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Item Q1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ** PUBLIC HEARING 3:00 P.M. ** Meeting Date: 10/18/06 - KW Department: County Attorney's Office Bulk Item: Yes _ No X Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of First Avenue, Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida and which was previously closed to public access pursuant to Resolution No. 279-1988. ITEM BACKGROUND: In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not strictly followed and the resolution stated closure, not the traditional language of an abandonment. During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to Mayor Spehar with details of the history and conclusion that the road was not previously abandoned. A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to abandon a portion of First Avenue, Stock Island, Monroe County, FL, The Petition has been reviewed and conditionally approved by Engineering (10111105) and the Fire Marshall (12/6/05). Petitioner provided written documentation of compliance with the conditions set forth by both the Engineer and the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on 4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent with Goal 213 c f the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe County Code. " PREVIOUS RELEVANT BOCC ACTION: On July 5, 1988, approved Resolution No. 279-1988 closing road. On September 20, 2006 approval to advertise and hold Public Hearing 10/18/06 in Key West. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of Resolution. TOTAL COST: Petitioner Pays BUDGETED: Yes No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: 4o�A 244== A. ,'COUNTY ATTORNEY DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # —J Revised 2/05 Petitioner Boyds Cwnpgromd, Ltd. RESOLUTION NO. - 2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO.279-1988. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore, BE IT' RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: PARC1,-L 1: A parcel of land on Stock Island being a portion of the N'ly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonakFs Plat of Stock Island as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SW'ly corner of the said Block 33, said point also being the N 1y right of way line of First Avenue and the E'.Iy right of way line of First Street and run thence E'ly along the N'ly right of way line of the said First Avenue, for a distance of 24.00 feet to a point, said point being the Point of Beginning, thence S'ly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence Nly with a deflection angle of 104°46'15" to the left and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel. thence meander W7y and NW'ly along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the Mly right of way line of the said First Avenue; thence W'ly and along the Nly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows; COMMENCE at the NW'ly corner of the said Block 44, said point also being file S'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of 32.00 feet to B point, said point being the Point of Beginning, thence Nly and at right angles for a distance of 17.50 feet; thence W ly and at right angles for a distance of 8.00 feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235. 00feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence S'ly with a deflection angle of 75013'45" to the right and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 31.03 feet to the S'ly right of way line of the said First A venue; thence W'iy with a deflection angle 104°46'15" to the right and along the S'ly right of way line of the said First Avenue for a distance of 234.90 feet back to the Point of Beginning. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 18h day of October, 2006. Mayor McCoy Mayor Pro Tern Spehar CommissionerNeugent Commissioner Patton Commissioner DiGennaro (SEAL) Attest: DANNY L.KOLHAGE, Clerk M Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Lo Mayor Charles "Sonny" McCoy (KW:RAP: FIRST AVE, STOCK ISLAND 10 18 06) Petitioner Boyd"s Campground, Ltd. RESOLUTION NO. 379 -2006 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO. 279- 1988. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on October 18, 2006 at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley- ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: (Attached as Exhibit A) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20th day of September, 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Glenn Patton Commissioner Mario DiGennaro D 1ANNY L.:KOLHAGE, CLERK Deputy Yee _ !V c- Yea ;o CA ryt -n Yea mr- v n Absent CDCP' ro „- a73 Yea .;' .. .3 r7 N 7 w BOARD OF COUNTY COMMISSIONERS OF MONROK COUNTY, FLORIDA By Mayor s "Sonny" McCoy MONROE COUNTY ATTOR I Y ,OAROVED AS TO 0 ZANNE A. U N EXKMff A to Resolution No _fig_ m 2006 PARCEL 1: A Parcel of land on Stock Island being a portion of the N'ly 12 of First Avenue, lying between the E'ly right of way lira; of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence E'ly along the N7y right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence S'!y and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenuefor a distance of 235.00 feet to the original shoreline of Boca Chica Chanel as shown on said Plat; thence Nly with a deflection angle of 104046'15" to the left and along the origmal shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel; thence meander W'ly and NW'ly along the apparent Meat High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the N7y right of wary line of the said First Avenue, thence W'ly and along the Mly right of way litre of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2: A parcel of land on Stock Island being a portion of the Sly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows; COMMENCE at the NW4y corner of the said Block 44, said point also being We S'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of 32. 00feet to B point, said point being the Point of Beginning; thence N'!y and at right angles for a distance of 17.50 feet, thence W'ly and at right angles for a distance of 8.00 feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat, thence Sly with a deflection angle of 75013'45" to the right and along the original shoreline of Boca Chica Charnel as shown on said Plat for a distance of 31.03 feet to the S'ly right of way line of the said First A venue; thence W'ly with a deflection angge 104046'15" to the right and along the S'ly right of wary line of the said First Avenuefor a distance of 234. 90 feet back to the Point of Beginning. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe Coun. Florida, will hold a public hearing on October 18, 2006 at 3:00 P.M. at the Harvey Governme Center, 1200 Truman Avenue, Key West, Florida, for the purpose of determining whether, riot the following streets, alley -ways, roads or highways shall be abandoned: FARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 1/2 of First Avenu I ying between the Fly right of way line of First Street and the original shoreline of Boca Chic Channel, also lying between Blocks 33 and 44, as shown. on George McDonald's Plat c Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe. Count Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SIMIy corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the Ely right of way line of First Street and run thence E'ly along the N'ly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said: point being the Point of Beginning; thence Sly and atright angles fora distance ofSO. 00 feet to the centerline of the sad F IretAvenue,* thence E'ly and at right angles along the centenine of the said Fast gt:.anue fora disfemre ofwn36 feet to the original shoreline of 00 Boca Chica Channel as shown on said Plat thence Nit with a deflection angle of 104°46'15"tothe left and along the ongfnal shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 (eat, more or less, to the apparent MeanMgh Water Line of the said Boca Chloe Ghannat thence meanderW'ly and NW'I along the apparent Mean Mgh Water Line of the said Baca Chloe Channel for a distance of 64 feet, more or less, to the N'ly right of way line of the said FltstAvenue: thence IMIy and along the N'ly right of way Ilne of the said First Avenue for a distance of 167 feet more or less, back to the Point of B9einnina. PARCEL 2: A Parcel of land on Stock Island being aportion of the S11y,1/2 of First Avenue, tying between the E'ly right of wayline of First d beet and the original shoreline Of Boca Chica Channel, also tying between Blocks 33 and 44, as. shown on Gearge McDonald's Plat Of Stock Island, as recorded in Plat Book 1, at page 55 of the Public Records of Monroe County, Florida, said parcel being More particularly described by metes and bounds as follows; uuMMENCE at the NW'Iy corner of the said Block 44, said point also being hie Sly right of way line of First Avenue and the EV right of way line of first Street and run thence E'ly along'.. the Sly right of way line of the said Fiisf Avenue for a distance of 32.00 fast to BPoint said point being the Point of BegJnellYtg; g`rence N7y andat right angles fora distance oP 1Y 50 feet'. thence IMlyand atrlghtahglesfora distance of 8.00 fast; thence N'ly andat right angles for a distance of 12,50`Peet Ea the csnterNne o/ the said First Avenue; thenca IF`ti' end at right angles alongthe, t Of to the a the sad First Avenue for a disFengg of 235bR feet to the ' onginaisC pns,{ goog Chloe, Marine, as shown on aafd;•l.�fah OZ; Sly with a deflection angle: r-a t 1t?'45," to fl1e ri ht aria along nre x 'L shorel/ne of Boca Chios Channel g distance o/ 31.03 feet to the Slyrlght of way line bf Nre Sflld , said Plat for a with a deflecton ant �j F. t once W ly ge 104'46'15"to the dghtanda/ong_e toltWay line of the said first Avenue for a dataruw of 2va an r �. �.._,.._ .� _ ;.�-,....:...._ . ursuant to Sectiop.a6&0105, Florida Statutes, notice lvl io that if s person decided appeal any d elan matla by the Board with respect tti a4 'mAffsr considered at such 3aringsormeeB' s, hewill ni la record of the,procesdht p,anfJ3hai, for such purpose, he wt e testimony and evidence upon wh ay need to ensure that a �rslbaCi record of the proosodi 00 made, which record Includes ich the appeal is to baed. Ited at Key West, Florida, 0qe 20Ih day of September, 20Q6. FANNY L. KOLHAGE, Clerk,of the ellreutt Court and ex offlcio Clerk of the Board bfbourfly Commissioners of Monroe Couny Florida 9 Key West Citizen (Sunday) 0IM6 and (Sunday) 10/1/06 yr %r 'q C UNT'YjMONROE KEYV ROnIDA3 (3031 zaa- l Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax John C. Dent, Jr., Esq. P.O. Box 3269 Sarasota, FL 34230 Re: Your File No. H08-0433 (First Avenue, Stock Island) Dear John: BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District I Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 Enclosed please find the most recent correspondence I have sent to the County Mayor. I think that I clearly explained therein my reasons for opining that the County did not abandon the road and never intended to do so. Your analysis of §336.12 Florida Statutes is well taken. It does provide that the act of the Commissioners in closing or abandoning or in renouncing or disclaiming any rights shall result in title of the owners being released. However, §336.09 uses the terminology "take, abandon, discontinue and close... and to renounce and disclaim any right of the county and the public, whether closure is an issue or not, an abandonment clearly requires that the public hearing, and that appropriate notices be made and filed in the Official Records with the resolution of abandonment. I have previously relied on §336.02(1)(a) which empowers the County Commission with general control of county roads whether by establishment, change, discontinuance, repair or otherwise. With that language and that found in Sections 336.09, 336.10, and 336.12, it would appear that the County has the authority to erect barriers prohibiting vehicular access without actually having to abandon all interest in a county road. I hope that you will revisit this issue, especially now that we know that there was never a recording in the Official Records of the County of Resolution No. 279-1988 along with the concomitant proofs of notice. Thank you for your attention to this matter. Sincerely, Suzanne A. Hutton Assistant County Attorney SAH/ss Enc. CC: Mayor Dixie Spehar Ervin Higgs, Property Appraiser C YSo nTROE KEY WESx RLORIDA S3oa0 (30'i�294-96C1 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax MEMORANDUM TO: Mayor Dixie Spehar Board of County Commissioners FROM: Suzanne A. Hutton Assistant County Attorney DATE: March 28, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehaz, District 1 Mayor Pro Tom Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 This is a follow-up to my memorandum dated March 20, 2003, as a result of some additional questions which you posed. First, my opinion that Resolution No. 279-1988 closed and did not abandon First Avenue, Stock Island was based upon the failure to meet all of the prerequisites of §336.10, Florida Statutes, as discussed in my March 20'h memo. At the time I wrote my March 20fh memo, I did not feel it was necessary to deal with an interpretation of the language of the Resolution because the County did not fulfill the statutory requirements for an abandonment. However, you have questioned whether the intent of the Resolution was to abandon the road and a clerical error led to the absence of proper filing in the Official Records of Monroe County. It is my opinion, that there was an intent to close and not abandon the road as more thoroughly discussed below. I will be sending a copy of this memo, as well as the last, to John Dent who wrote the September 2, 1999 letter which Mr. Ray brought to your attention. As previously stated, I do not believe Mr. Dent was provided with full information of the facts, but relied solely on the language of the Resolution in issuing his September 2, 1999 letter. The statutory language of §336.12, absent anything else, would indicate that the language which was used in Resolution No. 279-1988 be construed as an abandonment and not just a closure to physical vehicular traffic. However, the facts and circumstances indicate otherwise. In our discussion earlier today, I explained that since I have been doing the road abandonments, we have always used language that differed from that in Resolution No. 279-1988 whenever we wanted to actually abandon all interest in a public right-of-way. In fact, from my research, it appears that since at least 1981, the language that the County has used in its resolutions to effect or cause an abandonment has been the following language: "That said Board hereby renounces and disclaims any right of the County and the public in and to the following described street, alley -way, road or highway...." I am providing to you, as enclosures, a copy of Resolution No. I06-1981 along with the accompanying paperwork which is sent to the road abandonment petitioner after the completion of the County responsibility and advising the petitioner of the need for these documents to be recorded in order to clear title to the right-of-way. Additional documentation is enclosed to show that in 1987 and in 1988 other abandonments of rights -of -way were accomplished by using the same language, to -wit: Mayor Dixie Spehar March 28, 2003 Page Two Re: First Avenue, Stock Island "renounces and disclaims any right of the County and the public in and to the following described road (Res. No. 477-1988)" and "renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways (Res. No. 270-1987)." I am attaching with Resolution No. 477-1988 a copy of the letter to the petitioner telling him to file the proofs of publication of notice (of public hearing and of adoption of Resolution) and a certified copy of the Resolution with the Clerk of Court. Attached to Resolution 270-1987 is a similar letter. In both cases, you can see that the petitioner was also provided with the proofs of publication, but that seemed to be unnecessary paperwork for our purposes. The language used in Resolution No. 279-1988 is "that the Board hereby closes a portion of the following described street, alley -way, road or highway...." (Emphasis added.) The language is distinct from that used in all of those abandonment resolutions where the petitioners were informed to file copies of the Resolution of Abandonment along with the proofs of notice in the Official Records of the County. I would add that there is in my file, and a copy is attached, a copy of a memorandum from Dent Pierce to Captain Brown, then County Administrator, requesting permission to advertise for road closure. That memo specifies that a request was received to "close off a section of First Avenue on Stock Island due to severe problems with illegal dumping, derelict vehicles, drug usage and vagrancy." The memo further goes on to say that "we would like to block off' a specified section. Also enclosed for your information is a copy of a memo from then Code Enforcement Administrator to the Public Works Director, Dent Pierce, stating that Code Enforcement was constantly receiving complaints and asked that the feasibility of barricading and posting the property be considered. There is no doubt in my mind from all of the materials just discussed that there was never any intention to abandon the road, but only to close it to public use due to the dumping and illegal activities occurring on the property. It is, at least in my mind, absurd to think that the County should post no trespassing signs on property that it intended to abandon. Since the initiation of this closure was not from the adjacent property owners but from Code Enforcement asking that the property be posted by the County, I have no doubt that this was always intended to be a closure, prohibiting access for the illegal activities which had up to that point taken place on First Avenue. Please let me know if you have any further questions. cc: Ervin Higgs, Property Appraiser John C. Dent, Jr., Esq. 0OUNTY fo ONROE lay WEST 0.0NIDN 33W0 (3p5129 4W Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 Fax MEMORANDUM TO: Mayor Dixie Spehar FROM: Suzanne A. Hutton Assistant County Attomey DATE: March 20, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COUNTY COMMISSIONERS -- MAYOR Dixie M. Spehar, District I Mayor Pro Tern, Murray E. Nelson, District 5 George Neugent, District 2 Charles'Sonny" McCoy, District 3 David P. Rice, District 4 You initiated an inquiry about the abandonment of a segment of a platted right-of-way which, based on the information provided to you, had previously been abandoned. You provided me with a copy of a sketch showing a perpendicular line creating a segment of First Avenue, which commenced approximately 50 feet east of the easterly right-of-way line of First Street and continued to the east. According to Resolution 279-1988, the County closed a portion of First Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First Street and continuing approximately 170 feet to the dead end of First Avenue. Your inquiry was about the remainder of First Avenue, apparently up to the intersection with First Street. In our conversations, there was discussion about the difference between abandonment vs. closure and your understanding that the adjacent property owner(s) has (have) been taxed on their parcel with increased square footage as the result of Resolution 279-1988. I finally had an opportunity to go to the Property Appraiser's Office and to the County Deed Records or Official Recordslof Monroe County. Please be advised of the following: The date that additional land encompassed in the abandonment was added to the tax rolls has not been conclusively determined. The Property Appraiser's Office staff with whom I discussed the matter indicated it was possible that it may have been 1988 but could have been 2000 or 2001. They will have to conduct some research to give me a definitive answer. However, it is my interpretation of the governing statute that the placement on the tax roll, regardless of time, was in error. According to my research of the Official Records, there was never any recording Dixie Spehar First Ave., Sl March 20, 2003 Page 2 therein of the Resolution or of the public notices required by §336.10, Florida Statutes. A difference of opinion already exists as to the effect of the Resolution language. I wrote a memorandum on June 28, 1994, to Joyce Henson at the Property Appraiser's Office, stating the road was closed but not abandoned. John Dent, attorney for the Property Appraiser, has opined that the language used in the Resolution effected an abandonment of any interest the County had. Regardless of the interpretations of the Resolution, the State Statutes require that a very specific procedure be followed in order to accomplish the abandonment or vacation of the County's (or public's) interest in the platted road. Under §336.10, in order to accomplish the abandonment of the road, it is required that there be a public hearing, that there be notice of said hearing published at least two weeks prior to the date of the hearing in a newspaper of general circulation in the county, a Resolution duly adopted and entered upon the minutes of the commissioners after such public hearing, notice of the adoption of the Resolution published at least one time within 30 days after its adoption in a newspaper of general circulation in the county, and recordation in the County's deed records (Official Records), proof of both publications, plus the Resolution. The statutory procedure was not followed as the Resolution and proofs of notice were not recorded in the County's Official Records. By copy of this memo to the Property Appraiser, I hope that Mr. Dent will revisit this issue for purposes of the tax roll, because it appears that the materials from which he rendered his opinion did not disclose that there was no recording in the official records. Accordingly, it is my opinion that Resolution 279-1988 did no more than close the road to traffic and did not result in an abandonment or vacation of the County's (or public's) interest in said right-of-way. Inasmuch as the absence of recording pursuant to the statute resulted in only authority to physically close the road to vehicular traffic, it would be inappropriate and contrary to County policy to abandon the segment of First Avenue adjacent to Lot 20 as it is identified on the sketch which you provided to me. If you have any questions, please feel free to call. cc: Ervin Higgs COUNTYMONROE KEY WEST FLORIDA 330<0 (30512saJ8at Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 -Fax MEMORANDUM TO: Mayor Dixie Spehar FROM: Suzanne A. Hutton Assistant County Attorney DATE: April 28, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COUNTY COMMISSIONERS MAYOR Dixie M. Spehar, District 1 Mayor Pro Tern, Murray E. Nelson, Disgict 5 George Neugent, District 2 Charles "Sonny' McCoy, District 3 David P. Rice, District 4 This memo continues the saga of First Avenue, Stock Island, as previously addressed in my memorandums dated March 20 and March 28, 2003. Please be advised that the Property Appraiser's legal counsel sent to Mr. Higgs on April 11, 2003, a letter revising his prior opinion based on facts of which he had not been previously informed. As a result of his being made aware of the additional facts, he has concluded that First Avenue was not abandoned. As a result of a telephone conversation with Sharon Gonzalez in Mr. Higg's office, I am advised that the property owners affected will be sent information as to how to obtain refunds of the tax paid on the portion of First Avenue on which they have formerly been taxed. For your information, I was also advised that one of the affected property owners has only been taxed since the year 2001 and the other has been taxed since the year 2000. Since the road has not been abandoned and the County has an interest in retaining jurisdiction over it, I would anticipate that any petition for road abandonment by Mr. Ray would be fruitless. The Engineering Department has already indicated to me that the County has a substantial reason for retaining the road. That reason would probably result in both the Growth Management and Engineering recommendations that the County not approve any road abandonment petition for any part of First Avenue to the east of First Street. If you have any questions, please feel free to call. APr-11 NO1?A8N No.2064 P. 2 D&A . An tore AY Lm DENT & ASSOCIATES. P.A P.O. Sox 3259 • SAaAwrA, FLORIDA 34230 JoHN C. D.NT, JR. SHeRR( L. JoHMM E-MNLADDA : JDW)@DEN'rASS0C1AMI,C0M Joe D. OMIU MLcneu SAN &cHAM A. MILLI& OR COMISL April 11, 2003 VIA FACSIMILE — (305) 292-3501 Ervin A, Biggs, CFA, CRA Monroe County Property Appraiser's Office 500 Whitehead Street Key West, Florida 33040 Re: County Road — First Avenue, Stock Island Dear Erv; I have received further correspondence from Suzanne Hutton, Assistant County Attorney, with reference to the above issue regarding the purported closing a portion of a road on Stock Island. The statute regarding closing and abandonment of roads provides in §336.10, Fla, Stat., that notice of a proposed public hearing to effect closing or abandoning of roads is required to be published in a newspaper one time at least two weeks prior to the date scheduled for the hearing. Following the hearing a notice of the adoption of resolution by the commissioners is again to be published within 30 daya following the adoption. Thereafter, the a proof of publication of the notice of the hearing, the resolution, and the proof of publication of adoption are required to be recorded in the public records of the county. According to the documentation I have received it appears that the appropriate notice for the hearing of the resolution to "close" this portion of First Avenue in Stock Island was accomplished, I have also received a copy of resolution 279-1988 closing part of First Avenue. I have not been provided a notice of adoption of the resolution and appears from Suzanne's memo there never was one and it appears that the requisite recording of the appropriate documents in the public records never occurred. Generally, when a notice that is mandated by the word "shall," indicates failure to do so renders any action void. State v. Shields, 140 So.2d 144 (Fla. 1st DCA 1962). Further, there also is mandatory language of recording the various documents in the public records which apparently has not occurred an act also which would render the process void, If the second notice was not published and the documents not recorded then that would alter my previous 350 5. ORANGS APRNOR • SARAIM. FLORMA 54336 (94D 952.10)0 • FACIDUU M4D 952.1094 TtECEI ED MAY 1. 3� 03 Acr.II '_007 I`^:419Di' Gio.'064 P, 3 Ervin A. Higgs, CFA, CRA April 11, 2003 Page 2 opinion which was based purely on the interpretation of the resolution and its effect, not the procedural requirements. It should be noted that I have not searched the public records myself nor made an attempt to determine whether or not there was the second publication of the adoption of the resolution. For these, I am assuming the accuracy of Suzanne or other county employees who may have researched the matter. If you have further questions regarding this matter, please feel free to call me. ncere�. , J C. Dent, Jr. JCD/eb NAN08.0433\Opinion Lettaa\Ur-Higea-Opinion County Authority Over County Roads 041003.dm BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY * * PUBLIC HEARING 3:00 P.M. Meeting Date: 10/18/06 - KW Department: County Attorney's Office Bulk Item: Yes No X Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of First Avenue, Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida and which was previously closed to public access pursuant to Resolution No. 279-1988. ITEM BACKGROUND: In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not strictly followed and the resolution stated closure, not the traditional language of an abandonment. During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to Mayor Spehar with details of the history and conclusion that the road was not previously abandoned. A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to abandon a portion of First Avenue, Stock Island, Monroe County, FL. The Petition has been reviewed and conditionally approved by Engineering (10/11/05) and the Fire Marshall (12/6/05). Petitioner provided written documentation of compliance with the conditions set forth by both the Engineer and the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on 4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe County Co,*. " PREVIOUS RELEVANT BOCC ACTION: On July 5, 1988, approved Resolution No. 279-1988 closing road. On September 20, 2006 approval to advertise and hold Public Hearing 10/18/06 in Key West. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval of Resolution. TOTAL COST: Petitioner Pays BUDGETED: Yes No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: A. HbTT6R'C`6NTY ATTORNEY DOCUMENTATION: Included X Not Required DISPOSITION: Revised 2/05 AGENDA ITEM # Petitioner Boy& Campground, Ltd RESOLUTION NO. - 2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO.279-1988. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly I/2 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COh&NCE at the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the E'Jy right of way line of First Street and run thence E'ly along the Mly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence S'ly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original �.wrurnaarvrrcuvcugcnr Commissioner Patton Commissioner DiGennaro (SEAL) Attest: DANNY L.KOLHAGE, Clerk By Deputy Clerk (KW:RAP: FIRST AVE, STOCK ISLAND 10 18 06) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Charles "Sonny" McCoy Petitioner Boyd's Campground, Ltd. RESOLUTION NO. 379 -2006 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO. 279- 1988. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley -ways, roads or highways, and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on October 18, 2006 at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley- ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: (Attached as Exhibit A) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20th day of September, 2006. Mayor Charles "Sonny" McCoy Mayor Pro Tern Dixie Spehar Commissioner George Neugent Commissioner Glenn Patton Commissioner Mario DiGennaro (SVAL) ATTEST: DANNY L. KOLHAGE, CLERK By0b. Q . W-CIVAI1� Deputy Clerk 3 0 M Yes �' V! c= ;l Yes rn m - Yes M?-� C 3 Absent Yes ::; r; r - ' .. 7-Tj W BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By _ h , Mayor s "Sonny" McCoy MONME COUNTY ATTOR Y ABODOVE10) AS TO 0 ZANNE A. U N CQU of EXHIBIT A to Resolution No. 379 - 2006 PARCEL 1: A Parcel of land on Stock Island being a portion of the N'ly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the E'Jy right of way line of First Street and run thence E'ly along the Mly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning, thence S'ly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat, thence N'ly with a deflection angle of 104°46'15" to the left and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel, thence meander W'ly and NW'ly along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the N7y right of way line of the said First Avenue; thence W'ly and along the N'ly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonaldl's Plat of Stock Island as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows; COAIA&NCE at the NW'ly corner of the said Block 44, said point also being tile S'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of 32.00 feet to B point, said point being the Point of Beginning; thence N'ly and at right angles for a distance of 17.50 feet; thence W'1y and at right angles for a distance of & 00 feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue, thence E'ly and at right angles along the centerline of the said First Avenue for a dllstance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence S'ly with a deflection angle of 75° 13'45" to the right and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 31.03 feet to the S'ly right of wary line of the said First A venue; thence W ly with a deflection angge 104°46'15" to the right and along the S'ly right of way line of the said First Avenue for a distance of 234.90 feet back to the Point of Beginning. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 9/20/06 - MAR Bulk Item: Yes X No Division: County Attorney's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of First Avenue, Stock Island, Monroe County, Florida which was previously closed to public access by the BOCC in 1988. ITEM BACKGROUND: In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not strictly followed and the resolution stated closure, not the traditional language of an abandonment. During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to Mayor Spehar with details of the history and conclusion that the road was not previously abandoned. A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to abandon a portion of First Avenue, Stock Island, Monroe County, FL. The Petition has been reviewed and conditionally approved by Engineering (10/11/05) and the Fire Marshall (12/6/05). Petitioner provided written documentation of compliance with the conditions set forth by both the Engineer and the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on 4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe County Code. " PREVIOUS RELEVANT BOCC ACTION: On July 5, 1988, approved Resolution No. 279-1988 closing road. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on OCTOBER 18, 2006 in Key West, Florida. TOTAL COST: Petitioner Pays BUDGETED: Yes No _ COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: A. IfINTON, COUNTY ATTORNEY DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on October 18, 2006 at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, for the purpose of determining whether or not the following streets, alley -ways, roads or highways shall be abandoned: PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 112 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SW7y corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the EJy right of way line of First Street and run thence E'ly along the N'ly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning, thence S'ly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat, thence N'ly with a deflection angle of 104°46'15" to the left and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet more or less, to the apparent Mean High Water Line of the said Boca Chica Channel; thence meander W'ly and NW'1 along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or less, to the N'ly right of way line of the said First Avenue; thence W'ly and along the N'ly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 112 of FirstAvenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows; COMMENCE at the NW'ly corner of the said Block 44, said point also being file S'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the said First Avenue for a distance of 32.00 feet to B point, said point being the Point of Beginning, thence N'ly and at right angles for a distance of 17.50 feet,- thence W'ly and at right angles for a distance of 8. 00 feet, thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence S'ly with a deflection angle of 75113'45" to the right and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 31.03 feet to the S'ly right of way line of the said First A venue; thence W'ly with a deflection anlge 104°46'15" to the right and along the S'ly right of way line of the said First Avenue for a distance of 234.90 feet back to the Point of Beginning. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 20th day of September, 2006. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication date: The Key West Citizen (Sunday) 9/24/06 i ° � ������� /\ %/\� � _ ~. � , �� x '4 sAy / C S MONROE COUNTY PROPERTY APPRAISER COUNTY COURTHOUSE P.O. BOX 1176 KEY WEST, FLORIDA 33041 PHONE (305) 292-3420 ERVIN A. HIGGS, C.F.A.-CRA May 13, 2003 Edward T. Woodson, Jr. 14041 E. Radcliff Circle Aurora, CO 80015 RE: Closed portion of First Avenue Dear Mr. Woodson: After recent inquiries on the above referenced we've asked our attorney for his legal opinion as to how the tax roll should be carried concerning that portion of First Avenue. A copy of his opinion is enclosed herewith for your review. Please be advised that for the 1988 thru 1993, 2001 & 2002 you were being assessed for that portion of the closed First Avenue. We have corrected our records and will no longer be assessing that portion of First Avenue with your parcel. You may contact the Monroe County Tax Collector's Office to request a refund of the portion of taxes that were paid concerning First Avenue for the tax years 2001 & 2002. Unfortunately the time frame has elapsed for prior years. If you have any questions or if I may be of any assistance to you, please feel free to call upon our office for assistance. Very Truly Yours, ERVIN A. HIGGS, C.F.A.-CRA MONROE COUNTY PROPERTY APPRAISER By: cy" —,b/ - "d, Lynn" . Garcia, Deputy Clerk Real Estate Department Enclosure Cc: Suzanne Hutton, County Attorney EAH11mg RECEIVED MAY 13 2003 aiq� MEMBER PROFESSIONAL APPRAISERS ASSOCIATION OF FLORIDA FLORIDA ASSOCIATION OF PROPERTY APPRAISERS — INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS NATIONAL ASSOCIATION OF REVIEW APPRAISERS CFA MONROE COUNTY PROPERTY APPRAISER COUNTY COURTHOUSE P.O. BOX 1176 KEY WEST, FLORIDA 33041 PHONE (305) 292-3420 ERVIN A. HIGGS, C.F.A.-CRA May 13, 2003 Boyd's Campground Ltd. 6401 Maloney Ave. Key West, FL 33040 RE: Closed portion of First Avenue Dear Mr. Boyd: After recent inquiries on the above referenced we've asked our attorney for his legal opinion as to how the tax roll should be carried concerning that portion of First Avenue. A copy of his opinion is enclosed herewith for your review. Please be advised that for the 1988 thru 1993, 2001 & 2002 you were being assessed for that portion of the closed First Avenue. We have corrected our records and will no longer be assessing that portion of First Avenue with your parcel. You may contact the Monroe County Tax Collector's Office to request a refund of the portion of taxes that were paid concerning First Avenue for the tax years 2001 & 2002. Unfortunately the time frame has elapsed for prior years. If you have any questions or if I may be of any assistance to you, please feel free to call upon our office for assistance. Very Truly Yours, ERVIN A. HIGGS, C.F.A.-CRA MONROE COUNTY PROPERTY APPRAISER By:CZ2:�. Ly M. Garcia, Deputy Clerk Real Estate Department Enclosure Cc: Suzanne Hutton, County Attorney EAH/lmg RECEIVED MAY 1. 3 2001 0�eqy MEMBER PROFESSIONAL APPRAISERS ASSOCIATION OF FLORIDA FLORIDA ASSOCIATION OF PROPERTY APPRAISERS — INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS NATIONAL ASSOCIATION OF REVIEW APPRAISERS AUr•II• ZUUS IZ:4tlFM iNVZU04 F. Z ��&A. Ar=Nm Ai L" DENT & ASSOCIATES, P.A. P.O. Box 32" • SARASOTA, FLot1DA 34230 )owl C. DaNr, JR. IHIRRI L. jommom E-IMAILADDRF85: JDENI'@DEh'rASSOCIAT S.C.OM J. D. pW0166 MICHELE sANM RICKARD A. Mum 01 COUNSEL April 11, 2003 VIA FACSIMILE — (305) 292-3501 Ervin A. Higgs, CFA, CRA Monroe County Property Appraiser's Office 500 Whitehead Street Key West, Florida 33040 Re: County Road — First Avenue, Stock Island Dear Erv; I have received further correspondence from Suzanne Hutton, Assistant County Attorney, with reference to the above issue regarding the purported closing a portion of a road on Stock Island. The statute regarding closing and abandonment of roads provides in §336.10, Fla, Stat., that notice of a proposed public hearing to effect closing or abandoning of roads is required to be published in a newspaper one time at least two weeks prior to the date scheduled for the hearing. Following the hearing a notice of the adoption of resolution by the commissioners is again to be published within 30 days following the adoption. Thereafter, the a proof of publication of the notice of the hearing, the resolution, and the proof of publication of adoption are required to be recorded in the public records of the county. According to the documentation I have received it appears that the appropriate notice for the hearing of the resolution to "close" this portion of First Avenue in Stock Island was accomplished. I have also received a copy of resolution 279-1988 closing part of First Avenue. I have not been provided a notice of adoption of the resolution and appears from Suzanne's memo there never was one and it appears that the requisite recording of the appropriate documents in the public records never occurred. Generally, when a notice that is mandated by the word "shall," indicates failure to do so renders any action void. State v. Shields, 140 So.2d 144 (Fla. 1st DCA 1962). Further, there also is mandatory language of recording the various documents in the public records which apparently has not occurred an act also which would render the process void. If the second notice was not published and the documents not recorded then that would alter my previous 330 S. ORANGE AVENUE . SARASM, PWRW 34234 (941) 952.10l0 • FAcuuU MD 952.1094 RECEIVED AIRY 13 2flo3. Ervin A. Higgs, CFA, CRA April 11, 2003 Page 2 opinion which was based purely on the interpretation of the resolution and its effect, not the procedural requirements. It should be noted that I have not searched the public records myself nor made an attempt to determine whether or not there was the second publication of the adoption of the resolution. For these, I am assuming the accuracy of Suzanne or other county employees who may have researched the matter. If you have further questions regarding this matter, please feel free to call me. ncerel , J C. Dent, Jr. JCD/eb N:MS-04WOpinion LetteroV.tr-Higgs-Opinion County Authority Over County Roods 041003.doc cc�m;y- io.:M'T ROE 33040 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516- Fax G MEMORANDUM TO: Mayor Dixie Spehar FROM: Suzanne A. Hutton Assistant County Attorney DATE: April 28, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COVNTY COMMISSIONERS MAYOR Dixie M. 5pehar, District 1 Mayor Pro Tem, Murray E. Nelson, NsUict 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 This memo continues the saga of First Avenue, Stock Island, as previously addressed in my memorandums dated March 20 and March 28, 2003. Please be advised that the Property Appraiser's legal counsel sent to Mr. Higgs on April 11, 2003, a letter revising his prior opinion based on facts of which he had not been previously informed. As a result of his being made aware of the additional facts, he has concluded that First Avenue was not abandoned. As a result of a telephone conversation with Sharon Gonzalez in Mr. Higg's office, I am advised that the property owners affected will be sent information as to how to obtain refunds of the tax paid on the portion of First Avenue on which they have formerly been taxed. For your information, I was also advised that one of the affected property owners has only been taxed since the year 2001 and the other has been taxed since the year 2000. Since the road has not been abandoned and the County has an interest in retaining jurisdiction over it, I would anticipate that any petition for road abandonment by Mr. Ray would be fruitless. The Engineering Department has already indicated to me that the County has a substantial reason for retaining the road. That reason would probably result in both the Growth Management and Engineering recommendations that the County not approve any road abandonment petition for any part of First Avenue to the east of First Street. If you have any questions, please feel free to call. Co UNTYSonNROE KEYWESTDA MM (M5) 2s4-4s41 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax John C. Dent, Jr., Esq. P.O. Box 3269 Sarasota, FL 34230 Re: Your File No. H08-0433 (First Avenue, Stock Island) Dear John: BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 Enclosed please find the most recent correspondence I have sent to the County Mayor. I think that I clearly explained therein my reasons for opining that the County did not abandon the road and never intended to do so. Your analysis of §336.12 Florida Statutes is well taken. It does provide that the act of the Commissioners in closing or abandoning or in renouncing or disclaiming any rights shall result in title of the owners being released. However, §336.09 uses the terminology "take, abandon, discontinue and close... and to renounce and disclaim any right of the county and the public, whether closure is an issue or not, an abandonment clearly requires that the public hearing, and that appropriate notices be made and filed in the Official Records with the resolution of abandonment. I have previously relied on §336.02(1)(a) which empowers the County Commission with general control of county roads whether by establishment, change, discontinuance, repair or otherwise. With that language and that found in Sections 336.09, 336.10, and 336.12, it would appear that the County has the authority to erect barriers prohibiting vehicular access without actually having to abandon all interest in a county road. I hope that you will revisit this issue, especially now that we know that there was never a recording in the Official Records of the County of Resolution No. 279-1988 along with the concomitant proofs of notice. Thank you for your attention to this matter. Sincerely, Suzanne A. Hutton Assistant County Attorney SAH/ss Enc. CC: Mayor Dixie Spehar Ervin Higgs, Property Appraiser CC UKEY NTYSO�LqNROE WESTDA 33040 (305)294-4941 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 - Phone 305/292-3516 - Fax MEMORANDUM TO: Mayor Dixie Spehar Board of County Commissioners FROM: Suzanne A. Hutton 1 ��X Assistant County Attorney DATE: March 28, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District I Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 David P. Rice, District 4 This is a follow-up to my memorandum dated March 20, 2003, as a result of some additional questions which you posed. First, my opinion that Resolution No. 279-1988 closed and did not abandon First Avenue, Stock Island was based upon the failure to meet all of the prerequisites of §336.10, Florida Statutes, as discussed in my March 20'h memo. At the time I wrote my March 20'h memo, I did not feel it was necessary to deal with an interpretation of the language of the Resolution because the County did not fulfill the statutory requirements for an abandonment. However, you have questioned whether the intent of the Resolution was to abandon the road and a clerical error led to the absence of proper filing in the Official Records of Monroe County. It is my opinion, that there was an intent to close and not abandon the road as more thoroughly discussed below. I will be sending a copy of this memo, as well as the last, to John Dent who wrote the September 2, 1999 letter which Mr. Ray brought to your attention. As previously stated, I do not believe Mr. Dent was provided with full information of the facts, but relied solely on the language of the Resolution in issuing his September 2, 1999 letter. The statutory language of §336.12, absent anything else, would indicate that the language which was used in Resolution No. 279-1988 be construed as an abandonment and not just a closure to physical vehicular traffic. However, the facts and circumstances indicate otherwise. In our discussion earlier today, I explained that since I have been doing the road abandonments, we have always used language that differed from that in Resolution No. 279-1988 whenever we wanted to actually abandon all interest in a public right-of-way. In fact, from my research, it appears that since at least 1981, the language that the County has used in its resolutions to effect or cause an abandonment has been the following language: "That said Board hereby renounces and disclaims any right of the County and the public in and to the following described street, alley -way, road or highway...." I am providing to you, - as enclosures, a copy of Resolution No. 106-1981 along with the accompanying paperwork which is sent to the road abandonment petitioner after the completion of the County responsibility and advising the petitioner of the need for these documents to be recorded in order to clear title to the right-of-way. Additional documentation is enclosed to show that in 1987 and in 1988 other abandonments of rights -of -way were accomplished by using the same language, to -wit: Mayor Dixie Spehar March 28, 2003 Page Two Re: First Avenue, Stock Island "renounces and disclaims any right of the County and the public in and to the following described road (Res. No. 477-1988)" and "renounces and disclaims any right of the County and the public in and to the following described streets, alley -ways, roads or highways (Res. No. 270-1987)." I am attaching with Resolution No. 477-1988 a copy of the letter to the petitioner telling him to file the proofs of publication of notice (of public hearing and of adoption of Resolution) and a certified copy of the Resolution with the Clerk of Court. Attached to Resolution 270-1987 is a similar letter. In both cases, you can see that the petitioner was also provided with the proofs of publication, but that seemed to be unnecessary paperwork for our purposes. The language used in Resolution No. 279-1988 is "that the Board hereby closes a portion of the following described street, alley -way, road or highway...." (Emphasis added.) The language is distinct from that used in all of those abandonment resolutions where the petitioners were informed to file copies of the Resolution of Abandonment along with the proofs of notice in the Official Records of the County. I would add that there is in my file, and a copy is attached, a copy of a memorandum from Dent Pierce to Captain Brown, then County Administrator, requesting permission to advertise for road closure. That memo specifies that a request was received to "close off a section of First Avenue on Stock Island due to severe problems with illegal dumping, derelict vehicles, drug usage and vagrancy." The memo further goes on to say that "we would like to block off' a specified section. Also enclosed for your information is a copy of a memo from then Code Enforcement Administrator to the Public Works Director, Dent Pierce, stating that Code Enforcement was constantly receiving complaints and asked that the feasibility of barricading and posting the property be considered. There is no doubt in my mind from all of the materials just discussed that there was never any intention to abandon the road, but only to close it to public use due to the dumping and illegal activities occurring on the property. It is, at least in my mind, absurd to think that the County should post no trespassing signs on property that it intended to abandon. Since the initiation of this closure was not from the adjacent property owners but from Code Enforcement asking that the property be posted by the County, I have no doubt that this was always intended to be a closure, prohibiting access for the illegal activities which had up to that point taken place on First Avenue. Please let me know if you have any further questions. cc: Ervin Higgs, Property Appraiser John C. Dent, Jr., Esq. CC�IYSo nNROE FLORID. 33040 (305)294.4641 Office of the County Attorney PO Box 1026 Key West, FL 33041-1026 305/292-3470 -Phone 305/292-3516 -Fax MEMORANDUM TO: Mayor Dixie Spehar FROM: Suzanne A. Hutton C�W Assistant County Attorney DATE: March 20, 2003 SUBJECT: First Avenue, Stock Island BOARD OF COUNTY COMMISSIONERS MAYOR Dixie M. Spehar, District 1 Mayor Pro Tem, Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny' McCoy, District 3 David P. Rice, District 4 You initiated an inquiry about the abandonment of a segment of a platted right-of-way which, based on the information provided to you, had previously been abandoned. You provided me with a copy of a sketch showing a perpendicular line creating a segment of First Avenue, which commenced approximately 50 feet east of the easterly right-of-way line of First Street and continued to the east. According to Resolution 279-1988, the County closed a portion of First Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First Street and continuing approximately 170 feet to the dead end of First Avenue. Your inquiry was about the remainder of First Avenue, apparently up to the intersection with First Street. In our conversations, there was discussion about the difference between abandonment vs. closure and your understanding that the adjacent property owner(s) has (have) been taxed on their parcel with increased square footage as the result of Resolution 279-1988. I finally had an opportunity to go to the Property Appraiser's Office and to the County Deed Records or Official Records, of Monroe County. Please be advised of the following: The date that additional land encompassed in the abandonment was added to the tax rolls has not been conclusively determined. The Property Appraiser's Office staff with whom I discussed the matter indicated it was possible that it may have been 1988 but could have been 2000 or 2001. They will have to conduct some research to give me a definitive answer. However, it is my interpretation of the governing statute that the placement on the tax roll, regardless of time, was in error. According to my research of the Official Records, there was never any recording Dixie Spehar First Ave., SI March 20, 2003 Page 2 therein of the Resolution or of the public notices required by §336.10, Florida Statutes. A difference of opinion already exists as to the effect of the Resolution language. I wrote a memorandum on June 28, 1994, to Joyce Henson at the Property Appraiser's Office, stating the road was closed but not abandoned. John Dent, attorney for the Property Appraiser, has opined that the language used in the Resolution effected an abandonment of any interest the County had. Regardless of the interpretations of the Resolution, the State Statutes require that a very specific procedure be followed in order to accomplish the abandonment or vacation of the County's (or public's) interest in the platted road. Under §336.10, in order to accomplish the abandonment of the road, it is required that there be a public hearing, that there be notice of said hearing published at least two weeks prior to the date of the hearing in a newspaper of general circulation in the county, a Resolution duly adopted and entered upon the minutes of the commissioners after such public hearing, notice of the adoption of the Resolution published at least one time within 30 days after its adoption in a newspaper of general circulation in the county, and recordation in the County's deed records (Official Records), proof of both publications, plus the Resolution. The statutory procedure was not followed as the Resolution and proofs of notice were not recorded in the County's Official Records. By copy of this memo to the Property Appraiser, I hope that Mr. Dent will revisit this issue for purposes of the tax roll, because it appears that the materials from which he rendered his opinion did not disclose that there was no recording in the official records. Accordingly, it is my opinion that Resolution 279-1988 did no more than close the road to traffic and did not result in an abandonment or vacation of the County's (or public's) interest in said right-of-way. Inasmuch as the absence of recording pursuant to the statute resulted in only authority to physically close the road to vehicular traffic, it would be inappropriate and contrary to County policy to abandon the segment of First Avenue adjacent to Lot 20 as it is identified on the sketch which you provided to me. If you have any questions, please feel free to call. cc: Ervin Higgs C UNTY joNROE KEY WESTLORIDA 33040 (305)294-4641 County Attorney 310 Fleming Street Key West, FL 33040 (305)292-3470 M E M O R A N D U M DATE: June 28, 1994 TO: Joyce Henson Property Appraiser's office FROM: Suzanne A. Hutton Assistant County Atto ney RE: First Avenue - Stock Island ZD OF-C.'OUNTY-COMMISSIONERS MAYOR, Jack London, District 2 Mayor Pro Tem, A Earl Cheal, District 4 Wilhelmina Harvey, District 1 Shirley Freeman, District 3 Mary Kay Reich, District 5 You requested in ormation from the County ttorney s Mice concerning the closure of First Avenue, Stock Island, Monroe County, Florida, per BOCC Resolution No. 279-1988. That resolu- tion did not use the language customarily utilized by the County in abandoning and vacating a road, thereby relinquishing all interest of the County therein. Rather, Resolution No. 279-1988 provided only that "The Board hereby closes a portion of the following described street ...." Although abandonment and closure of roads are required by the same statute to follow the same procedures, there is a dis- tinction between abandonment and closure. See Seaside Pro - erties Inc. v. State Road Department, 190 So.2d 391, a. ; ou in V. Okaloosa County, 580 So.2d 205 (Fla. 1st DCA 1991). e County only closed 1-be road and never indicated in its resolution any intent to vacate or abandon the road and relin- quish interest therein. Further, the background information which gave rise to the closure was a request from the County's Code Enforcement Department due to "illegal dumping, derelict vehicles, drug uses and vagrancy" in that area. In a memorandum from the Assistant County Administrator for the Public Works Division to the County Attorney, May 6, 1988, a request was made to block off a portion of First Avenue, but there was no request for relinquishing the County's interest therein. Accordingly, it is my opinion that the resolution did no more than authorize the County Public Works to place barriers on the right-of-way to discontinue the use of that portion of First Avenue which was closed by the resolution. At such time as the County finds that it is necessary to reopen the road, it could do SO. If you have any questions, please feel free to call. SAH/ j eh BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 } .i �GpUNTYC .......... UIQ�F �G•9� UJ F COUN� xuannp 1. Retbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 M E M O R A N D U M To: Lucien Proby, County Attorney From: Danny L. Kolhage, Clerk Subject: Resolution No. 279-1988 Date: July 11, 1988 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 On July 5, 1988, the Board of County Commissioners adopted Resolution No. 279-1988 closing a portion of the following described street, alley way, road or highway: a portion of First Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First Street and continuing approx- imately 170 feet to the deadend of First Avenue, Stock Island, Monroe County. Attached are three certified copies of the subject Resolution for your use and records. :::Pr Rosalie L. C nnolly Deputy Clerk Attachments cc: Mayor Lytton County Administrator Property Appraiser Tax Collector Asst. Co. Admin. - Public Works File Monroe County Commission RESOLUTION NO. 279 -1988 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to close a portion of the hereinafter described street, alley -way, road or highway, and WHEREAS, due notice was published and a public hearing was held on July 5, 1988, and WHEREAS, at said public hearing -no objections were made to the closing of a portion of the hereinafter described street, alley -way, road or highway as delineated on the hereinafter described map or plat, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby closes a portion of the following described street, alley -way, road or highway as delineated on the hereinafter described map or plat, to -wit: a portion of First Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First Street and continuing approximtely 170 feet to the deadend of First Avenue, Stock Island, Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 5th day of July, A.D. 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: DANIVY L,1_sUL-h.c".G4.. Glens 0"5I08I2006 08:24 FAX 305296853-5 FELDMAN KOEHIG HIGHSMIT-LL� 4 001/002 F it & H FELDMAN KOEIVIG & AYGHSMrm, P.A. .ATTORNEYS A LA w ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040 ROBERT E. HIGHSMITH TELEPHONE (305) 2%43851 DAVID VAN LOON FACSIMILE (305) 296-8675 To: Fax. Phone: Re: / FAX COVER SHEET Suzanne Hutton, Esquire From: John Marston, Esquire 1 st Avenue Abandonment 518106 RECErVED MAY 0 8 100 MONRDE C0UIVTYAT 6 rp 6 Y x Urgent x For Review ❑ Please Comment ❑ Please Reply Q Please Recycle Suzanne, In follow up to your letter of May 3, please see attached letter of no objection from neighbor Eadeh Bush Company, LLC. Thank you. John THE NNFORMATION CONTAINED 1N TMS FACSMN E MESSAGE I$ ATTORNEY PRMLEGED AND CONFFDENTIAL W 1ENOED ONLY FOR THE USE OF THE INDMDUAL OR ENTITY NAMED ABOVE F THE READER OF THIS MESSAGE 15 NOT THE WENDED RECA NT. YOU ARE NEWRY NOTIFIED THAT ANY DISSEMNYAMM D1Sn%BUT10N OR COPY OF TWS COMMUNOAT M 1S SnwCTLY PRONI&T£D. 7 YOU HAVE RECEIVED THIS COMMUNIAOATiON NW ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGNNAL MESSAGE TO US AT TTNE ABOVE ADDRESS VIA THE US POSTAL SNEIVTCE REAL ESTATE ID ESTATE PE-ANNING 0 PROBATE 0 LRTGATION .05/08/2006 08:24 FAX 3052968f,--'S FELOMAN KOENIG HIGHSMIT-� I9 002/002 Eadeh Bush Company, LLC 12 Driftwood Dr. - Key West, FL 33040 3051296-0270 phone 305129245496 fax May 9, 2005 Monroe County Government Re: Abandonment of 1" Avenue on Stock Island Dear Sirs: As an adiacent property owner at 6325 First Street, we have no objection to the abandonment and closure of the east end of 1't Avenue. If there are any questions, please call. Respectfully yours, Eadeh Bush Company, LLC A" /�V� Bush Sneed, PE RBSibs cc: Dan Hamilton BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro TernMurray E. Nelson, District 5 OU NTY oMON ROE George Neugent, District 2 KEY WEST FLORI�A 33040 r David P. Rice, District 4 (�)2sa-asap Dixie M. Spehar, District 1 C e " of idle eoun* mwaw* 502 wNdebead sue, 3-d Raox., () Y"t Ofliee .,Bast 1026 x,v `lUeet, g e 33041-7026 (305) 292-347C May 3, 2006 Mr. John Marston, Esq., Agent for: Daniel Hamilton, Petitioner Feldman, Koenig & Highsmith, P.A. 3158 Northside Drive Key West, FL 33040 RE: Road Abandonment, First Avenue on Stock Island Dear Sirs: Your letters committing on behalf of your client to an easement have been received. I have not noticed any letter of no objection from Eadeh Bush Company LLC, which appears to own the property on the other side of the road. Since the requested road abandonment appears to encompass an area affecting that owner, a letter of no objection would be needed. Also, they would have to join in the agreement to the 30 foot wide easement unless all of the 30 feet would be on the south side of the centerline. I hope I have missed the letter of no objection from the Eadeh Bush Company in the file and that it has already been submitted as indicated by the Planning Department. It is difficult to believe we could have got to this stage without it being produced. At any rate, assuming there is such a letter and there is either an agreement for all of the easement to be on Parcel 2, or both property owners agree to the conditional approval and provide a survey of the easement area, we could place a request for public hearing on the BOCC agenda. Normally, a resolution of abandonment would not be executed until the required easement is recorded. However, please note the attached Planning Department recommendation to deny the petition based on the termination of the platted road in water and the Code prohibition against abandonment, as well as the inconsistency of abandonment with Goal 213. With such a recommendation, the likelihood of a resolution of abandonment is extremely low. Mr. John Marston, Esq., Agent for: Daniel Hamilton, Petitioner May 3, 2006 Page Two While the §16-1(a), MCC, prohibition of abandoning a right-of-way terminating on an open body of water was interpreted many years ago to distinguish platted versus built and water with access versus water with no access (due to dense mangroves), those distinctions have not been considered for roughly ten years. When the Planning Department has recommended denial in the past, the petitioner has had to commit to payment of the costs of advertising the public hearing regardless of the outcome of the hearing. I will have to check the prior such situation to see if a deposit was required if you wish to proceed notwithstanding the recommendation. Please call if you have any questions. Sincerely, Suzanne -A. JTutton County.Attorney SAH:kmp Enclosures cc: Planning Director r County Engineer Fire Marshall RECEIVED MEMORANDUM MAY 0 1 2006 MONROE COUNTY ATTORNEY TO: Suzanne Hutton, County Attorney THROUGH: Aref Joulani, Director of Planning & Environmental FROM: Joseph Haberman, Planner Timothy Richard, Senior Planning Technician DATE: April 26, 2006 SUBJECT: Request for road abandonment by Tim Koenig on behalf of Boyd's Campground, Ltd. REQUEST: Boyd's Campground, Ltd., property owner of Real Estate Number 00125670.000000, has requested the abandonment of a portion of First Avenue in Maloney Subdivision, Stock Island, Florida. The Boyd's Campground property is within a Recreational Vehicle (RV) land use district. The property is developed with recreational vehicle spaces, campground spaces, commercial buildings and accessory structures. Roadway Description The portion of First Avenue which is the subject of the request is shown in Plat Book 1, Page 55 of the Public Records of Monroe County. The segment of First Avenue in question lies to the North of the Boyd's Campground property, to the East of First Street, to the South of a residential property owned by Eadeh Bush Company, and to the West of Boca Chica Channel. The subject segment has been cleared, but there is no evidence that any pavement has ever been laid. The subject segment is blocked off from traffic and is accessible by a locked gate. Use of the Road No permitted use of the subject segment of First Avenue was located by Planning Staff. However, it is being used currently for the storage of numerous trailers and boats. Development Potential At this time, it appears unlikely that the subject segment of First Avenue would be reopened to traffic. If the right -of -away were to be abandoned, it could serve as an extension to Boyd's Campground development. First Avenue, Stock Island Road Abandonment Page 1 of 2 Shoreline Access The subject segment of First Avenue terminates at the open waters of the Boca Chica Channel. Staff Review A review of the records and an on site inspection of the property revealed the following: The subject segment of First Avenue has been cleared, but the original platted roadbed shows no signs of ever having been completed. 2. The applicant has received a letter from Bush Sneed of the Eadeh Bush Company, the only other contiguous property owner to the right -of -away in question, stating that he has no objection to proposed abandonment. 3. The subject segment of First Avenue terminates on the open waters of the Boca Chica Channel. Pursuant to Monroe County Code Sec. 16-1, "no dedicated and accepted right -of -away in the county can be abandoned where the right -of -away terminates on a body of open water." Further, pursuant to Goal 213 of the Monroe County Year 2010 Comprehensive Plan, the county shall ensure adequate public access to the shoreline. Objective 213.1 specifies that the county shall "maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints." CONCLUSION: Planning Staff recommends denial of the request by Boyd's Campground, Ltd. for a road abandonment of a portion of First Avenue based on the following: 1. The road terminates on a body of water, and thereby is not consistent with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe County Code. First Avenue, Stock Island Road Abandonment Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Mayor Charies "Sonny" McCoy, District 3 Mayor Pro Tern Murray E. Nelson, District 5 UNTY jo'�MONROE George Neugent, District 2 KEY WESTLORIDA 33040 David P. Rice, District 4O4 (305)2944641 Dixie M. Spehar, District 1 o>of the esuos&,� av"wv 502 W iitdEead Shed, .Rem foot Vgke Bea 1026 34 Wwt, .7L' 33041-1026 (305) 292-347C MEMORANDUM TO: Dave Koppel, County Engineer Clark Martin, Fire Chief FROM: Kathy Peters, Paralegal/Administrative Liaiso County Attorney's Office RE: Road Abandonment Petition Review: Portion of First Avenue, Stock Island (Boyd's Campground) DATE: May 2, 2006 Enclosed please find a copy of the response received by this office from the Planning Department recommending denial of the request by Boyd's Campground, Ltd. in the above -referenced Road Abandonment Petition. Thank you. SABkmp: Enclosures RECEIVED MEMORANDUM MAY o l zoos MONROE COUNTY ATTORNEY TO: Suzanne Hutton, County Attorney THROUGH: Aref Joulani, Director of Planning & Environmental FROM: Joseph Haberman, Planner Timothy Richard, Senior Planning Technician DATE: April 26, 2006 SUBJECT: Request for road abandonment by Tim Koenig on behalf of Boyd's Campground, Ltd. REQUEST: Boyd's Campground, Ltd., property owner of Real Estate Number 00125670.000000, has requested the abandonment of a portion of First Avenue in Maloney Subdivision, Stock Island, Florida. The Boyd's Campground property is within a Recreational Vehicle (RV) land use district. The property is developed with recreational vehicle spaces, campground spaces, commercial buildings and accessory structures. Roadway Description The portion of First Avenue which is the subject of the request is shown in Plat Book 1, Page 55 of the Public Records of Monroe County. The segment of First Avenue in question lies to the North of the Boyd's Campground property, to the East of First Street, to the South of a residential property owned by Eadeh Bush Company, and to the West of Boca Chica Channel. The subject segment has been cleared, but there is no evidence that any pavement has ever been laid. The subject segment is blocked off from traffic and is accessible by a locked gate. Use of the Road No permitted use of the subject segment of First Avenue was located by Planning Staff. However, it is being used currently for the storage of numerous trailers and boats. Development Potential At this time, it appears unlikely that the subject segment of First Avenue would be reopened to traffic. If the right -of -away were to be abandoned, it could serve as an extension to Boyd's Campground development. First Avenue, Stock Island Road Abandonment Page 1 of 2 Shoreline Access The subject segment of First Avenue terminates at the open waters of the Boca Chica Channel. Staff Review A review of the records and an on site inspection of the property revealed the following: 1. The subject segment of First Avenue has been cleared, but the original platted roadbed shows no signs of ever having been completed. 2. The applicant has received a letter from Bush Sneed of the Eadeh Bush Company, the only other contiguous property owner to the right -of -away in question, stating that he has no objection to proposed abandonment. 3. The subject segment of First Avenue terminates on the open waters of the Boca Chica Channel. Pursuant to Monroe County Code Sec. 16-1, "no dedicated and accepted right -of -away in the county can be abandoned where the right -of -away terminates on a body of open water." Further, pursuant to Goal 213 of the Monroe County Year 2010 Comprehensive Plan, the county shall ensure adequate public access to the shoreline. Objective 213.1 specifies that the county shall "maintain and increase the amount of public access to the beach or shoreline consistent with the estimated public need and environmental constraints." CONCLUSION: Planning Staff recommends denial of the request by Boyd's Campground, Ltd. for a road abandonment of a portion of First Avenue based on the following: 1. The road terminates on a body of water, and thereby is not consistent with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe County Code. First Avenue, Stock Island Road Abandonment Page 2 of 2 FK&H ROBERT T. FELDMAN TIMOTHY J. KOENIG ROBERT E. HIGHSMITH DAVID VAN LOON Suzanne A. Hutton, Esquire Assistant County Attorney 502 Whitehead Street Key West, FL 33042 FELDMAN KOEIVIG & HIGHSMITH, P.A. ATTORNEYS AT LAW April 4, 2006 Re: Abandonment of 1 st Avenue Dear Suzanne: 3158 NORTHSIDE DRIVE KEY WEST, FLORIDA 33040 TELEPHONE (305) 296-8851 FACSIMILE (305) 296-8575 I've enclosed the applicant's letter of assent to the Fire Marshall's conditional approval, along with other relevant materials that may have been misplaced form your file, according to a telephone conversation I had a couple of weeks ago with a member of your staff. I would be most grateful to learn that this matter will be placed on the next available agenda. Thank you. Very trulv yours. JM.jc J Marston cc: Dan Hamilton, Esquire encl. RECEIVED APR 0 5 2006 MONROE COUNTY ATTORNEY C UNTY jo�MONROE KEY WESTLORIDA 33040 (305)294-4641 Om of t(w (.aunt# au ww+ 502 2vfiaeikad street, 3-d , (Recm) `.Peet v f fkz Sax 1026 Xe# `Weet, 3,C 33041-1026 (305) 292-3470 December 9, 2005 Mr. John Marston, Esq., Agent for: Daniel Hamilton, Petitioner Feldman, Koenig & Highsmith, P.A. 3158 Northside Drive Key West, FL 33040 Dear Mr. Marston: BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Dixie M. Spehar, District 1 Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this office December 8,2005 citing the following conditional approval: "The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). " Please provide written documentation that indicates your client is willing to comply with the Fire Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly. Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470. Sin r y gA<- - Kathy M. et for: SuzanneA. Yfutton ,assistant County Attorney KMP/ Enclosure: 12/6/05 Letter from Fire Marshall's Office cc: Mr. Daniel Hamilton, Petitioner Planning Director County Engineer Fire Marshall BOARD OF COUNTY COMMISSIONERS ,-,�--- Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem, Murray E. Nelson, District 5 UNTYSo��qNROE George Neugent, District 2 KEY WESTDA 33040 Dixie M. Spehar, District 1O1 (305) 294_4641 I David P. Rice, District 4 OFFICE of ' the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 Vint PHONE: (305) 289-6010 FAX: (305) 289-6013 9Escu� MEMORANDUM TO: Kathy Peters, County Attorney's Office Clark O. Martin, Jr., Fire Chief Arthur "Wally" Romero, Assistant Fire Marshal FROM: Steven M. Zavalney, Captain 4v--- RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island (Boyd's Campground) DATE: December 6, 2005 The Monroe County Fire Marshal's Office has reviewed the road abandonment petition referenced above, and has conducted a site visit. The Fire Marshal's Office has no objection to the abandonment of this portion of the road, with the following conditions: The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). If you are in need of further information, please do not hesitate to call. RECEIVED DEC 0 8 2005 MONROE: COUNTY ATTORNEY C UNTY 'MONROE KEY WEST FLORIDA 33040 c3051294 46=1 County,Xttorney s Offce T O. (Zloz 1026 "West, IM 33041 (Phone. (305) 292-3470 Ear,. • (305) 292-3516 October 12, 2005 Tim Koenig, Esq., Agent for: Daniel Hamilton, Boyd's Campground Feldman & Koenig, P.A. 3158 Northside Drive Key West, FL 33040 Re: Road Abandonment Petition — First Avenue, Stock Island Dear Mr. Koenig: BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tem "Sonny" McCoy, District 3 Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Enclosed please find a copy of the findings and recommendations of County Engineer David S. Koppel which states, "We have no objection to the abandonment of the end of First Avenue provided that we retain an easement adequate for maintenance and eventual reconstruction of our stormwater management system, say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the easement." Please provide written documentation that indicates you are willing to comply with the County Engineer's recommendation on this issue. I understand that you have communicated such a sentiment verbally to Suzanne Hutton. We encourage you to work directly with the County Engineer in your efforts to comply with the conditions set forth in his memorandum of October 11, 2005. Should you have any questions or concerns, please don't hesitate to contact us by phoning (305) 292-3470. Sin r 1 , ��,�,� Kathy eters for: Suz;anne,9. Mutton Assistant County Attorney SAHkmp: Enclosure cc: Mr. Daniel Hamilton, Boyd's Campground Marlene Conaway, Planning Director Dave Koppel., County Engineer Clark Martin, Fire Chief Oct-12-2005 09:28 From-MONROE COUP— W INERING +3052954321 T-263 P.001/001 F-818 RECEIVED MEMORANDUM OCT 12 2005 TO: Kathy Peters, Paralegal/Administrative Liaison MONROE COUNTY ATTORNE Y County Attorney's Office FROM: David S. Koppel County Engineer dP DATE: October 11, 2005 RE: First Avenue, Stock Island We would have no objection to the abandonment of the end of First Avenue provided that we retain an easement adequate for maintenance and eventual reconstruction of our stormwater management system, say 30 feet. Obviously, no strictures, fences, etc. should be allowed to be constructed within the easement. As far as whether the road runs to open water, I would say that the County's previous action of road closure now prevents said road from running to open water. Given the original justification for closure as indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever be reopened. Please let me know if you have any questions regarding this matter. DSK/jl FirstAve.RdAbandKathyPeters.DOC FK&H ROBERT T. FELDMAN TIMOTHY J. KOENIG ROBERT E. HIGHSMITH DAVID VAN LOON Suzanne A. Hutton, Esquire Assistant County Attorney 502 Whitehead Street Key West, FL 33042 FELDMAN KOENIG & HIGHSMITH, P.A. ATTORNEYS AT LAiv November 8, 2004 Re: Abandonment of 1st Avenue Dear Ms. Hutton: Thank you for your letter of October 12, 2004. 3158 NORTHSIDE DRIVE KEY WEST, FLORIDA 33040 TELEPHONE (305) 296-8851 FACSIMILE (305) 296-8575 Our client will agree to let the county retain the easement referred to in that letter, but suggests, if possible, that the county reconsider if a full thirty feet is required. We have no objection to that - we were merely wondering aloud if it could be less wide. Thank you. TJK jm cc: Dan Hamilton, Esquire rMarstonrs F K & H ROBERT T. FELDMAN TIMOTHY J. KOENIG ROBERT E. HIGHSMITH DAVID VAN LOON Suzanne A. Hutton, Esquire Assistant County Attorney 502 Whitehead Street Key West, FL 33042 FELDMAN KOENIG & HIGHSMITH, P.A. ATTORNEYS AT LA {iv November 8, 2004 Re: Abandonment of 1st Avenue Dear Ms. Hutton: Thank you for your letter of October 12, 2004. 3158 NORTHSIDE DRIVE KEY WEST, FLORIDA 33040 TELEPHONE (305) 296-8851 FACSIMILE (305) 296-8575 Our client will agree to let the county retain the easement referred to in that letter, but suggests, if possible, that the county reconsider if a full thirty feet is required. We have no objection to that - we were merely wondering aloud if it could be less wide. Thank you. Very truly TJKJm rl Marston cc: Dan Hamilton, Esquire C UNTYSonNROE KEYWESTDA 33040 (305)2S4-4641 Timothy ]. Koenig, Esq. Feldman, Koenig & Highsmith, P.A. 3158 Northside Drive Key West, FL 33040 RE: Abandonment of First Avenue, Stock Island Dear Tim: BOARD OF COUNTY COMMISSIONERS MAYOR Murray E. Nelson, District 5 Mayor Pro Tem, David P. Rice, District 4 Dixie M. Spehar, District I George Neugent, District 2 Charles "Sonny" McCoy, District 3 Enclosed is a road abandonment petition with instructions which should be initiated to proceed with the abandonment of First Avenue. As you know, a major portion of the road was previously closed and a number of people, including the property owners assumed that constituted an abandonment. You may wish to reference the prior County Commission action and the fact of the obstructions place on the right-of-way to preclude the public from using the right-of-way to access the water. Further, it is clear that at the very least, a stormwater drainage easement will have to be retained by the County with access for maintenance and repairs and which would preclude placement of any structures or plantings in the easement area. I am not sure exactly where the easement should be located, and a metes and bounds description will be necessary. You may wish to contact the Engineering Department (292-4426) to see if they have a metes and bounds description already on file. Otherwise, it would be the obligation of the petitioners to provide an appropriate survey and legal description of the easement as well as the road to be abandoned. If you have any questiors, please feel free to call. Sincerely, e C7A. Hutton Assistant County Attorney SAH/dct Enclosure cc: David Koppel Daniel H o Hamilton Attorney at Law 22 Evergreen Terrace (305) 296-5799 Key West, FL 33040 (305) 296-6663 (fax) squiredan@aol.com March 22, 2006 Ms. Suzanne Hutton Monroe County Attorney 502 Whitehead Street P.O.Box 1026 Key West, FL. 33041 RE: Road Abandonment, First Avenue on Stock Island Dear Ms. Hutton: I wish to confirm our agreement that Monroe County will retain a thirty foot drainage easement down the center of the former road at First Avenue. To allay any of the Fire Marshall's concerns, we will of course immediately comply with all existing fire safety regulations and requirements and access to the property is always available through the usual campground entrance. Sincerely, Daniel H. Hamilton Boyd's Key West Campground, Inc. RECEIVED MAR 2 7 2006 MONROE COUNTY ATTORNEY C UNTYSMONROE KEY WEST FLORIDA 33040 (305)2944641 Off ice of the 'CauntV Qtt"MV 502 U%"md Strad, 3d 9&m, (.Beat) Seat Off= Sam 1026 Xq Weal, le 33041-1026 (305) 292-3470 December 9, 2005 Mr. John Marston, Esq., Agent for: Daniel Hamilton, Petitioner Feldman, Koenig & Highsmith, P.A. 3158 Northside Drive Key West, FL 33040 Dear Mr. Marston: ,.George Neugent, David P. Rice, Disb s / 1P►. } Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this office December 8,2005 citing the following conditional approval: "The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shalt be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). " Please provide written documentation that indicates your client is willing to comply with the Fire Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly. Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470. Sin y A<- Kathy M. etefor: Suzanne -A. Mutton ,Asa*tant CountyAttorney KMP/ Enclosure: 12/6/05 Letter from Fire Marshall's Office cc: Mr. Daniel Hamilton, Petitioner Planning Director County Engineer Fire Marshall C UNTY 0MONROE KEY WEST FLORIDA 33040 (305)294-4641 OFFICE of the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6013 MEMORANDUM TO: Kathy Peters, County Attorney's Office Clark O. Martin, Jr., Fire Chief Arthur "Wally" Romero, Assistant Fire Marshal BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem, Murray E. Nelson, District 5 George Neugent, District 2 Dixie M. Spehar, District 1 David P. Rice, District 4 FROM: Steven M. Zavalney, Captain RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island (Boyd's Campground) DATE: December 6, 2005 The Monroe County Fire Marshal's Office has reviewed the road abandonment petition referenced above, and has conducted a site visit. The Fire Marshal's Office has no objection to the abandonment of this portion of the road, with the following conditions: The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). If you are in need of further information, please do not hesitate to call. RECEIVED DEC 0 8 2005 MONROE COUNTY ATTORNEY r C UNTYSMONROE KEY WEST FLORIDA 33040 (305)294-4641 e " of file `-'"A,* ameaw 502 4URtitelll nd Stwd, Sem `.Foot f9gue Saw 1026 NeV Weet, 3L' 330414026 MEMORANDUM TO: AREF JOULANI, ACTING PLANNING DIRECTOR FROM: KATHY PETERS FOR: SUZANNE HUTTON COUNTY ATTORNEY A. BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Dixie M. Spehar, District 1 RE: STATUS OF REVIEW AND RECOMMENDATION RE: ROAD ABANDONMENT PETITION: PORTION OF FIRST AVENUE, STOCK ISLAND BOYD' S CAMPGROUND DATE: MARCH 27, 2006 A review of our file indicates we have not yet received your findings and recommendation regarding the above -referenced Road Abandonment Petition which was forwarded to Ms. Marlene Conaway, former Planning Director, on October 7, 2005. We have received notification providing conditional approval from both the Fire Marshall and the County Engineer, both of which were copied to you, and are awaiting your response. Please provide your findings and recommendation as to this Petition as soon as possible. If we have overlooked receipt of your documentation, we would request your forwarding a copy of your recommendation for our file. Thank you for your support and cooperation in this matter. Enclosures cc: Daniel H. Hamilton, Attorney at Law — Petitioner Mr. John Marston, Agent for Petitioner F K & H FELDMAN KOENIG & HIGHSNIITH, P.A. ATTORNEYS AT LAW ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040 ROBERT E. HIGHSMITH TELEPHONE (305) 296-8851 DAVID VAN LOON FACSIMILE (305) 296-8575 February 16, 2006 Suzanne A. Hutton, Esquire Assistant County Attorney 502 Whitehead Street Key West, FL 33042 Re: Abandonment of 1 st Avenue Dear Suzanne: I'm trying to determine if this matter is ready to placed on the agenda for the BOCC. If there is still something that needs to be done, please let me know so I can finalize this matter for our client. Thank you. JM.jc cc: Dan Hamilton, Esquire Very ly yours, J Marston RECEIVED FEB 17 MR MONROE COUNTY ATTORNEY C UNn' So�MONROE KEY WESTLORIDA 33040 (305)2944641 amixOft&ed"lav ft"Wilf 502 w*"wd Saud, 3.d , (,1t. a.) `.Peet Office Sax 1026 36V `Weet, 92 33041-1026 (305) 292-3470 December 9, 2005 Mr. John Marston, Esq., Agent for: Daniel Hamilton, Petitioner Feldman, Koenig & Highsmith, P.A. 3158 Northside Drive Key West, FL 33040 Dear Mr. Marston: BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Dude M. Spehar, District 1 Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this office December 8,2005 citing the following conditional approval: "The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). " Please provide written documentation that indicates your client is willing to comply with the Fire Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly. Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470. Sin r y Kathy M.zers for: Suzanne,. Mutton Assistant Countyattorney KMP/ Enclosure: 12/6/05 Letter from Fire Marshall's Office cc: Mr. Daniel Hamilton, Petitioner Planning Director County Engineer Fire Marshall BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem, Murray E. Nelson, District 5 OUNTYso�MONROE George N pehar,, District 2 KEY WESTLORIDA 33040 Dixie M. S ice, D District 1 (305) 294-4641 David P. Rice, District 4 OFFICE of "MFOXM� the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 FIRE PHONE: (305) 289-6010 FAX: (305) 289-6013 1 RESCUE MEMORANDUM TO: Kathy Peters, County Attorney's Office Clark O. Martin, Jr., Fire Chief Arthur "Wally" Romero, Assistant Fire Marshal FROM: Steven M. Zavalney, Captain RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island (Boyd's Campground) DATE: December 6, 2005 The Monroe County Fire Marshal's Office has reviewed the road abandonment petition referenced above, and has conducted a site visit. The Fire Marshal's Office has no objection to the abandonment of this portion of the road, with the following conditions: The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe County Code). If you are in need of further information, please do not hesitate to call. RECEIVED DEC 0 8 2005 MONROE COUNTY ATTORNEY COUNTY Sco)�MONROE KEY VVESTLORIDA 33040 (305)294-4e41 09=4theesuittv Mftg=V 5C2 4IJIFR&Swd Street, Stem Yost Office Sex 1026 34`l0eet, S.0 33041-1026 (M) 292-347C MEMORANDUM TO: Marlene Conaway, Planning Director Dave Koppel, County Engineer Clark Martin, Fire Chief FROM: Kathy Peters, Paralegal/Administrative Liaison County Attorney's Office Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 Dbde M. Spehar, District 1 RE: Road Abandonment Petition Review: Portion of Furst Avenue, Stock Island (Boyd's Campground) DATE: November 22, 2005 Enclosed please find a copy of the response received by this office from the Petitioner in the above - referenced Road Abandonment Petition, indicating they would agree to the conditions for approval cited by the County Engineer, "We have no objection to the abandonmen.... provided that we retain an easement adequate for maintenance and eventual reconstruction of our stormwater management system, say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the easement." The Petitioner inquired, however, if the easement to be retained by the County "..could be less wide.. " which should appropriately be addressed by staff. Thank you. KMP/ Enclosures: 11/8/05 letter from Petitioner F K & H FELDMAN KOENIG & HIGHSMITH� P.A. ATTORNEYS AT LAW ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040 ROBERT E. HIGHSMITH TELEPHONE (305) 296-8851 DAVID VAN LOON FACSIMILE (305) 296-8575 November 8, 2004 Suzanne A. Hutton, Esquire Assistant County Attorney 502 Whitehead Street Key West, FL 33042 Re: Abandonment of 1 st Avenue Dear Ms. Hutton: Thank you for your letter of October 12, 2004. Our client will agree to let the county retain the easement referred to in that letter, but suggests, if possible, that the county reconsider if a full thirty feet is required. We have no objection to that - we were merely wondering aloud if it could be less wide. Thank you. Very truly TJK jm fl Marston cc: Dan Hamilton, Esquire RECEIVED NOV 16 2005 MONROE COUNTY ATTORNEY Oct-12-2005 09:28 From-MONROE COUNT314nGINERING +3052954321 ..� T-263 P.001/001 F-818 111011 005 DATE: MEMORANDUM Kathy Peters, Paralegal/Adnunistrative Liaison County Attorney's Office David S. Koppel County Engineer October 11, 2005 RE: First Avenue, Stock Island RECEIVED OCT 12 2005 MONROE COUNTY ATTORNEY We would have no objection to the abandonment of the end of First Avenue provided that we retain an easement adequate for maintenance and eventual reconstruction of our stormwater management system, say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the easement. As far as whether the road runs to open water, I would say that the County's previous action of road closure now prevents said road from running to open water. Given the original justification for closure as indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever be reopened. Please let me know if you have any questions regarding this matter. DSK/jl FirstAve.RdAbandKathyPeters.DOC F. t MEMORANDUM TO: Kathy Peters, Paralegal/Administrative Liaison County Attorney's Office FROM: David S. Koppel RECEIVED County Engineer dp DATE: October 11, 2005 OCT 12 2005 MONROE COUNTY ATTORNEY RE: First Avenue, Stock Island We would have no objection to the abandonment of the end of First Avenue provided that we retain an easement adequate for maintenance and eventual reconstruction of our stormwater management system, say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the easement. As far as whether the road runs to open water, I would say that the County's previous action of road closure now prevents said road from running to open water. Given the original justification for closure as indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever be reopened. Please let me know if you have any questions regarding this matter. DSK/jl FirstAve.RdAbandKathyPeters.DOC BOARD OF COUNTY COMMISSIONERS Mayor Dipe M. Spehar, District 1 Mayor Pro Tern "Sonny" McCoy, District 3 UNTYMON ROE Murray E. Nelson, District s KEY WEST FLORIDA 33040 George Neugent, District 2 O2 (305) 294-4641 F David P. Rice, District 4 eakeof#w eauntv m&xmv 5o2 wfiac sales, Raw 91*6t Office Sax 1026 xev wcot, g e 33041-1026 (305) 292-3470 MEMORANDUM me.µ TO: Marlene Conaway, Planning Director Dave Koppel, County Engineer Clark Martin, Fire Chief FROM: Kathy Peters, Paralegal/Administrative Liaison County Attorney's Office RE: Road Abandonment Petition Review: Portion of First Avenue, Stock Island (Boyd's Campground) DATE: October 7, 2005 Please review the enclosed above -referenced Road Abandonment Petition, received by this office on October 5, 2005, and provide your written findings and recommendation at your earliest convenience. Please ensure a record is maintained of all time spent by yourself and your staff on this matter. For your information, the BOCC closed this road about twenty years ago to be able to put up a barrier to deter drug -dealing and other illegal activity. Approximately eight years ago, the Property .Appraiser added the property underlying the right-of-way to the adjacent property owners' taxable property, treating the closure as an abandonment. Last year the right-of-way property was removed from the adjacent property owners' taxable property due to a clarification that the BOCC had only closed, not abandoned, the road. Thank you. KMP/ Enclosures: Road Abandonment Petition - Portion of First Avenue, Stock Island (Boyd's Campground) C UNTY'OMONROE KEY WEST FLORIDA33040 (305)294-4641 o>offfw e"n&,- ftmw# 502 2U6Ftwl Street, Stem .`Peet Offim Max 1026 34 Weet, 5f 33041-1026 (305) 292-3470 MEMORANDUM TO: Ginger Campbell, Finance Department FROM: Kathy Peters, County Attorney's Office 61 BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tern "Sonny" McCoy, District 3 Murray E. Nelson, District 5 George Neugent, District 2 David P. Rice, District 4 RE: Road Abandonment Petition — Portion of First Avenue, Stock Island (Boyd's Campground) Submission of Petition Fee DATE: October 7, 2005 Enclosed please find Check No. 14589 dated September 2, 2005 made payable to Monroe County in the amount of $500 received by this office from the Petitioner in the above -referenced Road Abandonment Petition. Please deposit the enclosed check in the appropriate account. Should you have any questions or concerns, please feel free to contact Assistant County Attorney Suzanne Hutton or myself by phoning (305) 292-3470. i1ikri L• L Enclosure (Check No. 14589) BOYD'S KEY WEST 12-87 14589 CAMPGROUND. INC. 0 Specific Purpose Survey Map to illustrate legal descriptions authored by the undersigned of a portion of First Avenue, Stock 151and 006 Assumed ZBO-E IJ 0 Found 2" Iron Rpe (Fence Post) 0 Set 15 reba w1co0 (LB 7137) • Found 112" Iron Rod (2883) ♦ Found NO & Disc (PTS) A Set Nod & D%sc (LB 7737) (M) Measured (R) Record (MIR) Measured & Record C.B.S. Concrete Block Structure R\W Right oT Way CLF Choin Link Fence j Centerline ® Woad Utility Pole ® Cancrele Utility Pale ® Water Meler Sheet One of Two Sheets NORBY & OTLYNN Surveying, Inc. ProfeealoL6nal No. Land2191 Surveyors 3430 Duck Ave., Key West, FL 33040 (3D5) 296-7422 FAX (3D5) 296-2244 Specific Purpose Survey Report to Illustrate legal descriptions authored by the undersigned of a portion of First Avenue, Stock Island NOTES J. Tic legal descriptions shown hereon were authored by the undersigned d Underground fomldations and uli/hies were not looaled 3 All eng/es ere 90' (',Veasured & Record unless otherwise noted 4 This survey is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 5 Lands shown hereon were not abstracted for rights -of -way, easemenls, ownership, or other Jnstruzo&ats of record 6 North Arrow is assumed and based on the P/el. 7 &-or of c/osure exceeds one pert sir JO, 000 O Adjoiners are not furnished 9 The descriptions contained herein and sketch, do not represent a field Boundary survey 10. Street address is: ' i1-1 Avenue, stock /'lend, Afanrae County, FL 33040 11. This Specific Purpose Survey Report is not fu// and complete without the attached Survey A/ap. SPECIFIC PURPOSE SURVEY 70 ILLUSTRATE LEGAL DESCRIPTIONS AUTHORED SY THE UNOERS1G%Z,0 PARCEL 1. A parcel of land on Stock island being a portion of the N'ly 112 of First Avenue, lying between the Ely right of way line of First Street and the original shoreline of Boca Chico Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE of the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence Ely along the N"ly right of way line of the said First Avenue for a distance of 24,00 feet to a point, said point being the Point of Beginning; thence Sly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence Ely and at right angles along the centerline of the said First Avenue for a distance of 235, 00 feet to the original shoreline of Boca Chico- Channel as shown on said Plat; thence N9y with a deflection angle of 104"46'15" to the left and along the original shoreline of Boca Chico Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the .said Boca Chico Channel; thence meander W'ly and NW'!y along the apparent Mean High Water Line of the said Boca Chico Channel for a distance of 64 feet, more or less, to the N'ly right of way line of the said First Avenue; thence W"ly and along the N'ly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2r A parcel of land on Stock Island being a portion of the S"ly 112 of First Avenue, lying between the E"ly right of way line of First Street and the original shoreline of Boca Chico Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows. COMMENCE at the NW'ly corner of the said Block 44, said point also being the Sly right of way line of First Avenue and the Ely right of way line of First Street and run thence E'ly along the Sly right of way line of the said First Avenue for a distance of 32.00 feet to d point, said point being the Point of Beginning; thence N'ly and at right angles for a distance of 17.50 feet; thence Wly and at right angles for a distance of 6.00 feet; thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue, thence Ely and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chico Channel as shown on said Plat; thence Sly with a deflection angle of 75'13"45" to the right and along the original shoreline of Boca Chico Channel as shown on said Plat for a distance of 31.03 feet to the S"ly right of way line of the said First Avenue, thence W'ly with a deflection anlge 104'4615" to the right and along the S"!y right of way line of the said First Avenue for a distance of 234.90 feet back to the Point of Beginning. SPfC/F/C PURPOSE SURVEY FOR., 190W, Compground,• fi 8Y L YNN SURYErLNO, INC. _ ---- -- J PSd/ F/o rdo Reg. , fi6298 March 15, 2005 meal Iwo o/ iwo Sneels NORBY & OTLYNN Surveying, Inc. Pro(®aslonal Land Surveyors La No. T131 3430 Duck Ave., Key West. FL 33040 (305) 296-7422 FAX (305) n6-2244 N T I in �/ I r- — —I Col irl- to LO I 0000I cn,Il!> OC Cb N I � I I F I �A In —NI ( N I �/ T T / NRRST i 124660 I 04 rn 124670 N crn co in co 1n M F eMr in ----�---� --- --- ,n-1 (_ — _— CD -- Of — M � A r N Tr to I ui V N r� et I r. cr T MONROE COUNTY OFFICIAL RECORDS FILE # 9 8 1 4 4 2 BK#1 4 3 5 PG#2 4 6 9 RCD Dec 26 1996 10:14AM DANNY L KOLHAGE, CLERK DEED DOC STANLy�.-,8721.30 12/26/1996 ''��ii'' DEP CLK QUITCLAIM DEED THIS QUITCLAIM DEED, made this — day of ?i..GPr , 1995, between ELSIE M. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD. (Grantee), whose post office address is 6401 Maloney Avenue, Key West, Florida 33040, and whose Tax Identification Number is is being applied for, WITNESSETH, that Grantor, for and in consideration of a 35.4015% interest in BOYD'S CAMPGROUND, LTD., and other good and valuable consideration in hand paid by Grantee, the receipt of which is acknowledged, quitclaims to Grantee and Grantee's heirs, executors, administrators, and assigns forever all of the right, title, and interest of Grantor in the following described land situated in MONROE County, Florida: SEE ATTACHED EXHIBIT "A" Tax Parcel Identification Numbers: 00125720-000000; 00125670-000000; 00125690-000000 M194V _'Xp -fib 00125700-000000; 00125710-000000; 00160030-000000. Signed in the presence of: n r ���✓�c-� ( sig re) riAn//EC .44_V LTzn/v (print) ELSIE M. HAMILTON Witness Grantor � Witness STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by ELSIE M. HAMILTON, who identified this instrument as her Quitclaim Deed, and who signed the instrument will'n Sworn to before me on by ELSIE M. HAMILTON, who (is personally known to me) (produc d U ~55 as identification). OFFICIAL NOTARY SEAL CYNTHIA M CAPAS' -- NOTARY PUBLIC STATE OF FLORIDA No Public, State of_ F- orida COMMISSION NO. CC289620 prname: MY COMMISSION FXP. MAY25,1997 Commission No.: My commission expires (SEAL) This instrument was prepared by: Daniel H. Hamilton, Esq. 818 White Street Key West, FL 33040 FILE # 9 B 1 4 4 2 EXHIBIT "A" BK# 1 4 3 5 PG# 2 4 7 0 Page 1 All of Lots 13 and 14, of Block 45, according to George L. MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South, Range 25 East, said Plat being recorded in Plat Book 1, Page 55, Monroe County, Florida Public Records. ALSO Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and more particularly shown on Plat of said STOCK ISLAND made by George L. McDonald and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Together with the improvements situate thereupon ALSO On the Island of Stock Island and being the West one-half (31) of Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision of Stock Island, according to George L. McDonald's Map thereof, recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the intersection of the mean high water mark of Boca Chica Channel and tshe line dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of Stock Island as recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run northeasterly along the line dividing Lots 16 and 17 extended into the waters of the Channel for a distance of 160 feet, thence at right angles southeasterly 50 feet, thence southwesterly 170 feet more or less, to the mean high water mark, thence meandering said mean high water mark northwesterly back to the point of beginning. Containing 0.189 acres, more or less. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of Block 44 of the Plat of Stock Island, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, bear East along the South line of First Avenue for a distance of 265 feet, more or less, to a point on the shore line of Boca Chica Channel, said point also to be known as the Point of Beginning of the parcel of submerged land hereinafter described; from said Point of Beginning, continue bearing East for a distance of 570 feet, more or less, to a point; thence bear South for a distance of 135 feet, more or less, to a point; thence bear South 42 degrees 50 minutes West for a distance of 350 feet, more or less, back to the shore line; thence meander the shore line in a northwesterly direction for a distance of 450,feet, more or less, back to the Point of Beginning. ALSO A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND" as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida more particularly described as: Commencing at the SE corner of Lot 12 of Block 45 said corner to be known as the point of beginning of the strip of land hereinafter described. Bear NW'ly along the NE'ly right of way line of Maloney Avenue for i distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15 feet; thence bear East 300 feet more or less to a point on the shoreline of Hawk Channel; thence meander the shoreline of Hawk Channel in a SE'ly direction 40 feet more or less to the Southerly line of Lot 11, of Block 45; thence bear West along the Southerly lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W, 93.15 feet back to the point of beginning. FILE # 9 8 1 44 2 ALSO BK#1 4 3 5 PG#2 4 7 7 Block 44 on the Island of Stock Island, recorded in Plat book 1, Page 55, Monroe County, Florida Records, being bounded on the North by 1st Avenue and on the East by the waters of the Bay, on the South by Second Avenue and on the West by 1st Street, together with any riparian rights. ALSO Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. SUBJECT to conditions, restrictions and limitations appearing in the Warranty Deed recorded in Official Record 182, Pages 254 and 255, of the Public Records of Monroe County, Florida. ALSO Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. Together with any and all tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. ALSO That portion of Second Avenue, lying between Block 44 and Block 45 as shown on George L. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, Public records of Monroe County, Florida. RONROE COUNTY OFFICIAL RECORDS MONROE COUNTY OFFICIAL RECORDS FILE # 9 8 1 443 BK#143 5 PG#24 RCD Dec 26 1996 10:16AM DANNY L KOLHAGE, CLERK DEED DOC STAMP 721.30 7 2 12/26/1996 DEP CLK QUITCLAIM DEED THIS QUITCLAIM DEED, made this,�dday of wee r , 1995, between BOYD N. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD. (Grantee), whose post office address is 6401 Maloney Avenue, Key West, Florida 33040, and whose Tax Identification Number is is being applied for, WITNESSETH, that Grantor, for and in consideration of a 35.4015% interest in BOYD'S CAMPGROUND, LTD., and other good and valuable consideration in hand paid by Grantee, the receipt of which is acknowledged, quitclaims to Grantee and Grantee's heirs, executors, administrators, and assigns forever all of the right, title, and interest of Grantor in the following described land situated in MONROE County, Florida: SEE ATTACHED EXHIBIT "A" Tax Parcel Identification Numbers: 00125720-000000; 00125670-000000; 00125690-000000 00//.00.�0-000000 00125700-000000; 00125710-000000; 00160030-000000. Signed in the presence of: ( a ) (print) Witness 'A tur N Rg dawr,-T-01V (print) Witness STATE OF FLORIDA COUNTY OF MONROE (sig e) BOYD 1 .• ILTON Grantor The foregoing instrument was acknowledged before me by BOYD N. HAMILTON, who identified this instrument as his Quitclaim Deed, and who signed the instrument willingly. Swo o before me on"�j$7y/q�f' by BOYD N. HAMILTON, who (is ersonally known to m (produced as identification). !pY PV ROBERT W. JONES COMMISSION # CC48MI7 Notary Publi , State of Florida EXPIRES AUG 16,1999 Print name: jjq�gL-.QT4J �G'n1GS GG BONDEDTHRU aF� ATLANTIC BONDING CO..INC, Commission No.: ed My commission expires: ll�. / y99' (SEAL) This instrument was prepared by: Daniel H. Hamilton, Esq. 818 White Street Key West, FL 33040 EXHIBIT "A" FII,E # 9 8 1 4 4 3 Page 1 B K#s 4 3 5 P G#2 4 7 3 All of Lots 13 and 14, of Block 45, according to George L. MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South, Range 25 East, said Plat being recorded in Plat Book 1, Page 55, Monroe County, Florida Public Records. ALSO Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and more particularly shown on Plat of said STOCK ISLAND made by George L. McDonald and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Together with the improvements situate thereupon ALSO On the Island of Stock Island and being the West one-half (�) of Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision of Stock Island, according to George L. McDonald's Map thereof, recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the intersection of the mean high water mark of Boca Chica Channel and the line dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of Stock Island as recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run northeasterly along the line dividing Lots 16 and 17 extended into the waters of the Channel for a distance of 160 feet, thence at right angles southeasterly 50 feet, thence southwesterly 170 feet more or less, to the mean high water mark, thence meandering said mean high water mark northwesterly back to the point of beginning. Containing 0.189 acres, more or less. ALSO :a A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of Block 44 of the Plat of Stock Island, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, bear East along the South line of First Avenue for a distance of 265 feet, more or less, to a point on the shore line of Boca Chica Channel, said point also to be known as the Point of Beginning of the parcel of submerged land hereinafter described; from said Point of Beginning, continue bearing East for a distance of 570 feet, more or less, to a point; thence bear South for a distance of 135 feet, more or less, to a point; thence bear South 42 degrees 50 minutes West for a distance of 350 feet, more or less, back to the shore line; thence meander the shore line in a northwesterly direction for a distance of 450.feet, more or less, back to the Point of Beginning. ALSO A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND" as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida more particularly described as: Commencing at the SE corner of Lot 12 of Block 45 said corner to be known as the point of beginning of the strip of land hereinafter described. Bear NW'ly along the NE'ly right of way line of Maloney Avenue for distance of 50 feet; thence bear N 42 degrees 50 minutes E. 93.15 feet; thence bear East 300 feet more or less to a point on the shoreline of Hawk Channel; thence meander the shoreline of Hawk Channel in a SE'ly direction 40 feet more or less to the Southerly line of Lot 11, of Block 45; thence bear West along the Southerly lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the 10 NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W, 93.15 feet back to the point of beginning. FILE # 9 8 1 4 4 3 ALSO BK#1 4 3 5 PG#2 4 7 4 Block 44 on the Island of Stock Island, recorded in Plat book 1, Page 55, Monroe County, Florida Records, being bounded on the North by 1st Avenue and on the East by the waters of the Bay, on the South by Second Avenue and on the West by 1st Street, together with any riparian rights. PA 4:101 Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. SUBJECT to conditions, restrictions and limitations appearing in the Warranty Deed recorded in Official Record 182, Pages 254 and 255, of the Public Records of Monroe County, Florida. ALSO Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. Together with any and all tenements, hereditaments and appurtenances thereunto belonging or in anywise appgrtaining. ALSO That portion of Second Avenue, lying between Block 44 and Block 45 as shown on George L. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, Public records of Monroe County, Florida. MONROE COUNTY OFFICIAL RECORDS - 7-10-1995 2.02AM i I FROM_ uc 374 "a 620 $rashest of the c3 uter al ;Mprnuaxew Atria 1391� ai D117iD M814280—C17.44-44) IOaOf ALL ME OT TIFU19 PRZ�tt t Tbt tie wWvrairaed, Ow Thalm of fen Iulsn d Im. pta+useml lead st Ilw Sbls of FWUk %Ww svdwft W law. for and in aisidaatioa ad ter outs I _064t Thoasand•Tnree sundred iwentsels and, 50/100. -.-, ,.01,11i. O.— DOd.L►M. fo teas ba b.a4 veld by BM L a +s. ";I.T.QW )jLt le, e< ds ces.t y tii — ; _._... - - Stsb al_..Morkda,.� •,, heve faastad, mm*w es1 "K and do by mew prow post. 1pw� No a" aomm. mto the P W"Am a0d EL3>$_1�_g71tt211POlta sae wi€!—aed..their hAmand Wga, the ralb.r.: a.:aiaa hma:: to .it: ;�• t — . 4 zd r. YA . Mica Channel in section :. Stock Island, Monroe ,cuiarly described by of Block 44 of the pint book 1. Itage 55 of the irida, bear East along the stance of 265 feet, more 1e of I9oca CAica tAtannei. point of Uginnirq of the desaribedy from said t last for 6 distance of thence bear Sootb for a to a pointy thence bear 350 feet, acre or less, [or the shore line is +► i ce of 4SO feet, xm* or tr �� �r` •.fir, � �r:};, �.. 3.1 ~�' *am% Now w Iew. 6d vas and Mae to dw Coasty aL Men,Ta is aaW Stab of rt IML TO HAVE AND TO HOLD tee abe" PxaW and dewnbed pve doss hmwvw. m SAVING AND RESERVING upto the mW Tn uUm of tlrs latenal )niprowtnatt es to Sato at 1lerid., aai theq tw.1, " ue .1 .. teNLAMR.ADAMS el au pee.pe.y cad tkla se es =iesw elf of 4 Usflak. tilt�'e� ar dada esa abaft rite lie vd a m to .me sad dwdw tin a m% b t n 'R btJVJW. etar/ssar its 077t1eR ttF.961tvA�toNB: tioc�eawns, rs.w GfRs Or gnCUA ooullt On WONvcrz+Ka IN TCMMONY a'HOILQr. 16s acid T"UWea of the fa4rnal 6aar.wesxat l'uM N 0 A'3iat�+�[rL have beeesate subarm" A w aria OWbwe Ow Adel WA of seal Tnwere b Le 1� atsaN Is Ow CiW of Tallabee % lLeWs. on 06 At .. 34i!!...., dared .... ltay................... 1 LA Z Alma Lot f . .. r , an«.q We!rel `a •rye. a w'aA. Its and Cenwtatme dr 'r'atmrm or ?flit ZtfrCli " tpuftro Mma MO Or THL BTAU Or EMMA evti.e .u.w P. 2 P_ 3 (( 7—iB--1995 2:03AM FRC" r ' yell. ` i �%%�%. ►rlrr4 Vz� 1 r�1t I� { r}+ ,r•� ft WARRANTY DEED �. •%�JiJt3 Thus INDENTURE, Made this ;4th d&y of Janwry,. A., D. 1963, between THL;, ;a FLORIDA4,NATIONAL BANK AT KEY WEST, a corporation exis;ink under the•lXws 1 o(the United Statetw, ifornsesriy THE FIRST NAT[ONAL BANK OF KEY WEST "a Seri,, do+'f corpoi:at on organized under the national banking lawn of the VnfCt d $taletij, having r its principal place of business in the County of Monroe and State tit Florida, party of the fi rrrt part. and BOYD N HAMILTON and ELS,11E M. F11y,MILTON, husbon ry�k o4i,. ,. ..' r 'tl�r•: ( l•. ,. 1c., �"j!ri1N;•>,q��N>K 41!�, whviiet p::'rmanent addrass is 113b 3ohnson Strout, Key Wetbt. Floridh, lathe ,r County A Monroe, and State of Florida, parties of ihr second part. WITNZSSETFi, That the said party of the first part, for and in . i,nsidcr-tti(iri of this sum of Twenty -Two 'thousand Dollars I$ZZ; 000. 00), to it in hand paid, the receipt whereof is hereby acknowledged. has granted. bargained. gold, alienvd, remised, rcicam:id, conveyed and confirmed, anti by these presevlts d„ih grcu.l, bargain. sell, ali„n, ra-mime. release, ronvey, rind ,oniirm unto the swirl li:rrris., cif thw m., mid !tart, and their heirs: ;and :,r'.ignx ftprever, ;t11 th.ii rert.un p:rr•.+�i •f lasul lying and 1'x•ing iri the Guunty of M„tiruc• :slid State Fit F Lorrfla, rri01-4• 10,, ,ir,rrl, das, rr4od ax fosT,,.vs: Bit-, 1, -1-1 rin the inland of Stock Island, re ord,•d it, Pl.it Its„±h al, ;,:.s:. S". M,mr,w C:uurity, florid:, Rec-ords, Thing bounded on the N•.ril by' Is? Av,'- mw :.roil on IN: Fwtt by the watt:rq (of the Say. on the: South !a�• Sr. -and Ave- nw. and :,ti thr wvmll by lta Slrtrt•t. togethvr with :uiy riparian rights, TOGS VI1F R with Al t1w tencniarrtx, hs:re dit:riTu uts anrI ;,prnrrtr n:,t.• t•g, will, cvvrii prtvil.•y.•. ri,;lit. hits, mterrst atnd asrale, rr•vrrsi•,n, therct,. !n•i.,,ikirtlt ..r in .inywi%e :411l,rriamirin: TO 11A VE AND CU HOLD the ;name in fee simple: fr,rever-. Alai tlrr• saiel 1xii-tv of the first p.irt duth covrnant with th, ;:list h,,rt th;.t it is Lrw•fully aeiz,•d ,1 tht said prvinit;rs; that rhu} ;,ry frrr to ,Li ,nttim. br:snces, and that it has good right gird lawful authority to sell th.• ,a;rrn, . u,'d lhir' party of the first yart does 1wrcby fully warrant the title to said land, ;,,ad will dc•t, tha rsatriu ;iwainst the lawful .'l:iims of all persons whomsoever, IN WITNESS WHEREOp. the said party of the first part has caused thcstt Prvsent� to be signed in its name by its President, and its corporate seal to be affixed•, ;tttcsted 7-10-1995 2:04AM FRCM r.a FV tr, 1Vietna rr ca:r to both Aignaturos. )C1.tua.z ;ti+ t.• both gignatur r.. I•ATE uh 1•'IA)ItIDA, yr. - t c)t:N i ) CIF• t4c>%i:UF:, 1 11KRE:m, t. ` , �1•:1t'TiFI�. �rrir+t ton tier -: d-.) of .l nni:,r\ . A. f> i-,,; (,•rTd, n,,llt n,jvjw,rvd J. J. YINDY.11 •Li.d fiAT11LEMN WATKINS. ')f 1'11E F•uxum \ATIONAI, HANK AT KEY WEST; 111 (i.; 1• t:i(' i,,Kn of 11,1• 1111:1. tl Sl,tle.•i. to ail.• 1.fU W41 to 1r.• ttl.' 1,.'1'M.,,� <ir r,• ,I v . , ti.•. wod•ncc iorem,,ing ,w\v)—un t to itO1'U 1, IIAAli1.l IN ,1 1:'.•;1l, I1..,\1:I I i11. nuSIL,d :utd W f' \\!i•.S.1i,'t•ni.m.•Ill :,<ldrv*1s 17 It, i,.y, . �•�, , 1: " tl• I••l•.rad .rsA :4v.ver.tIit ., hrtuttli•fl..'t! 11`t' c ,l!;t,ll rl'r f?•. i,.d dcotf .,n ot4o, toff:.rrr.. f:,r Ott, ti-ty. ;told i:rt,rlh,.r. "14 -md lhat I'wy ;iffic.•d lher►1t4o (lie official real of said rurpcaratluA. .Intl tht' instrumviii :4 tht• .ttt a.id deed of said .orporation. W1•r\F�SS n1) signature and official seal at Kc)' t1'42st, i„ tht• C.,untN .,f V••or.,. ,1'!0 S(,tlo of Florida, the day and year l,ivt ,#foruwaid. MS a) 4r,W 'lop y`vlt�� 1 rietary Public. State of Florida +aI La rye. My commission cxpires: Rotor) Atbti4 "310- Of MY Cwttrtiztusl E4464 Aw. L :9oa . Z_ 7-1e-1995 2:OSAM FRC"` P.5 .i., '., e'•':.i ,.. ,'1 "far Jrt� ~ •''�'da!'IL. ;fir r ` R.w uts Nwi4 MORE t!lZaD. 1'' Y 1rswterfi uLle.r.o�►,est rl'.�'',l� u r.. F, ' /' p`}�'r �r � .4'���Krb +t� %,,, �•i+ f � r�irthrYt �' J rr -5 -' Ularwvr ird M..Ne+ fl. �tr:.}'I�•�Y' iArrlf 1weIW. r�► ArOv. !w«wt e.r„ri.,rr N . �.',{ {, , r �. ,...,wrw. ar.f. M',dM s./,i1 NtlM,trlV McNn WrN. MMir.. yfM'n��.p.:rur.kr' rr• �y?• ,irplrP. N., rrr y/ rirr 1isJ.r .As)r N ! •+ ,� .t•r •! n:t-CV.J,r,aN•r.rfw+}/VM'w'041'.4,W iwrfr,4. ZN•rrrb••: Ai r•ww ,nw•w,�.J 1ww . %•t•f•11let/ the 25th• ,. 'hill January, .l. 1,. 1963 . l,y BOYD N. i'IA,MILTON acid. ELSIE M. HAMILTON, husband and wifo., rr': Motirua , ►�" "fer11J111%; ilrj/r:",r' FI'arida jJltrli/ u� lhrlirxl Pilrl,. hfr�riu(l%Ier,t'ulhnl,lhr►.Ih,rld4410r, lu THE FLORIDA NATIONAL BAN, AT KEY WEST, ! rt rur/,urr/lir.,, r.ri.vll„� ii„rlar IItP lu/!x rr% //►r)XIACcM United Status j I) /xi)-ty IJl' /her :errrll1ll p///•/, hPrelitafh'r r eille l lllr� rllrN'1 i1}fY ' 1 > �� :;;:: ;:r' �rI/J/I rrurl' ruhrnLli cr/,.irlr,nii,J►ir: ,11/// nI a t// v, ,,,,.I r�, 1hI/! f/r cllr�'rx �! 1'/1i,•�%rl/'1%l1illN Ir/, lllt' _!I�i�l•JY'.4111P asim, namril hi the /Nil1' q/' f'Y,'J/ eleJ1(' her? f I! !!'!l•rr, llr'!','.//,/Il,': r%I'.�l'1'///rfl/ M,r.�li(1.111/1'l�fl�il/'. /1/II'.: �1'll,fl• !!r//',r`'J,llJr xeil. 111,,'lJ• 1'r'm;s, , r I yl 1•I'1r',/Prl',.r•U//I'N I! owl ,'�rlJllrm, N/IIA /11e' �(,/IJ ,II�IJ'he1 ,^rr, !11 ♦+'1' NlIN/,1f'� 1/!!' /11r/% r,I b,l,I //'IJi / 1,�' lapel• u/' Ir•I/irli //t/' xai/l :alrir•l;;i/ynr ix /i�irr oeai:re/ trrrr! !/r,xX1',•,.',vl, rI/Ie1 in r„•l,rrr! if lI/a�' rf:�fxfl/,ii .tt/ll/r!!/' ill. Monroe Cri,r„/!/, Sif/le•'Jl' 1-11'rl,111, r/e:Y,'I1GI r/ i I. �{ Block 44 on the Island of Stock Island, recorded in Plat Buok HI, park. 55. Monroe County. Florida Records, being bounded on the North by i st Avenue and on the Enst by the waters of the Day, on the South by St'iund Av,:nut- .itul , rn, the• We at tJy I st Strut, together with any riparian rights, ! j i tP pyn►rM of irsrt Zvi &*. a ! , ru Ftr {w :wii to MOW 20724. i&ws o: f Mt R 40'K, M Tu CN4dnr. M�eOs c n,u ry , r • . q ' ( • ,� i i11 I1:rii.� P1i , e.�k.. r/ ►\J �.:...... �. ... . iw i t THIS IS A PURCHASE MONEY MORTGAGE. i r _ 7-10-1995 2.06AM FROG P. 6 r 'O Tate tittd to I101�1 1A. saW, fojrlAr. tafNk. W, Mname# lY+►ti+I>,.,- ,N,..r a,Ifl el.0 rerrtr,irfarf s, rutfo fire said Atorlra�rr In ire On pls AfiQ arrrd�IlarfQrr,orrloPtrvvulrwrnl.reifhSail.liarl�*FferthatstliNjfwfl i4jpr' !s eNi/:;(rru.r4l,J/Yri of ,arid laid in ire Wimpy"; th+N the 100PI rllhrl kiQiH•' het •;)ielif T!.. •` J tpagNr ppr! jtlf%`r11 r'i{/Irl to rrNr+vl1 artirl lu)ir% %b fCr xiurlrlr nx. rI/'arr'arrlil; ►htrl if sh.fll.bi' jtJell►rl;/%v wtill :hurl;ru$i'•t• u/ tell liorf!x, /1M�trvfJdrt vr,rr/ rlalrlll/ 1n ruler r<jns: lii„�.9, 7. a M; ti,' rueia/p% uu,I ri{%uJ.xai•l hlhr/: /heel rn&l' L/nl! •,!x free f/y,111 INiarrrnrL►rlge-, r -tlur� ern.P :(' trotoit*fP Wit nilike Alit -if jilrUrff•116rtl1rrfrr.•rt /to /arf'rl•% Ihr /i•i• xinr/ilf f-.sf ' Ira ki,if al )lrirhiaii, ills Wily Avvlxwiq l[ I/n lv yrur..l; n,rl/' Mio ittlid +Ji, +.v /ir•rr IN/ j'rrlll/ rrnoivrlll Nn• Tilly hi dread lrlljil alit/ Trill r/rleml Mt, .yirnr...rgrrit.rl rr%iunixrie•exr. J-Pri' ti ir(t'¢ A N"UVS, that i f .wr)rl.11rir/�rr►,r x/err/I /NOY +rids /hr• xrtrd 1%tirl�ar*r lli 4•i'r-/rJ/,'r /rrdi„/.,vur'�; r!qi, r,r' wo'lic r tllr• l'ullnlrilr;,•' ire rrnr hi_rl,rd /r,; prrx ix it b•ifr, irtl; ; >t Ga 000. 06 .: Key Wesc, Florida. Januuey 25, Doti, Far value re.eived,, we promise to pay to ",order of THIC FLORiDA NA' I"MAl B NIC;A:T KAY.WZST, a, corporation,exlsdng Under the laws of thAt V114tet# ►"1P`s �safei+tf ofi3cde. totated ie'tbe'Citji'o!'1Csyr'1Nsit: >rlorfda. tfte'prtnclpaf s r+f Fifteen Thousand Dollar* ($IS.000.00), in twenty (20) semi-Onnual installntentM ' 'ol;Seven Hundred Fifty Uollsrs($7SQ OQ) each. the first of said, installments e� be,irime due arnd payable six (6) months after date', and one of said tn*talLsi.eats tat. lali,dum, each, six months thereafter until said principal sum is paid itl full." prili.. t- pal payment to be made on each ;Sth day, of July and January after date. a g,riber with interest thereon at the rate of at% per cent (6%) per annum upon the unpaid bmInner of said note until fully paid. Interest payable semi-annually and to be ot, putcd upon the Wait%a of principal, remaining unpaid at the con'.;rten_err er,i ..! et• h sorii-annual interest period, rlie rigltt I reserved to the maker& of this note to prepay all or any is rt of taw p.rint:ipal indebtedness represented hereby, with • orresp�nding al,atci.:e„t . t 4ata• re st. In Ow event :,f default for a period of thirty (30) days in the p:fy,vent of a„y •1 :' t` nrn,:t, :,f to-„ney due hereunder. either principal or interest, the holde; or e '.r, v n.re rcr*y, at its, his, her. or their option, eiert t,r declare the cut r, -ti,inf principal then remaining unpaid asimn,edletely due and payable. rnrrrup,u t:re right of tho makers of this note to pay the manta in install,, etc r,enrs 1112ll itrarttediately cease and deterrr,tne. ISe. ,esker.. and endorsers of this note hereby agree to waive den.amt, fl.rt, r .:rt-;>.tiwent and protest, and in case suit shall be brought fur the ,cite,ti.,t, or rho same has to be 7olle••ted upon demand of xn attorney, rn pi, :cae,rstat•lo attorneys fees for making curb CAleJton. r,Neferred !atet-est :,.:, • t ,bear .:&crest frona maturity at six per cent (6501 per ar,nur,- I ' /�rli Rued K, FLun,lr, a. Boyd N. Har:,ilto. Ririe ,&t. k3rtmiiion ,rn., �n•ri! 1,,11,rm, "I" ,/,, ;rill, ,J r / ril.l,b' !N) ru,'b ,r,r,l n Yy fb, .:/i/,rri„ •,, ,:r,. .. .,. r,r., .,r,•/, r•agv ,J."/ , •uv,r.0 rr l a- ,.1 .0 id /u•npl•- l.'..l r, err Ire„ •..l.Ih le', ,, r,-/ r . ,11, ,! St"11! 1,14 l., air 11 ,l.r,l rw./ Q !l�r.vrflr/,1/ar1,�,r,,•r lr•'rrby rnr •'nrrblx veal .r�r,,:= ! I'n r.•ly rI/1 a,r,/ ,ib;jrr lNP Ihr /,rin, i1mil ,ru,l inl, v. x/ ,r Ur! ,dk, r cglrrn ••i' ,,, .'., , i r"r.pr;,/, br/ r%r'/rle I,/' .Wei,! /n'•,IN i.inr,pf/ rrrilr oral Mir r/r,•,!, u/ ,'1 /!i,'1•, pees&, /,l,q .,,r re';. rIrr of y /It., xaMi, z,v-.vvrl/q route rife. P, /ref,/ rf/I 00N11 sitrg,rht,• 1/00• Nr.l-r,c, rrxxr•Xxlnrq/.a, Lv'ir..- liuliililir,r. nhli-,f/ir-N„ rr+r,/ O'NOWlot brisnerx'if rv•r•,•I ueffrfir re f. xrtirl r/rxr•rilr.v! her,/r.yly rrii•ll .fur/ erW-11, •NN/ rl. fill, Pubmra br• not 'ist"w/,111t Weill lief' itrlill .1)ibtles-der lorry a! flity Nine tray Me,Ifrrrr. rr•i/leant ayfirlArd nrI►tjl-4.1a;, !hr'ryifino la %alrl•Irutr n,' fl,fr/ ri-Ohl hf•n•rruder., anfl rr"111 n /xf,rrr•ffl xr, fatale sAel/ /w•ur irtle" sl frons.the r/elr I/nvrr./'rN Me sate of cis, (6_ r per crest. leer rRnlHtRf. ; • 1'7-10-1995 2:07AM FROV— I am. Una 11W eitra<itUt 't Pit aii thel. /�Jro 01 jha: jwhl 4adipok ir"flilj&i 0 Mgt Migi and 1W d.. V.Rvek lKiyiggief. 4.4 Je.0 its APlr'tIft ir'dig C--) Assol ;'theNlirwurablo value. -4 , it oyvj�, em 'T T' I*Nf 00 1*104-0 JA -rttv 'Al, Mr.-Iloot Igo 0, Ifit; oi, bif ri, tur tof It, iv ' 1111. 01141,11 /dol"', ill;/ PIPM Pre"frle -mijeew! tioty poto 111 -1411.101 ,1' Ilia tit A, to if , A 1 0 - it 'If it it �qb'rfl too oil j/0"O"'s? to - I "m [tit (6- 1iit liv r4) pernidowninit tor suffer, Alp fit Im,;� lc, S."folof ri'velortintit..hoo w1fid prionlixXory lomfe, ollill id, I A1,11 $,I' .0111id Vlj b) Ot wou ooll he*-;i-in ov-jeroed Is thirty ( M) - ......rlrrgv rJi.rJ of oil,,. find Imoy,64i fir,' clovh atirl •J."ililiti"O'A I,00/ l"Or, ipliol.t wole, it,,; 11WA th-vit ur, riflif"01. oil#- lied Yil/,f to'• fil;to..00, 4. C."fof 1!1,, " to-11/0 fill'i oorbid, 4, /tit: ?ho- Y,sj(l xt"fol opt silifool't'rof ill , W,4,14 powillis-411 le"o"/Pf/; a. dt,, rivi poorjuf4b- lo-i-Mirith elt, diewlifte)- ill Ad, "14ioli-f Ag. . 11", /-(1 lix jW/ft Stood o, Jhpkp/lb t4y its Ole whl 'dfu.rr�firts, slim .-/' Fifteen Thousand---.....- . . . . .... . . . . . . . . . . . . . . . . . . . . stiploborl'.4 to, A. lwoi3Ol flit Sle;-li lop nah, or hei-t-I'l to /Aw 1. rt it sof his t 'p-00'. will 114-fisrri-.1 j" W f inoi ain p n An e*'S's as t5 Wh sijoaWre.s.. Elsie M. Hamilton 7-10-199S 2:08AM FROM --- P. 8 mil• ON � trs �• a yt�#+++s (�urtr: of M ROE,i � r .Ijilv,l'It' I Arhrf'irrl so, fait r rwCnr,Nj�rf1Jnrrllh ^/ a/. rrlx it+r,vltll�+� r,. liJJr t ,,1 /Hr .Yll1/e .rf 1%itit/Ilr dfrl(1 'dillf. N/ NRlt UP!(A r ,.rani; ' 1 •jN'^R ;µ . r. BOYD -. HAMILI'DA':ind'L`ts1E INt' tIAM1Li01�[ 'husband a>yd wtt�:,' i+Y '' / i, I !f h, Ih&r !lrrl/ Jrrrar.+lyll� ,rllJsr��larl q p.( /r ,t n'•.r r. rlar�l � , ;� .I the) l:rr/u/•'�l;lkr )r!H t.,l.n /l,r,rt�!!ia.nlryl. LtiLat� .r ri r '/ a, rJ ll,, ve / 1iJ lWYIII � IIfUb jliq . rl/�I Nr X'Urrr levil,l�rNr to IM Il(! ,',f,r, '•/-t h, y rf, !<r Tr! ! u,1W r,rvrlt!1r I. 'rl•! ! �' •: �.�.�. •'. -ihrJl >rl,1•(' F,r�f�t. f'adfRlon �V.L 1 N •r,vr J L !rr it Ihi. b!/r , �' wo 'Ftir}y4 1\': i;Elmll<GPIlr 1: 11!•!I ,. h., rlru r1„J/ 1r t'/'Ab!lr Lrl fl J/!rl'r .!lfrJ ry1rr1 �i�i{1�rr IJ'!<•r(L4l:.iu� F.. ��++ pi'/p:ji�j1/�lJ/ ilrI fr /rnrNJI H!rr•lYi.r /r1l,Jt/rhr•1. r^jRl,/i/r!.//lh,r�y!rat1l,'laAl/lllrer,.r�l�tl►/drl ►lJirc('fr,Jtrrdlop, p `rr, 'qrf/ ,dMAir t1r,,'5r,RI!1r r,' {it 1 r ri•. I� llrr / w p rlrllhrr�•,/r !r rlir, / R'?tr/%r r! 7�( rrt.'r • r w. f br r ),l,. ,r/ I ,/ q°b//!+J ,�Il.r 'Pill, fill Kt i• west n I ! ,u►,/f lirrl r s k At u,/ r „rr�»r►�aimr' J!'.T lf.JJd. 4 T�03 - (t •1i,�rIf711'rrl,lrr•, State of F'' C 1r, c w y 7 _ 1 �t .v as„l cmf 'Xa„ "uw ' 1 NHS' H"N'r4 �Rt R �b `� ur CM,,„I �MJ RiC11$p VFRlflfpR' MONROE COUNTY OFFICIAL RECORDS FILE #9E33-442 BK# 1. 4 3 5 PG# 2 4 6 9 RCD Dec 26 1996 10.14AM DANNY L KOLRAGE, CLERK DEED DOC STAt+(� B721.30 12/26/1996 �''77��'' DEP CLK QUITCLAIM DEED THIS QUITCLAIM DEED, made this — day of , 1995, between ELSIE M. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD. (Grantee), whose post office address is 6401 Maloney Avenue, Key West, Florida 33040, and whose Tax Identification Number is is being applied for, WITNESSETH, that Grantor, for and in consideration of a 35.4015% interest in BOYD'S CAMPGROUND, LTD., and other good and valuable consideration in hand paid by Grantee, the receipt of which is acknowledged, quitclaims to Grantee and Grantee's heirs, executors, administrators, and assigns forever all of the right, title, and interest of Grantor in the following described land situated in MONROE County, Florida: SEE ATTACHED EXHIBIT "A" Tax Parcel Identification Numbers: 00125720-000000; 00125670-000000; 00125690-000000 Gt716Gt7 �p 00125700-000000; 00125710-000000; 00160030-000000. Signed in the presence of: n r / &(sig re) • c��,l� �� 79/l/ (print) ELSIE M. HAMILTON Witness Grantor STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me by ELSIE M. HAMILTON, who identified this instrument as her Quitclaim Deed, and who signed the instrument will'r Sworn to before me on 'b y ELSIE M. HAMILTON, who (is personally known to me) (produc as identification). OFFICIAL NOTARY SEAL CYNTHIA M CAPAS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC289620 MY COMMISSION EXP. MAY 25,1997 (SEAL) This instrument was prepared by: Daniel H. Hamilton, Esq. 818 White Street Key West, FL 33040 Public, State of Florida Commission No.: My commission expires FILE # 9 8 2 4 4. 2 EXHIBIT "A" BK# 1 4 3 5 PG# 2 4 7 0 Page 1 All of Lots 13 and 14, of Block 45, according to George L. MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South, Range 25 East, said Plat being recorded in Plat Book 1, Page 55, Monroe County, Florida Public Records. ALSO Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and more particularly shown on Plat of said STOCK ISLAND made by George L. McDonald and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Together with the improvements situate thereupon ALSO On the Island of Stock Island and being the West one-half (�) of Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision of Stock Island, according to George L. McDonald's Map thereof, recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the intersection of the mean high water mark of Boca Chica Channel and the line dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of Stock Island as recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run northeasterly along the line dividing Lots 16 and 17 extended into the waters of the Channel for a distance of 160 feet, thence at right angles southeasterly 50 feet, thence southwesterly 170 feet more or less, to the mean high water mark, thence meandering said mean high water mark northwesterly back to the point of beginning. Containing 0.189 acres, more or less. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of Block 44 of the Plat of Stock Island, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, bear East along the South line of First Avenue for a distance of 265 feet, more or less, to a point on the shore line of Boca Chica Channel, said point also to be known as the Point of Beginning of the parcel of submerged land hereinafter described; from said Point of Beginning, continue bearing East for a distance of 570 feet, more or less, to a point; thence bear South for a distance of 135 feet, more or less, to a point; thence bear South 42 degrees 50 minutes West for a distance of 350 feet, more or less, back to the shore line; thence meander the shore line in a northwesterly direction for a distance of 450.feet, more or less, back to the Point of Beginning. ALSO A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND" as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida more particularly described as: Commencing at the SE corner of Lot 12 of Block 45 said corner to be known as the point of beginning of the strip of land hereinafter described. Bear NW'ly along the NE'ly right of way line of Maloney Avenue for z distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15 feet; thence bear East 300 feet more or less to a point on the shoreline of Hawk Channel; thence meander the shoreline of Hawk Channel in a SE'ly direction 40 feet more or less to the Southerly line of Lot 11, of Block 45; thence bear West along the Southerly lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W, 93.15 feet back to the point of beginning. FILE # 9 8 1 4 4 2 ALSO BK#1 4 3 5 PG#2 4 7 1 Block 44 on the Island of Stock Island, recorded in Plat book 1, Page 55, Monroe County, Florida Records, being bounded on the North by 1st Avenue and on the East by the waters of the Bay, on the South by Second Avenue and on the West by 1st Street, together with any riparian rights. ALSO Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. SUBJECT to conditions, restrictions and limitations appearing in the Warranty Deed recorded in Official Record 182, Pages 254 and 255, of the Public Records of Monroe County, Florida. ALSO Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. Together with any and all tenements, hereditaments and appurtenances thereunto belonging or in anywise app-gXtaining. That portion of Second Avenue, lying between Block 44 and Block 45 as shown on George L. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, Public records of Monroe County, Florida. MONROE COUNTY OFFICIAL RECORDS MONROE COUNTY OFFICIAL RECORDS FILE # 9 E3 1 443 BK#143 5 PG#24 RCD Dec 26 1996 10:16AM DANNY L KOLHAGE, CLERK DEED DOC STAMP 721.30 7 2 12/26/1996 DEP CLK QUITCLAIM DEED THIS QUITCLAIM DEED, made this_�Yday of , 1995, between BOYD N. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD. (Grantee), whose post office address is 6401 Maloney Avenue, Key West, Florida 33040, and whose Tax Identification Number is is being applied for, WITNESSETH, that Grantor, for and in consideration of a 35.4015% interest in BOYD'S CAMPGROUND, LTD., and other good and valuable consideration in hand paid by Grantee, the receipt of which is acknowledged, quitclaims to Grantee and Grantee's heirs, executors, administrators, and assigns forever all of the right, title, and interest of Grantor in the following described land situated in MONROE County, Florida: SEE ATTACHED EXHIBIT "A" Tax Parcel Identification Numbers: 00125720-000000; 00125670-000000; 00125690-000000 00//-00-'A0-000000 00125700-000000; 00125710-000000; 00160030-000000. Signed in the presence of: ( a ) (print) Witness /�i tur dU . /f RY B p�l�,ntrToiy (print) Witness STATE OF FLORIDA COUNTY OF MONROE GL� (sig e) BOYD AMILTON Grantor The foregoing instrument was acknowledged before me by BOYD N. HAMILTON, who identified this instrument as his Quitclaim Deed, and who signed the instrument willingly. Swo efore me on % //g/jj$O/ 5, by BOYD N. HAMILTON, who (is ersonally known to m (produced as identification). e��Vv&e ROBERT W. JONES Notary Publi , State of Florida =O AG, CCMMIss1oN # CC 4W917 EXPIRES AUG 16, 19N Print name: /ong_r-.e%!J j,-O V_L-S BONDED THRU �EpF fl� ATLANTIC SONDINe CO., INC. Commission No.: Cd My commission expires: 4,*6. / //99j (SEAL) This instrument was prepared by: Daniel H. Hamilton, Esq. 818 White Street Key West, FL 33040 EXHIBIT "A" FILE # 9 8 1 4 4 3 Page 1 BK# 1 4 :3 5 PG# 2 4 7 3 All of Lots 13 and 14, of Block 45, according to George L. MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section 35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South, Range 25 East, said Plat being recorded in Plat Book 1, Page 55, Monroe County, Florida Public Records. ALSO Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and more particularly shown on Plat of said STOCK ISLAND made by George L. McDonald and recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Together with the improvements situate thereupon PAIRED On the Island of Stock Island and being the West one-half (;i) of Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision of Stock Island, according to George L. McDonald's Map thereof, recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida. ALSO A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Monroe County, Florida, more particularly described as follows: Beginning at the intersection of the mean high water mark of Boca Chica Channel and the line dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of Stock Island as record.:�d in Plat Book 1, Page 55, Public Records of Monroe County, Florida, run northeasterly along the line dividing Lots 16 and 17 extended into the waters of the Channel for a distance of 160 feet, thence at right angles southeasterly 50 feet, thence southwesterly 170 feet more or less, to the mean high water mark, thence meandering said mean high water mark northwesterly back to the point of beginning. Containing 0.189 acres, more or less. ALSO 0 A parcel of submerged land in Boca Chica Channel in Section 35, Township 67 South, Range 25 East, Stock Island, Monroe County, Florida and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of Block 44 of the Plat of Stock Island, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, bear East along the South line of First Avenue for a distance of 265 feet, more or less, to a point on the shore line of Boca Chica Channel, said point also to be known as the Point of Beginning of the parcel of submerged land hereinafter described; from said Point of Beginning, continue bearing East for a distance of 570 feet, more or less, to a point; thence bear South for a distance of 135 feet, more or less, to a point; thence bear South 42 degrees 50 minutes West for a distance of 350 feet, more or less, back to the shore line; thence meander the shore line in a northwesterly direction for a distance of 450.feet, more or less, back to the Point of Beginning. ALSO A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND" as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida more particularly described as: Commencing at the SE corner of Lot 12 of Block 45 said corner to be known as the point of beginning of the strip of land hereinafter described. Bear NW'ly along the NE'ly right of way line of Maloney Avenue for distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15 feet; thence bear East 300 feet more or less to a point on the shoreline of Hawk Channel; thence meander the shoreline of Hawk Channel in a SE'ly direction 40 feet more or less to the Southerly line of Lot 11, of Block 45; thence bear West along the Southerly lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W, 93.15 feet back to the point of beginning. FILE # 9 8 1 4 4 3 ALSO BK#1 4 3 5 PG#2 4 7 4 Block 44 on the Island of Stock Island, recorded in Plat book 1, Page 55, Monroe County, Florida Records, being bounded on the North by 1st Avenue and on the East by the waters of the Bay, on the South by Second Avenue and on the West by 1st Street, together with any riparian rights. ALSO Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. SUBJECT to conditions, restrictions and limitations appearing in the Warranty Deed recorded in Official Record 182, Pages 254 and 255, of the Public Records of Monroe County, Florida. ALSO Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in Government Lots 1 and 5, Section 8, and Government Lot 1, Section 17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe County Florida, as recorded in Plat Book 3, Page 75, of the Public Records of Monroe County, Florida. Together with any and all tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. ALSO That portion of Second Avenue, lying between Block 44 and Block 45 as shown on George L. McDonald's Plat of Stock Island as recorded in Plat Book 1, Page 55, Public records of Monroe County, Florida. MONROE COUNTY OFFICIAL RECORDS r 0 Specific Purpose Survey Report to Illustrate legal descriptions authored by the undersigned of a portion of First Avenue, Stock Island NOTES 1. The lege/ descriptions shown hereon were authored by the unders{grned 2 Underground foundations and utilities were not located 3 All angles err 90' (,Yeasured & Record) unless otherwise noted 4. This survey is not valid without the signature and the original raised seal o/ a Florid, h'censed surveyor and mapper. 5 Lands shown hereon were not abstracted for rights-of-wey, easements ownership; or other instruments of record 9 North Arrow is assumed and based — the Plat. '. Error of closure exceeds one part in J0,00O 6 Adjoiners are not furnished 9 The descriptions contained herein and s -etch, do not represent a field Boundary Survey 10 Street address isFirst Avenue. StocA- Jslsnd, Af11P11 County, FL 33040 11. This Specific Purpose Survey Report is not /u/l and complete without the attached Survey Nap, SPECIFIC PbRPOSE Sl1RVEY TO 1LL6fSTRATE IS6.4L DESCRIPTIONS .4I/TfIORED BY THE UNDERSIGNED PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 1/2 of First Avenue, lying between the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the SWly corner of the said Block 33, said point also being the N'ly right of way line of First Avenue and the Ely right of way line of First Street and run thence Ely along the Nly right of way line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence Sly and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence N'ly with a deflection angle of 104°46'15" to the left and along the original shoreline of Boca Chloe Channel as shown on said Plat for a distance of 20.5 feet, more or less, to the apparent Mean High Water Line of the said Boca Chica Channel; thence meander Wly and NWIy along the apparent Mean High Water fine of the said Boca Chica Channel for a distance of 64 feet, more or less, to the N'ly right of way line of the said First Avenue; thence W'ly and along the N'ly right of way line of the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning. PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 1/2 of First Avenue, lying between the Ely right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: COMMENCE at the NW'ly corner of the said Block 44, said point also being the S'ly right of way line of First Avenue and the E'ly right of way line of First Street and run thence Ely along the Sly right of way line of the said First Avenue for a distance of 32,00 feet to a point, said point being the Point of Beginning; thence N'ly and at right angles for a distance of 17.50. feet; thence W'ly and at right angles for a distance of 8.00 feet; thence Nly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue; thence Ely and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline of Boca Chice Channel as shown on said Plat; thence S'ly with a deflection angle of 75'13'45" to the right and along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 31.03 feet to the Sly right of way line of the said First Avenue; thence Wly with a deflection angle 104"46'15" to the right and along the S'ly right of way line of the said First Avenue for a distance of 234.90 feet beck to the Point of Beginning. SPEC/nr PURPOSE SURYEY FOR- Boydi Compyround,• JNO BY ' LYNN SURVEY/NC, /NC. _____ ---- J L n O F/ynn, PSI/ F/o 7da Reg. ,j619B torch /5, 2005 5-1 Two o/ 7wo Shells NORBY & OTLYNN Surveying, Inc. Profsaloaal Land Surveyors La No. 7131 3430 Duck Ave., Key West. FL 33040 (305) 296-7422 FA% (365) 296-2244 3052945683 T-675 P.001/001 F-627 07-05-2005 11:08 From-FKAA-ENGINEERING V Florida Keys A Post 1100 Key 1 Telep WWw Daniel H. H=ilton Attorney at Law 13 Birchwood Dr. Key West, FL 33040 June 28, 2005 RE: Abandon a portion of First St., that separates Blk. 33 and 44 as shown on George McDonald's Plat of Stock Island Dear Mr. Hamilton: Mary L. Rice Chairman Marathon J. Robert Dean Vice- haimian Key West Elena Z. Herrera Secretary/Treasurer Rockland Key Rose M. Doll Big Pine Key David G. Ritz Kay Largo James C_ Reynolds Executive Director The FKAA Board of Directors approved at the 6123/05 meeting, the above referenced project. Pursuant to your request for the abandonment of the above -reference property, Staff has researched your request and have no objection to the abandomnent since the FKAA has no facilities in this section of roadway nor is thm any present or future need for any. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Edgar F. Nicolle, Jr, Distribution Design Specialist EFN/cma cc: Bob Feldman, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department h • i •`���� (305)295-1000 v 1001 James Street PO Box 6100 energy Key West, FL 33041-6100 \ services www.KeysEnergy.com UTILITY BOARD OF THE CITY OF KEY WEST May 19, 2005 Mr. Daniel H. Hamilton Attorney at Law 13 Birchwood Dr. Key West, Florida 33040 RE: ROAD ABANDONMENT First Avenue on Stock Island Dear Mr. Hamilton: Keys Energy Services has no objection to the proposed mention abandonment. If you have any questions, please feel free to contact me at (305) 295-1055. 7avid ly, . Price Asst. Director of Electrical Operations David. PriceaKgysEnergy.com DDP/ba c: C. Jansen, General Manager & CEO D. Finigan, Director of Electrical Operations 07/13/05 09:51 35 4 305 293 9301 iLL-06-2005 17:13 FROM: * I NO.378 P002/002 TOI130SR969032 P.004 W. To Monroe County: Upon mwew of the Specific F Norby & O'Flymn SurveyinX (Murk to one brat applies) does roe objea to the se Survey of a portion of First Avonue on Stock Island by and dated Match 15, 2005, it is hereby determined than or abandonment of the property described in the survey. doss aot object to the tiara m or abandonment of *0 property described iva tha survey, provided am easmwm Im pwted for condawd use by tiro utility. Date 46 To Monroe County: Upon review of the Specific Purpose Survey of a portion of First Avenue on Stock Island by Norby & 4'Flynn Surveying, Inc., and dated March 15, 2005, it is hereby determined that Comcast I 1-) ,tv (M the one that applies) does not object to the closure or abandonment of the property described in the survey. Signed does not object to the closure or abandonment of the property described in the survey, provided an easement is granted for continued use by the utility. 59 a� Date 07/05/2005 14:19 PAGE 01 305294121: • VC ) 0 V,% au � '"�' Z] �' C G ✓� "� r' G 1 1p Jr vr� ?CX.X (--e- To Mowft Coutmty: r Up= mew of ttbe Specific PMow SarM ofa patio of Fist Awmw an Sfixk blad by Noft dt Q°Flynt: Surveyi & %r-, and dated b ah 15, 2005, it is b mby ddetined drat �Rl� 1�Sa74►{� V � J�,� irk the we dw apoies) loss not object to the olamm or abanduamernt of the prnp*ty &m.- tW in the survey. -7 /:s d met object to to closure or abandonmeat afthe pwperty &=''bed is the survey, pmvided an asement is meted for coatiaued wo by the utslity. tiLZ 0 CJ Eadeh Bush Company, LLC 12 Driftwood Dr. - Key West, FL 33040 3051296-0270 phone - 305/292-5496 fax May 9, 2005 Monroe County Government Re: Abandonment of 1s' Avenue on Stock Island Dear Sirs: As an adjacent property owner at 6325 First Street, we have no objection to the abandonment and closure of the east end of 1 ' Avenue. If there are any questions, please call. Respectfully yours, Eadeh Bush Company, LLC 11))" 4W4*('- Bush Sneed, PE RBS/bs cc: Dan Hamilton