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TO: Bill Collins II Acting County Administrator DIVISION HEAD CONCURRENCE: er M. Keati g, AI Community Devel•pmen Director THROUGH: Stan Boling, AICP-4•/3. Chief, Current Development FROM: John W. McCo vtri Staff Planner, Current Development DATE: September 21, 1988 SUBJECT: ST CHRISTOPHER'S BEACH PROPERTY OWNERS ASSOCIATION'S REQUEST FOR RIGHT-OF-WAY ABANDONMENT It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 4, 1988. LOCATION AND DESCRIPTION: The St. Christopher Beach Property Owner's Association, Inc. has submitted a petition for abandonment of all of St. Christopher Lane east of A -1-A. Per guidelines established by the Board of County Commissioners, the petition was reviewed by all County divisions and utility providers having jurisdiction within the right-of-way. All reviewing agencies have recommended approval of the abandonment, with the provision that the entire right-of-way be retained as a drainage and utilities easement. This portion of St. Christopher Lane is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thorough- fare system. Presently this right-of-way provides access to 12 lots in St. Christopher's Beach subdivision. The residents of St. Christopher Beach subdivision have had the general public use their street for beach parking. The residents are requesting to make this road private and eliminate the use of their street -by the general public. The right-of-way will be abandoned to a property owners' associa- tion. The abandonment of this right-of-way will not limit the access of property owners to their homes, nor will it preclude beach access by residents of other subdivisions in the area, who have a legal right established by a common developer through recorded property owner's documents. The County Attorney's office has reviewed the articles of incorporation for St. Christopher's Beach Property Owner's Association, Inc., and has verified that these documents will provide for the necessary maintenance and upkeep of the right-of-way, once the right-of-way is abandoned and "taken over" by the association. Thus, the function of roadway will not change; only the maintenance, upkeep responsibilities and the property owner's rights to restrict public access will change.; RECOMMENDATION: Staff recommends that the County abandon its rights to St. Christppher's Lane and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolution (Attachment #3), with the condition: 1. that drainage and utilities easements be retained over all of the subject right-of-way. OCT 41988 16 EkOOK 74 ME 413