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JUN 121990 <br />BOOK 80 FACE <br />TO: James E. Chandler <br />County Administrator <br />DIVISION HEAD CONCURRENCE: <br />Robert M. Kea i ", AI <br />Community Develo men irector <br />THROUGH: Stan Boling,- AICP <br />Chief, Current Development <br />FROM: Christopher D. Rison <br />Staff Planner, Current Development <br />DATE: June 5, 1990 <br />SUBJECT: PLAT VACATION REQUEST FOR WHISTLEWOOD SUBDIVISION <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 June 12, 1990. <br />DESCRIPTION AND CONDITIONS: <br />Ty Tarby, Trustee, is requesting that the Board of County Commis- <br />sioners vacate the Whistlewood Subdivision as recorded in Plat <br />Book 10, Page 45, Public Records of Indian River County, Florida. <br />All lots and associated easements and rights-of-way are owned <br />privately by Ty Tarby, Trustee. The subject property is located <br />north of State Road 60 (20th Street), west of 58th Avenue (Kings <br />Highway). <br />Currently, a roadway, a fence along S.R. 60 and a residence on Lot <br />1 exist in the Whistlewood Subdivision. Lot 1 is considered to be <br />under the ownership by the applicant, Ty Tarby, Trustee. <br />The owner, Ty Tarby, Trustee, has requested to vacate the plat in <br />order to include the property as a portion of the proposed Indian <br />River Mall development site. <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. Before <br />the resolution can be approved by the Board: <br />1. It must be shown that the persons making application for the <br />vacation own fee simple title to that part of the tract <br />covered by the plat sought to be vacated. <br />2. It must be shown that the vacation will not affect the <br />ownership or right of convenient access of persons owning <br />other parts of the subdivision. <br />3. Notice of the intention to apply to the County Commission for <br />vacation of the plat must be published in a newspaper of <br />general circulation. <br />4. Proof of publication of the petition for vacation must be <br />attached to the petition. <br />5. Certificates showing that all State and County taxes have <br />been paid must be provided. <br />24 <br />