Subject:
Title
Petition to Vacate, Re: Plat Note 18 - "Water's Edge" Plat Book 55, Page 78 - Melbourne - M & R United, Inc. - 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 - Surveying & Mapping
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider vacating plat note 18, "Water's Edge" Plat Book 55, Page 78, in Section 16, 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. Additionally, it is requested to authorize the Public Works Director to accept and sign a restrictive covenant on behalf of the Board following review and approval by the County Attorney's Office.
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Summary Explanation and Background:
Florida Statutes, Chapter 177, provide a method for the Board of County Commissioners to vacate and abandon portions of plats. The petitioners own Lot 3, Block A, and are requesting the vacating of plat note 18 to allow for the development of the lot without vehicular access restrictions currently in place per the note. The petitioner is currently in the site plan approval process (22SP00051) and the resolution to vacate will not be recorded until a Restrictive Covenant and sketch are also executed by the petitioner, which will be submitted to Brevard County Public Works Department to be recorded concurrently with the vacating resolution if it is approved. This requirement is associated with traffic safety concerns for the site which would exist absent the vacated note and absent the Restrictive Covenant. If this action is not properly executed for any reason, Public Works will bring this request back to the Board on September 17, 2024 for consideration to rescind the approval of the petition to vacate the referenced plat note. The property is located in M...
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