Item M13County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: M.13
Agenda Item Summary #2829
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
N/A
AGENDA ITEM WORDING: Approval of an Easement Vacation Application with Monroe
County.
ITEM BACKGROUND:
The subject property is 8 Sunrise Cay Drive, Key Largo, FL 33037. The property owner recently
purchased adjacent lots 8 and 9. The existing home is located on lot 8. The property owner would
like to expand the existing house to straddle both lots 8 and 9. There is currently an existing
easement in between lots 8 and 9 which the property owners are seeking to vacate. The easement is
oddly not depicted graphically on the plat, but rather included in the written section.
The plat for this property references the subject easement. The reference on the plat to the easement
is on the first page under "Owner's Plat Restriction ". It provides in relevant part that "the utility
easements created hereby and described as: A strip of land 12 feet in width, running along the street
frontage, and a strip of land 6 feet in width, running along the sidelines of every lot and tract in this
subdivision; are hereby reserved for the installation and maintenance of utility distribution lines and
shall he kept free of permanent obstructions ".
The Declaration of Restrictions (recorded at the same time as the plat) which provides in paragraph
20 "PUBLIC UTILITY EASEMENT. A perpetual easement is over, on and across a strip of land
twelve feet (12) in width running along the street frontage, and a strip of land six feet (6) in width
running along the sidelines of each of the lots for the lots for the installation and maintenance of
telephone and electric lines, conduits, and incidental equipment, water and gas mains, sewer lines.
and any other utility or any similar facility deemed by the SUBDIVIDER and DEVELOPER
necessary for the service of Sunrise cay: and the SUBDIVIDER and DEVELOPER further reserves
the right to assign the use of easements and rights -of -way to any person, firm, corporation, or
Government agency furnishing one or more of said facilities or utilities. No trees shall he planted
within the easements hereby reserved. When a purchaser acquires an additional one -half or full size
lot adjacent to a full size lot the aforesaid sideline easements shall he deemed at the election of such
purchaser to he along the outer sidelines of the combined parcel."
Staff does not anticipate this being a frequent event or frequently used document as this plat oddity
could not be approved under modern platting standards.
There are no utility objections to the vacation.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Easement Vacation Application
Sunrise Cay Ocean Reef Plat No. 15
831 pg 1884
832 pg 2115
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
N/A
REVIEWED BY:
Steve Williams Completed 03/27/2017 4:26 PM
Mayte Santamaria Completed 03/27/2017 8:36 PM
Bob Shillinger Completed 03/28/2017 11:11 AM
Kathy Peters Completed 03/28/2017 8:09 PM
Board of County Commissioners Pending 04/12/2017 9:00 AM
Request for Easement Vacation
An application must be deemed complete and in compliance with the Monroe County Coyle by the Staff prior to
the item being scheduled for review.
Date of Application: _/_/
Month Day Year
Applicant / Agent Authorized to Act for Property Owner: (Agents must provide notarized authorization from all property owners.)
Applicant (Name of Per - son, Business or Organization) Narne of Person Submitting this
Application
Mailin¢ Address ( street, City, State and Zip Code)
Work Phone Horne Phone Cell Phone Email Address
Property Owner: (BusinesOC orp must include documents showing who has legal authorized to sign.)
(Name/Entity) Contact Person
Mailing Address (Street, City, State and Zip Code)
Work Phone Herne Phone Cell Phone Email Address
M ".,
Block Lot Subdivision Key
Real Estate (RE) Number
Alternate Key Number
Street Address (Street, City, State & Zip Code) Approximate Mile Marker
Recorded Plat for the property: flat Book Page
Page 1 of 5
Last Revised March 2017
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APPLICATION
IV OM 118 WIWI 010 1 DION i 0] f
Current Future Land Use Map Designation(s) of the property:
Current Land Use District Designation(s) of the property:
Total Land Area Affected:
Existing Use of the Property (If the property is developed, please describe the existing use of the property, including
any encroachment that currently exists with the easement):
Applicant seeks the easement vacation for the following reasons:
Remonstrate the easement is no longer required for public use and that the vacation will not adversely affect
public safety or have a negative impact on County streets or public or private utility facilities;
Applications must include letters (dated within 60 days prior to the application submission date) from all
public and private utilities servicing the property (including cable, electric, sewer, telephone, and water)
stating whether or not they object to or if there is no interest in the vacating of the easement.
a. Do you have comment letter from Keys Energy or Electric Co Op?
❑ Yes
❑ No
b. Do you have comment letter from Florida Keys Aqueduct Authority?
❑ Yes
❑ No
c. Do you have comment letter from Comcast?
❑ Yes
❑ No
d. Do you have comment letter from AT &T?
❑ Yes
❑ No
e. Do you have comment letters from any other utilities? (i.e., KW Resort Utility)
❑ Yes
No
f. Are easements or utility relocations required by any of the utilities?
❑ Yes
❑ No
If equipment lies within the easement requested for vacation, the applicant shall be responsible for any expenses
incurred for relocating same, unless other arrangements have been made with the relevant utility.
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Page 2 of S
Last Revised March 2017
APPLICATION
All of the following trust be submitted in order to have a complete application submittal:
(Please check as you attach each required item to the application)
Letters from all utility companies (written statement from all public and private utilities servicing the subject
property dated not more than 60 days prior to the date of submission of the application, including water,
sewer, electric, telephone, and cable television which state any objection or required conditions to the proposed
abandonment).
If applicable, the following must he submitted in order to have a complete application submittal:
El Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property)
El Any Letters of Understanding pertaining to the proposed plat lot line adjustment
Is there a pending code enforcement proceeding involving all or a portion of this property?
❑ Yes ❑ No Code Case file
application is being submitted to correct the violation:
Describe the enforcement proceedings and if this
If deemed necessary to complete a full review of the application, the Planning & Environmental Resources
Department reserves the right to request additional information.
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Page 3 of 5
Last Revised March 2017
,XPP[,l".AT1i1N
The applicant/owner hereby acknowledges and agrees that any staff discussions or negotiations about conditions of
approval are preliminary only, and are not final, nor are they the specific conditions or demands required to gain
approval of the application, unless the conditions or demands are actually included in writing in the final development
order or the final denial determination or order,
By signing this application, the owner of the subject property authorizes the Monroe County Planning &
Environmental Resources staff to conduct all necessary site visits and inspections on the subject property.
1, the Applicant, certify that I am familiar with the information contained in this application, and that to the best of my
knowledge such information is true, complete and accurate.
ALL OWNERS PROPERTY " IN AN ESTATE PROOF
AUTHORITY SIGNING ! "'i
Signature of Applicant;
STATE OF
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Sworn to and subscribed before me this day of , 20 ,
by , who is personally known to me OR produced
(PRINT NAME OF PERSON MAKING STATEMENT)
(TYPE OF ID PRODUCED)
as identification.
Signature of Notary Public, State of Florida
Print, Type or Stamp Commissioned Name of Notary Public
My commission expires:
Send complete application package to.
Monroe County Planning & Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, EL 33050
Page 4 of 5
Last Devised March 2017
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(Brief description of petition site)
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Please consider this letter our request for a Letter of No Objection to the proposed vacation of the above -
described EASEMENT. Enclosed is a copy of the survey and description of the EASEMENT that is located
at I on Key, Monroe
County, Florida, for your review and comments. If you have any questions, or if I may be of further
assistance, please contact me at (daytime phone number). Thank you for your
assistance in this matter.
Sincerely,
(Applicant or agent)
Encl; Petition /survey
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Page 5 of 5
Last Revised March 2017
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9. NUISANCES, PETS. Nothing shall be done on any lot
which may be or become an annoyance or nuisance to the neighbor
hood. No horses, cattle, swine, goats, poultry or fowl shall
be kept on any lot. The maintenance of pets shall be subject to
such regulations as may be adopted by ORIA, which regulations
may include prohibition of pets or particular kinds of pets or
pets in excess of certain size.
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'EC 8314886
10. SIGNS. No signs of any character shall be
displayed.
14. SEWAGE SYSTEMS. All plumbing fixtures, dishwashers,
toilets or sewage disposal systems of any type shall be connected
to the sewage disposal system constructed by SUBDIVIDER and
DEVELOPER and approved by the appropriate governmental authority.
15. MOTORCYCLES, VEHICLES. No motorcycles, other than
properly licensed mopeds and motorized bicycles, shall be allow-
ed or used on any of the streets in Sunrise Cay. Each single
family dwelling house shall be limited to one automobile or
stationwagon for each bedroom. The maintenance of other types
of motor vehicles shall be subject to such regulations as may
be adopted by ORIA, which regulations may include prohibition
of particular kinds of motor vehicles or motor vehicles in
excess - a certain size. -
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4C 831P4889
Set back regulations from property lines of lots
shall be determined by SUBDIVIDER or ORIA. Grading will be
accomplished in such manner so that runoff waters will not empty
directly into the ocean or nearby channels.
20. PUBLIC UTILITY EASEMENT. A perpetual easement is
reserved over, on and across a strip of land twelve feet (12')
in width running along the street frontage, and a strip of land
six fe6t (6 in width running along the sidelines of each of the
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23. In the event the existing mortgage relating to Sun -
rise Cay is foreclosed or a deep; in lieu of foreclosure is
accepted in connection therewith, the term "SUBDIVIDER" as used
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, 'j�c 831?A89
24. NO amendment or modification of this instrument shall
be in of feet without the written consent of any mortgagee O Sun-
rise Cay land so l as its mortgage remains unsatisfied.
IN WITNESS WHEREOF, the undersigned have caused these presents
to be signed in it name by its duly appointed of elected represen-
tative or officers the day and year above written.
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STATE OF FLORIDA
COUNTY OF 14o< Oa
My Commission Expires:
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R ECDRDPD IN OF9CIAt RECORD BU"
MONROE COUNTY, FLORIDA
RALPH WL WHITE
CLERX OF CIRCUIT COM
RFCOPZ) VERIFIED
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