File #: 15-0981    Version: 1 Name:
Type: Resolution Status: Passed
File created: 10/16/2015 In control: Board of Mayor & Aldermen
On agenda: 11/10/2015 Final action: 11/10/2015
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)
Attachments: 1. 15-0981 Res 2015-86 Excess ROW Evans St.Law approved.pdf, 2. Res 2015-86 Excess ROW Evans St Location Map
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 Ci...

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