| | | | | | | | | TOWN OF DAVIE
TOWN COUNCIL AGENDA REPORT | | | |
| | | | | | | | | | To: | Mayor and Councilmembers | | From: | Jonathan Vogt, P.E., Town Engineer | | Prepared By: | Abidemi Ajayi, P.E., Assistant Town Engineer - Engineering | | Subject: | Resolution | | Affected District: | District 2 | | Item Request: | Schedule for Council Meeting | | Title of Agenda Item: | MAINTENANCE MAP - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA, AUTHORIZING THE APPROPRIATE TOWN OFFICIALS TO CERTIFY AND FILE A RIGHT OF WAY MAINTENANCE MAP PURSUANT TO FLORIDA STATUTE SECTION 95.361(3) AS PRIMA FACIE EVIDENCE OF OWNERSHIP OF THAT CONSTRUCTED PORTION OF SW 82 AVENUE AS SHOWN IN THE ATTACHED RIGHT OF WAY MAINTENANCE MAP; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. | | Executive Summary: | The portion of SW 82 Avenue shown in the attached right of way maintenance map has been properly occupied by the Public Works, Police and Fire-Rescue Departments and a search of the public records of Broward County, Florida reveals that the Road has not been formally conveyed as a public road. There is no record of a deed, dedication or appropriation of the Road to the public use. The Town of Davie has regularly maintained or repaired the Road for the immediate past seven (7) years for use by the public for public transportation purposes. Florida Statute Section 95.361(2) states that, when a road has been regularly maintained for the immediate past seven (7) years by a municipality, such road shall be deemed to be dedicated to the public, and said dedication shall vest all rights, title, easements and appurtenances in and to the road in the municipality. Florida Statute Section 95.361(3) states that the filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the lands and reciting on it that the road has vested in a municipality in accordance with subsection (2), duly certified by the mayor and clerk of the municipality, shall be prima facie evidence of ownership of the land by the municipality. The attached Right of Way Maintenance Map complies with the requirements of Florida Statute Section 95.361(3), and upon filing, will be prima facie evidence of ownership of the Road. | | Key Points: |
- The portion of SW 82 Avenue shown in the attached right of way maintenance map has been properly occupied by the Public Works, Police and Fire-Rescue Departments and a search of the public records of Broward County, Florida reveals that the Road has not been formally conveyed as a public road.
- There is no record of a deed, dedication or appropriation of the Road to the public use.
- The Town of Davie has regularly maintained or repaired the Road for the immediate past seven (7) years for use by the public for public transportation purposes.
- Florida Statute Section 95.361(2) states that, when a road has been regularly maintained for the immediate past seven (7) years by a municipality, such road shall be deemed to be dedicated to the public, and said dedication shall vest all rights, title, easements and appurtenances in and to the road in the municipality.
- Florida Statute Section 95.361(3) states that the filing of a map in the office of the clerk of the circuit court of the county where the road is located showing the lands and reciting on it that the road has vested in a municipality in accordance with subsection (2), duly certified by the mayor and clerk of the municipality, shall be prima facie evidence of ownership of the land by the municipality.
- The attached Right of Way Maintenance Map complies with the requirements of Florida Statute Section 95.361(3), and upon filing, will be prima facie evidence of ownership of the Road.
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| | | | | | | | | | Fiscal Impact: | | | Has request been budgeted? | N/A | | If yes expected cost: | | | Account name and number: | | | If no, amount needed: | | | Account name funds will be appropriated from | | | Additional Comments | |
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| | | | | | | | | | Recommendation: | Motion to approve |
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Strategic Goals This Item Supports:
Respecting and promoting Diverse and Sustainable Community and Neighborhood Value with consideration of our historic roots, Commitment to Customer Satisfaction, Dedication to Excellence in Service Delivery, Creating an Environment that is Conducive to Innovation, Creativity, and Collaboration, Nurturing the health, safety, and welfare of the community
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