To remove or vacate a plat from county records, the following procedure must be followed:
(A) A petition for vacating the plat must be presented to the City Council specifically identifying the plat and stating that petitioners are the owners of all the land described in the plat and that no rights of any person have intervened since the filing of plat that would be adversely affected by the cancellation or annulment of the plat;
(B) The City Council must hold a public hearing on the plat vacation. Notice of the public hearing should be given by certified mail to the landowners and anyone else with an interest in the land (including mortgage holders);
(C) Public notice of the hearing must be given by posting in three public places and publishing in a newspaper of general circulation in the county at least one week prior to the hearing on the petition; and
(D) The determination of the City Council should be based on public interest factors, including those that would be relevant to vacating public roads. If the plat is to be vacated, the order of vacation must designate to which properties the title to the streets and alleys must revert and that interior streets may pass to the adjoining landowners, with each adjoining landowner taking title to the center of the street. The City Council must consider the following in making its determination:
(1) Previous platting;
(2) The manner in which the right-of-way was originally dedicated, granted or conveyed;
(3) The reasons stated in the petition requesting the vacation; and
(4) Any agreements between the adjacent property owners regarding the use of the vacated area.
(Ord. 1974, passed 8-16-19)