Manatee County Government Administrative Center Manatee Room, Fourth Floor 1:30 p.m. - March 15, 2016

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1 Manatee County Government Administrative Center Manatee Room, Fourth Floor 1:30 p.m. - March 15, 2016 March 15, Afternoon Work Session Agenda Item #1 Subject Establishment of County Roads Briefings None Contact and/or Presenter Information Pamela J. D Agostino, Assistant County Attorney, Ext Action Requested REPORT: A presentation will be made by the County Attorney's Office, to the Board of County Commissioners, on the various ways that county roads are established (both traditional and non-traditional). Recent examples will be provided and discussed during the presentation. County Survey Division Manager, Todd Boyle, will follow with a presentation on the practical matters of surveying and how they relate to the establishment of county roads. Enabling/Regulating Authority Sections and (8) along with Chapters 73, 74, 127, 177, 334, 335 and 336, Florida Statutes. Chapter 18296, Laws of Florida (1937). Background Discussion During a Land Use Meeting held on October 1, 2015, the Board requested a work session on the topic of ownership of county roads. County Attorney Review Other (Requires explanation in field below) Explanation of Other This is a County Attorney item. Reviewing Attorney Palmer Instructions to Board Records N/A Cost and Funds Source Account Number and Name N/A

2 Amount and Frequency of Recurring Costs N/A Manatee County Government Administrative Center Manatee Room, Fourth Floor 1:30 p.m. - March 15, 2016

3 Establishment of County Roads Board of County Commissioners Work Session March 15, 2016

4 Public Roads Section (1), Florida Statutes: All roads which are open and available for use by the public and dedicated to the public use, according to law or by prescription, are hereby declared to be, and are established as, public roads.

5 Public Roads Section (2), Florida Statutes: Public roads shall be divided into four systems: (a) The State Highway System; (b) The State Park Road System; (c) The county road system; and (d) The city street system.

6 Chapter 336: County Road System Section , Florida Statutes: Designation of county road system. The county road system shall be as defined in s (8).

7 Section (8), Florida Statutes County road system means all collector roads in the unincorporated areas of a county and all extensions of such collector roads into and through any incorporated areas, all local roads in the unincorporated areas, and all urban minor arterial roads not in the State Highway System.

8 Section (22), Florida Statutes Road means a way open to travel by the public, including, but not limited to, a street, highway, or alley. The term includes associated sidewalks, the roadbed, the right-of-way, and all culverts, drains, sluices, ditches, water storage areas, waterways, embankments, slopes, retaining walls, bridges, tunnels, and viaducts necessary for maintenance of travel and all ferries used in connection therewith.

9 Section (21), Florida Statutes Right-of-way means land in which the state, the department, a county, or a municipality owns the fee or has an easement devoted to or required for use as a transportation facility.

10 Section (1)(a), Florida Statutes The commissioners are vested with the general superintendence and control of the county roads and structures within their respective counties, and they may establish new roads, change and discontinue old roads, and keep the roads in good repair in the manner herein provided. They are responsible for establishing the width and grade of such roads and structures in their respective counties.

11 Establishment of County Roads Traditional Ways: 1. Negotiated sale and purchase 2. Eminent domain 3. Long-term maintenance 4. Dedication and acceptance Nontraditional Ways: 1. Escheat 2. Murphy Act of 1937

12 Negotiated Sale and Purchase Title changes hands by way of a deed. Example: Manatee County seeks to purchase and Larry Landowner agrees to sell a section of land at an agreed upon price. Both the County and the landowner execute a contract to memorialize the terms. Larry Landowner executes a deed, which Manatee County accepts.

13 Negotiated Sale and Purchase On November 18, 2014, BCC approved execution of a contract to buy Parcel 100 from Audrey S. Kelley and Elaine Jeanne Kelley for $61, for the Fort Hamer Bridge roadway improvements on Upper Manatee River Road. Example

14 Parcel 100

15 On December 16, 2014, the Warranty Deed for this transaction was presented to the BCC and accepted. Warranty Deed

16 Eminent Domain Title changes hands by way of a Circuit Court Order of Taking pursuant to Chapters 73, 74 and 127, Florida Statutes. Example: After complying with all pre-filing conditions, Manatee County files a Petition in Eminent Domain. An Order of Taking is issued by the Court declaring that title shall vest in the County. The parties can stipulated to the issuance of this order or The Court must find that the County, through the presentation of evidence and testimony, has proven: The proposed taking is necessary for a project that is for a public purpose and The good-faith estimate of value contained in the Declaration of Taking is based on a valid appraisal.* *Only required in quick-take proceedings pursuant to Chapter 74, Florida Statutes.

17 Example Recent Petition in Eminent Domain In 2011, Manatee County filed suit against Citrus Grove Home Owners Association, Inc., to condemn Parcel 107 for the 44th Avenue East Road Improvement Project.

18 Parcel 107

19 Declaration of Taking & Order of Taking

20 Long-term Maintenance (as to roads originally constructed by a county) Title changes hands by operation of law pursuant to Section , Florida Statutes. Section (1), Florida Statutes, entitled Roads presumed to be dedicated provides: When a road, constructed by a county,... has been maintained or repaired continuously and uninterruptedly for 4 years by the county... the road shall be deemed to be dedicated to the public to the extent in width that has been actually maintained for the prescribed period, whether or not the road has been formally established as a public highway. The dedication shall vest all right, title, easement, and appurtenances in and to the road in [the county]. Example: Calhoun County had more than 4 years ago constructed a dirt road upon a landowners property and had since maintained the road. The road was, accordingly, a county road pursuant to this section. Lee v. Calhoun County, 532 So. 2d 43 (Fla. 1st DCA 1988).

21 Long-term Maintenance (as to roads NOT originally constructed by a county) Title changes hands by operation of law pursuant to Section , Florida Statutes. Section (2), Florida Statutes, provides: In those instances where a road has been constructed by a nongovernmental entity, or where the road was not constructed by the entity currently maintaining or repairing it, or where it cannot be determined who constructed the road, and when such road has been regularly maintained or repaired for the immediate past 7 years by a county,... such road shall be deemed to be dedicated to the public to the extent of the width that actually has been maintained or repaired for the prescribed period, whether or not the road has been formally established as a public highway.... The dedication shall vest all rights, title, easement, and appurtenances in and to the road in [the county]... whether or not there is a record of conveyance, dedication, or appropriation to the public use. Section (2) was enacted in 2003; today, no published opinions exist interpreting this portion of the statute.

22 Long-term Maintenance Florida courts have stated that as long as the County s maintenance is appropriate to the circumstances, then the statutory test is met. Div. of Admin., State, Dep t. of Transp. v. Ideal Holding Co., 427 So. 2d 392, 393 (Fla. 4th DCA 1983).

23

24 Example: Foy Road

25 Example: Foy Road

26 Example: Foy Road

27 Dedication and Acceptance Occurs through the recording of a plat. Title does not change hands, rather the County receives a permanent easement in trust for the benefit of the public. Verizon Wireless Pers. Commc ns, L.P. v. Sanctuary at Wulfert Point Cmty Ass n., Inc., 916 So. 2d 850, 855 (Fla. 2d DCA 2005.)

28 Example: Osprey Landing On February 23, 2016, BCC officially approved for recording this plat and accepted all offers of dedication contained within. The landowner, 117 Investments, LLC, dedicated to Manatee County the public rightof-way for: 11th Avenue East and 16th Street East. Osprey Landing subdivision, Plat Book 59, Pages

29 Osprey Landing

30 Osprey Landing

31 Osprey Landing

32 Another Example: Sapp On April 8, 2014, BCC officially approved for recording this plat and accepted all offers of dedication contained within. The landowner, Gerald L. Sapp, dedicated to Manatee County the easternmost 12.5 feet of his property for public right-of-way. Sapp subdivision, Plat Book 56, Pages Subdivision

33 Sapp Subdivision

34 Sapp Subdivision

35 Sapp Subdivision

36 Sapp Subdivision

37 Dedication and Acceptance (Common Law) Relevant Case Law: [T]he filing and recording of a plat amounts to an offer of dedication. Indian Rocks Beach S. Shore v. Ewell, 59 So. 2d 647 (Fla. 1952). The mere filing of a plat constitutes an effective offer to dedicate the streets contained therein, even though the plat contains no formal words of dedication. United States v Acres of Land, More or Less, in Brevard County, Fla., 307 F. Supp. 34 (M.D. Fla. 1968) aff d, sub nom. United States v Acres of Land, More or Less, in Brevard County, Fla., 418 F.2d 551 (5th Cir. 1969). The mere recording of a plat is an offer to dedicate the streets depicted thereon to the public. W. Hialeah Mfg. Co. v. City of Hialeah, 134 So. 2d 505 (Fla. 3d DCA 1961).

38 Dedication and Acceptance (Statutory Chapter 177, Florida Statutes) Section (2), Florida Statutes, entitled Dedication and approval provides: Every plat of a subdivision filed for record must contain a dedication by the owner or owners of record. This dedication must be executed by all person, corporations, or entities whose signature would be required to convey record fee simple title to the lands being dedicated in the same manner in which deeds are required to be executed.... Section (3), Florida Statutes: When a tract or parcel of land has been subdivided and a plat thereof bearing the dedication executed by the owners of record... and when the approval of the governing body has been secured and recorded in compliance with this part, all streets, alleys, easements, rights-of-way, and public areas shown on such plat, unless otherwise stated, shall be deemed to have been dedicated to the public for the uses and purposes thereon stated. However, nothing herein shall be construed as creating an obligation upon any governing body to perform any act of construction or maintenance within such dedicated areas except when the obligation is voluntarily assumed by the governing body.

39 Escheat to a County Section (8), Florida Statutes, entitled Application for obtaining tax deed by holder of tax sale certificate; fees, provides:... Three years after the day the land was offered for public sale, the land shall escheat to the county in which it is located, free and clear. All tax certificates, accrued taxes, and liens of any nature against the property shall be deemed canceled as a matter of law and of no further legal force and effect, and the clerk shall execute an escheatment tax deed vesting title in the board of county commissioners of the county in which the land is located....

40 Murphy Act of 1937 Title changes hands by way of a quitclaim deed from the Florida Department of Environmental Protection Chapter 18296, Laws of Florida (1937), is known as the Murphy Act. The Act provided for forfeiture of lands for nonpayment of property taxes. Tax certificates were issued to landowners who failed to pay their taxes. If the taxes were not paid by the deadline, title to the land went to the State. These lands are now administered by the Board of Trustees. There are many small Murphy Act parcels scattered about the state which are offered for sale as surplus. When a property is no longer needed by the state, it is first offered to state universities, Florida college system institutions and state agencies for leasing, and then to the local government where the property is located for sale.

41 Murphy Act

42 Murphy Act

43 Murphy Act

44 Establishment of County Roads Questions?

45 Establishment of County Roads Practical matters of Survey

46 The public needs maps that identify the location of County rights-of-way that: (1) Have been accepted by the Board of County Commissioners; (2) Are readily available public records; (3) Have clear geometry and capable of being retraced by subsequent surveys of that right-of-way and adjacent lands. (4) Settles the location of maintenance limits confusion or uncertainty.

47 When no maps exist identifying the location of public rights-of-way, it is the private property owner who must bear significantly greater costs related to an accurate survey. Private property owners are additionally burdened with a high degree of uncertainty that the lines are fixed in position if the County has not agreed to the location of the line and a map recorded. Road Plats accepted by the Board and Recorded relieve these burdens.

48 The selection of a right-of-way in need of a Road Plat is determined by Public Works Department and is usually related to pressing / unique issues related to that particular roadway for that particular time, or for future project design.

49 There are many County roads for which no right-of-way maps exist. For example: Whitfield Avenue, Riverview Boulevard, Rye Road, or Bayshore Road, - through Rubonia (Old US 41 which was a former FDOT right-of-way). There are County rights-of-way with Road Plats recorded, but are quite old and potentially do not represent the current limits of maintenance. For example: Verna Bethany or Prospect Road.

50 There are County roads that were mapped but the maps were never submitted to the Board for acceptance, and never recorded. For example: 30 th Avenue West, 9 th Avenue West, or Palma Sola Boulevard. There are County Roads with maps that were transferred to the County from the Florida Department of Transportation. For example: Ellenton-Gillette Road, or Warner Bayou Bridge.

51 The following Road Plats have been created by the Survey Division and recorded since 2007: Sixby Road Revel Road 121 St Ave East (Parrish) Intersection of Cortez Road and 5 th Street West 39 th Street East Harllee Road 44th Ave East 1st to 15th Street East Circus Road Bayshore Road (Palmetto) 17 th Street to Business 41 O Neil Road

52 Florida Statutes and the Florida Administrative Code offer little direction for what right-of-way maps should look like, or their content in representing the location and final determination of the right-of-way. To address this lack of clarity and create a consistent standard, Road Plat Guidelines have recently been developed by the Survey Division. The Guidelines have been provided to the County s survey consultants for peer review as well as the County Attorney s Office.

53 Procedurally, once it has been decided which right-of-way is in need of a Road Plat, Public Works assists the surveyor who will prepare the map with a field determination of the limits of County maintenance by the Area Maintenance Supervisor.

54 The Surveyor establishes on-site control to take measurements and surveys the most outward limits of the maintained right-of-way.

55 The next step is for the Surveyor to compare the available records with the delineated limits of maintenance. Generally, the County will hold the location that provides the greatest benefit to the public for that particular section of the roadway.

56 Once the map is prepared, the Area Maintenance Supervisor reviews the map to confirm that the location of the maintained right-of-way has been correctly identified. Additionally, the Area Maintenance Supervisor affirms by recorded Affidavit that the County has maintained the right-of-way for the statutory period of time.

57 By the new standards established with the Road Plat Guidelines, the map will then reviewed by a second surveyor. When the map is finally complete, the surveyor prints the Road Plat on Mylar which is processed by the County to be placed on the Board s Agenda for approval. Once approved, the map is delivered to the Clerk of the Circuit Court for recording.

58 Since approximately 2011, Road Plat records have been available on-line.

59 With the Road Plat recorded, the public has access to the records on-line through the Clerk of the Circuit Court. Should it become necessary for the County to construct improvements or acquire additional right-of-way, the recorded Road Plat provides the basis of efficient and cost effective work in the future.