Subject
title
Introduction of an 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 that the Mayor and Council introduce the ordinance (Attachment 1) 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.
Discussion
On September 14, 1964, the owners of 715 Douglass Avenue, who are relatives of the current owner of the property, conveyed to the Mayor and Council of Rockville in fee simple for a nominal amount, the land described as Lot 1, in block numbered (2) in the subdivision known as “First Addition to Lincoln Park.” This 7,340 sq. ft. parcel of land, located at the corner of Douglass Avenue and Frederick Avenue and having the address 301 Frederick Avenue is partially improved containing a sidewalk along Frederick Avenue and a Montgomery County Ride On bus stop. The current property owner of 715 Douglass Avenue has requested the city’s consideration to convey the unused portion of the property back to her.
A Street Closing and Abandonment application was initially submitted by the property owner. However, after further review, staff determined that the request should instead be processed as a land conveyance rather than an abandonment. The portion of the property at issue is not currently designed right of way, and the City originally acquired the property in fee simple; therefore, it is more appropriate to convey the property back in the same manner. As a result, the application fee for the abandonment request has been returned to the property owner.
Even though this is not a Street Closing and Abandonment case, staff followed some of the same processes to determine that the land is no longer needed for public use. Staff sent out inquiries to utility companies about the property to see if there were any existing or any contemplated utilities to be placed on the parcel. No responses were received and the city has no record of any existing utilities. Traffic and Transportation staff also coordinated with other staff members from other divisions of Public Works and in other city departments to determine if there was any public need for the land. Aside from the existing sidewalk and bus stop with a future shelter, there is no known need, and therefore, staff believes the unimproved portion of the parcel can be conveyed back to the property owner of 715 Douglass Avenue.
The parcel in question has been surveyed and divided to separate the improved section (north) to remain in city possession and the unimproved (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 to differentiate the two new parcels. The southern portion of the area that is proposed for conveyance, which is described in Attachment 2, totals 5,867 sq. ft. and starts generally one foot behind the existing sidewalk and the limits of a proposed concrete pad for a future bus shelter measuring 7’x12’ along Frederick Avenue. The northern portion of the parcel, totaling 1,437 sq. ft. and contains the sidewalk and the future bus stop limits, will remain under the ownership of the Mayor and Council.
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 (20) days’ public notice of the proposed conveyance.” After this introduction of the ordinance to convey the stipulated land back to the property owner of 715 Douglass Avenue, city staff will proceed with public notice and come back to the Mayor and Council for adoption after the required 20-day notice period has ended.
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 gave 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 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
This is the first time this agenda item has been presented to the Mayor and Council.
Public Notification and Engagement
In accordance with state law and the City’s Charter, the Mayor and Council have authorization to sell property after having given at least twenty (20) days’ public notice of the proposed conveyance. The advertisement for notice of this 20-day period will be included in The Washington Post and other outlets as recommended by the Communications and Community Engagement Division. In addition, written notice will be provided to any adjacent properties directly bordering this land.
Like the process of Street Closing and Abandonments, city staff has already reached out to the utility companies to ensure that the unused area is not currently occupied or proposed to be occupied by any public utilities and found that it is not needed for this purpose.
Next Steps
Following introduction of the ordinance, staff will provide formal notice of the conveyance with at least 20-day notice. After the required notice period, staff will come back to Mayor and Council for adoption of the 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.