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States mail to all property owners of record within a radius of three hundred feet of the exterior <br />boundaries of the subject property and mailed not less than twelve days prior to the hearing. (Ord. <br />94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.050). <br />12.22.060 <br />Hearing. On the day fixed for the hearing, the board shall proceed to consider the report of the <br />director, together with any evidence for any objection against such vacation and abandonment. If the <br />county road is found useful as a part of the county road system it shall not be vacated, but if it is not <br />useful and the public will be benefited by the vacation, the board, by ordinance, may vacate the road <br />or portion thereof. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.060). <br />12.22.070 Expense of proceeding. <br />If the board determines to vacate the road, one of the conditions for vacation shall be that <br />petitioners pay to the county road fund the itemized costs and expenses detailed in Kittitas County <br />Code Chapter 4.16. Upon payment of these costs and the meeting of any other terms and conditions <br />included in the ordinance granting vacation and entered into its minutes, the road or portion thereof <br />shall be considered vacated. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.070). <br />12.22.080 Compensation to county as condition to vacation. <br />The board in its ordinance of vacation may require persons benefiting from the vacation of county <br />roads to pay Kittitas County for the appraised fair market value of the property vacated. Such <br />compensation shall be one of the conditions precedent to the actual vacation of the county road <br />right-of-way. Pursuant to RCW 36.87.110 the board may separately classify county roads for which <br />no public expenditures have been made in the acquisition, improvement or maintenance of the <br />same, according to the nature of the county's property interest in the road, and determine <br />compensation to the county, if any. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly <br />12.60.080). <br />12.22.090 Vacation of roads abutting bodies of water prohibited, exception. <br />No county road or part thereof shall be vacated which abuts on a body of fresh water unless the <br />purpose of the vacation is to enable any public authority to acquire the vacated property for port <br />purposes, boat moorage or launching sites, or for park viewpoint, recreational, educational or other <br />public purposes, or unless the property is zoned for industrial uses. (Ord. 94-32 (part), 1994; Ord. 93- <br />17 (part), 1993. Formerly 12.60.090). <br />12.22.100 Retention of easement for public utilities and services. <br />Whenever a county road or any portion thereof is vacated, the board may include in the ordinance <br />authorizing the vacation, a provision that the county retain an easement in respect to the vacated <br />land for the construction, repair, maintenance of public utilities and services which at the time the <br />ordinance is adopted are authorized or are physically located in a portion of the land being vacated; <br />provided, that the board shall not convey such easement to any public utility or other entity or <br />person but may convey a permit or franchise to a public utility to effectuate the intent of this section. <br />The term "public utility" as used in this section shall include utilities owned, operated, or maintained <br />by every gas company, electrical company, communications company, telephone company, <br />telegraph company, water company and sewer company whether or not such company is privately <br />owned or owned by a governmental entity. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly <br />12.60,100). <br />12.22.110 Sale to adjacent land owners. <br />The benefiting property owners will each be offered one halt of the vacated road and/or road right- <br />of-way adjacent to their property. If one of the benefiting property owners does not wish to <br />purchase the one-half portion of the road or road right-of-way adjacent to his/her property then the <br />