Resolution 031-2021 RESOLUTION NO. 031 -2021
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
VACATING THAT CERTAIN PORTION OF EASEMENT LYING IN TRACT "A", ANCHOR
DRIVE SUBDIVISION,OCEAN REEF PLAT NO.10,ACCORDING TO THE PLAT BOOK 6,PAGE
118,OF THE OFFICIAL RECORDS OF MONROE COUNTY,FLORIDA.
WHEREAS, an application was filed by Ocean Reef Club, Inc. and Ocean Reef Chapel, Inc., to
abandon a portion of the easement lying in Tract "A", Anchor Drive Subdivision, Ocean Reef Plat No. 10,
according to the Plat Book 6,Page 118,of the official records of Monroe County,Florida;and
WHEREAS, the Board of County Commissioners of Monroe County, Florida ("Board", "Monroe
County",or the"County"),desires to vacate said easement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The foregoing recitals are true and correct,and are hereby incorporated as if fully set
forth herein.
Section 2. Monroe County hereby vacates the above-referenced easement, more particularly
legally described as follows:
A PORTION OF THE EASEMENT DESCRIBED AS:
A 3 FOOT WIDE STRIP OF LAND LYING IN TRACT "A", ACCORDING TO THE "ANCHOR
DRIVE SUBDIVISION OCEAN REEF PLAT NO. 10",AS RECORDED IN PLAT BOOK 6,PAGE 118,OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF ANCHOR DRIVE AND OCEAN REEF DRIVE,AS
SHOWN ON SAID PLAT OF"ANCHOR DRIVE SUBDIVISION OCEAN REEF PLAT NO. 10";THENCE
SOUTH 43°l l'40" EAST, ALONG THE CENTERLINE OF OCEAN REEF DRIVE FOR 140.05 FEET;
THENCE LEAVING SAID CENTERLINE NORTH 38°00'50" EAST, FOR 31.37 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF SAID TRACT "A" AND BEING THE POINT OF BEGINNING;
THENCE NORTH 43°11'40" WEST FOR 3.04 FEET, TO A POINT LYING 3 FEET WEST OF (AS
MEASURED AT RIGHT ANGLES)THE SOUTHEASTERLY LINE OF TRACT"A";THE FOLLOWING
3 CALLS BEING ALONG A LINE LYING 3 FEET WEST OF (AS MEASURED AT RIGHT ANGLES)
AND PARALLEL TO THE SOUTHEASTERLY LINE OF TRACT "A"; THENCE NORTH 38°00'S0"
EAST, FOR 71.75 FEET; THENCE SOUTH 47°27'08" EAST, FOR 100.25 FEET; THENCE NORTH
42°32'52"EAST,FOR 154.88 FEET;THENCE SOUTH 47°27'08"EAST,FOR 3.00 FEET TO A POINT ON
THE SOUTHEASTERLY LINE OF TRACT "A"; THE FOLLOWING 3 CALLS BEING ALONG THE
SOUTHEASTERLY LINE OF TRACT "A'; THENCE SOUTH 42°32'52" WEST, FOR 157.88 FEET;
THENCE NORTH 47°27'O8" WEST, FOR 100.00 FEET; THENCE SOUTH 38°00'50" WEST, FOR 68.97
FEET TO THE POINT OF BEGINNING.
1
SAID LANDS CONTAIN 981.3 SQUARE FEET,MORE OR LESS.
Section 3. Construction and Interpretation. This resolution and its interpretation shall be
liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)and policy(ies)
of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive
Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally
construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
County,and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled
to great weight in adversarial administrative proceedings,at trial,bankruptcy,and on appeal.
Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
liability.
Section 5. Severability.If any provision of this resolution,or any part or portion thereof,is held
to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair
the operation,enforceability,or validity of any other provision of this resolution, or any remaining part(s) or
portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall
continue unimpaired in full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida,at a
regular meeting held on the 20th day of January,2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tern David P. Rice Yes
Commissioner Craig Cates Yes
\f's Commissioner Eddie Martinez Yes
as `�ja Commissioner Mike Forster Yes
r�g re
BOARD OF COUNTY COM OE COUNTY,
FLORIDA
BY:
ayor m e e o
,41
KEVIN MADOK,CLERK raoNRP ;rum AUOF my
PFp1M
C17PETER MORRIS
{ / SVW✓'✓V�� ASSISTANT COUNTY ATTORNEY 3 O
Dec 1/I(11 J ry
AS DEPUTY CLERK 'L
I
i=
N
C
2