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The following groups and individuals shall have standing to file a vacation application.
(A) The owner of the property that is the subject of a vacation request may file a vacation application.
(B) Property owners adjoining unimproved public street rights-of-way within their subdivision may file for vacation of the right-of-way. For rights-of-way internal to a subdivision, the adjoining property owners on both sides of the right-of-way to be vacated are required to jointly file for the right-of-way vacation. For rights-of-way that form the edge of a subdivision, the adjoining property owners within the subdivision may file for the right-of-way vacation.
(C) A property owners association may file to vacate any unimproved street right-of-way within their subdivision.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999
Vacation requests must comply with the following review and approval criteria, as applicable.
(A) The vacation is generally consistent with the County Land Resource Management Plan.
(B) The right-of-way is not expected to be used in the future or the county receives conveyance or dedication of substituted easements or rights-of-way appropriate to satisfy the continuing need.
(C) The vacation does not create an irregular right-of-way configuration that could create difficulty in the provision of services or installation of public improvements.
(D) The vacation serves the best interests of the county by removing maintenance or liability risks.
(E) The public benefits of the vacation request outweigh any adverse impacts of the vacation.
(F) The applicant will relocate, if necessary, any public facilities or utilities located within the right-of-way or easement and grant and/or obtain an easement for relocation of public facilities or utilities.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
If the County Board approves of a vacation, the Chief Subdivision Engineer must sign the deed of vacation (quit claim deed). The applicant must present the Plat Committee’s approval of the vacation and the deed of vacation for recording with the County Recorder of Deeds.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) The vacation of any subdivision plat or right-of-way does not constitute a vacation of the rights of any other individual or agency in, or related to, the subdivision plat or right-of-way.
(B) The approval of a vacation does not, for example, vacate the rights of a public utility with facilities in the subject right-of-way.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
WAIVERS AND MODIFICATIONS
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