Subject
title
Adoption of Ordinance Declaring 5,867 sq. ft. of Property Located at 301 Frederick Avenue to be No Longer Necessary for Public Use and Authorizing the Conveyance of Said Property to the 715 Douglass Avenue Property Owner for Nominal Consideration
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Department
PW - Traffic & Transportation
Recommendation
Staff recommends the Mayor and Council adopt the ordinance (Attachment 1) declaring 5,867 sq. ft. of property to be no longer necessary for public use and authorizing the conveyance of said property to the 715 Douglass Avenue property owner for nominal consideration.
Discussion
At the March 2, 2026, Mayor and Council meeting, the subject ordinance was introduced. Since the introduction of that ordinance, City staff gave public notice of the property conveyance by publishing it in the Washington Post on Monday, March 9, 2026, and posting it on the city’s website beginning on Thursday, March 5, 2026. In addition, a certified letter was sent to the property owner of 305 Frederick Avenue, which is the only other property, aside from 715 Douglass Avenue, that directly borders the subject parcel located at 301 Frederick Avenue. Article IV, Section 1.b(52) of the City’s Charter authorizes the Mayor and Council to “convey any real or leasehold property when no longer needed for the public use, after having given at least twenty days’ public notice of the proposed conveyance.”
The 7,340 sq. ft. City owned parcel with address 301 Frederick Avenue is partially improved with a sidewalk along Frederick Avenue and a Montgomery County Ride On bus stop. After consultation with City staff from other departments and divisions within Public Works, as well as notification to utility companies, there are no known public needs for the remainder of the parcel, except for the reservation for future expansion of the bus stop for an eventual bus shelter. The portion of the parcel with existing public improvements and the proposed bus stop expansion has an area of 1,473 sq. ft., while the area no longer needed for public use has an area of 5,867 sq. ft. The subject parcel has been surveyed and divided to separate the improved section (north) to remain in city possession, and the unimproved section (south) to be conveyed back to the 715 Douglass Avenue property owner. Property descriptions, metes and bounds, and plats have been produced by a professional land surveyor, differentiating the two new parcels.
The City came to acquire the subject parcel on September 14, 1964, when the owners of 715 Douglass Avenue at the time, who are relatives to the current owner of the same property, conveyed the land to the Mayor and Council of Rockville in fee simple for a nominal amount. The 7,340 sq. ft. parcel described as Lot 1, in block numbered (2) in the subdivision known as “First Addition to Lincoln Park,” is located at the corner of Douglass Avenue and Frederick Avenue and has the address 301 Frederick Avenue. The current property owner of 715 Douglass Avenue has requested the city’s consideration to convey the unused portion of the subject property back to her.
Impact Statements
Equity
The conveyance to the current property owner of 715 Douglass Avenue for nominal consideration is equitable because it mirrors how the land was originally given to the City in 1964, which was from her relatives who owned the property at the time and had given it to the city for a nominal amount.
Environment
There are no known environmental advantages for the City to retain the land, nor are there any known environmental detriments by conveying the unused property back to the property owner of 715 Douglass Avenue.
Economy
The conveyance of the unneeded and unused portion of the property from the City to the adjacent property owner reduces the responsibility of any maintenance and liability for the City holding the land.
Mayor and Council History
The Mayor and Council introduced the ordinance on March 2, 2026.
Public Notification and Engagement
In accordance with state law and the City’s Charter, the Mayor and Council have authority to convey property after having given at least twenty days’ public notice of the proposed conveyance. Following the introduction of the ordinance by the Mayor and Council on March 2, 2026, City staff published a public notification of the conveyance in the Washington Post on Monday, March 9, 2026, posted the public notification on the city’s website beginning Thursday, March 5, 2026, and sent a certified letter to the only other adjacent property owner at 305 Frederick Avenue.
City staff previously reached out to utility companies to ensure the unused area is not currently occupied or proposed to be occupied by any public utilities. There are no known utilities on the parcel, nor did any company indicate a future need.
Next Steps
Upon adoption of the ordinance, the City Manager will execute a deed of conveyance with the property owner of 715 Douglass Avenue in a form approved by the Office of the City Attorney.