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County Administrator's Report 9. 7.
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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 a Portion of County Road 99 (Beulah 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 a portion of County Road (CR) 99 (Beulah Road) – approximately 1,100 feet in length, lying northerly from the intersection of said Beulah Road and Mobile Highway, and being within Sections 7, 8, 17, and 18, Township 1 South, Range 31 West:
A. Adopt the Florida Department of Transportation Maintenance Map F.P. No. 4367241, for a portion of CR 99 (Beulah Road) – approximately 1,100 feet in length, lying northerly from the intersection of said Beulah Road and Mobile Highway, and being within Sections 7, 8, 17, and 18, Township 1 South, Range 31 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 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, for many years, maintained a portion of CR 99 (Beulah Road) – approximately 1,100 feet in length, lying northerly from the intersection of said Beulah Road and Mobile Highway, and being within Sections 7, 8, 17 and 18, Township 1 South, Range 31 West, as depicted on the accompanying Florida Department of Transportation Maintenance / Right of Way Control Map F.P. No. 4367241.
Chapter 95.361, Florida Statutes, 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. 4367241, depicting the extent of county maintenance, was produced under the supervision of the Florida Department of Transportation. By signing 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 four years and originally constructed said road, and that the extent of maintenance shown is accurate. 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, preparation of required documents, and recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Maintenance / Right of Way Control Map has been prepared and certified by Eric B. Stuart, PSM, Florida Registration No. 6707. 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: |
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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