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DEC 18 1985 aoolc M FAct 56 <br />TO: The Honorable Members DATE: December 9, 1985 FILE: <br />of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: <br />SUBJECT: RIGHT-OF-WAY ABANDONMENT <br />Rer PETITION SUBMITTED BY <br />Planning & Deveop t <br />Director N & B REALTY, INC. <br />THROUGH: Mike Miller, Chief MKS <br />Current Development Director <br />FROM: Karen Craver 4����REFERENCES: <br />Staff Planner <br />It is requested that the data herein presented be given formal con- <br />sideration by the Board of County Commissioners at their regular meeting <br />of December 18, 1985. <br />DESCRIPTIONS AND CONDITIONS: <br />Carmen Nicotra, President of N & B Realty has submitted a right-of-way <br />abandonment petition to the Planning and Development Division. Mr. <br />Nicotra is requesting that the County abandon whatever rights it may have <br />to the portion of 7th Avenue lying between 15th Street and 15th Place. <br />In accordance with the administrative guidelines approved by the Board of <br />County Commissioners for the processing of right-of-way abandonment <br />applications, the request was reviewed by all County divisions and <br />utility providers having jurisdiction within the right-of-way. The <br />petition was reviewed and approved by all parties contacted. <br />ZkU?1T.VQTC <br />The 70 foot wide 7th Avenue right-of-way is depicted on Mr. Nicotra's <br />survey of his property and on County tax maps; however, it does not <br />appear that the County ever acquired the right-of-way by deed, nor does <br />the County maintain the right-of-way. Therefore, Mr. Nicotra is <br />requesting that the County abandon whatever rights it may have to the 70 <br />foot wide right-of-way in order that he may obtain clear title to his <br />property. Although County staff has not determined that the County has <br />claim to the right-of-way, any interest it may have would be a cloud on <br />Mr. Nicotra's title. <br />RECOMMENDATION <br />Staff recommends that the County abandon any rights it may have in that <br />portion of 7th Avenue lying between 15th Street and 15th Place. <br />Miss Craver emphasized that the County's abandonment <br />actually is mainly a formality since there is no record in <br />abstracts or investigation which reveal that this right-of-way <br />was ever dedicated to the county. <br />The Chairman asked if anyone present wished to be heard. <br />Attorney Michael O'Haire, representing the applicant, <br />confirmed that this action is requested just to clear a cloud on <br />the title. <br />56 <br />