Item J5 J5
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: J5
2023-2092
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, Requested by Island Construction Management
Inc. as Agent for Magnolia 101 LLC, Renouncing and Disclaiming the Right of the Monroe County
BOCC and Public to a Portion of Right-of-Way Located on a Portion of the Hibiscus Street Right-of-
Way, Bounded on the West by a Portion of the Hibiscus Street Right-of-Way Already Abandoned in
Favor of and To the Monroe County BOCC as Owner of Square 19 of the Recorded Ocean Acres Plat
and State of Florida as Owner of Square 22 of the Recorded Ocean Acres Plat, Bounded on the South
by Square 23 of the Recorded Ocean Acres Plat, Bounded on the East by Hibiscus Street Right-of-Way,
and Bounded on the North by Square 20 of the Recorded Ocean Acres Plat, as Shown on the Key Largo
Plat of Ocean Acres, Plat Book 1, Page 188, Official Records of Monroe County, Florida.
ITEM BACKGROUND:
The applicant, Magnolia 101 LLC, via Island Construction Management Inc. acting as an authorized
agent, is seeking for the Monroe County BOCC to voluntarily abandon a portion of right-of-way located
on a portion of the Hibiscus Street right-of-way situated within the Key Largo Ocean Acres plat, as
recorded in Plat Book 1, Page 188, Official Records of Monroe County, Florida, which is bounded on
the west by a portion of the Hibiscus Street right-of-way already abandoned (BOCC Reso. No. 151-
2017, recorded in the Official Records of Monroe County on July 25, 2017, at Book 2866, Page 51,
Document No. 2132587) in favor of and over to the Monroe County BOCC as record owner of Square
19 of the subject plat and State of Florida as record owner of Square 22 of the subject plat, bounded on
the south by Square 23 of the subject plat, bounded on the east by Hibiscus Street right-of-way, and
bounded on the north by Square 20 of the subject plat.
The Applicant Magnolia 101 LLC is bound by the attached recorded Settlement Agreement approved
following extensive code compliance litigation against the Monroe County BOCC in which the BOCC
prevailed, and the proposed portion of public right-of-way Magnolia 101 LLC seeks abandonment of is
south of its existing permitted waste separation facility located at 215 Magnolia Street which
constitutes, under the Monroe County Comprehensive Plan and Land Development Code, a permitted
2514
light industrial use approved for a portion of Square 20 of the subject Ocean Acres plat.
The Applicant has stated "The Applicant seeks the abandonment for the following reasons: 'To expand
the current "Atlantic Trash& Transfer" property and to incorporate the area within the same zoning and
FLUM districts". In the interest of maximum clarity to the Applicant, a Board decision on whether to
abandon this portion of public right-of-way would not constitute a form of development/permitting
approval or approval of expansion of any existing permitted development. Abandonment of a portion of
a public right-of-way does not sanction violating the limitations and requirements of the Monroe County
Land Development Code and Comprehensive Plan.
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
Center, 102050 Overseas Highway, Key Largo, Monroe County, Florida.
PREVIOUS RELEVANT BOCC ACTION:
NA
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
2023-1 88 Recvd 10.23.23 Sketch of Description.PDF
Settlement Agreement Magnolia 101 LLC.pdf
Resolution.pdf
FINANCIAL IMPACT:
NA
2515
SKETCH OF DESCRIPTION
L 0 T 1 7
————————————————
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S T R E E T
Li jv. _
'
< > N,88'13'21,E. 215
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6
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RECEIVED
LOT 20 Uj
2 3 20 2 3 0
art
2-012 31 -- C>
DNROE CO PLANNING DEPT q
01 601 120' Z I P.O.B.
N.88*13'Pl'E. 215,00' Plat
SUBJECTiu PARCEL
CD
E T
H 1 13 S C U S S T R
S S99.1 2 It
93'21'W, 15.00' Plat
L 0 T 2 3
ABEIRBUMNS/lEGENDI - I
p-S.m.-ip�f-ional S-war&J,per DESCRIPTIONII
PIS.-Prifesiran1l Ind S-pl R.-Ri
S-Lrd St.y., F,,L Found A portion of Hibiscus Street contiguous to Lot 20 and
LB-1.100ftsed 19111-1 pl.-Pt.t
a._0,1-1.6,d M--M.11 0
1r,d Lot 23, OCEAN ACRES, according to the Plat thereof as
B.-1"d
R in'. fiP[.ht4 r_ FP- P.,0t Recorded In Plot Book 1, st Page 168 of the Public
El.-Ei Vo conditioner
F.T -fl.,t.W. cord.-IrRecords of Monroe County, Florida and being more
PIK-PARKER�ON-ENEAS ".-f.c--"Ihl.d
MS._ira.1 sh.d particularly described as follows,
PS pl.tl, h.d
P.-P-g- ppd.Z. Pit. —addition
not rr i R.C.W.�1,ht d W BEGINNING at the Southeasterly corner of said Lot 20
shed T.R.- pr- 1-
"S - "I""
-PGT-11 14 P: t A L.P.-I r/1,,p p*4 on the Northerly right of way Line of Hibiscus Street]
�IP .1-y.03, Bwl-li F--I- thence run S.00*07'39'E along the Southerly extension of
P ��16..1f. ."Pi.d1.1 1- cp
0.c�-Poli&C.........�pl' I1dq -,W:1,11" -et to
R... the East line of Lot 20, for a distance of 30.02 feet P,C.P. ip--rt prtl.p-, GA- -h.,
P.R.C.c1-1 f-..C-t M.-.L.-- the Northeasterly corner of Lot 23! thence run S.86*13'21'W
1.11M f Compound C= 1�1�h-1.1 li-
pp,.t., .'Pt... ii"ieq along said Northerly tine for a distance of 215Z, feet to
P.R.G. -t
NNavaAVi,- the Northwesterly corner of said Lot 23 and Southerly
right of way line of Hibiscus Streets thence run N,00*07'39'E.
—1,131 PK NIL Found.K i.11&dial.1ithip,ld 1.0ji along the Northerly extension of the West line of Lot 23
—P
0 !"pll/otp t-,d LE#7882..t For a distance of 30.02 feet to the Southwest corner of
�:�R,b, Found Lot 20j thence run N,88*13'21'E, along the South Line of
Wood Utility Pdl
P.I.
0---d UU it"1114 Lot PC and the North tine of Hibiscus Street for a
-ClPwr,`-. distance of 215.00 feet back to the POINT OF BEGINNING.
-WWater Melerl..wer 11d/'101tic N-aria. Containing 6,450, square feet,
—R-k
Mmnhale
X.--iP di base
Note:An T at lie ,7 5 (outlid,d(0--)-ith 11P
.-,d #76 -b-Al PK it
60d=iimlt IM With diet. Wotp.d with LUMgg, NOTESii
Ilnlem. e 1i c11 pip.1-d
7/8"(-Ut-ld-di"ti N. 1. This sketch represents a 'SKETCH OF DESCRIPTION' and
Ur I..Indl-t.d.-1tp Is 'NOT A BOUNDARY SURVEY',
2, The Bearing Base for this sketch Is the South Line of
Lot 20 shown hereon as running N.88*13'21'E and Is
It"'i-RIC11",le 'ASSUMED',
3. Additions or deletions to survey maps or reports by
other than the signing party or parties Is prohibited
without written permission of the signing party or parties,
&vipvw,�
ZY—RIGHARI Phone: (305)853-0066 / Fax: (305)853-0233
SURVEYING & MAPPING. LLC 88888 Overseas Highway / P.O. Box 619, Tavernier, Fl. 33070
Client: Atlantic Trash Florida Certificate of Authorization No. LB 7882 NOT VALID
I hereby certify that the ek.loh hereon was performedmy direct
WITHOUT THE
Section 28 Township 61 South, Range East SUPe_Sjor and is true,,,aF,<h,correct to the best of My knowledge and SIGNATURE AND
THE ORIGINAL
Key Largo Monroe County, Florida SEAL
OF A FLORIDA
Grafted: 10/10/23 Fieldbook No. NA. LICENSED SURVEYOR
AND MAPPER
IDrawing No. 19187R Drawn By: DSM Scale: I" = 60'1 David—S.'Massey, P.S.M. # 5125
Doc#2388237 Bk#3190 Pg#120 Electronically Recorded 8/18/2022 at 10:45 AM Pages 38
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: S324.50
SETTLEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISISONERS OF MONROE COUNTY, FLORIDA, MAGNOLIA 101, LLC, AND
BRIAN LINDBACK AS OFFICER OF MAGNOLIA 101, LLC,AND ATLANTIC TRASH
&TRANSFER LLC
Board of County Commissioners of Monroe County, Florida (hereinafter"Monroe
County"or the"County"), and Magnolia 101, LLC,Atlantic Trash&Transfer LLC, and
Brian Lindback as the sole managing member and officer of said entities (hereinafter
"Lindback"), hereafter collectively referred to as the "parties", hereby agree to settle any
and all disputes by and among the parties as it relates to the code enforcement cases,
liens and controversies referenced herein as follows:
1. WHEREAS, Magnolia 101 LLC currently owns those certain below-described
parcels of real property, and took title to them pursuant to that certain deed
recorded in the Official Records of Monroe County on or about March 5' 2008,
at Book 2348, Page 1824, Document Number 1685024.
Squares 5 and 20, Ocean Acres, according to the Plat thereof, as recorded
in Plat Book 1, Page 188 of the Public Records of Monroe County, Florida.
2. WHEREAS,following administrative hearings brought pursuant to found
violations of the Monroe County Codes as memorialized in the Notices of
Violation and Final Administrative Orders previously issued and entered in those
certain Monroe County Code Compliance Department cases identified as Code
Enforcement Case No. CE07040209, Code Enforcement Case No. CE07040211,
Code Enforcement Case No. CE07040212, Code Enforcement Case No.
CE09050067, and Code Enforcement Case No. CE13050096, the Monroe
County Code Compliance Special Magistrate issued the attached recorded Final
Administrative Orders, appended as Exhibit "A." hereto and hereby
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incorporated as if fully set forth herein,which are current liens of record against
the property of Lindback.
3. WHEREAS,the parties desire to compromise and settle and hereby stipulate
and bindingly agree to the following:
NOW, THEREFORE,for good and valuable consideration, the adequacy of
which is hereby expressly acknowledged and attested to by the parties, Lindback
and Monroe County hereby agree as follows:
Section 1 -Recitals.The foregoing recitals are true and correct and are hereby
incorporated as if fully set forth herein.
Section 2 -Settlement.The parties have entered into this Settlement
Agreement knowingly, freely, and voluntarily, having determined that they have
adequate information upon which to make informed decisions and having decided that it
is in their best interests to amicably resolve all code enforcement cases, liens and
controversies referenced herein.
A. Neither party is under coercion or duress. Neither has been forced into this
Agreement or threatened in any way.
B. Neither party knows of any fact or circumstance which would cause this
Agreement to be void or unenforceable.
C. Except as provided herein, the parties agree that each shall bear its own
attorneys'fees, costs and expenses arising out of, in connection with, or
related to, this matter, whether such fees, costs, or expenses have been
incurred prior to the execution of this Agreement or will be incurred after its
execution.
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D. Lindback agrees to the following:
1. Immediately upon the County's approval of this Agreement(such
approval being evidenced as the date of and in the form of the
undersigned Assistant County Attorney's executed approval of this
Agreement, as authorized by the approval and/or ratification of this
Agreement by the Monroe County Board of County Commissioners
("BOCC")at a public meeting of the BOCC, convey by warranty deed
the following real property over to the Monroe County Board of County
Commissioners:
A. The parcel referenced above as Square 5,' Ocean Acres,
according to the Plat thereof, as recorded in Plat Book 1, Page
188 of the Public Records of Monroe County, Florida"
(hereinafter"Square 5"); and
B. Said deed shall be issued and deposited in escrow with The
Jacobs Law Group,Attn: Russell Jacobs, 20700 West Dixie
Highway, Aventura, Florida 33180.
2. Affidavit of Clear Title and No Encumbrances.
A. Lindback 0.)warrants and certifies that Square 5 is held and
titled in the name of Magnolia 101, LLC,free and clear of any
encumbrances(other than the instant Monroe County code
enforcement liens and that certain mortgage given to First State
Bank of the Florida Keys(the "Mortgage")which shall be
Also known as"Parcel 5,Ocean Acres,according to the Plat thereof,as recorded in Plat Book 1,Page
188 of the Public Records of Monroe County,Florida",and/or"Lot 5,Ocean Acres,according to the Plat
thereof,as recorded in Plat Book 1,Page 188 of the Public Records of Monroe County, Florida".
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released and satisfied at the time of conveyanceltransfer to
Monroe County), and LLI warrants and certifies that Magnolia
101, LLC, has not conveyed Square 5 or any interest therein to
any natural or legal person.
B. Lindback 0.)warrants and certifies that it is true and correct
that as of the date of his execution of this Agreement no liens
(other than Monroe County's code enforcement liens and the
Mortgage which shall be released and satisfied at the time of
transfer to Monroe County), loans, mortgage encumbrances, or
non-mortgage encumbrances, encumber Square 5 [D warrants
and certifies that as of the date of his execution of this
Agreement said parcel is free of all liens(other than the instant
Monroe County code enforcement liens and the Mortgage which
shall be released and satisfied at the time of transfer to Monroe
County), loans, mortgage encumbrances and non-mortgage
encumbrances, and iL warrants, certifies, and guarantees that
no such liens, or loans, or encumbrances of any kind will be
executed, placed on, or recorded regarding or relating to Square
5 between the date of his execution of this Agreement and the
later date of his execution of a warranty deed conveying Square
5 to Monroe County and the date said executed warranty deed
is recorded by the County.
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3. By executing and authorizing recordation of this Settlement Agreement,
Lindback waives any and all challenge to, and consents to, Monroe
County's official determination that neither Minor Conditional Use
Permit/Minor Conditional Use Development Order No. 2-02, recorded at
Book 1790, Page 1377, Document No. 1305054, of the Public Records of
Monroe County, Florida ("CUP No. 2-02"), nor any other development
order, development permit, act, omission, decision, or representation of
Monroe County authorize rock crushing and/or pulverization, concrete
pulverization and/or crushing, the separation or sorting or fragmentation or
hammering or extraction or excavation of concrete, rocks, or rubble by
means of equipment or machine(s), and the separation or sorting or
fragmentation or hammering or extraction or excavation of rebar or similar
materials from concrete, rocks, rubble, or debris by means of equipment
or machine(s)on Square/Lot 20, and that by executing and authorizing
recordation of this Settlement Agreement, he and his successor(s)-in-
interest and/or successors)-in-title are at present prohibited from
engaging in such land use, activity,or operation. Monroe County
reciprocally agrees that this acknowledges and attests to the current
history of development approval(s)for Square/Lot 20 referenced above
and does not function as a restrictive covenant upon said property, and
that this does not bar Lindback or his successors)-in-title or interest from
submitting one or more applications requesting approval of an
amendment to CUP No. 2-02 and/or submitting one or more applications
requesting
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Doc.#2388237 Page Number:6 of 38
approval of an amendment to CUP No. 2-02 and/or submitting one or
more applications requesting additional development orders or
development permits otherwise authorizing such land use, activity, or
operation. It is specifically understood an agreed that nothing
contained herein shall prohibit Lindback or his successor(s)-in-title or
interest from accepting and receiving concrete, rocks, rubble, or debris
and transferring said materials off Square 20 without engaging in any
of the prohibited activities described above.
4. Monroe County guarantees that it shall, without any bias or
consideration of past Code violations involving Lindback, exercise
utmost professional neutrality in evaluating any and all development
applications submitted by Lindback or his successors)-in-title or
interest to either the County or to the State of Florida, including but not
limited to application(s)submitted to the Department of Environmental
Protection.
E. In the event Lindback or his successor(s)-in-title or interest does not comply
with the obligations memorialized at foregoing Paragraph "D.", after receiving
notice of the same and failed to cure the same within 30 days of receiving
said written notice, then the parties agree that Monroe County shall be
entitled to a stipulated judgment immediately enjoining any prohibited conduct
or actions and an order imposing a daily fine of$250.00 per day for said
prohibited activity until compliance. If after the execution of this Agreement,
and compliance with the terms and conditions herein, Lindback sells or
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divests himself of all title or interest in the subject properties to an unrelated
party or entity, the unrelated party or entity shall be subject to the
enforcement provisions contained herein, and he shall not be subject to any
enforcement provisions contained herein, In addition, if Monroe County fails
to comply with its obligations as set forth in this Agreement, then Monroe
County shall be obligated to convey Square 5 back to Lindback and/or his
successors and/or assigns.
F. Satisfaction and Release. Simultaneously with(i.)the executed warranty
deed of Square 5 being conveyed to Monroe County being delivered into
escrow and L.1 after recordation of this executed Settlement Agreement,
Monroe County agrees that:
1. It shall issue a recordable instrument and deposit the same in escrow
with The Jacobs Law Group, Attn: Russell Jacobs, 20700 West Dixie
Highway, Aventura, Florida 33180:
a, Deeming fully satisfied and forever releasing Lindback and his
property from any and all outstanding fines and/or costs associated
with the County's above-referenced final administrative orders
recorded as liens, the Final Judgment filed in Case No. 2013 CA-
945-P, Document No. 2121990 recorded at Book 2853, Page 237,
the Notice of Lis Pendens Document No. 1997973, recorded at
Book No 2703, Page 923, and any and all other liens or violations
against Lindback and/or any of his or his properties referenced in
this Agreement; and
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b. Releasing Lindback and his property from the County's operative
conservation easement on Square 20 referenced more fully above
appended as Exhibit"B."
2_ The Monroe County Planning and Environmental Resources
Department shall not object to or recommend denial of an application
for a right-of-way abandonment petition submitted by Lindback or his
successor(s)-in-title or interest, that requests abandonment of the
portion of the right-of-way of Hibiscus Street laying between
Squares/Parcels/Lots 20 and 23, of the Ocean Acres Subdivision, as
recorded in Plat Book 1, page 188, on Key Largo, Florida, more
particularly depicted on the aerial appended as Exhibit"C."
3. The Monroe County Planning and Environmental Resources
Department shall not object to, deny, or recommend denial of any
application(s)submitted by Lindback or his successors-in-title or
interest seeking to expand development(whether in the form of
clearing, construction, operations, etc.) into the right-of-way area upon
abandonment and former conservation easement area upon release,
assuming all Land Development Code and Comprehensive Plan
requirements are met.
G. Mortgage. In no event shall the interpretation or operation of this Agreement
be construed or applied to have Monroe County assume the Mortgage or any
responsibility or liability arising thereunder, in whole or in part. The Mortgage
That certain operative Corrective Grant of Conservation Easement recorded at Book 2394,Page 2283,
Document No. 1725484,of the Public Records of Monroe County,Florida.
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shall be released and satisfied in the land records of Monroe County
immediately prior to recorded conveyance of the Square/Parcel 5 over to the
County.
Section 3 -Jurisdiction.The Circuit Court of the 16'"Judicial Circuit in and for
Monroe County, Florida, shall have jurisdiction over this Settlement Agreement for the
sole purpose of enforcing its terms.
Section 4-Good Faith. These settlement negotiations have been undertaken
by the parties in good faith.
Section 5-Choice of Law; Governinci Law; Venue.This Agreement is not
subject to arbitration and shall be governed by, and construed and enforced in
accordance with, the laws of the state of Florida, and venue for all claims, controversies,
or disputes relating to this Agreement shall remain in the Circuit Court of the 1611,Judicial
Circuit in and for Monroe County, Florida.
Section 6 -Binding Effect. It is agreed and understood that this Agreement
shall be and is binding upon the parties hereto, including their successors-in-interest.
Section 7 -Inconsistency, Partial Invalidity, Severability, and Survival of
Provisions. If any provision or term of this Agreement, or any portion(s)thereof, is/are
in any way invalidated by any administrative hearing officer or court of competent
jurisdiction, such invalidation shall neither limit nor impair the validity or operation of any
other provision or term, or remaining portion(s)thereof. All such other provision(s) and
term(s), or portion(s)thereof, shall continue unimpaired in full force and effect.
Section 8 -Integration.This Agreement constitutes the entire Agreement and
any representation or understanding of any kind preceding the date of the parties'
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written final approval of this Agreement not specifically and expressly memorialized
herein is not binding on either of the parties except to the extent that it has been
specifically and expressly memorialized in this Agreement.
Section 9-Non-Reliance by Third-Parties. No non-signatory person(s)or
entity(ies)shall be entitled to rely upon any conditions, provisions, or terms of this
Agreement to enforce or attempt to enforce any third-party claim(s) or entitlement(s)to
or benefit(s)from any conditions, provisions, or terms hereunder.
Section 10 -Execution in Counterparts.The parties acknowledge and agree
that this Agreement may be executed in one or more counterparts, each counterpart
shall be considered an original portion of this Agreement, and all which constitute a
single instrument.
Section 11 -Effective Date. Once fully and finally executed by Magnolia 101
LLC and the County, this Agreement shall be considered legally effective and binding.
Section 12 -Exhibits/Scrivener's Errors. The Monroe County Board of County
Commissioners authorizes the Monroe County Attorney and counsel representing the
Monroe County Attorney's Office in this matter to insert all exhibits referenced herein,
and to correct any scrivener's errors within this Agreement, prior to written execution of
this Agreement on the County's behalf as authorized and approved by the Board of
County Commissioners following a duly noticed public meeting of the Monroe County
Board of County Commissioners at which this Settlement Agreement is considered.
WITNESSESS TO ALL: APPROVED
4ptj .C �)J-Orw0
/�I,
Witness No. 1 (Print Name) Brian Lindback(Signature)
Page 10 of 11
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Doc.#2388237 Page Number: 11 of 38
f /,�1%i1
Witness No. 1 (Signature)
�f} r
Witness No. 2 (Print Name)
C"`1 9 -614Cvr_—
Witness No. 2 (Signature)
STATE OF FLORIDA COUNTY OF MONROE
The foregoing Settlement Agreement, was acknowledged and attested before me this
171"day of August, 2022, Brian Lindback, who is personally known to me or produced
as proof of identification and did take an oath.
ANN C.DEROMC C hc �7
Notary Public{Print Name)
Commission#GO 352724
; �� Expires November 8,2023
f ni oe- Bondod i+wBuaya NoterySarvko
Notary Public Seal Notary Public(Signature)
i
ON BEHALF OF MONROE COUNTY, FLORIDA:
v `7 8/17/22
Peter H. Morris Date
Assistant County Attorney
FBN: 104101
Morris-Petera)MonroeCounty FL.gov
Monroe County Attorney's Office
1111 12th Street, Suite 408
Key West, FL 33040
Telephone: (305) 292-3470
Telefax: (305) 292-3516
Page 11 of 11
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Exh 'ib 'lt ■
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J.SARTIN
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA CASE NO.CE07040209
Petitioner.
Deep 1670155 11/09/2007 10:45AM
Filed a Recorded in Official Records of
vs. MONROE COUNTY DANNY L. KOLHAGE
OCEAN ACRES RECYCLING,LLC Doclt 1670155
Respondent(s), BkN 2330 P9it 1372
ORDER IMPOSING ADMINISTRATIVE COSTS
AND ORDER OF TIMELY COMPLIANCE
THIS CAUSE having come on for public hearing before the Code Enforcement
Special Magistrate on August 30`h 2007, at the Monroe County Government Regional
Center, located at 2798 Overseas Highway, Marathon, Florida, the Special Magistrate,
having reviewed the evidence, heard testimony under oath and being otherwise fully
apprised in the premises, makes the following findings of fact and conclusions of law:
1. That the Special Magistrate has jurisdiction over the subject matter of this
action;
2. That the Respondent(s)was/were properly served with notice of hearing
held in this matter and is/are subject to the orders of the Special Magistrate;
3. That the violation(s)alleged in this matter exist(s)in relation to: MONROE
COUNTY RIGHT OF WAY AT OCEAN ACRES,KEY LARGO,MONROE
COUNTY,FLORIDA;
4. That the above named Respondent(s)has achieved timely compliance;
Therefore it is
ORDERED AND ADJUDGED that this case is dismissed.
5. That pursuant to Florida Statutes Section 162.07, a cost in the amount of
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$100.00(ONE HUNDRED DOLLARS)is hereby levied for the
administrative recovery for prosecution and investigation. Said fine, if not
paid within thirty (30) days of this order, shall be recorded in the public
records of Monroe County and shall thereafter constitute a lien against the
land on which the violation or violations existed and upon any other real or
personal property owned by the violator(s).
DONE AND ORDERED at the Division of Administrative Hearings, Tallahassee,
Florida,on this 30h day of August,2007.
Larry J.Sart'
Code Enforcement Special Magistrate
Doe# 1670155
STATE OF FLORIDA 8k# 2330 Pg# 1373
COUNTY OF LEON
I HEREBY CERTIFY that on this day before,me,an officer duly qualified to take
acknowledgments, personally appeared Larry J. Sartin, personally known to me, who
executed the foregoing and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid on on
this 30'h day of August,2007.
�.r� Karen L.Bau
'N co a DDJ.1 w
Notary blic 314 V EViMs jw a 2a'20°tt
1 HEREBY CERTIFY that a true and correct copy of the above has been furnished
to the Respondent(s) by U.S. Mail attn: Carl Lindbeck at P.O. Box 489, Islamorada,FL
33036,on this 30" day of August,2007.
_V, I
Kane L.Bass
CoSV Enforcement Liaison
Please make check or money order payable to Monroe County Code Enforcement and mail to 2798
Overseas Highway,Marathon,FL 33050. This must be paid within 30 days or this order will be recorded
with the Clerks'office and constitute a lien on the above mentioned property.
MONROE COUNTY
OFFICIAL RECORDS
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Docp 1684912 03/04/2008 3:00PM
Filed & Recorded in Official Records of
MONROE COUNTY DANNY L. KOLHAGE
Docp 1684912
Bkn 2348 P9p 1434
BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY,FLORIDA
MONROE COUNTY,FLORIDA, CASE NO. CE07040211
Petitioner.
VS.
OCEAN ACRES RECYCLING,LLC
Respondent(s).
FINDINGS OF FACT,CONCLUSIONS OF LAW,AND ORDER
THIS CAUSE having come on for public hearing before the Code Enforcement Special Magistrate
on July 27'2007, at the Monroe County Government Regional Center,located at 2798 Overseas
Highway,Marathon, Florida,the Special Magistrate,having reviewed the evidence,heard testimony
under oath and being otherwise fully apprised in the premises,makes the following findings of fact and
conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. That the Respondent(s)is/are the owner of record of property located at:
OCEAN ACRES,PB1-188,KEY LARGO LOT 20,MONROE COUNTY,FLORIDA
(RE#004545204)00000);
2. That the Respondent(s)was/were duly noticed of this hearing;and
3. That the above-named property is in violation of the Monroe County Code as more
particularly described in Exhibit"A",which is attached hereto and incorporated herein.
Therefore it is
ORDERED AND ADJUDGED that:
A. Respondent(s)is/are in violation of the Monroe County Code(s)and is/are ordered to
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comply with the provisions of said codes by August 23r°2007. A compliance/review
hearing will be held on August 30t°2007. CONTAINERS ARE TO BE REMOVED BY
COMPLIANCE DATE,OR FINES WILL BEGIN ACCRUING.
B. Upon complying, Respondent(s)shall notify the Code Inspector in this case who shall
re-inspect the property and notify the Code Enforcement Department of compliance.
C. Noncompliance by the above date will result in the imposition of a fine, $250.00
(TWO HUNDRED FIFTY DOLLARS), per day,for each day thereafter that
Respondent(s)is/are in violation.
D. Pursuant to Florida Statutes Section 162.07,a cost in the amount of$100.00(ONE
M HUNDRED DOLLARS)has been levied for the administrative recovery for prosecution and
a investigation.
N a
E. In the event of nonpayment of fines/liens imposed,a certified copy of an order imposing a fine
may be recorded in the public records and shall thereafter constitute a lien against the land on
N
oY which the violation or violations exist and upon any other real or personal property owned by
c ao
the violator(s).
F. You have the right to appeal this order to the Circuit Court of Monroe County. If you wish to
appeal,you must do so no later than thirty(30)days from the date of this Order. Failure to
timely file a written Notice of Appeal will waive your right to appeal.
DONE AND ORDERED at the Division of Administrative Hearings,Tallahassee,Florida, this
day of August,2007.
Lary J. S
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day before me,an officer duly qualified to take
acknowledgments,personally appeared Larry J. Sartin,personally known to me,who executed the
foregoing and acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this 2' 0'0? day of
August, 2007.
T Notary Public
d
Elma Williams
Commission#DD481642
IfF�Expires December 2 2004
h awd dT.,F-1, w m, E00 1p6Td1D 2
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EXHIBIT "A" D*cN 1684912
Bk" 2348 NO 1436
VIOLATION(S):
COUNT 1. Pursuant to Monroe County Code§9.5-11 l(1)- A building permit is
required prior to the following: (1)Any work specified in chapter 6.0; Land clear without
benefit of a permit.
CORRECTION(S):
COUNT 1. Please contact the Monroe County Building Department and the Monroe County Biologist
and obtain an after the fact permit for land clear,and obtain a restoration agreement.
Containers are to be removed by compliance date,or fines will begin accruing.
CONTACT YOUR CODE INSPECTOR UPON COMPLIANCE
Upper Keys(305)852-7135
Middle Keys(305)289-2810
Lower Keys(305)292-4495
I HEREBY CERTIFY that a true and correct copy of the above has been furnished to the
Responde t via first-class mail Attn: Carl Lindbeck(Mgrm)P.O. Box 489,Islamorada,FL 33036,
this _xy of August, 2007.
Code nforcement Liaison
Kare . Bass
Please make check or money order payable to Mom ounty Code Enforcement and mail to 2798 Overseas
Highway,Marathon, FL 33050.
MONROE COUNTY
OFFICIAL RECORDS
3
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BEFORE THE CODE ENFORCEMENT SPECIAL MAGISTRATE
LARRY J. SARTIN
MONROE COUNTY, FLORIDA
Doc# 1685923 03/12/20eg 9:26AM
MONROE COUNTY, FLORIDA Filed & Recorded in official Records of
Petitioner, MONROE COUNTY DRNNY L. KOLHRGE
VS. CASE NO. CE07040212
OCEAN ACRES RECYCLING, LLC Doc# 1665923
Respondent(s). Bk# 2349 Pg# 1970
1
ORDER IMPOSING PENALTY/LIEN
THIS CAUSE having come on for public hearing before the Special Magistrate on July
27, 2007, at the Marathon Government Regional Center, located at 2798 Overseas
Highway, Marathon, Florida, after due notice to the Respondent(s), at which time the
Special Magistrate heard testimony under oath, received evidence, and issued his Order
finding the Respondent(s) in violation of Monroe County Code Section(s): §9.5-111(1),
§9.5-236(a)(5).
Said Order, and subsequent orders, required the Respondent(s) to correct the
violation(s) by August 23, 2007, and further, that failure to correct the violation(s) by
the compliance date would result in a fine $250.00, (TWO HUNDRED FIFTY
DOLLARS) per day, being imposed for each day thereafter that there is
noncompliance. At the hearing of the Special Magistrate held on January 31' 2008,
Inspector Link testified that the violation(s)had not been corrected:
ACCORDINGLY, the Special Magistrate finding that the violation(s) had not
been corrected,as previously ordered,it is hereby:
ORDERED that the Respondent(s)pay to Monroe County, Florida, a fine in the
amount of$250.00, (TWO HUNDRED FIFTY DOLLARS)per day, beginning August
24, 2007, and for each and every day thereafter that the violation(s) exist(s) and/or
continue(s) to exist. Pursuant to Florida Statutes Section 162.07, a cost in the amount
of $100.00 (ONE HUNDRED DOLLARS) is hereby levied for the administrative
recovery for prosecution and investigation.
THIS ORDER SHALL CONSTITUTE A LIEN AGAINST THE LAND ON WHICH
THE VIOLATIONS) EXIST(S) AND UPON ANY OTHER REAL OR PERSONAL
PROPERTY OWNED BY THE VIOLATOR(S).
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THE VIOLATIONS) EXIST(S) ON THE FOLLOWING DESCRIBED PROPERTY:
OCEAN ACRES PB1-188 KEY LARGO LOTS 35-36 & 45, KEY LARGO,
MONROE COUNTY, FLORIDA (RE:00454110-000000). m o
7r O
an
as
Pursuant to Section 162.09, Florida Statutes, this lien may be recorded with the Clerk w..
of the Courts for Monroe County, Florida. o ca
�N
That upon complying, the Respondent(s) shall notify the Code Inspector in this a"
case, who shall reinspect the property and notify the Special Magistrate of compliance. 10
►+
DONE AND ORDERED this M day of February,2008,at the Division of
Administrative Hearings,Tallahassee, Florida.
BY
Larry J. Sart
Code Enforcement Special Magistrate
STATE OF FLORIDA
COUNTY OF LEON
I HEREBY CERTIFY that on this day, before me, on officer duly authorized in
the State aforesaid and in the County aforesaid, to take acknowledgments, personally
appeared Larry J. Sartin, personally known to me, who executed the foregoing and
acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
day of February,2008.
4A
1�14-, Elm Williams
�Commission#DD481642
W �t% ai Expires December 2,2009
Fi�i�
Notary Public 80&d Tmyl`w iWmw Inc&DNMS-7919
I HEREBY CERTIFY that a true and correct copy of the above and foregoing
Order Imposing Penalty/Lien has been furnished by U.S. Mail, to the Respondent(s)to
the ATTN: )RCar] E. Lindback III (Manager&RA)P.O. Box 489, Islamorada, FL
33036 ,this y of February,2008.
1
Karen . Bass,
Code Iti
forcement Liaison
MONROE COUNTY
OFFICIAL RECORDS
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BEFORE THE COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA. ) //'�� ��■/y�
Petitioner, ) Case No.CE ✓t �
Y5. )
Subject Property Real Estate Number:
DocU 1756931 08/31/2009 10:03AM
Filed 3 Recorded in Official Records of
MONROE COUNTY DRNNY L. KOLHAGE
Respondentfs). ) Doc# 1756931
Skill 2429 Psu 846
FINAL ORDER
Having fully considered the evidence presented at hearing,including testimony of the Code Enforcement Inspector(s)and/or witnesses under oath,the following
Findings of Fad and Conclusions of Law are ORDERED:
The Respondent !or Authorized Representative __ war era not
7pre land dttl id a test the violation(s)set forth In the Notice of Violation/Notioe of Hearing which Is Incorporated herein as if fully set forth.
The Respondentfs)is/are the owner(s)of property located within Monroe County and was/were duty noticed of the hearing.The Respondent($)istare in violation of
the Monroe County Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and pursuant to Section 162.07 of Florida Statutes costs in an
amount to be determined at the concluslOn of this case re hereby''levied for the administrative recovery of the vests of prosecuting and Investigating this matter.Costs
will continue to accrue until Compliance Is achieve isry:n Furthermore,the Respondent(s)shall comply with those Codes)referred to in the Notice of
Vi�oll[`aation/Notice of Hearin On or before .(-THE THE COMPLIANCE DATE").
( n the event the violation(s)were or are not corrected on THE COMPLIANCE DATE PREVIOUSLY ORDERED or on THE COMPLIANCE DATE SET FORTH
H REIN,fine(s)in the amount of:
RD ------
for each day beginning on THE DAY AFTER THE COMPLIANCE DATE that the Respondent(s)is/are in violation is/are hereby ORDERED.
( )a one time fine of$ is ORDERED,and the condition causing the violation(s)is found to present a threat to the
public health,safety and welfare. It is further ordered,that the County is hereby authorized to make all reasonable repairs which are required to bring the property into
compliance and charge the respondent(s)with cost of repairs including administrative recovery of the costs of prosecuting and investigating this matter.
( )The Respondent(s)Ware ordered to attend a compliancefreview hearing to be held on .20
IT IS THE RESPONOENTIS)RESPONSIBILITY TO REQUEST A REINSPECTION TO DETERMINE WHETHER THE PROPERTY IS COMPLIANT BY CA I INr=
CODE ENFORCEMENT AT(3051 d53-8808 FOR THE UPPER KEYS:(305)289-2810 FOR THE MIDDLE KEYS:(305)Zn_"95 FOR THE LOWER KEYS.
In the event of nonpayment of fines and costs imposed on Respondent(s),a certified copy of this Order may be recorded In the public records and shall
thereafter constitute a Ilan against the land on which the violation or violations exist and upon any other real or personal property owned by the violator.
The County may Institute foreclosure proceedings If the Ilan remains unpaid for three months.Please make checks payable to Monroe County Code
Enforcement and mall to:Monroe County Code Enforcement,Attn:Office of the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33060.
( ) The Respondent(s)were in violation of the MONROE COUNTY Code(s)as fully set forth in the Notice of Violation/Notice of Hearing filed in this case and did not
come into compliance on or before THE COMPLIANCE DATE but are now in compliance.The Respondent(s)shall pay the total amount of cost and/or fines
($ )to Monroe County Code Enforcement within thirty(30)days of this Order.
DATED this _.day of_A_ub_vL)m,__ ,20_a.
LARRY J.S IN Magistrate
APPEAL PROCEDURES
Respondent(s)shall have 30 days from the data of the foregoing Order of the Special Magistrate to appeal said Order y filing a Notice of Appeal,signed by
the Respondent(s). ANY AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE RIGHTS WITH REGARD TO THIS ORDER
PURSUANT TO SECTION 162.11,FLORIDA STATUTES. ANY SUCH APPEAL WILL BE LIMTITED TO APPELLATE REVIEW OF THE RECORD CREATED
BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS ORDER.
S.eRTIFI_CATE OF ORDER AND SEfjy10E
I hereby certify that this is a true e1 of the above Order and that a true and correct Copy has been furnished to the t J and/or Authorized
Representative via hand delivery ss U. address of record with the Monroe County Property Appraisers Office on this day of
06 T. 20—CP
MONROE COUNTY
OFFICIAL RECORDS Nicole M.Petrick,Code Enforcement Liaison c—
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Docn 1970700 02/28/2014 10:374M
Filed 8 Recorded in Official Records of
MONROE COUNTY RMY HERVILIN
Doc# 1970700
Bk# 2673 P9N 538
r
BEFORE THE CODE COMPLIANCE SPECIAL MAGISTRATE
JOHN G.VAN LANINGHAM
MONROE COUNTY,FLORIDA
MONROE COUNTY FLORIDA, )
Petitioner, )
vs. ) Case No.CE13050096
MAGNOLIA 101 LLC; )
ATLANTIC TRASH AND )
TRANSFER LLC;and )
BRIAN LINDBACK, )
Respondents. )
FINAL ORDER
This case came before the Code Compliance Special Magistrate for final hearing by
video teleconference on September 26,2013,at sites in Marathon and Tallahassee,Florida.
Petitioner Monroe County("County")was represented by Steven T.Williams,Esquire,Assistan
County Attorney. Scott C.Black,Esquire,represented Respondents.
The County initiated this proceeding on June 17,2013,by issuing a Notice of Violation
("NOV")against Respondents. As charged in the NOV,the property at issue(the "Property")is
located at 101 Magnolia Street,Key Largo,Florida,and has been assigned real estate number
0045420-0000(X). The County alleges that the Property is in violation of the Monroe County,
Florida Code("Code")on five separate grounds. The NOV provides,in relevant part,as follows:
[Count!] 130-74,(a)-ACCESSORY USES/AUTHORIZED USE
No land in the county shall be developed,used or occupied unless
expressly authorized in Monroe County Code Chapter 130.
g M k
Page 1 of 7
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Docp 1970700
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[Coiint 11] 130-94.-SUBURBAN RESIDENTIAL DISTRICT
(Count 1)
The establishment of a heavy industrial use,in the form of resource
extraction,without the benefit of a permit is prohibited. ...
[Count 111] 130-94_-SUBURBAN RESIDENTIAL DISTRICT
(Count 2)
The activities beyond the approved area of Lot 20(such as the
production and transfer of mulch and use of public property for
heavy equipment),are light and heavy industrial uses and are not
permitted ....
s * s
[Count IV] 21-21.(b)-ILLEGAL DISPOSALJROADS/WATER/
[Count V] 118-40—GENERAL RESOURCE EXTRACTION
STANDARDS
All resource extraction activities must comply with the provision
of MCC Sec.118-41 and Sec. 118-42.
During the final hearing,the parties reached an agreement to settle Counts I,II1,and IV.
The parties'written agreement concerning these charges has been incorporated into this Final
Order.
At hearing,the County presented as witnesses its employees Kathleen Windsor,Diane
Link,and Michael D.Roberts. Petitioner's Exhibits 1—90 were received in evidence.
Respondents called Brian Lindback as their sole witness and offered no exhibits.
Having fully considered the evidence presented at hearing,and having considered the
parties'respective proposed final orders,the following findings of fact and conclusions of law
are made.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Respondent Magnolia 101,LLC("Magnolia"),a Florida corporation,owns the
Property. Respondent Brian Lindback("Lindback")is the president of Magnolia. He is also the
president of Respondent Atlantic Trash and Transfer,LLC.
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Doca 1970700
Bktt 2673 P94 540
2. The Property is a square parcel sometimes referred to as Lot 20. Magnolia owns three
other square parcels located near Lot 20 on Magnolia Street in Key largo, Florida. Each of
these parcels—known respectively as Lots 1,4,and 5—has a unique real estate number,` The
NOV does not allege that Lots 1,4,and 5,are in violation of the Code,either collectively or
separately.
3. To remedy past Code violations,Magnolia was required to replant trees on portions of
Lots 1,4,and 20. To perform this work,Magnolia retained Conch Tree Landscaping("Conch
Tree"). Conch Tree applied for permits but,as of the final hearing,none had been issued.
4. On or about May 8,2013,during an inspection of Magnolia's property,Kathleen
Windsor,a County Code Compliance officer,observed trenches in the ground from which coral
rock had been removed. Coral rock is a commercially valuable natural resource. Ms.Windsor
saw a trench digger parked near the trenches;it appeared to be temporarily disabled by a broken
"tooth." Parked next to the trench digger was a truck on which the name Caputo Electric Inc.
was prominently displayed.
5. On May 10,2013,a Stop Work Order was issued and posted on Respondents'
property.
h. The County obtained a survey to determine the location and extent of the trenching
and excavation. The survey shows,and the parties agree,that none of the trenching and coral
rock mining occurred on Magnolia's property. Rather,it is undisputed that the digging and rock
removal took place primarily on a County owned right-of-way and partially on state owned land.
The extraction of coral rock happened near(but not on)Magnolia's Lots 1,4,and 5. Of
Magnolia's four parcels in the area,Lot 20,which is the Property at issue,is the farthest away
from the site of the coral rock removal.
7. No persuasive evidence was adduced showing that Respondents used the Property
(Lot 20)as alleged in the NOV,namely as a site for heavy industry in the form of resource
extraction,i.e.,coral rock removal. Based on the evidence in the record,the undersigned finds
that the County failed to prove the allegation that Respondents established a heavy industrial use
on the Property.
1 Lot 1 is assessed under real estate number 00454110-000000. Lot 4 is assessed under real
estate number 00454220-000000. Lot 5 is assessed under real estate number 00454230-000000.
Page 3 of 7
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BkN 2673 7P9N 541
8. The parties sharply dispute the County's contention that Respondents directed,
authorized,controlled,or acquiesced to the coral rock removal that everyone agrees took place
on County and state property. The County concedes that it offered no direct evidence of such
involvement by Respondents but argues that Respondents'culpability can and should be inferred
from the circumstances. Lindback,during his testimony,explicitly and unambiguously denied
having ever ordered or authorized any work to be performed anywhere without the benefit of a
permit. It is difficult to imagine,however,given the nature and scope of the activities at issue,
that Lindback could have been completely unaware of the trenching and rock removal,which
were apparently being conducted by the contractor he had retained to perform landscaping work
on Magnolia's property. Likewise hard to explain is the question of why Conch Tree would have
commenced extracting coral rock,if not at Respondents'direction;presumably,someone
requested the work,but who? Unfortunately,no one from Conch Tree(or Caputo Electric Inc.)
testified at the final hearing.
9. As it happens,it is not necessary to resolve the dispute about Respondents'alleged
involvement in the trenching and rock removal because,as found above,the evidence fails to
establish that such uses occurred on the Property,which is essential to the charges set forth in tht,
NOV. Thus,even assuming for argument's sake that Respondents caused the coral rock to be
removed,the Property is not in violation of the Code as charged here.
10. To be clear,the determination that Respondents are not guilty of the specific
violations alleged in Counts 11 and V of the NOV is not equivalent to a finding that they are
necessarily innocent of all wrongdoing in connection with the extraction of coral rock from
County and state property. There might be other Code violations besides these,which the
County could allege in a subsequent notice. Moreover,the unauthorized entry upon someone
else's land to dig up and remove valuable coral rock without the owner's permission likely would
cause injuries or damages for which the owner could seek redress outside of Code enforcement
channels.
Therefore it is:
ORDERED AND ADJUDGED:
1. Based on the agreement of the parties,Respondents arc found in violation of the Code
as charged in Counts I and III. The Property will be checked for compliance on December 17,
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Doep 1970700
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2013. The parties agree that the completion of the following measures will achieve compliance
for these charges:
(a) Clear all Special or Yard Waste off Conservation Easement
portion of Lot 20,Lot 4 and County ROW.
(b) Use of Heavy Industrial Equipment on Conservation
Easement,Lot 4 and County ROW is authorized for the removal of
Special or Yard Waste.
(c) All Heavy Equipment,Storage Containers and Industrial
vehicles shall not be parked or stored on restricted property or
County ROW. However temporary parking for loading and
unloading for the removal of Special or Yard Waste shall be
permitted.
(d) All authorized commercial activities shall be confined to the
Commercial Portion of Lot 20 and conducted within the guidelines
of Development Order 2-02.
2. Based on the agreement of the parties,Respondents are found in violation of the Code
as charged in Count IV. The Property will be checked for compliance on October 4,2013. The
parties agree that compliance will be achieved with the removal of Special Waste of any kind
j from County ROW and all boulders from Lot 1.
i3. In the event the violations are not corrected on or before the applicable compliance
dates specified above,daily fines in the following amount,per violation,will begin to accrue on
the day after the compliance date for each noncompliance:
Count I: 130-74(a) $250.00
Count 111: 130-94 $250.00
Count IV: 21-21(b) $250.00
4. Respondents are not in violation of Monroe County Code sections 130-94 and 118-40
as charged in Counts li and V of the NOV.
5. Pursuant to section 162.07,Florida Statutes,costs in an amount to be determined at
the conclusion of this case are hereby levied for the administrative recovery of the costs of
i
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I
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Bk# 267307Pgtt 543
prosecuting and investigating this matter. Costs will continue to accrue until compliance is
achieved and the case is closed.
6_ In the event of nonpayment of fines and costs imposed on Respondent,a certified
copy of an order imposing fine may be recorded in the public records and shall thereafter
constitute a lien against the land on which the violation or violations exist and upon any other
real or personal property owned by the violator.
DONE AND ORDERED at the Division of nistrative Hearing,Tallahassee, Florida,
this {I�day of February,2014.
Laningham
Code Compliance Special Magistrate
In the event of nonpayment of fines and/or costs imposed on Respondent(s),a certified cope
of this Order may be recorded in the public records and shall thereafter constitute a lien
against the land on which the violation or violations exist and u on any other real or
personal property owned by the violator.The County may institute foreclosure proceedings
if the lien remains unpaid for three months and/or may sue to recover money judgment for
the amount of the lien plus accrued interest. Please make checks payable to Monroe
County Code Compliance and mail to: Monroe County Code Compliance,Attn: Office of
the Liaison,2798 Overseas Hwy.,Suite 330,Marathon,FL 33050.
APPEAL PROCEDURES
Respondent(s)shall have 30 days from the date of the foregoing Order of the Special Magistrate
to appeal said Order by filing a Notice of Appeal, signed by the Respondent(s), ANY
AGGRIEVED PARTY, INCLUDING MONROE COUNTY, MAY HAVE APPELLATE
RIGHTS WITH REGARD TO THIS ORDER PURSUANT TO SECTION 162.11, FLORIDA
STATUTES. ANY SUCH APPEAL WILL BE LIMITED TO APPELLATE REVIEW OF THE
RECORD CREATF,D BEFORE THE SPECIAL MAGISTRATE. ANY APPEAL MUST BE
FILED WITH CIRCUIT COURT WITHIN 30 DAYS OF THE EXECUTION OF THIS
ORDER.
CERTIFICATE OF ORDER
I h reby certify that this' a true and correct copy of the above Order.
Lz�
Nicole M.Petrick,Liaison
Page 6 of 7
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Doca 1970700
BkN 2573 Pga 544
,
CERTIFICATE 4E SERVICE
I hereby certify that a true and correct copy of this Order has been furnished to the Respondent(s�
via hand delivery / first cias .S. mail to Respondent(s) address of record with the Monroe
Count Property Appraiser's Office as referenced above and/or Authorized Representative
l�Cd ,��QC S on this /`i"'s` day of
Nicole M.Petrick,Liaison
i
MONROE COUNTY
OFFICIAL RECORDS
Page 7 of 7
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Exhibit
■
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Doca 1725484 01/06/2009 2:04PM
Filed 6 Recorded in Official Records of
MONROE COUNTY DANNY L. KOLRAGE
Doclt 1725484
Bkp 2394 P90 2283
Return to:
Monroe County
Growth Management Division
2798 Overseas Highway
Marathon,Florida 33050
Prepared by:
No Stress Property Management,Inc.
144 Apache Street
Tavernier,FL 33070
------------------- -- Space Above This Line For Recording
MONROE COUNTY, FLORIDA
CORRECTIVE GRANT OF CONSERVATION EASEMENT
This corrective Grant of Conservation Easement is being recorded to correct the Grant of
Conservation Easement filed at Book 1972 Page 1096, in order to reflect the conditions in the
minor conditional use Development Order 2-02 issued by Monroe County on April 22, 2002
filed at Book 1790 Page 1379.
This Conservation Easement is Granted this &` -day of 20e by
Magnolia 101, LLC, whose address is 101 Magnolia Street, Key Largo, Floriq 33037 in the
County of Monroe and the State of Florida(Grantor),to Monroe County, a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040,
(Grantee). -
Grantor declares and grants as follows:
1. Background Information
A. Grantor is the successor in interest to the above-referenced Development Order
and is the fee simple title holder of certain real property with a street address of
101 Magnolia Street, Key Largo, Florida 33037, and with a Monroe County Real
Estate Number of RE#00454520-000000(Ocean Acres,Key Largo, Lot 20), the
servient estate,and which is shown on Exhibit A.
B. The consent of all mortgagee(s)of the servient estate is attached as Exhibit 1
If no consent is attached hereto, Grantor certifies to Grantee that no mortgage
exists.
C. Grantor desires to develop the servient estate as a waste processing facility.
D. The servient estate contains High Elevation Tropical Hardwood Hammock and
Restored Hammock Areas.
Page 1 of 6
GOCEA Rey:8rU06
Prepared by:
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Docp 2725484
Bkp 2394 P9a 2284
E. Grantee is a general purpose political subdivision of the State and is authorized to
regulate and control the use of real property through Land Development
Regulations(LDRs)in order to protect the public health, safety and welfare of its
citizens.
F. Section 9.5-337 (2006 edition) of Grantee's LDRs requires that certain areas of
the servient estate be retained as open space and preserved in their natural
condition.
2. Grant of Easement
Grantor grants to Grantee the easement shown on Exhibit A.
3. Character of the Easement
This easement is a conservation easement,which,as defined by Section 704.06 of
the Florida Statutes, is a right or interest in real property which is appropriate to
retaining land or water areas predominantly in their natural, scenic, open,
agricultural or wooded condition; retaining such areas as suitable habitat for fish,
plants or wildlife;retaining the structural integrity or physical appearance of sites
or properties of historical, architectural, archeological or cultural significance; or
maintaining existing land uses.
4. Location and Description of the Easement
A. This easement is located on the servient estate as described above.
B. This easement is shown in the diagram attached to this instrument as
Exhibit A and by reference made a part hereof.
5. Law Governing the Easement and Enforcement Thereof
This easement is governed by Section 704.06 of the Florida Statutes, or the
equivalent Florida Statute governing conservation easements, and is to be
construed and enforced in accordance with that statute and in accordance with the
laws of the State of Florida and the Grantee's LDRs.
6. Restrictions Imposed by the Easement
By these presents Grantor imposes and will impose the following restrictions on
the use of the servient estate within the easement area:
A. No construction or placing of buildings, roads, signs, billboards or other
advertising,utilities or other structures on or above the ground.
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DacM 1725484
Skp 2394 P9# 2285
B. No dumping or placing of soil or other substance or material as landfill or
dumping or placing of trash,waste or unsightly or offensive materials.
C. No removal, trimming or pruning of trees, shrubs or vegetation except for
such removal, trimming or pruning which Grantee's biologist has
authorized in writing.
D. No excavation, dredging or removal of loam, peat gravel, soil, rock or
other material substances in such a manner as to affect the surface of the
easement area.
E. No surface use except for purposes that permit the land or water area to
remain predominantly in its natural condition.
F. No activities detrimental to drainage, flood control, water conservation,
erosion control or soil conservation or fish and wildlife habitat
preservation.
G. No acts or uses detrimental to such retention of land or water areas.
H. No planting of non-native,invasive or exotic plants.
I. No acts or uses detrimental to the preservation of the structural integrity or
physical appearance of sites or properties of historical, architectural,
archeological or cultural significance.
J.
7. Access to the Servient Estate
Grantor will allow Grantee to access and to enter upon the servient estate,with no
less than 24 hours notice, for the purposes of inspection to determine the
Grantor's compliance with this Grant of Easement.
S. Limitation on Liability for Personal Injury or Injury to Property
The Grantor waives any rights the Grantor may have to bring a claim against
Grantee for personal injury or injury to property that is caused by the negligent
action or inaction of Grantee or an employee or agent of Grantee during the
course of Grantee's activity related to this Grant of Easement and further Grantor
holds Grantee harmless from the claims of all persons for action, inactions or
activities occurring on the servient estate.
9. Term of Easement
This easement is perpetual and runs with the land.
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10. Persons Bound by Easement
This easement is binding on all present and future owners and mortgagees of the
servient estate.
11. Entirety of Grant of Easement
This Grant of Easement constitutes the entire Grant of Easement from Grantor to
Grantee and any understanding or representation of any kind preceding the date of
this Grant of Easement is not binding on either the Grantor or Grantee except to
the extent it has been incorporated into this Grant of Easement.
12. Modification of Grant of Easement
This Grant of Easement may be modified only by a written modification signed
by an authorized representative of Grantor and Grantee and by any mortgagee(s).
13. Recover of Attorney's Fees
In the event of any controversy, claim or dispute arising under or as a result of
this Grant of Easement, the prevailing party will be entitled to recover reasonable
attorney's fees and costs.
14. Notice Concerning Grant of Easement
Any notice provided for or concerning this Grant of Easement will be made in
writing and will be sufficiently given when sent by certified or registered mail to
the respective address, as set forth at the beginning of this Grant of Easement, of
Grantor or Grantee.
15.Recording of Grant of Easement
This Grant of Easement will be recorded in the Official Records of Monroe
County, Florida and any changes hereto will also be recorded in the Official
Records of Monroe County.
[The remainder of this page has been intentionally left blank.]
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In Witness Whereof, Grantor grants the Conservation Easement above and executes this
instrument this—/�day of_ ,208�.
2 3
First itness Signature Gr or Signature
4 L-1nr�bQc�- 5
First Witness Printed Name Grantor Printed Name
0'� ? ,,e 6 2=l�L
M �. _ 7
Second Witness Signature Grantor'title
�� g is 19 0�
Second Witness Printed Name Date
State of Florida
County of Monroe
Before me, the undersigned authority,personally appeared 1�+1Gt �C'C
and , who are personally known to me, or have produced
andF'C(Xfk_Lf3f-`f13 5'�-( , respectively as
identification.
Sworn and subscribed to me this day of ,20 Opj.
tAkw-A CIS-CA.e,2 e L, L.
Typed Notary Name and Number Notary Signature and Seal
LAM tA*X4AM=
Pd*•sm d row
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DocU 1725484
Oka 2394 PSN 2280
MONROE COUNTY, FLORIDA
ACCEPTANCE OF CONSERVATION EASEMENT
In Witness Whereof, Grantee accepts the Conservation Easement granted above and executes
this instrument the date set forth below.
/'4-/
`C Monroe County,Florida
First Witness Signature
By
First Witness Printed Nam6 Director of Growth Management(Signature)
r
LA
Second Witness Siture Director of Growth Management(Printed Name)
/Vt .� (�sle� �1�/9 X.
Second Witness Printed Name Date
MC ME cotWrY ArroFwer
w�rro xs
State of Florida
County of Monroe
Before me,the undersigned authority,personally appeared ��Grr2���iQ IlJE77`IlJE7"`7`_�__,
who is personally known to me, or has produced as
identi cation.
Sworn and subscribed to me this ��! 6:6 day of _ ,20_0
Wa
Inn." 7&NOB
)
c,�.rw�s w 111M �gn =.dSeaI
Page 6 of 6
(GOCEA-Rev:B 1%
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ASSREVIATKMAE660 I SHEET 1 OF 2
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DOcN 2725484
Ska 2394 P901 2289
CONSERVATION EASEMENT DESCRIPTION-
An easement for conservation purposes over and across a
portion of Lot 20, OCEAN ACRES, according to the Plat thereof,
as recorded in Plat Book 1, at Page .188 of the Public Records
of Monroe County, Florida, said portion being more particularly
described by metes and bounds as follows:
BEGIN at the Northeast corner of said Lot 20, OCEAN ACRES;
thence run on an assumed bearing of S,00.07'39'E„ along the
East line of said Lot 20, a distance of 200.00 feet to the
Southeast corner of said Lot 20; thence run S.88.13'21'W., along
the South line of said Lot 20, a distance of 138.67 feet; thence
depart said South line and run N.19.59'35E, a distance of 126.98
feet; thence run N.88°00'23'E,, a distance of 51.88 feet; thence
run N.01a42'31'W., a distance of 81,80 feet to a point in the
North line of said Lot 20; thence run N,88a13'21'E, along said
North line of Lot 20, a distance of 45.36 feet to the Point of
Beginning.
Contains 17,407 square feet, more or less.
NOTES:
1. This description was prepared by the undersigned from information found in the
public record, and from information obtained by a boundary survey of Lot 20,
OCEAN ACRES, by this comapny on 8-31-05.
2, Per the client's instructions the conservation easement was prepared to
encompass that portion of Lot 20 lying Easterly of the existing chain link Fence.
3, The bearings shown on the sketch on Sheet 2 and appearing in the above
description are on an assumed datum. The base of which is the East line of Lot 20.
4, This is a description and sketch of some only. it is not a boundary survey and
should not be used as such.
NOT COMPLETE WITHOUT SHEET 2.
DAVID MASSEY LAND SURVEYING, INC. R— F"
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Doc.#2388237 Page Number:36 of 38
SHEET 2 OF 2
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aka 2394 Pg# 2290
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GRAPHIC SCALE MONROE COUNTY
OFFICIAL RECORDS
NOT COMPLETE WITHOUT SHEET 1.
SEE SHEET I FOR ORIGINAL SIGNATURE AND RAISED SEAL!
DAVID MASSEY LAND SURVEYING, INC. `�' K Fox 12,
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Key LAW MonrmCbunty. flp W Orowiey Ilo. 9904 Ones W IIM. 5caw 1-w
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Exhibit cc CE
2553
Doc.#2388237 Page Number:38 of 38
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2554
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2
3 RESOLUTION NO. -2024
4
5 A RESOLUTION SETTING THE DATE, TIME, AND
6 PLACE FOR A PUBLIC HEARING REGARDING
7 PROPOSED ABANDONMENT OF A PORTION OF
8 PUBLIC RIGHT-OF-WAY LOCATED ON A PORTION
9 OF THE HIBISCUS STREET RIGHT-OF-WAY
10 SITUATED WITHIN THE KEY LARGO OCEAN
11 ACRES PLAT, AS RECORDED IN PLAT BOOK 1,
12 PAGE 188, OFFICIAL RECORDS OF MONROE
13 COUNTY, FLORIDA, WHICH IS BOUNDED ON THE
14 WEST BY A PORTION OF THE HIBISCUS STREET
15 RIGHT-OF-WAY ALREADY ABANDONED' IN
16 FAVOR OF AND OVER TO THE MONROE COUNTY
17 BOARD OF COUNTY COMMISSIONERS AS RECORD
18 OWNER OF SQUARE 19 OF THE SUBJECT PLAT
19 AND STATE OF FLORIDA AS RECORD OWNER OF
20 SQUARE 22 OF THE SUBJECT PLAT, BOUNDED ON
21 THE SOUTH BY SQUARE 23 OF THE SUBJECT PLAT,
22 BOUNDED ON THE EAST BY HIBISCUS STREET
23 RIGHT-OF-WAY, AND BOUNDED ON THE NORTH
24 BY SQUARE 20 OF THE SUBJECT PLAT, MONROE
25 COUNTY, FLORIDA.2
26
27 WHEREAS, Magnolia 101 LLC, via Island Construction Management Inc. acting as an
28 authorized agent, has solicited for the Monroe County Board of County Commissioners("BOCC",
29 "Board", "Monroe County", or the "County")to voluntarily abandon a portion of public right-of-
30 way located on a portion of the Hibiscus Street right-of-way situated within the Key Largo Ocean
31 Acres plat, as recorded in Plat Book 1, Page 188, Official Records of Monroe County, Florida,
32 situated as more particularly described below, which is bounded on the west by a portion of the
33 Hibiscus Street right-of-way already abandoned in favor of and over to the Monroe County BOCC
34 as record owner of Square 19 of the subject plat and State of Florida as record owner of Square 22
35 of the subject plat, bounded on the south by Square 23 of the subject plat, bounded on the east by
36 Hibiscus Street right-of-way, and bounded on the north by Square 20 of the subject plat; and
37
'Monroe County BOCC Resolution No. 151-2017,recorded at Book 2866,Page 51,Document No.2132587,
Official Records of Monroe County,Florida.
Section 28,Township 61 South,Range 39 East,Key Largo,Monroe County,Florida.
3 Monroe County BOCC Resolution No. 151-2017,recorded at Book 2866,Page 51,Document No.2132587,
Official Records of Monroe County,Florida.
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I WHEREAS,Magnolia 101 LLC is bound by that certain recorded Settlement Agreement4
2 approved following extensive code compliance litigation against the Monroe County BOCC in
3 which the BOCC prevailed, and the proposed portion of public right-of-way Magnolia 101 LLC
4 seeks abandonment of is south of its existing permitted waste separation facility located at 215
5 Magnolia Street which constitutes, under the Monroe County Comprehensive Plan and Monroe
6 County Land Development Code, a permitted light industrial use approved for a portion of Square
7 20 of the subject Ocean Acres plat; and
8
9 WHEREAS, a BOCC decision on whether to abandon this portion of public right-of-way
10 would not constitute a form of development/permitting approval or approval of expansion of any
11 existing permitted development; and
12
13 WHEREAS,abandonment of a portion of a public right-of-way does not sanction violating
14 the limitations and requirements of the Monroe County Comprehensive Plan and Monroe County
15 Land Development Code; and
16
17 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is
18 necessary to hold a public hearing for the Monroe County Board of County Commissioners to
19 publicly consider said abandonment after publishing due notice of said hearing therewith; and
20
21 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
22 a public hearing to consider abandonment of the subject portion of right-of-way situated on a
23 portion of the Hibiscus Street right-of-way;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
27
28 Section 1. Findings of Fact and Conclusions of Law. The foregoing findings of fact and
29 conclusions of law are true and correct and are hereby adopted and incorporated as if fully
30 set forth herein.
31
32 Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
33 public hearing on March 20, 2024, at the Murray Nelson Government Center, 102050
34 Overseas Highway, Key Largo, Monroe County, Florida, to consider abandoning the
35 subject portion of right-of-way situated as more particularly described herein on per the
36 recorded plat of Ocean Acres,Plat Book 1,Page 188, Official Records of Monroe County,
37 Florida, to wit:
38
39 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
40
4 Book 3190,Page 120,Document No.2388237,Official Records of Monroe County,Florida.
5 Minor Conditional Use Permit("CUP")Development Order No.2-02,recorded at Book 1790,Page 1377,
Document No. 1305054,Official Records of Monroe County,Florida.
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" DIESCRIPTIONs
lon of Hibiscuis Street c ntIQUO S -to Lot. 20, and
Lot 23, OCEAN ACRES, iacicordilng, to, thePlat thereof as
R'e,coirded Nirt Plat Book 1,, st Page a 98 of the Public
blic
R c rd�s i Monroe County, Florl'ida ondloleing more
particutarty described as foLliows�
BEGINNING at the Southeasterly corner ner of said at 20
orn the Norther Northerty right of way tin of' Hibiscus S-treeti
thence run &.00107'391E, aLoing the Southerly extension, of
N e East tine of Lot 2 , for a distance of 30,02 feet
the Northeasterly cornier f Lot 23j therms run, S. 3' "
orrg said 'N oir t,hei ty Une for a distance nc of 2 "5 , feet to
he N of rthhasten y corner,n r, of said Nat 23 an So u r t
right of ways N;nie of Hibiscus Streeti thence run N" , * "' "!E.
aa,Nong the Northerly therl xtension of the West tine of Lot 23
for distance of 30.012 feet to, the Southwest corner of
Last 2 l thence, run K88* '21' , along the South tine of
Lamm 20 and he, Nort�h Line of Hibiscus Street for a
distance of 215= feet back to the PDINT OFEG N I N�G.
1Containing 6,450, siquare feet,
2
3 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
4 be liberally construed and enforced in favor of the Monroe County BOCC and such
5 interpretation shall be entitled to and granted great weight in adverse administrative
6 proceedings,at trial,in bankruptcy, and on appeal,and all provisions of the Monroe County
7 Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain management
8 regulations, and Florida Building Code whose interpretation arises out of, relates to, or is
9 interpreted in connection with this Resolution shall be liberally construed and enforced in
10 favor of the Monroe County BOCC and such interpretation shall be entitled to and granted
11 great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on
12 appeal.
13
14 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed
15 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
16 governmental, and any other similar defense, immunity, exemption, or protection against
17 any suit, cause-of-action, demand, or liability.
18
19 Section 5. Severability. If any provision of this Resolution, or any part or portion thereof,
20 is held to be invalid or unenforceable by any administrative hearing officer or court of
21 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or
22 portion thereof, shall neither limit nor impair the operation, enforceability, or validity of
23 any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All
24 other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
25 continue unimpaired in full force and effect.
26
27 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
28 regular meeting held on the 2 1" day of February, 2024.
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1
2 Mayor Holly Merrill Raschein, District 5
3 Mayor Pro Tem James K. Scholl, District 3
4 Commissioner Craig Cates, District 1
5 Commissioner Michelle Lincoln, District 2
6 Commissioner David Rice, District 4
7
8 BOARD OF COUNTY COMMISSIONERS
9 OF MONROE COUNTY, FLORIDA
10
11
12 MAYOR HOLLY MERRILL RASCHEIN
14 (SEAL) 'TO FORM
15
16 ATTEST: KEVIN MADOK, CLERK EA _ ,
17 ASVSTANT COUNTY ATTORNEY.
18 Date: 2/6/2024
19 AS DEPUTY CLERK
20
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