DATE: November 20, 2015
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
David Parker, City Engineer/CIP Executive
Paul Holzen, Director of Engineering
SUBJECT:
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Consideration of DRAFT Resolution 2015-96; “A Resolution Declaring a Portion of Right-of-Way on Huffines Ridge Drive as Surplus Property. (12-08-15 WS)
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Purpose
The purpose of this memorandum is to provide the information to the Franklin Board of Mayor and Aldermen (BOMA) for consideration of declaring a portion of right-of-way on Huffines Ridge Drive as surplus property.
Background
City staff has received a request from the property owners fronting Huffines Ridge Drive to sell or dispose the right-of-way as shown in Exhibit A.
The right-of-way proposed for abandonment is approximately 31,368 SF (0.72 Acres) with several public utilities located within the right-of-way. Municipal Code Chapter 8, Sec. 5-802, allows for the Board to sell or dispose of right-of-way by negotiated contract or by other means that will adequately protect the public interest when the value does not exceed $25,000. City staff has estimated the value to be under $25,000 due to the fact that no building could ever be built within the area to be abandoned.
This request meets the criteria of unused City right-of-way as outlined in the June 8, 2010, Unused City Right-of-Way Policy. This policy recommends vacating the surplus right-of-way equally (50/50) to property owners adjacent to both sides of the City right-of-way. Vacating and declaring this potion of right-of-way surplus requires BOMA approval.
Financial Impact
None
Recommendation
Based on the City’s Unused City Right-of-Way Policy, staff recommends approval of Resolution 2015-96 with the following conditions:
1) Require a Public Utility, Drainage and Access Easement on the property being vacated as determined by the City Engineer.
2) Require the property owners to complete a survey of the surplus right-of-way and pay all closing cost associated with the transfer of the property. Said survey shall include the location of all utilities and drainage facilities within or along the subject right-of-way.
3) The right-of-way to be abandoned on Huffines Ridge Road shall have a Temporary Access Easement and remain open to the public until Huffines Ridge Drive is connected to Carothers Parkway and opened to the public as conceptually shown in Exhibit A unless otherwise determined by the City Engineer. The property owners who acquire the abandoned right-of-way shall assume all maintenance and liability of Huffines Ridge Road immediately following the transfer of the abandoned right-of-way.