PETITION REQUESTING VACATING
OF COUNTY ROAD, RIGHT-OF-WAY OR EASEMENT
The undersigned hereby petition(s) the Board of County Commissioners to vacate an existing County road, right-of-way or easement,
and to disclaim any right of Brevard County and the public in that road, right-of-way or easement.
The undersigned hereby certify:
1. LEGAL DESCRIPTION: Two (2) complete and accurate legal description of the road, right-of-way or
easement sought to be vacated is as follows. A boundary survey and legal description for vacating right(s)-way will be
attached, and/or a sketch and legal description for vacating an easement will be attached. The BOUNDARY SURVEY
and/or SKETCH and DESCRIPTION must be prepared on an 8 ½ “x 11” sheet (legal description on first sheet, and sketch
on the second sheet; see attached example), and must be at a scale suitable for recordation, and must be current
within 90 days of date of petition. *Surveyor Note: Unless absolutely necessary, the legal description “should not” be
written as a metes and bounds legal. All existing structures and/or proposed improvements must be shown on the
boundary survey and/or sketch and description. If a drawing file is needed, please contact the Survey Department
(321) 350-8346, and one will be provided. Also, please email the legal description in a word document to:
2. PUBLIC INTEREST IN ROAD, RIGHT-OF-WAY OR EASEMENT. The title or interest of Brevard County and
the public in the above described road, right-of-way or easement was acquired and is evidenced in the following
manner (state whether public interest was acquired by deed, dedication or prescription and attach a copy of deed or
plat as recorded in public records). Please provide proof of ownership of applicant’s property.
3. BOUNDARY SURVEY. It is agreed by the Public Works Department and the undersigned that a BOUNDARY
SURVEY AND LEGAL DESCRIPTION accurately showing and describing the above described road, right-of-way or
easement, and its location and relation to surrounding property, showing all improvements and encroachments and
easements will be attached.
4. ABUTTING PROPERTY OWNERS. Attached as Exhibit “B” is a list which constitutes a complete and
accurate schedule of all owners or property abutting upon or contiguous to the above described road, right-of-way or
easement and all abutting owners have signed this petition or signed a separate consent attached to Exhibit “B”. The
applicant/petitioner shall make a good faith effort to obtain the signature of land owners abutting the property to be
5. ACCESS TO OTHER PROPERTY. The undersigned certifies that if this petition is granted, no other property
owner(s) will be denied access to and from their property.
6. NOTIFICATION OF PROPERTY OWNERS. In the vacation of roads and rights-of-way, the petitioner shall
provide the Public Works Department with a certification that thirty (30) days prior to the public hearing on the
petition, petitioner has notified all property owners (regular mail, within five hundred (500) feet of the property sought
to be vacated advising said property owners that petitioner seeks to have Brevard County vacate the subject property
and renounce any rights in same. To obtain the names of the property owners within five hundred (500) feet, contact
one of the following offices: Property Appraisers Office, 400 South Street, Suite 40B, Titusville (321) 264-6707 or
Planning & Zoning/Graphics, 2725 Judge Fran Jamieson Way, Bldg A, 1st Floor, Viera, FL (321) 633-2060.
7. POSTING OF NOTICE. The undersigned agrees and hereby certifies that the petitioner will place a notice
of petition to vacate on the subject property in a conspicuous and easily visible location no later than ten (10) days
prior to the public hearing on the petition. This notice will be mailed to you or is available to you at the Public Works
Department, Survey Section, of Brevard County.
8. GROUNDS FOR GRANTING PETITION. The undersigned submits as grounds and reasons in support of this
petition the following (state in detail why petition should be granted):