Fillable 1. All requests for vacating County roads, rights-of-way (Brevard County Board of Commissioners)

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1. All requests for vacating County roads, rights-of-way (Brevard County Board of Commissioners)

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BROWSE BREVARD COUNTY BOARD OF COMMISSIONERS (FL) FORMS

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INFORMATION FOR VACATING COUNTY ROADS,
RIGHTS-OF-WAY AND/OR EASEMENTS
1. All requests for vacating County roads, rights-of-way and easements may be initiated by submittal of the
following to the Brevard County Board of County Commissioners, Public Works Department, Bldg. A, Suite
220, 2725 Judge Fran Jamieson Way, Viera, FL 32940. If you need assistance or have any questions, you
can contact Amber Holley, Public Works Department, Survey Section @ (321) 350-8346.
a) One executed petition included in the form to include the information as requested in the attached
Exhibit A (note: please contact Amber Holley at the below phone number before signing and notarizing
the petition).
b) A fee of $640 for processing, advertising, and recording charges. (Checks should be made payable to
Brevard County Board of County Commissioners)
2. Upon receipt of the petition, the Public Works Department will review the petition and the boundary
survey and/or sketch and description for accuracy and completeness. If the legal description is suspected
to be incorrect, the Department shall notify the petitioner and request a corrected legal description.
3.
The Public Works Department will transmit the notice of the public hearing to a Brevard County
newspaper to appear at least fourteen (14) days prior to the date of the public hearing, and the Public
Works Department will:
a)
Request certification from the applicable public service agencies and public utility companies to ensure
that the vacating will not interfere with the service provided or encroach unreasonable on any utility
and/or drainage easement or right-of-way.
b)
Notify the Petitioner of the date, time, and location of the public hearing and forward the notice to be
posted with instructions for requirements of posting the notice in a conspicuous and easily visible
location on the property no later than ten (10) days prior to the public hearing.
4.
At the public hearing, the Board may deny the petition or grant the petition to vacate all or any portion of
the property and may attach such conditions as the Board may deem to be in the public interest.
5.
If the Board grants the petition, the Board shall adopt a resolution granting the petition and the Clerk to
the Board shall:
a)
Advertise the legal notice of the adoption of the resolution in a Brevard County newspaper.
b)
Record all necessary documents upon receipt of all documents.
c)
Send a certified copy of the Board adopted resolution to the Petitioner and the Public Works
Department.
6.
If the Board denies the vacating, the Public Works Department will notify the Petitioner.
__________________________________________________________________________________________________________
For More Information Contact:
Amber Holley, Vacating & Acquisition Review Specialist
Public Works Dept. /Survey Section
E-Mail Address: amber.holley@brevardfl.gov
(321) 350-8346 Phone (321) 633-2080
EXHIBIT A
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:
amber.holley@brevardfl.gov
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
vacated.
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. 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.
7. 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):
Respectfully Submitted,
Name: ________________________________________________
Address: ______________________________________________
City: ___________________________________________________
Telephone: ____________________________________________
Email: _________________________________________________
______
__________________________________ _______________________________________
(Signature of Petitioner) (Signature of Petitioner)
NOTE: EACH PETITIONER MUST SIGN THIS PETITION, AND ALL PETITIONERS’ SIGNATURES SHALL BE
NOTARIZED.
State of ____________________
County of __________________
I hereby certify that on this day personally appeared before me, an officer duly authorized to administer oaths
and take acknowledgements, _________________________________________________________________,
who executed the forgoing Oath and acknowledged before me that he/she executed the same for the
purpose(s) therein expressed, and who is personally known to me or who has produced
_________________________ as Identification.
Witness my hand and official seal this the __________ day of ______________, A.D., ______.
______________________________
Notary Public
______________________________
Print Name
______________________________
Commission Number
______________________________
Commission Expires
ABUTTING PROPERTY OWNERS: EXHIBIT B
ATURES OF ABUTTING OWNERS WHO CONSENT WITHOUT OBJECTION TO THE VACATING
SIGN
Name____________________________
Address__________________________
_________________________________
Signature __________________________
Description of Property
Lot/Block
Nam
e____________________________
Address__________________________
_________________________________
Signature __________________________
Description of Property
Lot/Block
Nam
e____________________________
Address__________________________
_________________________________
Signature __________________________
Description of Property
Lot/Block
AUTHORIZATION TO ACT AS AGENT AFFIDAVIT
I, _____________________________________________________________, hereby authorize
_________________________________________________________, to act as agent on my behalf before the
Brevard County Board of County Commissioners pertaining to the request to vacate/abandon certain rights-of-
way and/or easements, etc. in Brevard County, Florida.
___________________________________ _________________________________
Signature (Property Owner) Signature (Property Owner)
State of________________
County of______________
I hereby certify that on this day personally appeared before me, an office duly authorized to administer oaths
and take acknowledgements, ____________________________________, who executed the foregoing oath
and acknowledged before me that he/she executed the same for the purpose(s) therein expressed, and who is
personally known to me or who has produced_____________________________ as identification.
Witness my hand and official seal this ______ day of __________________ A.D., 20___.
_______________________________
Notary
_______________________________
Print Name
_______________________________
Commission Number
_______________________________
Commission Expires
Agent’s Contact Information:
Name: ________________________________
Address: ______________________________
_____________________________________
Phone Number: ________________________
Email Address: _________________________
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1. All requests for vacating County roads, rights-of-way (Brevard County Board of Commissioners)

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Completed 1 April 2021

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