The applicant, Richard Baron, owner of real property at 181 SE Monterey Avenue, has requested the abandonment of a 50-foot unutilized portion of Osceola Street public Right-of-Way. The 50-foot right of way is located north of 181 SE Monterey Avenue, east of Monterey Road and between PCN# 02-38-41-001-003-00150-1 and 03-38-41-006-006-00010-7.
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 $26,000.
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 $26,000, 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. At its meeting of March 9th 2020, the City commission voted to pass Resolution 16-2020 declaring its intention to abandon the subject ROW. During the initial meeting, it was determined that Snug Harbor wrote a letter to the City declining the offer to receive 1/2 of the property. It was later stated by a Snug Harbor resident that the vote was related to the payment of the privilege fee and if there was no privilege fee the outcome might be different. As a result, the Commission asked Snug Harbor to determine if it would accept the property if there was no privilege fee.