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Boor 71 r,, GL532 LOCATION AND DESCRIPTION: Thomas Aldrich has submitted a petition for abandonment of 31st Avenue S.W. north of 6th Street S.W., and adjacent to the Wood Hollow Subdivision Phase II. 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 ap- proval of the abandonment, with the provision that the entire right-of-way be retained as a drainage and utilities easement. This portion of right-of-way is not part of the roadway system as noted on the County Thoroughfare Plan, and is not needed for the thoroughfare system. Presently the right-of-way is unpaved, unimproved, and vegetated. The right-of-way, provides legal access to lots 7, 8, 9, 10 of the Emerson Villas Subdivision and secondary access to an adjacent 1 acre tract, all owned by the applicant. The one acre tract has frontage on 5th Street S.W. (an arterial roadway), as well. The applicant will need to file a unity of title for all properties involved. The two reasons a unity of title is required is, first to prevent the applicant from selling off lots 8, 9 and 10 after the abandonment since these lots will not have any road right-of-way frontage and would be unbuildable under different ownership. Secondly, a unity of title is needed to legally unify the properties as one parcel, which will have frontage on 6th Street S.W. and 5th Street S.W. As an undivided "estate" parcel, access and frontage requirements would be satisfied. The subject segment of 31st Avenue is not needed to access adja- cent properties that may develop in the future. The adjacent areas are either already developed or would be accessed via extensions of other area streets. The applicant wants the right-of-way abandonment in order to secure and maintain the property. The applicant has indicated that people use the* right-of-way to dump garbage and to conduct other nefarious activities. The County's public works department has no objection to the abandonment, with the reservation of a drainage and utilities easement. Public works has stated that such an easement could not be fenced off, if the location of the fence were to obstruct access for county maintenance crews. Any proposal to locate fencing within the easement would need to be reviewed And approved by the Public Works department among other departments under separate consideration. With the stated easement reservation condition, all right-of-way abandonment criteria and policies for approval have been met. RECOMMENDATION: Staff recommends that the County abandon its rights to the subject portions of 31st Avenue S.W. and that the Chairman of the Board of County Commissioners be authorized to execute the attached resolu- tion (Attachment #3), with the following conditions: 1. that a unity of title be executed for thees�o� property o -.ned by the applicant; and 7%�,�•� 2. that a drainage and utility easement be retained over the entire area abandoned. 10