(A) Any plat filed in the office of the County Clerk may be vacated or a portion of the plat may be vacated provided:
(1) The owners of the land in the territory proposed to be vacated sign a statement, duly acknowledged, declaring the plat or a portion of the plat to be vacated; and
(2) The statement is endorsed “Approved” by the Planning and Zoning Commission of the City of Elephant Butte.
(B) In approving the vacation or partial vacation of a plat, the City Council of the City of Elephant Butte shall consider if the vacation or partial vacation of a plat will adversely affect the interests or rights of persons in contiguous territory or within the subdivision being vacated. In approving the vacation or partial vacation of a plat, the Planning and Zoning Commission may require that streets dedicated to the city in the original plat shall continue to be dedicated to the municipality. The owners of lots on the vacated plat or on the portion of the plat being vacated may enclose in equal portions the adjoining streets and alleys which are authorized to be abandoned by the Planning and Zoning Commission.
(C) The statement declaring the vacation or partial vacation of a plat and having the proper endorsements shall be filed in the office of the County Clerk wherein the original plat is filed. The County Clerk shall mark the applicable words “Vacated” or “Partially Vacated” across the plat and shall refer on the plat to the volume and page on which the statement of vacation or partial vacation is recorded.
(D) The rights of any utility already existing shall not be affected by any vacation or partial vacation of a plat.
(Ord. 18, passed 12-2-1998; Am. Ord. 47, passed 9-24-2001; Am. Ord. 49, passed 12-12-2001; Am. Ord. 85, passed 9-7-2005; Am. Ord. 89, passed 12-28-2005)