Public Right-of-Way (ROW) has been recorded by either the County or one of its consultants for many years. Surveys can positively identify the limits of ROW that the County maintains or other recorded information. They provide necessary information when planning to propose or design future improvements. At other times, surveys are used to geographically document the location of ROW.
The ROW must be maintained for the statutory time period (see Chapter 95.361 F.S. if maintenance is being claimed) and the location of limits for maintenance identified by a Manatee County Maintenance Supervisor or designee. The supervisor/designee has or will prepare an affidavit, which is recorded with the Clerk of the Circuit Court, and positively affirms that maintenance has been undertaken for the appropriate number of years by the County.
Road Plats are maps also recorded with the Clerk and positively identify the location of ROW. It is common for these maps to be a mixture of source documents that include subdivision plats, adjacent property deeds, and limits of maintenance by the County.
In general, when there is conflicting information, the County will hold the line that provides the greatest benefit to the public. Surveying projects like ROW typically require survey control points set randomly by the Surveyor along the entire length of the project. These control points do not identify where the maintained ROW is located, but are temporary points from which surveyors take their measurements. Control points are chosen to give the surveyor the best location with the most opportunity for measurements. At the end of the project, control point stakes are removed from the site.