Resolution 125-20231
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RESOLUTION NO.125 -2023
A RESOLUTION SETTING THE DATE, TIME, AND PLACE
FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THE
PUBLIC RIGHT-OF-WAY SITUATED AT, ABOUT, OR ON
AN UNNAMED ALLEYWAY, AS SHOWN ON THE PLAT
OF PAMELA VILLA, PLAT BOOK 3, PAGE 125, OF THE
OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA,
BOUNDED ON THE NORTH BY LIME DRIVE; BOUNDED
ON THE WEST BY BLOCK 5, LOT 12; BOUNDED ON THE
SOUTH BY UNNAMED ALLEY WAY; AND BOUNDED ON
THE EAST BY BLOCK 5, LOT 11, SECTION 22, TOWNSHIP
61 SOUTH, RANGE 39 EAST, KEY LARGO, MONROE
COUNTY, FLORIDA.
WHEREAS, an application was filed by Jackie Valledor, on behalf of NVJ Multiservices, Inc., a
for -profit corporation, requesting for the Monroe County Board of County Commissioners ("BOCC",
"Monroe County", or the "County") to vacate and abandon a portion of Monroe County's right-of-way
situated as more particularly described below; and
WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is necessary to
hold a public hearing for Monroe County Board of County Commissioners to publicly consider renouncing
its rights to the instant Monroe County right-of-way after publishing due notice of said hearing in
accordance with said Chapter; and
WHEREAS, the Monroe County Board of County Commissioners desires to hold apublic hearing
to decide whether to vacate said portion of Monroe County's public right-of-way;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully
set forth herein.
Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
public hearing on April 19, 2023, at the Marathon Government Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida, to determine whether or not to vacate the above -referenced and
more particularly described below right-of-way held by Monroe County, more particularly described as
follows, to wit:
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THE P UBLIC RIGHT OF WAY DESCRIBED AS:
1" l"d t J,`, u ` t lon of mt 15 f o a t wide cA l,e y ad jiP-° e N'r t a.rmrt o ort to lQuati o t o the
Soa,mt1ter°wllr arul Siumrtlr esttroly line is f", Uvme M, ive and Lots 11 asmwtol 12,
Bloir:ll,k 5, RAMELtt 'or11LA-A, m,,x000m,,,tArr,p to the lr"l,o.t ther r rtt" CIS Remy rmotlerl In
Plat Book 1, of Ploge 125 of thel Pubiil4r;; of Ilttµ t,ir oe County,
1 loal orwid beIng mor-e ilrmatr tica,Aell rl rtescim,lt erl as l ottio^*asp
t ormrroert'r,"1 "m9 rr tl ,r C rh-.t r ..t,�° µ„° " titr tlor tl R(luick Cio rift?rw marl'" sails
L.a,t, lfl, 81(or4r It or) themi o Slotothwe stieol llnrr of Ume 1)rilwe cv)d South
earstemrl Line trf` the Der -sects Il°i1q,1't oyl therrott earn S 52*49'5' 4'
along thie lire i IUme Drive om°rrt the ltc)mrthttasterAy
Ilion of Lot 12, Slock 5 Fool- mr, rtis,h,,iri e o �,05,011 ("ee't tir the Ilaralnt
of BegIrw0nig of t1°me l nor i l l°mer-(Anttf toga die sc,r1b,elid I themrce wlth,d
curve ,t1,.ja Nt t ci, t'1°ttt m-ll ltt wltfl la m",t'Wituo OF ,1() l°, ItV° tt ch,i ,m d
If°wmrm°rolm of S 07*49"54" E, l o ol,'m r d lier ttm of 2 " 1 ", thence
rrlor or° Hof curve for391,27j�,thileirm �l "l i"6" V o disturme of
" 2, 2% to, tl,te most t SaavAKeol,t" om�,rwr, of Lot 12, 5; °tPielml
52*49'514," o distanicie of 1' .001" to oA l col °t opli tltel IRoiv,,Ahwesterly
N r th eo ter,",l t litre of Lot 11, : Will 111 thence trloiral sold lne,
3 11'1'ltl E o d1ttttrnce of 63..11 ''to the Northwesterly cor, finer, OF
Lot 11, Block 51 thence S 89*4711" " Im ton 1i !$'Gut° oi,;A1er It
e tent l ri of l�iore llr Ivie o rtls toill),c t o "�1"8, �t thence Ilt 2*49'514" W
rrlormq o orrtlar t.oterly e :lensloti af tlto Sritithrroterly lWilie o,f IJ�me
Drive o, rlistorwe of 32,15', back to l°lmtr Pol1iir°lt of llrr li�mrml��mo.,.
°"° rto t olr lr" tl 1,01 m21,99 ttr ui0i ora"c' i I t ll
Section 3. Construction and Interpretation. This resolution and its interpretation shall be
liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
policy(ies) of the County. The construction and interpretation of this resolution and all Monroe County
Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s)
provision(s) whose interpretation arises out of, relates to, or is interpreted in connection with this resolution
shall be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
policy(ies) of the County, and shall be deferred in favor of the BOCC and such construction and
interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy,
and on appeal.
Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed
to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and
any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand,
or liability.
Section 5. Severability. If any provision of this resolution, or any part or portion thereof, is
held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction,
the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor
impair the operation, enforceability, or validity of any other provision of this resolution, or any remaining
part(s) or portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s)
thereof, shall continue unimpaired in full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting held on the 22°a day of March, 2023.
Mayor Craig Cates Yes
Mayor Pro Tem Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
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I Commissioner James K. Scholl
2 Commissioner David Rice
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ATTEST: KEVIN MADOK, CLERK
By:
AS DEPUTY CLERK
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Yes
Yes
BOARD -OF COUNTY COMMISSIONERS
OF MONROE CO , FLORIDA
By:
M R YA
MONROE_COUNTY ATTORNEY
A 1�ED Sp�TOfQRM
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DaW 317123
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