A street vacation is a type of easement in which a government transfers the right-of-way of a public street, highway or alley to a private property owner(s). Certain situations may warrant the issuance of an R-Permit to close a right-of-way prior to a street vacation.
The R-Permit, along with a construction permit (A, B or E), allows the developer to temporarily fence, grade, and construct over the right-of-way while the street vacation is in process. Once the street vacation has been approved by the City Council, improvements completed, and recorded with the County the bond shall be released (See Bond Release for more information) and the R-Permit closed. If the vacation is canceled or expired, the R-Permit would no longer be considered valid.
The following items are required in order to obtain a Revocable Permit for a street vacation:
- Confirm the appropriate fees have been collected (Tier 1, Tier 2, or Tier 3 depending on how controversial the project is and if a Board Report will be required).
- An Adopted Council Motion authorizing the Street Vacation
- Sketch or plan of the proposed encroachment
- Any proposed improvements to the existing sidewalk, alley, or driveway shall be ADA compliant
- Photos documenting the existing site and proposed encroachment
- Proof of satisfactory insurance coverage
- Signed and notarized Waiver and Release of Claims form
- Approval letter from DOT for the closure
- Approval letter from BSL for the closure
- Approval letter from Urban Forestry, if applicable, for the closure
- Approval letter from the applicable Council District acknowledging support
- Documentation of arrangements with all public utility agencies for the protection or relocation of any existing facilities within the areas to be occupied.
- A construction estimate to restore the area (amount determines the bond amount) within the public right-of-way if the vacation proceedings are denied, canceled or stopped for any reason.
- Cash or Surety Bond as determined by the District office (covers the costs required to restore the public right-of-way to pre-existing conditions in the event the proposed vacation is not approved or completed). This is submitted to the Bond Control Group in Valley District office.
- Completed “Application for Bond Preparation” with the General Improvements “Type of Bond” selected
- Four (4) original, executed copies of the Bond documents shall be submitted and distributed as follows:
- 1 - File
- 2 - Applicant
- 3 & 4 - Bond Control Group in Valley District offic