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JAN 5 198 BOOK 70 FACE.489 TO: Charles P. Balczun DATE: December 14, 1987 FILE: County Administrator DIVISION HEAD CONCURRENCE: Robert M. Keati , ICP SUBJECT: Community Devel pment Director Through: Roland M. DeBlois1 Staff Planner FROM:Charles W. Heath REFERENCES: SIMONS Code Enforcement Officer REMS ABANDONMENT AND VACATION OF EASEMENT REQUEST BY ROBERT D. SIMONS SUBJECT PROPERTY: LOTS 1 & 8 OAK LAND COMMERCIAL PARK SUB- DIVISION & PARCEL NUMBER: 27-33-39-00001-0030-00002.0 It is hereby requested that the data herein be given formal consideration by the Board of County Commissioners at their regular meeting of January 5, 1988. DESCRIPTION AND CONDITIONS: The County has been petitioned by Robert D. Simons, owner of the subject property, for the abandonment and vacation of a marginal access easement being the northerly thirty (30) feet of Lots 1 & 8, Oak Land Commercial Park Subdivision, being the northerly thirty (30) feet of Lot 1, and the northerly thirty (30) feet of Lot 8, Oak Land Commercial Park Subdivision, Section 27, Township 33, Range 39 East, Indian River County, Florida; according to the Plat thereof as recorded in Plat Book 12, Page 18, of the Public Records of Indian River County, Florida. In exchange for the abandonment the petitioner proposes to establish a ten (10) foot wide pedestrian easement in place of the marginal access easement. Also, on property adjacent to the subject easement to be released, the petitioner proposes to establish a limited access easement across the following: The South five (5) feet of the North thirty-five (35) feet of the West twenty (20) acres of Tract 3, Section 27, Township 33 South, Range 39 East, according to the last general plat of the lands of the Indian River Farms Company; as filed in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; now Indian River County, Florida; Subject to a sixty (60) foot wide road access across the aforedescribed parcel. The basis of this request is to abandon an easement in order for the petitioner to proceed with a recently approved site plan, which proposes a portion of a building within the existing margi- nal access easement. It is the opinion of staff and the Planning and Zoning Commission (during its consideration of the applicant's site plan) that there is no need for the existing thirty (30) foot marginal access if the petitioner: a. establishes a ten (1.0) foot pedestrian easement in place of the marginal access easement; and b. establishes, on adjacent property which the petitioner owns, a limited access easement to ensure adequate access control. These items have been satisfied by the applicant: the establishment of the pedestrian access easement and the limited access (adjacent property) will become effective upon the abandonment of the 30' marginal access easement that the applicant is now requesting. ALTERNATIVES AND ANALYSIS: The request has been reviewed by the Indian River County Right -of -Way Division, and the Planning and Development Division. Based upon their reviews, staff recommends that the forementioned easements be released in exchange for a ten (10) foot public pedestrian access easement across the northerly ten (10) feet of Lots 1 & 8, Oak Land Commercial Park Subdivision, and a five (5) 20