Resolution 124-2021 Lftr
1 t'^vr•-=..
2 RESOLUTION NO. 124 -2021
3
4 A RESOLUTION OF THE MONROE COUNTY BOARD OF
5 COUNTY COMMISSIONERS APPROVING THE
6 RENOUNCEMENT AND DISCLAIMING OF THAT
7 CERTAIN MONROE COUNTY RIGHT-OF-WAY
8 ("PUBLIC RIGHT-OF-WAY") LOCATED ON HAZEL
9 STREET, AS SHOWN ON THE PLAT OF MONROE PARK,
10 PLAT BOOK 3, PAGE 140, OF THE OFFICIAL RECORDS
11 OF MONROE COUNTY, FLORIDA, BOUNDED ON THE
12 NORTH BY HAZEL STREET, BOUNDED ON THE WEST
13 BY LOTS 17 AND 18, BOUNDED ON THE SOUTH AND
14 SOUTHEAST BY LOTS 14, 15 AND 16, AND BOUNDED ON
15 THE EAST BY LOT 13, KEY LARGO, MONROE COUNTY,
16 FLORIDA.
17
18 WHEREAS, an application was filed by Southeast Investment Partners, LLC on behalf
19 of Darnall Family, LLC, for the Monroe County Board of County Commissioners ("Monroe
20 County, Florida", "Monroe County", "BOCC", "Board", or the "County") to abandon and
21 disclaim a certain portion of the right-of-way of Hazel Street as shown on the Monroe Park
22 Subdivision of Key Largo, according to the plat thereof as recorded in Plat Book 3, Page 140, of
23 the official records of Monroe County, Florida, bounded on the north by Hazel Street, bounded
24 on the west by Lots 17 and 18, bounded on the south and southeast by Lots 14, 15 and 16, and
25 bounded on the east by Lot 13 of the aforementioned plat; and
26
27 WHEREAS, Monroe County desires to renounce and disclaim any right of the County
28 and the public in and to the hereinafter certain portion of the above-referenced right of way; and
29
30 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
31 after publishing due notice of said hearing in accordance with said Chapter; and
32
33 WHEREAS, due notice has been published and a public hearing has been held in
34 accordance with Chapter 336, Florida Statutes; and
35
36 WHEREAS, at said public hearing, the Board considered the public comment(s) and
37 argument(s) of all parties present wishing to offer comment and speak on the matter, and has
38 considered renouncing and disclaiming any right of the County and the public in and to the
39 hereinafter described right-of-way as delineated on the hereafter described map or plan; and
40
41 WHEREAS,the Board makes the following findings of fact and conclusions of law; and
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42 I. The Applicant has agreed to construct a T-turnaround to Monroe County
43 Standards at the terminus of Hazel Street at the Applicant's expense per the
44 Applicant's Right-of-Way Abandonment Agreement for Turnaround
45 Construction; and
46
47 2. The Applicant has agreed to relocate all Florida Keys Aqueduct Authority utilities
48 located within the right-of-way to be abandoned (three (3) water meters and water
49 main) per the Applicant's Right-of-Way Abandonment Agreement for Utility
50 Relocation; and
51
52 3. If the Applicant fails to file for the permit to construct the T-turnaround or
53 relocate utilities within 180 days of this approval, as stated in the agreement, the
54 right-of-way will revert back to Monroe County by operation of law;
55
56 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
57 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT IT HEREBY:
58
59 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct,
60 and are hereby incorporated as if fully set forth herein.
61
62 Section 2. Monroe County, Florida, hereby:
63
64 I. Renounces and disclaims any right of the County and public in and to the following
65 described right of way, streets, alley-ways, roads, or highways as delineated on the hereinafter
66 described map or plat,to-wit:
67
68 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
69 A PORTION OF THE 60 FOOT RIGHT OF WAY AT THE SOUTHERLY END OF HAZEL
70 STREET AS DEPICTED ON THE PLAT OF "MONROE PARK"IN PLAT BOOK 3, PAGE 140
71 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SAID PLAT BEING IN
72 FRACTIONAL SECTION 4, TOWNSHIP 60 SOUTH, RANGE 39 EAST WITH SAID PORTION
73 OF RIGHT OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
74
75 COMMENCING AT THE NORTHWESTERLY MOST CORNER OF LOT 13 OF SAID PLAT;
76 THENCE SO°55'26"W ALONG THE EASTERLY RIGHT OF WAY OF SAID HAZEL STREET A
77 DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING; THENCE S0°55'26"W
78 CONTINUING ALONG SAID EASTERLY RIGHT OF WAY A DISTANCE OF 82.00 FEET TO A
79 COMMON POINT BETWEEN SAID LOT 13 AND LOT 14 OF SAID PLAT; THENCE
80 S38°24'11"W A DISTANCE OF 86.00 FEET TO A COMMON POINT BETWEEN LOT 15 AND
81 LOT 16 OF SAID PLAT; THENCE S55°08'29"W A DISTANCE OF 23.69 FEET TO A
82 COMMON POINT BETWEEN SAID LOT 16 AND LOT 17 OF SAID PLAT, SAID POINT
83 BEING THE SOUTHERLY TERMINUS OF SAID EASTERLY RIGHT OF WAY; THENCE
84 DEPARTING SAID EASTERLY RIGHT OF WAY N17°02'10"E ALONG THE WESTERLY
85 RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF 41.64 FEET; THENCE
86 NO°5526" E CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF
87 124.09 FEET: THENCE DEPARTING SAID WESTERLY RIGHT OF WAY S89°0434"E ALONG
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88 A LINE PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.00
89 FEET TO THE POINT OF BEGINNING.
90
91 CONTAINING 7.433.18 SQUARE FEET OR 0.171 ACRES, MORE OR LESS.
92
93 2. Vacates the right-of-way as described above with the following conditions:
94 a. The property shall be maintained as a fire department access road with a
95 minimum unobstructed width of 20', minimum vertical clearance of 13'6"
96 and a surface to support the imposed loads of a fire apparatus;
97 b. A T-turnaround shall be provided in a location accessible to the fire
98 department in non-emergency conditions;
99 c. The access road shall be maintained and shall comply with all of the
too requirements set for in Florida Fire Prevention Code NFPA 1,Chapter 18;
101 d. No storage shall be permitted on the access road;
102 e. The road shall not be blocked and no parking shall be permitted that will
103 obstruct fire trucks from being able to access all 6 parcels listed:'
104 i. 00573010-000000;
105 ii. 00573000-000000;
106 iii. 00572990-000000;
107 iv. 00572980-000000;
108 v. 00572970-000000;
109 vi. 00572960-000000;
110 f. If a gate or fence is to be placed across the entrance to the access road it
111 shall require a permit. Access through the gate shall be provided through
112 use of a lock box system as approved by the local fire department;
113 g. The abandoned area must include no foliage, and remain undeveloped
114 except for the development of a turnaround for all first responder vehicles
115 to utilize; and
116
117 3. If the Applicant fails to file for the permit to construct the T-turnaround or relocate
118 utilities within 180 days of this approval, as stated in the agreement, the right-of-way
119 will revert back to Monroe County by operation of law.
120
121 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
122 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
123 and policy(ies) of the County. The construction and interpretation of this resolution and all
124 Monroe County Comprehensive Plan provision(s), Monroe County Land Development Code and
125 Monroe County Code of Ordinances provisions ("Monroe County Code(s) provisions"), Florida
126 Building Code, Florida Statute(s), and Monroe County resolution provision(s) whose
127 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be
128 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
129 and policy(ies) of the County, and shall be deferred in favor of the BOCC and such construction
130 and interpretation shall be entitled to great weight in adversarial administrative proceedings, at
131 trial, in bankruptcy, and on appeal.
'The numbers which follow consist of the six Property Identification Numbers currently assigned to those six
parcels by the Monroe County Property Appraiser's Office.
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132 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
i33 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
134 governmental, and any other similar defense, immunity, exemption, or protection against any
135 suit,cause-of-action, demand,or liability.
136
137 Section 5. Severability. If any provision of this Resolution, or any part or portion
138 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
139 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
140 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
141 provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions
142 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full
143 force and effect.
144
145 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
146 Florida, at a regular meeting of the Board held on the 17th day of March, 2021.
147
148 Mayor Michelle Coldiron Yes
149 Mayor Pro Tem David P. Rice Yes
150 Commissioner Craig Cates Yes
151 �'',r.._...,, Commissioner Eddie Martinez Yes
132' ri '4 �,,,,;;;���� Commissioner Mike Forster Yes
1 4' \\ BOARD OF COUNTY COMMISSIONERS
1 'i r 1 `f �I r OF MON Oit 5i TY, FL a • in.
A i ►in& Waft
is \ bra IL� BY:
158 lMAYOR MICHELLE COLDIRON
159 A`F VIN MADOK, CLERK
160 MC.(D YATTORNEY
(��7� /J AP- ---cyASTO FORM
161 By: c ••v�w•••�•{2� MONROE
ROEC
162 AS D PUTY CLERK 7 PETER M
ASSISTANT NTY AT
O
RNEY
Date: 3/1/21
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MONROE CO PLANNING DEPT NOTICE OF PUBLIC
MURRY E NELSON
102050 OVERSEAS HVVY GOVERNMENT CENTER MEETING AND NOTICE
KEY LARGO FL 33037 OF PUBLIC HEARING
Account 138694 Ticket:3E11453 NOTICE OF CHANGE TO
PUBLISHER'S AFFIDAVI1 THE MONROE COUNTY
STATE OF
COUNTY OF MO FLORIDAe leal.[ g tt CODE OF ORDINANCES
Before the undersigned authority personally appeared /� /p�7
h^1( -t / � {3l L .r 2UG t S who on oath says that he or she is March 17I
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AffiL. f ohs PL-o4 W of the Key Vest Citizen,a daily NOTICE IS HEREBY GIVEN that on Wednesday,
newspaper published in Key West,in Monroe County,Florida;that the aBarhed March TT• N2t hold a u lc Bald a County
copy of advediament being a legal notice in the matter of was published in said Commissioners will hold a Pubic Meeting,hybridformat
beginning
newspaper in the issues of at 09:00 AM. The 80CC meeting will be a lornat
with the County Commission members meeting INS In
Sunday,February 2E.2021 Key Largo,while theof following
wit able to considered
We
Zoom C MEd.The bSowi g Items will be considered at a
PUBLIC MEETING:
Affiant further says that the Key West Citizen is a newspaper published rn Key PUBLIC HEARINGS:130 PM for paean thereafter as may be
_.Wes(m said Monroe County,Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County,Florida every day,ands
has been entered as periodicals matter at the post office in Key West,in Said AIMODIALDOILOETHEINEffigpaiingoAngusuggn
Monroe County,Florida for a period of l year next preceding the first publication BOMISIMOM2B11 RENOUNCING AND DISCLAIMING ANY RIGHT
of the attached copy of advertisement and affiant hider says that he or she has OF THE OOLMTY MID PUBLIC W AND TO THAT pOMION OF THE
neither paid nor promised any rson,firm or corporation any discount,rebate, RIGHT-OF-WAY OF HAZEL STREET AS SHOWN ON THE MAT OF
acommission or refund for rpose of severing this advertsement for public- MONROE PARK, MAT B001(3,PAGE 140,BOUNDED ON THE
1 the sai paper NORTH BY HAZEL STREET,BOUNDED ON THE wcST BY LOIS II
/�.k C MID IS;BOUNCED ON THE SOUTH MID SOUTHEAST BY LOTS
14,15 MID 15;AND BOUNDED ON THE EAST BY LOT IS.(FEE
(Signature of Af iant 2019-227)
Afir d before me this 1st day of March 2021 AN OROMANCE BY THE MONROE COUNTY EDAM
OF COUNTY COMMISSIONERS AMENDING CHAPTER 2
ADMINBTRATCN, ARTICLE VIII BOARDS. COMMITTEESDIVISIONm
`(N P tore) COMMISSIONS AND AUIHORmES, DIVISION 5 AFFOMPtF
HOUSING ADVISORY COMMITTEE TO TENSE THE REGULATIONS -
FOR A LOCAL AFFORDABLE HOUSING ADVISORY COMMTTEE
(MAC)AS REQUIRED BY F.S.SECTION 4201075 AS IT RELATES
(N ry PudicPd N m (Notary Seal) TO AFFORDABLE HOUSING NCEMIVE STRATEGIES AND
/'� 1 COMMITTEES; PROVIDING FOR SEVFMBIUTY AND REPEAL
My commisson expires I" 7-�k�_J PPWMDNGSFOR INCORPORATIONNT PROVISIONS; INTO TO DING EFFECTIVE DATE;
THE MONROE COUNTY
CODE OF ORDINANCES.(Fed 2020-201)
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