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I BOOK 19 PATE 27,tj LOCATION, DESCRIPTION AND BACKGROUND: Carter and Associates, on behalf of Public Gas Company, has submitted a petition for abandonment of a portion of 4th Place right-of-way located between U.S. #1 and the FEC railroad. Recently the Board of County Commissioners abandoned a segment of 4th Place right-of-way on the west (other) side of the FEC rail- road. Per guidelines established by the Board of County Commis- sioners, 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 abandon- ment with two agencies recommending conditions. The City of Vero Beach Utilities Company has recommended approval with the pro- vision that the entire right-of-way be retained as an above ground electrical easement. The County Public Works department has recommended that a 20' wide drainage and utilities easement be retained (which is to be centered in the existing right-of-way) and that the east 50' of the subject right-of-way segment be retained (not abandoned). --- This item was originally scheduled for the October 3, 1989 Board --- of County Commissioners meeting. At that meeting the applicant requested postponing. consideration to allow time to work with staff on a possible "right-of-way swap". In the proposed "swap", -the applicant would have given the County the east 10' across their entire U.S. #1 frontage, and the Count would have g , y given (via abandonment) the applicant all of the 4th Place right-of-way y; except the east 10 feet ( adjacent to -U.S. #1). The applicant and Y staff had agreed in concept that this would be a desirable "swap", - but the County Attorneys Office subsequently determined that the swap was not legal. The applicant and staff could not work-out an alternate arrange- ment relating to the U.S. #1 and 4th Place right-of-way. The application is again ready for the Board's consideration. Staff's =.-.- analysis and recommendation as originally proposed at the October 1989 meeting are still applicable. ANALYSIS: Presently, the 4th Place right-of-way is paved but in poor condi- tion. The applicant wants to use the additional property, that would be gained via an abandonment, to expand his existing business, which is adjacent to the right-of-way. The abandoned right-of-way segment would be used for additional parking. This abandonment will also be beneficial to the other adjacent property owner to the south of this 4th Place segment. The City of Vero beach presently has power poles which are located within the right-of-way. The City has requested that an above ground easement be retained. This type of easement would allow the abandoned right-of-way to serve its existing utilities func- tion, while giving the petitioner the assurance that the abandoned right-of-way would be able to be used as a parking area. Within the 50' wide overhead utilities easement' a 20' wide drainage and utilities would be established, centered over the abandoned __right-of-way. Within this 20' easement, drainage and utilities -facilities could be installed. The east 50' of the subject � portion of right-of-way is adjacent to ---- U.S. #1 and is within the "ultimate" future U.S. #1 right-of-way. As such, it is part of the roadway system as noted on the County Thoroughfare Plan, and is needed for the thoroughfare system. The County needs to retain the east 50' of the subject right-of-way --for U.S. Highway #1. This will give the County 100' of 7