Subject:
Title
Petition to Vacate, Re: A portion of a Public Right-of-way – Plat of “Houston Lane Estates” Plat Book 62, Page 46 – Merritt Island – D R Horton Inc – 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
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (BOCC) conduct a public hearing to consider vacating a portion of a public right-of-way, per Plat “Houston Lane Estates”, Plat Book 62, Page 46, in Section 22, Township 24 South, Range 36 East. If approved, it is requested that the Board authorize the Chair to sign the attached Resolution approving the vacating.
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Summary Explanation and Background:
Florida Statutes, Section 336.09 and Brevard County Article II, Section 86-36, provide a method for the Board of County Commissioners to vacate and abandon unused rights-of-way and easements. The petitioner owns Tax Parcel 42 and is requesting the vacating of a portion of a public right-of-way to allow for the development of the property in 24SP00039 and 25FM00010. The right-of-way of Houston Lane was taken by maintenance and platted by Houston Lane Estates per Plat Book 62, Page 46. The property is located in Merritt Island, West of N Courtenay Pkwy and East of N Tropical Tr.
The Land Acquisition Department has prepared a deed for the portion of the right-of-way to D R Horton, Inc. The separate action is to reverse the claim to the right-of-way by the maintenance map.
On September 2, 2025, 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, no objections have been received.
Name: Amber.Holley@brevardfl.gov Phone: 321-350-8346
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.