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AUG 17 199 BOOK 90 FAGS H. Prior Abandonment of 80th Avenue Between 129th Street and 129th Court The Board reviewed the following memo dated 8/4/93: TO: The Board of County Commissioners FROM: V,< j William G. Collins II - Deputy County Attorney DATE: August 4, 1993 SUBJECT: Prior Abandonment of 80th Avenue Between 129th Street and 129th Court On October 24, 1989 the Board of County Commissioners by Resolution No. 89-136 abandoned right-of-way for 80th Avenue between 129th Court and 129th Street, retaining the entire property as a. , drainage and utility easement. The staff recommendation of abandonment as approved by the Board included a condition as follows: "2. Prior to this resolution being executed, that Unity of Title forms be executed and recorded for Lots 1, 2, 3, 8, 9, 10 and Lots 4, 5, 6, and 7 by the respective owners." This recommendation, according to the staff report, was to ensure frontage on other existing roads for these parcels after the 80th Avenue abandonment. To date, this condition has not been satisfied and the approved abandonment resolution has not been recorded. Therefore, the abandonment is not yet in effect. Since the abandonment in 1989, the Roseland Volunteer Fire Department has built a structure on Lots 1, 2, 3, 8, 9, and 10 which would preclude them from selling off a landlocked parcel. The Roseland Volunteer Fire Department has frontage on and access to 129th Court, which is not proposed for abandonment. The current owners of Lots 4, 5, 6, . and 7 have come in with a proposal to reconfigure those four platted lots into three new lots each of which would have frontage on 129th Street, resolving any concerns with landlocking Lot 7. Thus, staff has no objections to the lot reconfiguration proposal. However, the current abandonment condition is not flexible enough to allow the proposed reconfiguration. Therefore, the condition should be modified to allow lot reconfigurations that provide for frontage on rights-of-way other than 80th Avenue. RECOMMENDATION: Given that each of the lots to which access was a concern in the original resolution have either been developed or will be reconfigured in a manner to provide access to existing rights-of-way, the staff recommends that: 1) Condition No. 2 of the right-of-way abandonment as set forth above be modified to require a unity of title only on Lots 6 and 7, Block 28, Townsite of Roseland, which unity of title would be released by the Community Development Department upon approval. of lot configuration; and 2) Staff be authorized to record the previously approved abandonment resolution in the Public Records of Indian River County, Florida. 14