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NOV 71979 400K <br />2) Resolution Concerning -Closing Action <br />42. PAa 36 <br />a) At the public hearing, the secretary shall present to the <br />Chairman of the Board the prepared Resolution, plus proof <br />of publication, etc. <br />b) The Board of County Commissioners will call for persons to be <br />heard for or against the vacating of the public dedicated <br />rights=of-way or easements. It is not necessary for the <br />petitioner to be present at the hearing, however, they may <br />appear in favor of the closing or vacation if so desired. <br />Results of the abutting or affected property owners survey <br />will be reported at the public hearing for the Board's con- <br />sideration. <br />c) Following the public hearing, the Resolution is either adopted <br />or rejected by the Board of County Commissioners. <br />d) Upon final action by the Board of County Commissioners, the <br />Secretary to the Board shall forward the resolution and where <br />appropriate deed releases and the proofs of publications, etc. <br />to the Clerk of the Circuit Court (Recording Department) for <br />incorporation in the official Record Books. Recording fees will <br />be charged back to the General or Municipal Service Fund through <br />the Finance Department. <br />e) Upon final action on the Resolution, the Planning and Zoning <br />Department shall notify the petitioner of the Board's decision. <br />NOTE: From the date petition is received, the process for <br />closing or vacating a public dedicated right-of-way or easement <br />is approximately six to eight weeks. <br />D. Clerk of the Circuit Court (Recording Department) <br />1) Upon receipt of the final Resolution from the Secretary to the <br />Board of County Commissioners, incorporate the closing action and <br />appropriate documentation in record books. <br />2) After recording action, return copies of documents to the County <br />Administrator's office for filing purposes. <br />V. Procedural and Legal Requirements for the Various Actions <br />A. Platted Roads or Alleys (in a recorded subdivision <br />Legal Authority - Chapter 177, Florida Statutes. <br />- Two publications in a newspaper of general circulation (about 14 and <br />days before the public hearing). <br />- Public Hearing Requirements - One <br />- Legal instrument(s) - Resolution (1) <br />Sequence: 1. Completed petition and application. <br />2. Staff and agency review. <br />3. Publication of public hearing notice (1st week). <br />4. Publication of public hearing, notice (2nd week). <br />5. County Commission review and action. <br />6. Recording. <br />B. Platted Easements - (in a recorded subdivision) <br />- Legal authority - check <br />- Publications - none <br />- Public hearings - none <br />- Legal instrument(s) - Resolution and Deed Release <br />-4- <br />