Resolution 326-1986
Hawk's Cay Investors, Ltd.
RESOLUTION NO. 326 -1986
RESOLUTION SETTING DATE, TIME AND PLACE FOR
PUBLIC HEARING FOR PROPOSED ABANDONMENT OF
PORTIONS OF CERTAIN ROADS ON INDIES ISLAND,
DUCK KEY, FLORIDA.
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 streets, alley-ways, roads or
highways as described in Exhibit "A" attached hereto and made a
part hereof, and
WHEREAS, under Chapter 336, Florida Statutes, it is neces-
sary 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 at 3:00 P.M., Friday, December 5,
1986, at the Marathon Sub-Courthouse, Marathon, Monroe County,
Florida, said Board will hold a public hearing to determine
whether or not said Board will renounce and disclaim any right of
the County and the public in and to the streets, alley-ways,
roads or highways as described in Exhibit "A" attached hereto and
made a part hereof.
BE IT FURTHER RESOLVED BY SAID BOARD that the Clerk of said
Board be, and he is hereby authorized to publish notice of said
meeting in accordance with the provisions of Chapter 336, Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of November, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~~
ayor a~rman
( Seal)
At tes t: lJ4Ji:NY ~ J{OLHAG~ ~lerk
~PPR 'D AS TO FORM
No ~~ Sl.JPFICIENC~ ./ 't
8Y~ ~.
Attorney's Office ' ~',
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All that portion of Golf Course Drive lying Southwesterly of
Duck Key Drive; the Northeasterly 573.96 feet of Golf Course
Drive; all that portion of Tam O'Shanter Drive lying North
of Greenbriar Road; all of Fairway Road; all of that portion
of Greenbriar Road lying Northeasterly of the Northeasterly
boundary of Lot 5, Block 8 extended Northerly; all of Greenbriar
Circle; all of that portion of Pebble Beach Lane lying
Northwesterly of Green-briar Road and Southeasterly of the
Southeasterly boundary of Lot 8, Block 7 extended North-
easterly; all of Harbor Drive; all of Putting Green Court;
and all of Country Club Road; all the aforesaid being shown
and delineated on INDIES ISLAND, DUCK KEY, Section 1, Part
1, according to the Plat thereof, as recorded in Plat Book
5, Page 82 of the Public Records of Monroe County, Florida.
PH IL 'IPS & TRICE SURVEYING, INC.
!,~~ I~ ~~
Jac/ M. Phillips ' r ~
Professional Land Surveyor
Florida Reg. Cert. #1410
January 30, 1984
EXHIBIT "A"
Key West, Florida
',--
PET I T ION
(ROAD ABANDONMENT)
TO:
The Honorable Board of County
Commissioners of Monroe County, Florida
HAWK'S CAY INVESTORS, LTD., by and through the under-
signed attorney, petitions the Honorable Board of County Comm-
issioners of Monroe County, Florida, to renounce and disclaim
any right of the County and the public in and to the hereinafter
described streets, alley-ways, roads or highway as delineated
on the hereinafter described map or plat, a copy of which is
attached hereto, to wit:
(correct legal description of portion
of roadway to be abandoned is attached
as Exhibit A)
HAWK'S CAY INVESTORS, LTD., is the sole owner of
the real property described in the survey attached hereto
as Exhibit B. Attached to this Petition and made a part
hereof and marked Exhibit B is the survey of Duck Key with
the property owned by Petitioner described in desc~iptions 1 and
2 and that portion of Duck Key Petitioner seeks to have abandoned
marked with yellow lines.
Petitioner seeks to have the above described portion
of Duck Key abandoned as it is for rehabilitation and development
of the property which necessitates street abandonment. That the
abandonment of said road will not take away any other property
holders right of ingress or egress to their property. That
the 1985 taxes on the land owned by HAWK'S CAY INVESTORS, LTD.,
have been paid.
Petitioner agrees to be responsible and pay for all
costs of advertising and recOJ,:dil!':i fee::; inCULCeu. LelaLive tu
this request for the abandonment of said roadway.
Petitioner further agrees to furnish this Board with
letters of no objections from the various utility companies prior
to final hearings on this matter.
'~-
WHEREFORE, Petitioner respectfully request the Honorable
Board of County Commissioners of Monroe County, Florida to grant
this Petition.
Respectfully submitted,
f-r
Sworn to and subscribed before me this c:1.7-JV day of
September, 1986.
~LJ~
/2V /'(- ~ if
NOTARY PUBLI (
My Commission Expires:
'or4~f P'uEiHt S-TATE' OF nORIDA
NY COM~ISSICU EXP. APR 15,1990
80NO~O TKRU GENERAL INS. UNO.
C I , lLLLt.
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22 October 1986
Mr. Jim Cohee, President
Hawk's Cay Investors, Ltd.
Hawk's Cay Resort
Marathon, FL 33050
RE: Road Abandonment
Dear t;1r. Cohee:
The existing routes for electric lines must remain in order to serve Hawk's
Cay and other portions of Duck Key. Any relocation of the electric lines
necessitated by the redevelopment plans of Hawk's Cay should be paid for
by the developer. In addition, easements will probably be required for
the relocated faciliites. With the above stated reservations, Florida
Keys Electric Cooperative (FKEC) has no objection to the abandonment of
several roadways as shown on Drawing C-368, sheet 1 of 1, dated June 20,
1983, and approximately described below:
1. All of the westerly portion of Golf Course Drive from Duck Key Drive,
2. All of Tam Oshanter Drive and Fairway Drive,
3. The easterly portion of Golf Course Drive beginning approximately
231.04 feet from the centerline of Duck Key Drive.
4. All of Harbor Drive, Putting Green Court, and Country Club Road,
5. The southeasterly portion of Pebble Beach Lane beginning approxi-
mately 189.6 feet from the centerline of Duck Key Drive,
6. The easterly portion of Greenbriar Road beginning approxi~ately
371 feet from the centerline of Duck Key Drive,
7. All of Greenbriar Circle.
Portions of the above referenced drawing is attached illustrating the
abandoned roadways. This letter speaks only for FKEC. Other utilities
should be contacted.
Sincerely,
D~~J
Dale Hannold
Engineering Supervisor
J
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EASEMENT
THIS EASEMENT made and entered into this 23rd
19 86' .
day of
October
7
HAWK'S CAY INVESTORS. LTD. - JAMES J. COHEE. PRESIDENT
Grantors,
of Monroe County, State of Florida, do hereby grant and convey unto the FLORIDA KEYS ELECTRIC
COOPERATIVE ASSOCIATION, INC., a non-profit Florida corporation, its licensees, successors,
and assigns, Grantee, for one dollar and other valuable considerations, receipt of which is hereby
acknowledged, 0 right of way and easement for the erection and continued operation, maintenance,
repair, alteration, inspection, and replacement of the electric transmission, distribution, telephone
lines, and cablevision lines, and circuits of the Grantee, its licensees, successors, and assigns,
attQched to poles or other suppo~ts, together with guys, crossarms, and other attachments and inci-
dental equipment thereon, and appurtenances, over, on, and across the following premises, belong-
ing to the said Grantors in Monroe County, State of Florida, in the following location:
See Legal Description attached
Together with 011 rights of ingress and egress necessary for the full and complete use, occupa-
tion, and enjoyment of the easement hereby granted, and all rights and privireges incident thereto,
including the right from time to time to cut, trim, and remove trees, brush, overhanging branches,
and other obstructions which may injure or interfere'with the Grantee's use, occupation, or enjoy-
ment of this easement and the operation, maintenance, and repair of Grantee's electrical system.
The Grantors herein warrant that they are the owners of the property described aboye in fee
simple, and they, the undersigned, warrant that they have authority to grant this eaSElment.
".
IN WITNESS WHEREOF, we have hereunto set our names and seals the day and year first above
written. .
Signed sealed and delivered
in our presence:
WITNE
'v...u
(SIGN)
STATE OF FLORIDA
COUNTY OF MONROE
I HEREBY CERTIFY THAT on this day before me, on offrcer duly qualified to take acknowledgments,
personally appeared JAMES J. COHEF
known to mo to bo tho person described in and who executed tho foregoing instrumont and acknowlodgod
before me that he executed the same.
WITNESS ~ hand and official seal in the County and State lost aforesaid this ~t>A-I day of .
<<.J~ ,19 ge..
NOTARY p;Jn:c. STATE Ci f:"C'RI:>A.
MY COMMbslON EX?Ii,cS ~EC. I:J. I :J69.
80HDEQ 7JiRU, NO,ARY PUUL.IC UNC;':RWJlITERS
My commission expires:
-
Prepared ,By - Nome & Address;
Sandra Kav Barrett, M.A.
:
Route Lt. Box 1062
Summerland Key. Florida 330Lt2
L~GAT , . DESCRIPTION
, I
Parc 1 A:
All f Block 1; Lots 1 through 6. inclusive, and Lots 10 through 19,
inc1 sive, and the Easterly 31.46 feet of Lot 20, Block 2; Lots 7, 8,
9, Bock 2; all of Block 3;' all of Block 4; all of Block 5; all of Block
'6; L ts 1 through 7, inclusive Block 7; Lots 6 through 25, inclusive Block
8;. a 1 of Block 9; all of Block 10; all of Blocks 11, 12, 1.3, 14, 15,
16 a d 17; all located on INDIES ISLAND DUCK KEY, SECTION 1, Parts 1 and
2, a cording to the Plat thereof, as recorded in Plat Book 5, Page 82,
of t e Public Records of Monroe County, Florida; LESS:
BEGI at the Northwest corner of the said Lot 7, Block 2., and run thence
Nort 660 561 East along the Northwesterly property 1 ine 'of Lot 7, 111.,25,
feet~ thenc~ bear South'230 041 fast, 120 feet to the ~outheasterly property
line lof Lot' 9; thence bear South 660 56' West, along the Southeasterly
property. 1 i ne of Lot ~, 111.25 feet, to }he Northeasterly ri ght of w~y
line I of' Duck Key Dnve; thence bear North 230 941 West, along sald
asterly right of way line of Duck Key Drive, 120 feet back to t~e"
Poin of Beginning. .
P arc 1 B: ,
A pa cel of land in a part of Duck Key, Monroe County, Florida, said Duck
Key ~eing in Section 21 and a part of Section 20, T.65S, R34E, and said'
parcel of land being more particularly described by metes and bounds as
fall ws:
'. Comm ncing at the easterly end of the Tom's Harbor Viaduct on U.S. Highway
No. , run thence (1) easterly along the centerline of said Hi,ghway, a
dist nce of 1469.65 feet to a point; thence (2) with a deflection angles
of 8 051' and a southeasterly direction for a distance of 2235.43 feEt
to a point; thence (3) at right angles and in an easterly direction for
a di tance of 183.42 feet to the point of beginning of the parcel of land
hereinafter described; from said point of beginning continue _bearing
east rly fOl~ a di stance of 135 feet to a point; thence at ri ght angles
and tn a southeasterly 'direction for a distance of 175 feet to a point:
thenqe at right angles and southwester,ly for a distance of 135 feet to
a pOint; thence at right angles and northwesterly for a distance of 175
feet, back to the point of beginning.
Parc 1 C:
A, pa cel of land lying in Section 21, Township 65 South, Range 34 East
and djacent to INDIES ISLAND DUCK KEY. SECTION 1, Monroe County, Florida,
as r corded in Plat Book 5 at Page 82 of the Public Records of Monroe
Coun , Florida, and being more ,particularly described by metes and bounds
as f llows: '
BEGI at the intersection of the center1ine of Greenbriar Road with the
~lY boundary line of Block 13 of the foresaid plat extended South
0606' 00" West; thence continue bearing South 06056' 00" West fora
di sta ce of 35.42 feet to a point; thence North 500 561 45" West for a
distarce of 204.68 feet to a point; thence South 390 03' 1511. West for
a dijtance of 134.03 feet to a point; thence North 500 56' 45" West for
a di tance of 325.00 feet to a point; thence North 390 03115" East for
a di tance of 205.00 feet to a point; thence South 500 561 4511 East along
a ch in link fence and extension Southeasterly thereof for a distance
of 3 5.00 feet to a point; thence South 390 03' 15" Hest for a distance
of 1.97 feet to a point; thence South 500 56' 45" East for a distance
of 1 7.01 feet to a point on the Westerly boundary 1 ine of the aforesaid
Block 13, thence South 0605610011 West along the aforesaid Westerly
bound ry line of Block 13 for a distance of 35.42 feet back to the Point
of Be inning..
. ..
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@
Southam Bell
R. E. Leon
Oiltrlct Manager.Olstributlon
EngIneetIngl Aaalgnment
8SOO B. W. 180 Street. Room 231
Perrine. Florlda 33157
Phone (305) 252.5111
July 13. 1984
Fl1 e No. 1 N25. 1
Mr. James J. Cohee
President-Hawk.s Cay
Suite 100
150 East Sample Road
Pompano Beach, Florida 33064-3597
RE: Letter of No-Objection for portions of Golf Course Drive. Tam O.Shanter
Drive, Harbor Drive. Putting Green Court, Pebble Beach lane, Green
Briar Road.
Dear Mr. Cohee:
Per your correspondence dated June 25, 1984, we have reviewed our present
facilities in the affected portions of the above mentioned right-of-way.
We request that a 12 foot utility easement be provided, the center line of
which parallels the route of existing overhead facilities presently
supported by Florida Keys Electric Cooperative (F.K.E.C.) poles. We have
indicated these facilities on the sketch you provided.
We have no Objection to the Petition for Acquisition provided the requested
Utility Easement is properly recorded as requested. Our procedure is not
to write to the County, but to write to the petitioner so that he/she can
provide this information to the County.
If any further assistance is required please contact Mr. Michael McWhorter
of our Marathon office at 743-5146.
Yours truly,
District Manager-Distribution
Engineering/Assignment
Attachments
A RnL5CVTH Company
Attachment 1
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Attachment 2
~
r ORM 84 1 ~
APR, 1969
RIGHT-OF-WAY EASEMENT
In consideration of the sum of money hereinafter set out and other good and valuatle consideration, the adequacy and
receipt of which is hereby aCknowledged from the Southern Bel I Telephone and Telegraph Company, the undersigned, ownerlsl of the
premiaes described below, do hereby grant to the Southern Bel I Telephone and Telegraph Company its I icensees, agents, successors,
assigns, and ., I i.d and associated companies, a right of way easement to construct, oo~rate, maintain, add or remove Such lines
or systems of communications or related s~rvices as the grantee may requi re, consisting of:
(I J poles, guys, anchors, aerial cables and wi res;
121 buried cables and wi res, cable tenninals, markers, splicing bowes and pedestals;
'3) conduits, manholes, markers, underground C~bres and wires;
14) and other amp I ifiers, boxes, appurtenances or devices
upon over and under a strip of 'and
genera' 'y descrited as fol lows:
17
feet wide across the fol lowing lands in Monroe County, State Of Florida
See Legal Description attached - Exhibit "A"
and, to the fu'lest e_tent the undersigned has the power to grant, if at a", over, along and under the roads, streets or
highways adjoining or through said property,
The following rights are also granted: to allow any other person or company to attach wi res or lay catle or CO"d"it
...:thin the right of way for commu~ications or electric poV\'er transmission or distriblJtion; ingress and egress to said pre"';ses
" al I times; to clear the land and keep it cleared of a" trees, undergrowth or other Obstructions within the easement area;
~~ trim ana Cut and keep trimmed and cut all dead, weak, leao;n9 or dangerous trees or 'imbS outside of the easement area
~jch might interfere with or fal' upon the I ines or systems of commun;cations or power transmission or distributior..
The receipt of
Ch!
and
00
I IDe 00' lacs .$ 1 nn
I is hereby aCknowledged b~ the unaerSig"ej,
To have and to hold the above granted easement unto Southero Bel I Teleohone and TelegraPh Company, its suc:essors
and assigns forever.
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BONOeo "",,'u r:OT^RY PUIILIC U,.OERWfllfER8 1- ---7 . ~-
Signed, sealed and del ivered 'f-
in the presence of: L-
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HA Wi{'SGx\Y
IlWESllms, LTD
Hamp of Corporat ion
Attest:
/
Corporate Officer
By:
/
T it Ie:
/
I
I
JameslJ. Cohee. President
All that portion of Golf Course Drive lying Southwesterly of
Duck Key Drive; the Northeasterly 573.96 feet of Golf Course
Drive; all that portion of Turn O'Sh~ntcr Drive lying North
of Greenbriar Road; all of Fnirway Hoad: all of that portion
of Greenbriar Road lying Northcnsterly of the Northeasterly
5, Page 82 of the Public Records of Monroe County, Florida.
1, according to the Plat thereof, as recorded in Plat Book
and delineated on INDIES ISLAND, DUCK KEY, Section 1, Part
and all of Country Club Road; all the aforesaid being shown
easterly; all of Harbor Drive; all of Putting Green Court;
Southeasterly boundary of Lot 8, BloCk 7 extended North-
Northwesterly of Green-briar Road and Southeasterly of the
Circle; all of that portion of Pebble Beach Lane lying
boundary of Lot 5, BloCk 8 extended NortherlYI all of Greenbriar
CPillLbrPS · TnlCE S"nVEYlNe, lNC.
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,JeWI M. Phill ip:J f ~
Professional Land Surveyor
Florida Reg. Cert. 11410
January 30, 1984
Key ~est, Florida
EXHIBI'r "A"
rI
Florida Keys
Aqueduct Authority
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Post Oti;ce Box 1239 _~
11 00 Kennedy Drive ??;l
Key West, Florida 33041,1239 ,,'~ \J~, t-.., '" ~
Telephone (305) 296,2454 "~ "~ ~ ',\l
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Octobe::' 2~, 1986
Sandra Kay Barrett, M. A.
Route 4, Box 1062
Summerland Key, FL 33042
Subject: Abandonment of Right-of-Way on Duck Key
for Duck Key Club, Ltd., the developer
Dear Ms. Barrett:
The Florida Keys Aqueduct Authority will have no objection to the
abandonment of the right-of-way described below, provided the
following conditions are met:
1. A minimum 20' wide easement centered along the entire route
of all existing water lines in the proposed abandoned areas
shall be granted to the FKAA by the developer. Easement
shall be in a format approved by the FKAA and shall be
recorded prior to abandonment of the right-of-way.
2. All existing customers whose water lines may be in the
abandoned areas shall be guaranteed service according to
FKAA requirements by the developer.
3. Any future removal or relocation of water lines in the
abandoned areas shall be done at the developers expense and
in accordance with FKAA requirements.
The right-of-way to be abandoned is described as follows:
All that pfjrtion o:c Gol f CourE:;:~ l.}riva lying Southwesterly of
Duck Key Drive; the Northeasterly 573.96 feet of Golf Course
Drive; all that portion of Tam O'Shanter Drive lying North
of Greenbriar Road; all of Fairway Road; all of that portion
of Greenbriar Road lying Northeasterly of the Northeasterly
boundary of Lot 5, Block 8 extended Northerly; all of
Greenbriar Circle; all of that portion of Pebble Beach Lane
lying Northwesterly of Greenbriar Road and Southeasterly of
the Southeasterly boundary of Lot 8, Block 7 extended
Northeasterly; all of Harbor Drive; all of Putting Green
Court; and all of Country club Road; all the aforesaid being
shown and delineated on INDIES ISLAND, DUCK KEY, Section 1,
Part 1, according to the Plat thereof, as recorded in Plat
Book 5, Page 82 of the Public Records of Monroe County,
Florida.
J, J. Pinder
Chairman
J, Robert Dean
Vice-Chairman
William T. Mills
Secretary/Treasurer
Bernard L, Schattner
Executive Director
Sandra Kay Barrett., M. A.
October 22, 1986
Page 2
If you have any questions, please do not hesitate to contact our
office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
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Emory pierce
Staff Engineer
EP/mb