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