Resolution 224-2021 1
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13 RESOLUTION NO. 224-2021
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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
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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;
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37 WHEREAS, due notice has been published and a public hearing has been held in
38 accordance with Chapter 336, Florida Statutes; and
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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;
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45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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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
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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:
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6 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
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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:
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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.
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29 2. Monroe County conveys said right-of-way as described above with the following
30 conditions:
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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:
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37 a. Cunningham Lane
38 b. Pine Drive
39 C. 23rd Lane
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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.
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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.
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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.
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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.
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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
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`UrA BOARD OF COUNTY COMMISSIONERS
+,/`q' OF MONROE COUNTY, FLORIDA
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\ _..: 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
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(Notary Public Printed Name) ate (Notary Seel)
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Type of Identification Produced
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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