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BOOK 93 PAGE 4`1 ANALYSIS: According to Chapter 177.101 of the Florida Statutes, the Board of County Commissioners has the authority to vacate plats in whole or in part, returning all or portions of the property to acreage. The vacation is accomplished by resolution of the Board. Before the resolution can be approved by the County Commission, the following must occur: 1. It must be shown that the persons making application for the vacation own fee simple title to the property covered by the plat sought to be vacated. 2. It must be shown that the vacation will not affect the ownership or the right of convenient access of persons owning other parts of the subdivision. 3. Notice of the intention of the County Commission to vacate 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. The 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 proposed plat vacation does contain a 5' and 10' drainage and utility easement running along the northern boundary of the proposed vacation, along the front property line of lots 1-13. Utilities are presently located within these easements and these easements will not be vacated or released by approval of this plat vacation request. To ensure that these easements remain in place, the proposed resolution (see attachment #6) specifically excludes these easements from the vacation. The applicant has submitted all of the above referenced information which has been reviewed and approved by county staff , including the County Attorney's Office. Furthermore, all state requirements concerning plat vacation have been met. Therefore, county staff has no objections to the requested vacation. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution vacating all of lots 1-12 and the east I of lot 13 of Sandpointe West Subdivision as recorded in plat book 13, pages 31 and 31A of the Public Records of Indian River County, Florida, said land now lying and being in Indian River County, Florida. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. There being none, he closed the public hearing. ON MOTION by Commissioner Eggert, SECONDED by Commissioner Bird, the Board unanimously approved Resolution 94-129 vacating, in part, the plat of Sandpointe West Subdivision. 12 October 11, 1994