Subject:
Title
Approval, Re: Resolution and Maintenance Map for a portion of Irwin Avenue between Tax Parcel Identification Number 21-35-05-00-257 and Tax Parcel Identification Number 21-35-05-00-255 - District 1.
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Fiscal Impact:
None
Dept/Office:
Public Works Department / Land Acquisition
Requested Action:
Recommendation
It is requested that the Board of County Commissioners adopt and authorize the Chair to execute: 1) the Resolution, 2) Maintenance Map, 3) any other documentation to effectuate the change, including, but not limited to, addressing any issues with or scrivener’s errors on said maps, and 4) authorize staff to record the Resolution and the Maintenance Map.
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Summary Explanation and Background:
The subject property is located in Section 5, Township 21 South, Range 35 East, Irwin Avenue in Mims.
In accordance with the requirements of Section 95.361 of the Florida Statutes, the Resolution and Maintenance Map requires signatures of the Board of County Commissioners and the Clerk of the Circuit Court for recording purposes.
The Irwin Avenue Maintenance Map was prepared by Joseph Barry Cabaniss, P.L.S. 4524 and reviewed by Marc E. Bernath, Public Works Director and Susan G. Jackson, Assistant Public Works Director and Road and Bridge Manager. Additional information was also verified through an affidavit by Ryan Mertz, Public Works Road and Bridge Maintenance Manager, as it pertains to verifying the limits of the maintained right of way line based on a site inspection. The map represents a portion of Irwin Avenue between Tax Parcel I.D. #21-35-05-00-257 and Tax Parcel I.D. #21-35-05-00-255.
The portions of maintained right of way, shown on the Maintenance Map, are supported by road maintenance logs that date back to 1972, whereby the Brevard County Public Works Department has maintained 50 feet more or less of a ditch and graded the dirt road. This area shall be dedicated to the public to the extent of the width that has been maintained or repaired for the prescribed period, furthermore, the rights, title, easements, and appurtenances to the land as described on this Map shall be vested in Brevard County.
Under Florida law, the County’s act of regularly maintaining and/or repairing Irwin Drive continuously and uninterruptedly for at least the immediate past 7 years has already resulted in it being deemed to be dedicated to the public. The purpose of filing this Maintenance Map is to enumerate and document the County’s specific ownership boundaries such that adjacent owner Posk Land II, LLC, related to application number 23SD00007, for Orchard View Subdivision, can pave this segment of the road for public use. No private property rights along this portion of Irwin Avenue are impacted as a result of the filing of this map as the north limits are not owned by the adjacent property owners and the south limits are being provided by Posk Land II, LLC through the dedication process.
The User Department approves this request and recommends that the Board file the Maintenance Map in a Road Plat Book and record the Resolution in the Official Records of Brevard County, Florida in order to recognize the County's rights to portions of the Irwin Avenue right-of-way.
The maintenance map follows the policies and procedures as set forth in Administrative Order 37.
Clerk to the Board Instructions:
Upon execution by the Chair, the Public Works Department will make arrangements to pick up the original executed Maintenance Map and original executed Resolution from the Clerk’s office.