Resolution 089-2024 F
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3 RESOLUTION NO. 089 -2024
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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
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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
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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
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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
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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;
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25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
26 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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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.
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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:
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39 THE PUBLIC RIGHT OF WAY DESCRIBED AS:
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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,
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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.
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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.
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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.
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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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2 Mayor Holly Merrill Raschein, District 5 Yes
3 Mayor Pro Tern James K. Scholl, District 3 Yes
4 Commissioner Craig Cates, District 1 Yes
5 Commissioner Michelle Lincoln, District 2 Yes
6 Commissioner David Rice, District 4 Yes
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8 BOARD OF COUNTY COMMISSIONERS
9 OF MONROE C 0 Y, FLORIDA
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VIN MADOK, CLERK
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