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HomeMy WebLinkAboutItem U06 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District z The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting June 10, 2026 Agenda Item Number: U6 26-32159 BULK ITEM: No DEPARTMENT: Planning and Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Renouncing and Disclaiming Any Right of Monroe County and the Public in and to a Portion of a 15-Foot Wide Alley Adjacent and Contiguous to the Southerly Line of Lots 11, 13 and the Northeasterly '/z of Lots 14 and Lot 17, Block 5, Pamela Villa, Key Largo,Plat Book 3, Page 125, Official Records of Monroe County, Florida. ITEM BACKGROUND: On October 6, 2025 the Planning and Environmental Resources Department received an application from Javier Trucking INC. (the "Applicant") to abandon a portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11, 13 and the Northeasterly t/z of Lots 14 and Lot 17, Block 5, Pamela Villa, Key Largo, Plat Book 3, Page 125 (File 2025-199). As indicated in the Application, the Applicant seeks the abandonment for the following reason: "The owners of 102901 Overseas Highway have used it over the years It has never been used as an ally. There is even a fence blocking access. The fences has been there since 1970. 1 have kept it and maintain it, There is no public use. We need more space for a buffer which will allow it to be placed in the best location along the resident's lot, thereby providing them with more privacy." The area proposed for abandonment is a portion of a 15 foot wide alley adjacent and contiguous to the Southerly line ofLots 11, 13 and the Northeasterly `/ ofLots 14 and Lot 17, Block 5, Pamela Villa, Key Largo, Plat Book 3, Page 125 and is outlined in yellow in the figure below in the left column and with hatching in the right column (the "Proposed Abandonment"). / / e / J L REVIEW OF APPLICATION AND ANALYSIS The portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11, 13 and the Northeasterly '/z of Lots 14 and Lot 17,Block 5, is established with the plat of Pamela Villa,Key Largo. The plat of Pamela Villa (PB 3, Page 125) was approved by resolution by the Monroe County BOCC on January 3, 1956 and filed for record. The Proposed Abandonment affects three (3) separate and distinct property owners. The images below indicate how the area of Proposed Abandonment will be divided among the affected property owners. The image below shows the portion of the Proposed Abandonment that abuts Javier Trucking Inc., the Applicant. A�°, Al 47... yl MMK5 LOT M. r. MOM 6 � 6M µx ww r n �.OGSS AF/] Vyy, .4'� L6iYl, LbT'b, L9T H, �.GC%5 BLOCK 8 The portion in the left column abuts Lot 17, Block 5 owner by 10271 LLC; the portion in the right column abuts Lot 11, Block 5 owned the SLCMMC Rentals 422 LLC. Wm(N. Y;f:r W 4F� .''W,a, � •pd � Pb�1 f n, A Nk- LU ia uwm t n.baha <P LOY G, n Np 6Lptlf5 % .2y l ue LDP 9, 'g YA41k L L2YP1q W 0.bCM B �p n�1ba W Bl.ftq(B b Consistency with the Code of Ordinances and Livable Communikevs Plan The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter 19, Article I, Section 19-1 Abandonment of Nights-of-way. Staff finds the Proposed Abandonment is not inconsistent with the Livable Communikeys Plan (LCP). Monroe County Code Section 19-1 - Abandonment of rights-of-way states: (a)All applications for the abandonment of public rights-of-way shall demonstrate the right-of- way is no longer required for public use and convenience. Any proposed abandonment must demonstrate that such action will not adversely affect public safety or convenience or otherwise have a negative impact on the county system of streets or public or private utility facilities. The Application for the proposed abandonment has demonstrated that the right-of-way is no longer required for public use and convenience. (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) The right-of-way terminates on a body of open water; or The right-of-way requested does not terminate on a body of open water. (2) The right-of-way provides access to the public to land on open water; or The right-of-way requested does not provide public access to land on open water. (3) The abandonment would preclude a way for the public to maintain access to the water. The right-of-way requested does not preclude the public from access to the water. (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which directly adjoins the area subject to abandonment or, if the right-of-way is abandoned, will: (1) Have access that is currently used by that property owner eliminated or diminished; (2) Have the only platted access eliminated; (3) Have the paved area adjacent to that property increased for turn-around purposes; or (4) Be increased in size. The Applicant and the affected property owners will not have access that is currently used eliminated. Rather, the Proposed Abandonment is an unimproved alley within the Pamela Villa Subdivision. Additionally, affected property owners have provided letters of"No Objection" to the requested right- of-way abandonment. A turnaround is not required by the Fire Marshal's office or Engineering. There are no objections to the increase in size. The total area of the right-of-way requested for abandonment is 1,260 +/- square feet. If approved, 630 square feet would go to the Applicant; 533.88 square feet to SLCMMC Rentals 422 LLC; and 91.13 square feet to the 10271 LLC. There is no objection to this increase. (d)All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn-around and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal or 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. A turnaround is not required by the Fire Marshal's office or Engineering. (e)A right of way may be abandoned only at the terminal portion of the road and in its full width unless one of the following applies; 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and right-of-way. The term "substantial structure" specifically does not include wood or metal fences, sheds or till huts or other items not listed which are accessory structures; or 2. The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as shown in Example 1. The right-of-way requested is not at the terminal portion of the road. The Proposed Abandonment meets the criteria cited above and is therefore suitable for abandonment. PREVIOUS RELEVANT BOCC ACTION: At the May 20, 2026 BOCC meeting, the BOCC set the public hearing for the proposed right-of-way abandonment. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: The Monroe County Planning and Environmental Resources Department's professional staff have reviewed the request under Monroe County Code Section 19-1 and determined it meets the eligibility criteria for the BOCC to consider abandonment of the requested portion of right-of-way. DOCUMENTATION: 2025-199 Staff Report 2025-199 Resolution Exhibit A to Resolution FINANCIAL IMPACT: N/A Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: 2 { 3 4 MEMORANDUM 5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT 6 We strive to be caring,professional and fair 7 8 To: Monroe County Board of County Commissioners 9 10 Through: Devin Tolpin, AICP, CFM, Senior Director of Planning & Environmental Resources 11 12 From: Cheryl Cioffari, AICP, Senior Administrator of Planning and Policy 13 14 Date: May 22, 2026 15 16 Subject: A public hearing to consider a resolution renouncing and disclaiming any right of the 17 County and the public in and to a portion of a 15 foot wide alley adjacent and contiguous 18 to the Southerly line of Lots 11, 13 and the Northeasterly �2' of Lots 14 and Lot 17, Block 19 5, Pamela Villa, Key Largo, Plat Book 3, Page 125. (File 2025-199). 20 21 Meeting: May 20, 2026—Request to advertise Public Hearing 22 June 10, 2026—Public Hearing 23 24 I. REQUEST 25 26 On October 6, 2025 the Planning and / � /f�%/'' " 27 Environmental Resources Department received an / 'o 28 application from Javier Trucking INC. (the � �/, �" 29 "Applicant") to abandon a portion of a 15 foot wide 30 alley adjacent and contiguous to the Southerly line 31 of Lots 11, 13 and the Northeasterly 1/2 of Lots 14 32 and Lot 17, Block 5, Pamela Villa, Key Largo, Plat 33 Book 3, Page 125 (File 2025-199). 34 35 The Applicant owns the parcels to the west of the 36 right-of-way requested for abandonment (outlined 37 in and the affected parcels to the east of the , r " 38 right-of-way requested for abandonment (outlined 39 in are owned by two separate property �r 40 owners. 41 42 As indicated in the Application, the Applicant seeks the abandonment for the following reason: "The 43 owners of 102901 Overseas Highway have used it over the years It has never been used as an ally. There 44 is even a fence blocking access. The fences has been there since 1970.I have kept it and maintain it, There 45 is no public use. We need more space for a buffer which will allow it to be placed in the best location 46 along the resident's lot, thereby providing them with more privacy. Page 1 of 7 File 2025-199 1 The area proposed for abandonment is a portion of a 15 foot n,ide alley adjacent and contiguous to the 2 Southerly line of Lots 11, 13 and the Northeasterly % of Lots 14 and Lot 17, Block 5, Pamela Villa, Key 3 Largo, Plat Book 3, Page 125 and is outlined in yellow in the figure below in the left column and with 4 hatching in the right column (the "Proposed Abandonment"). 5 AV wT 12g A' ,.,. 1432 N"^ df � a0 porn i �y 7R y Y i xm, r u.af 45. 6 7 Previous BOCC Actions 8 At the May 20, 2026 BOCC meeting, the BOCC set the public hearing for the proposed right-of-way 9 abandonment. 10 11 IL REVIEW OF APPLICATION AND ANALYSIS 12 13 The portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11, 13 and the 14 Northeasterly '/2 of Lots 14 and Lot 17, Block 5, is established with the plat of Pamela Villa, Key Largo. 15 The plat of Pamela Villa (PB 3, Page 125) was approved by resolution by the Monroe County BOCC on 16 January 3, 1956 and filed for record. Page 2 of 7 File 2025-199 PAMELA VILLA A SUGDIVISION IN SECTION 22-TOWNSHIP 61 SOUTH-RANGE 39 EAST KEY LARGO--MONROE COUNTY---FLORIDA two... ,„an c r�r�..G oe wan 9ga amsriauoa,rL�w mx � '� / -T 7" y 0 � m nn,a.mi ✓ �"r 1 "a I i y 1 /� 4� V P{ U L A M F vs d R V C: ^o. x Lj I ^ J 4 Am a., A. w.x ✓ r.4v, a PA u / Y ;/✓ ^.a r m a n n r n ry v 71, r y r r 6 d 1SNR/MN1 r E` d M 1 vvt a t P o ,u l f arrofro n^fra. „„...e � � L � ,au ��f n � x �n: Y' T n f^ /�F ✓� „, �� �1 25 2 As noted above, the Proposed Abandonment affects three (3) separate and distinct property owners. The 3 images below indicate how the area of Proposed Abandonment will be divided among the affected 4 property owners. The image below shows the portion of the Proposed Abandonment that abuts Javier 5 Trucking Inc., the Applicant. �A® � k AV ` I'Cj 4'+ a9�.fps 5 X ^" LOT V. BLOCK .. 4A� +` LOT 0, ✓ ` �� BLOCK5 # POP 4 "w woa'f+r BLOCK 5 b,^ �➢ ' i d LOT ri, A / ✓ 46 LOT 15. BLOCKS LO 8, LOT n, BLOM 5 LOT e�.>xx s BLOCKS 6 Page 3 of 7 File 2025-199 1 The portion in the left column abuts Lot 17, Block 5 owner by 10271 LLC;the portion in the right column 2 abuts Lot 11, Block 5 owned the SLCMMC Rentals 422 LLC. °rLAA ......All r IJ11 r uonn °' LOT n roc r®P Al ^w �"' j wsassce anee. .7 .^;m °mpacxs W�, •. -.i.Or w LOT'A .._. gs� msxx.s mwcKs 3 4 This petition has been reviewed by County staff and written comments were received from the following 5 utilities and County departments: 6 7 Florida Keys Electric Cooperative, dated September 10, 2025 8 FKEC has no objection to the abandonment of the right-of-way as proposed. 9 10 AT&T, dated September 12, 2025 11 AT&T has no objection to the abandonment of the right-of-way as proposed. 12 13 Comcast, dated September 16, 2025 14 Comcast has no objection to the abandonment of the right-of-way as proposed. 15 16 Florida Keys Aqueduct Authority, dated October 15, 2025 17 FKAA has no objections to the abandonment of the right-of-way,this was approved at the October 18 15, 2025 FKAA Board of Directors meeting. 19 20 Monroe County Deputy Fire Marshal, dated April 15, 2026 21 The Monroe County Fire Marshal's Office proposes no objection to the proposeed road abandonment. 22 23 Monroe County Code Compliance, dated October 14, 2025 24 Code Compliance noted a small amount of debis in the area proposed for abndonment.However, 25 Code Compliance noted it has no objection to the proposeed road abandonment at this time. 26 27 Monroe County Sheriff's Office, dated March 30, 2026 28 The Monroe County Sheriff's Office has no objection to the proposeed road abandonment at this 29 time. 30 31 Monroe County Engineering Department, dated October 31, 2025 and April 7, 2026 32 Engineering indicated the following comments: Page 4 of 7 File 2025-199 1 1. The applicant indicates they are requesting abandonment of the 15 ft wide alley; there are 2 several surveys and legal descriptions attached but it is not clear whether the applicant is 3 requesting the entire 15 ft. width of the alley or if it is proposed that half of the width will 4 be abandoned to each of the adjacent property owners in accordance with the Monroe 5 County Code. 6 2. A portion of the 84 ft long section to be abandoned (approximately 12 ft.) is adjacent to 7 parcel 00464650-000000 that is located just south of the parcel owned by the Caputos. The 8 parcel owner of record is Tallini Mary Estate, C/O Deborah M. Weiss P/R. I did not see an 9 affidavit from this owner of record indicating no objection to the proposed abandonment. 10 11 I have no other comments or objections to the abandonment. Since it is an alley there will be no 12 need for a T turnaround." 13 14 On April 7, 2026, the Engineering Department indicated that with the additional information 15 submitted by the Applicant including a Letter of No Objection from an adjacent property owner 16 and revised surveys, the comments from October 31, 2025 were addressed and there were no 17 further questions. 18 19 Consistency with the Code of Ordinances and Livable Communikeys Plan 20 The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter 21 19, Article I, Section 19-1 Abandonment of rights-of-way. 22 23 Staff finds the Proposed Abandonment is not inconsistent with the Livable Communikeys Plan (LCP). 24 25 Monroe County Code Section 19-1 - Abandonment of rights-of-way states: 26 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of- 27 way is no longer required for public use and convenience. Any proposed abandonment must 28 demonstrate that such action will not adversely affect public safety or convenience or otherwise 29 have a negative impact on the county system of streets or public or private utility facilities. 30 31 The Application for the proposed abandonment has demonstrated that the right-of-way is no longer 32 required for public use and convenience. 33 34 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: 35 (1) The right-of-way terminates on a body of open water; or 36 37 The right-of-way requested does not terminate on a body of open water. 38 39 (2) The right-of-way provides access to the public to land on open water; or 40 41 The right-of-way requested does not provide public access to land on open water. 42 43 (3) The abandonment would preclude a way for the public to maintain access to the water. 44 45 The right-of-way requested does not preclude the public from access to the water. Page 5 of 7 File 2025-199 I (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 2 agreement to do so by all affected property owners. For purposes of this subsection, an affected 3 property owner is the owner of property which directly adjoins the area subject to abandonment 4 or, if the right-of-way is abandoned, will: 5 (1) Have access that is currently used by that property owner eliminated or diminished; 6 (2) Have the only platted access eliminated; 7 (3) Have the paved area adjacent to that property increased for turn-around purposes; or 8 (4) Be increased in size. 9 10 The Applicant and the affected property owners will not have access that is currently used eliminated. 11 Rather, the Proposed Abandonment is an unimproved alley within the Pamela Villa Subdivision. 12 Additionally, affected property owners have provided letters of"No Objection" to the requested right-of- 13 way abandonment. 14 15 A turnaround is not required by the Fire Marshal's office or Engineering. 16 17 There are no objections to the increase in size. The total area of the right-of-way requested for 18 abandonment is 1,260 +/- square feet. If approved, 630 square feet would go to the Applicant; 533.88 19 square feet to SLCMMC Rentals 422 LLC; and 91.13 square feet to the 10271 LLC. There is no objection 20 to this increase. 21 22 (d) All right of way abandonments shall comply with the County Code and Standard Engineering 23 requirements for road, turn-around and fire-rescue access. If required for safety purposes, as 24 determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be 25 shown on the submitted survey and shall be agreed to in writing and constructed with payment by 26 the property owner(s) requesting abandonment. 27 28 A turnaround is not required by the Fire Marshal's office or Engineering. 29 30 (e)A right of way may be abandoned only at the terminal portion of the road and in its full width 31 unless one of the following applies; 32 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial 33 structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and 34 right-of-way. The term "substantial structure" specifically does not include wood or metal 35 fences, sheds or tiki huts or other items not listed which are accessory structures; or 36 2. The abandonment is requested by a County department or governmental agency for a public 37 use; for purposes of this subsection public use is a public facility and/or public/private utility; 38 or 39 3. The right of way area is unusual in size or shape and after abandonment the remaining right 40 of way width will be the same on both sides of the abandonment as shown in Example 1. 41 42 The right-of-way requested is not at the terminal portion of the road. 43 44 The Proposed Abandonment meets the criteria cited above and is therefore suitable for abandonment. 45 Page 6 of 7 File 2025-199 1 111. STAFF RECOMMENDATION 2 3 The Monroe County Planning and Environmental Resources Department's professional staff have 4 reviewed the request under Monroe County Code Section 19-1 and determined it meets the eligibility 5 criteria for the BOCC to consider abandonment of the requested portion of right-of-way. Page 7 of 7 File 2025-199 RESOLUTION^!NO. -26 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC) MEMORIALIZING THE BOCC'S APPROVAL TO RENOUNCE, DISCLAIM, AND ABANDON ANY AND ALL RIGHT OF MONROE COUNTY AND THE PUBLIC TO A PORTION OF THAT CERTAIN RIGHT-OF-WAY LOCATED ON A PORTION OF AN UNNAMED 15 FOOT WIDE ALLEY RIGHT-OF-WAY SITUATED WITHIN THE PAMELA VILLA PLAT, AS RECORDED IN PLAT BOOK 3, PAGE 125, OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA, WHICH IS BOUNDED ON THE WEST BY LOT 13, BLOCK 5, BOUNDED ON THE SOUTH BY UNNAMED ALLEY WAY,BOUNDED ON THE EAST BY LOTS 11 AND 17, BLOCK 5, AND BOUNDED ON THE NORTH BY LOT 12, BLOCK 5, MONROE COUNTY, FLORIDA.' WHEREAS, Javier Trucking Inc. (the "Applicant"), has solicited for the Monroe County Board of County Commissioners (`BOCC", "Board", "Monroe County", or the "County") to voluntarily abandon a portion of public right-of-way located on a portion of an unnamed alley right-of-way situated within the Pamela Villa plat, as recorded in Plat Book 3, Page 125, Official Records of Monroe County, Florida, situated as more particularly described below, which is bounded on the west by Lot 13, Block 5, bounded on the south by unnamed alley way, bounded on the east Lots 11 and 17, Block 5, and bounded on the north by Lot 12, Block 5; and WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336 it is necessary to hold a public hearing of the Monroe County Board of County Commissioners to publicly consider renouncing all of its rights and all of the public's rights to the instant Monroe County right-of-way after publishing due notice of said hearing in accordance with said Chapter; and WHEREAS, due notice has been published and a public hearing has been held in accordance with Florida Statutes Chapter 336; and WHEREAS, at said public hearing, the BOCC has considered this request from the Applicant soliciting for the BOCC to renounce, disclaim, and abandon all of the public's and BOCC's rights in and to the hereinafter described public right-of-way as delineated on the hereafter described legal description,plan, or map; Monroe County Planning and Environmental Resources Department File No.2025-199. 1 of 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Recitals and Legislative Intent. The foregoing findings and conclusions are true and correct and are hereby incorporated as if fully set forth herein. Section 2. The Monroe County BOCC hereby abandons any and all of the public's and BOCC's rights in and to the hereinafter described public right-of-way as delineated on the hereafter described legal description,plan, or map, to-wit: THE PUBLIC RIGHT OF WAYDESCRIBED AS FOLLOWS AND SHOWNIN EXHIBIT"A". Legal Description: That portion of a 15 foot wide alley adjacent and contiguous to the Southerly liine of Lots 11„ 13 & the Northeasterly 1112 of Lot; 114 and Lot 117, Block 5, of: "PAMELA VILLA", according to the Plat Thereof as IFecorded iin Plat Book 3, Page 1125, of the IPublic Records of Monroe County, Florida and being more particularly described as follows: Begin at the Southeasterly corner of said Lot 113, Block 5, thence ruin B37"26`00"W along the Southerly line, of sand Lot 113 and the Northeastedyr V2 of Lot 14„ for a distance of 64.36 feet; thence run S52"34"60"E for a diistaince of 7.56 feet to a point on the centerline of said 15 foot wide alley on a Southeasterly projection of the Southwesterly lime of said INortheasterlly 112 of Lot 14; thence irun N37"26"06"E along sand centerlline, for a distance of 84.00 feet; thence ruin N52"34'00"W for a distance of 7.56 feet to the Poirot of Beginnings. Containing 636 square feet. AND; That portion of a 15 foot wr de alley adjacent and contiguous to the Southerly line, of Lots 11" 13 & the Northeasterly 11/2 of Lot 114 and Lot 117" Block 5, of: "'PAMELA VILLA", according to the Plat Thereof as IFRecorded !in (Plat Book 3„ (Page 112,5, of the Public Records of Monroe County, Florida and being more particularly described as follows: Commence at the Southeasterly corner of said Lot 13„ Block 5, thence run 52'34"60"E -for a distance of 7.55 feet to a point on the centerline of said 115 foot wide alley end the Poirot of Beginning of the parcel Ihereinafter described; thence continue B52"34'06"E for a distance of 7.5.6 feet on a Southeasterly projection, of the (Northeasterly (line of said Lot 113 to a point on the Westerly lime of said Lot 111; thence run B37"26'60"W along said Nesterly lime of said Lot 111 and 17 for a distance of 71.35 feet, thence ruin N52"34"00"` -far a distance of 7.50 feet to a point on the centerline of said 115 foot pride alllleyr, thence run N37"26"30"E allong sand centerlline, for,a distance of 71.35 feet to the Poirot of Beginning. all lyiing and being iin Moncre County Florida Sec. 22 Township 61 S. Flange 39 E, Containing 535.33 square feet. AND 2 of 4 That portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11, 13&the Northeasterly 1/2 of Lot 14 and Lot 17,Block 5,of:"PAMELA VILLA",according to the Plat Thereof as Recorded in Plat Book 3,Page 125,of the Public Records of Monroe County, Florida and being more particularly described as follows:Commence at the Southeasterly corner of said Lot 13, Block 5,thence run S52'34'00"E for a distance of 15.0 feet to a point on the NWesterly line of Lot 11,thence run S37"26'00"W for a distance of 71.85 to the(P.O.B)Point of Beginning of the parcel hereinafter described;thence continue S37°26'00"W for a distance of 12.15 feet along the NWly line of Lot 17 to a point, thence N52"34'00"W for a distance of 7.50 feet,thence N37°26'00"E along the centerline of said decribed ally way for a distance of 12.15 feet,thence run S52"34'00"E for a distance of 7.50 feet to P.O.B. all lying and being in Monore County Florida Sec.22 Township 61 S. Range 39 E, Containing 91.13 square feet. Section 3. The Monroe County Planning and Environmental Resources Department professional staff report dated May 1, 2026 accompanying this agenda item prepared by Cheryl Cioffari, A.LC.P.,t, Senior Administrator of Planning and Policy,and through Senior Director of Planning&Environmental Resources Devin Tolpin, C.F.M.,2 is hereby incorporated as if fully stated herein and its analysis and determinations of fact and law to the extent not plainly inconsistent with this Resolution are hereby accepted and adopted as if fully stated herein. Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or ambiguities, within this Resolution or between this Resolution and the Monroe County Code of Ordinances, Florida Building Code, Monroe County Land Development Code, Monroe County Comprehensive Plan, or any other approval of the Monroe County Board of County Commissioners, Monroe County Planning Commission, Monroe County Development Review Committee, Monroe County Planning&Environmental Resources Department, or other department or office of Monroe County, the more restrictive rule,regulation, law,provision, and text shall always apply. Section 5. Subject to Section 4. above, the interpretation of this Resolution and all provisions of the Monroe County Comprehensive Plan, Florida Building Code, Monroe County Codes, Florida Statutes, and floodplain management regulations whose interpretation arise out of, relate to, or are interpreted in connection with this Resolution, shall be liberally construed and enforced in favor of Monroe County, and such interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on appeal. Section 6. This Resolution neither ratifies nor approves, nor shall be interpreted as ratifying or approving, any violation or violations of the Monroe County Code of Ordinances, Monroe County Land Development Code, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law,rule, or regulation, whether Federal or of the State or of Monroe County, and shall not be construed as ratifying or approving of any such violation of law(s), rule(s), or regulation(s). Section 7. Approval of this Resolution shall not estop or waive, nor shall be construed as estopping or waiving, Monroe County's right to enforce, seek enforcement of, and require compliance with the Monroe County Codes, Monroe County Comprehensive Plan, floodplain management regulations, Florida Building Code, Florida Statutes, Florida Administrative Code, or any other law, rule, or regulation, whether at law or in equity. 3 of 4 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or liability. Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any portion of this Resolution, or any part or portion thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof, shall neither limit nor impair the operation, enforceability, or validity of any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect. PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a regular public meeting of the BOCC held on this 10`" day of June, 2026. Mayor Michelle Lincoln, District 2 Mayor Pro Tem David Rice, District 4 Commissioner Craig Cates, District 1 Commissioner James K. Scholl, District 3 Commissioner Holly Merrill Raschein, District 5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA MAYOR MICHELLE LINCOLN (SEAL) MONAOE COUNTY ATTORNEY ATTEST: KEVIN MADOK, CLERK AP,' �E Date: , AS DEPUTY CLERK 4 of 4 Exhibit A to Resolution Renouncing ROW LOT 11, BLOCK 2 LOT 12, r BLOCK 2 " PAMELA VILLA +� 100.. PLAT 3 PG.125 0' MONROE COUNTY FL. ..,✓' � .,' LOT 13, 0 ;'" ^� P - BLOCK 2 ✓ 126.19' 410 00, LOT 12, .._ .., ..... ' Q, BLOCK 5 14.32' 50' 50, LOT 13, " ?. ,A� d° BLOCK 5 P.O.B of L t u era ?V �,' s2 ewacs�y $ 0 ,�� LOT 11, a LOT 10, LOT 9, R Ale "I `/°"�` BLOCK'5 BLOCK 5 BLOCK 5 PAMELA VILLA PLAT 3 PG.125 BLACK 5":' pry " MONROE COUNTY FL. LOT 15, BLOCK 52,E m\ . 5° `O nor o 12 000, LOT 19, LOT 20, d LOT 18, BLOCK 5 BLOCK 5 LOT 17, BLOCK 5 LOT 16, v BLOCK 5 BLOCK 5 410 �lg10, 127.54' 50' 50' MAHOGANY DRIVE LEGAL DESCRIPTION: That portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11,13&the Northeasterly 1/2 of Lot 14 and Lot 17,Block 5,of:"PAMELA VILLA", according to the Plat Thereof as Recorded in Plat Book 3,Page 125,of the Public Records of Monroe County,Florida and being more particularly described as follows: Begin at the Southeasterly corner of said Lot 13,Block 5,thence run S37°26'00"W along the Southerly line of said Lot 13 and the Northeasterly 1/2 of Lot 14,for a distance of 84.00 feet;thence run S52°34'00"E for a distance of 7.50 feet to a point on the centerline of said 15 foot wide alley on a Southeasterly projection of the Southwesterly line of said Northeasterly 1/2 of Lot 14;thence run N37°26'00"E along said centerline, for a distance of 84.00 feet;thence run N52°34'00"W for a distance of 7.50 feet to the Point of Beginning. Containing 630 square feet. AFA & SURVEY NOTES: 1.The sketch hereon represents a boundary survey of a parcel(s)of land with existing aboveground improvements located,and spot elevations. Company, Inc. 2.Elevations are shown thus:X N/A and refer to mean sea level,1929 adjustment(NGVD),and have a prime reference N/A. 0 3.No underground utilities or structures were located by this survey. BLOCK 2 LOT 12, BLOCK 2 PAMELA VILLA r +' PLAT 3 PG.125 MONROE COUNTY FL. ✓ "" ""`,. /�i� LOT 13, " BLOCK 2 126.19' OF �� �,_ LIME DRIVE +' ��L LOT 12, ° BLOCK 5 O 14.32' 50' 50' LOT 13, 2C\ BLOCK 5 `3`° „``$ F 3' d S LOT 10, BLOCK 5 LOT 9, BLOOCK 5 BLOCK 5 �8 d` A6 R� v �o _°° •'o IP PAMELA VILLA LOT 14, PLAT 3 PG.125 �Ow• BLOCK 5 / °^ti °� MONROE COUNTY FL. � 1M1 ei „ ^,Ji LOT 15, ,,,.,�,,, �� °off BLOCK 5 LHE IF LOT 18, LOT 19, LOT 20, BLOCK 5 BLOCK 5 BLOCK 5 17, LOT 16, v� LOT BLOCK 5 BLOCKK 5 y0�9+y 127.54' 50' 50' � MAHOGANY DRIVE LEGAL DESCRIPTION: That portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11,13&the Northeasterly 1/2 of Lot 14 and Lot 17,Block 5,of:"PAMELA VILLA", according to the Plat Thereof as Recorded in Plat Book 3,Page 125,of the Public Records of Monroe County,Florida and being more particularly described as follows: Commence at the Southeasterly corner of said Lot 13,Block 5,thence run S52°34'00"E for a distance of 7.50 feet to a point on the centerline of said 15 foot wide alley and the Point of Beginning of the parcel hereinafter described;thence continue S52°34'00"E for a distance of 7.50 feet on a Southeasterly projection of the Northeasterly line of said Lot 13 to a point on the Westerly line of said Lot 11;thence run S37°26'00"W along said NWesterly line of said Lot 11 and 17 for a distance of 71.85 feet;thence run N52°34'00"W for a distance of 7.50 feet to a point on the centerline of said 15 foot wide alley, thence run N37°26'00"E along said centerline,for a distance of 71.85 feet to the Point of Beginning. all lying and being in Monore County Florida Sec.22 Township 61 S.Range 39 E, Containing 538.88 square feet. AFA & SURVEY NOTES: 1.The sketch hereon represents a boundary survey of a parcel(s)of land with existing aboveground improvements located,and spot elevations. Company, Inc. 2.Elevations are shown thus:X N/A and refer to mean sea level,1929 adjustment(NGVD),and have a prime reference N/A. 0 3.No underground utilities or structures were located by this survey. LOT 11, BLOCK 2 , LOT 12, BLOCK 2 s s . ' 410 PAMELA VILLA .00, PLAT 3 PG.125 MONROE COUNTY FL. LOT 13, BLOCK 126.19' t 0 ea a 00, LIME DRIVE _ .... LOT 12, a BLOCK 5 00,v, 14.32' 50' so, �9 LOT 13, BLOCK 5 „ Say.P.O.C. t L t LOT 10, LOT 9, �h/ BLOCK 5 BLOCK 5 p° f �h 0 LOT fl, O^Via. f' fr BLOCK 5 PAMELA VILLA f!`s� nor„ PLAT 3 PG.125 'db LOT 14 d0 ryry� lam-' MONROE COUNTY FL. � r ry BLOCK"5 rsszy LOT 15, BLOCK 5 °tis2��s �C' P.O.B. oO� LOT 20, r?d 9 LOT 1a, LOT 19, BLOCK 5 00, 00 LOT 17, BLOCK 5 h0 � BLOCK 5 BLOCK 5 LOT 76, v� BLOCK 5 Qv Opb a 2 QpO, 00 y/ q� 127.54' 50' 50''O��y -9 MAHOGANY DRIVE LEGAL DESCRIPTION: That portion of a 15 foot wide alley adjacent and contiguous to the Southerly line of Lots 11, 13&the Northeasterly 1/2 of Lot 14 and Lot 17, Block 5, of: "PAMELA VILLA", according to the Plat Thereof as Recorded in Plat Book 3, Page 125, of the Public Records of Monroe County, Florida and being more particularly described as follows:Commence at the Southeasterly corner of said Lot 13, Block 5, thence run S52°34'00"E for a distance of 15.0 feet to a point on the Westerly line of Lot 11, thence run S37°26'00"W for a distance of 71.85 to the(P.O.B) Point of Beginning of the parcel hereinafter described; thence continue S37°26'00"W for a distance of 12.15 feet along the NWly line of Lot 17 to a point, thence N52°34'00"W for a distance of 7.50 feet, thence N37°26'00"E along the centerline of said decribed ally way for a distance of 12.15 feet, thence run S52°34'00"E for a distance of 7.50 feet to P.O.B. all lying and being in Monore County Florida Sec. 22 Township 61 S. Range 39 E, Containing 91.13 square feet. AFA SURVEY NOTES: 1.The sketch hereon represents a boundary survey of a parcels)of land with existing aboveground improvements located,and spot elevations. Company, Inc. 2.Elevations are shown thus:X N/A and refer to mean sea level,1929 adjustment(NGVD),and have a prime reference N/A. 0 3.No underground utilities or structures were located by this survey.