Who May Apply for Abandonments?
A
property owner whose property abuts a public right-of-way may apply to
the city for the abandonment, in whole or in part, of the abutting
right-of-way. Fees will be charged in accordance with the City Code. The
request consists of the following items:
- a letter from the owner(s) requesting
abandonment and stating the following: details of proposed use; whether
property is vacant or improved, if improved, what type of building;
number of jobs, if any, to be created by project; project start date,
project end date; and pending actions with other city departments, such
as other divisions of development services and public works &
transportation;
- a non-refundable application fee of $4,250 and a recording fee of $75 payable to the City of Dallas;
- a check for the appraisal fee in the
amount of $2,500 is required for certain street, alley and storm water
management area abandonments;
- written concurrence of all persons who
own property abutting the area proposed to be abandoned - Quitclaim
Deeds will be required from all non-participating abutting owners;
- copies of recorded deeds showing current ownership of all property abutting the area proposed to be abandoned;
- a plat showing the proposed abandonment area;
- a traffic count (streets open to traffic only); and
- a metes and bounds description of the
area proposed to be abandoned. ALL METES AND BOUNDS DESCRIPTIONS MUST BE
SIGNED BY A REGISTERED SURVEYOR AND STRICTLY ADHERE TO WRITTEN SURVEY
GUIDELINES.
Upon receipt of the request
for an abandonment, a real estate specialist will be assigned to the
project. Any questions concerning the project should be directed to the
assigned specialist. Please direct all inquiries to the Sustainable
Development and Construction Department, Real Estate at 320 East Jefferson Boulevard, Suite 203, Dallas, TX 75203 (214) 948-4100.
Abandonment
requests must not make another property non-conforming as to fire code
requirements and all existing structures and future development must
comply with applicable Building and Fire Codes.
Typical Steps Required to Process an Abandonment Request (if complete)
- Applicant's request is reviewed, file
established, and response forms sent to City departments, public utility
companies and telecommunication franchisees affected by the proposed
request. (2 days).
- All response forms sent to City
departments, telecommunication and public utility companies are received
by the Sustainable Development and Construction Department, Real Estate
(15 days).
- Notice of proposed abandonment sent to
the mayor and members of the city council and owners within 300' of
proposed abandonment area (concurrently 10 days).
- Summary of responses prepared (2 days).
- Metes and bounds description approved by the City Surveyor (15 days).
- The right-of-way to be abandoned is
appraised by independent fee appraiser, as required. The applicant is
required to pay a standard fee for the independent appraisal in the
amount of $4,250 - any excess will be applied to the abandonment fee (2
weeks).
- Draft ordinance is prepared by the
Sustainable Development and Construction Department, Real Estate and
sent to City Attorney's office (10 days).
- Ordinance is reviewed and approved by City Attorney's office (2 weeks).
- Proposed ordinance, "No Conflict of
Interest" statement, any required dedication instrument and acceptance
letter are sent to applicant for review and approval. Applicant must
return signed acceptance letter, and the other documents along with the
fee requested prior to scheduling for Council action (1-3 weeks). Checks
due at this time must be either a cashiers or certified check.
The
fee amount in the acceptance letter will be the greater of the minimum
processing fee of $5,400 or the appraised value calculated in accordance
with the City Code plus a $20 ordinance publication fee.
- Proposed ordinance delivered to agenda
coordinator for Council action (Cutoff for an agenda is 23 days prior
to next available council date).
ALL TAXES OWED and ALL OUTSTANDING
CODE VIOLATIONS must be paid or resolved by Applicant prior to
scheduling an item for Council action.
This
procedural outline details only the steps required for the completion
of a routine request. At each step problems can be encountered that
delay or terminate the process.
For additional information, please contact: (214) 948-4100, Fax (214) 948-4083 or (214) 948-4118.