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Public Hearings 9.

BCC Regular Meeting

Meeting Date:	06/16/2016
Issue: 5:31 p.m. Public Hearing - Vacate the Plat of Sun Ray Village
From:	Joy D. Blackmon, P.E.
Department:	Public Works
CAO Approval:

RECOMMENDATION:

5:31 p.m. Public Hearing for consideration of the Petition to Vacate the Plat of Sun Ray Village, as petitioned by Deluna Capital, LLC.

Recommendation: That the Board take the following action concerning the Petition to Vacate the Plat of Sun Ray Village, as petitioned by Deluna Capital, LLC:

A. Approve or deny the Petition to Vacate the Plat of Sun Ray Village;

B. Accept the Hold/Harmless Agreement;

C. Adopt the Resolution to Vacate; and

D. Authorize the Chairman or Vice Chairman to accept the documents as of the day of delivery of the documents to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute them at that time.

BACKGROUND:

The applicant is requesting the Vacation of Sun Ray Village Plat, a non-residential subdivision recorded in Plat Book 14 Page 96, located at 20 Via Deluna Drive. If approved, the vacation would dissolve the Sun Ray Village Plat and revert back to Parcel Five (5) South of El Vedado Villa, as platted in Plat Book 2, Page 84. There are two outstanding mortgages shown in the title commitment for this parcel. The property is vested to Deluna Capital, LLC; however, the applicant has provided documentation that these mortgage holders are aware of his Request to Vacate since they do hold financial interest in the property.

There are no encroachment issues involved with this vacation request. Staff has reviewed this request and has no objections to the proposed vacation. The petitioner has contacted all utility companies concerned and the petitioner has provided documentation whereby petitioner is in agreement with the utility companies to coordinate with them relative to any existing utilities. No one will be denied access to his or her property as a result of this vacation.

BUDGETARY IMPACT:

Indirect staff cost associated with the preparation of documents and recommendation.

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

All work associated with this request is being done in-house and no additional staff is required.

POLICY/REQUIREMENT FOR BOARD ACTION:

This recommendation is based on the Board’s Subdivision Plat Vacation Procedures - Section III(A) and Florida Statutes, Chapter 177.

IMPLEMENTATION/COORDINATION:

Upon Board approval of the Petition to Vacate, the necessary documents will be signed and delivered to the Petitioner or to the Petitioner's agent, who will have the documents recorded in the public records and will have notices published.

Staff has been in contact with Lucian Dancaescu (Deluna Capital, L.L.C.), the Petitioner. It is the responsibility of the Petitioner to advertise the Notice of Public Hearing.

Attachments
Petition
Hold Harmless
Resolution
Aerial Map w/ 500' Radius
BCC Approval of Request to Schedule