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Paul & Carol Zedek. The Allens and Zedeks each own the eastern <br />most lots (Lots 8 & 9) in Hickory Sands Subdivision. The ROW in <br />question was platted as a part of Hickory Sands Subdivision and is <br />a half -street ROW that is 35 feet wide and runs the length of both <br />lots for a distance of 152 feet. The half -street ROW was <br />dedicated in anticipation that the future road alignment for 10th <br />Avenue would abut Lots 8 & 9. The petitioners are requesting that <br />the County abandon these two. parcels of. ROW since the subsequent <br />pattern of platting has rendered the two parcels of right-of-way <br />as non-functional. The petitioners would continue to maintain and <br />fill the two parcels to eliminate water stagnation and insect <br />breeding if the ROW is aba-ndoned. <br />The petition was reviewed by all County divisions and utility <br />providers having jurisdiction within the right-of-way, as per <br />guidelines established by the Board of County Commissioners for <br />processing right-of-way abandonment applications. All reviewing <br />agencies,, which included the Public Works Division, the Utilities <br />Division, Florida Power and Light and Southern Bell, recommended <br />approval of the petition for abandonment. However, the County <br />Public Works and Utilities Departments as well as several other <br />utilities providers have requested that these portions of right- <br />of-way proposed for abandonment be granted to the County as a <br />drainage and utilities easement. The petitioners are in agreement <br />with the request. <br />ANALYSIS <br />These 35 foot wide unimproved parcels of right-of-way are not part <br />of the roadway system noted on the County Thoroughfare Plan, and <br />their need as such is not anticipated. As was previously men- <br />tionedithese parcels were originally dedicated for 10th Avenue <br />right-of-way. However, when the Pinecrest Subdivision Units 1 & 2 <br />were platted to the west, 10th Avenue was developed 145 feet north <br />of these parcels, and Pinecrest Subdivision Unit 3 was platted <br />south of the Hickory Sands Subdivision, thus causing lots to be <br />platted around the two parcels in question and rendering them to <br />be land locked and totally useless without any connection to any <br />other street. <br />In a usual abandonment case, the right-of-way would be split <br />equally with 50% of the ROW going to each property abutting it. <br />However, in this case, because the right-of-way was dedicated <br />entirely from the Hickory Sands Plat, and the lots other than the <br />petitioners' lots were created by other subdivision activity, the <br />entire right-of-way should be deeded to the petitioners. Each <br />petitioner would receive that parcel which abuts his respective <br />property. <br />RECOMMENDATION: <br />Staff recommends that the County abandon its rights to the two 35 <br />foot wide portions of right-of-way, with the exception of the <br />requested drainage and utilities easement, and authorize the <br />Chairman of the Board of County Commissioners to execute the <br />attached resolution (Attachment #3). <br />The Chairman asked if anyone present wished to be heard. <br />There were none. <br />ON MOTION by Commissioner Bowman, SECONDED by Com- <br />missioner Lyons, the Board unanimously closed the <br />public hearing. <br />_ - 40 <br />OCT 2 8 1986 Boor 240 <br />