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Public Works

Updated December 26, 2012
Vacation of Right-of-Way/Easements

How to Vacate or Abandon public streets, the City's interest in easements for public streets, utilities, and government patent easements.

Applicant:
Completes items 1 through 11 on the Vacation Application:

  1. Determine the type of vacation being requested:
    • Public Streets (Fee title)
      1. Contact Survey/Right-of-Way for a Vacation Application number
    • Public drainage ways (Fee Title or Easement)
    • Slope easements
    • Government Patent Easements
    • Public Street and Utility Easements (including RS 2477 roadways)
    • Public Utility Easements (PUE)
    • Non-exclusive Utility Easements (NUE)
    • Utility Easements (UE)
    • Municipal Utility Easements (MUE)
  2. Compile the following:
  3. A justification letter to explain the intent and reason for the proposed vacation.
    • Explain in detail why the vacation is being requested and why there is no longer a compelling public need or necessity for the proposed vacation.
  4. One copy of an 8 by 11 drawing; must include a vicinity map; (sample drawing)
  5. Review of each of the franchised utility companies indicating if and where an easement for existing, planned or approved facilities should be reserved.
    • Required for vacations of Public Streets only.
  6. One copy of a written description indicating the width, length, and approximate square footage of the proposed vacation;
  7. One copy of the deed(s) showing applicant's ownership;
  8. List the current Assessor Parcel Number(s) for each property affecting/abutting the area(s) of the proposed vacation;
  9. One copy of the document(s) that created the area to be vacated (i.e., recorded subdivision plat, parcel map, patent, etc.);
  10. Application signed by all affected/abutting property owners. Signature authorization and ownership disclosure form are needed if the owner is a home owner's association, joint venture trust, company or corporation.

        Corporate Authorization Form
        Limited Liability Company Authorization Form
        Limited Partnership Authorization Form   

        Ownership Disclosure Form
        Partnership Authorization Form
        Trust Authorization Form

  11. Applicant/owner name(s)

  12. Name, address, and phone number of Surveyor and/or contact person.

  13. Applicant pays appropriate filing fee (payable to the City of Henderson).

City of Henderson:

  1. Survey/Right-of-Way assigns a Vacation number and submits the packet to the Community Development department for staff's review, comments and Conditions of Approval. 

    • For Type I Vacations (See Henderson Municipal Code 19.6.8(A) Community Development processes the application, assembles recommendations, and forwards to Planning Commission and City Council for approval.
    • For Type II Vacations (See Henderson Municipal Code 19.6.8(B) Survey/Right-of-Way processes the application, assembles recommendations, and forwards to City Council for approval. (MUEs NRS 278.480(11)and Government Patent Easements NRS 278.480(3) which qualify for the procedure.
  2. Upon City Council approval, the City Clerk notifies applicant via letter of approval. The vacation is not complete until it has been recorded. The applicant has one year from the date of City Council approval to complete the vacation.
To complete the Vacation:

Applicant:

  1. Submits appropriate recordable map to Survey/Right-of-Way:
    • Vacation Map Templates:
      Public Streets - pdf dwg
      Easements - pdf dwg
City of Henderson:
  1. Reviews map
Applicant:
  1. Upon request submits:
    • Document specific legal description of the area being vacated, in electronic format, for inclusion in the Order of Vacation;
    • Hard copy of all required legal descriptions with accompanying exhibits for inclusion in the deed documents, if applicable;
    • Copy(ies) of deed(s) showing the current ownership for each abutting property to the right-of-way to be vacated, if different from the original submittal, if applicable; and
    • Declaration of Value form, filled out and signed by the Grantee, if applicable.
  2. Meets Conditions of Approval
City of Henderson:
  1. Vacation map and legal description approved.
  2. Survey/Right-of-Way prepares Order of Vacation (and any applicable deeds) and routes for signatures.
  3. Request recording fees, including applicable Real Property Transfer taxes as listed on the form in the Declaration of Value packet.
Applicant:
  1. Submit recording fees and applicable transfer taxes
City of Henderson:
  1. The City records the documents with Clark County Recorder.  Returns conformed Mylar, copy of the recorded order, deeds, and the recording receipts to the applicant.