Staff Report - Request to Vacate Laurel AveTO: W. H. AVERY, TOWN MANAGER
FROM: R. L. WARNICK, DIRECTOR OF PUBLIC WORKS
SUBJECT: REQUEST TO VACATE LAUREL AVENUE
DATE: MAY 13, 1980
On April 21, 1980 the Town Council adopted a resolution of intention
to vacate a portion of Laurel Avenue between Wissahickon and Fairview
Avenue. (A copy of our report dated April 17, 1980 is enclosed.)
Subsequently the Notice of Public Hearing on Street Vacation was
advertised and posted as required by law and the property owners have
paid the $100 processing fee.
On May 14, 1980 the Planning Commission will consider whether or not
the proposed vacation is consistent with the General Plan.
Part of the section of Laurel Avenue proposed to be vacated provides
driveway access to several of the abutting properties. (See enclosure.)
There are three paved driveways to Fairview Avenue via Laurel Avenue
and one unpaved driveway to Wissahickon via Laurel Avenue. It therefore
appears that each property owner taking driveway access via Laurel
Avenue will require an easement to Fairview Avenue in order to retain
legal access over their existing driveways.
If the easements cannot be obtained and the existing driveways are to
be maintained the section of Laurel Avenue containing these driveways
should not be vacated. Copies of this report have been sent to all
affected property owners.
It is recommended that this matter be referred to the Town Council at
their meeting of May 19, 1980 with the recommendation that they hold
a public hearing. After the public hearing, if the Council elects to
proceed with the vacation, they should adopt a resolution ordering
the vacation.
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TOWN MANAGER
R. L. WARNICK COUNCILAGENOA
Director of Public Works DA
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TO: W. H. AVERY, TOWN MANAGER
FROM: R. L. WARNICK, DI±ECTOR OF PUBLIC WORKS
SUBJECT: REQUEST TO VACATE LAUREL AVENUE
DATE: APRIL 17, 1980
A number of property owners abutting Laurel Avenue have asked that the
Town vacate Laurel Avenue as a public street. Enclosed is a petition
signed by 21 people requesting vacation.
Laurel Avenue between Wissahickon and Fairview Avenue is not used as a
street, but was offered for dedication years ago. In order to clear
title to the land, the Town would have to vacate the right-of-way.
State law provides the following procedure for this type of vacation:
1. The Town Council adopts a Resolution of Intention to
vacate excess right-of-way, and sets a public hearing no
sooner than 15 days following adoption of the Resolution
of Intention, and no sooner than 10 days following
advertisement of a Notice of Public Hearing on Street
Vacation.
2. Council holds a public hearing, and adopts an Order of
Vacation, provided they find the portion of the street
unnecessary for present or prospective public street
purposes.
It should be noted that the petition asks that Laurel
Avenue be vacated and "re -dedicated" to the property
owners on either side. We advised the petitioners that
the Town could vacate the land, but could not re -dedicate
it. In other words, the Town can only give up any public
interest in the land. The question of who would acquire
title if the Town gives up its interest is a matter of law.
It is our understanding that the petitioners are aware
of this, and desire to proceed.
We have typically asked parties requesting an abandonment to pay a $100
fee, to help pay for the cost of the proceedings.
If the Council desires to proceed with the vacation, it is recommended
that, at the meeting of April 21, 1980, they take the following action:
Item XII(D)
W. H. AVERY, TOWN MANAGER -2- APRIL 17, 1980
1. Determine if a fee will be required to help pay for the
cost of the proceedings.
2. Set this matter for public hearing on May 19, 1980.
3. Adopt the Resolution of Intention.
4. Direct the advertisement of the Notice of Public Hearing
on Street Vacation.
R. L. WARNICK
Director of Public Works
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TOWN MANAGER
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