Loading...
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 1 of4 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 2 of 4 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. 3 of 4 132 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 0 T O t0 t IV 4 of 4 Ts .Th , 1 kEyt 'IST MONROE COUNTY The Florida Keys Only Dept Newspaper Es BO�L�DF PO Bo.MOO.Key west a swot /11l V V wa'2aPee trat:wsearn'°` COMMISSIONERS 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 i 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) Personally Known X Produced Identification_ Puss*nett the Mums.OotsrgWobbles etwennmonnernMv- Type of Identification PrWared Bemtw Meeting spends Weetee end adormeson miming Sa venous options evelWe to the public to dew the Ws meeting rgfor to make public comments on certain upends Items. y✓r'wk Notary Stele a Fbride Pursuant to Secfiwl25S01q FbeMe Smlrtp,Ifs person Meetings aeyd((aa Mielt Publics to epee✓anydecision of the Bawd of County Commissioners.want p may J r;lr Crmmissron HH 0M5a2 respect to anymewconekM9dat the meeting or hearing.haatlw 1sa;0 Expires 03�351'l. will neeo a mond of the proceedings,aid that,for such purpose,ha a eh*may need to amwe a verbeern record&Me prawel1yeN meolo which record Includes the MNNny a eviWrp upon with me ppeel is m be based ADA ASSISTANCE:N mu w u pi/FM with a puuOBly Nee needs woad ucphreeoWpone p cow p prtlgpp Ii OF pnceedings New contact the COIF) MC RDEC°PL 293e1453-l.pm I by Monks P ..s 582 on m I,between she. eoISONI'a Pm.no New ITT ITT(5)cet/Tear Se pier So lie.Saddled meeting;/you ere hseHsp or voice blipping oaf 911,• Fvs..ey w,MI err w.o cmm