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of right-of-way which measures approximately 6' x 560' and is located along the <br />southeast side of a curved segment of Via Marbella Boulevard right-of-way. Because the <br />subject right-of-way segment is wider than required or necessary, it is a candidate for <br />narrowing through the requested partial abandonment. <br />The reason for the proposed request is to enable the developer of the Sunset Cove <br />Planned Development (PD) to meet its 25' PD perimeter setback requirement with a <br />proposed design The Sunset Cove PD was approved by the Board on May 15, 2001 and <br />provides for the constriction of 11 residential units. The approved Sunset Cove PD meets <br />the 25' perimeter setback without the requested abandonment; however, the applicant is <br />seeking the abandonment to provide greater flexibility and buildable area for two of the <br />PD lots. <br />ANALYSIS: <br />The subject segment of Via Marbella Boulevard was created as a private local road by the <br />River Club plat, which was approved in March of 1988. Through the county's right-of- <br />way abandonment process, staff has coordinated with utility providers (who have rights <br />within the platted right-of-way area) and has reviewed the request to ensure that <br />applicable county development standards are satisfied. The subject right-of-way was <br />platted at 72' wide, which is wider than the required 60' local road right-of-way width. <br />The proposed abandonment of the 6' wide strip would reduce the right-of-way width to <br />66' which still exceeds the 60' local road minimum. Therefore, approving the request <br />will not reduce the Via Marbella Boulevard right-of-way width below the minimum <br />required width of 60'. <br />Currently, there are improvements located within the subject 6' wide strip of right-of- <br />way. These improvements include a portion of an 8' wide private cart path/pedestrian <br />path along with underground utilities including telephone hnes. To ensure continued use <br />of the utility improvements and the county's ability (without obligation) to perform <br />drainage maintenance within the right-of-way, staff is recommending that, as a condition <br />of abandonment, the entire 6' wide strip be retained as a drainage and utility easement. <br />Because the pedestrian improvements will remain private, under the control of the Grand <br />Harbor Property Owners Association, no public pedestrian easement is needed or <br />proposed. The proposed resolution expressly reserves the area as a drainage and utility <br />easement to ensure legal rights for necessary infrastructure improvements. <br />Per guidelines established by the Board of County Commissioners, this petition was <br />reviewed by all county divisions and utility providers having jurisdiction or potential <br />interests within the right-of-way. All reviewing agencies and departments have <br />recommended approval of the requested abandonment, with the condition that the entire <br />6' wide right-of-way area be reserved as a public drainage and utility easement. The <br />subject right-of-way is not part of the roadway system as noted on the County <br />Thoroughfare Plan, and is not needed for the thoroughfare system. Furthermore, the <br />abandonment would not affect the nght of convenient access to surrounding properties. <br />Also, the County Attorney's Office has reviewed and approved the attached abandonment <br />resolution for legal foam and sufficiency. <br />RECOMMENDATION: <br />Based on the analysis, staff recommends that the Board of County Commissioners <br />abandon its rights to the subject 6' wide strip of right-of-way and authorize the chairman <br />to execute the attached abandonment resolution, with the following condition: <br />That the entire 6' wide strip of subject right-of-way be retained as a drainage and <br />utility easement. <br />FEBRUARY 19, 2002 <br />