A. Purpose. The purpose of a Plat Vacation is to provide an expeditious means of vacating a recorded Plat in its entirety, consistent with provisions of State law.
B. Initiation of a Plat Vacation.
1. By Property Owner. The property owner of the tract covered by a Plat may submit an Application to vacate the Plat at any time before any lot in the Plat is sold.
2. By All Lot Owners. If lots in the Plat have been sold, an Application to vacate the plat must be submitted by all the owners of lots in the Plat.
3. City Council. If the City Council, on its own motion, determines that the Plat should be vacated in the interest of and to protect the public’s health, safety and welfare; and:
a. No lots within the approved Plat have been sold within five (5) years following the date that the Final Plat was approved by the City; or
b. The property owner has breached an Improvement Agreement, and the City is unable to obtain funds with which to complete construction of Public Improvements, except that the vacation shall apply only to lots owned by the property owner or its successor; or
c. The Plat has been of record for more than five (5) years, and the City Council determines that the further sale of lots within the Subdivision or addition presents a threat to public health, safety and welfare, except that the vacation shall apply only to lots owned by the property owner or its successors.
C. Notice Requirements for Plat Vacation. Published notice of the public hearing shall be given in accordance with
3.02.03: Public Hearings for Replat and Plat Vacation Applications.
D. Review and Recommendation by the Director of Planning. The Director of Planning shall:
1. Initiate review of the Plat Vacation Application and materials submitted.
2. Recommend action on Plat Vacation to the City Council.
E. Action by the City Council. The City Council shall:
1. Review the Plat Vacation Application, the findings of the Director of Planning, and any other information available. From all such information, the City Council shall make a finding as to whether or not the plat should be vacated.
2. Take one of the following actions:
a. Approve the Plat Vacation;
b. Approve the Plat Vacation with conditions, which shall mean that the Plat Vacation shall be considered to have been approved once such conditions are fulfilled and until the conditions are satisfied, it is considered denied; or
c. Deny the Plat Vacation.
3. The City Council’s decision on a Plat Vacation shall be final.
F. Procedures for Recordation Following Approval.
1. If the City Council adopts a resolution vacating a plat in whole, it shall record a copy of the resolution in the County Clerk’s Office.
2. If the City Council adopts a resolution vacating a plat in part, it shall cause a revised Final Plat to be recorded along with the resolution which shows that portion of the original plat that has been vacated and that portion that has not been vacated.
G. Effect.
1. On the execution and recording of the vacating instrument, the previously filed plat shall have no effect.
a. Regardless of the City Council’s action on the petition, the property owner(s) or Developer will have no right to a refund of any monies, fees or charges paid to the City nor to the return of any property or consideration dedicated or delivered to the City except as may have previously been agreed to by the City Council.
2. The Plat is vacated when a signed, acknowledged instrument declaring the Plat vacated is approved and recorded in the manner prescribed for the original Plat.
3. The City Council, at its discretion, shall have the right to retain all or specific portions of road Right-of-Way or easements shown on the Plat being considered for vacation. However, the City Council shall consider Plat Vacation upon satisfactory conveyance of easements or Right-of-Way in a separate legal document using forms provided by the City Attorney’s office.
