Subject:
Title
Petition to Vacate, Re: A portion of a public drainage easement - Plat of “Suntree P.U.D. Stage 1, Tract E”, Plat Book 24, Page 120 - Melbourne - Walter E. and Mary A. Henker - 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 a portion of an easement, per Plat “Suntree P.U.D. Stage 1, Tract E”, Plat Book 24, Page 120, in Section 13, 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 Lot 9 and are requesting the vacating of a portion of a public drainage easement to allow for the existing home to remain after being discovered in a boundary survey. The property is located in Melbourne, South of N. Wickham Road and East of Pinehurst Ave.
On March 23, 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@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.