Resolution 124-20231
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RESOLUTION NO.124 -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
SANTA ANITA LANE, AS SHOWN ON THE PLAT OF
CROSS KEY WATERWAY ESTATES SECTION THREE,
PLAT BOOK 6, PAGE 61, BOUNDED ON THE NORTH BY
SANTA ANITA LANE; BOUNDED ON THE WEST AND
SOUTH BY BLOCK 7, LOT 10; AND BOUNDED ON THE
EAST BY BLOCK 7, LOTS 11 & 12, SECTION 14,
TOWNSHIP 61 SOUTH, RANGE 39 EAST, KEY LARGO,
MONROE COUNTY, FLORIDA.
WHEREAS, an application was filed by Michelle Espinosa, requesting for the Monroe County
Board of County Commissioners ("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:
THE PUBLIC RIGHT OF WAYDESCRIBED AS:
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U:: I UIIL:,11 ! OF R11C1HT—OF—WAY BFflNG FAST OF AND ADJAUN170 THF
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AY
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�� �'L�ql(:`� T1 I`U_E PLAJ.1VNERE11I ,S
I1L.¢°v,(.18-1DED UNl PLAT BOOK Via, A-r PAGE 61, OF THE I"'1.1 :'UG RECORDS,
OF Mu NR(: F 1N'1Y, F L ORIU.. A BEING P OU-1Y: P I1"G
L1LS(Mx}~(pE'LLr'" S i OLLOW& COMMENCE A1..1 U flIL 1NOFII.1 U.NVL`.i..U. ( O ilh", ER
(.)I... LOT 12131 0(">( 7 ()F ISAI ID P1 /'1,T, TN 0 p�� I1 6 p r^yQ��R 71,C)5
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FORp2yy�N(.III�`�"pph�ppN�L.L. TO [HE I'�(.1U111 F �(..� E (�I(`�NR,X3. .,�1NT�,ININ('i 1785 r..�
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 of the Board held on the 22nd day of March 2023.
Mayor Craig Cates Yes
Mayor Pro Tem Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
Commissioner James K. Scholl Yes
Commissioner David Rice Yes
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ATTEST: KEVIN MADOK, CLERK
By: «.�
AS DEP TY CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY, FLORIDA
BY:
MA R CATN
MONROE COUNTY ATTORNEY
AP , Z! c 1�ED S TQFQRM
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