Resolution 183-2024 F
11
1 rw w„yd ri
2
3 RESOLUTION NO. 183 -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 MELALEUCA STREET RIGHT-OF-WAY
10 SITUATED WITHIN THE DUCK KEY PLAT, AS
11 RECORDED IN PLAT BOOK 5, PAGE 82, OFFICIAL
12 RECORDS OF MONROE COUNTY, FLORIDA,
13 WHICH IS BOUNDED ON THE WEST BY A PORTION
14 OF THE EAST SEAVIEW DRIVE RIGHT-OF-WAY,
15 BOUNDED ON THE SOUTH BY LOTS 77-79, BLOCK
16 1, BOUNDED ON THE EAST BY LOTS 76 AND 77,
17 BLOCK 1,AND BOUNDED ON THE NORTH BY LOTS
18 74-76, BLOCK 1, MONROE COUNTY, FLORIDA.
19
20 WHEREAS, The Bestow Group, LLC and Charles and Kristen Currier,via Smith Hawks,
21 PL acting as an authorized agent, has solicited for the Monroe County Board of County
22 Commissioners (`BOCC", "Board", "Monroe County", or the"County")to voluntarily abandon a
23 portion of public right-of-way located on a portion of the Melaleuca Street right-of-way situated
24 within the Duck Key plat,as recorded in Plat Book 5,Page 82,Official Records of Monroe County,
25 Florida, situated as more particularly described below, which is bounded on the west by a portion
26 of the East Seaview Drive right-of-way, bounded on the south by Lots 77-79, Block 1, bounded
27 on the east by Lots 76 And 77, Block 1, and bounded on the north by Lots 74-76, Block 1; and
28
29 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is
30 necessary to hold a public hearing for the Monroe County Board of County Commissioners to
31 publicly consider said abandonment after publishing due notice of said hearing therewith; and
32
33 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
34 a public hearing to consider abandonment of the subject portion of right-of-way situated on a
35 portion of the Melaleuca Street right-of-way;
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. Findings of Fact and Conclusions of Law. The foregoing findings of fact and
41 conclusions of law are true and correct and are hereby adopted and incorporated as if fully
42 set forth herein.
43
File 4 2023-286 1 of 3
I Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
2 public hearing on July 27,2024,at 9:00 am,at the Marathon Government Center,2798
3 Overseas Highway,Monroe County,Florida,to consider abandoning the subject portion
4 of right-of-way situated as more particularly described herein on per the recorded plat of
5 Ocean Acres, Plat Book 1, Page 188, Official Records of Monroe County, Florida, to wit:
6
7 THE P UBLIC RIGHT OF WAY DESCRIBED AS:
8
A parcel of land) being Meoaleuca Street, lying Southerly of and adjacent to Lots 74, 75 and 76, Block 1, and lying
Northerly of and adjacent to Lots 7'7, 78 and 79, Block 1,all of YACII IT CLUB ISLAND, DUCK IKEY, SECTION 4,
according to the Plat thereof as recorded In Plat.Book 5, Page 82, of the Public Records of Monroe Cou.unty, Florida, and
being more particularly described as follows:
COMMENCE at the intersection of the Easterly right-of-way line of Fast Seaview Drive aind the centerline of Melaocuoa
Street, of said YACHT CLUB ISLAND, DUCK KEY SECTION 4;
thence bear N66156 00"E along the centerline of Melale^uca Street, for a distance of 255.0 feet to a point at the
dividing line between Lots 76 and 77, Block 1, said point being a point on a curve, and also the Point of Beginning,;
thence from the Point of Beginning, in a Northerly, 'Westerly and Southerly direction along a curve for a distance of
130.9 feet to a point, said curve heaving a Radius of 50 feet, a Delta of 1.500, and a chord bearing of S810560011w,
vwith a chord distance of 96.59 feet;
thence S66056"00""VV for a distance of 136.70 feet to a Point of Curve.;
thence in a Westerly and Northerly direction along said curve for a.distance of 39.27 feet to a point on the Easterly
right-of-way line of East Seaview Chive, said curve hawing a Radius of 25 feet, a Delta of 90'0,, and a chord bearing of
N68104 00"" , with a chord distance of 35.36 feet;
thence bear 523104 00"E along the Easterly right-of-way line of East Seaview Drove for a distance of 100.0 feet to a
point at the Southerly right-of-way line of Melaleuca Street, said point being a point on a curve;
thence in a Northerly and Easterly direction, along said curve for a distance of 39.27 feet to a point of tangent, said
curve having a Radius of 2.5 feet, a (Delta of 901"", a chord bearing of N21056'00"E, with a chord distance of 35.36 feet;
thence N66156 00"E for a distance of 136.70 feet to a point can a curve,
thence in a Southerly, Easterly and Northerly direction along said curve for a distance of 130.9 feet back to the Poirot
of Beginning, said curve having a Radius of 50 feet, a Delta of 15011, a chord bearing of N51056'00"E, with a chord!
distance of 96.59 feet,. Containing 15,980 sq. ft,, (0.36 acres).
SUBJECT TO a 110 foot by 54 foot U'tillity Easement in the Southerly 1/2 of Mellaleuca Street, adjacent to Lots 77, 78
and 79, Block 1 of YACHT CLUB ISLAND, DUCK KEY, SECTION 4, according to the(Plat thereof as recorded in Pllat Book
5, 'Page 82, of the Public Records of Monroe County„ Florida,and being more particularly described as follows:
BEGIN at intersection of the Easterly right-of-way Iline of East Seaview Drive and the centerline of Melaleuca Street,of
said YACHT CLUB ISLAND, DUCK KEY, SECTION 4;
thence bear S23104'00"E for a distance of 8.86 feet to the Point of Beginning,;
thence bear S23004'00"E for a distance of 10.0 feet; thence bean N661156`00"°E for a distance of 54.0 feet; thence bear
N23104'00"W for a distance of 10.0 feet„ thence bear 566*55'00"W for a distance of 54.0 feet back to the(Point of
9 Beginning.
10
11 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
12 be liberally construed and enforced in favor of the Monroe County BOCC and such
13 interpretation shall be entitled to and granted great weight in adverse administrative
14 proceedings,at trial,in bankruptcy, and on appeal, and all provisions of the Monroe County
15 Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain management
16 regulations, and Florida Building Code whose interpretation arises out of, relates to, or is
17 interpreted in connection with this Resolution shall be liberally construed and enforced in
18 favor of the Monroe County BOCC and such interpretation shall be entitled to and granted
19 great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on
20 appeal.
21
22 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed
23 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
24 governmental, and any other similar defense, immunity, exemption, or protection against
25 any suit, cause-of-action, demand, or liability.
26
File 4 2023-286 2 of 4
1 Section 5. Severability. If any provision of this Resolution, or any part or portion thereof,
2 . is held to be invalid or unenforceable by any administrative hearing officer or court of
3 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or
4 portion thereof, shall neither limit nor impair the operation, enforceability, or validity of
5 any other provision of this Resolution, or anyremainin • •part(s) or portion(s) thereof. All
remainingp � )
6 other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
10 regular meeting held on the 15th day of May, 2024.
11
12 Mayor Holly Merrill Raschein, District 5 Yes
13 Mayor Pro Tern James K. Scholl, District 3 Yes
•
14 Commissioner Craig Cates, District 1 Yes
•
15 Commissioner Michelle Lincoln, District 2 Yes
16 Commissioner DavidRice,
ission District 4 Yes
17
18 BOARD OF COUNTY COMMISSIONERS
19 OF MONROE COUNTY, FLORIDA
21 rs � ,,� .`, . '-`,i,,; Imo j
rr, � R r - f �,",,,/ fi w, ?, , b
:.
MAYOR HOLLY MERRILL RASCHEIN
3 i`t ' p J+ y L`S
'`i24 - ',, ^SE 4 h ,1 -
tr. f i 4 arr
)'25et �, s- MONROE COUNTY ATTORNEY
26, ATTEST:rf,�,,i VIN MADOK, CLERK P a an
���, � � of
27. A;:
P�
28 r,- °VIA()011/1,0%\
29 AS P.UTY CLERK
30
r)
,..
ram'..w._
File#2023-28.6 3 of 4