Resolution 472-2021 1 urwfa
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2
3 RESOLUTION NO. 472 -2021
4
5 A RESOLUTION SETTING THE DATE, TIME, AND
6 PLACE FOR A PUBLIC HEARING CONCERNING
7 THE PROPOSED ABANDONMENT OF A PORTION
8 OF THE MONROE COUNTY PUBLIC RIGHT-OF-
9 WAY SITUATED AT, ABOUT, OR ON PENINSULAR
10 AVENUE,AS SHOWN ON THE PLAT OF GEORGE L.
11 MCDONALD PLAT BOOK 1, PAGE 55, BOUNDED ON
12 THE NORTH BY BLOCK 45, LOTS 42-46 AND 52-57;
13 BOUNDED ON THE WEST BY PENINSULAR
14 AVENUE; BOUNDED ON THE SOUTH BY BLOCK 61,
15 LOTS 5-7, PARCELS C, D AND G, AND UNITS WS-32
16 AND UNIT B1-L1-20 OF KEY WEST HARBOUR
17 CONDOMINIUM; AND BOUNDED ON THE EAST BY
18 FILLED BAY BOTTOM, SECTION 35, TOWNSHIP 67
19 SOUTH, RANGE 25 EAST, STOCK ISLAND KEY,
20 MONROE COUNTY, FLORIDA.
21
22 WHEREAS,an application was filed by Smith Hawks P.L. on behalf of SH Marinas 6000,
23 LLC, requesting for the Monroe County Board of County Commissioners ("Monroe County",
24 "BOCC", or the "County") to vacate and abandon a portion of Monroe County's public right-of-
25 way situated as more particularly described below; and
26
27 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
28 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly
29 consider renouncing its rights to the instant Monroe County right-of-way after publishing due
30 notice of said hearing in accordance with said Chapter; and
31
32 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
33 a public hearing to decide whether or not to voluntarily abandon the below-referenced portion of
34 public right-of-way in favor of the applicant Smith Hawks P.L. on behalf of SH Marinas 6000,
35 LLC;
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as
41 if fully set forth herein.
42
I Section 2. The Board of County Commissioners of Monroe County, Florida,will hold
2 a public hearing on January 21, 2022, at the Marathon Government
3 Center, 2798 Overseas Highway, Marathon, Monroe County, Florida,
4 to consider whether or not to voluntarily abandon the more particularly
5 below-described public right-of-way in favor of the applicant, Smith Hawks
6 P.L. on behalf of SH Marinas 6000, LLC, to wit:
7
8 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
9
10 COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY
11 RIGHT OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY
12 RIGHT OF WAY LINE OF PENINSULAR AVENUE THENCE RUN
13 "EAST" ALONG THE SOUTHERLY RIGHT OF WAY LINE OF
14 PENINSULAR AVENUE FOR A DISTANCE OF 400 FEET,TO THE POINT
15 OF BEGINNING (POB). THENCE CONTINUE EAST ALONG THE
16 SOUTH RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR A
17 DISTANCE OF 435.74 FEET, TO A POINT. THENCE AT RIGHT ANGLE
18 570 56' 59" FOR A DISTANCE OF 25.01 FEET, THENCE AT RIGHT
19 ANGLE 2010 12' 27" FOR A DISTANCE OF 39.50 FEET, TO A POINT
20 BEING ON THE NORTHERLY RIGHT OF WAY LINE OF SAID
21 PENINSULAR AVENUE THENCE AT RIGHT ANGLE 1000 50' 34"
22 ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR
23 AVENUE, "WEST" FOR A DISTANCE OF 415.03 FEET, THENCE
24 "SOUTH" FOR A DISTANCE OF 60.00 FEET, BACK TO THE POINT OF
25 BEGINNING (POB).
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27 Section 3. Construction and Interpretation. This resolution and its interpretation
28 shall be liberally construed and enforced in favor of Monroe County to
29 effectuate its public purpose(s) and policy(ies) of the County. The
30 construction and interpretation of this resolution and all Monroe County
31 Comprehensive Plan provision(s), Florida Building Code, Florida Statutes,
32 and Monroe County Code(s)provision(s)whose interpretation arises out of,
33 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
35 public purpose(s) and policy(ies) of the County, and shall be construed in
36 favor of the BOCC and such construction and interpretation shall be entitled
37 to great weight in adversarial administrative proceedings, at trial,
38 bankruptcy, and on appeal.
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40 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
41 deemed to have waived, for itself or for its officer(s), employee(s), or
42 agent(s), any sovereign, governmental, and any other similar defense,
43 immunity, exemption, or protection against any suit, cause-of-action,
44 demand, or liability.
45
46 Section 5. Severability. If any provision of this resolution, or any part or portion
47 thereof, is held to be invalid or unenforceable by any administrative hearing
48 officer or court of competent jurisdiction, the invalidity or unenforceability
1 of such provision, or any part or portion thereof, shall neither limit nor
2 impair the operation, enforceability, or validity of any other provision of
3 this resolution, or any remaining part(s) or portion(s) thereof. All other
4 provisions of this resolution, and remaining part(s) or portion(s) thereof,
5 shall continue unimpaired in full force and effect.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
8 at a regular meeting of the Board held on the 8th day of December 2021.
9
10 Mayor David Rice Yes
11 Mayor Pro Tern Craig Cates Yes
12 Commissioner Michelle Coldiron Yes
13 Commissioner District 3 Vacant
14 Commissioner Holly Merrill Raschein Yes
15
16 65 0
17 ` ` � BOARD OF COUNTY COMMISSIONERS
18:` is 23 OF MONROE COUNTY,FLORIDA
21 BY:
22 • 2 = ,�,� MAYOR AVID RICE_
23
24 ATTE . : KEVIN MADOK,CLERK Wlt?1+1ROE COUNTY ATTORNEY
11P� 1VED S2:91.QFIM
25 ...t=.,.. r
26 Date: 11/23/21
27 BY: -
28 AS DEP TY CLERK
29
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