HomeMy WebLinkAboutResolution 134-1995
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RESOLUTION NO.
134-1995
Planning Department
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A RESOLUTION OF THE MONROE COUNTY BOARD
OF COMMISSIONERS APPROVING THE PLAT VACA-
TION OF ENCHANTED ISLAND AS DESCRIBED IN
PLAT BOOK SIX, PAGE EIGHTY-NINE, KEY
HAVEN, LOCATED IN A PART OF SECTION 25,
TOWNSHIP 67 SOUTH, RANGE 25 EAST, TALLA-
HASSEE MERIDIAN, MONROE COUNTY, FLORIDA,
MILE~ MARKER 6 AND THE REAL ESTATE NUMBER
180::014135.
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~ ~REAS~~ayne Lujan is the owner of real property described
as: ~otsc~::?3 of Enchanted Island Subdivision; and
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l.L~ Vj~ERE$,~Lots 1-93 constitute the entire platted subdivision
gt Edbbante~Island; and
WHEREAS, on February 11, 1994, Mr. Lujan applied for major
conditional use approval to (1) construct sixteen (16) attached
residential units on the parcel and (2) to abandon the plat of
Enchanted Island; and
WHEREAS, on July 7, 1994, after reviewing testimony and docu-
mentary evidence, the Planning Commission, by Resolution No.
P41-94, found that the applicant's project met the requirements
of the Monroe County Code; and
WHEREAS, the Planning Commission's preliminary approval of
the major conditional use was conditioned with the requirement
that the final approval of the conditional use be granted only
after the plat of Enchanted Island is vacated; and
WHEREAS, the Planning Department Staff has concluded that
filing and recording the second plat will not materially affect
the right of convenient access to lots previously conveyed under
the first plat; and
WHEREAS, the Planning Department
persons making the application for
simple title to the whole of that
sought to be vacated; and
Staff has concluded that the
said vacation own the fee
tract covered by the plat
WHEREAS, in accordance with Chapter 177.101, Florida Stat-
utes, on March 27, 1995, the Monroe County Tax Collector's office
has certified that there were no delinquent taxes due on the
parcels; and
WHEREAS, the Planning Commission recommends that the Board of
County Commissioners grant its approval for the plat vacation;
and
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WHEREAS, the Board of County Commissioners concurs with the
Planning Commission's recommendation to vacate the plat of En-
chanted Island based on the findings of fact stated in Planning
Commission resolution No_ P41-94, which we hereby adopt as our
own; NOW THEREFORE,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA THAT:
1) The plat of Enchanted Island as recorded in plat book 6, page
89, in the official records of Monroe County, is hereby vacated
and the parcel of land having Real Estate Number 00141135 from
hereon in shall be described as a part of Section 25, Township
67 South, Range 25 East, Monroe County, and specifically de-
scribed by metes and bounds as: Commencing at the west end of
the Boca Chica Viaduct, S.R.D. station 129 plus 66.17 run south-
westerly along the centerline of State Roadway No. 5 for a dis-
tance of 1200 feet to a point; thence at right angles and in a
northwesterly direction for a distance of 200 feet to the Point
of Beginning of the property herein after described, said point
of beginning also being on the northwesterly right-of-way line of
State Road No.5; from said point of beginning, continue in a
southwesterly direction for a distance of 1100 feet to a point;
thence at right angles and in a Southeasterly direction for a
distance of 1350 feet to aforementioned right-of-way; thence at
right angles to a northeasterly direction along the northwesterly
R/W 1100 feet back to the point of beginning. Containing approxi-
mately 34.09 acres; and
2) In accordance with Florida Statutes Chapter 177.101, the Clerk
of Monroe County shall thereupon make proper notation of the
action of the governing body upon the face of the first plat.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 18th day of
Apr i 1
, A.D., 1995.
Mayor Freeman
Mayor Pro Tern London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
yes
yes
not present
yes
yes
ATTEST: DANNY L. KOLHAGE, CLERK
.B~:~...Ld. C . ~~
'c, Of""'. ::,:DEPUTY CLERK
, ., ReCtlro,e,;111 Qffldrtl (~h,:){(Ik.
In Monroe Cn:mt1. Fh;yltia
~eCC)rd Verified , " ',,"
DANNY L. KOLRAG",
Clerk Circuit Court,
.,