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DESCRIPTION AND CONDITIONS In December of 1984, Janet Waleski submitted a right-of-way abandonment petition to the Planning and Development Division. The applicant is requesting that the County abandon its rights to that portion of 6th Street, lying west of 26th Avenue, within Hallmark Homes Subdivision. The applicant is the owner of lot 17, which lies immediately north of the subject right- of-way. As per the procedures approved by the County Commission, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. The response of all reviewing agencies was positive. Public Works Division approval was given with the condition that the southern 10 feet and the western 12 feet be retained as drainage and utility easements. Said easements have been incorporated into the attached resolution (attachment #3). AMAT.v_(Zrc The 35 foot wide right-of-way was dedicated to the County on a plat recorded in 1965 and has not been utilized to this date. Stub -outs, such as this portion of 6th Street, are created to provide for future connection with adjacent land parcels. However, in March of 1980, Laurelwood - Unit 3 was platted for development ori the adjacent parcel and designed in such a way as to eliminate the need for the 6th Street stub -out (see attachment #2). Customarily, when the County abandons right-of-way, the proper- ty is divided between the two adjacent property owners; how- ever, in this case the entire parcel will become part of the applicant's lot. This is due to the fact that the lot on the south side of the subject right-of-way is part of Laurelwood - Unit 3, and it is Public Works Division policy not to allocate the abandoned right-of-way to two different subdivisions. RECOMMENDATION: Staff recommends that the County abandon its rights to that portion of 6th Street lying west of 26th Avenue in Hallmark Homes Subdivision and execute and record the attached resolu- tion. Planner Karen Craver presented staff's recommendation that the County abandon its rights to that portion of 6th Street lying west of 26th Avenue in Hallmark Homes Subdivision. Commissioner Bird realized that we release these easements fairly frequently, but he didn't know if we are entitled to be compensated for these easements. Attorney Brandenburg explained that the abandoned road is not necessarily split in half. It reverts back as if it had only been an easement to begin with. In other words, if they had not dedicated the road, but had just given a road easement, and the entire road was part of the property next to it, then when you 38 FEB 6 1985 BOOK ` 9Pr,r 787