PLACEMENT: Consent
TITLE:
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APPROVAL OF A MAINTENANCE MAP FOR A PORTION OF SE MACARTHUR BOULEVARD (SOUTH HUTCHINSON ISLAND)
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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 MacArthur Boulevard (on South Hutchinson 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.
The Maintenance Map for the 6,200 feet of SE MacArthur Boulevard lying north of Sailfish Point Community on Hutchinson Island 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 SE MacArthur Boulevard consists of a meandering paved road between the ocean and the Indian River Lagoon. Beginning at the Sailfish Point community north to a point approximately one mile south of State Road A1A (SE Ocean Boulevard). An existing Maintenance Map was recorded June 13, 1979 in Public Records as Plat Book 7, Page 84 and the road segment has been continuously maintained by the County since 1960 as indicated on said Maintenance Map.
The storm events in 2004 caused severe damage to the road infrastructure and brought to light various inequities in the existing Maintenance Map and County jurisdictional limits for this corridor. As a result of emergency public road and utility improvements, combined with continued non-interrupted maintenance by the County for over ten years, a survey was performed and a Maintenance Map prepared. The road segment has been under continual maintenance by Martin County and is in use by the public. The functional class is a major collector 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 burden to the County.
ISSUES:
No adverse effects are prevalent to the adjoining private land ownerships. Nevertheless, the Public Works Department has notified the adjoining owners by mail of the intent to approve and record 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 approve the Maintenance Map for the 6,200 feet of SE MacArthur Boulevard lying north of Sailfish Point Community on South Hutchinson Island pursuant to the provisions of Section 95.361, Florida Statutes, and authorize the Chairman to execute the Maintenance Map cover sheet for subsequent recordation in the public records.
ALTERNATIVE RECOMMENDATIONS
Pull this item from the Consent Agenda.
Do not approve the Maintenance Map, state a reason for such disapproval, and provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
a. Martin County currently maintains this roadway. No additional financial maintenance burden will be incurred by the acceptance of the Maintenance Map.
b. Reproduction and recording/filing cost approximately $350.
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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