|
Back to Calendar
Return
|
| |
County Administrator's Report 13. 4.
|
| BCC Regular Meeting |
Technical/Public Service Consent |
|
|
|
| RECOMMENDATION: |
Recommendation Concerning the Adoption of a Maintenance Map for a Portion of Untreiner Avenue - 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 Untreiner Avenue – approximately 5,000 feet in length, lying between West Detroit Boulevard and Nine Mile Road, and being within Sections 10 and 11, Township 1 South, Range 30 West:
A. Adopt a Maintenance Map prepared by Pittman, Glaze and Associates, Inc., File Number C-7453 (Job Number 36759-16), for a portion of Untreiner Avenue – approximately 5,000 feet in length, lying between West Detroit Boulevard and Nine Mile Road, and being within Sections 10 and 11, Township 1 South, 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 Map for continued maintenance, pursuant to Florida Statutes, Chapter 95.361; and
C. Authorize the Chairman to accept the Map as of the day of delivery of the Map to the Chairman and authorize the Chairman to execute the Map for recording at that time. |
| BACKGROUND: |
The County has maintained a portion of Untreiner Avenue – approximately 5,000 feet in length, lying between West Detroit Boulevard and Nine Mile Road, and being within Sections 10 and 11, Township 1 South, Range 30 West, as depicted on the accompanying Map, File Number C-7453 (Job Number 36759-16) - for the past seven years.
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, File Number C-7453 (Job Number 36759-16), 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 Statues, Chapter 95.361. |
| BUDGETARY IMPACT: |
| Indirect cost associated with field surveys, preparation of required documents, and recommendation. |
| LEGAL CONSIDERATIONS/SIGN-OFF: |
| The Specific Purpose Survey has been prepared by Pittman, Glaze and Associates, Inc. and certified by Walter J. Glaze, PSM, Florida Registration No. 6190. 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. |
|
|
|
|