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MEMO co cam , <br />do Q e <br />TO: Jack Jennings, County Administrator ��''► �` <br />c <br />FROM: avid Marsh, Senior Planner <br />SUBJECT: Request for Abandonment of Right -of -Way <br />This request for abandonment deals with an unimproved portion of right- <br />of-way located directly to the southwest of the 26d Street and 14th Avenue <br />intersection, Block H, Unit 4, Indian River Heights. " Agencies which were <br />requested to review this.petition included: <br />Southern Bell Telephone '= <br />Florida Power & Light <br />4 <br />Indian River County Utilities Department <br />Indian River County R.O.W. Department t <br />Written responses from the Telephone Company or the County R.O.W. Department <br />were not received. A follow-up indicated that neither objected to the abandon- <br />ment, subject to the easement mentioned below. <br />Based on the responses received and staff analysis, it is recommended that <br />the R.O.W. in question be abandoned. At the same time, the 20' easement <br />which runs between Lots 1 and 9, Block H, should be retained and extended <br />to the 2nd Street R.O.W. due to an existing utilit%� line and -possible addi- <br />tional drainage or utility provisions in the future. It is the staff's <br />opinion that the 70'R.O.W.'s on 2nd Street and 14th Avenue should be adequate <br />for future needs, thus allowing for the abandonment of the Traffic Island as <br />well. <br />The transition of ownership of the slivers of property to Lots 1 and 8 could <br />be undertaken without the need for appraisals or restitution. The substantial <br />gain which.would be realized by the owner of Lot 9, however, should warrant <br />a fair -market appraisal, and appropriate compensation to the County. <br />DISCUSSION FOLLOWED IN REGARD TO SELLING AN ABANDONMENT, <br />AND ATTORNEY COLLINS POINTED OUT THAT WHEN WE ABANDON, WE GIVE UP <br />OUR RIGHTS, AND WHEN THERE ARE ABUTTING LAND OWNERS, EACH GETS HALF, <br />BUT UNDER THIS PARTICULAR SET OF CIRCUMSTANCES, IT IS UNCLEAR WHAT <br />HAPPENS TO THE INTEREST THAT IS ABANDONED. <br />MOTION WAS MADE BY COMMISSIONER LYONS TO SET A PUBLIC <br />HEARING IN REGARD TO ABANDONMENT OF THE RIGHT-OF-WAY AS ABOVE. <br />MOTION DIED FOR LACK OF A SECOND. <br />MR. MARSH ASKED IF THE COUNTY WISHED TO GET INTO APPRAISAL. <br />ATTORNEY COLLINS FELT THE COUNTY CAN REQUIRE A PAYMENT, <br />BUT <br />THE COUNTY <br />IS REALLY NOT SELLING THAT ROAD; <br />THEY DONT <br />OWN IT, <br />DEC <br />191979 <br />80 <br />BOOK 42 <br />mcE385 <br />