Abandon Easement T H E · C I T Y 0 F
COPP EL£
ABANDONMENT OF STREET~ ALLEY~ RIGHT-OF-WAY EASEMENT
GENERAL: Under certain conditions it may be appropriate for abutting property owners to
request abandonment of a street, alley, right-of-way or an easement dedicated to the City by plat
or separate instrument.
QUALIFICATIONS: Streets, alleys, rights-of-way and easements that the City or public and
private utility companies do not need may be abandoned, sold or exchanged for other property
with the abutting property owners.
REQUIREMENTS:
(1) Abutting property owner (Applicant) makes written request on an application form
provided by the City submitted to the Engineering Department. The application
must include a legal description (metes and bounds description) for the requested
street, alley, right-of-way or easement and any recorded deed restrictions
applicable to the property.
(2)
With the submission of the application form, Applicant shall provide the written
consent of any public, private or quasi public utility company using or authorized
to use the street, alley, right-of-way or easement for which Applicant has
requested abandonment and attach the same to the application form.
(3)
Applicant will, without cost to the City, cause an appraisal to be prepared for the
property upon written notification from Engineering Department that the
application will be processed for consideration of abandonment.
(4)
Applicant must pay to the City the fair market value as determined by the appraisal
obtained by the Applicant for the benefit of the City. Payment by cashiers check or
other prior approved payment method should be made to the City prior to City
Council adoption of an abandonment ordinance, plat approval or City Manager
execution of a quit claim deed, as the case may be.
NOTE: Incomplete applications will not be processed for consideration
Revised August 2003
COMPENSATION:
(1) Applicant must pay to the City the fair market value of the property as determined by an
appraisal obtained by Applicant for the benefit of the City and without cost to the City.
(2)
Applicant must pay the required amount by cashiers check or by other prior approved
payment method prior to the City Council adoption of an abandonment ordinance, plat
approval or City Manager execution ora quitclaim deed.
APPROVAL PROCESS: The Engineering Department will initially review the request for abandonment
and contact the Applicant if the application is incomplete or if additional information is required. The
Engineering Department will not process incomplete applications for consideration. The Engineering
Department will notify the Applicant in writing if the request is to be submitted to the City Council or City
Manager for approval. Upon such notification, the Applicant must obtain for the benefit of the City and
without cost to the City an appraisal of the property prepared by an apprmser approved by the City or from
a list of approved appraisers provided by the City.
If compensation is required, the Applicant must pay to the City the required amount, as determined by the
approved appraisal by cashier's check or by other prior approved payment method prior to City Council
adoption of an abandonment ordinance, approval of plat or City Manager execution of a quitclaim deed, as
the case may be.
Streets or alleys owned by the City in fee or used by easement may be conveyed to abutting property
owners in the same subdivision if the land has been subdivided, or to abutting property owners in
proportion to their abutting ownership, provided the division between the owners is made in an equitable
A dedicated street or alley which has been constructed and accepted by the City and/or used by the public
may only be conveyed to the abutting property owners by abandonment ordinance adopted by the City
Council which will operate as a quitclaim deed upon acceptance by the applicant and payment of required
compensation.
A street or alley dedicated by plat but which has not been constructed, accepted by the City and used by the
public may be conveyed to the abutting property owners in some cases by the approval of a replat, or
amending plat and in other cases by an abandonment ordinance adopted by the City Council as described
above
A street or alley dedicated by separate instrument filed in the deed records which has been constructed and
accepted by the City and/or used by the public may only be conveyed by abandonment ordinance adopted
by the City Council as described above.
A street or alley dedicated by separate instrument filed in the deed records which has not been constructed,
or accepted by the City or used by the public may be conveyed to the abutting property owners by
quitclaim deed upon payment of the required compensation
The conveyance of street, alley or right-of-way whether by abandonment ordinance, plat approval or
quitclaim deed shall be subject to the approval of the City and any public or private utilities located in the
street, alley or right-of-way.
Rev£sed August 2003