All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(M) or the DPM.
This Subsection 14-16-6-6(M) applies to all applications for any of the following Vacations:
Any public or private easement or private way shown on a recorded plat.
Any public right-of-way that meets any of the following thresholds:
1. More than 500 square feet or the entire width of a platted alley.
2. More than 5,000 square feet or the entire width of a street, including any or all of the right-of-way.
Any public right-of-way that does not meet the thresholds in Subsection (b) above.
6-6(M)(2)(b) City Planning Department staff shall refer the application to commenting agencies pursuant to Subsection 14-16-6-4(J).
6-6(M)(2)(c) Required commenting agencies pursuant to Subsection 14-16-6-4(J) shall review the application and forward any comments and a recommendation to the DHO.
1. Within 7 days of the approval, the applicant shall coordinate with the Real Property Division of the City Department of Municipal Development and send notice of the approved vacation by First Class Mail to all abutting property owners. The letter shall include the contact information for the Real Property Division of the City Department of Municipal Development, as well as any other information as directed by the Real Property Division of the City Department of Municipal Development.
a. Abutting property owners have 30 days from the receipt of the notice to notify the Real Property Division of the City Department of Municipal Development of the intent to purchase the vacated right-of-way, or any portion thereof, or possibly forfeit their right to do so.
b. Within 7 days of receipt of the notice of intent to purchase, the Real Property Division of the City Department of Municipal Development will provide the interested property owner with a purchase price for the desired portion of the vacated public right-of-way.
2. Any property owner that purchases vacated public right-of-way shall complete all of the following requirements within 1 year of the approval of the Vacation or the Vacation shall be voided:
a. Obtain a Subdivision of Land - Minor or a Subdivision of Land - Major, as applicable, in order to combine the vacated right-of-way with their property.
i. The zone district boundary will be extended to the new lot lines established by the subdivision.
ii. In the event that there are existing utility facilities (e.g. water/sewer lines, electric lines, drainage facilities, etc.) situated on, in, or under the vacated right-of-way, the purchasing property owner shall contact any affected utility promptly following the approval of the vacation to negotiate if and under what terms the property owner grants an easement for the utilities and/or if, when, and how a relocation of the utility facilities is required.
a. Where there is no duly recorded easement associated with the existing utility facilities because the facilities were placed on the property in accordance with a franchise agreement between the City and the utility, the purchasing property owner, at his/her sole discretion, shall advise the utility of 1 of the following:
1. That the property owner is willing to negotiate a grant of easement to accommodate all or a portion of the existing utility facilities on the property.
2. That all or a portion of the existing utility facilities on the property will need to be removed and/or relocated.
b. Where there is a duly recorded, valid easement associated with the existing utility facilities for the use and occupancy of the property, such easement runs with the land pursuant to Subsection 14-16-6-4(X)(1).
1. In the event that the purchasing property owner wants to relocate any utility facilities to accommodate new development, the purchasing property owner shall contact the affected utility to request, coordinate, and negotiate the relocation of the utility facilities, associated costs, and any new easements that are needed.
2. Any existing easements or newly granted easements shall be reflected on the Subdivision - Minor or Subdivision Major, as applicable, that is required pursuant to Subsection 14-16-6-6(M)(2)(f)2.a., above.
b. Record the final plat with the Bernalillo County Assessor, pursuant to Subsection 14-6-6(K)(2)(h) or 14-16-6-6(L)(2)(g)4, as applicable.
c. Present and execute a quitclaim deed in a form acceptable to the City to effect the transfer of ownership after recording the final plat.
d. Record the executed quitclaim deed with the Bernalillo County Assessor.
An application for a Vacation of Easement, Private Way, or Public Right-of-way shall be approved if it meets any of the following criteria.
6-6(M)(3)(b) There is a net benefit to the public welfare because the development made possible by the Vacation is clearly more beneficial to the public welfare than the minor detriment resulting from the Vacation, and there is no convincing evidence that any substantial property right is being abridged against the will of the owner of the right.