Subject:
Title
Approval, Re: Resolution and Phase One Maintenance Map for a Portion of Hammock Road Right-of-Way Approximately Seven Hundred Thirty-Three Feet (733.00’) South from the Intersection of Lionel Road and Hammock Road Located in Unincorporated Brevard County - District 1
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Fiscal Impact:
Cost of Recording Maintenance Map
Dept/Office:
Public Works Department / Land Acquisition Office
Requested Action:
Recommendation
It is requested that the Board of County Commissioners adopt and authorize the Chair to execute:
1) The Resolution;
2) The Phase One Hammock Road Maintenance Map;
3) Any other documentation to effectuate the maintenance map process, including, but not limited to, addressing any issues with or scrivener’s errors on said map;
4) and authorize staff to record the Resolution and the Phase One Hammock Road Maintenance Map.
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Summary Explanation and Background:
The subject property is located in Section 05, Township 21 South, Range 35 East, south of Lionel Road in Unincorporated Brevard County - District 1.
In accordance with the requirements of Section 95.361, Florida Statutes, the Resolution and the Phase One Hammock Road Maintenance Map require signatures of the Chair of the Board of County Commissioners and the Clerk of the Circuit Court for recording purposes. Due to limited resources, the Brevard County Public Works Department has determined it to be in the County’s best interest to handle the maintenance map efforts along Hammock Road in a phased approach. This portion of Hammock Road is the first phase of completing maintenance maps along this segment of Hammock Road. The County does not waive or otherwise forego any claims with respect to Hammock Road by taking this approach; the Public Works Department will be processing future maintenance map segments for Hammock Road as necessary.
The Phase One Hammock Road Maintenance Map was prepared by Thomas J. Croonquist, Brevard County Surveyor, and reviewed by Marc E. Bernath, Brevard County Public Works Department Director, and Ryan Mertz, Brevard County Public Works Department Road and Bridge Program Manager. Additional information was also verified through an affidavit by Ryan Mertz, Brevard County Public Works Department Road and Bridge Program Manager, as it pertains to establishing the limits of the maintained right-of-way line(s) based on a site inspection and review of historical records. The Phase One Maintenance Map represents that portion of Hammock Road from the intersection with Lionel Road south an approximate distance of Seven Hundred Thirty-Three Feet (733.00’) located in Unincorporated Brevard County - District 1.
The portions of maintained right-of-way shown on the Maintenance Map are supported by the attached road maintenance logs that date back to 2013, whereby Brevard County has maintained and/or repaired the existing road, official traffic control devices, and associated roadside swales and/or ditches, and other associated structures and facilities continuously and uninterruptedly for at least the immediate past seven (7) years.
The area indicated on the Phase One Hammock Road Maintenance Map shall be dedicated to the Public to the extent of the width that has been maintained and/or repaired for the prescribed period. Furthermore, the rights, titles, easements, and appurtenances to the land as described on the Phase One Hammock Road Maintenance Map shall be vested in Brevard County.
Under Florida law, the County’s act of regularly maintaining and/or repairing Hammock Road continuously and uninterruptedly for at least the immediate past seven (7) years has already resulted in Hammock Road being deemed to be dedicated to the public. In this case, the County’s Road maintenance and/or repair efforts on Hammock Road date back to at least 2013 based on available records. The purpose of filing the Phase One Hammock Road Maintenance Map is to numerate and document the County’s specific ownership boundaries on this segment of Hammock Road.
The User Department approves this request and recommends that the Board adopt, execute, file, and record the Phase One Hammock Road 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 such portions of the Hammock Road right-of-way.
This acquisition 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 Phase One Hammock Road Maintenance Map and original executed Resolution from the Clerk’s office.