Resolution 088-2024 0
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5 RESOLUTION NO. 088 -2024
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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.
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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
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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
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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;
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38 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
39 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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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.
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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.
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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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1 sovereign, governmental, and any other similar defense, immunity, exemption, or
2 protection against any suit, cause-of-action, demand, or liability.
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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)
1 o thereof, shall continue unimpaired in full force and effect.
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12 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
13 regular meeting held on the 21 St day of February, 2024.
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15 Mayor Holly Merrill Raschein, District 5 Yes
16 Mayor Pro Tern James K. Scholl,District 3 Yes
17 Commissioner Craig Cates, District 1 Yes
18 Commissioner Michelle Lincoln, District 2 Yes
19 Commissioner David Rice, District 4 Yes
20
21 BOARD OF COUNTY COMMISSIONERS
22 OF MONROE C•UN Y, FLORIDA
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2s5i '�= �`A�y�,, MAYOR HOLLY MERRILL RASCHEIN
C�SyLr 4,J�,� ``.i � '�.9 9w h'o?+i`��` �,"dd i
s��1,', ,;, r:.-:-.:.. t MONROE CO' ATTORNEY
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19:::::,:cA',-TTES-Tf;*VIN MADOK, CLERK.,
30 , �.:,, ,�-is ,..,., PETER MORRIS
) ,..c.:,t/'TfYri ., � ASSISTANT COUNTY ATTORNEY
31 2
(A-4-19 Date: 2/6/2024.
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