Public Right-of-Way Closings (Information and submittal forms)

A request form is now online to request the closing of a public right-of-way.  You can download the form here in PDF format.  (requires free Adobe Acrobat Reader)
 

CITY OF CUMBERLAND, MARYLAND

PROCEDURE FOR CLOSING RIGHT-OF-WAYS


1.   RESIDENT SUBMITS PETITION (REQUEST) for closing to the city clerk.

2.   REQUEST IS FORWARDED TO ENGINEERING AND PLANNING & ZONING FOR PRILIMINARY APPROVAL.

3.   IF APPROVED, the City Clerk provides an application to be completed and returned which must include the following:
       a. AN AFFIDAVIT with signatures of all property owners with property adjacent to the portion of the right-of-way to be closed stating their approval/disapproval of  the request.
       b. LAND SURVEY completed by a Registered Land Surveyor based on existing subdivisions (to maintain uniformity with other City records), and must include the following:

4.   DESCRIPTIONS:
       a.Description (Bearings and Distances) of the entire portion of the right-of-way to be closed
       b. Descriptions of each portion of the right-of-way to be conveyed to adjacent property owners
       c.All descriptions should include any existing easements and a utility easement (the City of Cumberland for future utilities) the entire length and width of the portion being closed.  Note: the proposed easement for future utilities may be waived by the City of Cumberland under special circumstances

5.     PLAT:
       a.Location of right-of-way to be closed, and each portion of the closing
       b.Adjoining properties and all related information
       c.Subdivision References
       d.Location of existing utilities
       e.Location of existing and proposed easements
       f.Plat must include a signature block for the Engineering Department’s approval
       g.Registered Land Surveyor Stamp

6.     NON-REFUNDABLE CLSOING FEE in the amount of Two Hundred Fifty Dollars and No Cents ($250.00)

7.     STAFF (ENGINEERING AND COMMUNITY DEVELOPMENT) DETERMINES whether existing or future public works facilities and Public Utilities will be affected, and if the closing will be contrary to Community Development plans and regulations. Staff will notify the City Clerk of approval or denial.  An explanation will be provided (by staff) for any denial

8.   CITY CLERK PROVIDES WRITTEN NOTIFICATION to residents, adjoining property owners, and all utilities of closing approval and the intention to close the portion of the right-of-way; posting notification on the City Hall N. Centre Street entrance bulletin board and on the City’s web site providing at least ten (10) days notification prior to Mayor and City Council adoption of legislation to close the right-of-way.

9.     LEGAL prepares an ordinance for presentation to the Mayor and City Council of Public Session to effect the closing.

10.  ORDINANCE IS PRESENTED FOR ACTION OF THE MAYOR AND CITY COUNCIL
The adopted ordinance is posted to the City’s web site and on the City Hall N. Centre Street entrance bulletin board for a period of thirty days after which the closing is affected.

11.  LEGAL PREPARES QUIT CLAIM DEEDS for the petitioner and neighbors, who then become owners of the right-of-way .                                                        
The City Clerk contacts the new owners of the right-of-way requesting notification of the desires for handling the recording of the deeds. (City or personal legal advisor)

03/20/2007