Item B1
BOARD OF COUNlY COMMISSIONERS
AGENDA ITEM SUMMARY
.. PUBLIC HEARING 9:00 A.M. (CONTINUED FROM 10/18106) ..
Meeting Date: 11/1/06 - KW
Bulk Item: YI~S _ No --.X..-
Department: County Attorney's Office
Staff Contact Person: Sn70lJl\e Hutton
AGENDA ITEM WORDING:
Continuation <of a Public Hearing from 10/18/06 to consider adoption of a Resolution renouncing and
disclaiming 8Il~ right of the Coun~ and the public in and to a portion of First Avenue, Stock Island, as
recorded in Pilat Book I, at Page 55 of the Public Records of Monroe Coun~, Florida and which was
previousl~ closed to public access pursuant to Resolution No. 279-1988.
ITEM BACKGROUND:
In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not
strictl~ followed and the resolution stated closure, not the traditional language of an abandonment.
During the yC'.ars 1988 through 1993, and 2001 and 2002, the property was treated by the Pro~
Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be
finally abandClned. See in attached back-np tbe March 28, 2003 and March 20, 2003 memos to
Mayor Spehar with details of the history and condusion that the road was not previously
abandoned.
A Road Abandonment Petition was filed by Boyd's Cannpground on October 5, 2005 seeking to
abandon a portion of First Avenue, Stock Island, Monroe Coun~, FL. The Petition has been reviewed
and conditionally approved by Engineering (10/11/05) and the Fire Marshall (12/6/05). Petitioner
provided written documentation of compliance with the conditions set forth by both the Engineer and
the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on
4126/06 based on the following: "The road terminates on a body of water, and thereby is not consistent
with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Code. ..
PREVIOUS RELEVANT BOCC ACTION:
On 7/511988, approved Resolution No. 279-1988 closing road.
On 9/20/2006, Board approval to advertise and hold Public Hearing 10/18/06 in Key West.
On 10/18/2006, Board continued to a special meeting scheduled for 11/1/06 at 9:00 a.m. in Key West
CONTRACI'/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Resolution.
TOTAL COST: Petitioner Pavs
COSTTOCOUNlY: N/A
REVENUE PRODUCING: Yes
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNTPERMONTH_ Year
No
APPROVED BY: Cou~ Atty _
DIVISION DIRECTOR APPROVAL:
S
DOCUMENTATION:
Included X
Not Required_
AGENDA ITEM f# B. I
DISPosmON:
Pditiona"Bo,d'. ~ I.J4
RESOLUTION NO.
- 2006
A RESOLUTION OF THE BOARD OF COUNlY COMMISSIONERS OF
MONROE COUNlY, RENOUNCING AND DISCLAIMING ANY RIGHT
OF THE COUNlY AND THE PUBLIC IN AND TO A PORTION OF
FIRST A VENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNlY,
FLORIDA AND WIDCH WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO RESOLUTION NO. 279-1988.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce amd disclaim any right of the County and the public in and to the hereinafter descnbed
streets, allllY-ways, roads or highways, and
WHEREAS, due notice has been published and a public hearing has been held in
accordanccl with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties
present wishing to speak on the matter, and all premises considered concerning the renouncing
and disclaiiming of any right of the County and the public in and to the hereinafter described
streets, alIc:y-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Board has determined that vacation of the said road is for the general
public welfare, and conforms to the requirement of Fla. Stat. Sees. 336.09 and 336.10; now,
therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and
the public in and to the following described streets, alley-ways, roads or highways as delineated
on the heminafter described map or plat, to-wit:
PARCEL I: A parcel of land on Stock Island being a portion of the N'ly 1/2 of
First Avenue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book I,
at Page 55 of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also
being the N'ly right of way line of First Avenue and the E'Jy right ofway line of
First Street and run thence E'ly along the N'ly right of way line of the said First
Av,enue for a distance of 24.00 feet to a point, said point being the Point of
Beginning; thence S'ly and at right angles for a distance of 30.00 feet to the
centerline of the said First Avenue; thence E'ly and at right angles along the
cellterline of the said First Avenue for a distance of 235.00 feet to the original
shoreline of Boca Chica Channel as shown on said Plat; thence N'ly with a
deflection angle of 104046'15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to
the apparent Mean High Water Line of the said Boca Chica Channel; thence
me,rnder Wly and NW'ly along the apparent Mean High Water Line of the said
Boca Chica Channel for a distance of 64 feet, more or less, to the N'ly right of
way line of the said First Avenue; thence Wly and along the N'ly right of way line
of the said First Avenue for a distance of 167 feet, more or less, back to the Point
of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly
1/2 of First Avenue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1,
at Page 55 of the Public Recor~ of Monroe County, Florida, said parcel being
more particularly described by metes and bou~ as folkJWs;
COMMENCE at the NW'ly corner of the said Block 44, said point also
being tile S'ly right of way line of First Avenue and the E'ly right of way line of
First Street and run thence E'ly along the S'ly right of way line of the said First
Av,mue for a distance of 32.00 feet to B point, said point being the Point of
Beginning; thence N'ly and at right angles for a distance of 17.50 feet; thence
W':(y and at right angles for a distance of 8.00 feet; thence N'ly and at right
angles for a distance of 12.50 feet to the centerline of the said First Avenue;
thence E'ly and at right angles along the centerline of the said First Avenue for a
distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown
on said Plat; thence S'ly with a deflection angle of 75013'45" to the right and
along the original shoreline of Boca Chica Channel as shown on said Plat for a
dis:tance of 3I.03feet to the S'ly right of way line of the said First A venue; thence
Wly with a deflection angle 104046'15" to the right and along the S'ly right of
way line of the said First Avenuefor a distance of234.90feet back to the Point of
Beginning.
PASSED AND ADOPTED by the Board of County Commissioners ofMooroe County, Florida,
at a regulilf meeting of the Board on the 18' day of October, 2006.
Mayor McCoy
Mayor Pro Tem Spehar
CommissionerNeugent
Commissioner Patton
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Dl:puty Clerk
By
Mayor Charles "Sonny" McCoy
(KMP:J<AP, FlllBT AVE. STOCK ISLAND 10 .8 06)