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County Administrator's Report 11. 4.
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| BCC Regular Meeting |
Technical/Public Service Consent |
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| RECOMMENDATION: |
Recommendation Concerning Adoption of a Maintenance Map for a Portion of Patricia Drive in Myrtle Grove, Florida - Joy D. Blackmon, P.E., Public Works Department Director
That the Board take the following action concerning adoption of a Maintenance Map for a portion of Patricia Drive in Myrtle Grove, Florida:
A. Adopt Florida Department of Transportation Maintenance Map F.P. No. 4304721, for a portion of Patricia Drive (approximately 140 feet in length), going north off of West Fairfield Drive and located east of Blue Angel Parkway in Myrtle Grove, Florida. This Map delineates the extent of County maintenance to define County property in areas where the County maintains roads without having deeded right-of-way and is meant to supersede the Maintenance Map recorded in Right-of-Way Map Book 2, at Pages 46 and 46A;
B. Approve said areas shown on the Map for continued maintenance, pursuant to Florida Statutes, Chapter 95.361; and
C. Authorize the Chairman or Vice Chairman to accept the Map as of the day of delivery of the Map to the Chairman or Vice Chairman, and authorize the Chairman or Vice Chairman to execute the Map for recording at that time. |
| BACKGROUND: |
The County has maintained a portion of Patricia Drive (approximately 140 feet in length), north off of West Fairfield Drive and located east of Blue Angel Parkway in Myrtle Grove, Florida, as depicted on the accompanying map, numbered F.P. No. 4304721. Chapter 95.361, Florida Statutes, and asserts public ownership of certain rights-of-way maintained by the County (see Attachment 1).
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.
Map numbered F.P. No. 4304721, depicting the extent of County maintenance, was produced under the supervision of the Florida Department of Transportation. By certifying the map, the Chairman of the Escambia County Board of County Commissioners 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 acknowledge 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 Statues, Chapter 95.361. |
| BUDGETARY IMPACT: |
| Indirect staff cost associated with field surveys and preparation of required documents and recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Maintenance/Right of Way Control Survey has been prepared and certified by Byron Faircloth, PSM, Florida Registration No. 6764. 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 on Florida Statutes, Chapter 95.361. |
| IMPLEMENTATION/COORDINATION: |
| Upon Board approval and execution, the map will be filed by the Clerk in the Public Records with similar approved Road Maintenance Maps. The Public Works Department, Roads Division retains maintenance documents, and has reviewed and approved the Maintenance Map. |
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