Fill - Free fillable Vacate ROW Application (City of Midland Texas) PDF form

Vacate Right-of-Way/Public Utility

Easement/Land/Street Application

Project Number:_______________________

Case Number:________________________

Applicant (if acting as Agent, see affidavit on page 2)

Printed Name:

Phone ( )

Address

City

State

Zip

Application is hereby made to the City Council to vacate the following:

□ Right-of-Way

□ Public Utility Easement

□ Land

□ Street

Description of Address: ___________________________________________________________

Reason for Request:______________________________________________________________

________________________________________________________________________________

Reasons, in applicant’s opinion, why the requested vacation will not adversely affect the

public welfare or will contribute to it in a positive way: _________________________________

________________________________________________________________________________

Submittal and Fees

Items to be submitted with this application form:

 Application Fee – Payable to the ‘City of Midland’

 Sealed metes and bounds description of the property to be vacated (included on the map) and total

square feet of vacation. Include ownership, legal and deed information for adjacent property owners



Digital Copies of Survey (PDF/JPEG)

Utility Company Approval

Clearance is needed from the following utility companies:

 City of Midland

 Atmos Energy



Oncor Electric

 AT&T

 Suddenlink Cable TV Co.

 Grande Communications

The City will route the request to these companies, but it is the applicant’s responsibility to ensure clearance

has been obtained to resolve any issues that may arise.

**Application will not be considered for scheduling until reviewed by a planner.**

Vacation Application 2 Revised 07/02/19

Policies

1. If the vacation request involves only a portion of a section right-of-way, such that approval would not affect

the public’s ability to travel along said right-of-way, then the request will be scheduled for consideration by

the City Council. No public hearing will be needed.

2. If the vacation request involves an entire section of right-of-way, such that approval would cause the public

to lose all rights to use it, then the following procedures apply:

a. Nearby land owners who have a reasonable expectation to use said right-of-way, as determined by

the Transportation Division, must first agree to the proposed vacation. It is the applicant’s

responsibility to obtain a letter of concurrence signed by the affected landowners.

b. If all letters are received indicating that the affected landowners agree to the request, then a public

hearing before the City Council will be scheduled. The Transportation Division will mail public notice

of the hearing to landowners within 400 feet of the affected right-of-way.

c. If a request is approved, the right-of-way shall be divided into two equal parts, with each half

becoming the property of the respective abutting owner. If the applicant desires to own the entire

width, he or she must negotiate with the opposite landowner.

Signatures

Applicant (signature):

Date:

Affected Property Owners:

Signature:

Print:

Date:

Signature:

Print:

Date

Signature:

Print:

Date

Signature:

Print:

Date

The Vacation of right-of-way/public utility easement/land/street shall be considered officially received in the Planning office

only when it has been submitted in full compliance with the provisions of Section 212 of the Texas Local Government

Code and the Zoning Code of Ordinances of the City of Midland and when such required items for the application are also

received.

All materials, including exhibits, submitted in support of an application, or displayed during a public hearing, shall remain

the property of the City of Midland.

FOR OFFICE USE ONLY

□

1 FOLDED Copy of Survey

□

Survey in Digital Format (PDF/JPEG)

□ Application Fee

Check #_____________________

Received By:

Date:

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Vacate ROW Application (City of Midland Texas)

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