Resolution 193-2021 1
2
3 RESOLUTION NO. 193-2021
4
5 A RESOLUTION SETTING THE DATE, TIME, AND PLACE
6 FOR A PUBLIC HEARING CONCERNING THE PROPOSED
7 ABANDONMENT OF A PORTION OF THE MONROE
COUNTY RIGHT-OF-WAY SITUATED AT, ABOUT, OR ON
9 PINE DRIVE, AS SHOWN ON THE PLAT OF PINE
to HAMMOCK SUBDIVISION, PLAT BOOK 3, PAGE 163,
II BOUNDED ON THE NORTH BY DON'S COURT; BOUNDED
12 ON THE WEST BY TRACT D AND E, PINE KEY ACRES;
13 BOUNDED ON THE SOUTH BY PINE DRIVE; AND
14 BOUNDED ON THE EAST BY BLOCK I, LOTS 5-10,
IS SECTION 26, TOWNSHIP 66 SOUTH, RANGE 29 EAST, BIG
16 PINE KEY, MONROE COUNTY, FLORIDA.
17
Is-
19 WHEREAS, an application was filed by Patrick Garvey, requesting for the Monroe
20 County Board of County Commissioners ("Monroe County" or the "County"), to vacate and
21 abandon a portion of Monroe County's right-of-way situated as more particularly described
22 below; and
23
24 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
25 necessary to hold a public hearing of the Monroe County Board of County Commissioners to
26 publicly consider renouncing its rights to the instant Monroe County right-of-way after
27 publishing due notice of said hearing in accordance with said Chapter;
28
29 WHEREAS, the Monroe County Board of County Commissioners desires to hold a
30 public hearing to decide whether to vacate said portion of Monroe County's public right-of-way;
31
32 NOW THREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
33 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
34
35 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as
36 if fully set forth herein.
37
38 Section 2. The Board of County Commissioners of Monroe County, Florida, will
39 hold a public hearing on June 16'h, 2021, at 1:30 P.M., at the Murray E. Nelson Government
40 Center, 102050 Overseas Highway, Key Largo,Florida, to determine whether or not to vacate
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I the above-referenced and more partiuularly described below right-of-way held by Monroe
2 County, more particularly described as follows, to-wit:
3
4 THE P UBLIC RIGHT OF WAY DESCRIBED AS:
5
6 All that part ofPine Drive lying west of and adjacent to Lots 5, 6, 7 8, 9 and 10, Block I ofPINE
7 HAMMOCK, according to the Plat thereof as recorded Plat Book 3, Page 163, of the Public
8 Records ofMonroe County, Florida.
9 and
10 all that part of Pine Drive lying east of a portion of Tracts E and D, Pine Acres Section One,
11 according to Official Records Book 509, Pages 1046 through 1049, of the Public Records of
12 Monroe County, Florida and being more particularly described as follows:
13
14 BEGIN at a point on the East right-of-way line of Pine Drive, said point being the southwest
15 corner of Lot 5, Block I of said PINE HAMMOCK, thence bear North along the east right-of-
16 way line of said Pine Drive, also the West boundary line of Lots 5, 6, 7, 8, 9 and 10, Block I of
17 said PINE HAMMOCK,for a distance of 280.00 feet to a point, said point also being the point of
18 curvature of a curve concave to the southeast having for its elements a radius of 20.00 feet, a
19 central angle of 90°00'00';• thence along the arc of said curve to the right for an arc distance of
20 31.42 feet to the point of tangency of said curve (said point also being a point on the north line
21 of said Lot 10, Block 1, (south right of way line Don's Court); thence West along the westerly
22 extension of the north line of said Lot 10, Block 1, a distance 40.00 feet to a point on the westerly
23 right of way line of said Pine Drive; thence South along the west right of way line of said Pine
24 Drive, a distance of 300.00 feet; thence East, a distance of 20.00 feet back to the Point of
25 Commencement(Point of Beginning). Containing 6,085.84 square feet.
26
27 Section 3. Construction and Interpretation. This resolution and its interpretation
28 shall be liberally construed and enforced in favor of Monroe County to effectuate its public
29 purpose(s) and policy(ies) of the County. The construction and interpretation of this resolution
30 and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida
31 Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to,
32 or is interpreted in connection with this resolution shall be liberally construed and enforced in
33 favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the County, and
34 shall be construed in favor of the BOCC and such construction and interpretation shall be
35 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
36 appeal.
37
38 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
39 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
40 governmental, and any other similar defense, immunity, exemption, or protection against any
41 suit, cause-of-action, demand, or liability.
42
43 Section 5. Severability. If any provision of this resolution, or any part or portion
44 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of
45 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
46 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
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I provision of this resolution, or any remaining part(s)or portion(s)thereof All other provisions of
2 this resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full
3 force and effect.
4
5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
6 at a regular meeting of the Board held on the 19`h day of May, 2021.
7
8 Mayor Michelle Coldiron Yes
9 Mayor Pro Tern David Rice Yes
10 Commissioner Craig Cates Yes
II .mmissioner Eddie Martinez Absent
12,1[0 ,• issioner Mike Forster Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
19 BY: �F��P A e-
20 (SEAL) MAYOR MICHELLE COLDIRON
21
22 ATTEST: KEVIN MADOK, CLERK
23 MONROE�ATTORNEY
-------- -- APP TO FORM
24
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ze AS FLUTY.
ERK PETER MORRIS
27 ASSISTANT COUNTY ATTORNEY
Date: 4/30/21
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