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Resolution 066-2022 �r 3 s 4 5 RESOLUTION NO. 066 -2022 6 7 A RESOLUTION SETTING THE DATE, TIME, AND 8 PLACE FOR A PUBLIC HEARING CONCERNING AN 9 APPLICATION REQUESTING VOLUNTARY 10 ABANDONMENT OF MONROE COUNTY'S INTEREST IN 11 A PORTION OF THE PUBLIC RIGHT-OF-WAY 12 LOCATEED ON KAY DRIVE, KEY LARGO, MONROE 13 COUNTY, FLORIDA, AS SHOWN ON THE PLAT OF KEY 14 LARGO TRAILER VILLAGE, PLAT BOOK 5, PAGE 43 15 AND THE PLAT OF KEY LARGO TRAILER VILLAGE 16 FIRST ADDITION, PLAT BOOK 5, PAGE 55. 17 18 19 WHEREAS, an application was filed by James Lupino, Esq. of Hershoff, Lupino & 20 Yagel, LLP (the "agent") on behalf of Largo 89, LLC, and AJC Berna Properties, LLC (the 21 "applicants") requesting for the Monroe County Board of County Commissioners ("Monroe 22 County", "BOCC", "Monroe County", or the "County") to voluntarily renounce, disclaim, and 23 abandon a portion of Monroe County's public right-of-way situated as more particularly 24 described below; and 25 26 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is 27 necessary to hold a public hearing for Monroe County Board of County Commissioners to 28 publicly consider renouncing its rights to the instant Monroe County right-of-way after 29 publishing due notice of said hearing in accordance with said Chapter; and 30 31 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold 32 a public hearing to decide whether or not to voluntarily abandon the below-referenced portion of 33 the public right-of-way described herein in favor of the applicants Largo 89, LLC, and AJC 34 Berna Properties, LLC; 35 36 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 37 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 38 39 Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set 40 forth herein. 41 42 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a public 43 hearing on March 16, 2022, at the Murray Nelson Government Center, 102050 44 Overseas Highway, Key Largo, Monroe County, Florida, to consider whether or 45 not to voluntarily renounce, disclaim, and abandon Monroe County's public right-of- File No.2018-179 Page 1 of 4 I way more particularly below, in favor of the applicants Largo 89, LLC, and AJC 2 Berna Properties, LLC, to wit: 3 4 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 5 6 DESCRIPTION"A-l" 7 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER 8 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY 9 LARGO TRAILER VILLAGE FIRST ADDITION, recorded in Plat Book 5 at Page 10 55 of the Public Records of Monroe County, Florida and being more particularly 11 described as follows: 12 13 COMMENCING at the Southwesterly corner of said Lot 16, Block 10, run West 14 along the West projection of the North line of Avenue 'D' for a distance of 20.00 feet 15 to the POINT OF BEGINNING of the Portion of Kay Drive hereinafter described; 16 thence continue West for 20.00 feet to a point on the East line of Lot 1, Block 19, 17 KEY LARGO TRAILER VILLAGE FIRST ADDITION; thence run North along the 18 said East line for 15.53 feet to a point on the Platted shoreline of Tarpon Basin; 19 thence run N.70°06' 41"E, along said Platted shoreline for 21.27 feet; thence run 20 South for 22.76 feet back to the POINT OF BEGINNING. Containing 382.9 square 21 feet. 22 Q'04 fFiciat Record A Boole 8898 Page 1231 LB I� Ll L 7 L3 L L4 I cc 0 Plat 1 PARCEL '11' ► v s an n Official Record fy� it���4 A1'�`�`�0 LOT 16 1 Book 606 � n� z � � BLOCK 110 I 1 Page , PA f;EL .IV) KEY LARGO � N - I TRAILER VILLAGE I r N nl cP x �: b•= PARCEL , ~ ''AA 1•sx A Y of H 7 Ec .Went vi t o n ' xo J m (Plat Hook 5, Page 437 ,�.Le'-5h.,reine ,.a,� 17,D0 1 0 WEST t BO'f Plat �4 c 25.001 Pt. Mix VEST — —15.00' VEST 80't Plat 0 H W Pt. J u �I M13 �'1 > AV E N U E 'A' Z0 Of 1 1Ce BLOCK 4 J , �ICe f 23 W 9 =1 / 24 25 26 DESCRIPTION"A-2": 27 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER 28 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY File No.2018-179 Page 2 of 4 I LARGO TRAILER VILLAGE FIRST ADDITION, recorded in Plat Book 5 at Page 2 55 of the Public Records of Monroe County, Florida and being more particularly 3 described as follows: 4 5 BEGINNING at the Southwesterly corner of said Lot 16, Block 10, run West along 6 the West projection of the North line of Avenue "D" for a distance of 20.00 feet; 7 thence run North for 22.76 feet to a point on the Platted shoreline of Tarpon Basin; 8 thence run N.70°06'41"E, along the Platted shoreline for 21.27 feet to a point on the 9 West line of Lot 16, Block 10; thence run South along said West line for 30.00 feet 10 back to the POINT OF BEGINNING. Containing 527.7 square feet. Of iciaat Recarad Book 2898 s Page 1231 L8 4 I G l L 1 L L3 4'L I ; 0 n:1 PARCEL 'B' s v sra {n6 fficia£ Record 1 LYE 16 Brook P6 � z zK Q ALaCK 10 I Page € �" F CEL KEY LARGU ,._ PARCEL= a .� , TRAILER VILLAGE n d-A-1" E. t,su o o t o v5 y n (Pta't Hook 5, Page 43) z zo.a:a 20 49" _ 801t Pkat 1 0 WE, 1 ON W 141 1 -5 WEST _ Y Q au a00, QQ . — WEST 8011 Plait .-. `3 a15 1 W P�: ql p43 Of s1 A V E N lJ E ' ' y_�. __:__ F }3L■CK 4 12 13 14 Section 3. Construction and Interpretation. This resolution and its interpretation shall be 15 liberally construed and enforced in favor of Monroe County to effectuate its public 16 purpose(s) and policy(ies) of the County. The construction and interpretation of this 17 resolution and all Monroe County Comprehensive Plan provision(s), Florida Building 18 Code, Florida Statutes, and Monroe County Code(s)provision(s) whose interpretation 19 arises out of, relates to, or is interpreted in connection with this resolution shall be 20 liberally construed and enforced in favor of Monroe County to effectuate its public 21 purpose(s) and policy(ies) of the County, and shall be construed in favor of the 22 BOCC and such construction and interpretation shall be entitled to great weight in 23 adversarial administrative proceedings, at trial, bankruptcy, and on appeal. 24 25 Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to 26 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 27 governmental, and any other similar defense, immunity, exemption, or protection 28 against any suit, cause-of-action, demand, or liability. File No.2018-179 Page 3 of 4 1 2 Section 5. Severability. If any provision of this resolution, or any part or portion thereof, is held 3 to be invalid or unenforceable by any administrative hearing officer or court of 4 competent jurisdiction, the invalidity or unenforceability of such provision, or any 5 part 1 or portion thereof, shall neither limit nor impair the operation, enforceability, or 6 validity of any other provision of this resolution, or any remaining part(s) or 7 portion(s) thereof. All other provisions of this resolution, and remaining part(s) or 8 portion(s)thereof, shall continue unimpaired in full force and effect. 9 10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, ii Florida, at a regular meeting held on the 16th day of February .,2022. 12 13 Mayor David Rice Yes 14 Mayor Pro Tem Craig Cates Yes 15 Commissioner Michelle Coldiron Yes 16 Commissioner District Three VACANT 17 Commissioner Holly Merrill Raschein _ Yes 18 19 04 ZZS1/4...;,,, BOARD OF COUNTY COMMISSIONERS 20 � OF MONROE COUNTY, LORIDA ' e- .22 4 23Id I BY: *� MAYOR DA RICE 24 SEr . •` 25 Oo, Sr4 26 ATTEST: VIN MADOK, CLERK AMOP5O0 COUNTY TO ATTORNEY 27 �- �� . Date: . 28 29 AS DEPUTY CLERK 1., f• rn 5s - — m (7) "gin .7 File No.2018-179 Page 4 of 4