Resolution 039-2022 3
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13 RESOLUTION NO. 039 -2022
14
15 A RESOLUTION OF THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS RENOUNCING AND
17 DISCLAIMING ANY RIGHT OF THE COUNTY AND
18 PUBLIC IN AND TO THE RIGHT-OF-WAY OF SITUATED
19 AT, ABOUT, OR ON PENINSULAR AVENUE, AS SHOWN
20 ON THE PLAT OF GEORGE L. MCDONALD PLAT BOOK 1,
21 PAGE 55, BOUNDED ON THE NORTH BY BLOCK 45,
22 LOTS 42-46 AND 52-57; BOUNDED ON THE WEST BY
23 PENINSULAR AVENUE; BOUNDED ON THE SOUTH BY
24 BLOCK 61, LOTS 5-7, PARCELS C, D AND G, AND UNITS
25 WS-32 AND UNIT B1-L1-20 OF KEY WEST HARBOUR
26 CONDOMINIUM; AND BOUNDED ON THE EAST BY
27 FILLED BAY BOTTOM, SECTION 35, TOWNSHIP 67
28 SOUTH, RANGE 25 EAST, STOCK ISLAND KEY,
29 MONROE COUNTY, FLORIDA.
30
31 WHEREAS, an application was filed by SH Marinas 6000 LLC, requesting for the
32 Monroe County Board of County Commissioners ("Monroe County", "BOCC", or the
33 "County"), to vacate and abandon a portion of Monroe County's right-of-way situated as more
34 particularly described below; and
35
36 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is
37 necessary to hold a public hearing of the Monroe County Board of County Commissioners to
38 publicly consider renouncing its rights to the instant Monroe County right-of-way after
39 publishing due notice of said hearing in accordance with said Chapter; and
40
41 WHEREAS, due notice has been published and a public hearing has been held in
42 accordance with Chapter 336, Florida Statutes; and
43
44 WHEREAS, at said public hearing, the Board has considered the application requesting
45 for it to renounce and vacate any right of the County and/or public in and to the hereinafter
46 described public right-of-way as delineated on the hereafter described legal description, plan, or
47 map;
48
Page 1 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and
5 correct, and are hereby incorporated as if fully set forth herein.
6
7 Section 2. Monroe County hereby renounces and vacates any right of the County
8 and/or the public in and to the hereinafter described public right-of-way as delineated on the
9 hereafter described legal description, plan, or map, to-wit:
10
11 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
12
13 LEGAL DESCRIPTION OF THE TOTAL RIGHT-OF-WAY FOR
14 ABANDONMENT:
15
16 COMMENCE (POC) AT THE INTERSECTION OF THE EASTERLY RIGHT
17 OF WAY LINE OF MALONEY AVENUE AND THE SOUTHERLY RIGHT
18 OF WAY LINE OF PENINSULAR AVENUE THENCE RUN "EAST" ALONG
19 THE SOUTHERLY RIGHT OF WAY LINE OF PENINSULAR AVENUE FOR
20 A DISTANCE OF 400 FEET, TO THE POINT OF BEGINNING (POB).
21 THENCE CONTINUE EAST ALONG THE SOUTH RIGHT OF WAY LINE
22 OF PENINSULAR AVENUE FOR A DISTANCE OF 435.74 FEET, TO A
23 POINT. THENCE AT RIGHT ANGLE 57° 56' 59" FOR A DISTANCE OF
24 25.01 FEET, THENCE AT RIGHT ANGLE 201° 12' 27" FOR A DISTANCE
25 OF 39.50 FEET, TO A POINT BEING ON THE NORTHERLY RIGHT OF
26 WAY LINE OF SAID PENINSULAR AVENUE THENCE AT RIGHT ANGLE
27 100° 50' 34" ALONG THE NORTHERLY RIGHT OF WAY OF PENINSULAR
28 AVENUE, "WEST" FOR A DISTANCE OF 415.03 FEET, THENCE "SOUTH"
29 FOR A DISTANCE OF 60.00 FEET, BACK TO THE POINT OF THE OF
30 BEGINNING(POB).
31
32 2. Monroe County conveys said right-of-way as described above with the following
33 conditions:
34
35 1) A T-turnaround shall be provided in a location accessible to the fire
36 department in non-emergency conditions.
37
38 2) If the Applicant fails to file for the permit to construct the T-
39 turnaround within 180 days of this approval, as stated in the
40 agreement, the right-of-way will revert back to Monroe County by
41 operation of law.
42
43 3) Where gate(s) are placed across entrance(s) to the access road(s)
44 emergency access shall be through operation of automatic access at
45 points of ingress and egress activated by electronic siren in "Welp" and
46 "Wail" modes.
47
Page 2 of 4
1 4) The stormwater inlet structure within the abandoned portion of right-
2 of-way and the outfall beyond the end of the right-of-way shall become
3 the responsibility of the petitioner; the County will no longer maintain
4 these structures.
5
6 5) All required easements shall be fully executed and submitted to the
7 County to be recorded as part of the abandonment resolution within 10
8 days of this approval. If the applicant fails to provide the required
9 executed easements within the stated time frame, the right-of-way will
1? revert back to Monroe County by operation of law.
12 Section 3. Construction and Interpretation. This Resolution and its interpretation
13 shall be liberally construed and enforced in favor of Monroe County to effectuate its
14 purpose(s) and policy(ies) of the County. The construction and interpretation of this
15 resolution and all Monroe County Comprehensive Plan provision(s), Monroe County
16 Land Development Code and Monroe County Code of Ordinances provision(s) ("Monroe
17 County Code(s)provisions(s)"). Florida Building Code, Florida Statute(s), and Monroe
18 County resolution provision(s)whose interpretation arises out of, relates, or is interpreted
19 in connection with this resolution shall be liberally construed and enforced in favor of
20 Monroe County to effectuate its public purpose(s) and policy(ies) of the County, and
21 shall be construed in favor of the BOCC and such construction and interpretation shall be
22 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy,
34 and on appeal.
25 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
26 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any
27 sovereign, governmental, and other similar defense, immunity, exemption, or protection
30 against any suit, cause-of-action, demand, or liability.
30 Section 5. Severability. If any portion of this Resolution, or any part or portion
31 thereof, is held to be invalid or unenforceable by any administrative hearing officer or
32 court of competent jurisdiction,the invalidity or unenforceability of such provision, or
33 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or
34 validity of any other provision of this Resolution, or any remaining pert(s) or portion(s)
35 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s)
g thereof, shall continue unimpaired in full force and effect.
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
39 at a regular meeting of the Board held on the 21st day of January, 2022.
40
41 'MONROE COUNTY ATTORNEY Mayor David Rice Yes
42 AP _ VEO. S QRM. Mayor Pro Tern Craig Cates Yes
43 r- ���2 Commissioner Michelle Coldiron Yes
Date: 1/1I21
44 Commissioner District 3 Vacant
ig Commissioner Holly Merrill Raschein Yes
BOARD OF COUNTY COMMISSIONERS
48 'J�� .. OF MONROE COUNTY, FLORIDA
49 �L.a�'' '�$� rem �;:'� � /0 ' �
IA '`F" F BY
51 r ..
52 ( ;° MAYOR DAV RICE
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Page 3 of 4
FIL.En FOR RECORD
7077 FEB -2 111110: 2
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The Florida Keys Only Daily Newspaper,Est, 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext 219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
MURRY E NELSON GOVERNMENT CENTER
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account:423741 Ticket: 3827468
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
r
�` 1 'ISki k ��� ,who on oath says that he or she is
`� t `"`r r of the Key West Citizen,a five day
newspaper published in Key West,in Monroe County,Florida;that the attached
copy of advertisment,being a legal notice in the matter of was published in said
newspaper in the issues of:
Saturday,January 1,2022
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 Tuesday thru
Saturday weekly,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 further says
that he or she has neither paid nor promised any person,firm or corporation any
discount,rebate,commissi•• • efund for the purpose of securing this advertise-
d nt for p ication in th- newspaper.
(Signature��tu� of Affiant))
A if 16;it su• •efore me this 5th day of January 2022
(Not • Tj , -)
(1.`fry Pudic Printed Name) (Notary Seal)
My commission expires
Personally Known Produced Identification_
Type of Identification Produced
;a0.'4", Suelynn Stamper
-.� "', COMMISSION#GG232802
; ''� / EXPIRES:June 27,2022
'�'�� �0\`' Bonded lint Aaron Notary
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' -d `fir i:t ,'{" r. ,�!" 5`r i -
MONROE COUNTY
BOARD ''OF COUNTY-r
3 }COMMISSIONERS :L
NOTICE OF PUBLIC s r
MEETING ANDNOTICE
- 'OF PUBLIC HEARING
• January 21,'2022
:NOTICE IS HEREBY GIVEN F that on Friday,
January 21, 2022, the,Monroe County,Board
•
`of�,County Commissioners will hold;:a' Public
'Meeting; begin•ning `at 09 00 A,M The i BOCC:'
'meeting will be,a'hybrid format e with th County
m •
'Commioniss memberm s" eeting.•live in.Marathon
The public will,be able to•participate--via Zoom
Webinac The following'items-will'be-considered.at,.,
`a PUBLIC MEETING:
PUBLIC HEARINGS. .1 30 PM (or :ask soon.
thereafter as may be heard)
A RESOLUTION=OF THf;MONROE COUNTY BOARD
i3OF="COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING''ANY RIGHT OF,THE .COUNTY 'AND
PUBLIC IN AND,TO THAT.PORTION OF THE RIGHTOF-
WAY OF PENINSULAR AVE;AS SHOWN ON THE•PLAT
OF GEORGE L`MCDONALD'S ;PLAT.BOOK I,',PAGE
55 BOUNDED.ON THE.NORTHBY BLOCK 45-LOTS
, 42,46,-AND LOTS_52-57;,-BOUNDED,ON;`THE..WEST
:'BY PENINSULAR 'AVE; BOUNDED,ON THE SOUTH ;
BY BLOCK 61;LOTS-5-7,.PARCELS C,.D AND G,AND
UNITS`WS=32'.AND UNIT B1-L-1=20 OF KEY'WEST •
HARBOUR'CONDOMINIUM;:.AND BOUNDED ON.THE,."
EAST BY FILLED BAY BOTTOM (FILE 2020 111)
:.Please visit t62,Monroe County.Website atlwwk,
)bonroecounty-fl.gov:for meeting.agenda,updates':.
'and Information regarding :the `various',•options
a"vailabie to the,public to view the live meeting and/or
do make public comments on:certain agenda items.
. Pursuant to Section 286 0105 Florida Statutes;if a person'" 'T
decides to-appeal,any decision'of:the Board of
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,hekor
need to ensure everbatim:record;of;the proceedirigs-Is.
L. made;-which record Includes the,testimony`&evidence
upon which the appeal is tobe based.
ADAASSISTANCE:if you area person with a disability..
who needs special -accomrirodations ih. Dialer to
participate In:this proceeding, please contact,.ilia"
.CountyAdminlstietor's-ON1ce;bvohoning(305)292=
4441,.between the hours of•&30 a:m.=5'00-p.m.,no,
, laterthanfive(5)calendar days prfoc to the
Meeting;if.you.are hearing;or voice impaired;
JMuorY��2022 9, l:Kei mi3411