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DESCRIPTION AND CONDITIONS: Mark Plate' has submitted a petition to abandon the segment of 21s` Street that lies east of 79th Avenue The right-of-way is a "paper street" and is located between Lot 1, Block 1 and Lot 8, Block 3 of Westgate Colony subdivision The subject right-of-way is rectangular in shape, measuring 70' x 128' and is not used for access. The applicant is requesting that this segment of right-of-way be abandoned to enlarge the buildable area of the adjacent lots, which are located on either side of the 215t Street right-of-way. If abandoned, the right-of-way area will be added to the adjacent residentially zoned property north and south of the right-of-way centerline. The Board is now to consider the abandonment request. ANALYSIS: The subject 213t Street right-of-way segment was created via the Westgate Colony Plat which was recorded in 1957. However, since the plat was recorded, the right-of-way has never been developed as a street. To the east of the subject right-of-way, the Pine Creek Condominium project was developed without access from or use of the right-of-way. The existing Pine Creek Condominium development neither accommodates nor needs an extension of the subject right-of-way. Thus, the subject segment of right-of-way will not extend any further east. Also, the subject right-of-way is not needed for access to any adjacent lots, because the lots located on either side of it are accessed from 79th Avenue. Because the subject right-of-way is not needed for any future extension of 21" Street and because it is not needed for access to existing lots, staff has no objection to abandonment. Although the county does not desire to use the right-of-way for road building purposes, the right-of- way is being used for drainage and utility purposes. Therefore, the County Engineering Division and other utility providers are recommending that the entire right-of-way be reserved as a drainage and utility easement. For that reason, the proposed Resolution of Abandonment abandons the subject right-of-way, but expressly reserves a drlinage and utility easement over the entire right-of- way area. This essentially will "convert" the right-of-way to a drainage and utility easement, but still expand the buildable area of the adjacent lots. Per guidelines established by the Board of County Commissioners, this petition was reviewed by all county divisions and utility providers having jurisdiction or potential interests within the right-of- way. All reviewing agencies and departments have recommended approval of the requested abandonment with the condition that the entire right-of-way be retained as a drainage and utility easement. The subject 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. Furthermore, the abandonment would not affect the right of convenient access to surrounding properties. Also, the County Attorney's Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject right-of-way and authorize the chairman to execute the attached abandonment resolution, with the following condition: MAY 7, 2002 That the entire right-of-way be reserved as a drainage and utility easement. { n� lr ✓A1 n n -64-