File #: 17-2250    Version: Name: Ordinance - Third and Final Reading of an Ordinance Approving a Request to Abandon the Western Half of the Prescriptive Right-of-Way of Miller Rd. (.413 Acres) North of Heritage Parkway to Heritage Town Center, LLC & ECW Investments, LLC
Type: Ordinance Status: Passed
File created: 3/31/2017 In control: City Council
On agenda: 5/22/2017 Final action: 5/22/2017
Title: Ordinance - Third and Final Reading of an Ordinance Approving a Request to Abandon the Western Half of the Prescriptive Right-of-Way of Miller Rd. (.413 Acres) North of Heritage Parkway to Heritage Town Center, LLC & ECW Investments, LLC
Sponsors: Joe Smolinski, Bart VanAmburgh
Attachments: 1. Ordinance, 2. Exhibit A&B, 3. Miller Rd. Map, 4. Heritage Legal and Exhibit, 5. ECW Investments Legal and Exhibit, 6. Quitclaim Deed-ROW Abandonment- Heritage Town Center - Miller Rd., 7. Quitclaim Deed-ROW Abandonment ECW-Miller Rd

Title

Ordinance - Third and Final Reading of an Ordinance Approving a Request to Abandon the Western Half of the Prescriptive Right-of-Way of Miller Rd. (.413 Acres) North of Heritage Parkway to Heritage Town Center, LLC & ECW Investments, LLC

 

Requested Action

Consider the subject right-of-way abandonment.

 

Recommendation

The Engineering Staff recommends the approval of the right-of-way abandonment of Miller Rd.

 

Description/History

As a capital improvement project, Miller Road was reconstructed and realigned in the area just north of Heritage Parkway.  The existing asphalt within the Miller Road prescriptive right-of-way was no longer needed and was removed. 

 

Justification

Staff has agreed that the currently unused prescriptive right-of-way of Miller Rd., as shown by the exhibits, will no longer be needed by the City.  The realignment of Miller Road allows the unused western half of the Miller Road prescriptive right-of-way to be abandoned and quitclaimed to the adjacent property owners, Heritage Town Center, LLC and ECW Investment, LLC.  Abandoning this portion of right-of-way will allow these properties to have more area for future development. 

 

Funding Source

No funding necessary.

 

Prepared By

Gus Chavarria, CIP Manager, Engineering Department 817-276-4235