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While the recommended easement will preclude the location of buildings within the abandoned right-of-way area, the applicant will get greater use of her lot, since the easement may be used to satisfy setback and open space requirements. In addition, other minor structures such as fences and driveways may be allowed within the retained easement through a covenant for removal. Thus the abandonment will increase the building envelope for Lot 6. In addition, if the abandonment is approved, Lot 6 will have adequate frontage and access from the new southern terminus of Doubloon Drive. Subject to a condition that a utility easement be retained over the entire subject segment of right-of-way, all county divisions recommend approval of the abandonment By operation of law, the subject right-of-way, if abandoned, will be divided evenly between Lot 5 and Lot 6. If the abandonment is approved, Lot 5 will still have adequate frontage and access via the un -abandoned portion of Doubloon Drive and E Sand Dollar Lane. The applicant has an agreement with the owner of Lot 5 to quit claim the Lot 5 interest m the abandonment area to the owner of Lot 6 and a quit claim deed consistent with the agreement is being held in escrow. Once the abandonment is complete, the deed will be recorded. Thus, the entire subject segment of right-of-way will be attached to Lot 6 once the abandonment is approved and the quit claim deed is recorded. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the county's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. 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: 1. That a utility easement be retained over the entire segment of right-of-way. ATTACHMENTS: 1. Application 2. Location Map 3. Abandonment Resolution Indian River Co, Ap • •ved Date APPROVED FOR: 4 AGENDA ITEM: if 14 i ao BY: scabAph 1 A. (746cw, Indian River Co, Ap • •ved Date Admin. is CI -Pi it Legal I - 7 -1 / Budget 1 / 7 Dept. i/fg alto `% Risk Mgr. - F:\Community Development\CurDev\BCC\2014 BCC\Fuller(DoubloonDr)ROWAstaffreport.doc 2 32