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Resolution 224-2021 1 2 at' OD. a ?�L s 5 8 9 10 11 12 13 RESOLUTION NO. 224-2021 14 15 A RESOLUTION OF THE MONROE COUNTY BOARD OF 16 COUNTY COMMISSIONERS RENOUNCING AND 17 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC 18 IN AND TO THE RIGHT-OF-WAY OF PINE DRIVE, AS 19 SHOWN ON THE PLAT OF PINE HAMMOCK SUBDIVISION, 20 PLAT BOOK 3, PAGE 163, BOUNDED ON THE NORTH BY 21 DON'S COURT; BOUNDED ON THE WEST BY TRACT D 22 AND E, PINE KEY ACRES; BOUNDED ON THE SOUTH BY 23 PINE DRIVE; AND BOUNDED ON THE EAST BY BLOCK I, 24 LOTS 5-10, SECTION 26, TOWNSHIP 66 SOUTH, RANGE 29 25 EAST, BIG PINE KEY, MONROE COUNTY, FLORIDA. 26 27 WHEREAS, an application was filed by Patrick Garvey, requesting for the Monroe 28 County Board of County Commissioners ("Monroe County", "BOCC", or the "County"), to 29 vacate and abandon a portion of Monroe County's right-of-way situated as more particularly 30 described below; and 31 32 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is 33 necessary to hold a public hearing of the Monroe County Board of County Commissioners to 34 publicly consider renouncing its rights to the instant Monroe County right-of-way after 35 publishing due notice of said hearing in accordance with said Chapter; 36 37 WHEREAS, due notice has been published and a public hearing has been held in 38 accordance with Chapter 336, Florida Statutes; and 39 40 WHEREAS, at said public hearing, the Board has considered the application requesting 4i- for it renounce and vacate any right of the County and/or public in and to the hereinafter 42 described public right-of-way as delineated on the hereafter described legal description, plan, or 43 map; 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 46 COMMISSIONERS OF MONROE COUNTY,FLORIDA: 47 48 Section 1. Recitals and Legislative Intent.The foregoing recitals are true and 49 correct, and are hereby incorporated as if fully set forth herein. Filed 2020-119 Page 1 of 3 1 2 Section 2. Monroe County hereby renounces and vacates any right of the County 3 and/or the public in and to the hereinafter described public right-of-way as delineated on the 4 hereafter described legal description, plan, or map, to-wit: 5 6 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 7 8 All that part of Pine Drive lying west of and adjacent to Lots 5, 6, 7 8, 9 and 10, Block 1 of PINE 9 HAMMOCK according to the Plat thereof as recorded Plat Book 3, Page 163, of the Public to Records of Monroe County, Florida. 11 and 12 all that part of Pine Drive lying east of a portion of Tracts E and D, Pine Acres Section One, 13 according to Official Records Book 509, Pages 1046 through 1049, of the Public Records of 14 Monroe County, Florida and being more particularly described as follows: 15 16 BEGIN at a point on the East right-of-way line of Pine Drive, said point being the southwest 17 corner of Lot 5, Block I of said PINE HAMMOCK, thence bear North along the east right-of IS way line of said Pine Drive, also the West boundary line of Lots 5, 6, 7, 8, 9 and 10, Block 1 of 19 said PINE HAMMOCK,for a distance of 280.00 feet to a point, said point also being the point of 20 curvature of a curve concave to the southeast having for its elements a radius of 20.00 feet, a 21 central angle of 90°00'00", thence along the arc of said curve to the right for an arc distance of 22 31.42 feet to the point of tangency of said curve (said point also being a point on the north line 23 of said Lot 10, Block I, (south right of way line Don's Court); thence West along the westerly 24 extension of the north line of said Lot 10, Block 1, a distance 40.00 feet to a point on the westerly 25 right of way line of said Pine Drive; thence South along the west right of way line of said Pine 26 Drive, a distance of 300.00 feet; thence East, a distance of 20.00 feet back to the Point of 27 Commencement (Point of Beginning). Containing 6,085.84 square feet. 28 29 2. Monroe County conveys said right-of-way as described above with the following 30 conditions: 31 32 1) The access roads listed below are and must always be adequately and 33 sufficiently maintained by the applicant' unobstructed with access for 34 the entirety of the front of each parcel, to be in compliance with NFPA 35 1, Chapter 18: 36 37 a. Cunningham Lane 38 b. Pine Drive 39 C. 23rd Lane 40 41 Section 3. Construction and Interpretation.This Resolution and its interpretation 42 shall be liberally construed and enforced in favor of Monroe County to effectuate its 43 purpose(s) and policy(ies)of the County. The construction and interpretation of this 44 resolution and all Monroe County Comprehensive Plan provision(s), Monroe County 45 Land Development Code and Monroe County Code of Ordinances provision(s) ("Monroe 'And the applicant's successors-in-interest. File#2020-119 Page 2 of 3 1 County Code(s) provisions(s)"). Florida Building Code, Florida Statute(s), and Monroe 2 County resolution provision(s) whose interpretation arises out of, relates, or is interpreted 3 in connection with this resolution shall be liberally construed and enforced in favor of 4 Monroe County to effectuate its public purpose(s)and policy(ies)of the County, and 5 shall be construed in favor of the BOCC and such construction and interpretation shall be 6 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, 7 and on appeal. 8 9 Section 4. No Liability. Monroe County expressly reserves and in no way shall be 10 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s),any ii sovereign, governmental, and other similar defense, immunity, exemption, or protection 12 against any suit, cause-of-action, demand, or liability. 13 14 Section 5. Severability. If any portion of this Resolution , or any part or portion 15 thereof, is held to be invalid or unenforceable by any administrative hearing officer or 16 court of competent jurisdiction, the invalidity or unenforceability of such provision, or 17 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or 18 validity of any other provision of this Resolution,or any remaining pert(s) or portion(s) 19 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) 20 thereof, shall continue unimpaired in full force and effect. 21 22 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 23 at a regular meeting of the Board held on the 16th day of June, 2021. 24 25 26 Mayor Michelle Coldiron Yes 27 Mayor Pro Tem David Rice Yes 28 Commissioner Craig Cates Absent __ 29 Commissioner Eddie Martinez Yes 30 Commissioner Mike Forster Yes c 31 ==o 32 2-ir 3 - \-7 -*p�, Sti J r `UrA BOARD OF COUNTY COMMISSIONERS +,/`q' OF MONROE COUNTY, FLORIDA 1.0), \ _..: Bv: tO I C EL`.� • MA OR MICHEL E OLDIRON 41 42 ATTEST: KEVIN MADOK, CLERK 43 (� r MONROE CO ATTORNEY 44 45 Byd�n'`�,,''�/`/�',/��. Af . f APP TO FORM 46 AS DEPUTY L � PETER COUNTY ORRIS 47 ASSISTANT COUNTY ATTORNEY Date: 6/1/21 File 4 2020-119 Page 3 of 3 I KEYV WEST ITIZEN The Florida Keys Only Daily Newspaper Est. MT6 PO Box I800,Key West FL 33041 P'(305)242-77TT ext 219 F:(305)2954025 leg aIs *aysnewa.ccin MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account 138694 Ticket:391856 PUBLISHERS AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared Mt C4_(/VFT_ 1L1 S who on oath says that he or she is Sci--F L1 wf the Key Feast Clllzen,a daily newspaper published In Key West.in Monroe County,Florida;that the attached copy of advedisment,being a legal notice in the matter of was published in said newspaper in the issues of Sunday.May 30.2021 Affiant further says that the Key West Citizen is a newspaper published in Key West.In said Monroe County,Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County.Florida every day,and has been entered as periodicals matter at the post office In Key West,In said Monroe County,Florida.for a period of 1 year next preceding the first publication of the attached copy of advertisement;and affiant Nrther says that he or she has neither paid nor promised any person,firm or corporation any discount,rebate, commission or refund f purp Baring this advertisement for publics- Affirm an nu b afore me this 4th day of June 2021 (No Pu lie attire ` 5 (Notary Public Printed Name) ate (Notary Seel) `V,My commission expires las jacr)` Personally Known X Produced Identification_ Type of Identification Produced Fy T n rw Noum Public Stets al FlolNa misty Weed;; My Commission KN OH532 Expires P1252023 Yw Or MONOOECWF744910561.Id1 I 6/421 420PM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO THE MONROE COUNTY COMPREHENSIVE PLAN JUNE 16, 2021 NOTICE IS HEREBY GIVEN that on Wednesday,June 16,2021 the Monroe County Board of County Commissioners ("BOCC")will hold the following Public Meeting,beginning at 9:00 A.M.The BOCC meeting will be a hybrid format with the County Commission rnembers meeting Ilve at the Murray Nelson Government Center, 102050 Overseas Highway,Key Largo,Monroe County,Florida 33037,while the public will be able to participate via Zoom Webinar.At this Public Meeting the BOCC will hold the following Public Hearing to review and receive public comment for the following items at the following time: PUBLIC HEARINGS:1:30 PM(or as soon thereafter as may be heard): A RE5OLUI1Qti9EIHEMONROE CQUNT bQABD OE GOiJNIY mititi taiaR$RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF PINE DRIVE,AS SHOWN ON THE PLAT OF PINE HAMMOCK SUBDIVISION, PLAT BOOK 3, PAGE 163, BOUNDED ON THE NORTH BY DON'S COURT:BOUNDED ON THE WEST BY TRACT D AND E,PINE KEY ACRES;BOUNDED ON THE SOUTH BY PINE DRIVE;AND BOUNDED ON THE EAST BY BLOCK 1, LOTS 5-10.(2020-119) AN�EDINANSS.E BY_IHb�.M411H4E_COUHIY__BOABD OF Sr_O.U1'fIY_OOMIA SS1ONER$TRANSMITTING TO THE STATE LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO AMEND POLICY 501.1.7, OBJECTIVE 5012, POUCY 501.2.1, POLICY 5012.2, POLICY 501.2.3 AND POUCY 501.5.3 OF THE PORTS,AVIATION AND RELATED FACILITIES ELEMENT TO ALLOW AIRPORT IMPROVEMENTS.WHICH MAY IMPACT WETLAND AREAS WHEN THERE IS NO OTHER VIABLE ALTERNATIVE AVAILABLE, AT THE KEY WEST INTERNATIONAL AIRPORT AND THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT,CONSISTENT WITH THE AIRPORT MASTER PLAN(AMP)AND AIRPORT LAYOUT PLAN (ALP)FOR EACH PUBLIC AIRPORT AND CONSISTENT WITH ALL APPLICABLE FEDERAL AND STATE PERMIT/AUTHORIZATION REQUIREMENTS,INCLUDING MITIGATION FOR ENVIRONMENTAL IMPACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2020-145) Please visit the Monroe County Website at www,monraecountyrih gqy tor meeting agenda updates and Information regarding the various options available to the public to view the live meeting and/or to make public comments on certain agenda Items. Pursuant to Section 286.0105 Florida Statutes. if a person decides to appeal any decision of the Board of County Commissioners, with respect to any matter considered at the meeting or hearing,he or she will need a record of the proceedings,and that,for such purpose,ire or she may need to ensure a verbatim record of the proceedings is made, which record includes the testimony&evidence upon which the appeal Is to be based. ADA ASSISTANCE: If you are a person with a disability who needs special accommodations In order to participate In this proceeding,please contact the County Administrator's Office,by phoning(305)292-4441, between the hours of 8:30 a.m. -500 p.m.,no later than flye(5)calendar days prior-to the scheduled meeting;if you ell bearing or voice impelled,call'711." MAY 29,2(k"5 KEY WEST C.mir u