PLACEMENT: Consent
TITLE:
title
APPROVAL OF MAINTENANCE MAPS FOR A PORTION OF SE PETTWAY STREET AND A PORTION OF SE DIXIE HIGHWAY IN HOBE SOUND
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EXECUTIVE SUMMARY:
executive summary
Pursuant to the provisions of Section 95.361, Florida Statutes, staff requests approval of two Maintenance Maps, one for a portion of SE Pettway Street for a maintained length of 1,040 linear feet, and one for a portion of SE Dixie Highway for a maintained length of 2,293 linear feet. Approval will establish prima facie evidence of ownership of the land by the County to the extent and width that it has been maintained for the prescribed period.
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DEPARTMENT: Public Works
PREPARED BY: Name: Jet Martel, PSM
Title: Acting County Surveyor
REQUESTED BY: James Gorton, Public Works Director
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Pursuant to the provisions of Section 95.361, Florida Statutes, if the County has been regularly maintaining or repairing a road that was not constructed by the County or where it cannot be determined who constructed the road, the road is deemed to be dedicated and all right, title, easement, and appurtenances in and to the road are vested in the County. The County may file a map to establish prima facie evidence of its ownership in the land of such a road. The Public Works Department routinely maintains and repairs roads and rights-of-way within the County and keeps an inventory of the work completed.
A Maintenance Map for 1,040-foot section of sidewalk on the Northerly side of SE Pettway Street, starting from the Westerly line of Lot 35, Pettway Park, according to the Plat thereof, as recorded in Plat Book 2, Page 32 ½, Public Records of Martin County, Florida, Easterly to approximately 17 feet Westerly of the Easterly line of Lot 5, Pettway Park, has been prepared for acceptance by the Board of County Commissioners and recording within the County Records. The Maintenance Map identifies 1,040 linear feet where the maintained right-of-way was not previously recorded. The maintained right-of-way for SE Pettway Street has been determined to coincide with the back of sidewalk for said maintained area of 1,040 linear feet. The Public Works Director has verified that the County routinely maintains this location within the corridor and the County Surveyor has reviewed the Maintenance Map.
A Maintenance Map for a 2,293-foot section of sidewalk on the Westerly side of SE Dixie Highway, starting from the Southerly right-of-way line of SE Washington Street, also being the Northerly line of Lot 1, Pettway Park, according to the Plat thereof, as recorded in Plat Book 2, Page 32 ½, Public Records of Martin County, Florida, Southerly to the Northerly right-of-way line of SE Porter Boulevard, as recorded in Angle-In Mobile Home Court, according to the plat thereof, as recorded in Plat book 4, Page 81, Public Records of Martin County, Florida, has been prepared for acceptance by the Board of County Commissioners and recording within the County Records. The Maintenance Map identifies 2,293 linear feet where the maintained right-of-way was not previously recorded. The maintained right-of-way for SE Dixie Highway has been determined to coincide with the back of sidewalk for said maintained area of 2,293 linear feet. The Public Works Director has verified that the County routinely maintains this location within the corridor and the County Surveyor has reviewed the Maintenance Map.
These segments of sidewalk have been continually maintained by Martin County and used by the public for over 20 years.
Benefits:
Acceptance and recording of the Maintenance Maps will establish prima facie evidence of the County’s ownership and maintenance of the right-of-way and appurtenances thereto.
Martin County currently maintains the sidewalk segments with existing budgets, resulting in no additional financial burdens to the County.
ISSUES:
No adverse effects are prevalent to the adjoining private land ownerships. Nevertheless, the Public Works Department will notify the adjoining owners by mail when the Maintenance Maps are approved and recorded.
A supplemental memo will be submitted to the Board upon final review and approval of the Maintenance Maps by the County Engineer.
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 (i) approve the Maintenance Map of SE Pettway Street and the Maintenance Map of SE Dixie Highway, pursuant to the provisions of Section 95.361, Florida Statutes; and (ii) authorize the Chair to execute the Maintenance Map cover sheets for subsequent recording in the public records.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda.
Do not approve the Maintenance Maps, state reason for such disapproval and provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
a. None. Martin County currently maintains the roadways and sidewalk segments.
b. Reproduction and recording/filing cost approximately $120.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Two Maintenance Maps