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County Administrator's Report 12. 4.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning the Adoption of a Maintenance Map for Salters Lake Road - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action concerning the adoption of a Maintenance Map for Salters Lake Road - approximately 3,490 feet in length (2,090 feet and 1,400 feet), being divided by a CSX Railroad Right-of-Way (100 foot right-of-way), lying east of North Century Boulevard, and being within Sections 7 and 8, Township 5 North, Range 30 West:
A. Adopt a Maintenance Map prepared by SurvTech Solutions, Inc., Project Number 20160144, for Salters Lake Road - approximately 3,490 feet in length (2,090 feet and 1,400 feet), being divided by a CSX Railroad Right-of-Way (100 foot right-of-way), lying east of North Century Boulevard, and being within Sections 7 and 8, Township 5 North, Range 30 West. The Map delineates the extent of County Maintenance to define County property in areas where the County maintains roads without having deeded right-of-way;
B. Approve said areas shown on the Maintenance Map for continued maintenance, pursuant to Florida Statutes, Chapter 95.361; and
C. Authorize the Chairman or Vice chairman to accept the Maintenance Map as of the day of delivery of the Maintenance Map to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute the Maintenance Map for recording at that time. |
| BACKGROUND: |
The County has maintained Salters Lake Road – approximately 3,490 feet in length (2,090 feet and 1,400 feet), being divided by a CSX Railroad Right of Way (100’ R/W), lying east of North Century Boulevard, and being within Sections 7 and 8, Township 5 North, Range 30 West, as depicted on the accompanying Maintenance Map, Project Number 20160144.
Chapter 95.361, Florida Statutes, asserts public ownership of certain rights-of-way maintained by the County (see attached). The statute - Roads Presumed to be Dedicated – contains three key qualifications, any of which may provide public ownership of the subject roads: (1) four years of uninterrupted maintenance, together with proof that the County originally constructed the road, (2) proof that the road was regularly maintained or repaired for the immediate past seven years by the County, or (3) a map filed in the office of the Clerk of Court reciting that the road has been vested in the County in accordance with either items (1) or (2) above.
Maintenance Map numbered 20160144, depicting the extent of county maintenance, was produced under the supervision of the County Engineer. By signing the map, the Road Maintenance Supervisor has certified that the County has maintained the road for more than the required seven years, and that the extent of maintenance shown is accurate. Based on archived records and personal experience, Road Division staff acknowledges continuous maintenance for over seven years. Upon approval by the Board, the Clerk of Court will file the map in the Public Records, as described in Florida Statutes, Chapter 95.361. |
| BUDGETARY IMPACT: |
| Indirect cost associated with preparation of required documents and recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Specific Purpose Survey has been prepared by SurvTech Solutions, Inc. and certified by Stacy L. Brown, PSM, Florida Registration No. 6516. The County Attorney’s Office has stated that because the map is a technical document rather than a legal document, it does not require legal sign off. |
| PERSONNEL: |
| All work associated with this request is being done in-house and no additional staff is required. |
| POLICY/REQUIREMENT FOR BOARD ACTION: |
| This Recommendation is based on the Board’s policy of doing no public maintenance on private property and Florida Statutes, Chapter 95.361. |
| IMPLEMENTATION/COORDINATION: |
| The Road Operations Division of the Public Works Department retains maintenance documents, and has reviewed and approved the Maintenance Map. |
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