Title
PUBLIC HEARING - REQUEST TO VACATE THE NORTHERLY 290-FEET OF ALLEY RIGHT OF WAY LOCATED BETWEEN 7TH AND 8TH AVENUES SOUTH OF HUDSON STREET (IN BLOCK #12, PLAT OF LONGVIEW #7)
COUNCIL STRATEGIC INITIATIVE ADDRESSED:
Preserve and enhance neighborhoods
CITY ATTORNEY REVIEW: N/A
SUMMARY STATEMENT:
Vince Penta, who represents 100% of the abutting property, has submitted a request to vacate the northerly 290 feet of alley right-of-way in Block #12, Plat of Longview #7, located between 7th & 8th Avenues, south of Hudson Street
In accordance with state law, Resolution No. 1732 provides for charges to the abutting property owners of up to 100% of the appraised value of the vacated area if the right-of-way has been dedicated for 25 years or more. The alley right of way was dedicated over 25 years ago, thereby allowing the City to charge 100% of the appraised value of the vacated area.
In lieu of a formal appraisal, staff has historically used the assessed land value of the abutting properties to develop right of way vacation fee recommendations. Based on 100% of the assessed value of abutting land, the vacation fee for this right of way would be $35,920.83. Staff recommends that if the vacation request is approved, the vacation fee be set at 100% of the assessed value.
Since the petitioner does not represent the entire alley block, and granting of this request would result in a dead end alley, causing disruption to the public and remaining residents in this block, staff requests that in addition to retention of a public utility easement, a public access easement be retained by the City. Vehicular access to the alley will be necessary unless the remaining section of the alley is vacated in the future. If the alley is vacated, the City loses a significant amount of control over what happens in the alley because access rights would be by easement rather than public right of way. Additionally, special conditions would need to be placed on use and mainte...
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