PLACEMENT: Consent
TITLE:
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APPROVAL OF A MAINTENANCE MAP FOR A PORTION OF SW MAGNOLIA STREET (VILLAGE OF INDIANTOWN)
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EXECUTIVE SUMMARY:
executive summary
Pursuant to the provisions of Section 95.361, Florida Statutes, staff requests approval of a Maintenance Map for a portion of SW Magnolia Street in the Village of Indiantown. Approval will establish prima facie evidence of ownership of the land by the County to the extent and width that it has been actually maintained for the prescribed period.
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DEPARTMENT: Public Works
PREPARED BY: Name: Thomas Walker, Jr., PSM
Title: County Surveyor
REQUESTED BY: Thomas Walker, Jr., PSM, County Surveyor and James Gorton, Deputy 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, known as a Maintenance 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.
The Maintenance Map for the 634 feet of SW Magnolia Street, generally lying between SW 173rd Avenue and SW 171st Avenue in the Village of Indiantown has been prepared for acceptance by the Board of County Commissioners and recording within County Records. The Deputy Public Works Director has verified that the County routinely maintains this corridor and the County Surveyor has reviewed the Maintenance Map.
This segment of SW Magnolia Street consists of an asphalt road beginning at SW 173rd Avenue, intersecting SW 172nd Avenue, SW 171st Drive and continues to the existing right-of-way west of SW 171st Avenue.
This segment has been continually maintained by Martin County for over fifteen years, is in use by the public, and is classified as an open road for applicable building permit eligibility.
Benefits:
Acceptance and recording of the Maintenance Map 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 road segment 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 Map is approved and recorded. Upon recordation of the Maintenance Map, SW Magnolia Street will be transferred to the Village of Indiantown pursuant to the Road Transfer Agreement.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board of County Commissioners 1) approve the Maintenance Map for the 634-foot segment of SW Magnolia Street, generally lying between SW 173rd Avenue and SW 171st Avenue in the Village of Indiantown pursuant to the provisions of Section 95.361, Florida Statutes; and 2) authorize the Chairman to execute the Maintenance Map cover sheet for subsequent recording in public records.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda.
Do not approve the Maintenance Map, state reason for such disapproval and provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
a. None. Martin County currently maintains this roadway.
b. Reproduction and recording/filing cost approximately $45.
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ALTERNATIVE RECOMMENDATIONS
N/A
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☒Other: Maintenance Map