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MAR 27 1985 BOOK 60 pn.CE 349 that the Board of County Commissioners vacate a portion of the plat of Old Sugar Mill Estates Unit Two subdivision. The portion of the plat to be vacated consists of Lots 6, 7, and 8 of the subdivision, and that part of the 49th Avenue County right-of-way between these three lots. The applicants are requesting 'that this portion of the Old Sugar Mill Estates Unit Two plat be vacated so that it may be replatted as a portion of the proposed Unit Three plat. All of the land to be vacated by this request will be replatted by the forthcoming Unit Three plat. The proposed Unit Three final plat is designed to straighten the existing curve in the 49th Avenue right -of -'Way, while retaining the full 70 foot road right-of-way. By straightening the 49th Avenue right-of-way at this point, the existing and proposed subdivision units could have a better integrated street design. ALTERNATIVES AND ANALYSIS: According to Chapter 177.101 of the Florida Statutes, the Board of County Commissioners must ascertain three facts before it approves a plat vacation request. These facts are: 1) that the applicant(s) hold fee simple title to the land for which the request is being made, 2) that the vacation, if approved by the Board of County Commissioners, will not affect the ownership or right of convenient access of residents within the subdivision. 3) that all back taxes on the subject property have been paid. The applicants have submitted deeds to the Planning Depart- ment showing that they hold fee simple title to the land in question. No lots within the subdivision will have their means of access affected by a partial plat vacation. Also, documentation has been submitted by the Indian River County Tax Collector's office certifying that all back taxes on the property have been paid. Thus, all state requirements concerning plat vacation have been met. To ensure that there is no time lapse between the plat vacation and the forthcoming replat of the same land, the Board of County Commissioners may adopt a plat vacation resolution that does not go into effect until final approval of the replat. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt a resolution vacating a portion of the Old Sugar Mill Estates Unit Two subdivision plat consisting of Lots 6, 7, and 8 and the 49th Avenue County right-of-way between these lots, subject to final plat approval of Old Sugar Mill Estates Unit Three subdivision. Commissioner Bird, the Board unanimously adopted Resolution 85-38, providing for the vacation of that portion of Old Sugar Mill Estates Unit Two Subdivision designated as Lots 6, 7, and 8 and a portion of 49th Avenue right-of-way. 51