Resolution 107-2016T ^ Petitioner: Richard E Deegan
RESOLUTION NO. 107 -2016
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RENOUCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF
THE RIGHT -OF -WAY OF SPANISH MAIN DRIVE, CUTTHROAT
HARBOR ESTATES FIRST ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 60, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, ADJACENT
TO LOTS 5, 6, & 7, BLOCK 19 OF THE AFOREMENTIONED PLAT.
WHEREAS, an application was filed by Richard E Deegan to abandon a portion of Spanish
Main Drive, Cutthroat Harbor Estates First Addition, according to the Plat thereof as recorded in Plat
Book 5, Page 60, of the Public Records of Monroe County, Florida, adjacent to Lots 5, 6, & 7, Block 19
of the aforementioned Plat; 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 right of the
County and the public in and to the hereinafter described right of way as delineated on the hereafter
described map or plan; and
WHEREAS, the Board makes the following Findings of Fact and Conclusions of Law:
1. The applicant has agreed to construct a T- turnaround to Monroe County Standards at the
terminus of Spanish Main Drive at the applicant's expense per the Right of Way
Abandonment Agreement for Turnaround Construction.
2. The applicant has agreed to relocate all Florida Keys Aqueduct Authority utilities located
within right of way to be abandoned to include a 4" inch water line, flush out and water
meter per the Right of Way Abandonment Agreement for Utility Relocation.
File # 2015 -029 Page 1 of 3
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby
1. Renounces and disclaim any right of the County and public in and to the following described
streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit:
"A portion of Spanish Main Drive, CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to
the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe County, Florida,
adjacent to Lots 5, 6, & 7, Block 19 of the aforementioned Plat, more particularly described by metes
and bounds as follows:
Commencing at the Northeast corner of Lot 7, Block 19 of CUTTHROAT HARBOR ESTATES FIRST
ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of
Monroe County, Florida, thence bear S60 °00' 00" W along the Southerly right of way line of Spanish
Main Drive, a 25' total right of way width per said Plat, for a distance of 28.87 feet to a point, said
point being the Point of Beginning; thence continue along said Southerly right of way line S60 °00'00 "W
for a distance of 78.30 to a point, said point being on the West right of way line of Spanish Main Drive
per said plat; thence departing the said South right of way line, along said West right of way line North
for a distance of 28.86 feet to a point, said point being on the North right of way line of Spanish Main
Drive per said plat; thence departing said West right of way line along said North right of way line
N60 °00'00 "Efor a distance of 63.87 feet to the point of curvature of a curve concave Northwesterly, with
a radius of 25.00 feet, and a delta of 60 °00'00 "; thence along said curve in a Northeasterly direction,
for an arc length of 26.18 feet to the point of tangency, said point of tangency being on the West right of
way line of Spanish Main Drive per said plat; thence departing said curve, along said West right of way
line extended to the South right of way line, South 43.30 feet back to the Point of Beginning, containing
1,991 square feet (0.04 acres), more or less. "
2. Accepts and approves the Right of Way Abandonment Agreement for Turnaround
Construction attached as EXHIBIT I and the Right of Way Abandonment Agreement for Utility
Relocation attached as EXHIBIT II and made a part of this Resolution.
3. If the applicant fails to file for the permit to construct the Turnaround or relocate utilities
within 180 days of this approval, as stated in the agreement, the right of way will revert back to Monroe
County.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 20 day of April, 2016.
Mayor Heather Carruthers
Mayor Pro Tern George Neugent Not Present
Commissioner Danny L. Kolhage Yes
Commissioner Sylvia J. Murphy Yes
Commissioner David Rice y
a
File # 2015 -029 Page 2 of 3
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Heat r CakAers
HEAVILIN, CLERK
I�OknCc 5 V
Clerk
(p- 2-9-1(1
:M*ONOE COUNTY ORNEY
OV DC FORM:
ASSISTANT CouN TY TTORNEY
Date 5 / �j L
File # 2015 -029 Page 3 of 3
7i
o
N
C)
2 ; 0
File # 2015 -029 Page 3 of 3