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ALTERNATIVES & ANALYSIS <br />As previously mentioned, the right-of-way is occupied by <br />utility lines; therefore, complete abandonment of County rights <br />is not feasible. Due to the type and location of the lines <br />within the right-of-way (see Attachment #3), it would be <br />practical for the County to abandon its right to the road while <br />reserving a drainage and utility easement within the same 50'. <br />This action would allow the owners to utilize the subject area <br />for setback purposes. <br />RECOMMENDATION <br />Staff recommends.the County abandon its road rights to that <br />portion of 17th Street lying between 43rd and 44th Avenues <br />with the following conditions: <br />1) The document reserving the drainage and utility easement <br />within the same 50' area be executed and recorded. <br />2) A declaration of restriction shall be placed upon the <br />property stipulating that access shall not be established <br />onto 43rd Avenue with the exception of the existing single- <br />family residence facing 43rd Ave. <br />Staff Planner, Mary Jane Goetzfried, explained that in <br />January, 1983 Mr. Pegg, acting on behalf of four tenants in <br />common of an 8 -acre parcel of property, submitted a <br />right-of-way abandonment application. This particular piece <br />of property is actually an extension of 17th Street which <br />lies between 43rd and 44th Avenues, and it is that portion <br />of the right-of-way that they are asking to be abandoned. <br />Through the normal course of events, the application <br />was reviewed by all proper parties. However, a number of <br />the reviewing agencies had a problem with the fact that this <br />was going to be abandoned and disapproved the request. The <br />staff then sent it back to them stating that it was a <br />road right-of-way as opposed to an easement and if some <br />easement rights were retained that they would be able to <br />retain their rights to that piece of property as far as <br />keeping their utility lines within the area. <br />Mrs. Goetzfried stated there is a single family <br />resident located on this particular piece of property which <br />does not appear to be inhabited and there is an access to <br />43rd Avenue via a driveway. <br />27 <br />BOOK 53 rAGE;119% <br />