Public Right of Way Closings (Information, Forms, and Notices)

Procedure for Closing Public Right of Ways

  1. Resident submits request for closing to the City Clerk (Download Form I (PDF) or Fill Out Form I Online)
  2. Request is forwarded to Engineering and Planning and Zoning for preliminary approval (Engineering will contact utility companies to determine if there are any utilities in the right of way that would require an easement)
  3. If preliminary approval is granted, the City Clerk provides Form II to the applicant to be completed and returned with the following information:
    • An affidavit with signatures of all property owners with property adjacent to the portion of the right of way to be closed stating their approval/disapproval of the request
    • Land survey (in paper and electronic format) completed by a Registered Land Surveyor based on existing subdivisions and utility easement restrictions requested in 2, which must include descriptions and the plat
    • Non-Refundable closing fee in the amount of $1,000
  4. Staff reviews submissions for accuracy and determines whether all requests for easements, etc have been accommodated
  5. Written notification is provided to residents, adjoining property owners, and all utilities of the intention to close the portion of the right of way (Notification is posted the City Hall, N Centre Street entrance bulletin board, and on the city’s website providing at least 10 days notification prior to Mayor and City Council’s adoption of legislation to close the right of way)
  6. Ordinance is presented to the Mayor and City Council over the course of 2 public meetings (Public comment on the closing is accepted after the 2nd reading of the ordinance, and the ordinance is adopted upon approval of the Mayor and City Council after the 3rd reading of the ordinance)
  7. The adopted ordinance is publicly posted for a period of thirty days, after which the closing is affected
  8. Legal prepares quit claim deeds for the petitioner and neighbors, who then become owners of the right of way
  9. If petitioner would like the City Solicitor to handle the recordation of the deed, the following additional fees will apply:
    • Attorney fee: $100 (Made payable to the Mayor and City Council of Cumberland)
    • Recordation/court fees: $60 for documents less than 10 pages in length and $115 for documents 10 pages or more in length. (Made payable to the Circuit Court for Allegany County)

Descriptions

  • Description (Bearings and Distances) of the entire portion of the right of way to be closed
  • Descriptions of each portion of the right of way to be conveyed to adjacent property owners
  • All descriptions should include any existing easements and a utility easement (to the City of Cumberland for future utilities) the entire length and width of the portion being closed (Note: the proposed easement for future utilities may be waived by the City of Cumberland under special circumstances)
  • Descriptions must be provided in Word format

Plat

  1. Location of right of way to be closed and each portion of the closing
  2. Adjoining properties and all related information
  3. Subdivision references
  4. Location of existing utilities
  5. Location of existing and proposed easements
  6. Plat must include a signature block for the Engineering Department’s approval
  7. Registered land surveyor stamp