ENGINEERING :: ABANDONMENT OF EASEMENTS & RIGHT-OF-WAY OVERVIEW

What is the purpose of an abandonment?

An abandonment relinquishes the City’s interest in all or portion of the previously dedicated easement or right-of-way, thereby giving a property owner more usable area. A property owner may apply to abandon easements on his/her property or right-of-way adjacent to his/her property. Abandonment does not designate ownership of the abandoned property, but rather relieve the City of any responsibility, interest, or liability concerning the area.

What area can I abandon?

The amount of area can be a portion or all of the easement or right-of-way depending on the use and purpose of the easement or right-of-way. Right-of-way abandonment may require easements to be retained. Easements that are strictly designated for a specific franchise utility will need to be abandoned through the respective franchise company.

What if there are public utilities in that area?

If public utilities exist, the applicant should provide for their removal or relocation before staff can approve the abandonment. The applicant will need to contact the respective franchise company for their procedure to remove or relocate the utility.

When and where can a property owner submit an application request?

Completed applications may be submitted at any time to the Department of Public Works located on the second floor of City Hall. However, it is highly recommended that the applicant meet with staff representative before submitting an application to discuss the feasibility, cost and other factors related to the request.

What is the application fee for an abandonment request?

The application form will need to be submitted with a non-refundable processing fee of $125.00. There may be additional cost, such as fair market value or utility relocation costs, which should be discussed with staff representative. Refer to Chapter 7.01 of the City of Arlington Administrative Chapter for requirements of fair market value.

What are the submittal requirements for the abandonment process?

*An application form containing:

• Property information

• Applicant information

• Information regarding purpose of request, current use and proposed use of the area proposed for abandonment.

• Information of abutting or impacted property owner(s) who do not consent to the abandonment (if applicable)

• Exhibit A - Metes and bounds description of the area proposed for abandonment (This document will need to be sealed and signed by a registered professional land surveyor retained by applicant)

• Exhibit B - Survey plat showing the legal description of the area proposed for abandonment (This document will need to be sealed and signed by a registered professional land surveyor retained by applicant)

• Exhibit C - Consent or sign off from public franchise utilities companies (if applicable). It is the responsibility of the applicant to obtain the appropriate signatures. A franchise company contact list accompanies the application form.

• Exhibit D - Consent or sign off from abutting or impacted property owner(s) who consents to the abandonment (if applicable)

*$125 non-refundable application processing fee.

A request for abandonment may require the submittal of a drainage plan prepared by a licensed professional engineer, the submittal of a traffic study prepared by a licensed professional engineer experienced in traffic engineering, or dedication of alternate or replacement easements or right-of-way.

How are abandonment requests processed?

Upon receipt of the completed application, the Department of Public Works coordinates the necessary City departments review and approval. Concerned departments may approve, deny or comment on the request.

• Administrative Approval: Most applications for abandonment can be processed administratively by staff. In order to process an abandonment request administratively, all parties concerned, i.e, abutting or impacted property owner(s), City departments, and franchise utility companies should express unanimous approval. Once unanimous approval is obtained, staff prepares an Abandonment of Easement/Right-of-Way document and forwards it to the property owner for signature and notary. Upon return from the owner, staff obtains signatures from the Director of Public Works and from the City Attorney’s Office. The document is then filed and recorded with the County. A copy of the document is sent to the property owner with the recording information. Processing time is approximately four to six weeks.
   

• City Council Approval: When unanimous approval cannot be reached by all parties involved, or when the abandonment involves an existing public street, or when the case is of controversial nature or interest to the City Council or general public, the request will be forwarded to the City Council for consideration. The abandonment request is considered at two readings of the City Council meeting, normally one week apart. A public hearing may be held on the First Reading. City Council may vote on First Reading to approve or deny the request. If approved, the applicant must comply with any stipulations, which may include payment of fair market value or removing/relocating public utilities before Final Reading. Processing time may take six weeks or more, depending on City Council’s agenda and the applicant’s ability to comply with stipulations.
    

• Plat Vacation/Plat Approval: Easements or right-of-way that has no infrastructure or public improvements in them may be abandoned through the platting process in accordance with the Subdivision Regulations. The application form and processing fee for an abandonment by plat is not required; however, sign off or consent from the City, public franchise utilities companies and abutting/impacted property owner(s) will be required. The plat must clearly depict the area being abandoned. This can be done by shading or cross-hatching the area of abandonment with a note stating that the easement or right-of-way is being abandoned by this plat. The vacation of a plat in effect vacates and abandons all easements or right-of-way dedicated by said plat. Dedication of alternate or replacement easements or right-of-way by separate instrument may be required.

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