1.20.510   Streets or alleys.

Streets or alleys, whether owned in fee or used by easement, may be sold to the abutting owner or owners, in proportion to the underlying fee ownership as it exists, if by easement of the city. When ownership by the city is of the underlying fee, the apportionment to abutting owners shall be determined by city council, based upon the percentage of frontage of the abutting owner or owners which determination will be final, upon the payment of:

(a)

A fee established by city council for processing, researching and reviewing the application for abandonment; and

(b)

The fair market value of the street or alley; or

(c)

The present value of acquisition costs to the city based upon a "per square foot" proration of the city's costs plus the present value of the cost of any city improvements subsequently made that pertain to the property covered by the street or alley;

Whichever is greatest, and after abandonment of the street or alley, the city will deliver a certified copy of the ordinance effecting abandonment to the owners of the fee simple title thereto, or to the abutting owners. The market value of any street or alley shall be fixed by city council, which determination as to such value will be final.

(Ord. No. O-04-12, § 1, 5-17-2012)

1.20.520   Easements.

Easements, other than streets or alleys, may be sold to the abutting owner or owners, in proportion to the underlying fee ownership as it exists, upon the payment of:

(a)

A fee established by city council for processing, researching and reviewing the application for abandonment; and

(b)

The fair market value of the easement; or

(c)

The present value of acquisition costs to the city based upon a "per square foot" proration of the city's costs plus the present value of the cost of any city improvements made that pertain to the property covered by the easement;

Whichever is greatest, and after abandonment of the easement, the city will deliver a certified copy of the ordinance effecting abandonment to the owners of the fee simple title thereto. The market value of any easement shall be fixed by city council, which determination as to such market value will be final.

(Ord. No. O-04-12, § 2, 5-17-2012)

1.20.530   Unused easements, etc.

Unused easements, easements over narrow strips of land, or fee-owned narrow strips of land, or land so shaped as to be incapable of being used independently, may be sold to the abutting owner or owners, in proportion to the abutting ownership.

(a)

Apportionment will generally be based on:

(1)

The projection of existing abutting property lines over such narrow strip; or

(2)

Percentage of street frontage of abutting owner or owners, if any; or

(3)

One hundred percent to the abutting property owner that has primary access to the property;

Said apportionment to be determined by city council, which determination will be final.

(b)

Payment for such tract of land shall be made in the amount of:

(1)

A fee established by city council for processing, researching and reviewing the application for abandonment; and

(2)

The appraised market value of the tract of land; or

(3)

The present value of acquisition costs to the city based upon a "per square foot" proration of the city's cost plus the present value of the cost of any city improvements subsequently made that pertain to the tract of land; or

(4)

A fee established by city council for nominally valued strips.

Whichever is greatest. The market value of such tract of land shall be fixed by city council, which determination as to such market value will be final.

(Ord. No. O-04-12, § 3, 5-17-2012)

1.20.540   Conditions; application.

The following conditions apply to all sales:

(a)

Nothing in this article shall be construed to require the city council to accept any bid or offer, or be required to consummate any sale of any land or property interest or to give any person a vested right to compel the city either to abandon, vacate or dispose of any land or any easement or right therein, or to compel or require that the same be upon any particular or exact terms or consideration.

(b)

The application shall consist of the following items:

(1)

A letter from the owner(s) requesting abandonment and stating the following:

(A)

Details of the proposed use or reason for abandonment;

(B)

Whether the property is vacant or improved and what type of building, if any, are on the premises;

(C)

Number of jobs, if any, to be created by the project;

(D)

The project start date, project end date, project expenses; and

(E)

Pending actions with other state or local agencies concerning the project.

(2)

A non-refundable fee established by city council for processing, researching and reviewing the application for abandonment payable to the City of Travelers Rest;

(3)

Copies of recorded deeds showing current ownership of all property abutting the area proposed to be abandoned;

(4)

A plat or diagram showing the proposed abandonment area;

(5)

A traffic count (streets open to traffic only);

(6)

The applicant will be responsible for the preparation and filing of all deeds;

(7)

All taxes must be current; and

(8)

City council may require applicant to pay for an independent appraisal to determine fair market value.

(Ord. No. O-04-12, § 4, 5-17-2012)

1.20.550   Exceptions.

This article does not apply to abandonment, transfer or relocation activities between the city and any local, state or federal agency. City council, in its discretion may waive the requirements of this article in the best interests of the health, safety and welfare of the community.

(Ord. No. O-04-12, § 5, 5-17-2012)

1.20.560   Application fee.

The application fee is hereby initially set by city council as five hundred dollars, which may from time to time be amended by city council by motion, resolution, ordinance or annual budget ordinance. The fee for nominally valued strips is hereby initially set by city council as five hundred dollars, which may from time to time be amended by city council by motion, resolution, ordinance or annual budget ordinance.

(Ord. No. O-04-12, § 6, 5-17-2012)