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0 <br />TO: The H6norable Members of The Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: <br />Obert M. Keatin , W <br />Community Devel me//►1 rector <br />THROUGH: Stan Boling, AIC <br />Chief, -Current D e pmen <br />FROM: Robert E. Wiegers <br />Staff Planner, C evelopment <br />DATE: September 7, 1989 <br />SUBJECT: PLAT VACATION REQUEST FORA PORTION OF TRACT "B" <br />NON-EXCLUSIVE. INGRESS/EGRESS AND UTILITY EASEMENT FOR <br />TIMBER RIDGE VILLAGE II <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of September 19, 1989. <br />DESCRIPTION AND CONDITIONS: <br />Attorney Bennett L. Rabin, on behalf of Timber Ridge, Inc., is <br />requesting that the Board of County Commissioners vacate a portion <br />of Tract "B" Non -Exclusive_ Ingress/Egress and Utility Easement for <br />' Timber Ridge Village II, -as recorded in Plat Book 12, Pages 51 and <br />51A, Public Records of Indian River County, Florida. The subject <br />property 'is located within the Timber Ridge Planned Residential <br />Development, on the north side of Oslo Road; immediately east of <br />the Lateral J Canal. <br />The portion of the plat to be vacated is shown on attachment #3, <br />all of which is owned by Timber Ridge Inc. This vacation does not <br />affect.any public or private facilities or access rights other <br />than what relates to the easements being vacated. <br />The owner, Timber Ridge, Inc., was recently granted approval by <br />the County to redesign the interior circulation of this project; <br />therefore, the easement in question is no longer necessary to <br />service the project. <br />ANALYSIS: <br />According to Chapter 177.101 of the Florida Statutes, the Board of <br />County Commissioners has the authority to vacate plats in whole or <br />in part, returning all or portions of the property into acreage. <br />The vacation is accomplished by resolution of the Board. (Attach- <br />ment #7) Before the resolution can be approved by the County <br />Commission: <br />1. 'It must be shown that the persons making application for <br />the vacation own fee simple title to that part of the <br />tract covered by the plat sought to be vacated. (At- <br />tachment #5) <br />2. It must be shown that the vacation will not affect the <br />ownership or right of convenient access of persons <br />owning other parts of the subdivision. <br />3. Notice of intention to apply to the County Commission <br />for vacation of the plat must be published in a <br />EP 19 lg89 21 <br />nor <br />