Title of Item:
ABANDONMENT OF A PORTION OF COCONUT AVENUE RIGHT-OF-WAY (RC):
ORDINANCE No. 2425-2020; A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO PROVIDE FOR THE ABANDONMENT OF CERTAIN PUBLIC RIGHT-OF-WAY WITHIN THE CITY BEING THAT CERTAIN 30-FOOT RIGHT-OF-WAY, AS SET FORTH ON THE PLAT OF ST. LUCIE ESTATES, SECTION 2, AS RECORDED IN PLAT BOOK 11, PAGE 22, PALM BEACH (NOW MARTIN) COUNTY, FLORIDA PUBLIC RECORDS RUNNING SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF SE 5TH STREET, AND ABUTTING THE WESTERN BOUNDARY OF LOTS 10, 11 AND 14, BLOCK 4 DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND DEPICTED IN EXHIBIT “B” ATTACHED HERETO; PROVIDING FOR PAYMENT OF A PRIVILEGE FEE: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; 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.
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 Sections 36-2 thru 36-3 of The City's Code of Ordinances which requires a privilege fee payable by the applicant into the city's property management fund within 90 days of approval.
Funding Source:
NA
Recommended Action:
Approve Ordinance No. 2425-2020, abandonment of certain Right-of-Way within the City's limits. | | |