Item M1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe
County, Florida, will hold a public hearing on June 20, 2001 at 3:00 PM, at the Marathon
Government Center, 2798 Overseas Highway, Marathon, Florida, for the purpose of
determining whether or not the following streets, alley-ways, roads or highways shall be
abandoned:
A PART OF OLD STATE HIGHWAY 4A, BLOCK 4 OF MARATHON BEACH
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 16 OF THE PUBUC
RECORDS OF MONROE COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3, BLOCK 4, BEAR
SOUTH 16010'36" ALONG THE PROLONGATION OF THE EAST UNE OF LOT
3, FOR A DISTANCE OF 33.72 FEET, TO A POINT, SAID POINT BEING THE
INTERSECTION WITH THE CENTER UNE OF OLD STATE HIGHWAY 4A,
SAID POINT ALSO BEING ON A CURVE; THENCE RUN SOUTHWESTERLY
ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF
818.51 FEET, THROUGH A CENTRAL ANGLE OF 7015'59", FOR AN ARC
DISTANCE OF 103.81 FEET TO A POINT, SAID POINT BEING A
PROLONGATION OF THE WEST UNE OF LOT 3; THENCE BEAR NORTH
16010'36" FOR A DISTANCE OF 34.98 FEET, SAID POINT BEING THE
SOUTHWEST CORNER OF LOT 3, SAID POINT ALSO BEING ON THE
NORTHERLY RIGHT-OF-WAY UNE FOR OLD STATE HIGHWAY 4A, SAID
POINT BEING ON A CURVE; THENCE BEAR NORTHEASTERLY ALONG THE
ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 785.51 FEET,
THROUGH A CENTRAL ANGLE OF 7035'49", FOR AN ARC DISTANCE OF
104.15 FEET; 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 30th day of May, 2001
(SEAL)
DANNY L. KOLHAGE, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication date:
Keynoter 6/2/01
1.011
Petitioner Richard Elgersma, Jr.
RESOLUTION NO.
- 2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF
THE COUNTY AND THE PUBUC IN AND TO A PART OF OLD STATE
HIGHWAY 4A. VACA KEY. MARATHON. MONROE COUNTY. 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 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 Florida Statutes Sees. 336.09 and
336.10, now, therefore,
BE IT RESOLVED ,BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Board 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
:deline'q~~q~n the hereinafter described map or plat, to-wit:
A PART OF OLD STATE HIGHWAY 4A, BLOCK 4 OF MARATHON BEACH
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 16 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3, BLOCK 4, BEAR
SOUTH 16010'36" ALONG THE PROLONGATION OF THE EAST LINE OF LOT 3,
FOR A DISTANCE OF 33.72 FEET, TO A POINT, SAID POINT BEING THE
INTERSECTION WITH THE CENTER LINE OF OLD STATE HIGHWAY 4A, SAID
POINT ALSO BEING ON A CURVE; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF 818.51 FEET,
THROUGH A CENTRAL ANGLE OF 7015'59", FOR AN ARC DISTANCE OF
103.81 FEET TO A POINT, SAID POINT BEING A PROLONGATION OF THE
WEST LINE OF LOT 3; THENCE BEAR NORTH 16010'36" FOR A DISTANCE OF
34.98 FEET, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 3, SAID
POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY LINE FOR OLD
,
STATE HIGHWAY 4A, SAID POINT BEING ON A CURVE; THENCE BEAR
NORTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING A
RADIUS OF 785.51 FEET, THROUGH A CENTRAL ANGLE OF r 35'49", FOR AN
ARC DISTANCE OF 104.15 FEET; 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 20th day of June, 2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles McCoy
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
e
e
\
DATE
ROAD ABANDONMENT PETITION
7!3t<, 'VI
NAME
Ri~h~rrl Elg~rRm~. Jr.
ADDRESS
I
3600 Overseas Highway, Marathon, FL 33050
STREET/EASEMENT/ETC. f(1(J...CtL fJ ONJ-L(
(to be abandoned) The northerl 1/2 of Old State Road 4A, in Vaca Key, Marathon located
between 37 and 39th Street as more part cu ar y escr ed in the survey
We hereby apMifi&?,d tg~reHtgnorable Board of County Commissioners to
renounce and disclaim any right of the County and the public in and to' the
street, alleyway, road or highway as described in the following attachments:
(Exhibit A) Survey
Description of roadway to be abandoned and survey showing that portion
marked with diagonal lines with petitioners' property clearly delineated and
outlined. and showing all adjacent properties.
(Exhibit B) Map of island/key on which road is located, clearly showing US 1, Mile
t-1arker number and portion of road to be abandoned.
(Exhibit C) Copies of deed(s}
Petitioners certify that they are the sole owners of Lot(s)3, Block 4, Marathon Be9-ch Subdivision
and that the abandonment of said road will not take away from other property
holders I right of ingress and egress to their property, and that the J 9 -2L taxes on
their subject land have been paid. ~ f1I5}l/jor
(Exhibit D) Legal description of that portion of roadway which petitioners seek
to have abandoned. See parcel A on attached survey
(Exhibits E-l, E-2, E-3, E-4) - Letters of no objection from utility companies _
including. but not limited to. water. electricity, telephone, cable TV.
(Exhibit F) - Letters of no objection from all adjacent property Qwners and
list of names and addresses of all adjacent property owners.
..
Petitioners seek the abandonment for the following reasons:
The business located on the property is the Overseas Motel which has been
in existence and used Old State Road 4A for over 40 years. The Applicant uses
the
for its on access to U.S. #1. The A licant has signs and
entrance walls on the property and has maintained it as a part of the motel
for over 40 years.
J of 2
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Petitioners agree to be responsible for and pay for all costs of adverlising and
recording fees incurred relative to this request for the vacation.
Petitioners further agree to grant any easement necessary for the furnishing of
utilities, including without limitation, eledric power, water, sewer, telephone, gas,
cabla and other electric communication services to the some extent as is
common within this orea as to height, width and degree. upon request for such
service or by the Board of County Commissioners through its authorized agents. If
easements are so requIred. copies of the executed documents will be provided
to the County before the petition Is presented to the BOCC.
Petitioners certify that the road to be abandoned does not end at water or that. If
it does, the road is not a dedicated and accepted right-of-way (including by
operation of law due 10 construction or maintenance by County).
WHEREFORE. Petitioners formally requests the Honorable Board of County
Commissioners to grant this petition. /? /""" . /72!r~
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PETITIONER ~ ~
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Is personally known to me.
Provided as identification
Sworn to and subscribed before me thi~ day of ~, 1991.
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Typed Notary Name and Number
PETITIONER
[ J Is personally known to me.
r ] Provided as identification
Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
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SU"VfT ..tiE SHOWN "IOV(" 011 SH(f' ~ OF if
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_ EXHIBIT A
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THIS CEAnnES TrtAT A SUA'V(Y OF THE p~OPltfn DESCRIBED ttEREON WAS MA[)( UNO[R MY SlJPlRVIS1(\.
AND TftAT 'THE SURVEY MEETS THE MINMUM TECHNICAL STANOARD5 SET fORTH BY TIlE Fl.ORIDA BOARfll'
PROfrSSIONAllAUO SURVEYORS IN CItAPTt:R 6JG17.6, FLORIDA ADMINISTRATIVE COOE..IlUtSUANr TO St;:
Z7. AND TH.\T TH[ !iKETCH H[R(ON IS A TRU( AN{l ACCuRATE Hf.PRfSENTATlON THEREOf 10 Tur. f'
J<NOWlf.DGl AN:; !..'rUfE. SU6JfCT '0 NuTt::s AND NOTATIONS SHOWN HEREON AND TttE ....IELD NCTf
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EXHIBIT B
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908692
~~ I 368 PAGE2 0 74
THIS DOCUMENT PREPARED BY:
THOMAS J. DOUDELL. III. Esquire
Post Office Box 522376
Marathon Shores, FL 33052-2376
(11300 OVerseas Highway, Marathon,
FL)
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KNOW ALL MEN BY THESE PRESENTS, that RICHARD ELGERSMA. JR.. as
Personal Representative of the Estate of DENNIS ELGERSMA, of Monroe County,
State of Florida, party of the first part, in consideration of the sum of TEN
and 00/100 dollars, and other valuable considerations to him in hand paid by
RICHARD ELGERSMA, JR., as TRUSTEE, of the County of Monroe, State of Florida,
par~y of the sAcQnd ~ar.tl at or hefor.e the ensealing and delivery of these
presents, the receipt whereof is hereby acknowledged, has granted, bargained,
sold, assigned, transferred and set over, and by these presents does grant,
bargain, sell, assign, transfer and set over unto the said party of the second
part, his heirs and assigns, forever, a certain Agreement for Deed bearing
date the 3rd day of January, 1983, made by RICHARD ELGERSMA and ROSALYND
ELGERSMA, his wife, to DENNIS ELGERSMA and LOIS ELGERSMA, his wife.
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ASSIGNMENT OF AGREEMENT FOR DEED
A portion of the consideration of this assignment being that the
party of the second part herein assumes all the obligations and agrees to pay
all the payments described in said Agreement for Deed now due or to become
due, together with all interest specified in said Agreement for Deed.
And upon the performance of all the terms and conditions and the
completion of all payments as set forth in said Agreement for Deed by the said
party of the second part, his heirs or assigns, the party of the first part
does hereby authorize the said RICHARD ELGERSMA and ROSALYND ELGERSMA, his
wife, to make, execute and deliver a good and sufficient deed to the property
hereinabove described, in like manner as though the original Agreement for
Deed had been made and executed by the said RICHARD ELGERSMA and ROSALYND
ELGERSMA. his wife, with the said party of the second part, instead of with
DENNIS ELGERSMA and LOIS ELGERSMA, his wife.
TO Have and to Hold the same unto '"the said party of the
second part, his heirs and assigns forever.
In Witness Whereof, the said party of the first part has
hereunto set his hand and seal this ..3' ~ day of July, A., D. 1995.
..
- EXHIBIT C
.Q
908692
Off I 3 6 8 PAGE 2 0 15
REC
.-
We, RICHARD ELGERSMA and ROSALYND ELGERSMA, his wife, the legal
owners and contract vendors of the property described in the aforesaid
Agreement for Deed, do hereby consent to the above assignment, acknowledge
that all payments are current, and the contract terms are in full force and
effect.
/!~~~
RICHARD ELGERSMA
~~/8qy~
ROSALYND EtjERSMA U
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ~/ day
of July, 1995, by RICHARD ELGERSMA, JR., as Personal Representative of the
Estate of DENNIS ELGERSMA, said RICHARD ELGERSMA, JR., being personally known
to me or who has produced his Florida Driver's License as identification.
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LEGAL DESCRIPTION
A PART OF OLD STATE HIGHWAY 4A, BLOCK 4 OF MARATHON
BEACH SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE
16 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3, BLOCK
4, BEAR SOUTH 16010'36" ALONG THE PROLONGATION OF
THE EAST LINE OF LOT 3, FOR A DISTANCE OF 33.72 FEET, TO
A POINT, SAID POINT BEING THE INTERSECTION WITH THE
CENTER LINE OF OLD STATE HIGHWAY 4A, SAID POINT ALSO
BEING ON A CURVE; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF
818.51 FEET, THROUGH A CENTRAL ANGLE OF 7015'59", FOR
AN ARC DISTANCE OF 103.81 FEET TO A POINT, SAID POINT
BEING A PROLONGATION OF THE WEST LINE OF LOT 3;
THENCE BEAR NORTH 16010'36" FOR A DISTANCE OF 34.98
FEET, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 3,
SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY
LINE FOR OLD STATE HIGHWAY 4A, SAID POINT BEING ON A
CURVE; THENCE BEAR NORTHEASTERLY ALONG THE ARC OF
SAID CIRCULAR CURVE, HAVING A RADIUS OF 785.51 FEET,
THROUGH A CENTRAL ANGLE OF 7035'49", FOR AN ARC
DISTANCE OF 104.15 FEET; TO THE POINT OF BEGINNING.
EXHIBIT D
\\!e're taking teJe~'ision
into tomorrow.
~~ TCI Cablevision of Florida. Inc.
July 18, 1997
Franklin D. Greenman, P.A.
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, Florida
33050
RE: Proposed Road Abandonment, File No. 96-133
Dear Mr. Greenman:
TCI CABLEVISION OF FLORIDA, INC. has no objection with this road abandonment.
If you have any questions concerning this please feel free to contact me
at 296-8038.
Sincerely,
TCI CABL
echnical Operations Manager
-
- EXHIBIT E
1700 North Roosevelt Boulevard
Key West. Flonda 33040-7255
(305) 296-6572
FAX (305) 2969620
An Equal Opportunity Emplover
@ ......SOUTH
..,..... TMIc.......i.~ '1Ie. 366 222-11220
9101 S.W 2A Street
Miami. Rorida 33165
s.... H. .,. ....
Manager - OSPE: Conn.
March 24,1997
File# 240.0920
Richard Elgersma, Jr.
c/o Greenman & Manz P.A.
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
Re: Right of Way abandonment of a portion of Old State Road 5 ~n
the front of 3600 OVerseas Highway, Marathon, FL.
Dear Sirs,
Bellsouth has no objection to the right of way abandonment as
described above. If any additional future telecommunications
requirements are needed for the property Bellsouth will need a
conduit placed per Bellsouth design or an appropriate easement.
If you have any futher questions please call me at 305-451-3266.
Sincerely,
~ea%~
Specialist
....",. ",_;!l,"'J;";:f~'::'. ;'~~ ;-':"'J~..t "r '-,-.,\'T,-
~.... ,.~,."".-,.:,~T";_~ i
J, Robert Dean, Chairman
tf! KeyWest
Thomas R, McDonald
VIoe-Chalrman
Tawmler
Florida Keys
~~~uct Authority j/I
Key West. FIorIde 33041-1239 ~~~-r
Telephone (305) 296-2454 ~ ~
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.
.
Kermit H. Lewin
Secr8tary-lieuurer
Key West
Fred Shaw
SummerIand
Mary L. Rice
Marathon
February 7, 1997
John T. Daughtry
Executive Director
Franklin D. Greenman, P.A.
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
RE: Abandonment - A section of road in front of Lots 1 &. 2, Block 4
Marathon Beach, Marathon, FL
Dear Mr. Greenman:
The FKAA Board of Directors approved at the January 30, 1997 meeting, the above referenced
project.
Pursuant to your request for the roadway abandonment of the above-reference property,
Staff has researched your request and have no objection to the abandomnent of this section of
roadway since there are no current or planned FAA facilities within the right-ofway.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
roo-- -:7-~ I.
Edgar F. Nicolle, Jr.
Sr. Engineering Technician
EFN/cma
cc: Bob Feldman, General Counsel
Calvin Howe, Director of Maintenance Dept.
Jim Reynolds, Director of Engineering Dept.
Monroe County Building Department
C:\MyFi"'WPDAT A\DAT AIABANDONM. WPD
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FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCIATION, INC. - FKEC
91605 OVERSEAS HIGHWAY P.O. BOX 700377, TAVERNIER, FL 33070-0377 PHONE (305) 852'2431 FAX: (305) 852-4794
24 March 1997
Mr. Franklin D. Greenman, Attorney
Gultside Village
Suite 40
5800 Overseas Highway
Marathon, FL 33050
RE: Right-ot-Way Abandonment ot Parcels A & B - Old State Road 4A
Client: Overseas Motel - Richard Elgersma, Jr.
Dear Mr. Greenman:
Florida Keys Electric Cooperative has no objection to the abandonment ot the above
Right-ot-Way, however we do require that you provide FKEC with a certified survey
which would include an easement ot the existing Right-ot-Way ot Parcel A and
Parcel B. Please include the exact legal description tor each parcel. When we
receive all ot the above, we will send you the Easement torm to sign and notarize
so that we can have it recorded with the Clerk's Office in Key West. Once this is
tinalized we can proceed with the abandonment which you have requested. Thank
you.
Sincerely,
~~~~
Jon B. Dye
Staking Technician
JBD:rm
Ene!.
pc: J.Bureh
C.Russell
File
C:\WPOI \JBD97002.L TR
l'la~ U': U J. U':: ,.:jop
l:JreenmanlloManz
(305)743-6523
p.2
April 27. 2001
Monroe County Planning Department
Marathon, FL 33050
RE: Elgersma Petition for Road Abandonment
Dear Sir or Madam:
My name is Joseph Ardolino and I am the owner of the property known as the Overseas
Lodge, adjacent to Mr. Elgerma's property. The legal description of my property is attached to
this letter. This letter is to advise you that I have no objection to the proposed road abandonment
as described in the above referenced petition, and as I previously stated on May 20 and June 3,
1997.
Should you need further information, please do not hesitate to call.
Sincerely,
~!Q/L
sephZ
EXHIBIT F
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P. 1
MEMORANDUM
TO:
FROM:
Suzanne Hutton
Asst. County Attorney
David S. Koppel !:U'iO
County Engineer W
DATE:
May 7, 2001
RE:
Elgersma Request for Road Abandonment
Old 4A, Marathon
We understand that the petitioner's application now includes the entire width of the right-
of-way, which is good. And although it does not include the whole length of road, the
application was initially submitted prior to the ordinance that prohibits partial road
abandonments. Therefore, there is only one outstanding issue that remains. Pedestrian
and bicycle access is a problem in this area. Along US1, vehicles are parking in the
right-of-way which makes it difficult for bicycles and pedestrians. A long-tenn solution
is required. The solution may include utilizing some portion of the Old 4A right-of-way.
Until a solution is determined, we should preserve a portion of Old 4A. We can
accomplish this by receiving an easement back from the petitioner for said purpose. The
width of the easement should be sufficient to accommodate joint use (bicycles and
pedestrians) along with signage. Pavement widths for joint use vary from 8 to 14 feet.
Using pavement width of 8 feet plus 4 feet on each side for signage yields an easement
16 feet in width.
Please feel free to eall me if you have any questions.
DSK/jl
ElgersmaRdAbandSHutton.DOC
OKl!~ErY 3:~~~~E
(305) 294-4641
(-.' ---- BOARD OF COUNTY COMMISSIONERS
MAYOR Keith Douglass, District 4
Shirley Freeman, District 3
Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63'd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
.
INTEROFFICE MEMORANDUM
DATE:
August 5, 1997
Suzanne A. Hutton, AS~istan /~ Attorney
Joe London, Fire Marsh r\1't)
PROPOSED ROAD A ENT INSPECTION:
Elgersma Rd., aka Old State Rd. 4A, Marathon Beach Subd., Elgersma, Richard, Jr.
TO:
FROM:
SUBJECT:
An inspection of Parcel "A", aka a portion of Old State Road 4A, (located at the entrance to the Overseas Motel),
referred to as Elgersma Rd., was conducted August 5, 1997.
The Fire Marshal's Office has no objection to the proposed road abandonment at that location provided the Overseas
Motel maintains a minimum 20 ft. fire department access onto the property from US 1.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: William A. Wagner, III, Deputy Fire Marshal
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ElgersmaRd.Mara/mw7.0
MEMORANDUM
TO
FROM
Suzanne A. Hutton, Asst. County Attorney
Timothy J. McGarry, Director of Plannin~
Barbara A. Bacon, Planning Technician ~
THROUGH:
DATE
5 September 1997
RE
Old State Road 4A between 37th and 39th Streets,
Key Vaca - Request for Road Abandonment
Franklin D. Greenman, P .A. acting as the agent for Mr. Richard
Elgersma, Jr., property owner of the Overseas Motel located on
Lot 3 and a portion of Lot 4, Block 4, Marathon Beach Subdivision
on Vaca Key has petitioned the Board of County Commissioners to
abandon two parcels of Old State Road 4A. Parcel "A" is approxi-
mately 103 I by 34' and abuts Lot 3 Block 4 of Marathon Beach
Subdivision. Parcel "B" is approximately 33' by 76' and abuts the
northeasterly portion of Lot 11 Block 4 of Marathon Beach Subdivi-
sion.
The Overseas Motel has been in business at this location for over
40 years. As the owner of The Overseas Motel, the petitioner
seeks abandonment of Parcel "A" because; historically, this por-
tion of Old State Route 4A has been used as the only access to
Route 1. Additionally, signs and entrance walls exist on Parcel
"A" and have been maintained by the subject business.
Parcel "B" is located adj acent to a portion of Lot 11, and is
also owned by Mr. Elgersma. The applicant has an decorative
brick wall with a sign on the property and has maintained it, as
a part of the motel, for over 40 years.
Staff Review
A review of our records and an on site inspection of this section
of Old State Route 4A revealed the following:
1. Marathon Beach Subdivision is zoned primarily Mixed Use
(MU) . The Future Land Use designation is Mixed Use Commercial.
Parcel "A" of the abandonment petition is located adjacent to Lot
3 of Marathon Beach Subdivision. There are two concrete block
walls with signage indicating the motel entrance, a portion of a
wood frame sign, and clipped hedges on this parcel of land.
Parcel "B" of the abandonment petition is a section of Old State
Road 4A which is located adjacent to approximately one half of
the north easterly portion of Lot 11. The survey submitted with
this petition indicates that a portion of an brick wall extends
approximately 6.5 feet into the area requested for abandonment.
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The remaining 26.5 feet of this area is striped as parking spaces
for the adjacent restaurant, Joe's Lobster House.
2. Approximately one third of Parcel "A" is paved where it
serves as the entrance to the Overseas Motel. The remaining
portion of this parcel has been incorporated into Lot 3 as noted
above with entrance walls and landscaping. The area to the west
of Parcel "A" has been absorbed into the adjacent property and
does not serve as an access route.
Parcel "B" is primarily asphalt paving with the exception of the
brick wall. Currently, it provides access and parking for the
adjacent restaurant. The area to the east of Parcel "B" is 37th
Street, to the north and west of the parcel is the area used as
parking. Lot 11 is south of the parcel.
3. There is one letter of "no objection" from the adjacent prop-
erty owner who owns one half of Lot 4, Lot 9, and Lot 10, Block
4, Marathon Beach Subdivision. These properties are adjacent to
Parcel "A".
However, Lots 1 and 2, Block 4, Marathon Beach Subdivision would
be impacted by the abandonment of Parcel "B" and there is no
information from this property owner included in the petition.
It is important to note the restaurant located on Lots 1 and 2
does not have adequate parking. Safety problems could occur if
the restaurant is denied the use of this area for parking.
4. The applicant has received letters of concurrency from TCI
Cablevision and Florida Keys Aqueduct Authority. Bell South and
Florida Keys Electric Cooperative have requested easements. The
Fire Marshall has not commented on this petition.
5. The road proposed for abandonment does
body of water i therefore, shoreline access
this petition.
not terminate on a
is not an issue in
Policy and Code Standards
Chapter 16, Section 1 of the Monroe County Code, states:
(a) No dedicated and accepted right-of-way in the county can
be abandoned where the right -of -way terminates on a body of
water.
(b) In all other cases of abandonment, no right-of-way can
be abandoned unless there is agreement to do so by all proper-
ty owners on both sides of the right-of-way.
(c) The county commission considers these a restriction on
the rights of individuals who desire to abandon properties in
accordance with Florida Statutes section 336.09.
Conclusion and Recommendation
RAELGERS/TXTDR 09/08/97
1. Parcel "A": Staff recommends APPROVAL of the request for
road abandonment for Parcel "A" based on the following:
a. The proposed abandonment of Parcel
serves the applicant. Therefore the
meets the requirements as outlined in
Section 16-1.
"A" of Old State Road 4A
request for abandonment
the Monroe County Code
b. This request is consistent with Goal 213 of the Monroe County
2010 Comprehensive Plan as the road abandonment does not termi-
nate on an body of water.
c. Based on the application, the applicant has received letters
of concurrency from all utility companies affected by the abandon-
ment. Therefore, the abandonment will not impair the distribu-
tion of utilities in the neighboring area.
2. Parcel "B": Staff recommends DENIAL of the request for
road abandonment for Parcel "B" based on the following:
a. The proposed abandonment of Parcel "B" serves the applicant
and the adjacent property owner of Lot 1 and 2. The restaurant
located on Lots 1 and 2 uses the area identified in Parcel "B" as
parking. The petition does not include a letter of no objection
from this property owner; therefore, this request for abandonment
does not meet the criteria as outlined in Section 16-1 of the
Monroe County Code.
Additionally, if it is the intent of the applicant to establish
ownership of the property to include the brick entrance wall,
then the petitioner should adjust the survey, legal description
and petition for abandonment accordingly.
b. The proposed abandonment does meet Goal 213 of the 2010 Plan
as outlined above.
c. The petition includes letters of concurrency from all utility
companies affected by the abandonment of Parcel "B".
cc Robert Herman, Director of Growth Management
Antonia Gerli, Development Review Coordinator
Ervin Higgs, Property Appraiser
RAELGERS/TXTDR 09/08/97
~.
....
Supervision of:
, Attorney
Florida Department of Transportation
District -Six
1000 N.W. 111th Avenue
Miami, Florida 33172
COUNTY Monroe
SECTION 90560-2611
SECTION : 90040-2508
STATE ROAD NO.: 4-A
PUBLIC PURPOSE QUITCLAIM DEED
THIS INDENTURE, made this ;!qtt day of Al/9" sf-
1~ by and between the STATE OF FLORIDA, by and through the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, as the Party of the First Part
and MONROE COUNTY the party of the Second Part.
WITNESSETH
WHEREAS, the hereinafter described property held by the
Department of Transportation is no longer used or needed and the
District Secretary of District VI of the Department of Transportation
has approved conveyance to the Grantee without consideration, to be
used solely for public purposed, pursuant to the provisions of Section
337.25(3), Florida Statutes.
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of
the First Part does hereby remise, release and quitclaim unto the
Party (Parties) of the Second part, and assigns, forever, all the
right, title and interest of the State of Florida and/or the State of
Florida Department of Transportation to the property described on
Exhibit "A", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the said premises and appurtenances
thereof unto t~e Party (Parties) of the Second Part.
THIS CONVEYANCE IS made subject to any unpaid taxes,
assessments, liens, or encumbrances of any nature whatsoever which the
Party (Parties) of the Second Part hereunder and herein assumes.
IN WITNESS WHEREOF, the State of Florida Department of
Transportation has caused these presents to be signed in the name of
the State of Florida and in the name of the State of Florida
Department of Transportation by its District Secretary and its seal to
be hereunto afjfixed, attested by its District Executive Secretary, on
the date first above written.
,
,
~
EXHIBIT -An
LEGAL DESCRIPTION
,
RE: Section 90560-2611
Section 90040-2508
State Road No. 4-A
Marathon, Monroe County
All that portion of a 66 foot wide strip of land known as Old State
Road No.4-A, which lies in Government lot 1 in Section 9, Township 66
South, Range 32 East and in Government Lot 3 in Section 10, Township
66 South, Range 32 East Monroe County, Florida as shown on Florida
Department of Transportation Right-of-Way Map for Section 90040-2508,
Sheets 3 and 4 as recorded in Road Map Book 1 at Page 147 of the
Public Records of Monroe County and lying between Station 85 + 83.50
and Station 114 + 44.95 and which lies 116 feet North of and parallel
with the Baseline as shown on said Right of Way Map.
LESS: That portion of said State Road No.4-A, which was Quit Claimed
to Monroe County by Quit Claim Deed dated January 14, 1971, and .filed
for record in Deed Book 468 at Pages 43 thru 45 of the Public Records
of Monroe County, Florida.
AND LESS: All that portion of said State Road No.4-A, which lies
within the Boundaries of the Florida Department of Transportation
Maintenance Yard as described in O.R. Book 284 at Page 21 of the
Public Records of Monroe County, Florida.
Franklin D. Greenman, PA
David L. Manz, PA.
GREENMAN &. MANZ
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ATTORNEYS AT LAw
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
(305) 743-2351
(305) 743-6523 Fax
.Board Certified in Marital & Family Law
Fellow of the American Academy of
Matrimonial Lawyers
May 30, 1998
Dave Koppel
County Engineer Department
5100 College Road, Room# 508
Key West, FL 33040
RE: Elgersma Request for Road Abandonment
Old 4A, Marathon
Our File No: 96-133
Dear Mr. Koppel:
I am enclosing a copy of the memorandum you sent Suzanne Hutton on April
8th, stating some concerns about this road abandonment. I am hopeful this letter will
clarify your concerns and authorize your office's approval for this road abandonment.
Mr. Elgersma is only entitled to obtain one half of the abandoned right of way,
pursuant to Florida Statutes ~336.12. The other half of the right of way must be given
to the abutting property on the other side of the road. The abutting property owner is
Joseph Ardolino. I have previously advised the county attorneys office that he is
petitioning for a road abandonment of his portion of the abandoned roadway, but we
have not as yet received the completed survey on his property to petition the county.
As to the issue of the bike path, I have been personally involved with the issue of
the bike path to the Stanley Switlik School. I represented the property owner who
obtained the vacation of Lot 6, Block 4 of Marathon Shores subdivision, the property
closest to the school property, and they agreed, as a part of their road abandonment
approval, to grant to the county an easement for pedestrian access for purposes of that
bike path. Mr. and Mrs. Elgersma are both very community minded individuals and
have already authorized me to offer a similar easement to the county (whether or not it
was requested as a part of the road abandonment petition.) Further, I have discussed
this matter with Mr. Ardolino, the owner of the abutting half right of way and he also
has agreed that in the event a bike path is required on that property for the benefit of
the school children, he will grant an similar easement.
The parking problem along US# 1 should not in any way interfere with the
JUN-05-01 12,33 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
Memo to Jan Hotalen
From Suzanne Hutton ~
RE: Elgersma Road Abandonment
Ifit is not too late to include this memo in the Elgersma road abandonment agenda
package, pleas.: include it.
Earlier today, I received a phone call from Karen De11lllS who previously had a portion of
the same road ;ldjacent to the parcel in question abandoned. She voiced opposition to the
abandonment, primarily because she uses a portion of the right-of-way although her
property has other road access. Additionally, sbe complained that she did not receive
notice of the proposed abandonment for purposes of consent. I told her that when this
abandonment petition was filed, our requirements only included an adjacent property
owner who aClually abutted the road in such a way that his propeny would end up with
incremental land if the abandonment occurred. I also advised her that the hearing would
be at 3 PM ]w".e 20 at the Marathon Government Center and she should show up if she
wanted to object.
She asked that a note regarding her opposition be placed in the file.
PAGE
1/1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 20, 2001
Division: County Attorney
AGENDA ITEM WORDING:
Request for approval of road abandonment of a portion of Old State Road 4A adjacent to Lot 3, Block
4, Marathon Beach Subdivision.
ITEM BACKGROUND:
In 1990, an attorney initiated inquiries regarding road abandonment of a portion of Old State Road
4A adjacent to properties held by Elgersma, Ardolino & Cinque/Dennis. In 1993 Ms. Cinque and Ms.
Dennis petitioned for abandonment of that segment (the entire width of road) adjacent to Lot 7,
Block 4. Abandonment was granted by Resolution No. 091-1994.
In 1997, another attorney began the petition process for abandonment of two parcels, one of which
is the subject parcel, the northern one-half width of right-of-way adjacent to Lot 3, Block 4. Issues
regarding bicycle paths and pedestrian access to a nearby school and County Staff recommendation
of denial of that segment not included in this request for abandonment led to delays. The attorney
of record did not follow up on the issues in question.
In late April, 2001, the petitioner renewed his request to abandon only the segment next to Lot 3.
At that time, the Marathon City Council was considering acceptance of a Quitclaim Deed executed by
the County transferring roads to Marathon. The City's approval was received after the agenda
deadline for the June 20 meeting. Also received after the placement of the ad for the public hearing
were phone calls from Ms. Dennis and her current attorney Hal Schuhmacher, objecting to the
abandonment.
The most cogent argument Mr. Schuhmacher set forward was the fact that if the abandonment were
to be approved, an isolated strip of Old State Road 4A between Lots 3 and 7 would remain as a road,
which is not in keeping with County policy.
The matter is further complicated by the City's and County's subsequent efforts to transfer the
rights-of-way interests of the County, which did not effect the transfer of those portions of Old State
Road 4A under the County jurisdiction. On the June 20 agenda is Item L4, a Road Transfer
Agreement intended to confirm transfer to the City of all County public rights-of-way within City
Limits.
Finally on June 12th, the City of Marathon acquiesced to the abandonment on the conditions that any
easements that might be needed (but specifying no delineation which would set the easement
parameters) be retained.
STAFF RECOMMENDATION:
Because (1) the requested abandonment would create an isolated portion of right-of-way between
the segment already abandoned and the proposed abandonment; (2) to transfer all right-of-way
interests in the City; and (3) the nebulous nature of the easements the City would like to retain,
County staff now recommends denial.
DOCUMENTATION:
Included -2L-
DIVISION DIRECTOR APPROVAL:
AGENDA ITEM #
ADDITION TO 1 - M 1