Resolution 058-2021 RESOLUTION NO. 058 -2021
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY LOCATED
ON HAZEL STREET,AS SHOWN ON THE PLAT OF MONROE PARK,PLAT BOOK 3,PAGE 140,
IN THE OFFICIAL RECORDS OF MONROE COUNTY,FLORIDA, BOUNDED ON THE NORTH
BY HAZEL STREET, BOUNDED ON THE WEST BY LOTS 17 AND IS, BOUNDED ON THE
SOUTH AND SOUTHEAST BY LOTS 14,15,AND 16,AND BOUNDED ON THE EASE BY LOT 13,
MORE PARTICULARLY LOCATED AT SECTION 04,TOWNSHIP 60 SOUTH,RANGE 39 EAST,
KEY LARGO,MONROE COUNTY,FLORIDA.
WHEREAS, an application was filed by Southeast Investment Partners, LLC, on behalf of Darnall
Family, LLC, requesting for the Monroe County Board of County Commissioners ("Monroe County" or the
"County")to abandon a portion of Monroe County's right-of-way situated on the above-referenced portion of
Hazel Street,Key Largo, Monroe County, Florida; and
WHEREAS,under the Monroe County Code and Florida Statutes Chapter 336,it is necessary to hold
a public hearing for Monroe County Board of County Commissioners to decide whether to vacate said portion
of Monroe County's right-of-way;and
WHEREAS,the Board of County Commissioners of Monroe County,Florida,desires to hold a public
hearing to decide whether to vacate said portion of Monroe County's right-of-way;
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. The Board of County Commissioners of Monroe County, Florida, will hold a public
hearing on March 17,2021,at the Murray Nelson Government Center, 102050 Overseas Highway,Key Largo,
Monroe County, Florida,to determine whether or not to renounce and disclaim any right of Monroe County
and the above-referenced portion of the County's right-of-way,more particularly described as follows,to-wit:
THE PUBLIC RIGHT OF WAY DESCRIBED AS:
A PORTION OF THE 60 FOOT RIGHT OF WAY AT THE SOUTHERLY END OF HAZEL STREET AS
DEPICTED ON THE PLAT OF "MONROE PARK" IN PLAT BOOK 3, PAGE 140 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA. SAID PLAT BEING IN FRACTIONAL SECTION 4,
TOWNSHIP 60 SOUTH, RANGE 39 EAST WITH SAID PORTION OF RIGHT OF WAY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF LOT 13 OF SAID PLAT; THENCE
SO°55'26"W ALONG THE EASTERLY RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF
18.00 FEET TO THE POINT OF BEGINNING; THENCE SO°55'26"W CONTINUING ALONG SAID
EASTERLY RIGHT OF WAY A DISTANCE OF 82.00 FEET TO A COMMON POINT BETWEEN SAID
LOT 13 AND LOT 14 OF SAID PLAT; THENCE S38°24'21"W A DISTANCE OF 86.00 FEET TO A
COMMON POINT BETWEEN LOT 15 AND LOT 16 OF SAID PLAT; THENCE S55°08'29"W A
DISTANCE OF 23.69 FEET TO A COMMON POINT BETWEEN SAID LOT 16 AND LOT 17 OF SAID
PLAT, SAID POINT BEING THE SOUTHERLY TERMINUS OF SAID EASTERLY RIGHT OF WAY;
THENCE DEPARTING SAID EASTERLY RIGHT OF WAY NI7°02'l0"E ALONG THE WESTERLY
RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF 41.64 FEET; THENCE NO°55126" E
CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 124.09 FEET;THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY S89°04'34"E ALONG A LINE PERPENDICULAR TO
SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,433.18 SQUARE FEET OR 0.171 ACRES,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 17th day of February,2021.
Mayor Michelle Coldiron Yes
Mayor Pro Tem David P. Rice Yes
Commissioner Craig Cates Yes
Commissioner Eddie Martinez Yes
�- Commissioner Mike Forster Yes
te "�, BOARD OF COUN C� og SI5 �ERS9 M�1VROE COUNTY,
FLORIDA ������� (,BY: �4 t \ _
Mayor Michelle Coldiron -fir
KEVIN MADOK,CLERK MONROE 0OUNTY ATTORNEY - ca
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