PLACEMENT: Consent
TITLE:
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APPROVAL OF A MAINTENANCE MAP FOR A PORTION OF SE BEACH ROAD (COUNTY ROAD 707)
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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 SE Beach Road (County Road 707) in the Town of Jupiter Island. 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.
SE Beach Road (CR-707) lies through the Town of Jupiter Island within an existing Maintenance Map that was recorded on March 22, 1978 in the Public Records as Plat Book 7, Page 44 and the road has been continuously maintained by the State/County since 1974 as indicated on said Maintenance Map. During the current design for the resurfacing of the road using funds from the Florida Department of Transportation (FDOT), it was discovered that there is a segment of SE Beach Road (CR-707) where the existing Maintenance Map is inadequate; the County has been maintaining areas outside the Maintenance Map. As a result, a new Maintenance Map was prepared to provide evidence of the existing adequate maintenance areas as right-of-way for the repaving project. The segment of SE Beach Road (CR-707) consists of 2.0 miles of the meandering paved road approximately 2 miles south of SE Bridge Road (CR-708). The segment exists between mile posts 2.918 (STA. 734+40.00) and 4.885 (STA. 838+23.00) as shown on the FDOT Contract Plans for Financial Project ID 435139-1-52-01 for Martin County Road 707.
The new Maintenance Map has been prepared for approval by the Board of County Commissioners and recording within County Records. The Deputy Public Works Director has verified the County has routinely maintained this corridor as depicted on the new Maintenance Map for over 15 years and the County Surveyor has reviewed the Maintenance Map. The road segment is in use by the public. The functional class is a minor arterial and is listed as an open road in the County’s Road Inventory.
Benefits:
Approving and recording of the Maintenance Map will establish prima facie evidence of the County’s ownership and maintenance of the rights-of-way and appurtenances thereto.
Martin County currently maintains the road with existing budgets, resulting in no additional financial burdens to the County.
ISSUES:
No adverse effects are prevalent to the adjoining private land ownerships. The County staff has worked directly with the Town of Jupiter Island staff and residents to keep them informed of the project and the filing of the Maintenance Map.
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 approve the Maintenance Map of SE Beach Road (CR-707) pursuant to the provisions of Section 95.361, Florida Statutes, and 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 $120.
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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