Resolution 164-2021 Petitioner:Riolo,Barnes,Komi&Starkey,File No.2020-146
2 yyrf`,
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4 RESOLUTION NO. 164 -2021
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6 A RESOLUTION APPROVING THE SETTING OF THE
7 DATE, TIME, AND PLACE FOR A PUBLIC HEARING
8 CONCERNING THE PROPOSED ABANDONMENT OF A
9 PORTION OF THE RIGHT-OF-WAY OF AN UNNAMED
10 ALLEY, AS SHOWN ON THE PLAT OF REVISED
11 AMENDED PLAT OF RIVIERA VILLAGE, PLAT BOOK 2,
12 PAGE 80, BOUNDED ON THE NORTH BY MARLIN
13 AVEnue; BOUNDED ON THE WEST BY BLOCK 4, LOTS 4
14 AND 56-57; BOUNDED ON THE SOUTH BY DOLPHIN
15 ROAD; AND BOUNDED ON THE EAST BY BLOCK 4,
16 LOTS 1-8, SECTION 01,TOWNSHIP 61 SOUTH, RANGE 39
17 EAST,KEY LARGO,MONROE COUNTY,FLORIDA.
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49 WHEREAS, an application was filed by Richard J. Riolo, Deborah E. Riolo, Jason and
20 Michelle Koon,Adela and Jorge Barrios, and Roger Starkey, LLC, for the Monroe County Board
21 of County Commissioners ("Monroe County, Florida", "Monroe County", "BOCC", "Board", or
22 the "County") to abandon and disclaim a certain portion of the right-of-way more particularly
23 described as set forth above and below; and
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25 WHEREAS, Monroe County desires to renounce and disclaim any right of the County
26 and the public in and to the hereinafter certain portion of the above-referenced right of way; and
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2x WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
29 after publishing due notice of said hearing in accordance with said Chapter; and
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31 WHEREAS, due notice must be published and a public hearing must be held in
32 accordance with Chapter 336, Florida Statutes;
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34 ------NNOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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37 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct,
38 and are hereby incorporated as if fully set forth herein.
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40 Section 2. The Board will hold a public hearing on May 19tk, 2021, at 1:30 P.M.,at
41 the Harvey Government Center, 1200 Truman Ave., Key West, Florida, to determine
42 whether or not the Board will renounce and disclaim any right of the County and the public in
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1 and to the following described streets, alley-ways, roads, or highways as delineated on the
2 hereinafter described map or plat, to-wit:
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4 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
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6 A 20 FOOT WIDE ALLEY AREA BOUNDED BY THE NORTH RIGHT OF WAY LINE OF
7 DOLPHIN ROAD. THE SOUTH RIGHT OF WAY LINE OF MARLIN AVENUE ALONG WITH
8 LOTS 1 THRU 9 AND LOT 57, BLOCK 4, SHOWN ON THE REVISED AMENDED PLAT OF
9 RIVIERA VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
10 BOOK 2, AT PAGE 90 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND
II BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
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13 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 4 ON THE NORTH
14 RIGHT OF WAY LINE OF SAID DOLPHIN ROAD, THENCE RUN IN A WESTERLY
15 DIRECTION ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID
16 LOT 8 AND THE SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2544 FEET TO
17 THE SOUTHEASTERN CORNER OF SAID LOT 57, BLOCK 4, THENCE RUN IN A
18 NORTHEASTERLY DIRECTION ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 57
19 AND LOT 9 AND THE NORTHWESTERLY LINE OF SAID 20 FOOT WIDE ALLEY FOR A
20 DISTANCE OF 267.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF
21 MARLIN AVENUE FOR A DISTANCE OF 2544 FEET TO THE NORTHWESTERLY CORNER
22 OF SAID LOT 1, BLOCK 4; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG
23 THE NORTHWESTERLY LINES OF SAID LOTS I THRU 8, BLOCK 4 AND THE
24 SOUTHWESTERLY LINE OF SAID ALLEY FOR A DISTANCE OF 267.06 FEET
25 CONTAINING 5,341.2 +/-SQUARE FEET.
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27 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
28 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
29 and policy(ies) of the County. The construction and interpretation of this resolution and all
30 Monroe County Comprehensive Plan provision(s), Monroe County Land Development Code and
31 Monroe County Code of Ordinances provisions ("Monroe County Code(s) provisions"), Florida
32 Building Code, Florida Statute(s), and Monroe County resolution provision(s) whose
33 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be
34 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
35 and policy(ies) of the County, and shall be construed in favor of the BOCC and such
36 construction and interpretation shall be entitled to great weight in adversarial administrative
37 proceedings, at trial, in bankruptcy, and on appeal.
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39 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
40 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
41 governmental, and any other similar defense, immunity, exemption, or protection against any
42 suit,cause-of-action,demand, or liability.
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44 Section 5. Severability. If any provision of this Resolution, or any part or portion
45 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
46 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
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I thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
2 provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions
3 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full
4 force and effect.
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7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
8 Florida, at a regular meeting of the Board held on the 21"day of April, 2021.
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11 Mayor Michelle Coldiron Yes
12 Mayor Pro Tem David Rice Yes
13 Commissioner Craig Cates Yes
14 Commissioner Eddie Martinez Yes
15 Commissioner Mike Forster Yes
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18 (art^P\ BOARD OF COUNTY COMMISSIONERS
19 OF MONROE CS n _• ! I(1 -
20 � y � i �� •
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2 f' •` BY: �
23 <R}1 t I
i MAYOR MICHELLE COLDIRON
24 . j /
25 ATt'E. ',JPeEVIN MADOK, CLERK
26 MONROE COUNTY ATTORNEY
27 0 YED S _ORM
28 By wWV owe: A c4•
29 AS PUTY CLERK
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