06-24-2019 Council Work Session Packet

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Resolu.t,.ion No. 97-30 2/25/97 POLICY FOR THE DISPOSITION OR PRIVATE USE OF PUBLIC LAND PQJicy Statement Property owners adjacent to City owned land or public easements will from time to. time request consideration, from the City to allow the owner to acquire a portion of the City land, vacate a City right of way or easement, or authorize temporary use of City land. The City acknowledges that it only desires to own land or easements that serve a present or future public purpose, meet the goals of the Comprehensive Plan, or provide open space for flora and fauna, and provide environmental protection. In response, the City will allow the release or use of public land and easements in accordance with ;his policy and its established criteria. Permanent Disposition By Vacation (Applies to easements and dedications, not ownership by deed or title.) Intent There are occasions when property owners desire the use of City owned right of way or easements for permanent structures or other permanent uses. Examplesof this include the desire to expand existing s:ruc, Cres or add garages or decks which would encroach onto an easement, City right of way, or into a required setback; or for commercial uses, the need to meet the requirement for additional parking . The City will not allow private permanent uses of any public land. The City will instead consider the permanent disposition of such land by vacation or sale if it meets with the requirements set forth below. A. Eligibility of an applicant to request vacation of public Iand. 1. Applicant shall be the owner of land adjacent to and abutting the land requested to be vacated. 2. The applicant's.property shall not be delinquent on any property taxes. B. Eligibility of the land to be vacated. 1. The City Council must find that the easement in question has no existing or future public need or use. • 2. The easement must not have been acquired by the City through tax forfeiture or dedication.