Resolution 163-2004
RESOLUTION NO. 163 - 2004
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA CONCURRING WITH THE
SALE OF SURPLUS FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT-OF-WAY ADJACENT TO U.S. 1
AT MILE MARKER 27.1, BA YSIDE.
WHEREAS, the Monroe County Board of Commissioners has passed Resolution 565-
1999 on November 10, 1999 establishing the policy of Monroe County to request that the Florida
Department of Transportation (FDOT) deny any requests to surplus properties adjacent to U.S. 1
until the Board of Commissioners has taken action on the Overseas Heritage Trail and
Stormwater Master Plan; and
WHEREAS, the Florida Department of Transportation has determined that the sale or
lease of excess lands is prudent in order to reduce the liability and maintenance costs for FDOT;
and
WHEREAS, Larry Gardner, the current owner of Boondocks has requested to purchase a
50' X 386' portion of the U.S. 1 Right-of-Way at approximately Mile Marker 27.1 Bayside,
adjacent to Boondocks Restaurant; and
WHEREAS, the sale of 50' of right-of-way would leave 50' of right-of-way from the
centerline of the road which is consistent with the right-of-way width west of Coral Avenue in
Ramrod Key; and
WHEREAS, the Planning and Environmental Resources staff recommends that a
minimum of 25' from the existing pavement (road shoulder) be preserved for future public uses
such as, but not limited to: bicycle/pedestrian paths, stormwater treatment, and sewer lines;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the County concurs with the sale
of available Florida Department of Transportation right-of-way adjacent to Mile Marker 27.1,
Bayside, subject to FDOT maintaining a minimum of 25' from the existing pavement for future
public uses.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 21 5t day of April, 2004.
Mayor Murray E. Nelson
Mayor Pro Tern David P. Rice
Commissioner Dixie Spehar
Commissioner George Neugent
Commissioner Charles "Sonny" McCoy
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