§ 42-36. Vacation of plats, replats and resubdivisions.

Any such plan, plat or replat may be vacated by the proprietors of the land covered thereby at any time before the installation of any utilities or the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the municipal planning commission and city council shall have been obtained as above provided, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat or replat so vacated. In cases where utilities have been installed and/or lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots and/or utilities in said plat and with the approval, as above provided, of the municipal planning commission and city council. The county clerk in whose office the plan or plat thus vacated has been recorded shall write in plain, legible letters across the plan or plat so vacated the word "vacated," and also make a reference on the same to the volume and page in which said instrument of vacation is recorded.

(Ord. No. 05-1162, § 15(A), 3-28-2005; Ord. No. 12-1193, § 2, 9-10-2012)