Fillable STREET RIGHT-OF-WAY/EASEMENT CLOSING APPLICATION (City of Clermont)

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STREET RIGHT-OF-WAY/EASEMENT CLOSING APPLICATION (City of Clermont)

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CITY OF CLERMONT
STREET RIGHT-OF-WAY/EASEMENT CLOSING
APPLICATION
DATE FEE: $1,000.00 + cost of advertisement
Petitioner’s Name
Address City State Zip
Telephone Fax
Email
Legal Description & Alternate Key(Attach survey if available):
If named – name of street to be closed:
Plot plan & legal description of Street ROW/Easement portion to be closed (Applicant shall attach this in a word document for
legal advertising)
Purpose or reason for closing:
Attach a map and list of: Names and addresses of all property owners abutting the portion of the street requested to be closes
and abandoned. ______ Yes ______ No
This petition is in accordance with the Clermont Land Development Code, Chapter 54, Division 2. Closing. Any person requesting a
Street right-of-way or Easement Closing shall file a complete application submitted to the Development Services Director in the
Development Services Department, at least 30 days prior to the final hearing date of the City Council. A Street right-of-way or
Easement Closing requires two readings of an ordinance by the City Council. The City Council meetings are held on the second and
fourth Tuesdays of every month.
All applications must be complete, including applicable site plans and or pertinent descriptive materials in order to be processed.
A plot plan (schematic drawing of the property involved) showing the location of that portion of the street requested to be closed
and permanently abandoned, and including a survey of the property and street involved if deemed necessary by the City Council
or the City Attorney.
___________________________________ ____________________________________
Petitioner Name (print) Petitioner Name (signature)
ROW INFORMATION
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signature
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DIVISION 2. CLOSING
Sec. 54-46. Purpose of division.
The purpose of this division is to establish an orderly procedure for closing and permanently
abandoning municipal streets within the City. (Code 1962, § 19-1; Ord. No. 96-C, § 1, 8-28-73)
Sec. 54-47. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Street means any public street, avenue, road, alley, highway, lane, path or other public way located in
the city as shown on any of the various maps and plats of the city, recorded in the county public records.
(Code 1962, § 19-1; Ord. No. 96-C, § 1, 8-28-73)
Cross references: Definitions generally, § 1-2.
Sec. 54-48. Procedure.
(a) Filing of petition; information required. Whenever anyone who is the owner of or has any legal
interest in property abutting a street within the city shall desire that the street be closed and
permanently abandoned, he shall file a petition at the office of the city clerk setting forth the
following information:
(1) The petitioner’s full name and mailing address.
(2) The legal description of the property involved.
(3) A plot plan (schematic drawing of the property involved) showing the location of that
portion of the street requested to be closed and permanently abandoned, and including a
survey of the property and street involved if deemed necessary by the city council or the
city attorney.
(4) The purpose of which the street is requested to be closed.
(5) The names and mailing addresses of all property owners abutting the portion of the street
requested to be closed and abandoned.
(b) Filing fee; notice; hearing; notification of property owners. When a petition containing the
information described in subsection (a) of this section is filed with the city clerk, along with the
filing fee established by resolution of the council and on file in the city clerk’s office, the clerk shall
forthwith cause notice of the petition to be published as a legal notice in a newspaper, no less than
ten days prior to the date set for a hearing on the position, and shall enter the matter on the
agenda of the next regular meeting of the city council if the meeting is ten or more days
forthcoming. Otherwise, the matter shall be advertised and set for hearing at the following regular
meeting wherein ten days’ notice could be given; furthermore, all property owners abutting that
portion of the affected street shall be individually notified by an official letter from the city, stating
the conditions of the request.
(c) Council Action. At the regularly scheduled city council meeting wherein the requested street closing
appears on the agenda, the city council will act upon the requested street. Upon motion and
second of the city council, an ordinance may be introduced and passed, as provided by law, closing
and permanently abandoning all or any portion of the street requested to be closed by the petition.
Such ordinance shall be introduced and passed according to law.
(Code 1962, § 19-2; Ord. No. 96-C, § 2, 8-28-73)
Charter references: Construction of streets, sidewalks and other local improvements, § 5.
Sec. 54-49. Retention of utility easement.
Whenever it shall appear to the city council that the city does not have a utility easement along the
street requested to be closed, the city shall retain a utility easement on any street closed and permanently
abandoned pursuant to the provisions of this division.
(Code 1962, § 19-3; Ord. No. 96-C, § 3, 8-28-73)
Sec. 54-50. Recording of ordinances closing and abandoning streets.
Any municipal ordinance duly passed as provided by law, which closes and permanently abandons any
street within the city, shall be recorded by the city clerk in the public records of the county.
(Code 1962, § 19-4; Ord. No. 96-C, § 4, 8-28-73)
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STREET RIGHT-OF-WAYEASEMENT CLOSING APPLICATION (City of Clermont)

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Completed 22 January 2021

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