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Item R2BOARD OF COUNTY COMMISSIC AGENDA ITEM SUMMARY Meeting Date: November 16, 2011 Division: Growth Manama Bulk Item: Yes No x Department: Planning & Environmental Resources Staff Contact Person/Phone #: Steven Biel Senior Planner, Ext. 8732 AGENDA ITEM WORDING: Public hearing to consider the abandonment of a 12.77 SF portion of right-of- way along King Street that was not included in a recent road abandonment of a portion of the western half of King Street (Resolution No. 146-2011) that is adjacent to Block 6 and Blue Runner Street in Anglers Park Subdivision, Key Largo. ITEM BACKGROUND: The petitioner had requested and received approval through Resolution No. 146-2011 for the abandonment of a portion of the right-of-way of the western half of King Street. The platted right-of- way for King Street was never constructed and the eastern portion of the right-of-way was abandoned in 2002 as memorialized by Resolution No. 541-2002. A draft Quit Claim Deed was submitted by the petitioner that would deed approximately 12.77 square feet to the adjacent property owner in order to maintain 5 feet between the adjacent property owners driveway and the new property line that was created by the abandonment. When a new survey was submitted to the County reflecting the area of the deeded land, the 12.77 SF of land was deducted out of the calculations for the road abandonment area. Thus, the 12.77 SF of land was not part of the road abandonment approved under Resolution No. 146-2011 and cannot be deeded to the adjacent property owner by the original petitioner. PREVIOUS RELEVANT BOCC ACTION: October 19, 2011 - BOCC approved to advertise public hearing May 18, 2011-approved Resolution 146-2011 for the abandonment of a portion of the western half of King Street, adjacent to Block 6 and Blue Runner Street. November 20, 2002-approved Resolution No. 541-2002 for the abandonment of the eastern half of the King Street right-of-way from Lot 17, Block 7 to the terminus with Bonito Avenue. June 10,1969-approved Resolution No. 51-1969 for the abandonment of the King Street right- of-way to approximately the northern boundary of Lot 17 located in Block 7. In 1959, approved a resolution for the abandonment of a portion of the right-of-way extending northerly from Adams Cut to approximately just north of another abandoned right-of-way (Tarpon Avenue). CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes _No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #, Revised 7/09 RESOLUTION NO. -2011 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A 12.77 SQUARE -FOOT PORTION OF RIGHT-OF-WAY ALONG KING STREET THAT WAS NOT INCLUDED IN A RECENT ROAD ABANDONMENT OF A PORTION OF THE WESTERN HALF OF KING STREET (RESOLUTION NO. 146-2011) THAT IS ADJACENT TO BLOCK 6 AND BLUE RUNNER STREET IN ANGLERS PARK SUBDIVISION, KEY LARGO AS RECORDED IN PLAT BOOK 1, PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways; and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes; and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and considered the renouncing and disclaiming of any right of the County and public in and to the hereinafter described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat; and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Florida Statute Sections 336.09 and 336.10; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims any right of the County and public in and to the following described streets, alley- ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "A portion of King Street, adjacent to Blue Runner Street, all as shown on Plat of Anglers Park, according to the Plat thereof, as recorded in Plat Book 1, at page 159 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection formed by the dividing line between Lots 16 and 17, Block 7, and the East right-of-way line of King Street as shown on said Plat of Anglers Park; thence run in a Westerly direction along the Westerly extension of the dividing line between said Lots 16 and 17 for a distance of 25.00 feet to a point on the Centerline of said King Street, thence deflecting 90' to the right and in a Northerly direction along said Centerline of King Street for a distance of 76.42 feet to the Point of Beginning of the land hereinafter described; thence deflecting 51 °55'00" to the left and running in a Northwesterly direction for a distance of 4.47 feet to a point on the Southwesterly right-of-way line of said Blue Runner Street; thence deflecting 90' to the right and running in a Northeasterly direction and along said Southeasterly right-of-way line for a distance of 5.71 feet to a point on the Centerline of said King Street; thence deflecting 141 °55'00" to the right and running in a Southerly direction along said Centerline of King Street for a distance of 7.25 feet back to the Point of Beginning. Containing 12.77 square feet, more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 16'' day of November, 2011 Mayor Heather Carruthers Mayor Pro Tem David Rice Kim Wigington George Neugent Sylvia I Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK LM BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA LIM Mayor Heather Carruthers MON E COUNTY ATTORNEY A OVER AS TO FORM r Date: ®"!® 17 ii1:..,. ' ti It ! I M 1 11 t t ' ! " :;I" • I• f •I'� •ill' 1• ;M'' :�4. 4,0 ' • ' • 1' • : flf19jzv *A j kell If ' :+ IIIR ; •'� ,. lill IIr�AfII :� �'/ r Illf ♦ } 11.E jr-719f. r I t ICI :f, � /1.;. 111 ,1� ) 'I AI � r 111,. 'll 1 �RI• / 1 , 1 4II II 1 <- -11! -�1:. i lr notice k. has i 1 1 /, and Public heaft Mr 111 V .I, .t said public hearing the Board coneWered d ;f •f, t,I -1, Aalul lit;f tr ". !) +t -t} wishing tospink on I.i• 1/ and considered li ../ 11 hI! ' %,1 } it : 11, 4 Ii :AI "/l I d County and public 1, and to dw hmetnafm 1 ,kl 1 1 sxl .:11;alley-waA roads, gt " /. Ally f -! on 11 IN •1 •III lI-+ dcmflxd map or plat and I ; l:' the Board : has u_'1 tI, I .aI dud vacation of s9d road is for 1, " •ti.tl public 1:,and kI I 1 • III: to the reqWremant of .. I r, : Stahft Secdons 336.09 and 336.1 !' and :I:N' :A' :,3 :m 4IVA :dl '.I: • i `,�: I S 1 : A Ail •Il �: .; , :'. , =-;liar' r 1 R = i = -ill I'1: I -�, ;1,•l, c, ry :,+ rl • r /f r <l 3c' .11nlll;: /.n W" ldPl ♦. N'! it I m 90 WO-W-4