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Roswell agrees to sell 454 sq ft of right-of-way to resolve homeowner encroachment
Summary
The committee unanimously authorized sale of about 454 square feet of city right-of-way to resolve a decorative retaining-wall encroachment; staff recommended a site-specific sale at $8 per square foot totaling $3,632 and said the city would be indemnified from future liability.
The Roswell committee on Jan. 28 approved the sale of roughly 454 square feet of city-owned right-of-way to resolve a homeowner's decorative retaining-wall encroachment.
City transportation staffer Mr. Littlefield told the committee inspectors found a portion of a decorative retaining wall for a single-family home on Thomas Circle extending "literally 6 inches and some places 9 inches over the right of way line." He said removing the wall would cost about $4,500 and that staff recommended a site-specific solution rather than a broader policy change. "The cost in that area per acre, it's about 12 per foot, is about $7.30 to $8.50. So we just went with kind of a mid ground, $8 a square foot," Littlefield said. At that rate the sale would yield $3,632 for 454 square feet, he said.
Chief legal officer David Davidson confirmed the city would be indemnified if the right-of-way sale is approved: "Yes. It would not be in the right away, so it would not be our problem," Davidson said when asked about future liability. Council Member David Johnson moved approval and Council Member William Northland seconded; the motion passed unanimously.
Staff said the developer agreed to post a bond so the contractor could obtain a certificate of occupancy if council delayed approval. The committee described the choice as discretionary and specific to this site; staff emphasized the wall is decorative, not structurally required, and that the recommendation does not establish a general policy for handling similar encroachments in the future.
No sale documents or ordinance numbers were provided during the committee meeting; staff said follow-up paperwork will be presented to council according to normal administrative procedures.
