CAMANCHE — The City of Camanche will implement a policy for selling right of way on public avenues after the City Council approved the measure last week.
The Camanche City Council last week voted 5-0 to approve the resolution establishing a policy for selling right of way on public avenues where 100 feet of right of way exists.
The resolution says the city has a number of 100-foot right of way avenues as established in older platted developments in the city. The city has determined it may be in the city’s best interest to allow the sale of a portion of existing right of way to the adjacent property owner at an established price, the resolution says.
The resolution says the sale price will be calculated at 50 cents per square foot. The sale must include no less and no more than 20 feet for the entire length of the property, the resolution states.
The resolution stemmed from the request of a resident on Second Street who wants to purchase right of way where the city has 100 feet of right of way, City Administrator Andrew Kida said. Kida said the policy is required to implement the 50-cents per square foot rate. He said otherwise the city would need to charge $2.86 per square foot.
The resolution says the buyer is to pay all publication fees, legal fees, survey work, recording fees and any other fees or costs incurred by the city to sell the right of way and comply with state law requirements. The buyer must enter into a legal agreement with the city upon request to purchase, obligating the buyer to pay all fees and costs incurred by the city even if the transaction is not completed, the resolution says. The policy will not apply if the City Council in its reasonable discretion determines retaining the right of way serves the city’s best interest, the resolution adds.
City Attorney Randy Current noted sometimes in 100-foot right of ways, the street is not exactly in the middle of the right of way.
“You may have to have a time when you have them tinker with this a little bit just to make sure you don’t end up with a small strip or something,” Current said. “Hopefully the streets are all within the 60-foot right of way and you don’t have any issues with that. I’m not aware of anything down in Camanche so a 60-foot right of way still should protect the city even if the street is not in the exact middle of the right of way.“