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Item P02 � P.2 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: P.2 Agenda Item Summary #6112 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506 1:30 P.M. PUBLIC HEARING AGENDA ITEM WORDING: A public hearing to consider approval of a resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of MacDonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, Plat Book 1, Page 55, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. ITEM BACKGROUND: The Applicant, Wreckers Cay Apartments at Stock Island, LLC, has requested the abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the public records of Monroe County, Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 Lot 1 and the platted shoreline. The Applicant has made the request as part of a proposal to redevelop the adjacent land as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and egress to the parcels owned by the Applicant, which are proposed to be redeveloped. At their January 22, 2020 regular meeting, the BOCC adopted/approved the following items related to redevelopment of the adjacent property with 280 deed restricted affordable housing units: - Comprehensive Plan Subarea Policy 111.1.1 Stock Island Worforce Subarea, allowing for a density of 40 du per buildable acre and restricting development to affordable housing (Ord. 002- 2020). - Zoning amendment from URM to UR (Ord. 004-2020). - Reservation of 280 affordable housing ROGO allocations (Reso. 031-2020). Packet Pg. 3419 P.2 - Development Agreement between Wreckers Cay Apartments and Monroe County allowing development of 280 affordable units on adjacent property (Reso. 031-2020). **The Development Agreement does not become effective until the following 2 ROW abandonments are approved.** - ROW abandonment of a portion of MacDonald Ave and First St. (this item). - ROW abandonment of a portion of Laurel Ave. The BOCC considered the currently proposed abandonment of MacDonald Avenue and First Street at their January 22, 2020 meeting, but tabled the item until such time that the proposed Comprehensive Plan Subarea Policy 111.1.1, adopted by Ordinance 002-2020, became effective. Ordinance 002-2020 became effective on March 25, 2020. Additionally, the Development Agreement adopted at the January 22, 2020 meeting (Reso. 031-2020) does not become effective until the proposed abandonments of Laurel Avenue, MacDonald Avenue and First Avenue are approved by the BOCC, as shown in the clip below: IV- Effective-Dates The "E " of this Agre==t ahaLl be upon the abndonraent o LAwel Avenur,4 McDonald Avenue and .first Avenue b ejnti -f (45) y after the dWY signedd aat is r=lved by am Flofida Depanm=t o Mwic Op sty Punuant to ChEtptcT 380, t o -St utts, and if a appeded is res6lved. Please note, if the BOCC chooses NOT to approve the proposed abandonment of this portion of MacDonald Avenue and First Street, Wreckers Cay Apartments at Stock Island, LLC, will need to apply for an amendment to their Development Agreement to adjust the effective date requirement. The process for an amendment is the same as that for a new development agreement and requires a community meeting, Development Review Committee meeting, Planning Commission hearing, and a hearing before the BOCC. The Applicant has provided a written agreement to grant an easement to the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp. for public utility purposes, in, under, over and across the herein requested ROW abandonment land in the installation, maintenance and repair of the utilities in place or to be placed on said portion of MacDonald Avenue and First Street. Per Section 19-1(b) of the Monroe County Code, (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) The right-of-way terminates on a body of open water; or (2) The right-of-way provides access to the public to land on open water; or(3) The abandonment would preclude a way for the public to maintain access to the water. In a memo dated October 31, 2018, Philip Frank of Terramar Environmental Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would not preclude a way for the public to maintain access to the water. His findings were based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. Packet Pg. 3420 P.2 � Y )t t - �55�4�st�is County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. PREVIOUS RELEVANT BOCC ACTION: 1/23/19 (I3) BOCC continued to the 2/20/2019 BOCC meeting in Key West, FL 1/22/20 (04) BOCC considered the requested abandonment and tabled the item until such time that the proposed Comprehensive Plan Subarea Policy 111.1.1, adopted by Ordinance 002-2020, became effective. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2018-179 FILE Combined 2018-179 Staff Report v3_12.9.19 2018-179 Laurel Ave—Renouncing Resolution 2018-179 survey FINANCIAL IMPACT: Effective Date: Packet Pg. 3421 P.2 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: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: REVIEWED BY: Cheryl Cioffari Completed 12/27/2019 1:29 PM Emily Schemper Completed 12/30/2019 10:22 AM Steve Williams Completed 01/06/2020 11:21 AM Maureen Proffitt Completed 01/06/2020 11:38 AM Assistant County Administrator Christine Hurley Completed O1/07/2020 6:33 PM Budget and Finance Completed 01/08/2020 8:03 AM Maria Slavik Completed 01/08/2020 10:12 AM Kathy Peters Completed 01/08/2020 10:37 AM Board of County Commissioners Completed 01/22/2020 9:00 AM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg. 3422 i MEMORANDUM Monroe County Planning & Environmental Resources Department U) We strive to be caring,professional and fair To: Monroe County Board of County Commissioners e Through: Christine Hurley, Assistant County Administrator 06 a� From: Emily Schemper, Director of Planning & Environmental Resources e( Date: January 2, 2019 R vi sc d eceii€be r 9, 20 19 0 Subject: A public hearing to consider the approval of a resolution renouncing and disclaiming any right of the County and the public in and to a portion of the rights- of-way of Macdonald Avenue and First Street, Stock Island, Monroe County, Florida, as shown on the plat of Maloney's Subdivision of Stock Island, plat book E 1,page 55. (File #2018-179). 0 BOCC Meeting: January 23, 2019 (set public hearing) N.....,.w,ber- 20, 2019 June 17, 2020 (public hearing) Revised information noted in red. REQUEST: Wrecker's Cay Apartments at Stock Island, LLC, requests an abandonment of a portion of MacDonald Avenue and First Street in Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1,Page 55, of the Public Records of Monroe County,Florida, bounded on the north by all of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot 1 and the platted shoreline. The Petitioner has made the request as part of a proposal to redevelop the surrounding area as affordable housing. The Applicant owns the three parcels to the north, south and east which surround the portions of MacDonald Avenue and First Street being requested for abandonment. Currently, MacDonald Avenue and First Street serve as local streets for traffic flow, ingress and 0. 0 egress to the surrounding parcels which are proposed to be redeveloped. co - CD Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 1 of 8 Packet Pg. 3423 P.2.b (ryJ # r r } LL 06 Ztts�}��;�(`��'hl�1�l''��Sf� � ,�,� �a _ fit � �t � tr, `�� .`_ � �r �', '�;- �'•_-_ -� - i E �,, ., ., ns� �1„ si'�- ��tix r �, �' Figure 1-Proposed Right of Way Abandonment location. REVIEW OF APPLICATION: Ca The portions of the rights-of-way of Macdonald Avenue and First Street are established within the �= plat of Maloney's Subdivision of Stock Island (PB1-55). The plat was recorded on October 21, 1911. LU it sf� i s4 #s ea ar .1 ac � 4 ra 2 s t s L 7 d 9 r✓,' W r x'�� t v'� T� 0 sm +9 *6 J;'t6 rs ■ r8 JJ x, J'1 r$ 7, #L #1 31h's r7 fit a T� •t LL gars y1. aY. {'FSar °Y`is a v N l — h # CD CO CD Figure 2-Excerpt of Maloney's Subdivision of Stock Island Plat E Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 2 of 8 Packet Pg. 3424 P.2.b The portion proposed for abandonment is legally described as follows: A portion of the MacDonald Avenue PUBLIC Right of Way and the First Street PUBLIC Right of Way, bounded on the west by Second Street and all of Block 34; bounded on the south by all of v) Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and bounded on the east by Block 33 lot I and the platted shoreline, Maloney's Subdivision of Stock Island, 2 according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records ofMonroe County, Florida and being more particularly described as follows: e 06 Commencing at the: northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35: lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, said point being on the south right-of-way line of MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the centerline of said MacDonald Avenue and the point of beginning of the proposed road abandonment be described;from said point of beginning continue bearing north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the north right-of-way line of said MacDonald E Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 620.00 feet, to the 0 platted shoreline ofsaid McDonald's plat, also the southeast corner ofblock 21; thence bear south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance of 35.85 feet, to the centerline of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the centerline of said MacDonald Avenue a distance of 639.62 feet, back to the point of beginning. Containing an area of 18,896 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's Plat Of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26: lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), said point also being the point of beginning of the proposed road abandonment to be described: from said point of beginning bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet, to the centerline of said MacDonald Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet, also being the point of intersection with the north projection of the centerline ofFirst Street, a 50 foot right-of-way on said McDonald's plat; thence bear south 00 degrees 04 minutes 20 seconds east a distance of 30 feet, to south right-of-way line of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said MacDonald Avenue a distance of 525.00 feet back to the point of beginning. Containing an area of 15,750 square feet more or less. v) AND TCO - CD Commencing at the northwest corner of lot 1, block 34, McDonald's Plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; E Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 3 of 8 Packet Pg. 3425 P.2.b lot 2, section 34: Stock Island, township 67 south, range 25 east"recorded in plat book], at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of v) intersection with the centerline offirst street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to described, from said point of 2 beginning bear north 00 degrees 04 minuites 20 second west a distance of 30 feet, thence bear north 89 degrees 55 minutes 40 seconds east a distance of 114.62 feet, to the platted shoreline of said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said platted shoreline a distance of 31.74 feet to the south right-of-way line ofsaid MacDonlad Avenue; thence bear south 89 degrees 55 minutes 40 seconds west along the south right-of-way line of said MacDonlad Avenue a distance of 125.00 feet, back to the point of beginning. Containing an aera of 3,594 square feet more or less. 0 AND Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; E lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 0 55, of Monroe County official records, point being on the south right-of-way line of MacDonlad Avenue (bearing basis of MacDonlad Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 500.00 feet to the point of intersection with the west right-of--way line of first street, a 50 foot right-of-way on said McDonald's plat and the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 00 degrees 55 minutes 40 seconds east a distance of25.00 feet to the centerline ofsaid first street, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degrees 55 minutes 40 seconds west a distance of 25.00 feet to a point on the west right-of-way line of said first street,point also w being the southeast corner of lot 10, block 34 ofsaid plat; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning. containing an area of 3,125 square feet more or less. AND Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 26; lot 2, section 34; Stock Island, township 67 south, range 25 east"recorded in plat book 1, at page 55, of Monroe County official records, point being on the south right-of-way line of MacDonald 0. 0 Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 525.00 feet to the point of intersection with the centerline ofFirst Street, a 50 foot right-of-way on said McDonald's plat and U) the point of beginning of the proposed road abandonment to be described, from said point of beginning continue bearing north 89 degrees 55 minutes 40 seconds east a distance of 25.00 feet CO C, to a point on the east right-of-way line of said First Street, said point also being the northwest N corner of lot 1, block 33 of said plat, thence bear south 00 degrees 04 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degree 55 minutes 40 seconds west a distance of E Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 4 of 8 Packet Pg. 3426 P.2.b 25.00 feet to a point on the centerline ofsaid First Street; thence bear north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of beginning, containing an area of 3,125 square feet more or less. LOT 20 LOT 19 LOT 18 LOT 17 L.9T 16 LOT t5 LOT 14 LOT 11 LOT 12. LOT 1J PLATTED V a WRECKERS CAY APARTMENTS AT STOOK ISLAND LLC SIiORELINE BLOCK 21(PLAT) y{ � Bp L O C �K 3 2 LOT 31{DEED) F S89'55'44"W 620'(PLAT) ;;{ O f .SQQ.QD°CMEASl1REDj 105IR RTx qw iwe C' NORTH PORTION M 3 0 0 //J CL ACDONAL[?AVENUE-s8'RJW 06 SOUTHEASTERLY Y SOUTHWESTERLY PORTION PORTION SQQ.60`(Ma=ASlz0.E6)TO 1B 7655 urx Rrw.0 f a > L3 4 NF39°SS'AO"E fist? (PI..P,T} �a ry� ,r � 8 L O C K 3 3 � "I" I 2 LOT I I DT 7 $ LOT t M i.pT 2 IAT 3 LUT-0 LOT 5 LOT 5 LOT 7 LDT 8 LOT 9 ye lY © p D C K$ CIO �C E4 L O C K 3 4 ERc AL REu,RaS goo.a2&5,vncE Ln9P �' VEX 0 e"txsl 3 till DENOTE'PROPOSED WRECKERS LAY APARTMENTS AT STOCK ISLAND LLC TO® 0. y U kOAD ABANDONMENT -ALL fjC y Q EADEH BOSH mJ m m COMPANY LLC LEGEND: FIRE N —ILEN—S (PLAT)(MEASURED} O u O A aN �` CIO IT N69 55'4Q"E 504tl [] i '}n5 H LT E4 YEM£YST L4 SB9^55'49"w 5Q 9Q LOT 1Q 4ZR REECE&ASSOCIATES w�a YILL'Y p {{ 77 XROFESSIOS'AL 9JAUEYOR MR MRPGEp,ta JPG L........::J co CI LOT 11 L4 LOT 20 AAtt Ili 1NR11—ALRMa STIL E, G 1.KEY,R SINI 111T. MfTEV v 5 NOTES: W 'yq 4P#ftL Q;'�e IT49 ATfR raLVE who F[n_e 4155LRUEYNAS PERFORMED FORTHE SOE AND EXCLUSIVE DENEFR OF AR.13 LI—xEnF[.x VPAX VJOS)87e 56T2 NOSxuu xq IE of VE,.l URO v111p ER EVTI-VI IxR 1 vfxon56�va&,L5£WISE IA, NORTH 0 Figure 3-Excerpt of boundary Survey The applicant, Wrecker's Cay Apartments at Stock Island, LLC, owns the three parcels to the north, south and east which surround the the portions of MacDonlad Avenue and First Street being requested for abandonment. The petitioner has submitted a road abandonment petition in order to redevelop the surrounding area as affordable housing. This petition has been reviewed by County staff and written recommendations were received from the following private utilities and County departments: Keys Energy Service, dated May 18, 2018 • Grant of easement required. KW Resort Utilities Corp, dated August 21, 2018 • Grant of easement required. AT &T, dated August 31, 2018 No objections Florida Keys Aqueduct Authority, dated August 29, 2018 • No objections upon receipt of easement. CIO Monroe County Fire Marshal, dated September 20, 2018 • Fire department access and water supply were noted to be discussed for future development plans. co Monroe County Sheriff's Office, dated September 25, 2018 • Although no objections were stated, it was noted that the abandonment should not be granted or access restricted to the surrounding residential lots until vacated. Monroe County Engineering Department dated October 12, 2018. Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 5 of 8 Packet Pg. 3427 P.2.b • Restricted access to land which extends beyond MacDonald to the water and the ownership of said land was stated as a concern.Per a memo dated October 31,2018, and further described below, it was determined that the MacDonald right of way east of First Street does not terminate on open water and therefore does not restrict v) access. Easement agreements with the Utility Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct Authority, and KW Resort Utilities Corp were provided. U- 06 Monroe County Code Section 19-1 - Abandonment of rights-of-way states: (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) the right-of-way terminates on a body of open water; or • The platted right-of-way does not terminate on a body of open c water. (2) the right-of-way provides access to the public to land on open water; or , • The platted right-of-way does not provide access to the public to land on open water. E (3) the abandonment would preclude a way for the public to maintain access to the 0 water. • The abandonment would not preclude a way for the public to maintain access to water. In a memo dated October 31, 2018, Philip Frank of Terramar Environmental Services Inc. stated that the Macdonald Avenue ROW east of First street does not terminate on open water, does not provide access to land on open water, and would not preclude a way for the public to maintain access to the water. His findings were based on a site visit and evaluation of the upland area beyond the ROW and the presence of mangrove wetland habitat east of the platted ROW's termination. The County Biologist conducted a site visit as well and agreed with Mr. Frank's conclusions. (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, �? an affected property owner is the owner of property which, if the right-of-way is abandoned, will: >i (1) Have access that is currently used by that property owner eliminated; r- 0 • The requested abandonment is for a portion of right-of-way that bisects the petitioner's properties. This portion of the street terminates at and only gives access to the petitioner's properties. (2) Have the only platted access eliminated; • The requested abandonment is for a platted portion of the right-of- co way of MacDonald Avenue and First Street, which is not used for T- access by other properties. (3) Have the paved area adjacent to that property increased for turn-around purposes; or E Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 6 of 8 Packet Pg. 3428 P.2.b • There is not a requirement for a T-turnaround given the location of the right of way abandonment. MC Engineering has not requested a turnaround. (4) Be increased in size. v) • The affected property, owned by the applicant,is the only property that will increase in size; there is no objection to this increase. (d) All right of way abandonments shall comply with the County Code and Standard Engineering requirements for road, turn-around and fire-rescue access. If required 06 for safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be shown on the submitted survey and shall be agreed to in writing and constructed with payment by the property owner(s) requesting abandonment. • A letter from the Fire Marshal dated September 20, 2018 stated a proposed site plan or description were not provided for review, but, fire department access of the site and water supply for fire apparatus and and emergency medical service vehicles for life and fire safety response shall be addressed following chapters of r_ the Florida Fire Prevention Code, 6th Ed. 2017; NFPA 1. However, after meeting with the Applicant, the Fire Marshal provided a letter dated November 1, 2018, stating that the Fire Marshal's Office will be available to discuss adequate Fire Department Access and Water Supply during planning for future development. as • A letter from Engineering Services dated October 12,2018 states LU the proposed portion of the MacDonald Ave. right of way to be z abandoned terminates at the platted shoreline but there is land beyond that point that extends to the water, to which access would be restricted should MacDonald Ave. be abandoned. A determination of the disposition and ownership of that land W should be made to ensure that the abandonment does not violate the requirements of MCC Chapter 19-1. As stated on page 6 of this memo, staff has determined that the right of way does not terminate on open water. >i 0 (e) A right of way may be abandoned only at the terminal portion of the road and in its full width unless one of the following applies; 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and right-of-way. The term "substantial structure" specifically co T_ does not include wood or metal fences, sheds or tiki huts or other items not listedCD which are accessory structures; or a� Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 7 of 8 Packet Pg. 3429 P.2.b 2. The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on both sides of the abandonment as shown in Example 1. U) • The requested abandonment is for the terminal portion of both MacDonald 06 Avenue and First Street. The requested abandonment of a portion of the rights-of-way of Macdonald Avenue and First > Street, as shown on the plat of Maloney's Subdivision of Stock Island, plat book 1, page 55; -� bounded on the north by all of block 32;bounded on the west by second street and all of block 34; bounded on the south by all of block 34, and by First Street adjacent to block 34 lot 11 and block 33 lot 20;and bounded on the east by block 33 lot 1 and the platted shoreline, on STOCK ISLAND, Monroe County, Florida meets the criteria cited above and is therefore suitable for abandonment. RECOMMENDATION: C Staff recommends approval of the requested abandonment. N i i 0 co - CD U Wreckers Cay(MacDonald& 1st St.)Abandonment Petition File 42018-179 Page 8 of 8 Packet Pg. 3430 1 � 2 s 11 s .V U- 4 06 8 MONROE COUNTS', FLORIDA 9 BOARD OF COUNTY COMMISSIONERS 10 RESOLUTION NO. - 2020 � 11 `� 12 A RESOLUTION OF THE MONROE COUNTY BOARD OF 13 COUNTY COMMISSIONERS RENOUNCING AND 14 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC 15 IN AND TO THE FIGHT-OF-WAY OF MACDONALD 16 AVENUE AND FIRST STREET, STOCK ISLAND, MONROE 17 COUNTY, FLORIDA, AS SHOWN ON THE PLAT OF 18 MALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT 19 POOL 1, PAGE 55; BOUNDED ON THE NORTH BY ALL OF 20 BLOCK 32; BOUNDED ON THE NEST BY SECOND STREET" 21 AND ALL OF BLOCK 34; BOUNDED ON THE SOUTH BY 22 ALL OF BLOCK 34, AND BY FIRST STREET ADJACENT TO 23 BLOCK 34 LOT l 1 AND BLOCK 33 LOT 20; AND BOUNDED 24 ON THE EAST BY BLOCK 33 LOT 1 AND THE PLATTED 25 SHORELINE. W 26 27 WHEREAS, an application was filed by Smith Hawks PL on behalf of Wrecker's Cay 28 Apartments at Stock Island, LLC, to abandon the right of way of MacDonald Avenue and First 29 Street in Maloney's Subdivision of Stock Island, according to the flat thereof as recorded in Plat 30 Boob: 1, Rage 55, of the public Records of Monroe County, Florida, bounded on the north by all 31 of Block 32; bounded on the west by Second Street and all of Block 34; bounded on the south by a 32 all of Block 34, and by First Street adjacent to Block 34 Lot 11 and Block 33 Lot 20; and 33 bounded on the east by Block 33 lot 1 and the platted shoreline; and 34 35 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to 36 renounce and disclaim any right of the County and the public in and to the hereinafter right of i 37 way; and 38 39 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 40 after publishing due notice of said hearing in accordance with said Chapter; and 41 42 WHEREAS, due notice has been published and a public hearing has been held in co co 43 accordance with Chapter 336, Florida Statutes; and 44 45 WHEREAS, at said public hearing, the Board considered the argument of all pal-ties � 46 present wishing to speak on the matter, and considered the renouncing and disclaiming of any File#2018-179 Pa,,e 1 of Packet Pg. 3431 I right of the County and the public in and to the hereinafter described right of way as delineated 2 on the hereafter described map or plat; 3 4 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 5 COMMISSIONERS OF MONROECOUNTY, FLORIDA, THAT IT HEREBY 6 7 1. Denounces and disclaims any right of the County and public in and to the 8 following described right of way, streets, alley-ways, roads, or highways as delineated on the 9 hereinafter described map or plat, to-wit: 10 11 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 12 13 A portion of the MacDonald Avenue PUBLIC light of'W ay and the First Street PUBLIC m 14 Fight of, Way, bounded on the west by Second Street and all of'Block 34; bounded on the south 15 by all of Block 34, and by First Street adjacent to Block 34 Lot II and Block 33 Lot 20; and 16 bounded on the east by Block 3'3 lot 1 and the platted shoreline, Maloney's Subdivision of Stock 17 Island, according to the map or plat thereof; as recorded in Plat Book 1, Page 55, of the Public 18 Records of Monroe Countyf, Florida and being more particularly described as,follows: 19 20 Commencing at the: northwest corner gf'lot I, block 34, McDonald's bleat o Stock Island, 21 also knovvn as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35: lot 2, section 36; lot 3, section 22 26 lot 2, section 3'4; .Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 23 page 55, of Monroe County official records, said point being on the south right-,Qf-way line cif, 24 MacDonald Avenue (bearing basis of MacDonald Avenue is north 89 degrees 55 minutes 40 25 seconds east), bear north 00 degrees 04 minutes 20 seconds west a distance of 30 feet to the _ 26 centerline of` said MacDonald Avenue and the point cif beginning of the proposed road 27 abandonment be described; from. said point cif beginning continue bearing north 00 degrees 04 28 minutes 20 seconds west a distance of 30 feet to the north right-oj*way line of'said MacDonald y 29 Avenue; thence bear north 89 degrees 55 minutes 40 seconds east a distance of 620.00=feet, to 30 the platted shoreline of said McDonald's plat, also the southeast corner of'block 21; thence bear 31 south 33 degrees 15 minutes 35 seconds east along said platted shoreline a distance of 35.85 32 feet, to the centerline of said MacDonald Avenue; thence bear south 89 degrees 55 rarinutes 40 33 seconds west along the centerline of said MacDonald Avenue a distance of 639.62,feet, back to i 34 the point of beginning. Containing an area of'18,896 square feet tnore or less. > 35 2 36 AND 37 38 Connnencing at the northwest corner of lot 1, block 34, McDonald's Plat 0f Stock Island, co 39 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 40 26: lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 41 page 55, of Monroe County official records, point being on the south right-af-way line of 42 MacDonald Avenue (bearing basis c?f MacDonald Avenue is north 89 degrees 55 minutes 40 File#2018-179 Page 2 of 4 Packet Pg. 3432 I seconds east), said point also being the point of beginning of the proposed road, abandonment to 2 be described;frorn said point of beginning bear-north 00 degrees 04 minutes 20 seconds west a � 3 distance of 30,feet, to the centerline of.said MacDonald Avenue; thence bear north 89 degrees 4 55 minutes 40 seconds east a distance of 525.00 feet, also being the point of intersection with the 6 5 north projection of the centerline of First Street, a 50 foot right-of-way on said McDonald's plat; 6 thence bear- south 00 degrees 04 minutes 20 seconds east a distance Qf 30 feet, to south right-Of- 7 way line of said MacDonald Avenue; thence bear south 89 degrees 55 minutes 40 seconds west 8 along the south right-cif vay line of said MacDonald Avenue a distance of 525.00 feet back to 9 the point gfbeginning. Containing an area of 15,750 square-°feet Tnore or less. 10 11 AND � 12 0 1.3 Commencing at the northwest corner of lot 1, block 34, McDonald's Plat of Stock Island,. . 14 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, section 36; lot 3, section 15 26; lot 2, section 34: Stock Island, township 67 south, range 25 east" recorded in plat book 1, at 16 page 55, cif Monroe County official records, point being on the .south right-of-way, line of 17 MacDonald Avenue (bearing basis (?fMacDonald Avenue as north 8.9 degrees 55 minutes 40 18 seconds east), bear north 89 degrees 55 nninutes 40 seconds east ca distance of 525.00 feet to the _ 19 point cf intersection with the centerline o irst street, a 50 oot ri ht-o 4vcay on said McDonald`s p f � .f�.f� .f f` 20 plat and the point qfbeginning of the proposed road abandonment to described;from said point 21 of beginning bear north 00 degrees 04 minutes 20 second west a distance of 30,feet, thence bear- 22 north 89 degrees 55 minutes 40 seconds east a distance of 114.62 feet, to the platted shoreline of W 23 said McDonald's plat, thence bear south 19 degrees 09 minutes 16 seconds east along said 24 platted shoreline a distance of 31.74 feet to the south right-Qf'-way line of said MacDonald W 25 Avenue; thence bear south 89 degrees 55 m.inutes 40 seconds west along the south right-of'-wcay 26 line of said MacDonald Avenue a distance of' 125.00 feet, back to the point ref beginning. y 27 Containing an area of`3,594 squarefeet more or less. 28 29 AND 30 Commencing at the northwest corner- of lot 1, block: 34, McDonald's plat of Stock Island, 31 also known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section. 35; lot 2, section 36; lot 3, sec.°tion. 32 26; lot 2, section 34; Stock Island, lot book 1, at 1 township 67 south, range 25 east" recorded in p g 33 page 55, cif Monroe Count)) gffic•i al records, point being; on the south right-af4vay lime cif 34 MacDonald Avenue (bearing basis c f Mac onald Avenue is north 89 degrees 55 minutes 40 35 seconds east), bear north 89 degrees 55 minutes 40 seconds east a distance of 500.00 feet to the . 36 point of intersection with the west right-Qf-way line of first street, ca 50 foot right-of-way on said CO 37 McDonald's plat and the point of beginning of the proposed road abandonment to be described, T' CD 38 from said point Qf beginning continue bearing north 00 degrees 55 minutes 40 seconds east a 39 distance of 25.00 ,feet to the centerline of said,first street, thence bear south 00 degrees 04 40 minutes 20 seconds east a distance of 125.00 feet; thence bear south 89 degrees 55 minutes 40 � File#2018-179 Nige 3 of Packet Pg. 3433 I seconds wrest a distance of 2.5.00 feet to a point on the west right-of-way line of saidfirst street, 2 2 point also being the southeast corner of lot 10, block 34 of staid pleat; thence bear north 00 3 degrees 04 animates 20 seconds rarest a distance of .125.00 feet back to the point of beginning. 4 containing an area vf'3,125 square feet more or less. 06 5 6 AND > 7 8 Commencing at the northwest corner of lot 1, block 34, McDonald's plat of Stock Island, also 9 known as the plat entitled "all lots 1, 2, 3, 4, 5, 6, section 35; lot 2, suction 36; lot 3, section 26; U 10 lot 2, section 34; Stock Island, township 67 south, range 25 east" recorded in flat book 1, at 11 page 55, of Monroe County official records, point being on the south right-of-wary line of 12 MacDonald Ai enue (bearing basis of.MacDonald Avenue is north 89 degrees 55 minutes 40 13 seconds east), bear north: 89 degrees 55 minutes 40 ,seconds east ca distance of 25.0,0 feet to the 14 point of intersection with the centerline of First Street, a 50 foot right-of-way can said 15 McDonald's plat and the point of beginning of the proposed road abandonment to be described, 16 from said point of beginning continue bearing north 89 degrees 55 minutes 40 seconds east a 17 distance of`25.00 feet to a point on the east right-of-way line of'said First Street, said point also 18 being the northwest comer- of' lot 1, block 33 of said pleat, thence hear .south 00 degrees 04 19 inmates 20 seconds east a distance of'125.00 feet; thence bear south 89 degree 55 minutes 40 20 seconds rarest a distance of'25.00 feet to a point on the centerline of said First Street; thence bear 21 north 00 degrees 04 minutes 20 seconds west a distance of 125.00 feet back to the point of < 22 beginning, containing an area of 3,125 square feet more or less. LU 23 24 PASSED AND ADOPTED y the Board of County Commissioners of Monroe County, Florida, 25 at a regular meeting of the Beard held on the 15 1h day of July 2020. 26 _ 27 Mayor Heather Carruthers 28 Mayor Fro Tern Michelle Coldiron 29 Commissioner Craig Cates 30 Commissioner David Rice � 31 Commissioner Sylvia J. Murphy 32 33 34 BOARD OF COUNTY COMMISSIONERS � 35 OF MONR E COUNTY, FLORIDA � 36 > 37 38 BY 39 (SEAL.) MAYOR HEATHER CARRUTHERS 40 41 ATTEST: RESIN MAD OK, CLERK 42 cv 43 44 B MONROFUTORNEY C Al T m 45 Deputy Clerk File#2018-179 Pa-e 4 of Packet Pg. 3434 P.2.d r w r- n Oho z'Jpczn- � MMm �g� V . Zc d ■■ nu�O W W 'a� �Em� M Wm x F 4 1 Ce I O t m n O � o W O w qo O~ mo J Y J �oOm O CO M Z J II II �"_' Vl 0 I- I n NN x w w a u J J g . 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Fischer, Esquire 626 Josephine Parker Drive Phone: (305) 849-3893 Suite 205, Mail Box 7 Email: van(�vdf-law.com Key West, Florida 33040 July 8, 2020 Board of County Commissioners Monroe County, Florida 1100 Simonton Street Key West, Florida 33040 Re: Board of County Commissioners July 15, 2020, meeting—Agenda items P.1 and P.2. Opposition to Wreckers Cay Apartments at Stock Island, LLC and Murray Marine Sales and Service, Inc., applications for abandonment of Laurel Avenue, MacDonald Avenue, and 1st Street public rights-of-way located on Stock Island, Florida. Dear Commissioners: I represent Last Stand and the clients listed at the end of this letter. My clients are opposed to the applications submitted by Wreckers Cay Apartments at Stock Island, LLC, ("Wreckers Cay") and Murray Marine Sales and Service, Inc., ("Murray Marine") requesting that Monroe County abandon the rights-of-way for portions of Laurel Avenue, MacDonald Avenue, and 1st Street. As will be explained,abandonment of these rights-of-way is prohibited by the requirements of the Monroe County Code. As such,my clients respectfully request that the application be denied for the following reasons. Section 19-1, MCC, prohibits the requested abandonments Section 19-1, Monroe County Code of Ordinances ("MCC")provides the requirements for abandonment of rights-of-way. Given the importance of public rights-of-way, Section 19-1,MCC, includes several mandatory elements which dictate whether or not a public right-of-way is allowed to be abandoned. The applications to abandon Laurel Avenue, MacDonald Avenue, and 1 st Street 1 do not satisfy the non-discretionary MCC elements required for abandonment. Therefore,pursuant to the unambiguous requirements of Section 19-1, MCC, the applications must be denied. Section 19-1, MCC, states in pertinent part: (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of-way is no longer required for public use and convenience. Any proposed abandonment must demonstrate that such action will not adversely affect public safety or convenience or otherwise have a negative impact on the county system of streets or public or private utility facilities. (b) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) The right-of-way terminates on a body of open water; or (2) The right-of-way provides access to the public to land on open water; or (3) The abandonment would preclude a way for the public to maintain access to the water. (emphasis added) The plain and obvious language of Section 19-1, MCC, is unambiguous, and must be interpreted according to the plain and obvious meaning. First, subsection (a) expressly requires that applications "shall demonstrate that the right-of-way is no longer required for public use and convenience." The aforementioned applications fail this requirement because these rights-of-way have been used for decades by the public to conveniently enjoy and access the water. It is important to recognize that abandonment hinges on a right-of-way being required for"public use and convenience" and not upon a right-of-way being an inconvenience for the applicant as appears to be the case here. Second, subsection (b)(1) expressly prohibits abandonment of a right-of-way which "terminates on a body of open water." As will be explained herein, pursuant to well-established Florida law, Laurel Avenue and McDonald Avenue terminate on open water. Third, subsection (b)(2) expressly prohibits abandonment of a right-of-way which "provides access to the public to 2 land on open water." Both Laurel Avenue and MacDonald Avenue provide access to the public to land on open water via the public rights-of-way easements. Fourth, subsection (b)(3) expressly prohibits abandonment of a right-of-way when the abandonment would "preclude a way for the public to maintain access to the water." Abandonment of Laurel Avenue and McDonald Avenue would preclude a way for the public to maintain access to the water. It is important to note that this code provision hinges on an abandonment precluding "a way" to access the water and not whether or not there are other ways for the public to access the water. Laurel Avenue, MacDonald Avenue, and 1st Street are dedicated public rights-of way The 1911 plat map of Stock Island recorded in plat book 1,page 55 (Attachment 1),plainly designated the land area for Laurel Avenue, McDonald Avenue, and 1st Street. As will be explained, the designation of said roads on the plat map is evidence of an intention to dedicate these roads to public use, and in fact, such use was dedicated under common law. It is well-established Florida law that public rights-of-way arise by common law or statutory dedication. See Lehmann v. Cocoanut Bayou Ass'n, Inc., 269 So.3d 599 (Fla. 2d DCA 2019). Common law dedication occurs where a plat map shows the location of roads which evinces intent to create a public road easement. See id. at 609. (citing Smith v. Horn, 70 So. 435, 436 (1915) (explaining that when a plat map shows spaces for streets, "the owner thereby evinces an intention to dedicate an easement in the streets ... to the public use as such, the title to the land under the street remaining in the owner or his grantees"); see also Bonifay v. Dickson, 459 So.2d 1089 (Fla. 1st DCA 1984). Statutory dedication occurs via operation of statute section 95.361, Fla. Stat. A primary difference between the two types of dedication is that pursuant to a common law dedication the owner of the land retains title to the underlying land subject to the public road 3 easement whereas pursuant to statutory dedication the landowner is divested of title to the underlying land. Id. at 608-9. Here, the dedication of the aforementioned roads was by common law because there was no statute allowing a statutory dedication in 1911. As such,by operation of law,the owners of the land at the time of the 1911 plat map designated Laurel Avenue, McDonald Avenue, and 1 st Street as public rights-of-way easements but appear to have retained title to the underlying land. However,the title ownership of the underlying land does not disrupt the dedicated public easement because the land remains subject to the easement. See Feather v. Donaldson, 481 So.2d 937, 938 (Fla. 5th DCA 1985)(holding "Where an easement has been granted it becomes, in effect, an encumbrance upon the fee title..."). Further, "When a city, county or other public entity (or, for that matter, a private individual or entity) owns or holds a permanent easement for `public road purposes', all members of the public have the right to use the land for road purposes," id. at 937, including ingress and egress to open water. See Burkart v. City of Fort Lauderdale, 168 So.2d 65, 70 (Fla. 1964). Laurel Avenue and MacDonald Avenue terminate on open water pursuant to well- established Florida law More than a century ago, the Florida Supreme Court settled the issue as to when a road, street, or right-of-way terminates on open water. The Supreme Court explained that on land surveys "several parallel waved lines are used to mark a water boundary where tides ebb and flow; and where these are found on a plat,they should be taken to define a street lying on the water,with nothing between it and the water..." Brickell v. Town of Ft. Lauderdale, 78 So. 681 (Fla.1918). The Brickell court held that it was "inconceivable and preposterous to contend that a town would be located on the banks of a navigable river, and the inhabitants deprived of the right of access to the river. Id. In addition, any accretions to land under a public road easement are subject to the 4 easement, and the public has a right to use the accretions for access to the water. Burkart v. City of Fort Lauderdale, 168 So.2d 65 (Fla. 1964)(holding "The City's easement in the street and accretions thereto may be protected for the benefit of the general public without ascribing to it rights, privileges and properties over and beyond those reasonably incident to its prescribed use; which use is not limited solely to travel upon the street, but includes the general public's right to use the accreted property as a way of ingress and egress to the waters of New River Sound."); see also Bonifay v. Dickson, 459 So.2d at 1095. The Florida Supreme Court explained the primary distinction between accretion and avulsion is "that the owner of the upland ... ordinarily becomes the owner of land that is added to his land by accretion ... whereas if an avulsion has occurred,the boundary line remains the same regardless of the change in the shoreline." Walton County v. Sto2 Beach Renourishment, 998 So.2d 1102, 1114 (Fla. 2008). Also, Florida law recognizes an exception to the common law rule of accretion—where a riparian owner causes accretion, said riparian owner does not gain title to it because of the fact that land below mean high water is sovereign land of Florida and"to permit the riparian owner to cause accretion to himself would be tantamount to allowing him to take state land." Board of Trustees of Internal Imp. Trust Fund v. Medeira Beach Nominee, Inc., 272 So.2d 209, 212 (Fla. 2d DCA 1973). Here, the 1911 plat plainly shows multiple parallel wavy lines along the tidal water boundary and that Laurel and MacDonald Avenues terminate at this designated water boundary. Thus, under Florida law, Laurel and MacDonald Avenue terminate on open water with nothing between the ends of the roads and the water. See supra Brickell. The subsequent dredging and creation of the spits at the end of Laurel and MacDonald Avenues resulted in an extension of the public road easements because the spits remained as state owned public lands. See supra Medeira 5 Beach Nominee, Inc. Therefore, Laurel and MacDonald Avenues terminate on open water pursuant to Florida law. Laurel and MacDonald Avenues provide access to the public to land on open water As explained, Laurel and MacDonald Avenues terminate on open water. Likewise, it directly follows that these two roads provide access to the public to lands on open water per section 19-1(b)(2), MCC. The 1911 plat established that the roads terminated at open water with no land between the end of the road and the water. The fact that "land" was created through filling the submerged lands did not change that the roads terminated at open water. Rather, the "filled land" simply became an extension of the road right-of-way easement and is land on open water. Pursuant to Florida law, the public has a right to use the road easements to access the water which includes any land extending from the ends of the roads. Abandonment is expressly prohibited by section 19-1(b)(2), MCC. Abandonment of Laurel and MacDonald Avenues would preclude a way for the public to access open water It is undisputed that the spits at the end of Laurel and MacDonald Avenues have long been used as access points to the water by the public. In fact,testimony by County Sheriff Rick Ramsay at the January 22, 2020, BOCC meeting, and the Wreckers Cay application materials, confirmed this fact. The Sheriff opined that Laurel Avenue needed to be gated because of trash and debris being left on the spit from the people living on boats who used the spit for ingress and egress to the water. Simply put, abandonment of these roads would preclude a way for the public to access open water which is expressly prohibited by section 19-1(b)(3), MCC. 6 The applications do not satisfy the requirements of section 19-1, MCC As explained, Section 19-1, MCC, expressly prohibits abandonment of the rights-of-way for Laurel and MacDonald Avenues. Section 19-1(b) mandates that if one or more of the three criteria listed exists, then the right-of-way shall not be abandoned (see section 19-1 text supra). As described, all three of the criteria listed in Section 19-1 exist—the roads terminate at open water, the roads provide access to the public to lands on open water, and abandoning the roads would preclude a way for the public to access open water. Therefore,pursuant to the unambiguous and mandatory requirements of section 19-1, MCC, Laurel and MacDonald Avenues cannot be abandoned. The roads and filled spits are held in trust for the public by Monroe County In a July 24, 2018, letter, the Florida Department of Environmental Protection ("DEP"), Division of State Lands, responded to an inquiry made by Wreckers Cay regarding the ownership of the spits at the ends of Laurel and MacDonald Avenues (Attachment 2). The letter stated that the "filled lands lying waterward of Laurel Avenue and MacDonald Avenue right of way are not within the riparian boundaries of the subject upland development, and would not qualify for a certificate per the statute [§253.12(9)&(10)]." The reason stated for this being that "lands lying within the riparian right of way lines of Laurel Avenue, MacDonald Avenue, and First Avenue at this site were excluded from conveyance." The importance of this DEP determination is that the filled lands waterward of Laurel and MacDonald Avenues, commonly known as the spits or fill spits, are recognized as publicly owned land. In fact, in 1981, the City of Key West claimed ownership of the Laurel Avenue spit when it applied to excavate a portion of the spit. This was pursuant to Resolution No. 218-1981 issued by 7 the Monroe County BOCC (Attachment 3). As such, Monroe County recognized in 1981 that the owner of the spit was the City of Key West. Monroe County was aware that the spit was publicly controlled as evidenced by the August 5,2019, legal opinion letter written by Adele V. Stones,Esq. (Attachment 4). The letter identified that Monroe County holds the Laurel Avenue right-of-way in trust for the public pursuant to common law dedication, and that as a result Monroe County is the eligible riparian property "owner" pursuant to Chapter 253, Fla. Stat.1 This riparian ownership allows the County to apply for a certificate from the Trustee of the Internal Improvement Trust Fund of the State of Florida ("TIITF")pursuant to Chapter 253, Fla. Stat. A certificate, pursuant to Section 253.12(9), divests the State of ownership of lands filled before July 1, 1975, and vests ownership in landowner having record or other title. See L.A.M.A. Land Management, L.C. v. Ferro, 964 So.2d 699, 700 (Fla. 3d DCA 2006)(stating "The effect of section 253.12(9) was to vest legal title on July 1, 1993, in parties who had only a colorable claim to filled lands by virtue of existing, but defective `record or other' titles.")(citation omitted). "Section 253.12(9) applies only to parties who have colorable claims, or where the land might be owned by the state. Furthermore, were there to be a cloud on the title, section 253.12(9), gives priority to the landowner with record or other title,rather than the upland owner." Id. (citing River Place Condo. Ass'n at Ellenton, Inc. v. Benzins, 890 So.2d 386, 388 (Fla. 2d DCA 2004)). Here, Monroe County holds the road rights-of-way in trust for the public and is the riparian property owner of the filled spit as stated in Ms. Stones' letter. As such, pursuant to Chapter 253, Monroe County has "record or other title" to the filled spit and has priority over Wreckers Cay, the alleged upland owner. 1 This same legal reasoning applies to MacDonald Avenue and P'Street rights-of-way. 8 The quit claim deeds failed to convey ownership of the filled spits to Wreckers Cay It is axiomatic under Florida law that a quit claim deed only coveys those rights a grantor actually holds. As stated in the aforementioned letters,the County holds the Laurel Avenue right- of-way in the public trust and is the "upland riparian property `owner"' who can apply for a certificate under Chapter 253, Fla. Stat. As a matter of law, the quit claim deeds purporting to transfer the filled land spits at the ends of Laurel and MacDonald Avenues to Wreckers Cay are meaningless (Attachment 5). As explained,the grantors of said quit claim deeds had no rights to the filled land spits. Therefore, the quit claim deeds failed to convey any ownership rights to Wreckers Cay, and the spits remain in the public trust. Murray Marine fence blocking access to water is unlawful The fence located within the Laurel Avenue right-of-way along the Murray Marine side was not lawfully permitted. Chapter 19, Monroe County Code of Ordinances,regulates the use of County roads and provides permitting requirements pursuant to section 19-33. Any restriction of use of a County right-of-way must be approved by the BOCC pursuant to section 19-8. Private persons cannot permanently impede county rights-of-way absent abandonment pursuant to section 19-1. Public records requests regarding the fence revealed that Monroe County has no records of any permits authorizing the fence running parallel to Laurel Avenue within the public right-of- way. Also,no records of any permits exist for the fence completely blocking access to MacDonald Avenue. The Special Purpose Sketch Survey dated 02/21/17 prepared for John Isaksen by professional surveyor Reece & Associates shows the boundary of the northern half of the Laurel 9 Avenue public right-of-way (Attachment 6).2 This survey plainly shows that the aforementioned fence is located in the right-of-way and blocks public access to the seawall and finger piers which are also located within the public right-of-way. As such, the public has a right to access the boat basin as it is part and parcel of the public right-of-way. It appears that Murray Marine erected the fence at some point in order to prevent people from accessing the boat basin, and was successful in doing so. However, this was unlawfully done without permits or Monroe County approvals. As a result, Murray Marine has been unjustly enriched by its private use of the public right-of-way without permission. Murray Marine submitted a request for the abandonment of Laurel Avenue which was denied by Monroe County in its letter dated February 14, 2012 (Attachment 7). The reason stated for the denial was that "the public would be precluded from accessing the spit of land that was filled prior to 1975, which currently provides public access to the open water." The use of the spit by the public has not changed since this denial was issued in 2012, and the same reasoning for denial of the present application applies. It is important to note that the "emergency gate" which was authorized by the BOCC at the January 22, 2020, BOCC meeting does not constitute abandonment pursuant to section 19-8,MCC, and neither does it provide approval for the unlawful fence erected by Murray Marine. Yet, Monroe County Code Compliance closed Code Case CE20020078 on the erroneous basis that the "emergency gate" authorization by the BOCC somehow included the aforementioned unlawful fence (Attachment 8). Conclusion For the reasons stated herein, my clients respectfully request that the applications for abandonment of the aforementioned rights-of-way be denied. Approving the applications would 2 This survey was received by Monroe County Planning Department on March 22,2017. 10 be a clear departure from the essential requirements of the Monroe County Code and Florida law, and therefore,prohibited. Sincerely, LA j Van D. Fischer, Esq. Attachments (8) Attorney for the following clients: Last Stand Diane Beruldsen Pennie Lee Thompson (305)296-3335 (305)896-8678 (305)240-9355 422 Fleming St 25A 7"'Ave 2 121h Ave Key West Stock Island Stock Island Christina Joy Nancy Hillman Kim Barton (305)240-1324 (305)731-8622 (305)896-7283 7005 Shrimp Rd H-31 Miriam St 25A 71 Ave Stock Island Stock Island Stock Island Connie Tarpley Jocelyn Webber Eric Hahn (305)304-8248 (218)409-0639 6800 Maloney Ave TARPLEYC(a,AOL.COM 6531 Maloney Ave Lot 8 Stock Island 1908 Harris,Key West Stock Island 407 747 5978 Steven Breines Patrick Griffin Daniel Hayes 6800 Maloney Ave,Unit 52 (904)460-6185 (860)912-7144 Stock island 6531 Maloney Ave Lot 8 6531 Maloney Ave Lot 8 914-643-2716 Stock Island Stock Island Sarah Hoffman Naja Girard Jamie Mattingly (860)912-3582 (305)304-6882 l lb 8th Ave 6531 Maloney Ave Lot 8 1214 Newton St Stock Island Stock Island Key West 305-394-4014 Aldene Wilson-Thompson Kimberly Michele LeBoutillier Cheri Cohen 6500 Maloney Avenue Lot#37 5030 5th Avenue 41 13A 12th Avenue Stock Island Stock Island Stock Island 347-641-2109 305-942-3098 305-849-0350 ll Jeremy Oldham Karen Woodbury Pamela Stephenson Connolly 5312 3rd Ave 33A 8 Ave. 15a 12th Ave Stock Island Stock island,FL Stock Island 336-257-8358 (305)295-9858 (323)317-2266 Elizabeth Devries Brad Fabian 6518 5"'St 25C 9'11 Ave. Stock Island Stock Island 305-587-4293 305-509-1469 12 r a t _`t i t �{t...,,.. 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Governor 3900 Commonwealth Boulevard "00 0,�e` Tallahassee, Florida 32399-3000 Noah Valenstein ► , , �� P, Secretary July 24, 2018 Colin Roopnarine Berger Singerman PA 313 North Monroe Street— Suite 301 Tallahassee, Florida 32301 Dear Mr. Roopnarine: Re: Wrecker Cay— Stock Island; Monroe County Thank you for your inquiry requesting information and review of a preliminary special purpose survey depicting the waterward boundary of filled lands at the location of a proposed development on Stock Island Monroe County. The area of interest is located in Section 36, Township 67 South, Range 25 East. Records on file in the Title and Land Records Section of the Bureau of Survey and Mapping indicate the Board of Trustees of the Internal Improvement Trust Fund conveyed submerged lands lying waterward of the project area by Deed Nos. 19962, 20059, and 22143(341-44). Additionally, TIITF Easement No. 24354-A may apply. Lands lying within the boundaries of said deeds are not state owned. Records indicate that filling occurred waterward of the historic shoreline at this location and outside the boundaries of said deeds prior to July 1, 1975. Therefore, filled lands at this site may not be state owned if all additional criteria of the applicable statute, Section 253.12(9)&(10), are met. Per said statute, ownership of the filled lands would transfer to the adjacent upland riparian owner(s), if qualified. Copies of these documents are attached for your information. Examination of these conveyances indicates that lands lying within the riparian right of way lines of Laurel Avenue, MacDonald Avenue, and First Avenue at this site were excluded from conveyance. Any filled lands lying waterward of Laurel Avenue and MacDonald Avenue right of way are not within the riparian boundaries of the subject upland development, and would not qualify for a certificate per the statute. Filled lands lying south of Deed No. 20059 that are waterward of the project area, including vacated portions of First Avenue right of way may qualify for a certificate Attachment 2 Colin Roopnarine July 24, 2018 Page two if all additional criteria are met. Refer to exhibit, "Survey Detail" that illustrates the extent of potentially qualifiable filled lands for this project area. You may contact Jody Miller at Lod Miller( F'loridaDER )ov, or 850-245-2802 for additional information, and to apply for a certificate to any qualifying filled lands. Sincerely, l Marcus J. Ashman, PSM, Program Manager Bureau of Survey and Mapping Division of State Lands MJA/mj k cc: Jody Miler attachments FATITLE\MELANIE\1819-1\WRECKER CAY-STOCK ISLAND.docx Attachment 3 218- 81 ----------z 11 F -or MOT rcpmo OF COV1174 CM1,11 F70NI'!P� or COUNTY, PVOPYDA, has received an app1ication ArQw [l"y_cf_K0yVnQ AnA WHEPFAS, in compliance with State Statute, it in necessary as nvrt of the permithina procedure to read the 1`nllrxwing Diolooical As-sos-Ilrient into the Record, as f0l]Qw_q: The applicant proPunns the excavation of the torminal 1080 feet of ar existing spoil boak, involving approyirately 3240 cubic yards landward 00 MFV and NO cubic yards waterwarL of AM Removal wD7 he performed by Pankluse and 01 spoil from the removal will, he truckoc t" Key west's sanitary landfill site. Length of the entire spDA bank is approxiwaLely one-half mile long. The original application Submitted cailod for the excavation of L.Li5 entire w0l, down 7o the YTM line (approximately three f0eh dOWn fror the existinq Mevation). The most recent aplOinaLion calls for eMaVatiOn of one hall of the spit (approvimately one quarter of a mile) to a depth of ens gcvo below MLV. The width of the spoil bank averages about 31 feet. All prenan0y existing ranqraves an the spoil bank will remain. The opplicanL has additionally proposed the excavation Or a airculsiticr, out towards the base of the apoLl bank. This cut will he 30 'net wide ano -2 leet Oeep MM . This excavariu.n will involve -T.fOvirejelf !?G cubic yards. The sides of the ciruul+,-jtion cat will rinra.pDeif as will an approximate 50 Foot Inn, strip ui sub egged a.1ne runrnnc7 the spoil bank on the north side. The material to be removed is compacted marl. The purpose of chic PrO-- ject is to increase water circulation and ra provide fill material for, the sanitary MnMill site. Silt scre&nn will be utili2ed 6uring operation. The pro inch site is located on the eastern shoreline of Stock Taland, mouth 0, but adjacent to. U.S. 01 and extniulinq into Rego Chica Channel, whit,,,h connects the Cyulf ane,, the AtIcntiC. The channel from which the existing Nprjil hank was drodgeri corrcts a layve marino with Roca Chica Channel. on the other side of this channel, a much smaller amount of spoil was Por the rosL pnt, the waters in the vicinil, of the spoil inank are shallow an display saft, hnnMrs winh seaoranses. Tn the soush of the %poll hank and in artier of their accurence is a, trailer Ppyk, a cornoround, a boat retufacturina facility. a comrerciaal Fixhir� rprina and a fish louse. Dftsnory of this qencral area are n —nd rpny Free 'loatino liveaboard hoofn and as many Tunhen derelict Mats- The spoil bony in question was deposited before uermittino recuireverM, probably for the purpose of extablishinq dredge equiplient access. Al thou ah eroded somewhat on the north side due to b-1 iva", it reMe,Vz =1310v&y intact and Is presently being used by oany of the liveahoard boat resi- dents For rainland access. On Cho northern perimeter of this spoil ban1c, beginning at the base any' workino from west to cast, the shoreline retains a somewhat barren, rocky littoral Melt thaL erous off into channel depth on about -B feet Attachment 3 Mn. No emergent rrkorpline i,e a'taAt_ion exists on -:.his si6e of the bank. i'urther to the cast and still on the sane side, m qood many hard' I.,ol tom— as sociate•d organ f.gsKR were ra:tt8arved such as spbnues Qlat icl n a rubcnsli I starfish (Pohiriant r sen.tu.s ), thin shelled,, oysters (isc,itn®amtarr Q0 ._and �. calcareous atasaes (h+a3imeci� „al._}. in +acnor-a1r t:lae: bc+ttcrr< kauct::!rares rockier with, more nark nates io t o eastern end of the spoil birik, in contrast to looser, finer sediments rit?at i:la-e basal C'rArt which supports a dominant. ^rowtt o_il Ln,een algae (Eat- hcra s„;.) Chunred depths seem to stray away from. spit toward its eni- in these wik&e, shallow areas, turtr egrass ? ,al assia. testa inur l and shoaa.l- weea r r tt s5ule as<r:icthtii; have became esttabl%p7i� continuin-, around the et d cf .'F apit' ari.d for that entire lenrath c,l' L-he sanuthern perimeter of the upit, L!eleraa MLW. Mixed in with these •.aa ir.rasses On the southern ,side Are green altraes- (penic.iltp sp,.l aaa!4 hroun algaes (yracilar°i_a. sp.) The southern shoreline has a doom: mangy i#a,.'Mict and alaand7po6 vessels which have been lefk. or washed up r3n7o the s ai®. "t.`cnvar s the end of the sapid. hank, buttonwood (Canocarpus L .caa Kq) ,, and white m4DPf0vQs {Lanun- c.al.aria rza emosa) are the d€minar'Lt spec e:s oontait?ed within a. sractei7od Ad patchy mm71gL4a p fringe. ltaa• cianyr.i e fr..r.,qe is most distinguished. over the t:erminal, and nasal 400 feet, or the spoil, taarik: 'rhe. basal man.- grove fringe is made up primarily 01 black, ran?ro•,o aA-vicennia aerr.itro0o) and rain manrruvns (R izopura maanale) ,and is lusher. densZr, andmore ______ r,cihrprgent. in nature than t;ic tvri,s,tta!l manaro e .r:a.tge. This is due greaat'V to the higher degrees of on,'c:anic and detrital accom?ulat.on along, UUs ,tre ch of shoreli". Nit in ?han wangrove fringe on the soutr7 r,jde OF fhO sPoAl stank, a con^ siduraable; ar nant of trash, garbage and debris has been deposited and. ac:.-umm to teed.. IF all excavation is done above ML I,4' %es E ea horizontal oianeJ agar; little established henthic flora will be desti-c4on,11: rtlt.houqh the deptil 0 the eer.a:avatinn may be as low as one fact he"ten+- MLW (#`_gin a vertical pLa el it is felt that the bottom contours Will. find '-:heir own levels and that r°ec;evetat. on of s0aaaraas.cs, allgaes and _3ta ,fzlg re._' mangroves will occur in the lean term. Retention of the oxi,tLfiq mangroves wil; he di Irficu t to accomplish in the dredge area, lrro ev€fr, this loss should he less than significant con- sidering overall gains in water cirvulAtinn and the restoration of this area to i.ts or'a,ji.nal nature. An: additional positive impact will he t_is reduction of l i eaboa.rds and, their associated domestic wastes due Lo the partial eleminat.i,on of their mainland access, np TS R_SOL.^L) BY THE BC!1°,RD OF {;0101'.L•Y COMM38SIONERS CAC MC'92^R E COUNTY, FLORIDA, that: the atr.avu Rinlogical Assessment has, been read into the record and duly cunsideree:d pursuant to l'l,nYaiai Stariy.o 253_114 by the Board of Coon"Ly i'omnisszoners of Monroe County, Florida, tnLi:, 28th day of July 19 B.i at a regularly sihe;yosLed meeting. BOARD OF CCIt:N"SY CCL111iM.Y:.i,S ICYNE..RS •,`Ct' _ IV ra a,:A sea' At Attest sP"rrwa Clcrl� Attachment 3 I 'aS6ilhgimirla§�ler e7?,i34 .1Y=t C m •,"' He.[9ry F. Wel..�7��'an., un Slair,Q'lgirio 2 .° Bojildimq, Planning & Zonin, M@)*w,Prriiarl Ja#rry Herr78Q'd uz.Jr..,Disiricl..3 r MAYOR Gearpm EL IDS IWR,�IOVficl,4, x � P.0 sax R wn 2 1,6 Wing El . t -C T-s ary , Fla. � olu TY o O R E 3 4 IG.C-4'FEE S.T, r.0P 13A:131140 Mon-roe Mon-roe County Legal. Gep rtment €gels West, Florida 33040 Zf thuo ur.,i urs,i Ttu ,,. do hereby attcgt: that all atc-, in E c--rmatian is CompleLo in the package of tho applicant a,S, $:0 1.,1.Cry,+S- 1,., Cer .ific to of Complete Endo ua,.,e :,: Application fog i} t Site., Plan 5. Lipc tion Ma 6, County Biologist rbeepart ?. WEn, A,9SeSSM,--Mt B. gesolution �i wC -- Attachment 3 17 a FILL, 014 �_ 1t i! ��ia. A 1Jy,=11S IT 'a`I�La Y i rrk�, ()R HFTI %Prom O� �ItS�alr;l�E 1`) �'raaporty auma n:�+�v -S maal'AnS addr�.Av .2, !).aE o PC . City r`'at yev won't Key Wes. :, Florid 3.3 A 3) mil ine imumber 294 312 1 Cnntr cater ta® F.=L':� rMinL, mvllicmz nulffae'r, KeyColn�'�ff 41: simonton street. q3?5 -€ 7 1 r„ t�.i.t-Ed of 'YF fix+ lE,E.,° 01, ,} s r J m.w.Q'. Cult rn� pcarrfC �•s��.� �.3G 4�c.=t�1->t�*o.L� .... .n.a9erv:�wm:;��V:� a ,.,I„y.�:,i.ya a;, .aa.;,nz;�x. ra op:8'7'F Attachment 3 r—T ,, I—IF-- _AT I C -1:0U rY �11R �X'A'.,W7To'j PUL "INICTURAL, FL ACT["_TJr P,' 111' AT P77 OR 14FTt`A�',17ji'fj�Kj, 0 4�Po IT P"PertY uifner!, n4jre 4 ,ijinr C i ty 0 f Key L POSt Offi-e Cox 1H Ar6l 71, 19;3 Key West, F?o-idd 3304�) 00-3) 2 -1722 ----------- -KEYCO'MgY, INCOT110rat.ed nddre�.Aqj P!LonL & 4i.1 Simonton )t rpqzt Key, Uezt, Florida 330140 rl'Zn;_ al J� C r 17 r� F Q C t ton .35/36 Y. StD-,k [Sldhd Ll bd 9.w I,s i,,,. N/A rown s,,lip 2,0 L Unrpcord�!d Run q b. 25 ___ Ilork. N/A 0 if—7c—rc I f"e t r t 0 r or, ,.a 0 In P L3.urpl Avenue tl r1oetibe tile Tr.p"se"! activity. Or qc jnrtr Wtic arRoblt O _tetLml(In clhIc yard.), tPho XZav'1Lc.j or dtojj1rT purpoOq intend -:aa1)F vToj oCt, vxi tin sppil oank in Boca Ui ca Ray f'iJ`rr�sa increase waterOrc4ditio-j an etiIiZe f.jl Plater'al d at My Of KEY best sanitary landfill site, Rerxval Pe-fUrnp.d by hackhoe and tnuc*ed to q oij site Via donp trucks. Silt SC r.e rs Shall bc utilized during OPLre,,tiOn. p d I'll led voltlme itAter2."11. I.?w r C a4 d i a i ri i R!! f prvperty otmorn -whose vdEmr '4ay. John I P property affroftts Jan Dow6i I c�/L, CTiffOrd Clark ];,arieta L., Capps Clar-k 9 LivWjStOne ' -a'Aler Court 763L' PFe Road, Suite 225 Stock IslandT Key hi'eSt, Florida 33040 a)—11sr atilL, s'ig Uq, a r a p P I rl—r this I mp P r 1 a r sI a n 77 R[A -T If APPlication hna been a,lb,?tte.1 for (OT ®nary similar) in th�! d pm", exl)""'O rGaso.1 Ear ft aP-P'IfCaLiorj .,,tl Ifforent fyom curLen RiVe aPplicant'.3 saL� if N/A 8 L n11 Pe pr"j ee.t I ty -of KJF:y We$t . ac :0.. for State Of Floridat 0FR Carps of Engine-er'PT's Thj.q eamPleted APP"Cot'an 'O'rth will 69 Arcomp,nivd by the fmll.awknK, ar Et wttl NOT BE a) Two dri'W5'vq%. 8lf sod cro.* .,tcf4on of' Eai Arpi,icitton or-cemq'Ing frit $25-90 for dFe4l'M fill, dockm (IR 4.y qtkuct_f, .f'roft1tmR n*Cura'1 water b odffor Ttiell$25.sO for Any combi nAEfon of th* Abq",L- clevitle, APPticalior Is hereby mode for dL Pern't tea �UthcrftrF Th-- IcTIVItip- dEv,r1W,d' vrqjFt. 1 ce""ytin t 1 Afm ftmLllar wlth the 00"I'-7ined 9n thIF A PPlIcItEon, .0d, kmojedge 46 ii,etiq reach 1,n _tloo iT, rru*, furthes C@"[Efy th" I T09ileI4 the lkuth.FFFy to Un«,jqyrt,lv th,{:r , jmg, All ptovjqjpn* of taws And oTdfnimce8 9--orning thin typt, of wt'rk wL it bm ramplied with whother *pvejfjLhereind herein or Not. TN# n ItA� t1oa rerm,t dneA "t prep- t. at— ""'wlty tO "01"Ev OF UP-1 the prnvislaol% of Iry , - ''v Itmeq or f@dqT'A] law ragul tiny, cWaq,truetoor or PE'formAnce of coh4tructilmol of of r'lriltty' 'or De7lartne,nt, 1lq,, Mrt F.'19"d UAKQe LT�I-PCtor Attachment 3 ` v Ke Cols . W =W=Mam$i.Kvv Wr t.FiL 3. . -th9 a 2 k o ,?.. r 4J a �..�'�,..,�,�d�+e V m fir„ t,"-'°i"'"�e�_ ` .I�,'' �i.��" �f:t`w�6 S�'`�'�•�.��C.:LL � -..n— :—.. ,p�, ; �g: s, "T `'�'L a rY M, vr, f, `I�h347"�C nup USESH }ei r �g rat° ° n, a . "' „. A F 'fir dw j. iDJ k CB,I1 PROPER N *, 14Boca AM Bay � ,•,- AT, Stuck Wand 1 ! `r�• u� �11 4P COUNTf C9ft � e SKET 1 Or ter„ � AMMAnu Cht.y of Key west Attachment 3 q of , Inca '� d4$`Jrnaa+u�dn 9.M® 9 ear FL IM40 2J4_€d"19 Re 2 A Pi +M, ." - �r'Si1"° R a� ;. � a..fie... ., e — S '"•IP:.:� � ...... .�_..,. i -` s � �„,{ram"° _r_'� •7 �*.,.. ��+ii l��Baa,c ffia�4�� . �R, " r • v # ' •„� t a a ry��34 ar +J ° .- ��;� � rip,' i. "_i1•.+m ra,rrf+r tx easf,S X �. 5 a .'�.i�.�t`-�✓�°. '�'t &.,°�" �;�'' . ■�, 4" tea: � i � v �' re lea ° � a � .t I �� 'tee Marc S7a�`�•�xai s� s #� ��,� a ., �.6Yu xnm°+xme • a ill,xwr^ t+'"�" n y ° `�&` �,F' � �`a �,. �' .. �� 4i _ �x• - 4 i Sl.tFT 2 OffIDIOM ' ,.,.__ Attachment 3 DEPARTMENTAL CORRESPONDENCE Am jr,:C T 111 i 1 lam"—A�r'"'Wn ------ ugr Nom A-5- �j a 3 S I rr n,fq;ouru 'Tn—, Lzv2rf-I rune: TIOnA. ThEn pvCkrt I= rIvianwl af in The GLy, nf !my 7fiat In aqDrnQnnCQy 7,L11 ref drqeqn 1pnik. from noon Cairn :v,a> Th" W"Ot! ARY; iS UM7ort,wd tn �nvu avaranq wida Ot. Ion, and in Et, :-Pny J�ottoT., nbove Cily® nurrounmr, Apparantly t4e Inn, yno was nxro"Lej- 7"Or :1 'Art! 1973. preawt time, rc,j and -owite wtn3ravas are n00%nn Alonr thr nmuvLarn Wre me "Poll hn", 111"05 'Inn altn trni.,! nn-f Tn ine"mza uttiOn t!'Je An "core naWrial "ill 60 "nOW U" rMtUrll Lhe Um nrtjoai AcIt " n1d mam"ur. 7V TUATILa's ra"Yal a- c'pj ;po r7 -jjtj ny,&O, VA!.- '11.1-vow A,12 ta Jvlwa We ;w,"Y 07"aAaL contiowN co "Apr wjrA 11!7 !KjL,t, Carl P� c ak 1 1 r-"m!I' t m I"n 11. n7,,� i�r i il_ 1 X; "w"M 4 Oaa =urrvKKLwAn,rn- tl— lr7"t ; — OALWO fTw, jqt�i Qt,. r o r," e,t t 4,% JnL r 17VV21 11�"L '117' Z1 'rjljowt' Attachment 3 Keycohm, Inc. 414 SIManigna St)(,#y WCjk FL 23M ;��jj gn_2M July 7, 1981 YG# JaCq Uelyn Fr ail MoMrOv Cownty Building Dept, PubliG Servicep Building Wi,ag II, Stouk Island Key. `.7!est, Florida 33001.,o D-eax Jac k.:1-4,r RE: r"ity of fey wasti OtOCI'l 161'and WOU11i YOU 'Dlease have the -eRe10-9,06 biGlogitaa report, rip-ad i 1_tc, iho mirute-0 Df the next ochedulod C;ounty CO -onionbeating, Thao mill aloo be road into the nut-es of the city counail r,eeting,' Thank you. Sin,cererly, f. Lynn 19,# Kephart Ehvironmental Planner LRY/db Ewa., Attachment 3 4:. BOB GRAIMM 3 1 tOLb�riV ME U4EVa Rd' COVERMEM pU147A-Ufl.DA5 rt Evil 10,A 3393 ADDS 47.'4'J��IRI $ids-fE OFF LOAMA. DEPARTMENT OF ENVIRONMENTAL REOULATION' SOUTH FLDRIDA BRANCH OFFICE June 26, 1901 city of Ye3 West CIO Key 17e10'9;y r Ilan 4,14 Sinrinf-on Stseut Key WeE ,, Florida 3.304 county, jiie Flom 4-42.433-5, Spoil. flank R"emov al Cent I.emcil Ax Eo- wi§ advised you on JUE%d 1981. ,..� y our. ap lica.t'or is j..r,cemp t" without 10 al s pu--a .a.t to -e tiexh .a ,124 a Florida Statutes r for fiLlinq wate and of ti:= : existing l a ./ cr ira3 high water li�ie- pligl,se subm.1t the ranc�osed -ropy of, our biblbgical cca=-Ients t0q0ther with your permIt applicatio t6 tho Sward 6fs. b st , i s s ion ers il their authcrizt , i tiny authority'. S lt ioa! 53. Florida Statuteg,. State-9 th t, the our ty o s i`crfcity council shp1 1 have in ha,n +Zh (bin7o is I� repo F and f nda.t��I � Z,eof It; f -t?l � t;ates "The roper sha11 be read into the ri ccc rd and' duly cons-,",dered at, the, see use tin a: w�`ich is h6iird 0` ou ty com. ssior.eg or other a-jt�Larized body thkafra dial action on the appli"cati,�lt fr Cat e" you will' need, eo obtain y+ eat` tt MA-Mutes of the �,a tirg. far' an a rop iate I idictti n ot" thia local dparcvai. hl', letter, *sac`l.u,*i t Q. Copy of the miznutos should be sttt. to t fti o f le,o. yoqr applicatior- wij1 rerma n inccrp,'Leta it;-n'w;t va,lid ap grov&3'.. 'If ;you. a�vm any qt! , r.9 ccn ernl thlz r csdut * please contact us. '71."I ere ly f d Attachment 3 C. 0,17 KF'Y " 044-42433-A Hollroo County, SLiock Tsland Page TV,) A. The appiicaw proposes the Pxuavation of the terminal 1080 feet of an OXisti-l'; spoil batik, !.rzvo1v1nF,' aPtaxifnatel,y 3.25D cubic. v d a'2:(,I:s andwa.7 t'� 420 cutic YI-r'ds wate-r-ward of mlj,14, ROMDval be perforned by backhoo and so, it a from the re.=val will be r.rutked to KeY West's satitziry lztjza�fj11, sj,te, longth of the entire spoil. bai lz j.r, I one-half tnilem Lanz,. The wrigilial a0licarlon subnAted blled rhis entire _qp;4L down to thu ML,.1 If,n:e OPProxim,',trely cbre.c feet down from the exi,sting je,-ation) . The most recent applicatio- ft Cal.15 for aX.C«IVsALiolj, of oy:e, half je t.sd-L (ap�i,rvximaceiy nn,e Df a mile) To a dv0Lrh a,' one fo(lt below, Miw. Tjj.e width Of tbn Spoil bank avr;r�1p2.q_abvur_ 3 D f ee c,E, Presently exiRting, on tiiv spol',l hank will remain Tne applicant Ilan addiLi,o-.q,a:ly proposed the excavation of a circu- lactotl: cut towarids 'them basc! A the Moil ep (MSL),. ThAs Px'o-Ava.tion will, involve A feet wide and - A1 feet 7his cut will be 1JQ cubic yatds. The sides of the circUlArian cut will be riprapped a� will an. apnroximatc f oo t long, strip of sn,onnergeO land rj4ririn ,,, parallel to the sRoil bank, On the imrth side, TI",Q to bu renovet ,s p CCIMPOCLed, Th putpu of tzoJecr: to i creR water ircuation nnd z� Pro id � di 21 MA Sal far the sanitar y landfill site. v L ter- Screen' Will be UtilIZAL'd 1111riTIP, OPOVution, It The pry jOUL sitv is l0rated on the easror,,,n shoreline of Stock Island, a!' i;)Ut adoWent to„ U'Ar #1 ond KXL-undi,,jp� inti Ch o Boca ica - _1 Y C'o'imects the Gulf and the A'Llanc7zc The channic.l. from WhIch Lhe k.xisting 5?,r�jj, hln'4% ,4as dr'udged connects; A lar�"o n.�.mrina w%,t-h On We oCher side of this &.00 1, MOSI Par ,? Much smal"or amount Of Wi 1 %ws "Pomkod. For th[,! rhe watera in thv vivEniry w' JI& banV are p,�Iajlaw and display soft bar"vn with ale' the South of the SPO" b ar['4 re al in 0V',2" 0 Ce is ?T their ur, n rrai >: pa&-_ a c.gqp.. COMM-1al fishing Marine and a fish houa, WfAhOre of thi;s 9'a" Or" art a good Mauy from flawina live ahowd buars and a�;many sulkun derelirr boats. ' n q U M" 10 n Wa b efo r�- tl'e r m JT Fe.i ng r ej ui r e- rwnin , PrObablY fOr thu purpose of drodEe aq%HpTi;vnr, Attachment 3 C17Y OF KEY WF97 *4042433-4.' Mcnroe Counry - S'uoe 1,sland Page Three access. Altbough eroded on the iorth due to b0z C, wmhe. it xemoins relatively intact and 3 s presen used tly being ud by rany of the livea*ooard boat residents fir mainland arresv C. On the northern perimerov of this spoil bank., beginning ,.it, the ba,se and working from W08E Lo east, the shoreline reriins a somewhat barren, rocky littoral shelf chat drovs it i!1L,) channel deoths of abo-at -81 fatq shbr n elinn vq;�tatio ex,isr_s on L,,hit. gala.' cf the bank. FuxtheT to cbe- C@SL and srill On the care side, a good many hard borr(M-tissociatfA orgy nism�, were sulch as , Eh 'ehinast r is) , thin sponges (Maliclona rzhPns), star!is s -te I lea! oy�,_[ors i r,7pRoiW5 n gp and C.71 L,a—re r)1,1'�� n jues (Ralimeda sP. ) . It genexal, rl.e_t-_cxttom becone8 rock,ir-r with, -.no re carbonateg t:o the eastern and of the spoi-,, bariR, in contrast to I'lo,os-er, finer near the NaSnl end Whi(,'.q , SU Ps a domnax.t gro ,th F.roen algae sp.) . f 0 Channel depl:]fts seem to SLrey aWay fron the spir tovard irs, "d. Ln these wider, -shallow areas, tuttlegrass Q— "11±11assfa and. shovilweed Qlalodulo wrj±htii) have become 6— is cc n tin- zing around the L1aFWT' tQ slit and for the entire length of the sou:hIfn Perinerer of the spit helow M11J., Mimp-d ;,r,. qvi!h these seagrasses on Me 8D-ithern side are green. ali,,;Jes, and bromi algntns (Gra ri1.cila sp.). . : Th.e southern nhore.line has a good many dvrelict and, abandoned vessals which been 20C or washed up Onto the spir,, 70-ward s rhe cent! ,af t-jjf, 4�i,)Qj1. band _ bUttOnviol (Crn.,ocarTxus 'Vvc a( t ne, rlangrovos Suecies c c n t a i n(�,-,J wi thiin, u-, TO�HQWTU a.no Pat cl-*� Itia ngrov e :.r inge this -mangrove fringe is M06t dis7inguished, ovvr the terminal and basal 400 feez Of tfe spoil 11ark. 7ho basal npan, ruve fringe is made up, primarily of black mangrm0s (Avic p.,ji;.j gerrnin ins) ani,� -red niang,rovps is 1USW_r_,,_dC`_1i.,, �7`t" , "1170 TM),-C! -SLAINPergent in a7sla Eric ter&nal mangr VQ Frinpo Thiss is duu- grently to thp hQher degree of organic amd dctrir,J_il accerm,,I_.,tj:�,c,,yn jj,,_,O�no, this Sunutch of sjjO,rk,jinL,_ ASK 0-e fringe On Lho Muth side of the souil bnok, a clmsidvrahlP Mount of rrosh, garQ,,LL,,o Ptld, d(M-iq P148 been dr-p o8,i tv d D if all CxCaVaLQn A do-le ii't—P MIJA' ;i hnrizont.A! very lil: N —1,011,01a henchl: flora W11 W MLnyed. A!Anugh ChL, "knot W tha excuvctinn many ga ag 10v: as Ono foot QW; HUJ '! Vert 401 PWO) tL is fohr that tW, b0ttom, cLn.,,,!:oLjrs'. 'will Attachment 3 CITY Of KEY WE M-42433-51-' Monroe Cottricy - S�oek Island Page Four their own levelt and thAt revegetwion al.g-d,es and possibly re mangroves Will Ocrur in the loog term, KeLention of the exiscing nangroves will be dif!Eicu3r to accompliAh to the dredge area, homever, t'his 10qf, '010431,d ixt Ie-,99 than -cigrlifi- cnnr cunsideAln—p overall gaws in unter ai-kd th� ,-. rest or- this area to its orij,g r q U in, I ;rtai,t re. An additional positive impact will he the reduction of liwaboards and theur associared dumestic wastes due to the Partial elimination C4 their maii7niand access. Attachment 4 County r O�Monroe /�O Oe TI - BOARD OR COUNTY COMMISSIONERS U11h�/ M W1 I `1 Mayor Sylvia J.Murphy,District 5 Mayor Pro Tem Danny L.Kolhage,District 1 The T7 �' l he FlOI1da.Keys � _�� 4�1t � Jj g- Michelle Coldiron District 2 1� d' Heather Carruthers,District 3 David Rice,District 4 Robert B.Shillinger,County Attorney" Pedro J.Mercado,Assistant Comity Attorney** Office of the County Attorney Cynthia L.Hall,Assistant Comity Attorney** 1111 12"'Street,Suite 408 Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040 Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax Peter H.Morris,Assistant County Attorney** Patricia Fables,Assistant County Attorney Chris Ambrosio,Assistant County Attorney** Paunece Scull,Assistant Comity Attorney **Board Certified in City,Comity&Local Govt.Law August 6, 2019 Cheryl Cioffari Acting Senior Director Monroe County Planning & Environmental Resources Department 2798 Overseas Highway Marathon, Florida 33050 Re: Laurel Avenue Riaht-of-Way and TIITF Certificate for Filled Lands Dear Senior Director Cioffari: I am enclosing the August 5, 2019, memorandum of law of Adele Virginia Stones, Esq., expanding the scope of Ms. Stones's initial inquiry and resulting opinion letter of December 9, 2014, that addressed the question of ownership of the dredged material(fill) which forms the peninsula of land (the"peninsula land" or the "subject property") which lies to the east of the Laurel Avenue terminus on Stock Island, Monroe County, Florida, beyond the platted Laurel Avenue right-of- way. The enclosed memorandum reaffirms Ms. Stones's December 2014 legal opinion that Monroe County has no title ownership interest in the peninsula land, and opines that the County may apply to the Board of Trustees for the Internal Improvement Trust Fund (the "State")I for a Certificate documenting the waterward boundary of the Laurel Avenue right-of-way so as to enable the State to disclaim State ownership of any qualified, artificially filled bay-bottom meeting the requirements of Section 253.12, et seq.2 On April 17, 2019, the Monroe County Board of County Commissioners (the"BOCC") unanimously approved a motion to table Item P.3, entitled, in pertinent part, as "[a]pproval of a resolution renouncing and disclaiming any right of the County and the public in and to the right-of- way of a portion of Laurel Avenue in Maloney's Subdivision of Stock Island," until a Development Agreement anticipated for the adjoining parcel to the south of the subject-right-of- way is presented to the BOCC. A public hearing is scheduled for the BOCC's upcoming regular August 21, 2019, meeting, to consider a proposed Ordinance seeking to amend the Monroe County Comprehensive Plan by amending Comprehensive Plan Policy 101.5.25 to allow for a density bonus for site-specific policies, creating Goal 111 and Objective 111.1 to incentivize affordable housing on Stock Island, t In the interest of technical clarity,as the State of Florida Department of Environmental Protection("FDEP")serves as staff to the Board of Trustees for the Internal Improvement Trust fund,such an application would be submitted to FDEP. 2 Such FDEP Certificates neither constitute a real property deed in favor of one party or another, nor convey title ownership of the real property to which they refer to any party. Attachment 4 creating Policy 111.1.1 ("Stock Island Workforce Subarea 1"), establishing the boundary of Stock Island Workforce Subarea 1, limiting the permitted uses of the subarea to deed-restricted affordable housing dwelling units, establishing the maximum net density for affordable housing, height, and off-street parking requirements in the subarea, and eliminating allocated density and floor area for properties located at 6325 First Street, 6125 Second Street, and 5700 Laurel Avenue on Stock Island as proposed by Wreckers Cay Apartments at Stock Island, LLC. The enclosed memorandum ties together with the foregoing August 21, 2019, BOCC agenda item in that the land area subject to the above-referenced Comprehensive Plan text amendment shall increase or decrease depending upon whether or not the peninsula land forming the object of Ms. Stones's analyses and conclusions is ultimately made subject to an approved road abandonment or a public easement claim. Yours truly, IS/Peter H. Morris Peter H. Morris, Esq. Enclosure cc: Assistant County Administrator Christine Hurley Attachment 4 OROPEZA S "T"ON E S CARDENAS A T T 0 P N E Y S A T L A W U' GORY I OPIEZA 4d' PHE ',/HRG-,',;NA N', CARDENAS August 5, 2019 Robert B. Shillinger, Monroe County Attorney Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 RE: Laurel Avenue�,ht-�of-Wav and TIITF Certificate for Filled Lands Dear Mr. Shillinger: You have asked that I expand on the scope of the initial inquiry and resulting opinion letter that was requested by you and contained in my letter of December 9, 2014. 1 was asked to render an opinion as tothe ownership oft e dredged material (fill) which forms the peninsula("peninsula land") which lies to the east oft e Laurel Avenue terminus, located on Stock Island, Monroe County, Florida, as it relates to the Laurel Avenue right-of-way and public access to open water. Based upon my review of the law,the known facts and existing documents, in the context of the scope of inquiry directed at that time, there was no record evidence to establish or support the idea that the subject peninsula land was dedicated as public right-of-way, accepted as a right-of- way, or maintained by the County continuously for greater than four(4) years as required to establish a right-of-way as a matter of law. See Florida Statute § 95.3 6 1(1). Moreover, Monroe County has no current ownership interest' in the peninsula land lying east of the platted Laurel Avenue right-of-way. However,the purpose of this letter is to address Monroe County's eligibility to apply for and receive a Certificate from the State of Florida-Department of Environmental Protection(FDEP)redefining the wate boundary of the Laurel Avenue right-of-way resulting in the extension of the Laurel Avenue right-of-way, including public access to the water lying below the mean high-water line as established by the process set forth in Chapter 253, Floridd Statutes. Mon-roe County holds the Laurel Avenue right-of-way in trust for the public,pursuant to the recorded plat and common law of dedication. The platted right-of-way terminus located at the highwater line oft e eastern shoreline extant at date of plat (19 11)renders Monroe County as a holder in trust, an upland riparian property"owner". As such, Monroe County is eligible to apply For purposes of this memorandum,"ownership"should be understood as synonymous with the to "title ownership." I of 2 FE L 305,294,0252 30529457 P Attachment 4 Robert Shillinger, County Attorney Monroe County Attorney's Office August 5,2019 Page 2 ----------- for and is likely to receive a Certificate from the Trustee of the Internal Improvement Trust Fund of the State of Florida, ("TllTF") which redefines the ovate and boundary of the Laurel Avenue right-of-way. The Certificate is not a deed, nor does it convey ownership. The purpose of the Certificate is to disclaim State ownership of any(qualified) artificially filled bay-bottom meeting the requirements of Florida Statutes Chapter 253.12, et seq. I hope this clarifies the option available to Monroe County should it desire to pursue said extension of Laurel Avenue in order to hold same in trust for the public access across the peninsula land to the open water. Sincerely yours, Adele V. Stones, Esq. c: P. Morris. Document List: 1) McDonalds 1910 Plat of Stock Island Lots, recorded at Plat Book 1,page 55, of the Public Records of Monroe County, Florida 2) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 19962 dated January 2, 1952 3) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 22143 dated December 18, 1963 4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971 5) Phillips & Trice Sketch to Dredge & Fill Application for Block 23 dated October 11, 1971 6) R.E. Reece survey dated July 16,2009, Legal Description for Proposed Road Abandonment 7) E-mail exchange between Assistant County Attorney Susan Grimsley and Monroe County Public Works Staff dated April 2, 2014 8) Letter dated June 6, 2014 from Rod A. Maddox, Florida Department of Environmental Protection regarding ownership of fill placed wate of Laurel Avenue right-of-way 2 of 2 Attachment 4 ATTACHMENT 1 Attachment 4 lop - , . gip• r •j 1.�., \ a + • e .• _ � ` • +° °+ a,1",as e zC y ? + ♦J; •marl: kp �L . /. ti w a• •fie +SJ \ J • + �11 qq o t • . / Er kY + S V4 / c,J • '. _ t • : � � 1. a _ i a _ • r 1 e r it , a • e t . • s i � r i Attachment 4 ATTACHMENT 2 Attachment 4 muse t mb � � Dggp mn_ 19962 $66 of soft POW ALL b1 N HT Tim PRUMNUS That them tha Tttmteee of tozotaeel Iee• had e<flee Ohio d4 d for sad ns _ _ oM i - - •e � 00 Q - AC) DWAR$r to than.In bead paw � d the Wooiii,i- _ gas, r �3+b_rlde baeaaRed u d a4 and do by ew peeeaob Zwk bug tq,nett .Oats*9 o fawft doom"bm"10 alk: On A psroel of bst bottom land in the Straits at Florlde, smt at ana part or Sloeb of a ddiivieasiota Of oorernment Lora 11. 1 ; 6o Be kl u 3ja� a=b• Lot 2s wallas 36e Ow lt 3 Meet 36 Cued �urament tot 2s Section A all !u 'ownshigZ:3;m� Boup 95 Us$ an Suck s ��4e nw1dw imA plat Hook 1. At Page 35 MA0 Aeaords of !snares O�tp. p3orldas sad as tleawly ;b folloxet <tommeaaitIT at the Intersection. of the on% 34ne or Seaund street sad the north Un of Seat Leotrel AVenUe# rus mat AJI tha aorta line of ft5t Leurel Aaewue for a dieteoar of 320 rest, mere or less to the point of begs of the pmai or bey bottom UVA hwo- inaf,er dAsGrI saM point or begiauieg be�iag on the of the Straits or Fipri.ta ft" eeid SCAM of 3eaa3>zB o�t3emics east along the 3wrth, lifts or mason Lama! Aweaw is for a. tanoe of No rest to a polutj theswe at rlit eaglet and bwth for it distance of 290 rests muse or teen, to the orly rigbt"f• SW 11ae of a. 9. usagsaw Nod is thaws an so utheesteriy right.O -val 12M or U& S. Highwar Sof l for taaae of 900 feete nove or lasso book to as at. alittei thsetos asuaw tke eharesln.e 3t. s MthWtWIr direetioat for s djUnWe or 1?0 t is MPG or Zones boot. to the point of b . Coat 4.3 . more or lease and 34 and belug in twunJohli 67 Souths hinds as Vast, ttouroe CoI grids. contatalow -4.3 WAft 4W - _.,and lopff and betas to the f)OWI.q ot_R__..Roafte — is and Sima,Of Fkdda. TO IAVZ AND TO BGT+t? 6 ebmSfwWSW djggdWqz=ku towor_ gSAAVDM AM RBMVJXG 1a1be the eU Teatbeae d the?a_taml of Florh*wd tturr M- )e m �y ad tetle to as andeddad all b lap ba Po.oa ar cloth the ppp��3r�Sp�e to��a•�*e/.a�7" S. tI.JMX REMMATIQNBe (AoeA) WXBUWtheta ne t" "d d�UWARIBUM OF AOMMSM or TSR BBrAMS OF FLORIDA to be he"apto a!fU4 at the Capitol to tW City d TaOabuaee.oa th4 thaw.ftd&_ y d .)a a r ®�A.D.Nhwh=Humb d gK19 seat ttoo Fuller Warren NW-Mnd 4• Navarro Commaow.eer Key West, rlortde C. X. Gay December 7th, 1932 ` ) J. ft"In Larson � ' TS�087�5 L I.FM Richard W. s ron, �) Anawwolowd `�tt�igAL) Nathan. Elate DWAZO=OF AORICCW.TU3tn ooasnnh.r of Aptratt m As 80ND OF Attachment 4 ATTACHMENT 3 Attachment 4 , tp�e MI Wp M_U_3 t361-K} t 'Elm an JM a d C I ad ,J'w sad� of do low d --nffila tcs. add a r cad wd Nunn 159mbbudPW obw how,Own" bLvbw N a d UK sad do b7 m s .bupk me sad aterq�aete cad B paraal Of'subworw INK Lm thtoa ChLea Chabel a t to G04MOMAt Zst 2, tleation 33. lamthip 67 Aoat$. 23 ZMt# fi ' 4usr• PLULda, and loll ham tM lrortb"Gt Carnes of cloak 32, according to plAt t:LtW •All Lots 1, 2, 3, 3, 6, sec os 3St Mat 2, gsotUM 36s 7mt 3. ssatAm 26l Lot 2, asetioo 34, ma SJ3tM, rad"Up 67 J9oath, 2S 2trrat�•. as s+soor&d im plat Book 10 pa" 35. 7. Faaeade of MOUGG minty, ylesidel go a as1Y along the costh Une of *&Ld Bloch 32, a dLs- t:atiee o! 360 1.1t, lose or lase. to a Point an the shosoliae. Of thMs CUiCa Chameml. WdCh jl"Ut it MA SOLnt of tiegrianitgl aantinua easterly 410mg the sane lice axtondsd lento the ire al sacs. Chian L a aseta&as of goo to a pout= than= at sight moles axed son_ � a s of 260 etreetl n" at n tta � o toryy aBlods 3s&id to M s3 osa t a dIStAMM e! M feet, or 1 a, s the a b�t�toot Sala! o! dis t st o! 870 la , as 3.70 meet ssd nd bohM Jb the C scab a .to add Saft at 3addI6 TO 8AVS AND 20 MLD add - - ,. MVUW AM toe DdMlep Jb sod6Z SO C►t7 W 20=VATTo M- Now . ssmte 16e1e +�c11 t�aie m * OF 'l/tltiIDl!is at�ai�td.!o!IM Cttdr d ,>�u.. late a.. - s A.A NW=Awwas t i L%t r 9WALArAmmor AItiCtlLtB . . . WOND CWl Attachment 4 ATTACHMENT 4 Attachment 4 tr , } s t ti i e i t i+ 1 • Attachment 4 ATTACHMENT 5 Attachment 4 � 5 � O I ., i t 1 1 Mrwa �o�N� rssa i Attachment 4 ATTACHMENT 6 Attachment 4 loo us Of •` �' M' DO ® � a ° a 6 � . b ,1 cif"°atSlCr f!3�®e0! F s °� 6 fib f(!(°°ll�t i �i � �� '• � g ` i �S ®®.;i �{fi S'tiif i ilia i t i� sfsff�(( g iEiEn ; isfrAn,�E [rP t ® a r 3 0 ®k €AAA �y ifs' cFc`x •—;°. = — a Q e: I Hill 9}l3are f!p! �I$tti MIN, 'illt D ' ® ® N_Z N 1 6EA��®y £ °it�At FF I C gp y Ae€f fill EE°c�ppF@ �` F ®�° G 1aNNYuo tl71H7 VDOQ +� •1= Afir i9 ---n°osa Hum fig. • ss ° y I Attachment 4 ATTACHMENT 7 Attachment 4 From: ri rsl y-Susan [ rirrrsley- usan rnonro county- . ov] Sent: Wednesday,August 1 , 20144:48 PM : Ginny Stores( inny koyslaw.net) Subject: : Laurel Avenue Attachments: lrrrago00 .pr ® irrrago 05.j m 1rna e006Jp See below QR " Susan Grimsley,Asst. County Attorney 1111 12th Street, Suite 403 Key West,FL 33040 305.22. 70 05.292. 516(fax) C Marathon Telephone 305.299.2500 CITY,COUNTY GOyERNMENf LAW From: Clarke-Judith Sent: Wednesday,April 0 , 21 1: 1 PIS : rimsle -Susan Subject: F : Laurel Avenue Sera from y iphone Lae-in fomarded message: From: "Slavikffi arty" < l vi - _ ,,8 .._....onroe ou t�-FL Gov: To: "Pierce-Dent" <Pi rp _lentr o..... ounty Ff ov> c: "Leto-Beth" <Leto_ t l'fir-. onrpeC ount\ L,.Gov>, "Clarke-Judith" < lar e- Jud:th i o a oecount�'- 1,"20 Subject: Laurel Avenue Hello Susan, 1 have some Information on laurel avenue.The no.w. is 15 feet each way from the center line.And o r w. Roes past the pavement about 3 feet mT e no dumping suns and nine button suns were To ue tedby f sheriffs c i indloi"'m—a—int'anance we sweep the road ,weed eat the fence line and do shoulder work.work.The chain was not put up by Monroe county, Marty J. Slavik, Supervisor Monroe County Road Department 3583 South Roosevelt Blvd. Key Vest, FL 3 040 (30 )295-5193 1avik-martv0) onro u tv-fl.gov<m iIto: lavi r itt (i, am L oecqunt�- 1.L_ov= Delp us help you: Please take a moment to complete our customer satisfaction survey: httL)://monroecofl.virtualtownhall.net/P,q(les/MonroeCoFL eb ocs/ess Your feedback is important to us! please Mote: Florida has a very broad records law. Most written communications to or from the county regarding county business are public records r Attachment 4 available to the public and media upon request. Your e-mail conversations may be subject to public disclosure. From: Pierce-Dent Sent: Tuesday,April 01,2014 2:36 PM To: Slavik-Marty Cc:Leto-Beth; Clarke-Judith Subject: FW: Laurel Avenue Marty, Please respond to the maintenance question and any other information. Thanks Dent Pierce Public Works Director 1100 Simonton St., Rut. 2-23 1 Key'West,FL 33040 Office: 305-292-4560 Fax: 305-292-4558 fierce-dentrii.imonroecountN,-fl.eov<mailto.-jiLer�e-,d! n r onroecqqr vJIuov> [First to Respond Monroe County Public Works Last to Leave] From: Grimsley-Susan Sent: Tuesday, April 01, 2014 2:31 PM To:Pierce-Dent Cc: Clarke-Judith Subject: Laurel Avenue The cast end of Laurel dead ends between Murray Marine and the mobile home park . Can you tell one bow wide our ROW is?Does it stop where the pavement stops? Are the no dumping signs and chain the county's or were they put up privately? What about maintenance?Have we ever gone further than the pavement? Any information would be appreciated. [Description: Description: Description: Description: City-County-LocalGovt]Su.san Grunsley, Asst. County Attorney I I I I 12th Street, Suite 408 Key West,FL 33040 305.2923470 305.292.3516 (fax) Marathon Telephone 305.289.2500 2 Attachment 4 ATTACHMENT 8 Attachment 4 ® RICK SCOTr GOVERNOR ENviRoNmmNTALPRoTFcTioN CARLOS LOPEZ-CANTERA MARJO Y STONEMAN LI O3900 LT.GOVERNOR _ COMMONWEALTHBOULEVARD ERSC EL T.VINYARD M T & L - SECRE'rARY June 6,2014 RECEIVED Susan Grinisley,Assistant County Attorney Monroe County MONROE 1 ` COUNTY FloridaKey West� Dear ® 1 Laurel Avenue Spit,Stock Island; This is in car a letter that addresses what interest Trustees of the Internal Improvement Trust Fund has in a sit of land lyi o Avenue.Laurel i is located io 35,Township 67 South,Range 25 East Board of Trustees records currently on fileoffice indicate landslying and to the south of the extendedt®o lines of Laurel Avenue into c °c Channel were conveyed y Board of Trustees Deed Nos. 19962 and 22143(341-44). Records indicate the fill was placedto e road right-of-wayprior to July 1, 1975. Therefore,pursuamt to Chapter 5 . ),Florida Statues,the filled lands may not be state owned if all other criteria of the statute are met. Copies of the referenced documentse enclosed or your information. officeIf this of any fintherassistance regarding this determination,please address your questions to Melanie Knapp, Government Operations Consultant 11,mail station No. 108 at the above letterhead es ,or by telephone a )245-280 1. j Sincerely, Rod A.Maddox,PSM,Programa ,er Office of Survey and Mapping Division of State enclosures F.% L 191 e4 I Ave S ittl c Is d. oc I Avej it-Stock Island.docx i www.dep.state fl.us I Attachment 4 kl Ito r �l. I r �=s K a: 0. I 6; y F� y rl i *<a , gle earth feet 900 300 I' I t :.......... . Attachment 4 i 1 Feed Nos 19962 &22143(34144) at Laurel Ave. -Stock Island ScWa 1,3, 4 24*U3220 1 '4&,4 gym, mu �esu - tt 3 M Pam!Tyr(tfTLDM MC RMOPP 0 Pablo Lend �Fbdd 3 s whh Shaw= 9 t3 I i 24 `1 ,740', IWIO.Ow. 11r to 9 fay 24'34'n.374r,-a1'43'49.e061- 27 1. P 7 _ Atta ment 4 s ®.sr A .1 ! KNOW ALL MEN BY=M1 PMGBM* TW the T10510110 of the Rutland hn- Six A A Oil w ® _ - -__•_.. DO I.ARS,to ftent In hand paM --- bar icy O id-- -_ . NAVARED Parcel of bar bottom land in the Straits Of MOrlds cast CC and r. Bob- Ivision of 0twernment lots Is 2 3 r • r Section 26 and Uovernment lot i action • an in Tomiship nroo iPlorids and recorded In Plat Book 1# At Page i MAG cards of Monroe 0ounkys Flarldes, and more particularly described as allows* Commmoing at the intersection of the "at line of Second treat • run east along the rth 21na of Sent Learal Aveme for a distance at 320 toetq here- ter awe Or described, said point of begimilng be on the shoreline of e Jtraits of Florida; from said point of Z= coffbigns *&at lanq the northr point; thence at right feet,distance of 29c more or loans to the southeSSICAY ft&t-Or- U. Be Highway So. is • • 's he shoreline in a southossiberly direction for a diatance of 170 feet,, re or lease back to the point of beginnings, r • and 2Y1M9 and being In 2nauship 67 Southp into Ronroo County, Florida, ea fni awl being . in mild State d Modda. SAVING on tte OTMR RESERVATIONS: th a ■- _�- n D. ss ' P - -- ----- t® Buller Warran t u. Navarro aWest, Florida mbar 7 , . _- ) Edwin Larson L) I. I. J. ) :.CPARTXVM OF AGRICULTURE CQM*WA8W Of ANdWtM Richardt ) L) Nathant Attac ment 4 9 i a DE6 NO, 22143 (341 ) S s f ds , of est of to of Modda, under authority of law, for and in consideration of the tran of Te and 00/100 Dollars, and other' good and valuable considerations,, to them in d paid y .11KROLD.._L. I _® Ft anik Xhlq_g. i of unty o ._... on � State a _, 1 _i � ,have gained and said,and do by these Presents grant, hargain, d convey,unto the 0 and SPA a Ixi i ®®.._ thl r e dsdgns, the folic aro -®t 't®p I I parcel of submerged land in Boca Chios Channel adjacent to Goverronent, Lot 2, Section 35, Township 7 South, Range 25 East, Stock Island, Monroe County, Florida, and more particularly escr d as follows From the Northwest Corner of Block 32, according to plat title "loll Lots 1, 2, 3, 5, 6, Section 5; Lot 2, Section 36; Lot 3, Section 26g Lot 2, Section 34, STOCK ISLAND, Township 67 South, Range 25East", as recorded in Plat Book 1, Page 55, official Records of Monroe County, Florida, go easterly along the north line,of said Block 32, adis- tance of 360 feet, more or less, to a ,point on the shoreline of Boca Chica Channel, which point is the Point ofBeginning; thence continue easterly along the same line extended into the waters of Boca Chica Channel a distance of 800 feet to a point; thence at right angles and southerly a distance o 250 feet to s point in the South line of said Block 32 e tendedl thence at right angles and Westerly along said South line extended a distance of 540 feet, more or less, Tuck to the shorol es thence meander the shoreline in a northwesterly ctio distance of 370 feet, more or less, hack to the Paint of Beginning; con�A hint —..__r — ___, _ . .7 ®--$ , �r d T and r ' �ng ` of _ Monroe in ' State of Florida. TO HAVE AND TO HOLD the above mated and described Premises forever. SAVING VIN to the said, Trustm of the Internal Improvement Fund of the State of Florida, sad their succewms,title to an undivided three-fourffis of all Phosphate, Minarets and Metals, d ude to an undivided at may be in, an or under the above with tl e privilege to nfins and develop OTHER RESERVATIONS: None IN TZSTIMONT WHEREOF, the maid 7hudeas have bermiato subscribed their names and afilsed th ' sea] and have caused the wal of THE DEPARTN3W OF AGRICULTURE OF THE STATA Op kTIDA to he hereunto affixed,at the Capitol, in the City of Tallahassee,an thisof December L . d iac -three C® g 19 -t ) 101KES I, 3® FUND e�Gourd l . (SEAL) t DEPARTMENTAGRICULTURE Ca a8®per of Alrdeultsm As d TRUSTEES Attachment 4 ATTORNEYS AT LAW 221 SIMONTON STREET,KEY WEST,EL 33040 TELEPHONE(305) 294-0252 FAX(305) 292-5442 W W W.StON ESCARD E NAS.COM ADELE VIRGINIA STONES, P.A. SUSAN M. CARDENAS, P.A. ( ,December 9, 2014 RECEIVED I Robert Shillinger, County Attorney C 1 Monroe County Attorney's Office mot4fjoE COJNTY ATTORWEY 1111 12th Street, Suite 408 Key West, FL 33040 RE: Laurel Avenue Roadway and Ownership of Filled Lands Dear Mr. Shillinger: As a matter integral to the pending application for abandonment of the Laurel Avenue right-of- way east of Second Street, I have been asked to render an opinion as to the ownership of the dredged material (fill) which forms the peninsula("peninsula land") which lies to the east of the Laurel Avenue terminus, located on Stock Island, Monroe County, Florida, as it related,to the Laurel Avenue right-of-way and public access to open water. I Based upon my review of the documents, listed in date order below, I am of the opinion that Monroe County ("County") is not the owner of any record or title interest in the peninsula land. Despite the speculation that the peninsula land constitutes an extension of the Laurel Avenue right-of-way, there is no record evidence to establish or support the idea that the peninsula land was dedicated as public right-of-way, accepted as a right-of-way, or maintained by the County continuously for greater than four (4) years to establish a right-of-way as a matter of law(Florida Statute §95.361(1). According to research conducted by Rod A. Maddox of the Florida Department of Environmental Protection(copy attached), the land beneath the dredged fill peninsula was formerly sovereign state baybottom. Because the fill material was placed on the sovereign baybottom prior to July 1, 1975 the State no longer claims an interest in that land. By law,the lands are considered private property,with ownership granted,tothe landowner(s)having record or other title to all or aportion of the lands immediately upland thereof(Florida Statute §253.12(9). i ( j In the instance of the peninsula land proximately abutting the eastern terminus of Laurel Avenue, there is no owner of"record or other title" of the immediate upland. Monroe County holds the Laurel Avenue right-of-way in trust for the public, pursuant to the recorded plat and common Attachment 4 Robert Shillinger, County Attorney Monroe County Attorney's Office December 9, 2014 Page 2 law of dedication. Further to those facts and contrary to indicia of ownership, Monroe County has not claimed any interest or control over the peninsula, nor taken any action to improve the property or maintain same so as to constitute a common law dedication as a public right-of-way (see County e-mail exchange dated April 2, 2014). The purpose of this letter is to disclaim any ownership of the peninsula land by Monroe County, Florida. This letter is not intended and in no way serves to make a determination of ownership as between the Laurel Avenue abutters as apparent adjacent upland owners to the filled lands. The County cannot determine ownership of land as between two or more claimants. The upland landowner(s) abutting the Laurel Avenue platted right-of-way presumptively have the right to claim ownership of the filled lands constituting the peninsula, as provided for pursuant to Florida Statute §253.12(9) by making application to the Board of Trustees for a recordable Certificate. As of this writing, the Trustees of the Internal Improvement Trust Fund (TIITF) has issued no recordable document setting forth a legally described fill parcel, or Certificate evincing ownership in any private party of the peninsula land. Accordingly, it being my opinion that Monroe County has no legal or equitable ownership interest in the peninsula land, the abandonment of the Laurel Avenue right-of-way will not violate Monroe County Code Section 19-1(2)&(3) governing criteria for right-of-way abandonment. Please feel free to contact me if you require further explanation or documentation of the opinion as to ownership. Sincerely Yours, Adele V. Stones AV S/cros c: S. Williams Document List: 1) McDonalds 1910 Plat of Stock Island Lots, recorded at Plat Book 1, page 55, of the Public Records of Monroe County, Florida 2) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 19962 dated January 2, 1952 3) Trustees of the Internal Improvement Fund of the State of Florida(TIFF) Deed No. 22143 dated December 18, 1963 4) Phillips & Trice Sketch to Fill Application for Block 32 dated October 10, 1971 Attachment 4 Robert Shillinger, County Attorney Monroe County Attorney's Office December 9, 2014 Page 3 5) Phillips &Trice Sketch to Dredge & Fill Application for Block 23 dated October 11, 1971 6) R.E. Reece survey dated July 16, 2009, Legal Description for Proposed Road Abandonment 7) E-mail exchange between Assistant County Attorney Susan Grimsley and Monroe County Public Works Staff dated April 2, 2014 8) Letter dated June 6, 2014 from Rod A. Maddox, Florida Department of Environmental Protection regarding ownership of fill placed waterward of Laurel Avenue right-of-way Attachment 4 rowel u% e(gi.1tqjM of of * A#te of X=W DEED N0 19962 KNOW ALL MEN BY THESE PRRMddM* That the undarsFgaed,the Trustees of the Intet�mal 1W provement Fusin of the State of Florida,under authority of law,far and in considlieatiae of the tua a! Six Hundred Fort Iva and 00/100 ("45.00) DOLLARS,to them in hand paid by RLIM I) n_ RAVARM of the County ct ldoisrae I State of have elented, bargained and=U%and do by these presenta grant,bargain.n11 and convey,unto the sahl— _ RAYWND 0. IIAVARRD and_ his hair and sadges,the fouowin=deacribed toads,to-wit: A parcel of bay bottom land in the Straits of Florida, east of sntd adjacent to a part of Block 23 of a plat of •Stock Island' a sub- division of Government Leta 1# 2130 5 easel b, section 35, U' t Lot 2, section A, Gowernsrsm Ls� 3# section 26 and Uorernmant tot 20 Section 34, all in Township 67 South# Range 25 Met on Stook Island Monroe County„ Florida and raeeorded in Plat Hook 1, At Page 550 Publle Records of Monroe County, Florida, and more particularly described as followat Commencing at the intersection of the east line of Second Street and the north line-of Gast laurel Avenue# rues east along the north line of East Laurel Avems for a distance of 320 toots more or leas, to the point of beginning of the parcel of baby bottom lanai here- inafter described, said point of beginning bei off, an the shoreline of the straits of t*lorida; free# said point of beg Sialft continua east along the north line of East Leural Avemo, "tended east, for a dis- tance of 800 feet to a point; thence at right angles and north for a distance of 290 feet, acre or less, to the southeasterly right-of- way line of D. S. Highway No. 11 thence run southeastarly s1ont; the so utheasterly rightoof-wady line of U. S. Highway No. 1 for a dis- tance of 900 feet, more or leis, back to the aborellnee; thence meander the shoreline in a southeasterly direction for a distance of 170 feet# more or lose, back to the point of beglnaingi contaiaind 4.3 ae:res& more or lose, and lying and be in ibwaship 67 South, Runde 25 Beat, Monroe County& Florida. coatainia 4.3 �--.rw- IIIGt4 tlr da6 and biII`' and being in the County ot._g°o�e In#aid State of Florida. TO HAVE AND TO'HOLD am above wanted and deauthed pmeteas taaevar. SAVING AND RESERVING unto the said Tnotsaa ad the b to ud rap woment Fund at the$data of Florida, and their successors, title to an undivided tAr#edourthe of nit phosphate,minerals and maths, and t1do to an with the Prlvffeasu W�mtne eve f that any be W.on cr under the above daerRed Lad► OTHER RESERVATIONS: (None) IN TESTIMONY WHEREOF, the said Traatses have bersonto subscribed their names and affbmd their seal and have caused the seal of TIM DEPAR73MNT OF AGRICULTURE OF TBE STATE OF FLORIDA to be hereunto affixed, at the Capitol, in the City of T&Oahanee,an this the_..tea.-day of Js nuary Fifty-two —.—.� A. D. Nineteen Hundred and_. Sent to Fuller Warren Raymond O. Navarro 00"Nsw (BEAL) Key best, Florida C. M. Gay December 7th, 1952 (SEAL) (SEAL) J. Edwin Larson TRLP3=S L I. FUND Richard W. Ervin (SEAL) Altmay Qnrd Nathan [Kayo (SEAL) Nathan OF AGRICULTURE _ c cos 01 M� �•ed —t$�) As and hmposing tba TRU8TPE8 OF THS INNT S nUWVBMENT FUND OF THE BrAT8 OF F14MA Attachment 4 roaw en �ut+ernxio�� Aut �f M: of Av Dggp KO 22143 341-44) '-'-'�— eft 04OW ALL 7i M BY 7UM PRRSKMs That tfiw undaa ou4 On Ttwhw of to Isbend be. poarammli Fund of do stab of Rlad& undw anbhodty of bar, far and is madduldw of dw am d Ten and 00/100 Dollars, and *that good and valuable considerations VM=k to foam in head paid by L. PAMU Mt and MM G. PAZ his wii fa^, o!tho COMMb sr hource � 5 Sob at Elorida h nWwd sad sold.and do by dmr pam--V"ba gahh adi ad emwy,one*0 rhf_ BMIROt�D L. madtalfowBtt das�t bails,to•wlt: Ma wift, and their sad awaft ee A parcel of submerged land in Boca Chica Channel adjacent to Goovernment Lot 2, Section 3S, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and more particularly described as follows, From the Mrortbwest Corner of Block 32, according to plat titled *All toots 1, 2, 3, 5, 6, Section 351 Lot 2, Section 36r Lot 3, section 261 Lot 2, section 34, ST4= ISI.0 M, Township 67 south, Range 25 Bast*. as recorded in Flat Hook 1, Page 55, Official Records of Xonroe County, Florida, go easterly along the north line of said Block 32, a dis- tance of 360 feet, moss or less, to a point an the shoreline of Boca Chico Channel, which point is the Point of Beginnings thence continue easterly along the same line extended into the taaters of Boca Chico channel a distance of SOO foot to a point; thence at right angles and southerly a distance of 250 lest to a point in the south line of said Black 32 extendedr thence at right angles and Westerly :long said South line extended a distance of 540 feet, more or less, back to the shoraliner thence meander the •shoreline in a northwesterly direction a distance of 370 fast, more or less, back to the Point of eeginningi .6 3.70 aaoae a:Maas asd -, and bdrW is the Coamly of Moonroe ,In add Staff at Florida. TO HAVZ AND TO NOIA tJw aben smabd and do nOW ptsmtsta Anew. BAYING AND FM MVINO tuba do aid Tad m d YOa Isieaad I�mpeewmaat Fatd o! s BONS ached aka�a kids ae ha d A pdrdvm eO tl=w-wafer the abd �dwmdbbdee witb the pdWbp to mtsa and doeai�tbs seas, OTJMffit RBSIAYATIONB:• hone IN TESTIMONY VIREREOF, the maid Thatea lone W vAm Ond thds samwa and tbdr ad lad haw mood tim art d TUBS DZPARTUW Of AGRICULTM OF T—M BTATI'J! FLORMA to be hamasto sRaed,at Ow Cspibd,is the Cttir of Taltabaaar,On-dds go labs _r...of December A. D. llh� ixt -thVM41 . .._MALI adoc carte (BhOAt,) TR�UB�L L FUND Qd IIEP%CMBNT OF AGRICULTM3 tR �Cosadrtl,ater.t ltpindgtt , TR178TEB8 OC"ThDh IIQTSRNIL � FUND OF TRS STATZ 07> Bt#Qi!'t` j Attachment 4 i t i � �t'3►ti 1 'ti 1 L---j ! t { ! i i r x , !. s m s ay ro 4 Attachment 4 1 { 0 'Sow It It vM F V i , j . i R fir.IVt�4 I'.Af1p' a Attachment 4 Ginny Stones From: Grimsley-Susan [Grimsley-Susan@monroecounty-fl.gov] Sent: Wednesday, August 13, 2014 4:48 PM To: Ginny Stones (ginny@keyslaw.net) Subject: FW: Laurel Avenue Attachments: image003.png; image005Jpg; image006.jpg See below QR1 Susan Grimsley, Asst. County Attorney A 6' 1111 12th Street, Suite 408 H Key West, FL 33040 305.292.3470 CE �4~�4 Marathon Telephone 305.289.2500 1 CITY,COUNTY &LOCAL GOVIINMENT LAW [ From: Clarke-Judith Sent: Wednesday, April 02, 2014 1:21 PM To: Grimsley-Susan Subject: Fwd: Laurel Avenue Sent from my iPhone Begin forwarded message: From: "Slavik-Marty" <Slavik-Marty(&MonroeCount�FL.Gov> To: "Pierce-Dent" <Pierce-Dent�7a MonroeCounty-FL.Gov> Cc: "Leto-Beth" <Leto-BethgMonroeCounty-FL.Gov>, "Clarke-Judith" <Clarke- Judith monroecounty-fl.gov> Subject: RE: Laurel Avenue Hello Susan, I have some Information on laurel avenue.The r.o.w. is 15 feet each way from the center line.And our r.o.w. goes past the pavement about_3 feet .The no dumping signs and nine button signs were requested by the sheriff's office and for maintenance we sweep the road ,weed eat the fence line and do shoulder work.The chain was not put up by Monroe county. Marty J. Slavik, Supervisor Monroe County Road Department 3583 South Roosevelt Blvd. Key West, FL 33040 (305) 295-5193 slavik-martygmonroecounty-fl.gov<mailto•slavik-martyna monroecounty-fl.gov> Help us help you: Please take a moment to complete our customer satisfaction survey: http•//monroecofl virtualtownhall net/Pages/ManroeCoFL WebDacs/css Your feedback is important to us! Please Note: Florida has a very broad records law. Most written communications to or from the county regarding county business are public records i Attachment 4 available to the public and media upon request. Your e-mail conversations may be subject to public disclosure. From: Pierce-Dent Sent: Tuesday, April 01, 2014 2:36 PM To: Slavik-Marty Cc: Leto-Beth; Clarke-Judith Subject: FW: Laurel Avenue Marty, Please respond to the maintenance question and any other information. Thanks Dent Pierce Public Works Director 1100 Simonton St., Rm. 2-231 Key West, FL 33040 Office: 305-292-4560 Fax: 305-292-4558 pierce-dentgmonroecounty-fl.gov<mailto tierce-dent�a monroecount�flov> [First to Respond Monroe County Public Works Last to Leave] From: Grimsley-Susan Sent: Tuesday, April 01, 2014 2:31 PM To: Pierce-Dent Cc: Clarke-Judith Subject: Laurel Avenue The east end of Laurel dead ends between Murray Marine and the mobile home park . Can you tell me how wide our ROW is? Does it stop where the pavement stops? Are the no dumping signs and chain the county's or were they put up privately? What about maintenance? Have we ever gone further than the pavement? Any information would be appreciated. [Description: Description: Description: Description: City-County-LocalGovt]Susan Grimsley, Asst. County Attorney 1111 12th Street, Suite 408 Key West, FL 33040 305.292.3470 305.292.3516 (fax) Marathon Telephone 305.289.2500 2 Attachment 4 RICK SCOTT FLORIDA DEPARTMENT OF GOVERNOR ENVIRONMENTAL PROTECTION CARLOs LOPEZ-cANTERA MARJORY STONEMAN DOUGLAS BUILDING LT.GOVERNOR 3900 COMMONWEALTH BOULEVARD TALLAHASSEE,FLORIDA 32399-3000 HERSCHEL T.VINYARD M � SECRETARY June 6,2014 RECEIVED ? Susan Grimsley,Assistant County Attorney r rUN 12014 Monroe County MONROE COUNTY ATTOJtNEy 1111 12t'Street, Suite 408 Key West,Florida 33040 Dear Ms. Grimsley: Re: Laurel Avenue Spit, Stock Island; Monroe County This is in response to your request for a letter that addresses what interest the Board of Trustees of the Internal.Improvement Trust Fund has in a spit of land lying riparian to Laurel Avenue. The spit is located in Section 35,Township 67 South,Range 25 East. Board.of Trustees records currently on file in our office indicate lands lying to the north and to the south of the extended right-of-way lines of Laurel Avenue into Boca Chica Channel were conveyed by Board of Trustees Deed Nos. 19962 and 22143(341-44). Records indicate the fill was placed waterward of the road right-of-way prior to July 1, 1975. Therefore,pursuant to Chapter 253.12(9)&(10),Florida Statues,the filled lands may not be state owned if all other criteria of the statute are met. Copies of the referenced documents are enclosed for your information. If this office can be of any further assistance regarding this determination,please address your questions to Melanie Knapp, Government Operations Consultant II,mail station No. 108 at the above letterhead address,or by telephone at(850)245-2801. Sincerely, i i Rod A.Maddox,PSM,Program ger Office of Survey and Mapping Division of State Lands RAM/mjk enclosures j F:\TLTLE\MELANIE11314-4\Laurel Ave Spit-Stock Island.docLaurel Ave_Spit Stock Istand.docx 1 I www.dep.statefl.us i A t 'yam p jv o la op = Attachment 4 i �� Cbeed Nos 19962 & 22143(341-44) at Laurel Ave. - Stock Island 24°34 .2548, 81°44'10.6487" Scale 1:3,343 °34'32.8848",-81°43'48.4935" 24 4w Ashal Imagery 2011-2013 . All Parcel Types(STLDS) TIGER 2010 Places Q2�c land Survey System ❑Florida Counties Win Shoreline (areas) t Aedal imagery Flight Dates 2011-2013 ( �3 i . 24-34-1 .7451",-81044 10.8685" .; 24034'17.3748",-81°4348.8061" Inch 279 teat i WKW rrnro.r"r..r.r n"rs.nardw.rtnr ..rwrwra`.e."wu�mr�uraurcr Y�Yw+Mw,w�b _4M.Er�a�W d iYWnMI.Wwwk wirN�tM,/"aYr.�N�M.Ed�fywrl ixE EtiE. dl rrbYMbrtOf0Y1D"ilaeE EvMFYA" 7EMl0alNNED Met I t Attach ent 4 FORM s-it &Udus of 1?Td=9 4 9 1fofAl=im .DEED NO. 199b2 KNow ALL BEEN BY THESE PRESENTS: That the undersigned, the Trustees of the Internal Im- propement Fund of the State of Florida, under authority of law, for and in consideration of the sum of S x-Hundred Fortytfive and 00 00 DO ZARB,to them in hand paid by RAYA 11D G. HAVARRO ` of �lxe County of Monroe , State of Florida have granted, bargained and sold,and do by these presents grant,bargain,sell and convey,unto the said_ RAYRO2,1D G. MAVARRO and his heirs and assigns,the foil wing described rands,to-wit: �► parcel of bey bottom land in the Straits of Florida, east of and d,jacent to a part of Block 23 of a plat of 'Stock Island's a sub- i visionn of government Lots 1, 2, 3, 5 and. 6, Section 35, Government E�sst 2, Section 36, Goverment Lot 3, Section 26 and tovernment Lot 2, Section 34, all in Township 67 South, Range 25 East on Stock Island, Mionroe County, Florida and recorded in Plat Book 1, At Page 55, Public tecords of Monroe County, Florida, and more particularly described as ollows: Commencing at the iaterseetion of the east line of Second treet and the north line-of gast Laurel Avenue# run east along the Borth line of East Laurel Avenue for a distance of 320 feet, more or ess, to the point of beginning of the parcel of bay bottom land here- after described, said point of beginning being on the shoreline of he straits of Florida; from said point of beginaing continue east long the north line of East Laurel Avenue, "tended east, for a dis- Etace of 800 feet to a point; thence at right angles and north for distance of 290 feet, more or less, to the southeasterly right-of- *ey line of U. S. Highway No. 1; thence run sauthw6 r s sterfoallongthe {so utheasterly right«of-way line of U- S. Highway jtruice of 900 feet, more or less, back to the shoreline; thence meander ( ht: shops-1 ina in a southeasterly direction for a distance of 170 feet, more or less, back to the point of beginning, containing 4-3 across pore or less, and lying and being in 2lown31119 67 South, Range 25 ;East, ,-jonroe County, Florida. containing__. 4.3 _.,....acres, more or Less, and lying and being in the County of F1°nr°e , in said State of Florida. TO HAVE AND TO HOLD the above granted and described premises forever. SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State of;Florida, and their successors, title to an undivided three-fourtba of all phosphate,minerals and metals, an} title to an undivided one-half of all petroleum that may be in, on or under the above described Iand, witch the privilege to mine and develop the same. OTHER RESERVATIONS: a (None) IN TESTIMONY WHEREOF, the said Trustees have hereunto subscribed their names and affixed their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF 7FIii IDA to be hereunto affixed, at the Capitol, in the City of Tallahassee, on this the_ mod• day of JFa nU-a y A. D. Nineteen Hundred and Fif ty--two Be to Fuller :barren _ (SEAL) RayBiond ). Pdavarro µ Governor Key West, Florida C, id. Gay Dec mbpr 7th, 1952 Comptroller ( EAL) J. Edwin Larson _.._(SEAL) TRUSTEES I. I. FUND _ Treasurer Richard W. Ervin SEAL) _ Attorney General (SEAL) Nathan Mayo _,(SEAL) DEPARTMENT OF AGRICULTURE COiA6b�OII� °i Ate ` j As and Composing the TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OF FLORIDA I Attachment 4 F01t} e.21 { insteve of t4E �z nnd 3tT S iEI3tEXtf url of f4v *Ruf Iuri tt DEED N0, 22143 (34_1-44) j K-NOW ALL IMLN BY THZSE PRESENTSi That the undersigned, the Trustees of the Internal Im- proyement Fund of the State of Florida, under authority of law, for and in consideration of the sum of Ten and 00/100 Dollars, and other' good and valuable considerations, +5 ,to them in hand paid by. _ RflI!i?_, «PAYLOR and MARY Qj. R, his wife. of to County of_-- _Monroe , State oL Florida , have granted, _..._ bar 'ned and sold,and do by these presents grant, bargain,sell and convey,unto the aald 2A Ord and blARY, G._ P]4YI,d.R, hts wife,_._.._._._—xnd their. —heirs and assigns, the toll Fling described lands,to-wit: A parcel of submerged land in Boca Chien Channel adjacent to Government Lot 2, Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida, and more particularly described as follows: From the Northwest Corner of Block 32, according to plat titled "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section 36; Lot 3, Section 26; Lot 2, Section 34, STOCK ISLAND, Township 67 South, Range 25 East", as recorded in Plat Book 1, Page 55, Official Records of Monroe County, Florida, go easterly along the north line.of said Block 32, a dis- tance of 360 feet, more or less, to a point on the shoreline of Boca Chica Channel, which point is the Point of Beginning; thence continue easterly along the same line extended into the waters of Boca Chica Channel a distance of 800 feet to a point; thence at right angles and southerly a distance of 250 feet to a point in the South line of said Block 32 1 extended; thence at right angles and westerly along said South line extended a distance of 540 feet, more or less, back to the shoreline; thence meander the shoreline in a northwesterly direction a distance of 370 feet, more or less, back to the Point of Beginning; I i 3.70 con mg _... ..____._._. __ _.___.___.__ _-- ._._._...._._.,._._._. ..___._acres,more or less,and tyixyt antbeing in the County oL..___ ,Monroe in said State of Florida. TO HAVE AND TO HOLD the above granted and described premises forever. SAVING AND RESERVING unto the said Trustees of the Internal Improvement Fund of the State Of 1lorida, and their successors, title to an undivided three-fourths of all phosphate, minerals and metxl- an title to an undivided one•balf of all petroleum that may be in, on or under the above described load, with the privilege to mine and develop the same OTHER RESERVATIONS: None i i IN TESTIMONY WHEREOF, the said Zinuntess have hereunto subscribed their names and affisoed their seal and have caused the seal of THE DEPARTMENT OF AGRICULTURE OF THE STATE OF FLORIDA to be hereunto of xed,at the Capitol, in the City of Tallahassee, on this tbe__18th may Of December A. D. Nineteen Hun an ixt�-three (SEAL) _ or Comptroller (SEAL) TRUSTEES I. I. FUND _ Sze 11^✓ t3a. -WaLL) _�yZzl tt^_ ey caAerai (SEAL) ,`.. _($Iii,43.) DEPARTMENT OF AGRICULTURECommleelonsz of Agrtouitnrs As and Com a tho TRUSTEED OF THE STATE O' FLORIDA Attachment 5 :a151556 01/18/2018 3:57PPI Filed S. Rceorded in Official Records i2f This instrument prepared by and return to: PIONROE COUNTY KEVIN MAOOK John R. Allison, III eti:,8/2018 3:57PM DEED DOC STAMP CL: KryS $0.73 The Allison Firm,P.A. V*,:# 2151556 Skit 2887' PgN 1870 1010 Kennedy Dr.#302 Key West,FL 33040 QUITCLAIM DEED THIS QUITCLAIM DEED is made and executed this 1AZI day of January, 2018 by WATERS EDGE COLONY, INC., a Florida corporation, having an address of 2625 Gulfview Drive, Key West, FL 33040 ("'Granto '), to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a Delaware limited liability company, having an address of 150 SE 2' Ave., Suite 800, Miami, FL 33131 ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell and convey to Grantee, and its successors and assigns forever, all of the Grantor's right, title and interest in and to that certain real property located in Monroe County, Florida and fully described on Exhibit A attached hereto and incorporated herein(the"Properly'), TO HAVE AND TO HOLD the same, together with all and singular improvements, tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the right, title, and interest whatsoever of Grantor, if any, to the only proper use and benefit of Grantee. [signature page follows] 8294131-1 Attachment 5 G�a.t3 :�1515a6 ElkI3 2,387 Pga 1871 IN WITNESS WHEREOF, Grantor has executed and delivered this Quitclaim Deed as of the day and year first above written. WITNESSES: GRANTOR: WATERS EDGE COLONY, INC., Pri Nam : G- ,eeId I a Florida corporation r r am Name: Title: STATE OF COUNTY OF I'Y11� The foregoing instrument was acknowledged before me this 1-6ay of January, 2018 by ,,,��,� ,�� L. leat. , as _ `�Yz'S�i of Waters Edge Colony, Inc., a Florida corporation. He/she is tpe�rsonally known to me or has produced as i en ca i n. My commis ' n exp res: N ARY P BLIC, State of (� - �rint Name- 0 JMILAUXMM Commh"6FF9W 8294131-1 Attachment 5 Clol:tl :2151556 Bkia 2387 Pgn 1872 EXHIBIT A LEGAL DESCRIPTION A parcel of land adjacent to Government Lot 2, Section 35,Township 67 South,Range 25 East, Stock Island, Monroe County,Florida,and more particularly described as follows: From the Northwest corner of Block 32,according to the plat entitled"ALL LOTS 1,2,3, 5 &6, SEC. 35, LOT 2. SEC. 36,LOT 3, SEC.26,& LOT 2, SEC. 34, STOCK ISLAND,TOWNSHIP 67 S.,RANGE 25 E.",as recorded in Plat Book 1,Page 55,Official Records of Monroe County,Florida,go easterly along the North line of said Block 32 a distance of 360 feet to a point on the shoreline of Boca Chiea Channel, which is the Point of Beginning; thence continue easterly along the same line extended on an assumed bearing of N 90°00'00" E a distance of 400 feet; thence N 80004'36" E a distance of 28.45 feet;thence S 88°21'12" E a distance of 84.37 feet; thence S 62'14'21" E a distance of 19.25 feet; thence S 89'56'16" E a distance of 101.75 feet; thence N 74°46'53" E a distance of 57.24 feet;thence N 82'56'13"E a distance of 42.91 feet; thence S 79°57'01"-E-a distance of92.08-feet;thence N_84°00'36" E a distance of 52.59 feet; thence N 80°4727" E a distance of 93.78 feet; thence S 85°21'49"E a distance of 41.57 feet; thence S 84°48'05" E a distance of 52.73 feet; thence N 75°38'28" E a distance of 27.66 feet; thence N 85°00'20" E a distance of 32.12 feet; thence N 80°57'53"E a distance of 21.53 feet; thence S 00°00'00" E a distance of 2.00 feet;thence N 79°58'16" W a distance of 58.25 feet; thence S 89°58'14" W a distance of 44.83 feet; thence S 88°29'31" W a distance of 28.09 feet; thence S 89°57'38" W a distance of 54.41 feet;thence S 7734'20"W a distance of 29.88 feet; thence N 84°5849"W a distance of 36.46 feet;thence S 83°2256"W a distance of 33.01 feet; thence N 87°08'42"W a distance of 29.96 feet; thence N 79005'28" W a distance of 42.45 feet; thence N 86°3449"W a distance of 28.59 feet; thence S 7737'22"W a distance of 32.13 feet; thence N 84033'56" W a distance of 32.63 feet; thence S 87006'21" W a distance of 47.34 feet; thence N 89°51'04" W a distance of 43.80 feet;thence N 82142'25" W a distance of 47.72 feet; 8294131-1 Attachment 5 Ga--# 2151556 E1104 2387' P91t 1873 thence N 84°09'29"W a distance of 46.71 feet;thence N 88°3748" W a distance of 24.27 feet; thence S 88°25'05"W a distance of 27.58 feet;thence S 86°52'46"W a distance of 40.53 feet; thence N 85'11'21"W a distance of 26.92 feet; thence S 89010'09" W a distance of 22.92 feet; thence S 84'1537" W a distance of 26.07 feet;thence N 89047'35"W a distance of 25.41 feet; thence N 88°5829" W a distance of 25.07 feet; thence N 88°20'45"W a distance of 27.52 feet; thence N 87°33'20" W a distance of 24.52 feet; thence S 87047'10" W a distance of 27.45 feet; thence N 89°23'15" W a distance of 58.96 feet;thence N 90000'00" W a distance of 149.80 feet; thence S 00"00'00"W a distance of 42.00 feet back to the Point of Beginning, containing 37,850 square feet(0.87 acres). P1013R01= COUNTY OFI:ICIAL RECORDS 8294131-1 Attachment 5 Z164904nOfficial2018 e:17PI t PIG'�R01; COUNTY KEVIN MADOKair &41:,6/2Ua 4:17PM This instrument prepared by and return to: DEED DOC STAMP CL: Krys $6.78 Erica H. Sterling,Esq. F101 1 2164420 Spottswood,Spottswood, Spottswood&Sterling,PLLC 8*14 2901 N0# 1140 500 Fleming Street Key West,Florida 33040 (,QUITCLAIM DEED THIS QUITCLAIM DEED is made and executed this�-day of April,2018 by EADEH BUSH COMPANY,LLC,A FLORIDA LIMITED LIABILITY COMPANY having an address of 12 Driftwood Drive, Key West, Florida 33040 ("Grantor"), to WRECKERS CAY APARTMENTS AT STOCK ISLAND, LLC, a DELAWARE LIMITED LIABILITY COMPANY, having an address of 150 SE 2"a Ave., Suite 800,Miami,FL 33131 ("Grantee'). WITNESSETH: THAT Grantor,for and in consideration of the sum of Ten and No/100 Dollars($10.00),and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell and quit claim to Grantee, and its successors_and assigns forever,all of the Grantor's right,title and interest in and to that certain real property located in Monroe County,Florida and fully described on Exhibit A attached hereto and incorporated herein(the"Property'), TO HAVE AND TO HOLD the same, together with all and singular improvements, tenements,hereditaments and appurtenances thereunto belonging or in anywise appertaining,and all the right, title, and interest whatsoever of Grantor, if any, to the only proper use and benefit of Grantee. [signature page follows] Attachment 5 E10,-.p :1164490 Eikil 2901 P9a 1141 IN WITNESS WHEREOF,Grantor has executed and delivered this Quitclaim Deed as of the day and year first above written. WITNESSES: GRANTOR: EADEH BUSH COMPANY,LLC, Pr' t Name: pica K-Sko i'!u a Florida limited liability company By: Print Name: Name: ROBERT BUSH SNEER Title: MANAGER STATE OF f oludA-- ) COUNTY OF M ape— ) The foregoing instrument was acknowledged before me this day of , 2018 by ROBERT BUSH SNEED, as Manager of EADEH BUSH COMPANY, LLC, a Florida limited liability company. He is personally known to me or has produced t' icafon. p My com issi e ��j"�-�CY NOTARY PUBLIC, State of T" "", -- vck MARY E.TURSO Print Name: � • MY COMMISSION#GG 103322 EXPIRES:May 16,2021 •'`P;;;.t°� Bonded Thm NoWy PuM Undaw bre Attachment 5 D0.3# 2164490 kiki3 21,101 pgo 1142 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of filled land In Boca Chtca Channel, adjacent to and contiguous with Lot 18,Block 33,of MALONEY'S SUBDIVISION OF STOCK ISLAND, according to the Plat thereof,as recorded in Plat Book 1, Page S5, of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: BEGINNING at the Northeast corner of said Lot 18, Block 33,said corner being a point on the original shoreline of Boca Chlca Channel, as platted, thence continue on the easterly projection of the north boundary line of the said Lot 18 on an assumed bearing of N89055'40"E for a distance of 143.98 feet, to the mean high water line of Boca Chica Channel; thence meander the mean high water line for the following 4 courses: 1) thence S22033'06"W for a distance of 3.78 feet; 2) thence S60°1S'15"W for a distance of 68.99 feet; 3) thence S70036'35"W for a distance of 56.48 feet; 4) thence S09001'38W for a distance of 3.77 feet,to a point on the original shoreline of Boca Chfca Channel, as platted, said point which Is 60.05 feet being measured perpendicular to the easterly projection of the north boundary line of said Lot 18; thence meander the original shoreline in a Northwesterly direction 66 feet, more or less, back to the Point of Beginning.Containing 4636 square feet, more or less. Sketch to illustrate the legal description of the Property: BLOCK 33 _. _... _.._ _.... _I AT OF _._ _.. _._,rARCtLOFsuarrcR 0LAl.n_.. LOTS i AND 2 N89155'40'E —" POC 1)522f33`06'W 3,78' POB BLOCK 33 'e o FILLED LAND LOT is NEWLY DESCRIBED ra NORTH 3 ,3,5'.¢J S "1M/MGM WATER LM Of y�( ASSUMED FROM PLAT i�6 � caJeINM 5' SCALE: 1'=20' LEGEND: 4)SO-01-38-W 3,77' POC=Point of Commencement POB=Point of BeglnnFng 'l i M"ARW f0A N—k—C.,AP-1 .M SW 14,4 LLC A 04.0 a 114"4aa h,Bea 04.Cbanoal,.0 m.na aralpw aycfto la,k1o612,a Pu1la!%CY5 OF STOC+1 35tAA0,ectardng t0 e.W"Ur"L!n trtm,Gtl h PlK 0od12. P+88 55.atM P86tG R.ep,ye a Rortrtn{.•W+K,FIe'W,ere txA.p awR P.'1» Y NenWa W metes a'e 6Pxds n hioxs: ebatkelRG acgr,lrortene,s:sarrxr a u1n t9t la,e9vct,3a,Pate ese*,.e sang a PN,R m en s'yph++l \ 0. rrauuaenfV4 uu:en18 sxPt o4b *ofN=,W tf, aet a8w"$ REECE dt ASSOCIATES \ B* Wh " 0 e*x N.O—Wlth t nd.0. sager az fOrV«m tt+r mean N�hr a aw Oaa CNnAd7 ourw.c mrxder Ox nwn h�1.rMer ka krtrie L 1r£YINC 2) V^—S22`1TJ!rW im,eWaaaer4k"%; ,RAsvrwA.af,e+mR,urr 2) t�u,a sso•tr1S•W ro.aaua+,c+aae.5o a.+• mWAPq.Wm.Un4#AeRkr.arl�" » vwa slvw3rwm am A'"orSC43P.A. aclw,.e.o. ,I 4k'—Swaxlr t«aewanad3.nB,a,WawkRxa•eatlnWu"mrra8oatrea mua:..a Ch—L a pU*,4 aia Pdm"NM is SB,451e bW*rr+ P.P"+dt4W m e"nester{, PreIMallPn.U the.,o "kK 1»a.Nd ut ta:a.rrt.me.1 o«no.C- "4 In, ADTRMStMt abetikn as Mf4 copra a MW.9fh q Pr fdn a 8+8 •Co,RdMAB 4676 aaua<e uxU 1'+76' ue a rm.Pia xua+s m ciuetwra rrs tau:;nsOra1'.w MW.r awt,cope a 4ef. e'*ir Qv=14 M:ewu —l—t— ••�'.rrmr.sv..wws. 8,ar. t OF 1 nRA,maei SKETCH TO ILLUSTRATE LEGAL DESCRIPTION PaMa; wua noane. SECTION 3S, TOWNSHIP 67 SOUTH,Range 25 East AEA STOCK ISLAND,Monroe County,Elarltla ws"ee+, 51ONLD _ Rf.VKi.rt 1a21220; IoeNet e.rU ra at OeeaWCMt.,WW'rPM1 M`ID:JfIte f'IOidROiz COMITY CIF IC:CAL RECORDS -r 2 U w Lli W �z LLJ > L') cl) 7: < 0— 21 N J (j) UJ LLJ o . cl) r w ID 0 z u < <0- < o U) co -j :D 0 0 < LL U) Y u (D 0 LJ T Lli 0 0 0 LU < Z Z M o� R �,Jam Wz u 0 0 0 LLJ g LL < 0_j w<'D u L, 0 0 C) N LLj CL < Vl C) o c� iT, < o < 0 W WLnw�000 0 W Q® u LU LLJ F u I �j 11 Z5: U) LLJti��m'o�o 1. z u 0 -E LL z LU z Lf) < LI) < U) < LI) u W'1, oZ ulf < 0 0 U 0 Ln > Ln z Ln m LU U) -E cf Lu Lli u z C) LLJ U I � �? >< t , m u a 0 6 C) rn u u C) 6 w v 3 5 U) c� C, t; tz! U0 z Ln < < Lf) u W m u u- < V) u < —j 0 ui LLJ Lu < _j 0 -2 u co 0 co Q u LU P- S �j < u 0 0 0 o m n LU E,b > Ul < > o < Wz t6 y u s O 78 C) cl < 0 < < 0 y o c� i.--U U U E CD U U o �:So "27, ov 03��j 0 00TE cl- z co oc LLJ np Ln'n Z 0 HI'dON Jo-]Nfl isArA u t 0 m 0 o Hl�l 0 N u I U 00 0 u CD t >0, CL STREET SECOND 0— 2 g in 5 O'RIGHT OF WAY Lli�D U u < cn < -6 u m u C) gN U y O i 41 N ul ado. tt0 < E u, < U n A 5 Attachment 7 Comity of Monroe Ebm X f ar d f tr Q t S C ,,mfis-Mto 7"98 Ot e Hi h ak,, Sint,.4 f' V hfayffar Pro F cIn K�m Wigmr n 0i e � LS:m 1 strillf r ,beraTing,prof Tonal andfuir James T. MdAc t refuel Concern Ccxp, y 'est, FL .3 3040 SUBJECT- Road abanJ`earn rrt petarion nor retie Easterly remaiaas <:f Laart] AvI Maloney SUbdivision, StockIslam Nor. Hendrick, Enctosed for yeuF .r -view � � dra sfi f r�e �� z d T�ss s your road act , r��ttertt. `riritatr for 'die �s et9 rCrtrr.i r Of UVAtel Avenue. Staff h,,&sI researched )our rmplwst, .m,,,T risivell and, rL-viewed the infbr nazi art your provided to the Gro%ThlIat en Division the Caunry loon "s M m Ushig the Cou ty's road. public k ouM be rm-1 ded ffimn accening dr-he six of b tid thai wras ftlkd prior to 1975, whizh a rl rntjy provides u lic acr es the omn, t,er, de ine � �s- e ed the � a i ` ,�:_ V%,- M �,. wtgir`a t T d survey sO" rVOKe case s e tie Etta e exhiba we pmpared to demanpmane tyre ebs;tiag ondkbras,, rrO r, we era artachingthe most recent memorandurnr t `ona the fire dep r"ttmIrm,rtt, In MAtt tcr, ptease prowideall necessary easernenus Filmn, ffoct unlit providers, as welA as the easernent rrgx� so for fire accIess for re%iew 1hy,the ta;Frpunt• ,ttorne 's offlwe- Even though, staff is r a rrrnot!rendi g den1l o the t ph"—t4s1 _ at is possibile the BIt rd cII approve the abandonmena request, and all s. t.rrrt, otts shoal We are prepared to plue rues on the Board of County COrrtMrssi n r ett a for p,rtfitr,ssur:n to sdi rd .t the t, rch 2 i n ,01 d Z, rrt, ttng in1A4jr,,mt ,oIn ittt I ru 1r�r hearing to set fbr. � ril 18, 12 s in Key ��:est If you rwh to pnwki spy ftmher tnNaarrrr,rrtion related to the sketch we have MeWpe4t, plr4 rs Ik 3() N y February 24,, 012 to rn irrrain this finvehmr 'l'Ntaa ii, the sate %e would NrarVr to finali,z the, staff report and art rr frttt rtt,s In dditila ra« p k lei us know Qaa ant, to ipn,'xe d to the Boat'd o ("ou,rity Comr"r issiRrners in March, So z[IN,, Attachment 8 r CountyMonroe i Code Compliance Details CODE COMPLIANCE DETAIL Case Number CE20020078 Case Date 02-25-202C Origination 6-E-MAIL Status OPEN Operator henrig Officer JAGTIANI,JAYKUMAR PROPERTY ON CASE Parcel ID 001240 0000000 Owner MURRAY MARINE SALES&SERVICE Unit Owner Address 5710 U S HIGHWAY 1 MMS Property Address 5710 OVERSEAS HWY City/State/Zip KEY WEST,FL 3304C City/State/Zip STOCK ISLAND,FL 33040 CASE DESCRIPTION E-MAIL COMPLAINT STATES THE FOLLOWING: DESCRIPTION 1.UNLAWFUL FENCE:THE FENCE ON THE EAST END OF LAUREL AVENUE(NORTHERN SIDE OF ROAD)NEAR THE SEAWALL IS SITUATED IN THE PUBLIC RIGHT OF WAY. (CHRISTINE HURLEY AND I WENT OVERALL FENCE PERMITS FOR THE MURRAY MARINE PARCEL-NONE ARE FOR THIS PORTION OF FENCE).THERE IS NO PERMIT FOR THE FENCE AND THE FENCE OBSTRUCTS THE PUBLIC FROM LAWFUL ACCESS TO THE WATER. 2.UNLAWFUL DOCKS:THE DOCKS THAT COME OFF THE SEAWALL ON THE EAST END OF LAUREL AVE ARE ALSO UNPERMITTED AND A PORTION OF THOSE DOCKS ARE SITUATED IN THE PUBLIC RIGHT OF WAY LINES-NOT OVER MURRAY MARINE OWNED BAY BOTTOM.THE DOCKS ARE Attachment 8 ATTACHED TO THE SEAWALL WHICH IS A PART OF THE PUBLIC RIGHT OF WAY.NEITHER SFWMD,DEP,NOR MONROE COUNTY STAFF COULD PROVIDE ME WITH ANY PERMITS FOR THOSE DOCKS.THE DOCKS ALSO OBSTRUCT THE PUBLIC FROM THEIR RIGHTFUL ACCESS TO THE WATER VIA THE SEAWALL AT THE EAST END OF LAUREL AVENUE. 3.THE SEAWALL AT THE EAST END OF LAUREL AVENUE WAS ERECTED OR MORE LIKELY REPAIRED/ENHANCED,IN 1977,BY THE PRIVATE OWNERS OF THE MURRAY MARINE PROPERTY.MONROE COUNTY STAFF PROVIDED ME WITH A COPY OF A PERMIT FOR A 200';SEAWALL,BUT HAVE NOT BEEN ABLE TO PROVIDE ME WITH ANY AGREEMENT THAT WOULD ALLOW THESE PRIVATE OWNERS TO LAWFULLY ERECT OR REPAIR A STRUCTURE LOCATED IN THE PUBLIC RIGHT OF WAY. 4.MONROE COUNTY STAFF HAS NOT BEEN ABLE TO PROVIDE ME WITH A COPY OF ANY LEASE AGREEMENT BETWEEN THE BOCC AND MURRAY MARINE ASSOCIATED WITH THE AREA OF THE SEAWALL OR THE DOCKS OR THE FENCE. 5.APPARENTLY SOMEONE IN THE BUILDING DEPARTMENT BACK IN 1977-TOOK IT UPON THEMSELVES TO ALLOW THIS PRIVATE ENTITY(PRIOR OWNERS OF MURRAY MARINE)TO BUILD OR REPAIR THE SEAWALL PORTION OF THE RIGHT OF WAY. 6.MURRAY MARINE IS USING THE SEAWALL,DOCKS,AND FENCE FOR PRIVATE COMMERCIAL GAIN WITHOUT AUTHORITY TO DO SO. 7.BY LAW A PRIVATE ENTITY IS NOT ALLOWED TO USE THE PUBLIC RIGHT OF WAY OR TO ERECT STRUCTURES FOR PRIVATE USE ON THE PUBLIC RIGHT OF WAY ABSENT AN OFFICIAL AGREEMENT THAT CONFORMS WITH LAW, RATIFIED BY THE BOCC.MONROE COUNTY STAFF HAVE NOT BEEN ABLE TO PROVIDE ME WITH ANY SUCH AGREEMENT. 8.PLEASE ENFORCE THE LAW AND REQUIRE THE OBSTRUCTIONS PLACED IN THE PUBLIC RIGHT OF WAY AT THE END OF LAUREL AVENUE BE REMOVED AND THE PUBLIC'S ACCESS TO THE WATER VIA THE PUBLIC RIGHT OF WAY BE RESTORED. COMPLAINT CODES 1:CONSTRUCTION WITHOUT PERMIT VIOLATION CODES Attachment 8 1:110-140.(a)-BUILDING PERMIT REO/CH 6 INSPECTIONS/EVENTS DETAILS DATE INSPECTION/EVENT TYPE INSTRUCTIONS/COMMENTS 04-14-2020 NOTICE OF VIOLATION/HEARING ENTRY IN ERROR. 03-24-2020 MAKE VIOLATION MAKEVIO RECORDED JAGTIANI 03-24-2020 COMMENT CODE FILE REVIEW:BOCC APPROVED FENCE TO BE PLACED ON PROPERTY(SEE ATTACHED BOCC RESOLUTION 068-2020).THE FENCE WAS PLACED THERE ON EMERGENCY BASIS.PAGE 2, SECTION 2 SPECIFICIALLY STATES,"THE BOARD HEREBY APPROVES,ON THIS EMERGENCY BASIS.DURING ALL HOURS RESTRICTING ALL VEHICULAR AND PEDESTRIAN ACCESS TO OR USE OF THE END SEGMENT OF LAUREL AVENUE, STOCK ISLAND,MONROE COUNTY,FLORIDA, AND AUTHORIZES THE MOVEMENT AND/OR INSTALLATION OF SIGNAGE,AND ONE OR MORE GATES,FENCES,OR CONCRETE BARRIERS,TO EFFECTUATE THIS EMERGENCY COUNTY ROAD RESTRICTION." 03-11-2020 COMMENT CODE ENGINEERING RESPONSE RECEIVED& ATTACHED:BOCCAPPROVED INSTALLATION OF FENCE-JJ. 03-11-2020 REFERRAL TO ENGINEERING 03-04-2020 INITIAL INSPECTION TYPE SITE VISIT.CHAIN LINK FENCE RECENTLY INSTALLED,BLOCKING ROADWAY AND COUNTY ROW.PHOTOS TAKEN AND ATTACHED-JJ. 02-25-2020 CREATE A CASE COMPLAINT RECORDED BY HENRIG Your Privacy is important to us,for more information see our Privacy Policy.The services,information,and data made available at this Website are Provided"AS IS"without warranties of any kind.Monroe County and its authorized agents and contractors make no representations or warranties regarding the condition or functionality of this web site,its suitability for use,or that this web service Will be uninterrupted or error free. Connie Tarpley 1908 Harris Avenue Key West, FL 33040 tarpleyc@aol.com Dear Editor: I have lived in Key West for forty two years and have dined and played with friends on Stock Island throughout that time. I lived on Stock Island for 2 of those years and owned a sailboat during that time. The water and water activities were the reason I moved to Key West and I am sure I am not alone in that. I like to do paddle board yoga and kayak now that I no longer have a sailboat. Access to the water is an important part of living in the Keys, yet is seems that as the years have gone by more and more of that access is being lost. The most recent threat to that is to give one of the last remaining pieces of public waterfront access to developers on Stock Island. Though I appreciate the improvements that have been made to Stock Island, I am concerned about losing the most valuable possession on Stock Island for locals and that is access to the waterfront. Why does this give away of public land to private interest keep happening? This is especially appealing since it is neither legal or wanted by the public. The Community Keys Plan which was arrived at after many community workshops stressed the need and desire for maintaining and enhancing public access to the waterfront. That is what I am asking the commissioners to do, please make this a community friendly area where the families of Stock Island can stroll on hot nights, sit and look out at the water and launch their boats, dinghies, kayaks and wind and paddle boards. Let's make it a place the community can be proud of, not just a place where tourist can pass by on the few days they spend here. There is no reason both the community and the tourist can't have access to the waterfront. Sincerely, Connie L. Tarpley Key West 305 304 8248 Letter to Editor RE: Start your own community organization I write to encourage every neighborhood in the Florida Keys, to start their own community organization. If you already have one, I suggest you join it and become active. In Stock Island, we just started the Stock Island Association (SIA), for residents who live in the area,to fight our county commissioners from giving public waterfront property to developers. It's been done before, public land, public access to the water, taken away and given to private companies and developers here on Stock Island. By law, the public waterfront property is suppose to be protected, but county staff, developers, their lawyers, commissioners will justify giving the public waterfront property away, for exaggerated reasons, that are not honest. Even with a petition of over 1,200 signatures demanding that this "spit" of land on Laurel Ave, be kept public, I am unsure if we have a chance, as developers garner such tremendous "favors" from the county, it all doesn't make sense. Here in Stock Island, in just a few years, we have had such over development that we have a hard time getting off Stock Island and onto US 1 highway, the traffic has become horrendous with too many cars. Parking has become an issue. Our neighbors have been evicted from their homes, with no protection from our local government, only assistance to the developers who evicted these families. KW Resort utility continues to rip us off with such high rates and our quality of life has diminished. So we started SIA, to fight to protect what is left of Stock Island. We have joined one another to have a stronger voice, to learn information for what has been planned of our neighborhood, because we have been neglected and taken advantage of. So, to all you people living in the Keys, if you want to preserve a quality of life in your neighborhoods, become aware, share with your neighbors and start your own community organization for the people who live there and protect what you have. Diane Beruldsen Stock Island Founder SIA Letter To Editor Over the years, I've seen many trailer park families evicted from their homes in order for developers to build affordable housing, which was not affordable to those families evicted. More expensive housing was built and the county commissioners approved it all, giving developers whatever they wanted, instead of what the public needed. In regards to the spit of land on Laurel ave, where the public currently owns this waterfront property, the developers of Wreckers Cay want to take this land. Wreckers Cay are not good people. They did not offer the 100 families who were evicted in those trailer parks on Laurel ave, any options where else they could live. Instead, they turned in a false report of listings showing a one bedroom apartment in Key West for $500, a two bedroom apartment in Key West for $800, and all the reported houses on their listing was false. That report of possible places for those evicted was a lie and I feel the county should not do any favors for this company. We are telling other developing companies that if you come to the Florida Keys, we'll take care of you. We'll allow you to evict hard working people from their homes. We'll let you take those Rogos from that area to sell and use for another area. We'll give you for free, the Rogos you need to build your project. It's OK to build 300 apartments where there once was 100 homes thus impacting the area and over crowding Stock Island. We've had a lot of businesses go out of business because of COVID, and people are looking for work, they're not looking for a place to live, they're moving out of the Keys, so who are the developers building these 300 apartments for? But most important, is that the public owns this property that the county wants to abandon, to allow this horrible company to take over this land, so that the public will loose access to the water front. I wish the commissioners would stop working for the developers and start working for the people. George Grodzinski Stock Island SIA 305-394-5588 Letter to Editor July 1, 2020 RE: Save the Spit on Laurel Ave to keep for the public I have lived in the Florida Keys for over twenty years, and in Stock Island for last ten years. How lovely it would be if we could have a place to sit down on a bench to relax, drink a con leche, eat a croissant or to just feel the cool breeze in the evenings or to watch the sun rise. There is such a place where us locals could utilize. An area that has been unused for many years, because it's been blocked off by concrete barriers and not visible to the public. By simply putting benches on the spit at the end of Laurel Ave, this piece of land jets out and is a natural beauty to Stock Island. However, the land on Laurel Ave is at risk to be taken away from the public. I'm all for keeping the property open for all people of Stock Island. Please keep the property for the public, and let us utilize it's open water, open air and beautiful space. Sincerely Joann Murray Stock Island (305) 849 - 8124 Letter to Editor July 5, 2020 RE: Save the Spit On Laurel Ave Stock Island has changed considerably in the past several years. Everywhere you look are new hotels, restaurants and housing units. There's no argument on my part for providing affordable housing and road improvements, however, I do have a problem with the proposal to give away part of a county road and boat ramp access at the end of Laurel Ave. The developers of Wreckers Cay have long expressed their interest into acquiring it for free from our county commissioners who seem to think that this last little piece of old Stock Island would serve a better purpose in the hands of developers. We would loose boat ramp access, a beautiful view and possible pocket park area. It could be a very lovely place for locals to enjoy. The sheriff's department has long complained of derelicts vessels, trash and drunks in the area, but is throwing one's hands up in the air and walking away the best solution ? Yes, it's a challenge, but not an impossible one. Why should residents and visitors be denied access to waterfront property so wealthy developers can profit from our loss? Don't even get me started on how the Rogos units were manipulated and ended up at the Key West Yacht Club. There will be a meeting for Stock Island residents, Tuesday, July 14, 7PM at Bernstein Park building for discussion. The very next day on Wednesday, July 15, there will be a BOCC meeting when the county commissioners will decide whether this property will remain public property, for public to use, or to give it to the developers. Your voices are needed as well as phone calls to our county commissioners urging them to keep our public waterfront property on Laurel Avenue.... public! Karen H. Woodbum Stock Island 305-295-9858 Letter to Editor June 29, 2020 Keep Public Land Public I'm writing to share with the public, information about Stock Island that I feel is unjust. Giving away public land to developers. Currently, there is a piece of public waterfront land on Laurel Ave, and a petition which over 1,200 persons signed, telling the county commissioners they want to the public to keep this waterfront property to enjoy for themselves and to be open to the public. How sad that this piece of public property is about to be given to developers. The housing project the developers want to build will not be built on this land, so there is no practical purpose for the developers to be given this property. The company is Wreckers Cay and they want to take control and ownership of the land for their own personal use, keeping the public out. This is unjust and unfair. The people of this community have spoken. When a community makes it clear, they wish to keep possession of public land, there is no justification then to give it away to developers. This topic comes up at the next July BOCC meeting. To all the county commissioners, I urge you to listen to the people. They have a right to keep this public land. Sincerely Kim Barton Stock Island SIA 305-896-7283 Letter to the Editor I write this letter in protest of our county commissioners willing to give away waterfront property that is owned by the public. On Laurel avenue, in Stock Island, there is a strip of land that was created by the dredging that took place years ago. It is a pile from the water's bottom that today has formed a solid strip of land that comes out nicely to create a beautiful area where one can view the sunrise, or just relax and enjoy viewing the water. No one owns this land, there is no "title" for this property. Yet, the Wreckers Cay development company believes they should get this piece of land, simply because they will build 300 apartments nearby. Well I say this should stay in the public domain. It is lovely for the public to utilize. Our county commissioners will vote at the next BOCC meeting in July, whether to hand over this beautiful piece of spit, to the developers. I urge anyone interested for the public to keep this waterfront property to attend the virtual meeting, and let your voice be heard. I ask those wanting to preserve public waterfront property to write letters to our local newspapers, phone all the county commissioners telling them to vote NO and to keep this land for the public. Once this land is given away, the public will loose it forever. Signed Nancy Hillman Stock Island SIA 305-294-8815 To whom it concerns; Re: the giveaway to developers, the Laurel Ave. (PENNY LANE) undeveloped land. I remember the dredging of the bay when they created this man made spit. I grew up in Stock Island and played there in this park. It was a wonderful place, open and free, my friends and I had a great time growing up there. This is a beautiful piece of property. Then through the years, the place got covered up. You couldn't see it, if you didn't know it was there, because it was hidden from the public eye. Now I understand the county wants to give it to the developers. Why are the commissioners giving it away? Seems like there must be more to the story that we are not informed of at this time. So I ask now: Commissioners, I ask you all to listen and explain why we should give up our property to questionable developers? Why can't we leave it alone for the public and let the us maintain it. I can see this property used so much as it once was. Just let us fix it up, we'll take care of it. I'm telling you we had so much fun, it really is a great place to enjoy. Sincerely, Judy Montague 2393339100