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M M i 1... It must be shown that he persons making applications for the vacation own fee simple title to that part of the tract covered by the plat sought to be vacated. 2. It must be shown that the vacation will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. 3. Notice of the intention to apply to the County Commis- sion for vacation of the plat must be published in a newspaper of general circulation in the county in not less than two weekly issues of the paper. 4. Proof of publication of the petition for vacation must be attached to the petition. 5. Certificates showing that all state and county taxes . have been paid must be provided. The applicant has submitted all of the above information which has been reviewed and approved by the County Attorney's office. Thus, all State requirements have been satisfied in regards to the plat vacation request. - County Review In the course of review it has been determined that although the request can be granted, the County needs to retain drainage -and utilities easements over the road rights-of-way at this time. Retaining these easements will legally cover the existing public utilities improvements that are now physically located in portions of right-of-way. Also, these easements will ensure that future required drainage and utilities improvements needed to serve the site can be accommodated under any circumstances. It is the applicant's intention, via subsequent site plan development, to work with County staff to create an alternate drainage and util- ities easement plan to best accommodate the actual future site development. The plat vacation resolution proposed by staff retains the necessary drainage and utilities easements over the entire area of what is now right-of-way; these easements could later be modified during the review of a development plan. SUMMARY: All of the Sunshine Quality Homes - Unit 2 subdivision is proposed to be vacated. The proposed resolution retains easements for drainage and utilities, which could later be released by the county. Once the site developer has specific proposals for redevelopment, the drainage and utilities easements can be altered to best accommodate development. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution vacating all of the Sunshine Quality Homes Unit - 2 subdivision plat and retaining drainage and utilities easements as previously described, subject to the following condition: 1. The resolution of abandonment shall not be recorded until the park tract purchase is finalized. MAR b 1990 23 BOOK bi