018.5518.55 STREET VACATIONS OF
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B. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993].
18.55.120 Right to reserve easements.
In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and
grant any easements for the following purposes:
A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1,
1993].
B. Pedestrian walkway or trail purposes; and/or
C. Construction, repair and maintenance of utilities by a third-party utility company, municipal corporation, or
special purpose district that has a vested interest in the subject property.
Additionally and/or alternatively, the city council may condition the street vacation on the conveyance of an
easement between third-parties.
Utilities do not have a right to remain in vacated right-of-way without an easement. Nor will the city be liable for
any damages or loss to a utility by reason of such vacation. When a right-of-way is vacated the utility’s authority
from the City to have its facilities within such right-of-way is extinguished. The city will use its best efforts to notify
any utility that may have facilities within the right-of-way to be vacated to allow the utility an opportunity to
negotiate an easement for its facilities. Where a city reserves an easement for a utility, it may also require
compensation from that utility for the easement right, even when the utility is city owned.
18.55.130 Appraisals and appraisal fee
A. Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent
appraisal shall be required.
B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property and such
resolution contains an appraisal requirement, the petitioner shall deposit sufficient funds to cover the City’s
estimated cost of an appraisal of the subject property. In the event that the City’s actual appraisal cost is less
than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the
difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In
the event that the City’s actual appraisal cost is more than the amount deposited, the vacation compensation
payable to the City by the petitioner shall be increased by the difference between the deposit and the actual
appraisal cost. No street vacation ordinance may be adopted until Petitioner has paid for all appraisal costs. For
street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees.
CB. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains
an appraisal requirement, the director shall be authorized to obtain an appraisal of the fair market value of the
subject property from a qualified appraiser, taking into account any reduction in fair market value associated
with any other conditions imposed in the resolution of intent, including but not limited to a condition requiring
the dedication of an alternative right-of-way or the conveyance of an easement to a third-party.
DC. After the appraisal has been completed, the director shall notify the petitioner of the amount of
compensation required, adjusting for any difference between estimated and actual appraisal costs. The payment
shall be delivered by the property owner(s) to the City’s Finance and Administrative Services Director.
E. Waiver. The requirement for an appraisal and subsequent monetary compensation will be waived if a street
vacation initiated by City Council, by resolution, includes a finding that the public benefit accruing from the
vacation alone is sufficient to justify the vacation without any monetary compensation to the City. Because
requiring monetary compensation is expected to be the norm, any such finding shall articulate the factual basis
for deviating from the norm and not requiring monetary compensation.
20.7018.55.140 Resolution of Intent and Final decision.
A. Generally. Following the public hearing, the city council shallmay, by motion approved by a majority of the
entire membership in a roll call vote to , either:
2.1.a
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Chapter 20.7018.5518.55 STREET VACATIONS OF
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1. Adopt an ordinance granting the vacation; or
1. 2. Adopt a motion denying the vacation; or
3. Aadopt a resolution of intent to vacate. If there are insufficient votes to adopt a resolution of intent, the street
vacation will be deemed denied.
B. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate stating that the city
council willintends, by ordinance, to grant the vacate the subject propertyion if the applicant owner(s) of
property abutting upon the street or alley, or part thereof so vacated, meets specifiedc conditions within 90 days,
unless otherwisea different time period is specified within the resolution. The city may require any combination
of the following as conditions of the resolution of intent to vacate:
1. Easement Conditions. The city council may condition approval of a street vacation upon satisfaction of
any or all of the following easement related conditions:
a. a. Either:Reservation and/or conveyance of an easement as outlined in section ECDC
20.7018.55.030; and/or
2.
b. Acceptance of a grant of substitute public right-of-way; which has value as right-of-way
at least equal to the subject property.
c. Covenants intended to protect critical areas or otherwise limit future development on the
subject property; and/or
d. Other non-monetary conditions that would, in the city council’s discretion, be in the
public interest.
2. i. Monetary compensation. The city council shall condition approval of a street vacation upon
satisfaction of the following monetary conditions:
a. Payment of any outstanding appraisal fees as outlined in section ECDC 18.55.XXX; and
a.b. Payment to be paid to the city, prior to the final decisioneffective date of the
ordinance, in in thean amount of up to one-half the fair market value for the subject
property street, alley, or part thereof to be vacated unless the subject property was
acquired at “public expense,” or has been part of a dedicated public right-of-way for 25
years or more, in which case then full appraised fair market value shall be paid.; or
ii. The grant of a substitute public right-of-way which has value as an access way at least equal to the
vacated street, alley, or part thereof; or
iii. Any combination of subsections (A)(3)(a)(i) and (A)(3)(a)(ii) of this section totaling but not more
than one-half the fair market value of the street, alley, or part thereof to be vacated.
OR
b. A grant of an easement to the city in exchange for the easement vacated.
3. Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be
brought in Snohomish County Superior Court no later than 30 days following the adoption of the
resolution of intent. If such a challenge is successful, the city council shall determine whether to amend
the resolution of intent by adopting a different set of conditions or to deny the street vacation in its
entirety.
D. C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of
intent to vacate within the timeframe specified within the resolution 90 days, the city council shall adopt an
ordinance granting the vacation, provided that the city council shall not be required to adopt the vacation
ordinance if it finds, after reviewing the appraisal, that the monetary compensation to be paid to the city is not
sufficient to compensate for the public’s loss of the street, alley, public easement relating to street, pedestrian or
travel purposes or part thereof that would be vacatedsubject property. The effective date clause of the ordinance
shall be drafted to make the ordinance effective upon recording, and only if the ordinance contains proof of
payment received, with the City receipt number indicated on the ordinance.
B. Findings Required. As part of each ordinance granting a vacation, motion denying a vacation, or resolution
of intent to vacate, the city council shall adopt findings and conclusions to support its decision.
2.1.a
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Chapter 20.7018.5518.55 STREET VACATIONS OF
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D.E. C. Distribution. Within five working days of the city council decision, the public works planning director
manager shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral
testimony at the city council’s hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1985].
2.1.a
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Chapter 18.55 VACATIONS OF STREETS AND
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20250603 Chapter 18.55 DRAFT
Chapter 18.55
VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS
Sections:
18.55.000 Purpose.
18.55.005 Definitions.
18.55.010 Applicability and effect.
18.55.015 Initiation of proceedings and application.
18.55.020 Criteria for vacation.
18.55.040 Limitations on vacations.
18.55.070 Date of public hearing.
18.55.080 Staff report preparation
18.55.090 Public notification – Contents and distribution.
18.55.100 Vacation file content and availability.
18.55.110 Public hearing procedures
18.55.120 City easement rights for public utilities and services.
18.55.130 Appraisals and appraisal fee.
18.55.140 Resolution of intent and final decision.
18.55.000 Purpose.
This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys,
public access easements, or portions thereof. [Ord. 2933 § 1, 1993].
18.55.005 Definitions.
For the purposes of this chapter, the following terms shall be understood in accord with the definitions, below:
A. “applicant” shall refer to the petitioning owner(s) of property abutting upon the subject property.
B. “subject property” means the street, alley, public access easement, or portion thereof sought to be vacated.
C. “abutting” means having a lineal boundary in common with a portion of the boundary of the subject property. A
property that touches the subject property at a single point is not “abutting” under this definition. Where the
subject property constitutes less than the full width of the dedicated right-of-way and has not been improved for
travel purposes, then “abutting” means having a lineal boundary with only the subject property . Where the
subject property constitutes less than the full width of the dedicated right-of-way and where some portion of the
subject property has been improved for travel purposes, then “abutting” means having a lineal boundary with
either side of the right-of-way segment that contains the subject property.
D. “public access easement” means an easement for public right-of-way or similar easement for pedestrian and/or
vehicular travel. Publicly owned easements that serve underground or overhead utilities but serve no travel
function do not fall within the definition of “public access easement” for the purposes of this chapter.
E. “portion thereof” means a portion of any street, alley, or public access easement sought to be vacated.
F. “director” means the Public Works Director or their designee.
G. “necessary” or “necessity” means reasonable necessity in the foreseeable future. It does not mean absolute, or
indispensable, or immediate need.
H. “travel” means vehicular, pedestrian, or other mode of travel by the public.
18.55.010 Applicability and effect.
A. General. This chapter applies to each request for vacation of streets, alleys, and public access easements, or
portions thereof. This chapter shall not apply to the release or termination of other types of public easements like
utility easements. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].Note: if the subject property is shown on the City’s
official street map (Chapter 18.50 ECDC), an ordinance vacating the subject property shall be deemed to have
amended the official street map to remove the subject property (See Chapter 20.65 ECDC). The director shall be
authorized to update the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993].
18.55.015 Initiation of proceedings and application
A. A vacation may be initiated by:
1. City council; or
2.1.b
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Chapter 18.55 VACATIONS OF STREETS AND
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20250603 Chapter 18.55 DRAFT
2. Petition of the owners of two-thirds of property abutting the subject property.
B. Initiation by City Council resolution. The City Council may initiate a street vacation by resolution. When a
vacation is initiated by resolution, staff shall prepare an application that conforms to D, below, except that
applications for such vacations shall be exempt from D.1, D.3, and D.4.
C. Petition for vacation brought by abutting property owners. The vested title owners of the real property abutting
upon any subject property, may petition the city council for vacation of the subject property. The petition must
be signed by the owners of at least two-thirds of the property abutting the subject property. The two-thirds
ownership shall be calculated based on linear frontage abutting the subject property.
D. An application for a street vacation initiated by Petition shall contain the following items:
1. Application fees as set forth in ECDC 15.00.020, established by city council resolution in its sole
legislative discretion.
2. A signed agreement and deposit of sufficient funds to cover the cost of an appraisal as provided
for in Section 18.55.130;
3. A valid vacation petition on forms provided by the engineering division;
4. A legal description of the subject property. This legal description shall be prepared by a surveyor
registered in the state of Washington;
5. A completed application and fee as established by resolution of the city council;
6. A site survey, drawn to scale showing the the segment of right-of-way containing the subject
property and the full width of the right-of-way [insert distance] feet in each direction of the limits
of the subject property; and
7. An assessor’s parcel map showing all properties with subdivision, block, lots, and specifying open
and unopened rights-of-way for a radius of 300 feet from any boundary of the subject property.
8. Address labels for the owners of real property within 300 feet of the boundaries of the subject
property. Addresses shall be obtained from the Snohomish County’s real property tax records. The
adjacent property owners list must be current to within six months of the date of initial
application;
9. A copy of the Snohomish County assessor’s map identifying the properties specified in subsection
6 of this section;
10. A title report that identifies the applicant as having a vested title in the abutting property and that
identifies which of the abutting property owners (or predecessors-in-interest) originally dedicated
the subject property; and
11. Any additional information or material that the Public Works Director or their designee
determines is reasonably necessary for the city council to consider the requested vacation. [Ord.
2933 § 1, 1993].
18.55.020 Criteria for vacation.
The city council may vacate the public’s right in a subject property only if it finds that the vacation and any
conditions imposed pursuant to a resolution of intent to vacate, collectively, are in the public interest. This decision
is left to the legislative discretion of the city council. [Ord. 2933 § 1, 1993].
18.55.040 Limitations on vacations.
A. Areas that May Not Be Vacated. The city may not vacate any subject property that abuts a body of water unless
all elements of RCW 35.79.035 are satisfied.
B. Objection by Property Owner. The city shall not proceed with a city council initiated vacation if the owners of 50
percent or more of the lineal footage of property abutting the subject property file a written objection in the
engineering division no later than noon on the date of the hearing. [Ord. 2933 § 1, 1993].
18.55.070 Date of public hearing.
Upon receiving a complete application for vacation, or upon passage of a resolution by the city council initiating
vacation, the city council shall by resolution fix a time when the city council will hold a public hearing on the
proposed vacation. The hearing shall not be more than 60 days nor less than 20 days after the date of passage of the
resolution scheduling the public hearing. [Ord. 2933 § 1, 1993].
18.55.080 Staff report.
A. Contents. The Public Works Director or his/her designee shall consult with the City’s planning department on the
proposal and prepare a staff report containing the following information:
2.1.b
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Chapter 18.55 VACATIONS OF STREETS AND
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20250603 Chapter 18.55 DRAFT
1. All pertinent application materials submitted by the applicant;
2. All comments regarding the vacation received in the engineering division prior to distribution of the staff
report;
3. An analysis of the requested vacation in relation to the provisions of this chapter, state law, and the
applicable provisions of the comprehensive plan; and
4. A recommendation on the vacation.
B. Distribution. Prior to the hearing, the Public Works Director shall distribute the staff report to:
1. Each member of the city council; and
2. Each applicant (if applicable). [Ord. 2933 § 1, 1993].
18.55.090 Public notification – Contents and distribution.
A. Content. The city clerk shall prepare a public notice containing the following information:
1. A statement that a request to vacate the subject property will be considered by the city council;
2. A location description in non-legal language along with a vicinity map that identifies the subject property;
3. A statement of the time and place of the public hearing before the city council;
4. A statement that the vacation file is available for viewing at Edmonds City Hall;
5. A statement of the right of any person to submit written comments to the city council prior to 4:00 pm on the
date of the public hearing and to appear before the city council at the hearing to give comments orally; and
6. A description of any easement under consideration to be required as a condition. In the event an easement
condition is desired, but was not included in the notice, the public hearing will be continued to allow time for
notice of the easement condition to be provided.
B. Distribution. At least 20 calendar days before the public hearing the engineering division shall distribute the
public notice as follows:
1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the subject
property;
2. A copy will be sent to the residents of properties abutting the subject property;
3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required;
4. At least three copies will be posted in conspicuous public places in the city; and
5. At least one copy will be posted on the subject property to be vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1,
1993].
18.55.100 Vacation file content and availability.
A. Content. The public works director shall compile a vacation file which contains all information pertinent to the
proposed vacation.
B. Availability. This file is a public record. It is available for inspection and copying in the engineering division
during regular business hours. [Ord. 2933 § 1, 1993].
18.55.110 Public hearing procedures.
A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993].
B. Continuation of public hearing. The city council may continue the hearing if, for any reason, it is unable to hear
all of the public comments on the proposed vacation, or if the city council determines that it needs more
information on the proposed vacation. If during the hearing, the city council announces the time and place to
continue the hearing on the vacation, no further notice of the hearing need be given, except as provided in
18.55.090.A.6, where a new easement condition is under consideration. [Ord. 2933 § 1, 1993].
C. Presentation. At the outset of the hearing, the public works director or his/her designee shall make a brief
presentation of:
1. An analysis of the requested vacation in relation to the provision of this chapter, state law (as
necessary), and the applicable provisions of the comprehensive plan; and
2. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993].
D. Public Participation. Any interested person may participate in the public hearing in either or both of the
following ways:
1. By submitting written comments to the city council by delivering the comments to the engineering
division prior to 4:00 pm on the hearing date or by giving the comments directly to the city council at
the hearing; and
2.1.b
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20250603 Chapter 18.55 DRAFT
2. By appearing in person, or through a representative, at the hearing and making oral comments directly
to the city council. The city council may reasonably limit the extent of these oral comments to facilitate
the orderly and timely conduct of the hearing.
18.55.120 Right to reserve easements.
In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and
grant any easements for the following purposes:
A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1,
1993].
B. Pedestrian walkway or trail purposes; and/or
C. Construction, repair and maintenance of utilities by a third-party utility company, municipal corporation, or
special purpose district that has a vested interest in the subject property.
Additionally and/or alternatively, the city council may condition the street vacation on the conveyance of an
easement between third-parties.
Utilities do not have a right to remain in vacated right-of-way without an easement. Nor will the city be liable for
any damages or loss to a utility by reason of such vacation. When a right-of-way is vacated the utility’s authority
from the City to have its facilities within such right-of-way is extinguished. The city will use its best efforts to notify
any utility that may have facilities within the right-of-way to be vacated to allow the utility an opportunity to
negotiate an easement for its facilities. Where a city reserves an easement for a utility, it may also require
compensation from that utility for the easement right, even when the utility is city owned.
18.55.130 Appraisals and appraisal fee
A. Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent
appraisal shall be required.
B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property and such
resolution contains an appraisal requirement, the petitioner shall deposit sufficient funds to cover the City’s
estimated cost of an appraisal of the subject property. In the event that the City’s actual appraisal cost is less
than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the
difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In
the event that the City’s actual appraisal cost is more than the amount deposited, the vacation compensation
payable to the City by the petitioner shall be increased by the difference between the deposit and the actual
appraisal cost. No street vacation ordinance may be adopted until Petitioner has paid for all appraisal costs. For
street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees.
C. If the City Council adopts a resolution of intent to vacate the subject property and such resolution contains an
appraisal requirement, the director shall be authorized to obtain an appraisal of the fair market value of the
subject property from a qualified appraiser, taking into account any reduction in fair market value associated
with any other conditions imposed in the resolution of intent, including but not limited to a condition requiring
the dedication of an alternative right-of-way or the conveyance of an easement to a third-party.
D. After the appraisal has been completed, the director shall notify the petitioner of the amount of compensation
required, adjusting for any difference between estimated and actual appraisal costs. The payment shall be
delivered by the property owner(s) to the City’s Finance and Administrative Services Director.
E. Waiver. The requirement for an appraisal and subsequent monetary compensation will be waived if a street
vacation initiated by City Council resolution includes a finding that the public benefit accruing from the
vacation alone is sufficient to justify the vacation without any monetary compensation to the City. Because
requiring monetary compensation is expected to be the norm, any such finding shall articulate the factual basis
for deviating from the norm and not requiring monetary compensation.
18.55.140 Resolution of Intent and Final decision.
A. General. Following the public hearing, the city council may, by motion approved by a majority of the entire
membership in a roll call vote to adopt a resolution of intent to vacate. If there are insufficient votes to adopt a
resolution of intent, the street vacation will be deemed denied.
B. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate stating the city council
intends, by ordinance, to vacate the subject property if the applicant meets specified conditions within 90 days,
2.1.b
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Chapter 18.55 VACATIONS OF STREETS AND
PUBLIC ACCESS EASEMENTS
Page 5/5
20250603 Chapter 18.55 DRAFT
unless a different time period is specified within the resolution. The city may require any combination of the
following as conditions of the resolution of intent to vacate:
1. Conditions. The city council may condition approval of a street vacation upon satisfaction of any or all
of the following related conditions:
a. Reservation and/or conveyance of an easement as outlined in section ECDC 18.55.030;
b. Acceptance of a grant of substitute public right-of-way;
c. Covenants intended to protect critical areas or otherwise limit future development on the
subject property; and/or
d. Other non-monetary conditions that would, in the city council’s discretion, be in the
public interest.
2. Monetary compensation. The city council shall condition approval of a street vacation upon
satisfaction of the following monetary conditions:
a. Payment of any outstanding appraisal fees as outlined in section ECDC 18.55.XXX; and
b. Payment to the city, prior to the effective date of the ordinance, in an amount of up to
one-half the fair market value for the subject property unless the subject property was
acquired at “public expense” or has been part of a dedicated public right-of-way for 25
years or more, in which case full fair market value shall be paid.
3. Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be
brought in Snohomish County Superior Court no later than 30 days following the adoption of the
resolution of intent. If such a challenge is successful, the city council shall determine whether to amend
the resolution of intent by adopting a different set of conditions or to deny the street vacation in its
entirety.
D. C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of
intent to vacate within the timeframe specified within the resolution, the city council shall adopt an ordinance
granting the vacation, provided that the city council shall not be required to adopt the vacation ordinance if it
finds, after reviewing the appraisal, that the monetary compensation to be paid to the city is not sufficient to
compensate for the public’s loss of the subject property. The effective date clause of the ordinance shall be
drafted to make the ordinance effective upon recording, and only if the ordinance contains proof of payment
received, with the City receipt number indicated on the ordinance.
E. Distribution. Within five working days of the city council decision, the public works director shall mail a copy
of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city
council’s hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1985].
2.1.b
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