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Resolution 364-1993Ron & Patricia Greeley and John & Susan Divine, Petitioners RESOLUTION NO. 364 -1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF THE RIGHT-OF-WAY OF EAST DRIVE (A/K/A 70TH STREET), ADJACENT AND CONTIGUOUS TO LOTS 19, 20 AND 21, ROOSEVELT POINT PLAT NO. 1, VACA KEY, MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirements of Florida Statutes §336.09 and §336.10. now. therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: That portion of the right-of-way of East Drive (a/k/a 70th Street), adjacent and contiguous to Lots 19, 20 and 21, Roosevelt Point Plat No. 1, Vaca Key, according to the plat thereof, as recorded in Plat Book 5, Page 5 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the platted permanent reference monument at the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1; thence North 37°36'30" West, a distance of 68.38 feet to the beginning of a curve, concave to the East, having a radius of 25.00 feet, a chord bearing of North 20°03'36" West and from which a radial line bears North 52°23'30" East; thence Northerly along the arc of said curve, subtending a central angle of 35°05'48", a distance of 15.31 feet a point of reverse curvature, concave to the West, having a radius of 30.00 feet, a chord bearing of North 20°03'36" West and from which a radial line bears South 87029'18" West; thence Northerly along the arc of said curve, subtending a central angle of 35°05'48", a distance of 18.38 feet to the Point of Beginning of the hereinafter described right-of-way to be abandoned; thence continue Northerly along the arc of said curve, subtending a central angle of 38°30'03" and having a chord bearing of North 56°51'31 West, a distance of 20.16 feet to a point of reverse curvature, concave to the Northeast, having a radius of 25.00 feet, a chord bearing of North 46°06'31" West and from which a radial line bears North 13053127" East; thence Northerly along the arc of said curve, subtending a central angle of 54000'03", a distance of 23.56 feet to the point of tangency; thence North 22°06'30" West, distance of 55.14 feet; thence South 67°53'30"West, a distance of 20.00 feet; thence South 22006'30" East, a distance of 59.56 feet to the beginning of a curve, concave to the Northwest, having a radius of 25.00 feet, a chord bearing of South 01°16'33" West and from which a radial line bears South 67053'30" West; thence Southerly along the arc of said curve, subtending a central angle of 46046'05", a distance of 20.41 feet to a point of reverse curvature, concave to the East, having a radius of 30.00 feet, a chord bearing of South 00011'39" West and from which a radial line bears South 65020125" East; thence Southerly along the arc of said curve, subtending a central angle of 48°55'52", a distance of 25.62 feet; thence North 65°43'43" East, departing said curve, a distance of 30.00 feet; thence North 52°23'30" East, a distance of 30.00 feet back to the Point of Beginning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 28th day of September V A.D. 1993. Mayor London Yes Mayor Pro Tem Cheal Yes Commissioner Freeman Yes Commissioner Harvey Yes Commissioner Reich Yes (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA formsroadi J,JF�'�&ayor Chairman APPROVSD A^ T'� f"71f s^ ^ !'£'GAL 4 NOTICE OF ADOPTION OF RESOLUTION RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY OF MONROE AND THE PUBLIC IN AND TO CERTAIN STREETS, AS DELINEATED ON A CERTAIN RECORDED PLAT. NOTICE IS HEREBY GIVEN, pursuant to Chapter 336, Florida Sts,tutes , that the Board of County Commissioners of Monroe County Florida, at a meeting on September 28, 1993 , duly adopted Rolution No. 364-1993 renouncing and disclaiming any right of e County and the public in and to a portion of the right-of-way of East Drive (a/k/a 70th Street) , adjacent and cotiguous to Lots 19 , 20 and 21 , Roosevelt Point Plat No. 1 , Vaca Key, Monroe County, Florida, further described as follows , to-wit : That portion of the right-of-way of East Drive (a/k/a 70th Street) , adjacent and contiguous to Lots 19 , 20 and 21 , Roosevelt Point Plat No. 1 , Vaca Key, according to the plat thereof, as recorded in Plat Book 5 , Page 5 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows : Commencing at the platted permanent reference monument at the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1 ; thence North 37°36 ' 30" West, a distance of 68. 38 feet to the beginning of a curve, concave to the East, having a radius of 25 . 00 feet, a chord bearing of North 20°03 ' 36" West and from which a radial line bears North 52°23 ' 30" East; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48" , a distance of 15.31 feet a point of reverse curvature, concave to the West, having a radius of 30 .00 feet, a chord bearing of North 20°03 ' 36" West and from which a radial line bears South 87°29 ' 18" West; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48", a distance of 18. 38 feet to the Point of Beginning of the hereinafter described right-of-way to be abandoned; thence continue Northerly along the arc of said curve, subtending a central angle of 38°30 ' 03" and having a chord bearing of North 56°51 ' 31" West, a distance of 20. 16 feet to a point of reverse curvature, concave to the Northeast, having a radius of 25 .00 feet, a chord bearing of North 46°06 ' 31" West and from which a radial line bears North 13°53 ' 27" East; thence Northerly along the arc of said curve, subtending a central angle of 54°00 ' 03" , a distance of 23. 56 feet to the point of tangency; thence North 22°06 ' 30" West, distance of 4 411/V'/ IMr UMWMJ 55. 14 feet; thence South 67°53 ' 30" West, a distance of 20. 00 feet; thence South 22°06 ' 30" East, a distance of 59. 56 feet to the beginning of a curve, concave to the Northwest, having a radius of 25.00 feet, a chord bearing of South O1°16' 33" West and from which a radial line bears South 67°53 ' 30" West ; thence Southerly along the arc of said curve, subtending a central angle of 46°46 ' 05" , a distance of 20 . 41 feet to a point of reverse curvature, concave to the East, having a radius of 30. 00 feet, a chord bearing of South 00°11 ' 39" West and from which a radial line bears South 65°20 ' 25" East; thence Southerly along the arc of said curve, subtending a central angle of 48°55 ' 52", a distance of 25. 62 feet ; thence North 65°43 ' 43" East, departing said curve, a distance of 30 . 00 feet ; thence North 52°23 ' 30" East, a distance of 30 . 00 feet back to the Point of Beginning. DATED at Key West, Florida, this 8th day of October, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) • PROOF OF PUBLICATION err • • THE FLORIDA KEYS KEYNOTER Published Twice Weekly MARATHON, MONROE COUNTY, FLORIDA STATE OF FLORIDA ) o (—I r COUNTY OF MONROE ) IN.) CA Before the undersigned authority personally appeared MARY LOU SOLLBERGER who on oath, sayc"that she is (-C FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at 4ARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a NOTICE OF ADOPTION OF RESOLUTION RENOUNCING... IN THE MATTER OF RESOLUTION NO. 364-1993 no.8536100 NOTICE OF ADOPTION OF RESOwas published in said newspaper in the issues of October 13, 1993 AND DDISCLAAIiMNGANYRIc T OF THE COUNTY OF MONROE AND THE PUBLIC IN AND TO CERTAIN STREETS,AS DELINEATED ON A CERTAIN RECORDED PLAT. Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper NOTICE IS HEREBY GIVEN,pur- suant to Chapter 336. Florida at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said news- Statutes,that the Board ofCoun- ty Commissioners of Monroe County Florida et a meetingSep- paper has heretofore been continuously published in said MONROE COUN- t Rfiber 28,olution N993,duly o. adopted re- nouncing and disclaiming any TY, FLORIDA, twice each week (on Wednesday and Saturday) and has been right of the County and the public in and to a portion of the right-of- way of East Drive (a/k/a 70th entered as second class mail matter at the post office in MARATHON, in Sreet), adjacent end contiguous to Lots 19,20 end 21,Roosevelt Mon- said MONROE COUNTY, FLORIDA,for a period of one year next preceding Point Plat No.Florida,, ,M� scribed asfolows,to-wit; iitt; the first publication of the attached copy of advertisement; and affiant fur- mat portion of the right-of-way of East Drive(e/k/a 70th Street). adjacent and contiguous to Lots ther says that he has neither paid nor promised any person, firm, or corpo- 1S, 20 and 21,Roosevelt Point Plat No 1,Vaca Kay,accordingto ration any discount, rebate, commission or refund for the purpose of secur- Plat aothereof, 5of�the ic Records of Monroe County,Fkri- ing this advertisement for publication in the said newspaper.(SEAL) da, and being more particularly described by metes and bounds es follows: Commencing at the platted per- manent reference monument at the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1;thence North 37 de- 4 pprroas 36'30"West,a distance of 68.38 feet to the beginning of e ..* ,,,, curve,concave to the East,Mr ing a radius of 25.00 feet,s chord bearing of Nosh 20 degrees 03'36 West end from which a radial line beers North 52 7 23'30" East; thence Nort .� along the rc of said curve,sub- tending acentral4 ", angle of ce de- grees 05 4H', a distance of 15.31 feet a point of reverse cur- vature, concave to the West, having a radius of 30.00 feet,a chord bearing of No Westrth 20 de- grees 03'36end from which a radial line bears South 87 degrees 29' 18" West; thence Northerly along the arc of said SWORN TO A D SUBSCRIBED BEFO E ME THIS 22ND DAY OF OCTOBER A.D. 1993 curve,subtending a central angle of 35 degrees 05 48",a distance of 18.38 feet to the Point of Be- ginning of the hereinafter de- scribed rightof-way to be aban- doned;thence continue Northerly along the arc of said curve,sub- tending a central angle of 38 de- Pr ees 30'03"end having a chord bearing of North 56 degrees 51'31 West, a distance of i 20.16 feet to a point of reverse curvature,concave to the North- east, a radius of 25.00 feet,a chord bearing of North 46 JON-ERIC EATON which degrees radial tine bears and 13 degrees 53'27' East; thence My Comm Exp. 5/27/97 Northerly along the arc of said curve,subtending a central angle NOTARY of 54 degrees 00 03",a distance PUBLIC a Bonded By Service Ins gogfe 23y..56 feete North 22 degreeses • / (1(}�} O6"30"' West, a distance of wit' 04 No. 1 C29VVU7 56.14 feet;thence South 67 de- I OF f‘' press 63'30"West,a distance of 20.00 feet;thence South 22 de- grees 06'30"East,a distance of 59.56 feet to the beginning of e NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commis- sioners of Monroe County, Florida, will hold a public hearing on Tuesday, September 28 , 1993 , at 3 : 00 P.M. at the Key Largo Library, Key Largo, Monroe County, Florida, for the purpose of determining whether or not the following road shall be abandoned: That portion of the right-of-way of East Drive (a/k/a 70th Street) , adjacent and contiguous to Lots 19 , 20 and 21 , Roosevelt Point Plat No. 1 , Vaca Key, according to the plat thereof, as recorded in Plat Book 5 , Page 5 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows : Commencing at the platted permanent reference monument at the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1 ; thence North 37°36 ' 30" West, a distance of 68 . 38 feet to the beginning of a curve, concave to the East, having a radius of 25 . 00 feet , a chord bearing of North 20°03 ' 36" West and from which a radial line bears North 52°23' 30" East ; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48" , a distance of 15 . 31 feet a point of reverse curvature, concave to the West, having a radius of 30 . 00 feet , a chord bearing of North 20°03 ' 36" West and from which a radial line bears South 87°29 ' 18" West ; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48" , a distance of 18 .38 feet to the Point of Beginning of the hereinafter described right-of-way to be abandoned; thence continue Northerly along the arc of said curve, subtending a central angle of 38°30 ' 03" and having a chord bearing of North 56°51 ' 31" West, a distance of 20 . 16 feet to a point of reverse curvature, concave to the Northeast, having a radius of 25 . 00 feet, a chord bearing of North 46°06 ' 31" West and from which a radial line bears North 13°53 ' 27" East ; thence Northerly along the arc of said curve, subtending a central angle of 54°00 ' 03" , a distance of 23 . 56 feet to the point of tangency; thence North 22°06 ' 30" West distance of 55 . 14 feet ; thence South 67°53' 30" WesWC44distance of 20 . 00 feet; thence South 22°06' 30" Eas4a distance of 59 . 56 feet to the beginning of a curve, concave to the Northwest , having a radius of 25 . 00 feet, a chord bearing of South 01°16 ' 33" Weg zridt.fT 1n \Mich a radial line bears South 67°53 ' 30" West ; thence Southerly along the arc of said curve , subtending a central angle of 46°46 ' 05" , a distance of 2.64141=i-ofei4t a dL1a point of reverse curvature, concave to the East, having a radius • x • Immo .....J of 30.00 feet, a chord bearing of South 00°11 ' 39" West and from which a radial line bears South 65°20 ' 25" East; thence Southerly along the arc of said curve, subtending a central angle of 48°55 ' 52" , a distance of 25.62 feet; thence North 65°43 ' 43" East, departing said curve, a distance of 30 . 00 feet; thence North 52°23 ' 30" East, a distance of 30 .00 feet back to the Point of Beginning. Pursuant to Section 286. 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings , he will need a record of the proceedings , and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 31st day of August, 1993. DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) • bumr �■n�l NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commis- sioners of Monroe County, Florida, will hold a public hearing on Tuesday, September 28 , 1993, at 3 :00 P.M. at the Key Largo Library, Key Largo, Monroe County, Florida, for the purpose of determining whether or not the following road shall be abandoned: That portion of the right-of-way of East Drive (a/k/a 70th Street) , adjacent and contiguous to Lots 19, 20 and 21 , Roosevelt Point Plat No. 1 , Vaca Key, according to the plat thereof, as recorded in Plat Book 5 , Page 5 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows : Commencing at the platted permanent reference monument at the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1 ; thence North 37°36' 30" West, a distance of 68. 38 feet to the beginning of a curve, concave to the East, having a radius of 25 .00 feet, a chord bearing of North 20°03 ' 36" West and from which a radial line bears North 52°23' 30" East; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48" , a distance of 15 . 31 feet a point of reverse curvature, concave to the West, having a radius of 30 .00 feet , a chord bearing of North 20°03 ' 36" West and from which a radial line bears South 87°29 ' 18" West; thence Northerly along the arc of said curve, subtending a central angle of 35°05 ' 48" , a distance of 18 .38 feet to the Point of Beginning of the hereinafter described right-of-way to be abandoned; thence continue Northerly along the arc of said curve, subtending a central angle of 38°30 ' 03" and having a chord bearing of North 56°51 ' 31" West, a distance of 20 . 16 feet to a point of reverse curvature, concave to the Northeast, having a radius of 25 .00 feet , a chord bearing of North 46°06 ' 31" West and from which a radial line bears North 13°53 ' 27" East; thence Northerly along the arc of said curve, subtending a central angle of 54°00 ' 03" , a distance of 23. 56 feet to the point of tangency;; thence North 22°06 ' 30" West , distance of 55 . 14 feet ; 'theficemS iih 67°53 ' 30" West, a distance of 20 . 00 feet ; thence' outh 22°06' 30" East, a distance of 59 . 56 feet to the beginning of a curve, concave to the Northwest, having a radius of 25 . 00 feet , a chord bearing Z# : gigot °1 33" West and from which a radial line bears South 67°530" West ; thence Southerly along the arc of said curve, subtending a central angle of 46°46 ' 05" l?sad stia_ of 20. 41 feet to a point of reverse curvature, concave to the East, having a radius • of 30 .00 feet, a chord bearing of South 00°11 ' 39" West and from which a radial line bears South 65°20 ' 25" East; thence Southerly along the arc of said curve, subtending a central angle of 48°55 ' 52" , a distance of 25 . 62 feet ; thence North 65°43 ' 43" East, departing said curve , a distance of 30 . 00 feet ; thence North 52°23 ' 30" East, a distance of 30 . 00 feet back to the Point of Beginning. Pursuant to Section 286. 0105 , Florida Statutes , notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings , he will need a record of the proceedings , and that , for such purpose, he may need to ensure that a verbatim record of the proceedings is made , which record includes the testimony and evidence upon which the appeal is to be based. DATED at Key West, Florida, this 31st day of August , 1993 . DANNY L. KOLHAGE Clerk of the Circuit Court of Monroe County, Florida and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) • PROOF OF PUBLICATION 11111mr imm1111 THE FLORIDA KEYS KEYNOTER Published Twice 'Weekly �' - MARATHON, MONROE CcN1 n ¶ISO pirl, JETSTATE OF FLORIDA ) COUNTY OF MONROE) 1_h L j MONROE ('mUN f'. .I Before the undersigned authority personally appeared EDWARD J. LEDUC who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA; that the attached copy of advertisement, being a NOTICE OF PUBIC HEARING no.0453800 IN THE MATTER OF Tuesday, September 28, 1993 • PUBIC'HEAORING Notice is hereby given that the Board of County Commissioners was published in said newspaper in the issues of September 4 1993 of Monroe County, Florida, will p hold a public hearing on Tuesday, Se tember 28, 1993, at 3:00 P.M.-at the Key Largo Library, Key Largo,Monroe County,Flori- da,for the purpose of determin- Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at ing whether or not the following road shall be abandoned: MARATHON, in said MONROE COUNTY, FLORIDA, and that the said newspaper of Easttportion Drive of the rightStreet), a adjacent and contiguous to Lots has heretofore been continuously published in said MONROE COUNTY, FLORIDA, 19, 20 and 21,Roosevelt Point Plat No 1,Vaca Key,according to the plat thereof, as recorded in twice each week (on Wednesday and Saturday) and has been entered as second Plat Book 5,Page 6 of the Public Records of Monroe County,Flori- class mail matter at the post office in MARATHON, in said MONROE COUNTY, described bybeing metes sand bounds as follows: FLORIDA,for a period of one year next preceding the first publication of the Commencing at the platted per- manent reference monument at attached copy of advertisement; and affiant further says that he has neither paid the Southwesterly corner of Lot 18 of said Plat of Roosevelt Point Plat No. 1;thence North 37 de- nor promised any person, firm, or corporation any discount, rebate, commission grees36'3O"West,a distance of 68.38 feet to the beginning of a curve,concave to the East,hay- or refund for the purpose of securing this advertisement for publication in the ingaradius of 25.00 feet,a chord bearing of North 20 degrees said newspaper.(SEAL) 03'36 West and from which a radial line bears North 52 degrees 23'30" East; thence Northerly along the arc of said curve,sub- tending a central angle of 35 de- grees 05'48' a distance of 15.31 feet a point of reverse cur- vature, concave to the West, hearing a radius of 30.00 f0et,- grees bearin03'36' of North 20 oe- whic 03'36' West and from '',', which a radial lin18 bWrst; the 87degrees 29' 18" Weat; thenceNortherly along the arc of said of 35 e r e s 05 a central angle of 36 de roes 05 48 a distance of 18.38 feet to the Point of Be- ` ginning of the hereinafter de- / 40,10 scribed ght-of-way to be aban- ; . doned;thence continue Northerly along the arc of said curve,sub- '�'~lei �� tending a central angle of 38 de- �' .,.,r,_ grees 3O'03"and having a chord V� bearing of North 56 degrees 51'31 West, a distance of 20.16 feet to a point of reverse curvature,concave to the North- east, having a radius of 25.00 feet,a chord bearing of North 46 degrees 06'31" West and from which a radial line bears North 13 degrees 53"27'" East; thence Northerly along the arc of said curve,subtending a central angle of 54 degrees 00 03",a distance of 23.56 feet to the point often- thence North 2 degrees OB'30" West, a distance of 7 55.14 feet;thence South 67 de- SWORN TO AND SUBSCRIBED BEFORE ME THIS de- grees et;th0"e West, de- grees 06'30""East,a distance of 69.56 feet to the beginning of a curve,concave to the Northwest, having a radius of 25.00 feet, a DAY F a,,, A.D. 19 X� chord bearing of South 01 de- grees 16'33' West and from which ar radial line bears South d /i — -- — degrees 5 West; thence • Southerly 46 g along the arc is said le/..---- ,subtending a central angle of degrees 46 05 a distance of 20.4 1 feet to a point of reverse curvature, concave to the East, having a radius feet, a chord bearing of South 00 ont de- grees 1 1'39 West and from MARY LOU SOLLBERGER which a radial line bears South 65 degrees 20'25"" East; thence Southerly along the arc of said in NOTARY My Comm Exp. 8/14/96 curve,subtending a central angle PUBLIC a` Banded By Service Ins of 48 degrees; 5 e2 ,a odistance 6 of de feet' thence North degrees 43'43" East, departing �� No. CC219643 said curve a distance of 30.00 feet' thence North 52 de ees OF fl23'�30"East,a distance of 30.00 ))('PtI3orltllY Known 'lo Q ning.back to the Point Of Begin