Resolution 640-2023 , ' f✓YtrF
2 W
3 RESOLUTION NO. 640 -2023
4
5 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A
6 PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
7 OF A PORTION OF THE MONROE COUNTY RIGHT-OF-WAY
8 SITUATED AT, ABOUT, OR ON EAST FIRST STREET, AS SHOWN ON
9 THE PLAT OF MANDALAY SUBDIVISION, PLAT BOOK 1, PAGE 194,
10 BOUNDED ON THE NORTHWEST BY BLOCK 2, BOUNDED ON THE
11 NORTHEAST BY EAST FIRST STREET, BOUNDED ON THE
12 SOUTHEAST BY BLOCK 3, AND BOUNDED ON THE SOUTHWEST BY
13 SECOND AVENUE; AND A PORTION OF THE MONROE COUNTY
14 RIGHT-OF-WAY SITUATED AT, ABOUT, OR ON EAST SECOND
15 STREET, AS SHOWN ON THE PLAT OF MANDALAY SUBDIVISION,
16 PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY BLOCK
17 3, BOUNDED ON THE NORTHEAST BY EAST SECOND STREET,
18 BOUNDED ON THE SOUTHEAST BY LOTS 1-8, BLOCK 4, AND
19 BOUNDED ON THE SOUTHWEST BY EAST SECOND AVENUE,
20 SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, KEY LARGO,
21 MONROE COUNTY, FLORIDA.
22
23 WHEREAS, an application was filed by Smith Hawks, on behalf of My Family Trust and
24 Key Marina Development, LLC, requesting for the Monroe County Board of County
25 Commissioners ("Monroe County" or the "County") to vacate and abandon portions of Monroe
26 County's right-of-way situated as more particularly described below; and
27
28 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
29 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly
30 consider renouncing its rights to the instant Monroe County right-of-way after publishing due
31 notice of said hearing in accordance with said Chapter; and
32
33 WHEREAS,the Monroe County Board of County Commissioners desires to hold a public
34 hearing to decide whether to vacate said portion of Monroe County's public right-of-way;
35
36 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
37 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
38
39 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as
40 if fully set forth herein.
41
42 Section 2. The Board of County Commissioners of Monroe County, Florida,will hold
43 a public hearing on January 31, 2024, at the Marathon Government Center, 2798 Overseas
File 2021-114 Page 1 of 3
I Highway,Marathon,Monroe County,Florida,to determine whether or not to vacate the above-
2 referenced and more particularly described below right-of-way held by Monroe County, more
3 particularly described as follows, to wit:
4
5 THE P UBLIC RIGHT OF WAY DESCRIBED AS:
6
7 Legal description of each rigt-of-way area:
AREA NO, I
That portion of Last Land Street extending over and accross the North 50 feet of Lots 3, 4,5,fad„ 7'and'8, Ellock 4, of "MANDALAY",
according to the 1plat thereof, as recoided lin Pl'iat Hook 1, loage 19,4, of the Pubfic Records of Monroe Courity, Florida Saud portion
of East 2nd Street belng bounded on (fie Niorth by the Southerly boundary line of Block 3,of MANDALAY, according to the plat
thereof,a5 recorded ki Plat Book 1, Page 194, of the Public Records of Monroe COUIlly, Florida,hounded on tiro South by the
Northerly boondary fine of said Block 4, bow-ided on the wrist by the extension of the Sorithwestefly,line of said 1,ot 3,,brXinded on
8 the East by the extension of the Northeasterly lino of said Lot 8 Contafningi approximately 15,(X')D sq ft
Metes and Bounds, Legalp Oescrlptfon�
Begin at the Southwesterty coiner ckf t or 3, Bill 4, of "MAINDALAY",
according to the plat thei,eaf, as recorded iru Fliat Book 1, Page 194,
of the Pubric,Records of fdwroe County, Florida, thence run N144'22"00"'E
arnng the Northerly Rrght of Way 4ne of said Block 4,fm a diMancta of
',W0 00'lo a paint,said pohit also being the Nofthwasteffy corner of 1,of 8,
Bbei(4,of:"MANDM,AY'",accordlirig to the pill theirsof, as recorded Or
Plat Book 1, Page, 194,of the Puil'Alc Records of Monroe County,rloriida�
fQjr a drSia�IjCe of,%00'10 a
thence ilun N45*41'15 W point on the
Southertly Rlglrit-ol`-Way inie of Mack 3,o'll MANDALAY",accortfirry to(fie
prat thereof, as recorded Hi Plat Book 1, Page 194,of the VIUblic Records
of Monroe County, Flcrrkla;thence fern S44`22'00'Vii for a distance of
300 010'arong 1he Southerly Mght-of-VVary 4no of sAd No4 3 to as rroint,
9 therce run S45'41"I VIE frog a 6staince of 50 010'to the Point of Beflinning
10
AREA NO. 2
That portion of East 2nd Street extending over and aconoss,the North 50 feet of LAots I and 2,Biock 4, of "MANDALAY",according
to the plat thereof, as recorded in Plat Book, 1,Page, 194, of the Psjbhc Records of Monroe County,Florida. Said poilion of
F,ast 2nd Street being borinded on flie Norlh Ihy the Swtherry boundary,lirip,of f3lock 3,of MANDALAY,arc ord,ing to the plat thereof
as recorded in Plat Book, 1, Page '194,of the Public Records of Monroe County, Florida, bounded orr the Sooth by the Northerly
boundary line of said Ifflock,4, bounded on,the West by the extension�of the Southwesterly Vine of said Lot 1, bounded on the East
11 by the extension of the Noitheastefly firre of said Lot 2. Containing appwximately 6,,557 sq.1t,
Metes and Bounds Legal Description:
Fregin al the Noilhwesl corner of Lot 2,Block 4,of "MANDALAY", accoicling to lhe plat thereof,as recorded in 1"hit Kook 1, Page 194,of the
Pubkc Records of Monroe County, Florida,lhenr is run N45'41 V1 5"VV for a distance of 50.00'to a pomt on the Southertly Right-of-Way rine of
Black 3,of."MANDALAY", according to the plat thisroof,as recorded m Plat Book 1, Page 1g4,of the Putflic,IRecoirds of Mcnrcue County,Florida;
thence runS44*22'00 VV along Ojie Soutiredy Rlght-&-Way brie of said Mock 3,for a drstance of 100 75" to a P�rjirjf()I langeirlCy lrjf a a;�Jlr(A411ar f;"rVe'
lhence Southwesterly Wong said CLINO concave to the Norlhi and havOrg for its elements a iadrus of 25,00'a cerilial anglie of 90'00'(Xl" and an arc
larqih,of 39 27'tin a point of cusp on a line, saiiid Brae heing 30.00'North of and parrallier to the cunledrne,of Band Averwe,thence rwin S45'38'00''F
allong said Northedy R'gh' of Way line of:sald 2nd Avemm for a&siance 100 Mrs a point of ousin of a circular curve,thence Northeasterty along
said curve cxnicave le)the Fasoian(j toving for its elenrenis a rsdkm of 2g 010'a central angle of 90'5 Y00"and an arc length cf3,9,27'to a point of
tangency on the futirthwesteriy Nne of said Blnci<4 lhence r"n N44'22"i)OT along said Northerty Rgin-of-Way kne of saidl Block 4,for a dislance
12 of 100 810'to lhe P&nf of Fiettlnringi
13
A13EA NO 3
That portion of Last 1st SIreet extending over anrfiscrross the fioulh 5l)feet of 1 ots 30, 31,321and 33,Block 2,of "MANI)ALAY",
accor&rg to the plat thereof,as recorded in Flat Book 1, Page 194,(it the Public Records of Monroe Cotrnty, f"lorida. Said Portion
of Fast I st Street being borvided on the North by the SOUtherly 11OL111dary l4ie of f3lock 2,of MANDALAY,accoirrIling to(fie plat
lheieot,as recorded in Plat Book 1, Page '194,of the Public Records of Monroe County, Florida, bounded or)the SOLith by,the
Northedy boundary line of said Block 3, bounded on lhe West by the extension of the Sotithwesledy line of said Lot 33,bowided
14 on the East by the extension of the Northeasterly line of sard Lot 30. Containing approxernately d0,268 sit ft.
File No. 2023-147 Page 2 of 3
Metes and Bounds LegM Doscriphow
yfequn at the Nort1waMe0y corrief of V nt 30 Mock 2,of "MANDMAY",acarrdmg to,the plit 0wereof,as fwzrded un 91W Book 1,Page 994 offtw
Pubric Recwdv,of Monrcw Counly F Wldi,tP enc urun C,44`2210"W Mong I*Souther fly RWit of,%Nay him of Block 2,of WANDM AY",
"c"),Wwq to"'re t'Aat there-of as tecoWod w NO Rocpk 1,P8ge I rM Of flhO PUNtc Records of Monroe Counly,r1ortda for as distance rJ 175 00'to
as povwl of langency of a cuctAw wove the nov Sa.wthw"Wwty akmg swiJ cuive concove to the No1h and hav�g for 4As Oeommfs a radkis 026 00'
a reMral angle of 500'00'00"and ar PArc Wng h of 39 27 W a parM of mmp on a law sold h*bevlg 30 00' Nonh of and pwatlO to the Lentedwe of
2nd Avenue, riuru S45'18'00T as ng sawJ Norlhw)r P�jht-of-Way Kne of sad 2n verue fw a ftlance t00 XY to a rjwnt of cusp of a
clrctdar cwve thence Noitheastedy ak)rwq raki cvrve rxincave to#o G-ast and haying fm of elemen�s a fadhis nf 2500'a cerA an rW gle o 90'( (M00`
and an mc uenqlh of 39 27 U'i as pronl of Wvgency on the NoMwesieftV Nne of said W 3 oe* of WANDALAY',accnrMng to flre Plat thereof,as
recx,nde,d w plfak Hook n,Page $94,of the Flildi,c Recoords of mor"'no Cxuroty, Fkmdn�Ownne run N44'22'0017 along smd Na dherty rIght,ofWay
kne of Said Etwck 3,fa,a dlstant-,A""cj 175 COY 91enc'x on N4fi'18'(X)'W a for a dMance of 50 MY tn Vie Pohl of begkmmg
2
3 Section 3. Construction and Interpretation.The interpretation ofthis resolution and
4 all Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes,and
5 Monroe County Code(s)provision(s)whose interpretation arises out of;relates to,or is interpreted
6 in connection with this resolution shall be liberally construed and enforced in favor ofthe Monroe
7 County BOCC, and shall be deferred in favor of the BOCC and such construction and
8 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial,
18 bankruptcy, and on appeal.
1.1 'Section 4. No Liability. Monroe County expressly reserves and in no way shall be
12 deerned to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
13 governmental, and any other similar defense, immunity, exemption, or protection against any suit,
II cause-of-action, demand, or liability.
16 'Section S. Severabilli!j. If any provision of this resolution, or any part or portion
17 thereof',
is held to be invalid or unenforceable by any administrative hearing officer or court of'
18 competent jurisdiction, the invalidity or unenforceability Of Such provision, or any part or portion
19 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
20 provision of this resolution, or any remaining part(s) or portion(s) thereof".
All other provisions of
21 this resolution, and remaining part(s) or portions) thereof, shall continue unimpaired in full force
Band effect,
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
25 Florida, at a regular meeting held on the 11,3" day of December, 2023.
26 Mayor Holly Merrill Raschein -X-CS-
27 Mayor Pro Tem ,larnes K. Scholl Alls-
28 rr, (.."ormuissioner Craig (.7ates IL
J() cD Commissioner Michelle Lincoln
_YQL
Commissioner David Rice A .
32 BOARD OF COUNTY COMMISSIONERS
33 OF MONROE COUNTY, FLORIDA
34
35
BY:
................. ------
MAYOR HOLI-Y MERRILL RASCHEIN
N�, y,
"4
'E"T: KEVIN MADOK, CLERK MONMECOk Y ATIOnICY
412 � 4",
X( lie Al STO FORM
PEI ER MORRIS
............. ASSSTANTCOUN'ry ATIOnNEY
AS DEPUTY CLERK Dale
1,1/28`/`-2L
File No. 2023-147 Page 3 of'3