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Item J1J.1 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy, District 5 The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1 �pw° Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 5 County Commission Meeting February 20, 2019 Agenda Item Number: J.1 Agenda Item Summary #5082 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506 n/a AGENDA ITEM WORDING: Approval of a resolution setting the time, date, and place for a public hearing to consider a request by Wrecker's Cay Apartments at Stock Island, LLC, for a resolution renouncing and disclaiming any right of the County and the public in and to the right-of- way of a portion of MacDonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, Plat Book 1, Page 55, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. ITEM BACKGROUND: The Applicant, Wrecker's Cay Apartments at Stock Island, LLC, has requested the abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the public records of Monroe County, Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. The Applicant has made the request as part of a proposal to redevelop the adjacent land as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and egress to the parcels owned by the Applicant, which are proposed to be redeveloped. The Applicant has provided a written agreement to grant an easement to the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp. for public utility purposes, in, under, over and across the herein requested ROW abandonment land in the installation, maintenance and repair of the utilities in place or to be placed on said portion of MacDonald Avenue and First Street. Per Section 19-1(b) of the Monroe County Code, (b) No dedicated and accepted right-of-way in the Packet Pg. 1357 J.1 county shall be abandoned where: (1) The right-of-way terminates on a body of open water; or (2) The right-of-way provides access to the public to land on open water; or (3) The abandonment would preclude a way for the public to maintain access to the water. In a memo dated October 31, 2018, Philip Frank of Terramar Environmental Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would not preclude a way for the public to maintain access to the water. His findings were based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. PREVIOUS RELEVANT BOCC ACTION: 1/23/19 (I3) BOCC continued to the 2/20/2019 BOCC meeting in Key West, FL CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Adoption of a resolution setting a public hearing for February 20, 2019, at Harvey Government Center, Key West. DOCUMENTATION: Packet Pg. 1358 J.1 2018-179 Staff Report 2018-179 FILE_Combined Resolution 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: REVIEWED BY: If yes, amount: Emily Schemper Completed Steve Williams Completed Maureen Proffitt Completed Assistant County Administrator Christine Hurley O1/08/2019 11:44 AM Kathy Peters Completed Board of County Commissioners Completed O1/08/2019 7:06 AM O1/08/2019 7:35 AM O1/08/2019 8:10 AM Skipped O1/08/2019 1:49 PM O1/23/2019 9:00 AM Packet Pg. 1359 J.1.a MEMORANDUM Monroe County Planning & Environmental Resources Department We strive to be caring, professional and fair To: Monroe County Board of County Commissioners Through: Christine Hurley, Assistant County Administrator From: Emily Schemper, Director of Planning & Environmental Resources Date: January 2, 2019 Subject: A public hearing to consider the approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the rights - of -way of Macdonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, plat book 1, page 55. (File #2018-179). BOCC Meeting: January 23, 2019 (set public hearing) February 20, 2019 (public hearing) REQUEST: Wrecker's Cay Apartments at Stock Island, LLC, requests an abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot 1 and the platted shoreline. The Petitioner has made the request as part of a proposal to redevelop the surrounding area as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and egress to the surrounding parcels which are proposed to be redeveloped. Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 1 of 8 Packet Pg. 1360 J.1.a AAA,1*,.o f N , LQ 1'YY �, " ' �o ' t L _ fi -a C `tea. '! Figure 1-Proposed Right of Way Abandonment location. REVIEW OF APPLICATION: The portions of the rights -of -way of Macdonald Avenue and First Street are established within the plat of Maloney's Subdivision of Stock Island (PB1-55). The plat was recorded on October 21, 1911. s s+ 5 d 7 8 v r4 q ,q is �a rG It r3 ra fr � 1 �M nr•T]nH AtD AV ma"M _ b Se. i9 /7 �7 Ii l.T I 1S lY !1 ,� _�_kA ��� f{ V I.R Ira a rz r1 ri r z a a f 7 d 9 ro �U r R ei Sp rA a •7 ri .Is 1 r]Iz 10 ;_ e1 18 C yA r e 2 3# s L 7 J 9 w Nnommn© Ic I' Ii11�1 1al Izi �11 Z! .Sao .fbc i r ` 774 7 a I L` ❑•Y//SSIaiY��S 40 4! iX ti Figure 2-Excerpt of Maloney's Subdivision of Stock Island Plat kw O Q U) CD r 0 r C t 0 fSf i Wreckers Cay (MacDonald & Pt St.) Abandonment Petition File #2018-179 Page 2 of 8 Packet Pg. 1361 J.1.a The portion proposed for abandonment is legally described as follows: A portion of the MacDonald Avenue PUBLIC Right of Way and the First Street PUBLIC Right of Way, bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot I and the platted shoreline, Maloney's Subdivision of Stock Island, according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly described as follows: Commencing at the: northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35: lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at page 55, of Monroe County official records, said point being on the south right-of-way line of MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the centerline of said MacDonald Avenue and the point of beginning of the proposed road abandonment be described; from said point of beginning continue bearing north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the north right-of-way line of said MacDonald Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 620.00 feet, to the platted shoreline of said McDonald's plat, also the southeast corner of block 21; thence bear south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance of 35.85 feet, to the centerline of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the centerline of said MacDonald Avenue a distance of 639.62 feet, back to the point of beginning. Containing an area of 18,896 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's Plat Of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26: lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), said point also being the point of beginning of the proposed road abandonment to be described: from said point of beginning bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet, to the centerline of said MacDonald Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet, also being the point of intersection with the north projection of the centerline of First Street, a 50 foot right-of-way on said McDonald's plat; thence bear south 00 degrees 04 minutes 20 seconds east a distance of 30 feet, to south right-of-way line of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said MacDonald Avenue a distance of 525.00 feet back to the point of beginning. Containing an area of 15,750 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's Plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 3 of 8 Packet Pg. 1362 J.1.a lot 2, section 34: Stock Island, township 67 south, range 25 east" recorded in plat book], at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of intersection with the centerline of first street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to described, from said point of beginning bear north 00 degrees 04 minuites 20 second west a distance of 30 feet, thence bear north 89 degrees 55 minutes 40 seconds east a distance of 114.62 feet, to the platted shoreline of said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said platted shoreline a distance of 31.74 feet to the south right-of-way line of said MacDonlad Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said MacDonlad Avenue a distance of 125.00 feet, back to the point of beglnning. Containing an aera of 3,594 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 500.00 feet to the point of intersection with the west right-of-way line of first street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 00 degrees 55 minutes 40 seconds east a distance of 25.00 feet to the centerline of said first street, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degrees 55 minutes 40 seconds west a distance of 25.00 feet to a point on the west right-of-way line of said first street, point also being the southeast corner of lot 10, block 34 of said plat; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning. containing an area of 3,125 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of intersection with the centerline of First Street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 89 degrees 55 minutes 40 seconds east a distance of 25.00 feet to a point on the east right-of-way line of said First Street, said point also being the northwest corner of lot 1, block 33 of said plat, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degree 55 minutes 40 seconds west a distance of Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 4 of 8 Packet Pg. 1363 J.1.a 25.00 feet to a point on the centerline of said First Street; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning, containing an area of 3,125 square feet more or less. LOT 24N LOT Y9 lCJ'f lti ILOT 17 LOI' 1Fl WRECKERS CAY APARTMENTS AT STOCK ISLAN 2 OT it PLATTEDD LLC SHORELINE BLOCK 2.1 (PLAT) � rY" BJ L © C �K 3 2 LOT 21 (DEEDl r� c ' S84°5.5'40'°W 620' (FLAT) J (MEASURED) TO SIR NTH Hew LING ! y.. MDRITH PDRTIDN �'�' E 00 CL NACDONALD AVENUE » MYR!w SOUTHEASTERLY ✓� A SDUTHWESTERILY PORTION IADRTTDN f� Irri SOp.ga (MEASURED) TO Lb 7665 50vrlH a�w uNE ILL ' N89'S5'AO"E 650' (IPLAT 4 F° :7 ? F'� l3 6 L 0 C K 3 3. a � WLQT I Lal .q' 8 LOT 1 ' L47T LOT' 3LOT -0 LOT S Lf1T E cc OT ¢�' n CDT E LOTS +� CZ off ID cc. owl B L O C K 3 4aocTLR: zqs , .41 f/1 DENUTPS� PROPQSEN WRECKIERS CAY APARTMENTS AT STOCK ISLAND LLC 'P "yTM <` o =� ® CADRE! RUSH FICAD AIBAN!UQNMENT _ A+J m CDMPANY LLC LEGEND: 111S o 1 —ILE 1-1 (P1AT)(MEASt1RED) L7 N&S 5"4E"'f 500tl F,,.. nry w � )"� ASR'M LT 1nwrnEwr La S94 55 49"w Sp Q4 tA9" REECE & ASSOCIATES 0wu oOrl r .OFESsmm suRvEYNW AND MAKP, Lp n,6 �TpA Sex can C Yn.& CCv LaT Id L4 ' LET 2D f 179 OUMALRSAE SCE a SE'u POAYm'Fi, ESMI wAi. to ... w s NOTES: 1 'yy 01MCE M) P `" A LVH .—U F U RE THIS SURVEY Why FERI ORH 9 FDR THE Stl E AIND EX LIA514E B[NETF OFTN.. PARTIES LIST'A HEmF'I.N V FAX V195) 632 � $E22 wo SHnu w5 ue ue len ilea WHO —Eft, Ill WIEI ex I1 ew 1Naw3okL,E WHOEN. LIKEY4ISE, mW NOR:O'H Figure 3-Excerpt of boundary Survey The applicant, Wrecker's Cay Apartments at Stock Island, LLC, owns the three parcels to the north, south and east which surround the the portions of MacDonlad Avenue and First Street being requested for abandonment. The petitioner has submitted a road abandonment petition in order to redevelop the surrounding area as affordable housing. This petition has been reviewed by County staff and written recommendations were received from the following private utilities and County departments: Keys Energy Service, dated May 18, 2018 • Grant of easement required. KW Resort Utilities Corp, dated August 21, 2018 • Grant of easement required. AT &T, dated August 31, 2018 Florida Keys Aqueduct Authority, dated August 29, 2018 • No objections upon receipt of easement. Monroe County Fire Marshal, dated September 20, 2018 • Fire department access and water supply were noted to be discussed for future development plans. Monroe County Sheriff's Office, dated September 25, 2018 • Although no objections were stated, it was noted that the abandonment should not be granted or access restricted to the surrounding residential lots until vacated. Monroe County Engineering Department dated October 12, 2018. • Restricted access to land which extends beyond MacDonald to the water and the ownership of said land was stated as a concern. Per a memo dated October 31, 2018, and further described below, it was determined that the MacDonald right of way Wreckers Cay (MacDonald & V St.) Abandonment Petition File 42018-179 Page 5 of 8 Packet Pg. 1364 J.1.a east of First Street does not terminate on open water and therefore does not restrict access. Easement agreements with the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp were provided. Monroe County Code Section 19-1 - Abandonment of rights -of -way states: (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) the right-of-way terminates on a body of open water; or • The platted right-of-way does not terminate on a body of open water. (2) the right-of-way provides access to the public to land on open water; or • The platted right-of-way does not provide access to the public to land on open water. (3) the abandonment would preclude a way for the public to maintain access to the water. • The abandonment would not preclude a way for the public to maintain access to water. In a memo dated October 31, 2018, Philip Frank of Terramar Environmental Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would not preclude a way for the public to maintain access to the water. His findings were based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, if the right-of-way is abandoned, will: (1) Have access that is currently used by that property owner eliminated; • The requested abandonment is for a portion of right-of-way that bisects the petitioner's properties. This portion of the street terminates at and only gives access to the petitioner's properties. (2) Have the only platted access eliminated; • The requested abandonment is for a platted portion of the right-of- way of MacDonald Avenue and First Street, which is not used for access by other properties. (3) Have the paved area adjacent to that property increased for turn -around purposes; or • There is not a requirement for a T-turnaround given the location of the right of way abandonment. MC Engineering has not requested a turnaround. Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 6 of 8 Packet Pg. 1365 J.1.a (4) Be increased in size. • The affected property, owned by the applicant, is the only property that will increase in size; there is no objection to this increase. (d) All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn -around and fire -rescue access. If required for safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn -around area shall be shown on the submitted survey and shall be agreed to in writing and constructed with payment by the property owner(s) requesting abandonment. • A letter from the Fire Marshal dated September 20, 2018 stated a proposed site plan or description were not provided for review, but, fire department access of the site and water supply for fire apparatus and and emergency medical service vehicles for life and fire safety response shall be addressed following chapters of the Florida Fire Prevention Code, 6th Ed. 2017; NFPA 1. However, after meeting with the Applicant, the Fire Marshal provided a letter dated November 1, 2018, stating that the Fire Marshal's Office will be available to discuss adequate Fire Department Access and Water Supply during planning for future development. • A letter from Engineering Services dated October 12, 2018 states the proposed portion of the MacDonald Ave. right of way to be abandoned terminates at the platted shoreline but there is land beyond that point that extends to the water, to which access would be restricted should MacDonald Ave. be abandoned. A determination of the disposition and ownership of that land should be made to ensure that the abandonment does not violate the requirements of MCC Chapter 19-1. As stated on page 6 of this memo, staff has determined that the right of way does not terminate on open water. (e) A right of way may be abandoned only at the terminal portion of the road and in its full width unless one of the following applies; 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and right-of-way. The term "substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other items not listed which are accessory structures; or 2. The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 7 of 8 Packet Pg. 1366 J.1.a The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as shown in Example 1. The requested abandonment is for the terminal portion of both MacDonald Avenue and First Street. The requested abandonment of a portion of the rights -of -way of Macdonald Avenue and First Street, as shown on the plat of Maloney's Subdivision of Stock Island, plat book 1, page 55; bounded on the north by all of block 32; bounded on the west by second street and all of block 34; bounded on the south by all of block 34, and by First Street adjacent to block 34 lot 11 and block 33 lot 20; and bounded on the east by block 33 lot 1 and the platted shoreline, on STOCK ISLAND, Monroe County, Florida meets the criteria cited above and is therefore suitable for abandonment. RECOMMENDATION: Staff recommends approval of the requested abandonment. Wreckers Cay (MacDonald & 1st St.) Abandonment Petition File 42018-179 Page 8 of 8 Packet Pg. 1367 1 2 4 5 6 7 Petitioner Wrecker's Cay, File, No. 2018-179 RESOLUTION NO. -2019 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF "I RIGfrrs-OF-WAY OF MAC DONALD AVENUE AND FIRST STREET, STOCK ISLAND, MONROE COUNTY, FLORIDA, AS SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT BOOK 1, PAGE 55; BOUNDED ON THE NORTH BY ALL OF BLOCK 32; BOUNDED ON THE WEST BY SECOND STREET AND ALL OF BLOCK 34; BOUNDED ON THE SOUTH BY ALL OF BLOCK 34, AND BY FIRST STREET ADJACENT TO BLOCK 34 LOT I I AND BLOCK 33 LOT 20; AND BOUNDED ON THE EASTBY BLOCK 33 LOT I AND THE PI,A,r,iEl) SHORELINE. 20 21 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to 22 renounce and disclaim any right of the County and the public in and to the hereinafter streets, 23 alley -ways, roads or highways; and 24 25 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 26 after publishing due notice of said hearing in accordance with said Chapter; 27 28 29 10 31 32 33 .34 5 .36 37 38 39 40 41 NOW THEREFORE, BE IT RESOLVED BY rHE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on February 20, 2019, 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 maj) or plat, to -wit: A portion qf1he MacDonald Avenue PUBLIC Right offay and the F irst Street P UBLK ' 7 ht �f Way, Rigo bounded on the west by Second Street and all of Block 34, bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot I and the platted shoreline, Maloney's Subdivision QfSlock Island according to, the mqp or plat thereqf as recorded in Plat Book 1, Page 55, qf the Public Records of Monroe County, Florida and being inure particularly described asJbIlows: E-11 File # 2018-179 Page I of 4 I Packet Pg. 1368 1 I Commencing at the: northwest corner of lot 1, block 3.4, McDonald's plat qf'Stock Island, 2 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35.° lot 2, section 36; lot 3, section 3 26, lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat hook 1, at 4 page 55, Qf"Uonroe County official records, said point being on the south right-of-way line of 5 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 6 seconds east), bear north 00 degrees 04, minutes 20 seconds west a distance of'30fiel to the 7 centerline Qf said MacDonald Avenue and the point of beginning of the proposed road 8 abandonment be described; ,from said point of beginning continue bearing north 00 degrees 04 9 minutes 20 seconds west a distance Qf 30.feet to the north right-of-'wqy line of said MacDonald 10 Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a, distance oj'620. 00 feel, to 1 .2 the platted shoreline of said MeDonald's plat, also the southeast corner ql'block 21; thence bear (n 12 south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance qf'35.85 13 fiet, to the centerline (�fsald MacDonald Avenue; thence bear south 8.9 degrees 55 minutes 40 (n 14 seconds west along the centerline cif .said MacDonald Avenue a distance o,1'639.62,fiel, back to 15 U- the point of beginning. Containing an area qf'18,896 squarejeet more or less. 06 16 17 AND > 18 19 Commencing al the northwest corner- of lot 1, block 34, AlfcDonaWs, Plat Qf'Slock Island, 20 0 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot, 3, section 21 26: lot 2, section 34; Stock Island, lownshrp 67 south, range 25 east" recorded in plat book 1, at 2 22 page, oI'Monroe County official records, point being on the south, right -of -ay line of 23 MacDonald Avenue (bearing basis qf'AfacDonald Avenue is north 89 degrees 55 minutes 40 E 24 seconds east), .said paint also being the point oj'beginning (�f the proposed road abandonment to 0 25 be described,- ftom said point qfbeginning bear north 00 degrees 04 minutes 20 seconds west a 26 distance of'30ftetl to the centerline of'said.AllacDonald Avenue, thence bear north 89 degrees 27 55 minutes 40 seconds east a distance Qf'525. 00fiet, also being the point o 'intersection with the 0 28 north pr(#ection of centerline qfT first ,Street, a 50.fbot right-of-way on said cDonald's plat, 29 thence bear south 00 degjees, 04 minutes 20 .seconds east a distance qf'30jeel, to south righl-qf- 10 way line of said MacDonald Avenue thence bear south 89degrees 55minutes' 40:seconds ivest 0 31 U) along the south right-(rf-vvqy line (lfsaid MacDonald Avenue a distance of'525. 00ft0el back to W 32 the point oj'beginning Containing an area (�f15,750 squareftet more or less. 33 E 34 AND 35 36 Commencing at the northwest corner of lot 1, block 34, MeDonald's Plot qf'Slock Island, 37 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 30; lot 3, section IS 26; lot 2, section 34: Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 39 page 55, of Monroe Count) official records, point being on the south right-qf-way line of f 40 MacDonald Avenue (bearing basis cif MacDonald Avenue is north 89 degrees 55 minutes 40 File 4 2018-179 Page 2 of 4 I Packet Pg. 1369 1 I seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525. 00feel to the 2 point of intersection with the centerline of first street, a 50fibot right-oftway on said AlIeDonalds 3 plat and the point ref beginning of the proposed road abandonment to described, from said point 4 of beginning bear north 00 degrees 04 minutes 20 second west a distance q1'30.feel, thence bear 5 north 89 degrees 55 minutes 40 seconds east a distance qf] 14.62fiet, to the platted shoreline of 6 said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said 7 platted shoreline a distance qf'31.74.fiet to the south right-qf1way line of ,said MacDonald 8 'a Avenue; thence bear south 89 degrees 55 ininutes 40 seconds west along the south right -cif -sway C ,T 9 line of .said MacDonald Avenue a distance o f beginning. ,f 125. O�O feet, back to, the point o 10 Containing an area of 3,594 square, et more or less. .2 (n 12 AND 13 Commencing al the northwest corner ref lot 1, block 34, McDonald's plat qfStock Ls,land, (s 14 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 15 U- 26; lot 2, section 34,° Stock Island,, township 67 south, range 25 east" recorded in plat book 1, at 06 16 page 55, of Monroe County official records, point being on the south righI-ot-'1tqv line of 17 C 0 MacDonald Avenue (bearing basis qfMacDonald Avenue is north 89 degrees 55 minutes 40 > 18 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance qf500. 00 A -el to the 19 point qfintersection with the west right -elf -way line qffitrst streel, a 50ji)ot right-qllwqy can said C 20 0 McDonalds plat and the point of beginning of proposed road abandonment to be described, 21 ftom said point of beginning continue bearing north 00 degrees 55 minutes 40 seeondy east a 2 22 distance qf25. 00,feet to the centerline qfsaid first street, thence bear south 00 degrees 04 C 23 0 minutes 20, seconds east a distance of 125.00ftel; thence bear south 89 degrees 55 minutes 40 E 24 C 0 seconds west a distance q/'25. 00fieel to a point on the west right-qf4vay line of said street, 25 C point also being the southeast corner of lot 10, block 34 of said plat; thence bear north 00 26 degrees 04 minutes 20 seconds west a distance qf'125.00.pet back to the point of beginning. 27 containing an area qf'3,125 square feet more or less. 0 28 C 29 AND 30 0 U) Commencing at the northwest corner (if lot 1, block 34, McDonald's plat ofStock Island, 32 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35,- lot 2, section 36; lot 3, section C 33 0 26; lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at E 34 ficial record page 55, of Monroe County qf A, point being on the south righl-qf-way line cif 35 MacDonald Avenue (bearing basis qf MacDonald Avenue is north 89 degrees 55 minutes 40 < 36 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance qf'525, 00jeel to the 37 point of intersection ivith the centerline of First Street, a 50 foot right-qf-ivqv on said 38 McDonald's plat and the point of beginning of'the proposed road abandonment to be described, 19 ftom said point of"beginning continue bearing north 89 degrees 55 minutes 40 seconds east a 40 distance qf'25. 00fieel to a point on the east right-qf-way line cif said First `Street, said point also File 9 2018-179 Pa 3 of 4 M I Packet Pg. 1370 1 I being the northwest corner of lot 1, block 33 ref said plat, thence bear .out 00 degrees 04 2 minutes 20 seconds east a distance of 125.00jeel; thence bear south 89 degree 55 minutes 40 3 seconds west a distance of'25. 00,fiet to a point on the centerline of said First Rreet,- thence bear 4 north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of 5 beginning, containing an area qf'3,125 square feet more or less. 6 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 233" day of January 2019. Mayor Sylvia J. Murphy Mayor.pro Tern Danny L. Kolhag,e Commissioner Michelle Coldiron Commissioner Heather Carruthers Commissioner David Rice 21 22 (SEAL) 23 24 ATTEST: KEVIN MADOK, CLERK 25 26 27 By 28 Deputy Clerk 29 30 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor, Sylvia J. Murphy E-11 File # 2018-179 Page 4 of 4 Z' I Packet Pg. 1371 1