PLACEMENT: Consent
TITLE:
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CONSIDER ADOPTION OF A RESOLUTION CONFIRMING THE SCOPE OF THE TRANSFER OF CERTAIN RIGHTS-OF-WAY TO THE TOWN OF JUPITER ISLAND PURSUANT TO RESOLUTION NO. 03-9.48
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EXECUTIVE SUMMARY:
executive summary
The Town of Jupiter Island (the Town) has requested that the Board of County Commissioners (Board) adopt a resolution confirming that the transfer effected by Resolution No. 03-9.48 vested in the Town full and exclusive jurisdiction over certain platted rights-of-way, or portions thereof, lying within the corporate limits of the Town, that intersect or abut the North Beach Road Right-of-Way.
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DEPARTMENT: Administration
PREPARED BY: Name: Sebastian Fox
Title: Senior Assistant County Attorney
REQUESTED BY: Don Donaldson, County Administrator
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
By Resolution No. 03-9.48, adopted on September 23, 2003, the Board transferred to the Town jurisdiction over the road known as North Beach Road (f/k/a Royal Palm Boulevard). The Town accepted such transfer pursuant to its Resolution No. 496, and since then has exercised jurisdiction over the North Beach Road right-of-way and the ancillary rights-of-way connected thereto.
Certain platted rights-of-way lying within the corporate limits of the Town intersect or abut the North Beach Road Right-of-Way and extend eastward therefrom toward the Atlantic Ocean, as depicted on the Plat of Bon Air Beach, recorded in Official Records Book 9, Page 2, and the Amended Plat of Bon Air Beach Plat 2, recorded in Official Records Book 10, Page 33 (collectively, the “Ancillary Rights-of-Way”). Since the Ancillary Rights-of-Way were not specifically referenced in Resolution No. 03-9.48, the County and the Town now desire to confirm the scope of the transfer effected by Resolution No. 03-9.48 and to remove any ambiguity concerning the Ancillary Rights-of-Way in furtherance of intergovernmental comity and the orderly administration of public rights-of-way.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, and staff have identified and addressed legal risks and developed strategies for legal defensibility, as applicable.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt a Resolution confirming that the transfer effected by Resolution No. 03-9.48 vested in the Town full and exclusive jurisdiction, control and authority over the North Beach Road Right-of-Way together with the Ancillary Rights-of-Way; and that, as between the County and the Town, all responsibility for the operation, maintenance, and control of the Ancillary Rights-of-Way, to the extent any resided in the County, resides in the Town.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda and provide staff with an alternative recommendation.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other: