Title of Item:
INTENTION TO ABANDON A PORTION OF COCONUT AVENUE RIGHT-OF-WAY (RC):
RESOLUTION No. 04-2020; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA DECLARING PURSUANT TO CHAPTER 36 OF THE CODE OF ORDINANCES OF THE CITY OF STUART, FLORIDA THE INTENTION OF THE CITY COMMISSION TO ABANDON AND TO SET PUBLIC HEARINGS ON JANUARY 27, 2020, AND FEBRUARY 10, 2020, AT 5:30 P.M. IN THE CITY COMMISSION CHAMBERS TO CONSIDER THE ABANDONMENT OF CERTAIN PUBLIC RIGHT-OF-WAY WITHIN THE CITY, BEING THT PORTION OF S.E. COCONUT AVENUE, MORE CLEARLY DESCRIBED IN EXHIBIT “A” ATTACHED; AND FOR OTHER PURPOSES.
Summary Explanation/Background Information on Agenda Request:
The applicant, owner of real property at 1024 E 5th Street, has requested the abandonment of the easternmost 30 feet of unutilized Coconut Avenue public Right-of-Way. The 60' right of way is located south of 5th street between SE Palm Beach Road and SE Hibiscus Avenue. The westernmost 30 feet of Right-Of-Way (the other half) was previously abandoned to the western abutting property owners via Ordinance No. 1754-00. See Resolution No. 04-2020, Exhibit A
The City's Public Works Department has determined that the use of the Right of Way is no longer in the public's best interest and does not object to the abandonment of the City's interest. A fair market appraisal of the real property has determined that the market value of the property is $9,000. As provided in Section 36-2 of the City's Code of Ordinances, staff recommends payment of a privilege fee in the amount of 100% of the market value, or $9,000, prior to the abandonment of the City's interest.
The procedure for abandonment of City owned Right-Of-Way is set out in Section 36-3 of The City's Code of Ordinances which requires the city commission to first pass a resolution declaring intent to abandon right-of-way.
The vacation or change of any street, alley, road or public way shall be accomplished by Ordinance. The city commission, in vacating any street or part of a street or changing the name of any street, may include in one ordinance the changes of name or vacation or narrowing of more than one street, avenue or alley, but before vacating any street or part thereof, or narrowing any street, avenue or alley, the city commission shall first pass a resolution declaring its intention to do so.
Funding Source:
NA
Recommended Action:
Move to approve Resolution No.04-2020, declaration of intent to abandon certain Right-of-Way within the City's limits. | | |