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TO: The Honorable Members of DATE: February 19, 1987 the Board of County Commissioners DIVISION HEADCONCURRENCE: FILE: Robert M. , Keatin , AI9 SUBJECT: PLAT VACATION REQUEST` FOR Planning & Development Director A PORTION OF DIXIE GARDENS, UNIT THREE FROM: Stan Boling 4.6- dixie gardens Chief, Current Develop BUERENCES: STAN It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of March 3, 1987. DESCRIPTION AND CONDITIONS: Attorney Bennett L. Rabin, on behalf of Timber Ridge, Inc., is requesting that the Board of County Commissioners vacate a portion of the Dixie Gardens, Unit 3, Section 3 plat. The portion of the plat to be vacated (see attachment #2) includes 16 lots, two cul-de-sac roads, and a "park" parcel, all of which are owned by Timber Ridge, Inc. The subject property is located north of Oslo Road along the Lateral "J" canal and forms the northwest corner of the Timber Ridge development (see attachment #1). The portion of the plat to be vacated does not affect any public or private facilities or access rights other than what relates to the 16 lots being vacated. The owner, Timber Ridge, Inc., was recently granted conceptual PRD plan approval by the Board which proposed to re -plat the subject property and incorporate it into the Timber Ridge project. The requested plat vacation will allow the future development and platting of the property under the PRD plan. ANATYSTq e 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; and 3. that all back taxes on the subject property have been paid. The applicant has submitted a deed to the Planning Department showing that it holds fee simple title to the subject property. The partial plat vacation would not affect rights of convenient access to any area residents. 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. County staff has no objections to the requested vacation. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution vacating a portion of Dixie Gardens, Unit 3, Section 3. 29 BOOK 67 rn1484