[Adopted by L.L. No. 1-2000 (Ch. 241, § 241-4, of the 1989 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A parcel of land that lies between the rear yards of lots
that front on different streets and typically connects two public
streets.
The Common Council may, by resolution, authorize the conveyance
of the City's interest in alleys to persons who own land adjoining
such alleys on the following terms and conditions and in accordance
with the following procedure:
A.
The owners of land adjoining an alley may request that the Common
Council convey the City's interest in that part of the alley
that adjoins their property.
B.
The City Planner shall advise the Common Council whether such alley
is needed for any present or foreseeable public improvements or utilities.
[Amended 8-17-2017 by L.L. No. 3-2017]
C.
The City Building Inspector shall inspect the alley and advise the
Common Council whether there is any visible evidence whether that
part of the alley requested to be conveyed has been regularly used
for ingress and egress to other lots that adjoin the alley.
D.
Before the Common Council authorizes a conveyance of the City's
interest it shall:
(1)
Find that such alley is not needed for public improvements or utilities.
(2)
Find that the part requested to be conveyed is not used by another
lot owner who adjoins such alley as a means of ingress or egress to
his property.
(3)
Send notice by certified mail to the person(s) who are listed on
the City's real property tax roll as the owners of property adjoining
the parcel requested to be conveyed. Such notice shall advise such
owner(s) of the requested conveyance and that they have 30 days from
the date of such notice to request a conveyance of that part of the
alley that adjoins their property.
(4)
When two or more persons who own property on the opposite sides of
an alley request a conveyance, the Common Council may authorize a
conveyance from the center line of the alley to such owners.
(5)
If the opposite and adjoining owner does not request a conveyance,
the Common Council may convey its interest in the alley to the rear
property line of the opposite and adjoining owner.
The City shall convey its interest on the following terms:
A.
The conveyance shall be authorized by a majority vote of a quorum
of the Common Council.
B.
The property shall be conveyed for $1, unless the Common Council
determines it shall be sold for a higher price in its authorizing
resolution.
C.
Conveyance shall be made by quit claim deed.
D.
The City shall not provide a title or tax search for the property
conveyed.
E.
The grantee shall be required to pay or reimburse the cost of attorneys
fees incurred by the City in making the conveyance.
F.
The deed may reserve to the City any easements it deems necessary
or desirable.
