DATE: October 21, 2015
TO: Board of Mayor and Aldermen
FROM: Eric Stuckey, City Administrator
David Parker, City Engineer/CIP Executive
Paul Holzen, Director of Engineering
Dustin Scruggs, Engineer I
SUBJECT:
title
Consideration of Resolution 2015-86; A Resolution Declaring Certain Right-of-Way Located Between Evans Street and Lewisburg Avenue as Surplus (10/29/15 CIC 4-0)
body
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 between Evans Street and Lewisburg Avenue as surplus property.
Background
The City staff has received a request from the property owners on Evans St. and Lewisburg Ave. to sell or dispose the right-of-way as shown in Exhibit A.
The right-of-way proposed for abandonment is approximately 4,563 SF (0.105 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 2015-86 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.