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Home My WebLink AboutResolutions R24-04-696 - 04/22/2024 - Adopt a Policy & Procedure for Dispositioin of Small or Narrow Strips of LandSTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. R24-04-696 A RESOLUTION TO ADOPT A POLICY AND PROCEDURE FOR DISPOSITION OF SMALL OR NARROW STRIPS OF LAND BE IT RESOLVED by t he Ci t y Council of t he C ity o f Milto n, Geo rgia while in Reg ul ar called Council meeting on t he 22 nd day of April 2024 at 6:00 p.m . as follo w s: SECTION 1. That t he Disposition of Sma ll or Narrow Strips of Land Policy and Procedures for the City o f Mil t on , a t tached hereto and incorpo rated herein by re f erence as Exhibit "A," is hereby adopted and approved; and, SECTION 2 . That a ll resolu t ions in co nfl ict herewith are here b y repealed . SECTION 3. Th at this Reso lu tion shal l b ecome e ff ective upo n its adoption. RESOLVED this 22nd day of Apri l 2024. MILTON\t Public Works Department STANDARD OPERATING PROCEDURES SOP NUMBER: PW-24-002 SOP TITLE: Disposition of Small or Narrow Strips of Land AUTHOR(S): Sara Leaders EFFECTIVE DATE: 4/22/24 ISSUE DATE: REVISION DATE: N/A COUNCIL APPROVAL: PURPOSE The objective of this Standard Operating Procedure (SOP) is to establish a policy and procedure for disposition of city-owned surplus right of way, land , or easements. This SOP is for parcels of small or narrow str ips of land that were purchased by, dedicated to, or donated to the City of Milton where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner(s)' property. These d ispositions could be for surplus right of way as authorized by O .C.G.A . § 32 -7-3 or land in accordance with O .C .G.A. § 36 -37-6(g). The proposed disposition of any property that can function independently (typically 1 acre or more in size or with the ability to be serviced by all necessary utilities for usage) will adhere to O .C .G.A. § 36- 37-6(a) and follow procedures directed by the City Attorney. A proposed request for the city to abandon right of way with a function, purpose , and created with the intent as a public street shall be processed in accordance with O.C.G.A. § 32-7-2(c) and shall follow the city 's right of way abandonment policy and procedures. SCOPE This SOP is a mandatory document unless otherwise specified that applies to all staff that interact w ith the procedure . This SOP covers the steps to process a request to dispose of city property (meeting applicability of function and purpose) to abutting owner(s). DELIVERABLES The city may sell and convey, by quitclaim deed, parcels of small or narrow strips of land to abutting property owners meeting the City of Milton Code of Ordinances Sec. 2-390 . This SOP ensures cons istency w ith determining applicability and processing requests from abutting owner(s). RESPONSIBILITIES All applicable staff will adhere to this policy and follow t he established procedures for the City of Milton land disposition. The sale of city property to abutting property owners through this policy is not required to be submitted to the process of auction or the solicitation of sealed b ids so long as the sale complies with O.C .G.A. § 32-7-4/a), No Text MILTON,r Public Works Department STANDARD OPERATING PROCEDURES O.C.G.A. § 36-37-6(g), City Code section 2-390, and with any additional conditions that the council may impose by resolution. DEFINITIONS Administrative Review -Staff determination of the type of requests: small area disposition (small or narrow strips), disposition by auction or sealed bid (property that can independently function), or right of way abandonment (area that was created to function as a public street). Applicability -Parcels applicable for disposition under this SOP include small or narrow strips of surplus right of way as authorized by O.C .G.A. § 32-7-3 or land in accordance with O.C.G.A . § 36-37 -6(g), where such sales and conveyances facilitate the enjoyment of the highest and best use of the abutting owner(s)' property. Applicant -The property owner or owners abutting the city-owned property or easements who requests disposition of city property. City Property -Right of way or land owned in fee by the City of Milton or designated by easement for city purposes. Disposition -The sale of city-owned right of way, land, or easements to abutting property owner(s). Exclusion -Any proposed disposition of any right of way or land that can function independently (typically l acre or more in size or with the ability to be serviced by all necessary utilities for usage) must be offered for purchase, either by sealed bids or auction, to the highest bidder and will follow procedures directed by the City Attorney in accordance with O.C .G.A. § 36-37-6 . Requirements -Requested Area must not be used to increase Applicants parcel size such that the usage would change (i.e . creating an additional lot). Requested Area may be restricted to additional conditions that the council may impose by resolution to limit certain im provements within Requested Area by Applicant. Requested Area -A small or narrow strip of right of way or land that is city-owned or has city easement rights , that the Applicant requests to purchase from or have released by the city. This can be a current parcel or area proposed to be separated from a larger parcel. Right of Way Abandonment -A proposed reques t for the city to abandon rig ht of way with a function , purpose, and created with the intent as a public street processed in accordance w ith O.C .G.A. § 32 -7-2(c) following the city's right of way abandonment policy and procedures. Value -The value of the Requested Area shall be determined in one or more of the followinq ways: MILTON~ Public Works Department STANDARD OPERATING PROCEDURES 1. If the land is part of an existing tax parcel, the tax appraisal value of the land (not including improvements) for the current year may be used to determine the value. 2. If the City purchased the land less than one year prior, the value will be the same that City paid for the area. 3. If the land was donated, there will be no value associated with the disposition. 4. City staff may require an appraisal to determine the value. The Applicant shall obtain an appraisal of the land as determined by a certified general appraiser licensed in the State of Georgia. The City reserves the right to accept the appraisal or get its own appraisal. Thereafter, the final price would be negotiated between the two competing appraised values. PROC EDUR ES The city may sell and convey, by quitclaim deed, parcels of small or narrow strips of land if requested by abutting property owner(s) and meeting the Applicability. The city shall only exercise its authority to dispose of property where only one property owner abuts the city property requested to be disposed of, or all abutting owners agree in writing to the manner in which such city property shall be disposed. • The Applicant submits a request to the city. • Applicable city staff and the City Attorney's Office review the request. • City staff review the application as an Administrative Review to determine the type of request. Only small area dispositions follow this SOP. • City staff review the Requested Area to determine if shape or size are incapable of being used independently as zoned or under applicable subdivision or other development ordinances or land use plans. • City staff review the Requested Area to determine if it is incapable of being used as a street or serves as a future inter-parcel street connection. • City staff review the Requested Area to determine that it has no necessary facility or function of the city-owned property. • City staff provides a recommendation if the Requested Area meets the criteria for disposal . • City staff determines the Value of the Requested Area. • The City Attorney's office provides a final review for conformance to the State Code requirements. • Requested Areas that conform to City and State Code may be discussed in executive session and thereafter presented to the Mayor and City Council for consideration in an open meeting. y MILTON~ Public Works Department STANDARD OPERATING PROCEDURES • Public Works staff will present a new business item on a regular City Council agenda to consider a resolution authorizing disposition of city-owned land or easement and approval of a sale agreement. • The Mayor and City Council will vote whether to approve the disposition of the Requested Area. If the request is not approved the process ends and the Applicant shall not be able to re-file for a period of two (2) years from the date that the request was rejected. • Following approval of the resolution, the Applicant will obtain a survey with a legal description of the Requested Area , if one does not exist , prepared by a registered land surveyor or professional engineer. A minor plat may be required if the Requested Area needs to be separated from a larger parcel. • If approved, the City Attorney's office will schedule a closing for the disposition of city property. • If necessary or required by the city, a plat will be submitted by the Applicant for city approval and recording based on the deed for land disposition. APPROVED BY: Sara Leaders Public Works Director Steven Krokoff City Manager DATE : COUNC IL APPROVAL :