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Non-refundable Fee $100.00 plus all legal and filing fees
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Subject: Vacation of Alleys or Public Streets Resolution Number: 2024-52
Approved By: City Council Approved Date: 08/14/2024
Approved By: City Council Approved Date: 08/14/2024
PURPOSE
To provide a standard method for vacating alley(s) or public street(s).
STATEMENT
An alley or public street is established because of plans to use it as a public way and/or to use the right-of-way for water, sewer, electric, natural gas or telephone facilities.
It is the policy of the Garnavillo City Council to vacate an alley or public street thereby restoring it to the tax rolls, whenever the same is not necessary for current municipal operations and it is not foreseeable that a need for the property will become apparent in the foreseeable future.
PROCEDURE
These procedures are intended primarily for situations in which a vacation is requested by one or more abutting property owners. In other circumstances, such as when a vacation is proposed as part of a development project, modification of these procedures may be appropriate.
1. A pre-application meeting is optional. Before the submission of a request for an alley or public street vacation, the applicant may meet with the staff of
the Public Works Department.
A. The applicant is encouraged to do so in order to be informed of City policies regarding alley or public street vacations and to have explained the
application submission requirements and procedures.
2. An application for an alley or public street vacation shall be submitted to the City Clerk and must include the following:
A. Application (obtainable in the Clerk’s Office or on-line at www.garnavilloia.com) for alley or public street vacation identifying the area to be vacated,
the property owner(s) making the request, the reasons for the vacation and any property owners abutting the proposed vacation who are not
participating in the application.
3. The City will accept the assessed value of the adjacent land (excluding any building valuation)on a per square-foot basis as the per-square-foot fair
market value of the alley or public street if the sale were to be by Warranty Deed with abstract and/or survey provided.
A. In most sales of vacated alleys and/or other right-of-way that is not of buildable size, the City will convey by Quit Claim Deed and will not provide an
abstract of title.
Accordingly, the City Council therefore deems that the minimum bid price that the City Council will consider accepting is thirty-five percent (35%) of the
calculated fair market value.
4. It is the normal policy of the City Council to split the sale of vacated alleys or right-of-way between the adjacent property owners. Accordingly, the City
Council will not consider selling all of a vacated valley or right-of-way to one property owner unless the City Council is provided with a notarized written
statement from the other adjoining property owner that they do not wish to purchase half of the property.
A. No partial alley or public street vacations will be considered by the City Council.
5. The City and affected utility companies shall reserve utility easements where the same are currently in place and shall reserve the right to install utilities
if the same are needed in the future.
A. The City shall contact all utility companies who may or may not be directly impacted by the vacation and receive in writing their opinion whether the
vacation is approved or denied.
6. The applicant shall pay all city incurred costs involved in the vacation and/or sale.
A. The applicant shall pay a non-refundable $100.00 application fee which shall be made payable to the City of Garnavillo at the time the application is
submitted.
B. The applicant shall pay all legal and filing fees.
7. A copy of the application and related documents shall be sent to the City Clerk’s Office and be placed on the City Council Agenda to be reviewed at their
next regularly scheduled meeting.
Planning and Zoning Commission – Shall review the request for vacation as it relates to the compatibility with adjacent land uses, potential rezoning of the vacated alley or public street, aesthetic considerations and other related issues.
1. If the Planning and Zoning Commission votes to approve the vacation, it shall forward the matter to the City Council with a motion to direct the City
Attorney to proceed with steps to declare the property to be disposed of by vacation, subject to any conditions it may deem appropriate.
2. If the Planning and Zoning Commission votes to deny the vacation, it shall forward the matter to the City Council for review. City Council may remand the
matter back to the Planning and Zoning Commission with a recommendation to reconsider. If the City Council agrees with the decision of the Planning
and Zoning Commission the applicant will be notified in writing by the City Clerk.
City Attorney – Upon receiving direction from the City Council to proceed with the vacation shall review and determine whether it complies will all applicable laws and regulations. The findings or recommendations of the City Attorney shall, at the appropriate time, be reported to the City Council.
City Council – The City Council shall take such action as it may deem appropriate and may direct the City Attorney to prepare an ordinance vacating the alley or public street on such terms or conditions as it may specify.
City Council – Upon notification from the City Attorney that all required documents and from the City Clerk that all fees have been received the City Council shall take action on the ordinance vacating the alley or public street. Council approval shall require a three-fourths vote.
To provide a standard method for vacating alley(s) or public street(s).
STATEMENT
An alley or public street is established because of plans to use it as a public way and/or to use the right-of-way for water, sewer, electric, natural gas or telephone facilities.
It is the policy of the Garnavillo City Council to vacate an alley or public street thereby restoring it to the tax rolls, whenever the same is not necessary for current municipal operations and it is not foreseeable that a need for the property will become apparent in the foreseeable future.
PROCEDURE
These procedures are intended primarily for situations in which a vacation is requested by one or more abutting property owners. In other circumstances, such as when a vacation is proposed as part of a development project, modification of these procedures may be appropriate.
1. A pre-application meeting is optional. Before the submission of a request for an alley or public street vacation, the applicant may meet with the staff of
the Public Works Department.
A. The applicant is encouraged to do so in order to be informed of City policies regarding alley or public street vacations and to have explained the
application submission requirements and procedures.
2. An application for an alley or public street vacation shall be submitted to the City Clerk and must include the following:
A. Application (obtainable in the Clerk’s Office or on-line at www.garnavilloia.com) for alley or public street vacation identifying the area to be vacated,
the property owner(s) making the request, the reasons for the vacation and any property owners abutting the proposed vacation who are not
participating in the application.
3. The City will accept the assessed value of the adjacent land (excluding any building valuation)on a per square-foot basis as the per-square-foot fair
market value of the alley or public street if the sale were to be by Warranty Deed with abstract and/or survey provided.
A. In most sales of vacated alleys and/or other right-of-way that is not of buildable size, the City will convey by Quit Claim Deed and will not provide an
abstract of title.
Accordingly, the City Council therefore deems that the minimum bid price that the City Council will consider accepting is thirty-five percent (35%) of the
calculated fair market value.
4. It is the normal policy of the City Council to split the sale of vacated alleys or right-of-way between the adjacent property owners. Accordingly, the City
Council will not consider selling all of a vacated valley or right-of-way to one property owner unless the City Council is provided with a notarized written
statement from the other adjoining property owner that they do not wish to purchase half of the property.
A. No partial alley or public street vacations will be considered by the City Council.
5. The City and affected utility companies shall reserve utility easements where the same are currently in place and shall reserve the right to install utilities
if the same are needed in the future.
A. The City shall contact all utility companies who may or may not be directly impacted by the vacation and receive in writing their opinion whether the
vacation is approved or denied.
6. The applicant shall pay all city incurred costs involved in the vacation and/or sale.
A. The applicant shall pay a non-refundable $100.00 application fee which shall be made payable to the City of Garnavillo at the time the application is
submitted.
B. The applicant shall pay all legal and filing fees.
7. A copy of the application and related documents shall be sent to the City Clerk’s Office and be placed on the City Council Agenda to be reviewed at their
next regularly scheduled meeting.
Planning and Zoning Commission – Shall review the request for vacation as it relates to the compatibility with adjacent land uses, potential rezoning of the vacated alley or public street, aesthetic considerations and other related issues.
1. If the Planning and Zoning Commission votes to approve the vacation, it shall forward the matter to the City Council with a motion to direct the City
Attorney to proceed with steps to declare the property to be disposed of by vacation, subject to any conditions it may deem appropriate.
2. If the Planning and Zoning Commission votes to deny the vacation, it shall forward the matter to the City Council for review. City Council may remand the
matter back to the Planning and Zoning Commission with a recommendation to reconsider. If the City Council agrees with the decision of the Planning
and Zoning Commission the applicant will be notified in writing by the City Clerk.
City Attorney – Upon receiving direction from the City Council to proceed with the vacation shall review and determine whether it complies will all applicable laws and regulations. The findings or recommendations of the City Attorney shall, at the appropriate time, be reported to the City Council.
City Council – The City Council shall take such action as it may deem appropriate and may direct the City Attorney to prepare an ordinance vacating the alley or public street on such terms or conditions as it may specify.
City Council – Upon notification from the City Attorney that all required documents and from the City Clerk that all fees have been received the City Council shall take action on the ordinance vacating the alley or public street. Council approval shall require a three-fourths vote.
