Resolution 116-2014MONROE COUNTY, FLORIDA
RESOLUTION NO. 116 -2014
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND
PUBLIC IN AND TO THAT PORTION OF THE RIGHT -
OF -WAY OF THE WESTERN PORTION OF
PENINSULAR AVENUE ON STOCK ISLAND THAT IS
BOUNDED ON THE NORTH BY LOTS 30, 31 & THE
WEST 1 /2 OF LOT 32 IN BLOCK (SQUARE) 46 OF
MALONEY SUBDIVISION, BOUNDED ON THE WEST
BY A PLATTED SHORELINE OF MALONEY
SUBDIVISION, AND BOUNDED ON THE SOUTH BY
LOTS 1 AND 2 IN BLOCK (SQUARE) 60 OF MALONEY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF,
AS RECORDED IN PLAT BOOK 1 PAGE 55 OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA
WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion
of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (west of the west
1 /2 of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, page 55 of the
Public Records of Monroe County, Florida; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right -of-
way; and
WHEREAS, due notice has been published and a public hearing has been held in
accordance 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 considered the renouncing and disclaiming of any
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right of the County and the public in and to the hereinafter described right -of -way as delineated
on the hereafter described map or plat; and
WHEREAS, the Board has determined that vacation of the said right -of -way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law:
1. For purposes of Monroe County Code Sections 19- 1(a)(1)and (2) the water at the end
of Peninsular Avenue is not "open water."
2. For purposes of Monroe County Code Sec. 19- 1(a)(3) abandonment of the right -of-
way does not preclude a way for the public to maintain access to the water.
3. By approving this resolution, Monroe County agrees to the abandonment as an affected
property owner under Monroe County Sec. 19 -1(b).
4. The applicant has agreed to pay any expenses associated with the road abandonment
including but not limited to relocation of utilities and any required road improvements.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley-
ways, roads, or highways as delineated on the hereafter described map or plat, to -wit:
"Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 1 12
of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island, Monroe
County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence West along the North
Right -of -way line of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner of the
said West 'h of Lot 32, and the Point of Beginning; thence continue West along the said North
Right -of -way line of Peninsular Ave. for a distance of 195.00 feet, more or less to the platted
shoreline per Maloney's subdivision; thence S 18'26'06" W along the platted shoreline for a
distance of 63.64 feet to the South Right -of -way line of Peninsular Ave.; thence East along the
said South Right -of -way line of Peninsular Ave., for a distance of 215.00 feet more or less to the
Southerly extension of the East line of the said West 'h of Lot 32; thence North for a distance of
60.00 feet to the said North Right -of -way line of Peninsular Ave. and the Point of Beginning.
Containing 12,300.00 square feet, more or less. "
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 30"' of June, 2014.
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Mayor Sylvia Murphy
Mayor pro tem Danny L. Kohlage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
Yes
No
Yes
Yes
Abstaine
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY ORIDA
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Approved as to Form and Legal Sufficiency
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