City of Frisco Engineering Standards

Engineering Standards
D. Abandonment of Right of Way and Easements - Right of way and easements that have not been
abandoned by plat may be abandoned by separate instrument. Signatures are required from all
the public utility companies, including franchise utilities and the adjacent affected property
owners indicating either agreement or disagreement to the proposed abandonment. Right of way
and easements proposed to be abandoned that do not contain improvements may be processed
administratively. If improvements are present, the abandonment request will be forwarded to
City Council for approval. Abandonments opposed by the affected property owners will also be
forwarded to City Council for approval. Right of way and easements granted to entities other
than the City shall be abandoned by that entity.
E. The following describes the process for abandoning right of way or easements:
• All property owners abutting the proposed abandonment shall be notified by the applicant by
certified letter. A written response from each abutting property owner must be received by
the city prior to staff review.
• All public utilities including franchise utilities must consent to the abandonment.
• The applicant shall provide a description as to how the city originally acquired the right of
way or easement (i.e., by plat, by separate instrument, etc.).
• For right of way, the applicant shall provide a certified appraisal stating the value. In
addition, the applicant shall provide an explanation that identifies why the proposed use of
the right of way will benefit the community under private ownership, versus retention of the
property as public right of way.
• For easements, the applicant shall describe why the easement is no longer needed.
F. The right of way/easement abandonment application shall be submitted along with the supporting
documentation to the Engineering Services Department for coordination and processing. The
application form is available from the Engineering Department or the City’s website.
G. Easement Use Agreements - The city may allow permitting of certain improvements within
easements with the execution of an Easement Use Agreement, which is in addition to a building
permit. The agreement states that the City is not responsible for the maintenance or
reconstruction of any improvements located in the easement or right of way and that the owner
must remove the improvement at the request of the City. Forms and instructions are available
from Development Services, or on the City’s website.
H. The Easement Use Agreement is processed by Development Services with concurrence and
review by Engineering Services. The following items will require an Easement Use Agreement:
• Driveways/flatwork
• Brick, stone fences
• Retaining walls (less than 3 feet that support a structure, or greater than 3 feet)
• Private storm systems/area drains
• Swimming pools decks
• Wood decks, gazebos and patios (covered/uncovered)
• Buildings and other permanent improvements
Items listed below may be allowed without the execution of an Easement Use Agreement and
with approval from the Director of Engineering Services:
• Paving or flatwork
Section 1 – General Requirements May 2012 Page 1-9