Division 13-04-002
Public Right-of-Way

Sections:

13-04-002-0001    City Action

13-04-002-0002    Uses

13-04-002-0003    Right-of-Way Conveyance by Other Than a Final Plat

13-04-002-0004    Legal Descriptions

13-04-002-0001 City Action

A review of the completed instruments and all exhibits shall be made by the City Engineer prior to being submitted, as necessary, to the Planning and Zoning Commission and City Council and prior to signing and recording. The City Clerk will be responsible for the recording of all instruments. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-002-0002 Uses

Public right-of-way shall be granted by a general warranty deed or plat.

A.    When a public right-of-way is abandoned, public passage is terminated but easements within the right-of-way will be retained to cover the purposes constructed therein (e.g., water and power).

B.    A permit from the City Engineer is necessary to construct or erect facilities, buildings, or structures of any type, permanent or temporary, on the public right-of-way.

1.    Such construction shall be removed at the owner’s expense should it interfere with any legitimate use of the right-of-way. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-002-0003 Right-of-Way Conveyance by Other Than a Final Plat

Items required for a valid conveyance are:

A.    A legal description and exhibit drawing in accordance with Section 13-03-002-0005 prepared and sealed by a registered land surveyor and accepted by the City Engineer.

B.    An executed warranty deed that has been reviewed and accepted by the City Engineering Section and the City Attorney.

C.    Provide a title report prepared by an independent title insurance company for each property from which right-of-way is being dedicated.

D.    If a business entity is the owner, provide the names of the officers or agents, who are authorized to execute the instrument(s) on behalf of the entity.

E.    All right-of-way conveyances shall be approved by the City Engineer and then signed by the property owner (and recorded) prior to construction plan approval. (Ord. 2017-22, Rep&ReEn, 07/05/2017)

13-04-002-0004 Legal Descriptions

A.    When additional right-of-way is required because of a new development, then the legal description of the right-of-way shall be provided by the developer.

1.    When only a corner cut-off is required, then the City may provide the legal description, but the corners of the newly created right-of-way shall be monumented per Section 13-03-002-0007(A) prior to final project closeout.

B.    Legal descriptions and exhibit drawings per Section 13-03-002-0005 must be prepared and sealed by a registered land surveyor and accepted by the City Engineer. (Ord. 2017-22, Rep&ReEn, 07/05/2017)