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 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.
Documents
Please read through the entire
abandonment overview on this page prior to downloading or using the
following documents. Additionally, it is highly recommended that the
applicant meet with a staff representative before submitting an
application to discuss the feasibility, cost and other factors
related to the abandonment request.
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