Resolution 115-2015Petitioner: Oceanside Investors, LLC
MONROE COUNTY, FLORIDA
RESOLUTION NO. 115 -2015
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 PENINSULAR AVENUE ON STOCK ISLAND
THAT IS BOUNDED ON THE NORTH BY PART OF LOT 32,
LOT 33, LOT 34 AND LOT 35 IN BLOCK 46 OF MALONEY
SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 55
OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA; BOUNDED ON THE WEST BY A PREVIOUSLY
ABANDONED PORTION OF THE PENINSULAR AVENUE
RIGHT -OF -WAY (RESOLUTION NO. 116 - 2014); BOUNDED
ON THE SOUTH BY PART OF LOT 2 AND LOT 3 IN
BLOCK 60 OF MALONEY SUBDIVISION, AS RECORDED
IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; AND BOUNDED ON THE
EAST BY THE WESTERN BOUNDARY LINE OF THE
MALONEY AVENUE RIGHT -OF -WAY.
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 (east of the center 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 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
..
Petitioner: Oceanside Investors, LLC
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. The Board has the authority to grant abandonments of dedicated and accepted rights -of-
way under jurisdiction of the County in accordance with Monroe County Code §19 -1;
and
2. The vacation of the said right -of -way is not inconsistent with any of the criterion for
granting abandonments provided in Monroe County Code §19 -1;
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
No
Yes
Yes
Yes
Yes
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BOARD OF COUNTY COMMISSIONERS
OF M OE COUNTY, F IDA
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BY:
Mayor Da y L. Kolhage
OY HEAVILIN, CLERK
Deputy Clerk
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 the East Ih of Lot 32, Lots 33,
34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, 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: Begin at the Southeast corner of Lot 35 of said plat; thence West along the North Right -of-
Way line of Peninsular Avenue for a distance of 175.00 feet to the Southeast corner of said West 1 /z
of Lot 32; thence South along the Southerly extension of the West line of the East 1 /z of Lot 32 for a
distance of 60.00 feet to the South Right -of -Way line of Peninsular Avenue; thence East along the
said South Right -of -Way line of Peninsular Avenue (Northerly line of said Lots 2 and 3) for a
distance of 175.00 feet to the Westerly line of Maloney Avenue; thence North along the said
Westerly line of Maloney Avenue for a distance of 60.00 feet to the Point of Beginning"
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 18` of March, 2015.
Approved as to Form and Legal Sufficiency
- 7 UA
Assistant County Attorney
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