Subject:
Title
Petition to Vacate, Re: A portion of two public utility and drainage easements - Plat of "Six Mile Creek Phase IV", Plat Book 39, Page 46 - Melbourne - Jeffrey and Jonella Ortino - District 4
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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 - Land Acquisition Section
Requested Action:
Recommendation
It is requested that the Board of County Commissioners (BOCC) conduct a public hearing to consider vacating portions of easements, per Plat "Six Mile Creek Phase IV", Plat Book 39, Page 46, in Section 3, Township 26 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 petitioners own Lots 18, Block F, and are requesting the vacating of a portion of two public utility and drainage easements to allow for the existing pool form board to continue being constructed under permit # 25BC16901, after discovering the pool had encroached into the easement area not shown on the original survey during a form board survey requested by the Planning & Development Department due to the proximity to the 5.00-foot setback requirement. The homeowner also relocated a buried FPL line after discovering the location was too close during the review period. The property is located in Melbourne, South of Viera Blvd and West of Murrell Road.
On June 22, 2026, 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@b...
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