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Council approves vacation of 1.4-foot strip of public utility easement at 3120 Sharon Avenue

October 07, 2025 | West Melbourne, Brevard County, Florida


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Council approves vacation of 1.4-foot strip of public utility easement at 3120 Sharon Avenue
The City Council approved a resolution to vacate a 1.4-foot by 36.6-foot portion of a public utility and drainage easement affecting 3120 Sharon Avenue in the Crystal Lakes subdivision, clearing a title issue created by a survey error related to a house built in 2011.

City planning director Christie Fisher explained that the easement at issue is one of two 10-foot easements (one on each lot) and that an inaccurate 2011 boundary survey had shown a five-foot easement rather than the correct 10-foot public utility easement. The error was identified during a recent transaction; the applicant, surveyor Andrew Posak of AAL Land Surveying, acknowledged the mistake in a statement to council.

Fisher said the city contacted utilities and found only an 8-inch water line in the area; no private utilities were identified in the affected easement segment. Staff and public works reviewed the layout and concluded there is nearly 18 feet of working width where crews could operate and that the water line’s location does not prevent maintenance access. Fisher recommended approval of resolution "number 20 20 five-twenty 3" (as read in the staff report) to record the vacate and clear title for future property transactions.

Councilmember Frampus moved to approve the resolution and Councilmember Bentley seconded; the council closed the public hearing, heard from the applicant’s surveyor, and voted 7-0 to adopt the resolution. Staff said the resolution, if approved, would be recorded and published as required by city process. Council discussion included questions about fence permits, whether fences run parallel to pipes, and whether a homeowner hold-harmless would be needed; staff said in this case the pipe is offset and provides sufficient cushion and a hold-harmless was not required.

No change to property ownership was proposed; the action vacates the public easement slice so the existing west wall of the house will remain in place for future title clarity.

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