The purpose of this Section is to provide procedures and standards for the vacation of right-of-ways in the City of Creede. The procedures and authority set forth in C.R.S. §43-2-301 et. seq. shall apply unless in conflict with any specific provision set forth in this §9-3-100, Right-of-Way Vacation. The vacation of public easements are also considered right-of-ways in this Section.
(a) Definitions incorporated. The definitions set forth in C.R.S. §43-2-301 are incorporated in this §9-3-100, Right-of-Way Vacation.
(b) Review procedures. Applications for the vacation of a right-of-way shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for vacation of a right-of-way may be initiated by the Board of Trustees or by a property owner abutting the right-of-way proposed for vacation. Applications to move or alter a right-of-way shall be processed as a subdivision application concurrently with a right-of-way vacation application, in which case the ordinance approving the vacation of a right-of-way, or portion thereof, shall also approve a final plat which results in the dedication of the moved or altered right-of-way or portion thereof. Public easement vacations can be processed as part of a major or minor subdivision application.
(c) Review authority. The Board of Trustees shall review and render the final decision on an application to vacate a right-of-way after conducting a public hearing. Vacation of a right-of-way shall be approved by ordinance of the Board of Trustees.
(d) Review criteria. The Board of Trustees shall use the following review criteria as the basis for a decision on an application to vacate a right-of-way:
(1) No right-of-way shall be vacated so as to leave any land adjoining the vacated right-of-way without an established public road or private-access easement connecting said land with another established public road;
(2) The right-of-way is determined to be platted on terrain which is not practical for the construction of a right-of-way due to terrain, topography, natural features or other constraints, and the right-of-way does not provide any other potential benefit to the public, including but not limited to utility connections, pedestrian or recreation connections, drainage or public landscaping;
(3) Sufficient easements for utilities, access or other purposes are retained;
(4) Compensation shall be required for the area of vacated right-of-way based upon the fair market value per square foot of the area vacated and the applied zoning. For the purposes of this provision, fair market value shall be determined by an independent appraisal by a duly licensed professional appraiser; and
(5) The vacated area of right-of-way shall be included in the same zone district as the abutting property to which the vacated right-of-way vests.
(e) Recording, deed. The ordinance vacating a right-of-way shall be recorded in the office of the Mineral County Clerk and Recorder. The ordinance shall authorize the Mayor or other designee to execute a quit claim deed on behalf of the City of Creede which quit claim deed shall reference any exceptions, easements or reservations of the vacation and shall be recorded in the Office of the Mineral County Clerk and Recorder.
(Ord. 395 §3, 2016; Ord. 426 § 1, 2021)