Item J4 J4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
February 21, 2024
Agenda Item Number: J4
2023-2100
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: Approval of a Resolution Setting the Time, Date, and Place for a
Public Hearing to Consider Approval of a Resolution Renouncing and Disclaiming Portions of the
Right-of-Way of Magnolia Street, Hibiscus Street, Oleander Street, Poinsetta Avenue, Bougainvilla
Avenue and an Unnamed Right-of-Way, as shown on the Key Largo plat of Ocean Acres, Plat Book 1,
Page 188, Official Records of Monroe County, Florida.
ITEM BACKGROUND:
Monroe County seeks to abandon portions of the right-of-way of Magnolia Street, Hibiscus Street,
Oleander Street, Poinsetta Avenue, Bougainvilla Avenue and an unnamed right-of-way, Key Largo,
Monroe County, Florida, as shown on the plat of Ocean Acres, Plat Book 1, Page 188, of the Official
Records of Monroe County, Florida.
The areas proposed for abandonment have never been lawfully developed, contain Tier I native upland
vegetation/habitat, and only access publicly-owned undeveloped Tier I conservation lands owned by
Monroe County and State of Florida. Abandonment will aid in the conservation of native upland
vegetation/habitat by creating (restoring) contiguous vegetation/habitat that was previously illegally
developed (illegally landcleared)with no development permits or approvals.
All right-of-way abandonments shall comply with the Codes and standard engineering requirements for
road, turn-around and fire-rescue access. If required for safety purposes, as determined by either Fire
Marshal or the County Engineer, a dedicated turn-around area shall be shown on the submitted survey
and shall be agreed to in writing and constructed with payment by the property owner(s)requesting
abandonment.
Pursuant to Code of Ordinances Section 19-1, Monroe County professional staff recommends approval
of a Resolution setting a public hearing for March 20, 2024, at the Murray Nelson Government
2509
Center, 102050 Overseas Highway, Key Largo, Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Resolution.pdf
FINANCIAL IMPACT:
N/A
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0
3
4
5 RESOLUTION NO. -2024
6
7 A RESOLUTION SETTING THE DATE, TIME, AND
8 PLACE FOR A PUBLIC HEARING REGARDING
9 PROPOSED ABANDONMENT OF PORTIONS OF THE
10 RIGHT-OF-WAY OF MAGNOLIA STREET, HIBISCUS
11 STREET, OLEANDER STREET, POINSETTA AVENUE,
12 BOUGAINVILLA AVENUE, AND AN UNNAMED RIGHT-
13 OF-WAY, BOUNDED ON THE NORTH, SOUTH, EAST,
14 AND WEST BY UNDEVELOPED TIER I LANDS OWNED
15 BY THE MONROE COUNTY BOARD OF COUNTY
16 COMMISSIONERS AND STATE OF FLORIDA, MORE
17 PARTICULARLY DESCRIBED AS SQUARES 1 — 14 OF
18 THE RECORDED PLAT OF OCEAN ACRES, PLAT BOOK
19 1, PAGE 188, OFFICIAL RECORDS OF MONROE
20 COUNTY, FLORIDA, AS SHOWN ON THE RECORDED
21 KEY LARGO PLAT OF OCEAN ACRES, PLAT BOOK 1,
22 PAGE 188, OFFICIAL RECORDS OF MONROE COUNTY,
23 FLORIDA.
24
25
26 WHEREAS, the Monroe County Board of County Commissioners ("Monroe County",
27 "BOCC", or the "County") seeks to vacate and abandon portions of the right-of-way situated as
28 more particularly described above and below; and
29
30 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is
31 necessary to hold a public hearing for the Monroe County BOCC to publicly consider said
32 abandonment after publishing due notice of said hearing therewith; and
33
34 WHEREAS, the Monroe County BOCC hereby desires to hold a public hearing to
35 consider abandonment of the subject portions of right-of-way situated as more particularly
36 described above and below;
37
38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
40
41 Section 1. Recitals and Legislative Intent. The foregoing title and recitals are true and
42 correct, and are hereby incorporated as if fully set forth herein.
43
44 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
45 public hearing on March 20, 2024, at the Murray Nelson Government Center, 102050
46 Overseas Highway, Key Largo, Monroe County, Florida, to consider abandoning the
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I subject portions of right-of-way situated as more particularly described above and below
2 as established by the recorded Key Largo plat of Ocean Acres, Plat Book 1, Page 188,
3 Official Records of Monroe County, Florida, to wit:
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6 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
7 be liberally construed and enforced in favor of the Monroe County BOCC and such
8 interpretation shall be entitled to and granted great weight in adverse administrative
9 proceedings, at trial, in bankruptcy, and on appeal, and all provisions of the Monroe
to County Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain
11 management regulations, and Florida Building Code whose interpretation arises out of,
12 relates to, or is interpreted in connection with this Resolution shall be liberally construed
13 and enforced in favor of the Monroe County BOCC and such interpretation shall be
14 entitled to and granted great weight in adversarial administrative proceedings, at trial, in
15 bankruptcy, and on appeal.
16
17 Section 4. No Liability. Monroe County expressly reserves and in no way shall be
18 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any
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I sovereign, governmental, and any other similar defense, immunity, exemption, or
2 protection against any suit, cause-of-action, demand, or liability.
3
4 Section 5. Severability. If any provision of this Resolution, or any part or portion
5 thereof, is held to be invalid or unenforceable by any administrative hearing officer or
6 court of competent jurisdiction, the invalidity or unenforceability of such provision, or
7 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or
8 validity of any other provision of this Resolution, or any remaining part(s) or portion(s)
9 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s)
10 thereof, shall continue unimpaired in full force and effect.
11
12 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
13 regular meeting held on the 2 1" day of February, 2024.
14
15 Mayor Holly Merrill Raschein, District 5
16 Mayor Pro Tem James K. Scholl, District 3
17 Commissioner Craig Cates, District 1
18 Commissioner Michelle Lincoln, District 2
19 Commissioner David Rice, District 4
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE COUNTY, FLORIDA
23
24
25 MAYOR HOLLY MERRILL RASCHEIN
27 (SEAL) " T f
28
29 ATTEST: KEVIN MADOK, CLERK .-- . - �
PETERIS
30 ASSISTANT COUNTY ATTORNEY
31 Date. 2/6/2024
32 AS DEPUTY CLERK
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