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The plat dedicating the road was recorded in Indian River County on April 21, 1953, originally with a public utility and easement. There is also a 10' beach access, for the sole use of the property owners of St. Christopher Beach, St. Christopher Harbor and Seminole Shores Subdivision. There isn't any mention of this beach access being public on the plat. Back in 1974, St. Christopher Harbor and Seminole Shores were re -platted and made private still allowing these property owners to use the beach access in St. Christopher Beach Subdivision. In staff's research, we cannot find any information or replat for St. Christopher Beach Subdivision being made private. The County has been grading this road since 1953 according to Albert VanAuken, Road & Bridge Superintendent. There are at the present time 66.7% of the property owners in favor of having this road made private. A letter was received from one property owner who is against it (see attached petition and letter). ALTERNATIVES AND ANALYSIS ti The Public Works Department staff has no objection to designation of the road= as a "Private Road" and the County discontinue maintenance. If the road remains public, it should be paved so that the County grader does not have to travel across the 17th Street Bridge and A -1-A. This would be the only unpaved public road in this area once one other road is paved. The County Attorney's office has rendered the attached legal opinion that an abandonment of the right-of-way should be approved by the County and a Homeowners Association be established to provide for future maintenance. RECOMMENDATION AND FUNDING It is recommended that the property owners of St. Christopher Lane be encouraged to submit an abandonment petition to the County requesting this road be made "Private" and that the Homeowners show evidence that a proper Homeowners Association has been established for maintenance of the road. Also, if the road is made "Private", a public utility and access easement should be retained. Administrator Balczun advised that in its research the Planning Department found in their records some provision for a dune crossing, which appears to be an access at the end of the St. Christopher Lane right-of-way; however, that should not affect the Board's decision today. Commissioner Bowman had a problem if we are giving them the right-of-way, and felt that this agreement should be given careful scrutiny by the County Attorney beforehand. L 5 1988 54 Ku( 71. PACE 484