Resolution 198-1995
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Planning Department
RESOLUTION NO. 198-1995
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COMMISSIONERS AMENDING RESOLUTION NO.
134-1995, ADOPTED ON APRIL 18, 1995,
WHICH APPROVED THE PLAT VACATION OF EN-7
CHANTED ISLAND AS DESCRIBED IN PLAT BOOK;; --
SIX, PAGE EIGHTY-NINE, KEY HAVEN, LOCATE~ ~
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IN A PART OF SECTION 25, TOWNSHIP 67~:-<-
SOUTH, RANGE 25 EAST, TALLAHASSEE MERIDI- :;X"
AN, MONROE COUNTY, FLORIDA, MILE MARKER 6..=~.
AND THE REAL ESTATE NUMBER IS 0014135. z.
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WHEREAS, Wayne Lujan is the owner of real property described
as: Lots 1-93 of Enchanted Island Subdivision; and
WHEREAS, Lots 1-93 constitute the entire platted subdivision
of Enchanted Island; and
11, 1994, Mr. Lujan applied for major
to (1) construct sixteen (16) attached
parcel and (2) to aba~o~, th~ Plf~ of
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WHEREAS, on July 7, 1994, after reviewing tesE~mony~nd gbcu-
mentary evidence, the Planning Commission, by,=,~esolm-iori~ No.
P41- 94, found that the applicant's proj ect met l;he requirements
of the Monroe County Code; and 7 ~
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WHEREAS, the Planning Commission's prelimina.ry ap~ova~ 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, on February
conditional use approval
residential units on the
Enchanted Island; 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
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WHEREAS, the Planning Commission recommends that the Board of
County Commissioners grant its approval for the plat vacation;
and
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 have adopted as our
own; and
WHEREAS, on April 18, 1995, the Board of County Commissioners
adopted Resolution No. 134-1995 authorizing the plat vacation for
the property known as Enchanted Island; and
WHEREAS, Resolution No. 134-1995 was duly recorded and the
plat vacated; and
WHEREAS, Resolution No. 134-1995
contain a typographical error in the
property in question; NOW THEREFORE,
was subsequently found to
legal description of the
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA THAT:
Resolution No. 134-1995 of the Board of County Commissioners of
Monroe County is hereby amended to read as follows:
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 described 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 Highway No. 5 for
a distance of 1200 feet to a point; thence at right an-
gles 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 Northwesterly and
at right angles to said R/W for a distance of 1350 feet
to a point; thence at right angles and 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 approximately 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.
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(ENCHANTED ISLAND PLAT VACATION - AMENDMENT OF RESOL. 134-1995)
The Clerk of the Board is hereby directed to record this resolu-
tion in the official records of Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 21st day of
June , A.D., 1995.
Mayor Freeman
Mayor Pro Tern London
Commissioner Douglass
Commissioner Harvey
Commissioner Reich
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By
ATTEST: DANNY L. KOLHAGE, CLERK
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BY
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DAl"'lli"Y L. KOLHA
Clerk Circuit Court