Public right-of-way, alley, or public easement vacation.
El Paso City Code § 19.15.040
in effect19.15.040 - Public right-of-way, alley, or public easement vacation.
A. Public easements. The vacation of public easements shall be achieved by a Replat, a Vacation Plat, or a separate instrument. If such was originally dedicated to the City by a Plat, then a Replat or a Vacation Plat may be required for vacation. If such was dedicated by a separate instrument, then a Replat or Vacation Plat shall not be required, but such vacation shall be accomplished by separate instrument in accordance with the terms and conditions specified under the dedicatory instrument. Vacation of a temporary drainage easement, drainage area or other temporary dedication of land to the City shall be in accordance with the dedicatory language contained in the dedicatory instrument.
B. Alleys and public rights-of-way. A property owner whose property abuts an alley or right-of-way located within the corporate limits, may apply to the city for a vacation, in whole or in part, of the abutting alley or right-of-way. If no improvements have been made to the alley or right-of-way, such vacation may be obtained either by following the process for vacation of a recorded subdivision or resubdivision as described in Section 19.07 of this title or by complying with the requirements of this Section. If improvements have been made to the alley or right-of-way, such vacation may be obtained only by complying with the requirements of this Section.
C. Application required. An application for vacation of public easements, alleys and rights-of-way, a copy of which is on file with the office of the planning official, accompanied with the following submittal requirements shall be submitted to the city manager or designee:
1. A nonrefundable processing fee as approved by city council.
2. The written concurrence of all persons who own property abutting the public easement or right-of-way proposed to be vacated.
3. Copies of recorded deeds showing current ownership of all properties abutting the public easement or right-of-way proposed to be vacated.
4. Eighteen copies of a survey of the area requested for vacation, showing all abutting property boundaries, improvements (noting whether such improvements are to be removed or are to remain), drainage structures, dimensions and other easements or rights-of-way contained on the property. Such survey shall be prepared by a surveyor (must be sealed) and must contain the following information:
a. Illustrate the existing and proposed drainage patterns, conditions, and what will be modified. Provide drainage easement(s) for any existing active underground drainage pipe and drop inlet(s) located within the property, also for surface drainage flow of storm water crossing the subject property.
b. Provide flood zone designation and illustrate flood zone encroachments, if applicable.
c. A metes and bounds description of the property to be vacated and calculations showing the area in square feet.
d. A location map at a scale of one inch equals six hundred feet which provides identification of the proposed vacation in relation to features such as local streets, arterial streets, schools and other features, on a separate 8½ × 11 sheet.
e. One copy of the subdivision plat or instrument by which the public easement or right-of-way was dedicated, showing the recording information.
D. Review for application completeness. The city manager or designee, shall, upon receipt of an application for vacation of public easements, alleys and rights-of-way, review the application to determine whether or not the application meets all of the requirements for submittal required above. An application not meeting all of the submission requirements shall be returned to the property owner within five working days following the date of acceptance for review of application completeness, indicating the information which is lacking on the application. For purposes of this procedure, the date of acceptance of an application for review of application completeness shall not be counted as the first day of the five working day review period. If an application accepted for review of application completeness is not returned to the property owner within the five working day review period, the application shall be deemed accepted.
E. Procedure and notice.
1. Procedure.
a. Upon acceptance of an application for vacation of public easements, alleys and rights-of-way, the city manager or designee shall distribute the application to affected departments. Written comments and recommendations on the application shall be submitted to the city manager or designee within one week from the date of distribution. All objections to the application shall be submitted in writing. Comments and recommendations not submitted or received within the specified time period shall result in comments not being considered by the city manager or designee, and shall require that the affected member's late comments and recommendations be made directly to the city plan commission.
b. The city manager or designee shall present the application to the city plan commission with a recommendation of approval, approval with modifications or disapproval, subject to any written comments and recommendations.
c. The city manager or designee shall compile a report of the written comments and recommendations of city staff, which shall be submitted to the city plan commission. A copy of this report shall be provided to the property owners making the application at least three working days prior to the commission hearing.
d. Upon a favorable recommendation from the city plan commission on the application to vacate a public easement, the city manager or designee shall forward the information to the city attorney for preparation of the vacation ordinance. The city manager or designee shall forward the ordinance to the city council for approval.
e. Upon a favorable recommendation from the city plan commission on the vacation of alleys and rights-of-way, the city manager or designee shall forward the information to the city attorney for preparation of the vacation ordinance and for securing the necessary appraisal or alternate method to establish market value.
f. Upon completion of establishing the market value of the alley or rights-of-way, the city manager or designee shall forward the ordinance to the city council for approval.
2. Public hearing notice.
a. Public easement vacations. Notice to property owners regarding the city plan commission and the city council hearings shall not be required when the application is for vacation of public easement.
b. Alley and public right-of-way vacations. Notice for city plan commission and city council hearing shall be mailed by the city manager or designee to all property owners:
(a) Abutting an alley or public right-of-way proposed to be vacated;
(b) Within the block contiguous to the alley or public right-of-way proposed to be vacated; and
(c) Within a two hundred foot radius of the alley or public right-of-way proposed to be vacated.
Notice shall be given at least ten days prior to the public hearing. Property ownership shall be determined by reviewing the last approved ad valorem tax roll of the city available. In addition, the city manager or designee shall place a legal notice in a newspaper of general circulation in the city or as otherwise provided by state law regarding information of the public hearing before the city plan commission on the public right-of-way proposed to be vacated. Notice shall appear in the newspaper ten days prior to the public hearing date.
F. Appeal of city plan commission denial. No vacation ordinance shall be prepared or submitted to the city council where the city plan commission recommends disapproval of an application for vacation of a public easement, alley or right-of-way. The applicant may, in writing, request an appeal to city council by placing an item on the agenda at a regularly scheduled city council meeting. The appeal must be made within fifteen days of the denial by the city plan commission in the office of the city clerk. The city council may deny the appeal or may direct the preparation of the vacation ordinance.
G. Appraisal required for vacation of an alley or public right-of-way.
1. General. Where required by state law, an appraisal shall be made for an application for vacation of an alley or public right-of-way. The applicant shall pay for all appraisal fees incurred by the city. The appraisal shall be requested to determine the market value of the city's interest in the alley or public right-of-way. The cost of the appraisal will be reimbursed to the city by the applicant whether or not the application is finally approved by the city council. The applicant shall submit a check payable to the city for all appraisal fees before the application is forwarded to the city council for finalization.
No appraisal shall be required for an application for vacation of a public easement. In all cases, the market value of the city interest in a public easement to be vacated shall be the equivalent value of twenty-five dollars.
2. Date of valuation. The date for establishing the market value of the alley or public right-of-way proposed to be vacated shall be the date the application is accepted by the city manager or designee.
3. Case of Disputed Value. If the first appraisal obtained by the city is disputed by the applicant, the applicant shall obtain a second independent appraisal at the applicant's expense. The city must agree on the qualification of the second independent appraiser before the appraisal is requested by the applicant. If the city attorney determines that there is a substantial difference between the two appraisals, the city will contact a third independent appraiser to perform a review appraisal, the cost of which shall be paid by the applicant. The city council shall then make a final determination of market value which shall be binding on all parties.
H. Fees to be paid by applicant.
1. Application Fee. Before the city council authorizes the vacation of all or part of a public easement, alley or right-of-way, the applicant shall pay a nonrefundable application fee as established by city council.
2. Vacation Fee for Alley or Public Right-of-Way. In addition to the application fee, the applicant shall pay the following:
a. The cost of the appraisal; and
b. The appraised market value of the city's interest in the alley or public right-of-way.
3. Publication Costs. The city shall bear the costs for publishing notices related to the application to vacate public easements, alleys and rights-of-way, when it is presented before the city council for finalization.
I. Resubmission of a vacation application. No application for vacation of a public easement, alley or right-of-way, shall be resubmitted within a twelve-month period from the date of final action by the city plan commission or the city council, whichever action occurs last.
J. Quit Claim Deed. A Quit Claim deed that eliminates any and all future claim for city responsibility for the vacated right-of-way, alley, or easement may be required by the city council as part of the approval of the document (i.e., Plat or separate instrument) that achieves the vacation.
(Ord. 16882 § 2(part), 2008) (Ord. No. 17251, § 9, 12-15-2009; Ord. No. 17396, § 12, 8-24-2010; Ord. No. 17738, § 2, 3-6-2012)
Source: City of El Paso, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/el_paso/codes/code_of_ordinances?nodeId=TIT19SUDEPL_ART2SUST_CH19.15RO_19.15.040PURI-WALPUEAVAFetched: 10/28/2026