Subject:
Title
Petition to Vacate, Re: Public Right-of-Way - Aspinwall Avenue & Unnamed Right-of-Way - “Plan of Town of Pineda” Plat Book 1 Page 41 - Rockledge - IR TIKI LLC, Brevard County, and Ashma Luthra - District 2
Acceptance of Quit Claim and Warranty Deed, Re: Lot 13, Block 51, Plan of Town of Pineda, Plat Book 1, Page 41, and portions of Aspinwall Ave and Unnamed Rights-of-Ways described as Parcel 101, lying in Plan of Town of Pineda, Plat Book 1, Page 41 - IR TIKI LLC, Brevard County, and Ashma Luthra - District 2
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Fiscal Impact:
The petitioners are charged $640. These fees are deposited in Fund 0002-30265 revenue account for vacatings.
Dept/Office:
Public Works Department - Surveying & Mapping and Land Acquisition
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (Board) conduct a public hearing to consider vacating part of a public right-of-way, established by the plat “Plan of Town of Pineda”, Plat Book 1, Page 41, in Section 18, Township 26 South, Range 37 East. If approved, authorize the Chair to execute and/or accept the following attached documents: A) Resolution approving the vacate in accordance with Section 336.09, Florida Statutes; B) Resolution pursuant to Section 125.38, Florida Statutes, granting a utility easement from the County to Florida Power and Light; C) Acceptance of attached Utility Easement required as a condition of the vacate; and, D) any other related documents necessary to effectuate the vacating and acceptance of any associated deeds to the County.
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Summary Explanation and Background:
Section 336.09, Florida Statutes, and Section 86-36, Brevard County Code, provide a method for the Board to vacate and abandon unused rights-of-way and easements. The petitioners own abutting parcels to the south and east of the areas to be vacated. The vacating will allow Brevard County to expand waterfront usage for the public at Rotary Park at Suntree and allow for Pineda Inn to complete renovations for parking. In accordance with Board Policy BCC-77, Vacating Public Access to Waterfront Property, the Board will review the vacating request at a public hearing to determine if the request is in the best interest of Brevard County and states that a super-majority vote is required to approve the vacating request. Furthermore, because the County will be vacating publicly owned access to shorelines, in order to comply with Policy 13.9 of the Coastal Management Element of the Brevard County Comprehensive Plan, the Board must make certain findings in the vacate resolution that the action is necessary and suitable mitigation measures are in place. The petitioners have agreed to deed property abutting the vacated rights-of-way to the County, which will increase ownership of shoreline property, and dedicate a utility easement to the County over a portion of the vacated right-of-way. The property is in Rockledge, South of Suntree Blvd. and East of US Highway 1.
As a condition of the vacate application, the Utility Services Department and Florida Power and Light required easements.
On October 9, 2023, the legal notice was advertised in Florida Today informing the public of the date a public hearing would be held to consider the vacating. All pertinent County agencies and public utility companies have been notified. At this time, one objection from FPL has been resolved with an easement to FPL and one objection from Brevard County Utility Department has been resolved with a utility easement. Road & Bridge, Land Acquisition, and Natural Resources have no objection to the vacate request with the acceptance of the deeds for Lot 13, Block 51, Plan of Town of Pineda, and a portion of the vacated rights-of-way.
This item follows the policies and procedures as set forth in County Administrative Order AO-73; Board Policy BCC-77; Sections 125.38 and 336.09, Florida Statutes; Chapter 86, Article II, Brevard County Code; and Section 2-247, Brevard County Code.
Name: Amber.Holley@brevardfl.gov Phone: Ext. 58346
Clerk to the Board Instructions:
Advertise Approved Resolution Notice and Record Vacating Resolution Documents as one resolution type document which in sequence includes the approved/signed resolution, the proof of publication of the public hearing notice, and the proof of publication of the adopted resolution notice.
Upon execution by the Chair, Public Works Department will contact the Clerk’s office to make arrangements to pick up the original documents attached hereto for recording in the Public Records of Brevard County, Florida.