Resolution 311-2005
County Attorney
RESOLUTION NO. 311 -2005
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING THE SETTLEMENT
AGREEMENT AS EXECUTED ON JULY 26, 2005 BY BOTH PARTIES,
MARK FRALEIGH AND MONROE COUNTY BOCC.
WHEREAS, Monroe County initiated litigation against Mark Fraleigh to force the
removal of structures that encroach on the County's Right of Way on Card Sound Road; and
WHEREAS, Circuit Judge Luis Garcia of the 16th Judicial Circuit referred this matter to
mediation; and
WHEREAS, mediation was held on July 26, 2005 before former Judge David Kirwin;
and
WHEREAS, the mediation produced a tentative settlement agreement, a copy of which
is attached hereto and incorporated by reference herein; and
WHEREAS, this Agreement is contingent upon the approval of the Monroe County
Board of County Commissioners; and
WHEREAS, in order to resolve the issues which led to the matter of Monroe County v.
Mark Fraleigh, CA P 03-647 and buy peace in said matter; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. That the Board of County Commissioners of Monroe County, Florida hereby
adopts and approves the attached settlement agreement dated July 26, 2005.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 17th day of August, 2005.
Mayor Spehar Yes
Mayor Pro Tern McCoy Yes
Commissioner Nelson Yes
/:~~missioner Neugent Yes
/.{!!S~C{?~ioner Rice Yes
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<<1;',' i~S~~j;\~\~'.)~~::tl BOARD OF COUNTY COMMISSIONERS
-;\~::~a:~~stKOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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~ ~ ,JIONROE COUN rv A~{)RNE' . . .
Deputy Clerk APP 0 FORM: Dnae M. Spehar, Mayor/ChaIrperson
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MONROE COUNTY BOCC,
IN THE CIRCUIT COURT OF THE
16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO. CAP 03-647
Plaintiff,
-vs-
REPORT OF COURT
ORDERED MEDIATION
MARK FRALEIGH,
Defendant.
/
A mediation hearing was held on July 26, 2005, for the above styled case.
Mediator, David P. Kirwan, conducted the proceedings. All parties were present.
A complete agreement was reached.
A summary of the agreement reached between the parties is as follows:
Defendant, Mark Fraleigh, within 30 days of approval of this Agreement by the
Monroe County Board of County Commissioners ("BOCC") shall remove all
structures encroaching on the Monroe County right-of-way except the access
stairway to the structure located off of the County right-of-way. If directed to do
so by the Monroe County Biologist, Defendant shall remove such trees located
within the adjacent right-of-way within 30 days of such direction.
Defendant shall be deemed to have a revocable license (not an easement) from
Monroe County allowing the access stairs to remain on the County right-of-way.
This agreement is contingent upon the approval of the Monroe County Board of
County Commissioners.
Plaintiff agrees to file a voluntary dismissal without prejudice, each party to bear
its own attorneys fees and costs.
~~~
Mark Fraleigh, Defendant
Robert B. Shillinger
Assistant County Attofuey
Attorney for Plaintiff