§ 26-2. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Abandon, and any variant thereof, shall be deemed to include the terms "vacate" and "annul."

Abutting property means any parcel of real property which shares a common property boundary, or part thereof, with the petition site. An Abutting property must share at least a common point of intersection with the petition property.

Affected property means any parcel of real property, or portion thereof, which lies within 300 feet of the boundaries of the petition site.

City means the City of Marathon, Florida, and its City Council. The City shall also include the City Manager as defined under its Charter or his/her designee.

City right(s)-of-way means any right(s)-of-way acquired by the County or the public by virtue of a dedication to the public or the County on a plat by separate instrument of conveyance, or by prescription.

Owner means that person, governmental entity, or business entity which is the fee simple title holder of real property.

Petition site means any parcel of real property subject to a petition for abandonment pursuant to this article.

Petition means the form prescribed by the City which requests the abandonment of right-of-way or public easement pursuant to this article.

Petitioner means the person(s), governmental entity or business entity submitting a petition for abandonment pursuant to this article. The term "petitioner" shall include "co-petitioner" where appropriate. As this article only provides a mechanism for the abandonment of City rights-of-way as herein defined, other than government entities seeking abandonment, all petitioners shall be owners of abutting property.

Plat means any drawing of real property made and recorded pursuant to Fla. Stat. ch. 177 or the ordinances of the City of Marathon, Florida.

Public records means the records filed in the Office of the Clerk of the Circuit Court in and for Monroe County, Florida.

Right-of-way means any strip of land dedicated or deeded for ingress and egress or access purposes. The term shall include the terms "road," "highway," "alley," "accessway," and any other similar term.

Utility company means any public or franchised entity which provides electrical, potable water, stormwater, wastewater, communication, or similar services.

(Ord. No. 2015-08 , § 2, 9-8-2015)