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2023 Docket Enabling Ordinance December 19, 2023 <br />Page 169 <br /> <br /> <br />for port purposes, boat moorage or launching sites, or for park viewpoint, recreational, <br />educational or other public purposes, or unless the property is zoned for industrial uses. <br />(Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly 12.60.090). <br />12.10.01.100 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 <br />ordinance authorizing the vacation, a provision that the county retain an easement in respect <br />to the vacated land for the construction, repair, maintenance of public utilities and services <br />which at the time the ordinance is adopted are authorized or are physically located in a <br />portion of the land being vacated; provided, that the board shall not convey such easement <br />to any public utility or other entity or person but may convey a permit or franchise to a <br />public utility to effectuate the intent of this section. The term "public utility" as used in this <br />section shall include utilities owned, operated, or maintained by every gas company, <br />electrical company, communications company, telephone company, telegraph company, <br />water company and sewer company whether or not such company is privately owned or <br />owned by a governmental entity. (Ord. 94-32 (part), 1994; Ord. 93-17 (part), 1993. Formerly <br />12.60.100). <br />12.10.01.110 Sale to adjacent land owners. <br />The benefiting property owners will each be offered one half of the vacated road and/or road <br />right-of-way adjacent to their property. If one of the benefiting property owners does not <br />wish to purchase the one-half portion of the road or road right-of-way adjacent to his/her <br />property then the other benefiting property owner(s) shall be entitled to purchase that <br />portion of the road and/or road right-of-way. If the property is not purchased by adjacent <br />property owner(s), then said vacation shall be automatically voided. (Ord. 94-32 (part), 1994; <br />Ord. 93-17 (part), 1993. Formerly 12.60.110). <br /> <br /> <br />12.11 Right-of-Way Acquisition and Maintenance <br /> <br />Article I. General Information <br />12.11.01.010 Acquisition generally. <br />12.11.01.020 Preliminary activities. <br />12.11.01.030 Appraisal methods and procedures - Review. <br />12.11.01.040 Just compensation for property - Establishment procedure. <br />12.11.01.050 Purchase - Additional requirements - Unsuccessful negotiation. <br />12.11.01.060 Donation - Additional requirements. <br />12.11.01.070 Eminent domain proceedings - Board of county commissioners authority. <br />12.11.01.080 Disposition of salvageable items - County engineer responsibility. <br />12.11.01.090 Relocation assistance.