July 2012 - FSMS

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SURVEYORS & MAPPERS IN GOVERNMENT by Joe Stokes As surveyors and mappers in government, we should be familiar with the various methods of establishing land use within our jurisdictions and how they are officially established. I believe there are far more uses and methods of establishment than most of us are aware of. Last month, I discovered a new one that I was completely unaware of and would like to share it with you, as I see many uses for the instrument. Public Roads are created by a number of legal instruments that most of us are familiar with such as dedication by subdivision plats, official right-of-way maps, fee simple deeds, and ingress, egress and access easements, road plats based upon maintenance and some are just out there still developing rights and waiting to be discovered! Government entities are likely to own large tracts of land that may or may not have public use associated within the tracts. Those lands are also likely to be described by metes and bounds descriptions based upon the original government township plats or with descriptions by reference to recorded subdivision plats created for land uses such as single family lots. The tract of land may have served a public use many years ago and is now restricted to utility infrastructure or occupied by various governmental departments or operations. Based upon a section of Chapter 95 Florida Statutes* ANY existing roads constructed by a government entity may be a “Public Road”. That fact may be unwelcome to some of your leaders. Well I believe the legal instrument I was completely unaware of and so graciously introduced to by Dann Mckee, Orange County Surveyor may provide a simple way to change or redefine the use of portions of land within the parent parcels. His government entity has been defining land uses with it for some time now. *95.361 Roads presumed to be dedicated. (1) When a road, constructed by a county, a municipality, or the Department of Transportation, has been maintained or repaired continuously and uninterruptedly for 4 years by the county, municipality, or the Department of Transportation, jointly or severally, 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: (a) The county, if it is a county road; (b) The municipality, if it is a municipal street or road; or (c) The state, if it is a road in the State Highway System or State Park Road System, whether or not there is a record of a conveyance, dedication, or appropriation to the public use. The title of the instrument is “NOTICE OF RESERVA- TION” ( not to be confused with right-of-way reservations noted upon subdivision plats) and recorded in the official record books of Orange County. The particular sample Dann provided me with was used to define the realignment of a road on County Property. The document includes qualifying language such as: “Hereby reserves a right-of-way for roadway purposes in perpetuity on the following property.” and: “The County shall retain its right-of-way interest despite any transfer of fee title.” The document included a sketch of description prepared by a local surveyor defining the limits of the defined “Land Use.” I believe the language could be developed in this type of recorded instrument that could serve a multitude of land use purposes upon our government’s properties and shared the instrument with our staffs. What appealed to me was the simplicity of the instrument as compared to creating large scale maps and plats to define and record right-of-ways in the public records. However I am not an attorney nor am I a Planner. So having said that let me hear from you regarding this subject. I am interested to find out if other governmental entities are using these types of documents to define specific land use upon their properties. joe.stokes@cityoforlando.net The Florida Surveyor July 2012 10
Rick Pryce is finally a Grandpa! Rick Pryce’s daughter, Summer, and her husband, Jimmy, had their first child May 26th. We’re having fish tonight! Jack & Kristi Breed in the Keys with their catch. Send us your photos! Send them to programs@fsms.org. The Florida Surveyor July 2012 11
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July 2012 - FSMS

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