Loading...
Item H12BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 T he Fl orida Keys 4� �� m Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I „ Y „; ° W Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting June 21, 2017 Agenda Item Number: H.12 Agenda Item Summary #3065 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Mayte Santamaria (305) 289 -2500 n/a AGENDA ITEM WORDING: Approval of resolution correcting a scrivener's error in the legal description of a right -of -way abandonment Resolution No 117 -2017 of Hibiscus Street, between Lots 19 and 22, Block 36 of Ocean Acres Subdivision, Key Largo. ITEM BACKGROUND: The BOCC approved a resolution providing for public notice for the abandonment of a portion of the right -of -way of Hibiscus Street in Resolution 082 -2017. The right -of -way abandonment was approved by the BOCC on April 12, 2017 via Resolution 117 -2017. The survey and the legal description provided by the surveyor included a scrivener's error ( "Ocean Ares Subdivision" vs "Ocean Acres Subdivision "). This resolution corrects the typo within the legal description of the right -of -way abandonment. PREVIOUS RELEVANT BOCC ACTION: March 15, 2017 — Approval of Resolution 4 082 -2017 setting the public hearing for April April 12, 2017 — Approval of Resolution 4 117 -2017 granting the right -of -way abandonment CONTRACT /AGREEMENT CHANGES: correct typo STAFF RECOMMENDATION: Approval DOCUMENTATION: 149 Hibiscus - Reso correct sciverners error Resolution 117 -2017 ROW abandonment Resolution 082 -2017 Survey and legal description FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: h]X TA1 IH17." Mayte Santamaria Completed Assistant County Administrator Christine Hurley 06/02/2017 4:03 PM Steve Williams Completed Jaclyn Carnago Completed Budget and Finance Skipped Maria Slavik Skipped Kathy Peters Completed Board of County Commissioners Pending 06/01/2017 1:55 PM Completed 06/05/2017 7:58 AM 06/05/2017 9:31 AM 06/01/2017 1:49 PM 06/01/2017 1:49 PM 06/06/2017 6:36 PM 06/21/2017 9:00 AM Petitioner: Monroe County RESOLUTION NO. -2017 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CORRECTING A SCRIVENER'S ERROR IN THE RENOUNCING AND DISCLAIMING A PORTION OF THE RIGHT -OF -WAY OF HIBISCUS STREET, LAYING BETWEEN LOTS 19 AND 22, BLOCK 36, "OCEAN ACRES SUBDIVISION ", KEY LARGO, AS RECORDED IN PLAT BOOK 1, PAGE 188, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, an application was filed by Monroe County (Public Works), to abandon a portion of the right -of -way of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page 188, on Key Largo, Monroe County, Florida; and WHEREAS, the Board of County Commissioners of Monroe County, Florida, approved Resolution 82 -2017 setting the date, time and place for the public hearing concerning the proposed right -of -way abandonment for April 12, 2017; and WHEREAS, at said public hearing, the Board of County Commissioners approved Resolution 117 -2017 for the right -of -way abandonment; and WHEREAS, the survey and resolution contained an incorrect legal description of the right -of -way abandonment; and WHEREAS, a resolution correcting the scrivener's error within the legal description is necessary; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY 1. Renounces and disclaims any right of the County and public in and to the following described right of way, streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: DESCRIPTION: (North % of'Hibiscits Street) .1 portion of Hibiscus Street, laying betiveen Lots 19 and 22, Block 36, "OCEAN .ACRES SUBDIVISION ", cis recorded in Plat Book 1, Puge 188, of'the Public Records of'blonroe Counts Florida and being more particularly described as follows: Begin cat the Southivest corner of said Lot 19. Bloch 36, "OCEAN ACRES SUBDIVISION thence n' 88°0945" E ulong the said South Line of Loz 19 for a di tance of' 215.00 feet to the Southeast corner of said Lot 19; thence S File # 2016 -149 Page 1 of 2 • • •' + • • • • • i 00 011'15 "E a distance of 15.00 feet; thence S 88'0945" W along aline being 15 feet South of and parallel with the said South Line of Lot 19 for a distance of 215.00 feet; thence N 00 "11'15" W for a distance of 15.00 feet to the said Southivest corner of Lot 19 and the Point of Beginning. Containing 3,225.0 square feet, more or less. D E S C R I P T I O N : (South l ofHibiscns Street) .4 portion of Hibiscus Street, krying bentleen Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page .188, of the Public Records of Afonroe County, Florida and being more particularN described as;follows: Commence at the Southwest corner of staid Lot 19, Block 36. "OCEAN ACRES SUBDIVISION ", thence S 00 °11'15" E fbr a distance of 15. 00 feet to the Point of Beginning,• thence N 88 "09'45" E along a line being 15 feet South of and parallel with the said South line of Lot 19, for a distance of 215.00 feet; thence S 00 "11'15" E for a distance of 15. 00 feet to the Northeast corner of said Lot 22; thence S 88 °0945" W along the North line of said Lot 22 a distance of 215.00 ft et to the Northwest corner of'said Lot 22; thence N 00 °11'15" W for a distance of'15.00 feet to the Point of . Beginning. Containing 3,225.0 square feet, more or less. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 21" day of June, 2017. Mayor George Neugent Mayor Pro Tem David Rice Commissioner Danny L. Kolhage Commissioner Sylvia J. Murphy Commissioner Heather Carruthers BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) ATTEST: KEVIN MADDOK, CLERK Deputy Clerk Mayor George Neugent MONROE COUNTY rORNEY P ROVED AS IT STEV F: T. WILLIAMS ASSISThNT CO N A ORNEY Data File # 2016 -149 Page 2 of 2 Petitioner: Monroe County RESOLUTION NOJ 17 -2017 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 HIBISCUS STREET, LAYING BETWEEN LOTS 19 AND 22, BLOCK 36, "OCEAN ACRES SUBDIVISION ", KEY LARGO, AS RECORDED IN PLAT BOOK 1, PAGE 188, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, an application was filed by Monroe County (Public Works), to abandon a portion of the right -of -way of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page 188, on Key Largo, 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, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter; 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 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 right of way, streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: DESCRIPTION: (North '/2 of Hibiscus Street) A portion of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page 188, of the Public Records of Monroe County, Florida and being more particularly described as follows: Begin at the Southwest corner of said File # 2016 -149 Page 1 of 2 Lot 19, Block 36, "OCEAN ARES SUBDIVISION"; thence N 88"09' " E along the said South Line of Lot 19 for a distance of 215.00 feet to the Southeast corner of said Lot 19; thence S 00 "11 '15" E for a distance of 15.00 feet; thence S88 W along aline being 15 feet South of and parallel with the said South Line of Lot 19 for a distance of 215.00 feet; thence N 00 W for a distance of 15.00 feet to the said Southwest corner of Lot 19 and the Point of Beginning. Containing 3,225.0 square feet, more or less. DESCRIPTION: (South 1 12 of Hibiscus Street) A portion of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page 188, of the Public Records of Monroe County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Lot 19, Block 36, "OCEAN ARES SUBDIVISION ", thence S 00 "11'15" E for a distance of 15.00 feet to the Point of Beginning; thence N 88'199' 45" E along a line being 15 feet South of and parallel with the said South line of Lot 19, for a distance of 21 5.00 feet; thence S 00 "11'15" E for a distance of 15.00 feet to the Northeast corner of said Lot 22; thence S 88 , 109'45 " W along the North line of said Lot 22 for a distance of 215.00 feet to the Northwest corner of said Lot 22; thence N 00 '15" W,for a distance of 15.00 feet to the Point of Beginning. Containing 3,225.0 square feet, more or less. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 12' day of April, 2017. Mayor George Neugent Yes Mayor Pro Tern David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Sylvia J. Murphy Yes Commissioner Heather Carruthers Yes ZK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ) J Mayor George Neugent MONROE COUNTY RNEY YF.IJ A� RM: �(,lN_Tj ATTORNEY Date �oC�OU File # 2016 -149 Page 2 of 2 Deputy Clerk ao e cv c7 Mayor George Neugent Yes Mayor Pro Tern David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Sylvia J. Murphy Yes Commissioner Heather Carruthers Yes ZK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ) J Mayor George Neugent MONROE COUNTY RNEY YF.IJ A� RM: �(,lN_Tj ATTORNEY Date �oC�OU File # 2016 -149 Page 2 of 2 Deputy Clerk Petitioner: Monroe County RESOLUTION N09 -2017 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF THE RIGHT -OF -WAY OF HIBISCUS STREET, LAYING BETWEEN LOTS 19 AND 22, BLOCK 36, "OCEAN ACRES SUBDIVISION ", KEY LARGO, AS RECORDED IN PLAT BOOK 1, PAGE 188, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. 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 streets, alley -ways, roads or highways; and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on April 12, 2017 at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: DESCRIPTION: (North ' / of Hibiscus Street) A portion of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION "' as recorded in Plat Book 1, Page 188, of the Public Records of Monroe County, Florida and being more particularly described as follows: Begin at the Southwest corner of said Lot 19, Block 36, "OCEAN ARES SUBDIVISION ",; thence N 88"09'45 " E along the said South Line of Lot 19 for a distance of 215.00 feet to the Southeast corner of said Lot 19; thence S 00 °1175" E for a distance of 15.00 feet; thence S 88 °0945" W along a line being 15 feet South of and parallel with the said South Line of Lot 19 for a distance of 215.00 feet; thence N 00 °11'15" W for a distance of 15.00 feet to the said Southwest corner of Lot 19 and the Point of Beginning. Containing 3,225.0 square feet, more or less. DESCRIPTION: (South 1 /z of Hibiscus Street) A portion of Hibiscus Street, laying between Lots 19 and 22, Block 36, "OCEAN ACRES SUBDIVISION ", as recorded in Plat Book 1, Page 188, of the Public Records of Monroe County, Florida and being more particularly described as follows: Commence at the Southwest corner of said Lot 19, Block 36, "OCEAN ARES SUBDIVISION ", thence S 00 °1 P15" E for a distance of 15.00 feet to the Point of Beginning; thence N 88'09'45" E along a line being 15 feet South of File # 2016 -149 Page 1 of 2 and parallel with the said South line of Lot 19, for a distance of 21 5.00 feet; thence S 00 °11'15" E for a distance of 15.00 feet to the Northeast corner of'said Lot 22; thence S88 W along the North line of said Lot 22 for a distance of 215.00 feet to the Northwest corner of said Lot 22; thence N 00 °11 '15" W a distance of 15.00 feet to the Point of Beginning. Containing 3,225.0 square feet, more or less. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 15 day of March, 2017. Mayor George Neugent Yes Mayor Pro Tern David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Sylvia J. Murphy Yes Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY ,ta. Mayor George Neugent MONROE COUNTY A �O RNEY AP VE TOVQ�RM: .< < .1 T. WILLIAMS ASSISI e%NT COUNTY VTORNEY Date 11 LiL / :a 00 :a c N C C L:J Z7— t-.a M: File # 2016 -149 Page 2 of 2 North line o1 said Lot 22 (or a distonce or 215.00 feet to the No rtnwest corner bf said Lot 22; tnen.e N 00'11'15" W for p 15.00 feet to the Point or Beginning. Containing 3225.0 square fee,, mare or less. a 0951 RI 1ne 6 Ptat FLORIDA OCEAN lhereofR s corded BAY Records 0f Monroe Ca y , Ond._ Publ,s.`y na LEGAL DESCRIPTION, Hibiscus Str C A portion o Hibiscus Street laying between L04 19 and 22, Rook. 38. "OCEAN ACRES SUBDMSION ", os corded in Plat Book 1, Poge Ik of the Public Records of Monroe County, Fl arch and being m nNr particularly described - follows: Begin at the Southwest co of o "OCEAN ".: ATLANTIC said Lot 19. Block 3fi, ACRES SUBDMSION tnencer 88'0945" E along the sold South Line or Lot 19 fo a distance or i 215.DD feet io fhe Southeast c sad Lot 19�ihence S 00'1115" E f a distance of 30^00 feel . the NoHneasl c OCEAN said Lot 22; thence S 58'09'45" W gong the North li of sa LOt 22 fo a dista of 215:00 feet fo the Northwest c said Lot 22: th nce en.. N "'11 15 W r a "At" pr 1x00 feet to the .aid o and LOCATION MAP AS uthwest corner of Lot 19 the Point of Beginning. Containing 6,450.0 sp e feet, more 0 l\ Part of Key Largo, R LEGAL DESCRIPTION, North 1 Hbiscus Street: A portion of Hibiscus Street, laying between Lots 19 and 22, Bl— 36, "OCEAN ACRES SUED VSON as r cerded 'n Pal Book 1 Page 188, of the Public Records of Monroe County Florida .and being m e nNr o it11lo rl' described as follows: Begin at the Soutnwest co f par said Lot 0, Block 36, 'OCEAN ACRES SUBDIVISION ".: thence 88'09'45" E o10ng the said S.bih Lrne of Lot 19 for o distonce M of - rn. 215.00 feet to the Sp.tbea9t corner of said Lot 19; thence S 00'1115 E f d'st t 15.00 Lek; ih S 880945 W along Inc b' 5 L S i d O 1 S t Line cw� p.r rr.a g std of Lot 19 d' t e 215.00 ,' th N 00 11 15 W dl-- 1 500 t 1 1 d S 1 1 o L t 19 nd the Pa t Beg ' . g r I C.-Ibibg 32250 l more r s LEGAL DESCR P ION S t FUR T.... S, t' A port' ibis... At —t, yng bet Lots 19 and 22 Bock 36 OCEAN ACRES SUBD as r d d In Plat Book 1 page 158 or the Public Records of Monroe County, Florida bnd being m particularly described ds fo ows'. Commence at the South West corner sold Lol 19, Block 16, ( OCEAN ACRES SUBDIVISION', thence S 00'11'15 E for o distonce of 15 00 feet to the Point of Beginning; IT,.... N 83 09'45" E along o line being 15 feet Sou,n of and North line o1 said Lot 22 (or a distonce or 215.00 feet to the No rtnwest corner bf said Lot 22; tnen.e N 00'11'15" W for p 15.00 feet to the Point or Beginning. Containing 3225.0 square fee,, mare or less. 21 15 16 17 11— 7LI c m cn l — — —_ - - - - - - MAGNOGLIA STREET , O O s (30, RAW) Ire I I . sn N s Z 9 m C O O � O i j YF _ ❑ c DO B! R� LOT ti 20 t 0 0 19 0 0 ,9 2D D 30 u o< 7r 3� e �R 3 4> g1 Y a 5 ,,a A, = A A , 9 S J P. HIBISCUS � ees1O�� a N 88'09 215.00 m.& P. 1 STREET (Unimproved) ______9O' 4VW} _ KM _ - - -- 215.00'-. -- 5 88'09'45" W zoo m.0 s3 5 88'�l9 4 215.00' -.& P. 22 23 a.at P. lie wa5� FI. Een, Magnolia Street, Kq Largo, ] boundary. & ToPO9rapnical Survey 1y� 113 � �� r� =2g' ISLAND SURVEVI N. INC. nxo /are ANNE RS v e onr< po9 rzaT -onss pas) zs a r Di D Z C) N .R nEVOR'S N median SE d 0 n NeG�A i]i Ee .0 bo sed 1 -275 Eevo,1on. ,0.840 m Monument11 no 9= se 1/2" N. Plll, P.L.S. No 2749 D= .1 P u, N 5. NO 2749 .= Found 2,i.IP sneremamns: ny = story a/ d /W = Ri hl- or -wav g = Pound Elevation p Pat °p° te d. peed .red B g N Nat t Sm e P . B.M. Bench Mark 9d as ok of - rn. c.B. c - A _ w _- water M pl /C - - 4, nCondifi.ner Bad. = Balcony et Field Work performed on. 12/13/16 21 15 16 17 11— 7LI c m cn l — — —_ - - - - - - MAGNOGLIA STREET , O O s (30, RAW) Ire I I . sn N s Z 9 m C O O � O i j YF _ ❑ c DO B! R� LOT ti 20 t 0 0 19 0 0 ,9 2D D 30 u o< 7r 3� e �R 3 4> g1 Y a 5 ,,a A, = A A , 9 S J P. HIBISCUS � ees1O�� a N 88'09 215.00 m.& P. 1 STREET (Unimproved) ______9O' 4VW} _ KM _ - - -- 215.00'-. -- 5 88'09'45" W zoo m.0 s3 5 88'�l9 4 215.00' -.& P. 22 23 a.at P. lie wa5� FI. Een, Magnolia Street, Kq Largo, ] boundary. & ToPO9rapnical Survey 1y� 113 � �� r� =2g' ISLAND SURVEVI N. INC. nxo /are ANNE RS v e onr< po9 rzaT -onss pas) zs