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Item R6 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on August 16, 2000, at 3:00 PM, at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Florida, for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall be abandoned: THAT PORTION OF VILLAGE AVENUE LYING BETWEEN LOT 1, BLOCK 10 AND LOT 11, BLOCK 11, ALL AS SHOWN ON THE PLAT OF SOUTH CREEK VILLAGE, RECORDED IN PLAT BOOK 3 AT PAGE 85 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. 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 27th day of July, 2000 (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: Reporter 7/27/00 I-(l~ Kendall Kiefer Warwick, Petitioners RESOLUTION NO. - 2000 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 VILLAGE AVENUE, SOUTH CREEK VILLAGE, KEY LARGO, 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 delineated on the hereinafter described map or plat, to-wit: THAT PORTION OF VILLAGE AVENUE LYING BETWEEN LOT 1, BLOCK 10 AND LOT 11, BLOCK 11, ALL AS SHOWN ON THE PLAT OF SOUTH CREEK VILLAGE, RECORDED IN PLAT BOOK 3 AT PAGE 85 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 16th day of August, 2000. Mayor Shirley Freeman Commissioner Wilhelmina Harvey Commissioner George Neugent Commissioner Mary Kay Reich Commissioner Nora Williams (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson ROAD ABANDONMENT pET/nON DATE ~ -~ -"0 PHONE .1/0 - 111 -/)..1/0 NAME MuYa... ~1'\d..oJ / ADDRESS / I.J 1.J tz i^..1 ~ 12a. Ut:w I. .J(S ~ ? / <f It.. STREET/EASEMENT to be abandoned -~J148.Jtv/. h,+""p/o- Wit"" 11 IU I ~IIO We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street, alleyway, road or right-of-way as further depicted and described in the following attachments: (Exhibit AJ Survey - Description of roadway to be abandoned and survey showing that portion marlc:ed with diagonal lines with petitioners I property clearly delineated and outlined, and showing all adjacent properties. (Exhibit BJ Map of Key on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. (Exhibit CJ Copies of Deed(sJ - Petitioners certify that they are the sole owners of lot(s) / / ~ J ~;l. and that the abandonment of said road will not take away from other property holders' right of ingress and egress to their property, and that the 19-2.2 taxes on their subject land have been paid. (Exhibit OJ " legal description of that portion of roadway which petitioners seele to have abandoned. (Exhibits E-), E-2. E-3. E-4J leHers of no objection from utility companies - including, but not limited to, watei, electricity, teiephone, and cable TV. (Exhibit FJ letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners seek the abandonment for the following reasons: ..see... /i:.lh; II -rJ\..... '~-i.,<,~ r:;,.".... Ok+ . . Petitioners agree to be responsible for and pay for all costs of advertising 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 Emitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC 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 <;:It water or that. if it does. the road is not a dedicated and accepted right-of-way (including by operation of law due to construcf.on or maintenance by County). WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners to grant this petition. [ ] Is personally known to me. ~ Provided as identification bH (/ l r::f \~o~d41~ PETITIONER Iv "'ee.lf1. \e., Sworn to and subscribed before me this _~12 day of ~.A <+JfJ L.I L (. .4 94-) Notary Signature and Seal .NJo{) . P. L WilaoR Typed Notary Name and Number PETITIONER [ ] Is personally known to me. r J Provided as identification Sworn to and subscribed before me this day of --. Typed Notary Name and Number Notary Signature and Seal 2 "" ROAD ABANDONMENT PETIT/ON DATE ?/I /20 023 PHONE ~15 Y74/ {711 NAME !~C; FJ(fER ~05 Lf5/ 51"2Lj "_ ADDRESS ~ 32~ <::'{)Uw:;j TA!V~It:~/..fJR7()}fL 330; STREET/EASEMENT to be abandoned ~ija7tfS' Av~ bJi..Jt'~..lIl Lat l/ 13111 -I-Le-t I BIIO We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street, alleyway, road or right-of-way as further depicted and described in the following attachments: (Exhibit AJ 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 8J Map of Key on which road is located, clearly showing US J, Mile Marker number and portion of road to be abandoned. (Exhibit CJ Copies of Deed(sJ - Petitioners certify that they are the sole owners of lot(sJ /1 Cl4J J v... ~ and that the abandonment of said road will not take away from other property holders' right of ingress and egress to their property, and that the J 9.:t:l... taxes on their subject land have been paid. (Exhibit OJ Legal description of that portion of roadway which petitioners seek to have abandoned. (Exhibits E-l, E-2. E-3. E-4J Letters of no objection from utility companies - including, but not limited to, water, electricity. teiephone. and cable TV. (Exhibit FJ Letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. E;.it.1u2.. Petitioners agree to be responsible for and pay for all costs of advertising 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, electric power, water. sewer. telephone. gas. cable and other electric communication services to the same extent as is common within this area as to height. width and degree. upon request for such service or by the BOCC 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 to construction or maintenance by County). WHEREFORE, Petitioners formally request the Honorable Board 0 to grant this petition. PETm ER ( ]) personally known to me. , [ ..r Provided as identification -4 ~ ~ .."/ -f it L J/ d A I J' I.A ~- Sworn to and subscribed before me this ~....c:L-day of Typed Notary Name and Number ,,:j/Jdd. ~..,.~y PlIctG: UNDA S. PRESTON ~ "COMMISSION' CC580206 ~ ~ EXPIRES AUG 27. 2000 ~ BONOED~ 'Ii OF t\: ATlANIlC BONDING CO, INC. PETITIONER [ ] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this day of .-- Typed Notary Name and Number Notary Signature and Seal 2 ,... ,"' ~ -.... t \, \) . - _.',-~ ) v ROAD ABANDONMENT pET/nON DATE $ -:J. -.:? t)O 0 PHONE SJb -~S..2- 7 R / tJ NAME E10e Y'a. (Ijpra) /1, War/il/~, J< ADDRESS .g:J.()/ Ed~T Jlarry 57- t%1i-//tJl.. t!~j/ir fs C?r2t1.? STREET/EASEMENT to be abandoned t/;1k~e.4te b~TIIJPeh Lot II. 8/ / / (J nJ J..t"irl Sf JO tt We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street, alleyway, road or right-of-way as further depicted and 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 Key on which road is located. clearly showing US 1, Mile Marker number and portion of road to be abandoned. . (Exhibit C) . Copies of Oeed(s) - Petitioners certify that they are the sole owners of Lot(s) II t7J 10/ 2- and that the abandonment of said road will not taKe away from other property holders' right of ingress and egress to their property, and that the 19_ taxes on their subject land have been paid. ' (Exhibit OJ legal description of that portion of roadway which petitioners seek to have abandoned. (Exhibits E-l, E-2, E-3, E-4) letters of no objection from utility companies - including, but not limited to, water, electricity, teiephone, and cable TV. (Exhibit FJ letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners agree to be responsible for and pay for all costs of advertising 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, electric power, water, sewer, telephone. gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC 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 to construction or maintenance by County). WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners to grant this petition. ~~~~ PETITIONER [ ] Is personally known to me. rvr Provided as identification ~~-1l'~ U-/,'rvv,j{lAU/Jlv' Sworn to and subscribed before me this 3- 0 CfY1 CUt (t~ M~RY KASRI Typed Notary Name and Number PETITIONER [ ] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this day of .-. Typed Notary Name and Number Notary Signature and Seal 2 '-' to- - ....... 1\ I .- ! . U f~ That portion of Village Avenue lying between Lot " Block 10 and Lot 11, Block 11, 011 os shawn on the plot of SOUTH CREEK VIllAGE, recorded in Plot Book 3 at Poge 85 of the public records of Monroe County, Florida. Curve number I -------------- Radius- 25.00 Delta- 90"00'00. Are- 39.27 Taflgellt_ 25.00 Chord- 35.36 I J , I I / / / .,,- " -----------.,..,.. 25' Plot 25' Plot I J I , \ \ \ , "- '..... - w ,. . i :::::> Zj w --------- s o.~. N E- > I'" <( pV'3925' . fnd. El. '0"5')' . , :. .' . .--. - ". . . :'D R I V E ~ "---..,.'. ~ I 10.0' *-" ~ _: -' -' - - - - - - - - -' -' !.: ~ _: - _ ~. _ _ :_: _' ~. ....: ~. _: ~ ~ 8.5' -------- ;, c c , C r C t ~ 100' Plot 1- 100.01' ... ------ g.5' x ~ g.4' I x g.,' I PIpe ~~ ... j , . :2 ......... - W ~ e,j - Il 0 :i <..:> w ~ Z <( w 8 lJ () a.. 0 e,j :i L 0 ,..: ci -1 ...J Z .... .... Q) ...J ." ::::> 0 in N cq '-' co co 0 .......... iii .0 r - " " > - ~ ... o - E ~ U o ...J m ..... Jo- o ...J t- O ,<P~. ...J fiS.$. · ::-1r,e's;Z$ CUM'W; 9.5' )( '\"''b. .,. 'b. <- x 9.6' --------------- SO.OO' SO' A PART ... Plot OF ---.------.----- ~'''''. ~::. NOT THIS PLAT HAL THOMAS - PROFF.~~T()N AT T A NT) ~T T"R'TPVTl\.T~ P.o. Box c-i-tf/f?,/T /) Fod. - Fouod S. - Set O. - o...d R. - RKOnIo PI. - Plot Cone. - Concreto Fr.- Wood fro A/C - Air cond1tlOl'l'" lJa.fW.. - "'101 ahed/Wood on.d Cb. - Concr.to block P.C.jP.T.-Point of Curvoturt/Ton P.O.C. - Point of Comrn.nc<rment P.O.B. - Point of BcQinnin9 P.OT. - Point of Terminu. Wd. fW p. - wood clock,! wood pon: h [nc. - oncroochu BHI. - bulkh.ad line 0.0.1 - Ocportrnent of TrontpO<ta' cor. - COfl"\.et' PI<. no;) found PI<. nail M< P;p. found PipoI/ oop ~ Iron p;n fOW>d Wood utility paM eona-.t. utility ~ UoMoI. ~ Ilectric r.". ~ lMpI\one r.r- Choinlink f one. -+ WOOd ~ Nol...All p<p..I ...t. .. 01 PIL. oet on Odenur_ .ith a cap or woa.hor ~ with the numb4lr 01 tne oiQn' ~ UnI... ~_ o~. oil pipe. on 7/8" (0.0.) Ond 011 ..oon arw , ~ . --------- . --------- . --------- e --------- 6 --_______ P --------- o -----____ . --------- --'-- [- -T 0' 20' 30' 1 )The survey hereon represents 0 lot/lots with elevations. 2)E1evations hereon ore rolative to kno....n os 1929 Notional Geodeti J)No underground uti:ities, tounda by this survey. Excavate at your 4)No encroochments were noted b hMeon. 5)The North Anow and Beorings,(it tram the Legal Description, it s i The Base at Beorin9s tor perla 6 )The Plot os stated '" the Legal at January, 1955 7)This parcel is located Zone A[ , Base Flood Elevation 8. as s ....n on t.E.....A.. map panel I lHo3 ,revised 6-16-95 To be verified by En n er /County prior to construction I 6)E1evctions ore sho....n thus: and were derived tram: Pk.D.6.JO' Prime Reference: 'V-274 ",D.l 03.039' by the clienLNo abstractin(} was done survey does not certity ownership, which survey of vacant eon Sea Level. 1929 Adiustment, also Vertical Datum, (N.G.V.D.) s, footings or septic tanks were located n risk ! his survey unless depicted or stated own), were derived tram the Plot Of description is metes and bounds. 9 this 5Urvcy ore denoted thus: (fI) ,cription was recorded on the 25th. day 9)The legal description wa, fumisn for the purpose of this survey. is subject to opinion of title. 10)Any notorious evidence at occu tion and/or use of the described parcel for right of ways, ingress and egre s is shown on this survey drawing. however, this survey does not purpart to r flect any recorded easements or right of way other than shown on the record Plot or stated in the Legal Description os it appears on this drawing. This su y does not certify that ,uch instruments do not ellis!. Nor does this survey s ow prescriptive eo~ments. 11 )This survey was maOe tor the e US41 ot the client os stated hereon and is not warranteo for unauthorized by third parties. No certifications other than those stated specifically on ore implied. ~ .... \'-1..1 -_~14t.~r~"'~0"C' AIIUTALANE~ ~1711~~~~Kt~'~~.. 17 III.A~\~~ a()~NJ~~ ' , . ,.,.- 'l.fJ" . .,J.~ ~ ,",,' \@W! ~ ,NAL ~~~ ~ ~ 1~~:.1' ~ ~ ~~(;1 <i f- .R\~" 'g/ z -L. )0. I WI A" <Z: ..~)o J'"ja' ....... /'" \" 1/ ' U ~ of L/"" ,. 1 "~' '" , ,. ~ ,w',':'4 ~ : "~I~:; o~ m'ANAL 18 ~ ~ '--l i~ ~l~ 11M a" '0-, ~ 11 -=--:lI~ ~ _" ,. ~ 11 ~o ]) pc;, .ANE ,. \ ~~ ,r J- I 103 , j!...--\ ~ ~ . n '----l . " 7 I ~~~---. ' ANAL r ..!-- I ~ "It~ ~\ +- r-,j 11 .- r LANE .' I. I '\ " . 1/711 ,. ANAL I Ig.u , ,~~I"j Ii ""4~ .F ~i\o;! Jo · ~A~ ~"iI __Of $ TIIACT A ~ O' ~ .~ 0- ,~., · ,-'~ y~ I I 7 I I I> · -// .~ 4 1 . 1 '" '. ~ " J/ 17 11 11 10 21 I- 01 111114112127" ~ ~ "~; ~ " UI ,." ,. I I 7~ :) 14. ,II!!!; '~)'''' 10 21 II II I ..J, _~ ~ - ""! 15 '. t;/.., - 27 ...,...d "1. - I!I ~:~ 11 11 14 11 12 11 I. I /:;;;;.- "l I 7 I I 4 1 I 1 _.itill..8 Il\ ~II 24. a 17 a a 'aa ., II II N .. II 17 II II 40 41 .:- ~ ~. GO ~(fj\-t.~ '\~ / 1 ~..,.... ~/.... "" f;t,...... ....0/. fl ~ ...... ::T .4~1' ...!i' .~ ~~\\))'~ ~... / t.G" ~\\.\. _ etf~ ,,~1~ 11':' 17 " 11 14 11 11 CABRIIRA ITREIIT '~~ [ I~ i~~B y KEY LARGO , "u~ LAGlE . I I 4 . . 1 ,." '-Iells. " 1 I , 11 ,. 14 II " 17 18 " "~li MI'}' 1. 17 11 11 10 ~~~Jo~~ !i. l\1 ~ COLLINI, TIIIIET ilv 1/ . 7 . . " . . 1 ,.. ~i 7 . . " o 10 A G II: . C ... ~ M" · 7 r. · 4 · . 1 CABIIEIIA ITIIEET ,......., 7r~ :j~~ ~ I '11O! 11 11 11 1. ~ !: PLANTE ITIIEI!T " . :i 14^ ,~V' : 11 11 1117 ~ /' . ",4/, ~ ~ , o~ . . I I KEY L~RGO I d ~ V '!P~ I. ~ '#V/ " ijl'1I ,~ y~, In '. /( 11111." 7 . . . . I 1 , ~ 11 II II 1411. a IJ' .1 II .. ., II I PLANTII! ITREI!T ~ . , ~ . . '0 , " ~ . ~ o. ~ .~ " . . ~ . . '0 I. , -, .... - "~I I 7 I I I ~r. SOUND DIIIYE . . 1 i ~ '0 11 "10 " --' ,~ - BASIN ~ ~ I! " · 11/17 11 11 10 11 alII 14 II II A5iru ..In/.., - 11 I. 11 14 11 11 17 I 1 111...'..... 1 ss KEY LARGO ) ~I.S - V~ ~ / '\, EXHIBIT B . I'.l.L61..l...lOb.LB32 BK'151~ PGI1881 RCD May :Z 1998 12:03PM DANNY L i\OLHAGE, CLERK This Quitclaim Deed, made this 16th day of March, 1998, between Ramona L. Huffman and Jeanne M. Huf~man and Susan J. Warwick ..., r' /' ,~ QUITCLAIM DEED hereinafter called the grantor, whose post office address is: 8201 E. Harry #1101 Wichita, KS 67207 Warwick, Trustee of the Warwick Revocable Trust under Trust dated October 22, 1997, and Michael C. Warwick and Laura E. And Elvera M. Agreement Kendall hereinafter called the grantee, whose post office address is: 8201 E. Harry #1101 Wichita, KS 67207 Witnesseth, that the grantor, for and in consideration of the sum of $10.00 and other valuable consideration, to the grantor in band paid by the grantee, the receipt whem>f is hereby acknowledged, has released, remis:d and quitclaimed, to the grantee, and the heirs and ~igns of tbe grantee forever, all r.he right, title and interest of the grantor in and lO the follo\Y:')g dc.scrib:d l::nci siluatt; in Mu-oU''>: COl1n,y. Fiul:j;:, tv wi;; Lots 1 and 2, Block 10, South Creek Village, according to the Plat thereof recorded in Plat Book 3, Page 85, Public Records of Monroe County, Plorida. As to the interest of Grantee, Elvera M. Warwick, Trustee, full , power and authority is granted by this Deed to Trustee or its successors to protect, conserve~ sell, lease, encumber or otherwise to manage and dispos~'of the real estate or any part of it. Y" ~ Subject property is not the homestead of any of the grantors. Ramona L. Huffman and Jeanne M. Huffman reside in Colorado. Susan J. Warwick resides in Kansas. Prepared without benefit of title examination. Parcel Identification Number: A Tax#00468190-00002f Tax#00468200-oooo~ the grantor has executed th~iprcsentS. to", In Witness Whereof, l ,', I' 'I . , ,. ; If l I. . \.. of r, ~,c:-.., .L........ _ Ramona L. Huffman l_i._. \:" .,~ \~ I""' ~t'!1<J-~{1 i.4A:.-'-" i alUre of i Print Name: ' \.,U ,)Lv ( P.I iT", U'1o--) ~o ~/ ~-. /Si~ orv;/j; Pont Name: 1/>'- ~ 1 'C"-fv.~--... ~~)~. ~ eM. Huffman J/U,~ EKh'-~JLf C State of Cc IC(l\..:.iG County of If" , I~ Y The foregoing instrumall was acknowledged before me this 2U fJ- day of March. 1998 by Romona L. Huffman who is personally 1cnoWD to me or who produced Driver License as identification and who did not take an oath. Affix Notary Seal or Stamp: .)~ / l ..-/ ~ State of County of {!a/urad u ~II-f'r The foregoing instrumall was acknowledged before me this ~~y of March. 1998 by Jeanne M. Huffman ~. , .73orJi1 Ct:,.-fi'OLh /?s-IF .~ who is pe~na1ly moWD to me or who produceGi. " as identification and who did not take an O:lth. . I . . " - ~lJ ....:t.. Affix Notary Seal or Stamp: Notary Public, S)atC of . 0 Print Name: :>I,.(StlI1 My Commission Expires: arty C'omm.e1er\ expires lClt'26W The foregoing. was acknowledged before me 1h7....;day of March. 1998 by Susan J. Warwick ~ U o.A.\...-- 0 c!J- personalJY ~o~ me or who produced Driver License as identification and who did not take an oath. !~ AffIX Notary Seal or Stamp: olary Public. ~~_()f ! IONROE CCL'~;T':' bFFICIAL ?EC:RDS FILE # 1 ::L 5 .3 7 6 .3 PK# 1 (:, (2) 6 PG~ 6 7 6 Reo Nav 2? I??'? :J: 211\/l DANNY L KOLHAr.~, ~LERK PERSONAL REPRESENTATIVE'S RELEASE AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY The undersigned, Kathleen M. \varwick as personal representative of the estate of Michael Carl Warwick ...... ( ...... , deceased, hereby acknowledges that title to the real property located in Monroe rJ ' ,0 ....... ...... ' \0 \0 '0 r County, Florida, owned by the decedent at the time of death, described as follows: .. . lDts 1 and 2, Block 10, SOUI'H CREEK VILLAGE, according to the Plat Thereof as recorded in Plat Book 3, Page 85, of th~ Public Records of Monroe County, Florida. ~ o t'l 'U-s J - t"" oS ~ . . 00468190-000000 Property Appraiser's Parcel Identification NUD1h'er 00468200-000000 (the .Property"), vested in Kathleen M. Warwick ,,;' (the -Beneficiary" or "Beneficiariesj by operation of law as of the date of the decedent's death pursuant to Florida law as will more fully appear from the proceedings in the Circuit Court for Monroe County, Florida, Probate Division, in File No. 99-20044 CP 10 . subject to rights of the personal representative under Sections 733.607 and 733.608 of the Florida Probate Code to take possession or control of the Property, or to use, seD, encumber or otherwise exercise control over the Property (1) for the payment of devises, debts, family allowance, estate and inheritance taxes, claims, charges, and expenses of administration, (2) to enforce contribution altd eq'ualize advancement, or (3) for distribution. Having determined that the Property is not needed for any of the foregoing purposes, except distribution, and that the Property should be released and distributed to the Beneficiary or Beneficiaries, the personal representative hereby releases the Property from all rights and powers of the personal representative and acknowledges that the Property is vested in Kathleen M. Warwick free of all rights of the personal representative. Bar Form No. P-5.0600-1 of 2 o Florida Lawyers Support Services, Inc. Revised Aueust 1993 I) FIL8 # 1 1 5 3 7 6 3 BK# 1 6 (06 PG#6 7 7 IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of the .,s.~i\. 2.1 .19QO. decedent, has executed this instrument on ~ . ~ Executed in the presence or: " ) / . ,/I.~. LOI~ _1l(~c,f/~/-I}}j.tUW/'J tlL- (two wilI!8888I) .. . df<~ ~ LJ<t~ As personal representative of the estate of MICHAEL CARL WARWICK deceased STATE OF ~ KANSAS COUNTY OF s'-eJ" 1\11'cL / J / The foregoing instrument was acknowledged before me on ~t '7th. 19 9 Ct by Kathleen M. Warwick;' as personal representative of the estate of Michael Carl Warwick . deceased, who Is personally known to ~ -S 1J L iF 'Sf) f- s n- 7 ~ 11 (type of identification) as identification. me or who produced ~L"".~.~k Notary Pubn~ State ~ Kansas I(y Com",llIIIiOD ExpIreo: h::> 'I, ;J Of) / A. DEANNA L. GOSCHA ~ Nc:ary Public - Slale of Kansas My Appl. Expires January 24, 2001 HONR0E COUNTY OFFI:IAL RECORDS This instlument prepand by: Fred E. Glickman, Esquire 9200 S. Dadeland Boulevard, Suite 508 Miami, Florida 33156 Bar Form No. P-5.0600-2 of 2 o Florida Lawyers Support Senices, Ine. ~......_.. Revised August 1993 ~ N o N E-<C'1 W...... W o::~ E-<o:: C1)0 >- w OE-<~ WE-<W ::E:WZ 0>- 0:: <C ~ ~W ~ CI) .::::> OWU W <C ::E:~o:: 0......>-/1 O::C'1C1)/I I o E-< Z 0:: ::::> E- w 0:: Cl Z <C Cl 0:: o U W 0:: /I /I /I II II II II II II II II II /I II II II ~ f().~ {[))\Y1 r fL ~ ~~:!./ LJ U THIS INDENTURE, made the / 1 day of May, Nineteen Hundred and Ninety Nine II I BETWEEN CLIFFORD KIEFER, residing at 434 Klaus Avenue, Riverhead, County of Suftolk, in the State of New York; and CLIFFORD KIEFER residing at 434 Klaus Avenue, Riverhead, New York 11901, party of the first part, and THOMAS M. KIEFER residing at 1423 Butternut Street, Syracuse, in the State of New York, party of the second part, I /I II II II II II II II /I " /I " /I WITNESSETH, that said parties of the first part, in consideration of the sum ofTen Dollars and other good and valuable consideration, to her in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained and sold to the said party of the second part, his heirs and assigns forever, the following described land, situate, and being in the County of Monroe, State of Florida, 10 wit: Lot I I, Block 1 I, SOUTH CREEK VILLAGE, according to the Plat thereof as recorded in Plat Book 3, Page 85, of the Public Records of Monroe County, Florida. Subject to: Conditions, restrictions anqlimitations of record, if any. / The above property is improved land and 'fes constitute the homestead of the Grantee. And the said party of the first part do here~ fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto set her hands and seal the day and year first above written. Signed, sealed and delivered i ./' WITNESS .Ii \.. ~~ (~" /(,~ ~FORD KIEFER , " /I /I STATE OF N'EW YORK, COUNTY OF SUFFOLK}ss: I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the-State' aforesaid and in the County aforesaid to take acknowledgments, personally appeared: CLIFFORD KIEFER to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. WITNESS by an official seal in the County and State last aforesaid this /b"t.:~ay of May, 1999. ~"" j2/J Deed prepared by: ~~/){G.. ~/ ,?:";P'~((2I\ William C. Goggins, Esq. NOTARY PUBLIC-- 11775 Main Road Mattituck, New York 11952 DONNA M. pALMER NotIlY NlIlc, Stall 01 New Yodt No. 01PA5069878 QuaIlled In SUIIoIk County J /f?;')J GammIIeIon Expires December g~ LEGAL DESCRIPTION THAT PORTION OF VILLAGE AVENUE LYING BETWEEN LOT 1, BLOCK 10 AND LOT 11, BLOCK 11, ALL AS SHOWN ON THE PLAT OF SOUTH CREEK VILLAGE, RECORDED IN PLAT BOOK 3 AT PAGE 85 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. ;;,: -1 / .I ( EXHIBIT D dl . . jJJc; Aqueduct Authorrty I!'j"'~ ,,/' Florida Keys J. Robert Dean Ct-.alfTnar Key West Thomas R. McDcnalO Vice-Chairman Tavernier Post Olfice Box 1239 1100 Kennedv Dnve Key West. Floncla 33041-1239 _ Telephone (3051 296-2454 .,-~~cj"'~_' '~.. C"\.:~~. ".. &;I:'~' ~ d" Thomas ~~b, - ,,' . 1423 Butternut Sl. Syracuse, NY 13208 Fred Shaw Secretary- Treasurer Big Pine Albert 0, Appell Duck Key September 29, 1999 Linda B. Wheeler Key West err John T. Daughtry Executive Director RE: Abandon a ponion of Village Ave., between Lot I, Blk. 10 & Lot ) I, Blk. II, South Creek Village Subdivision, Key Largo, FL Dear Mr. Keifer: The FKAA Board of Directors approved at 1~ September 15, ) 999 meeting, the above referenced project. .', .i / .J Pursuant to your request for the abandonment of the above-reference property, Staff has researched your request and have no objection to the abandonment since this is a small dead end street that has no FKAA facilities or need for ~hem and customers are served off Sound Drive off a 6" C-900 PVC line. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUcr AUTHORITY Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Bob Feldman, General Counsel Jim Reynolds, Deputy Executive Director. Arlyn Higley, Director of Maintenance Dept. Monroe County Building Depanment E~h;J/T s ~.. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. - FKEC 91605::. ERSEAS HIGHWAY P.O. BOX 377. TAVERNIER. FL 3~:- :.0377 PHONE (305) 852.2431 FAX 13051852.':-':': 08 April 1999 Mr. Thomas Kiefer 1423 Butternut Street Syracuse, NY 13208 RE: ROAD ABANDONMENT Adjoining Propeny at 326 Sound Drive Key Largo, FL Oear Mr. Kiefer: j / I In response to your letter of 0 1 April 1999 reqJsting the road abandonment at the above location, Florida Keys Electric Coopetative has no objeciions to the abandonment. ,/ ~ Sincerely, .=--- t~ /~ / . ~.r~ fL~ Tom Roebling Staking Technician '! Approved By John M. Burch. D' TR:nn pc: J.Burch C.Russell File D:\DA T A\WP61\ENG\TMR99007.L TR @ BELLSOUTH 8ellSouth Telecommunintions. Inc. 305222-8220 9101 S.W. 24 Street Miami. Florida 33165 4-11-00 File #240.0900 Elvera Warwick, et al 8201 E. Harry St, Unit 1101 Wichita, KS 67207 Re: Right of way abandonment Village Ave between lot 11, block 11 and lot 1 and 2 of block 10, of South Creek Village SubdiviSion, Key Largo, Florida, Monroe County. Dear Ms. Warwick, ) Bellsouth has no objection to the above ~ferenced right of way abandonment. If you have any questions concerning th~ matter I can be reached at 305-453- 9864. J' Sincerely, ~g~T Specialist ,/ -: ("'F -- 1~..:':' ,)~:?: I F.'.1 ..E....L.."4P.:;('57:;:(l..' 1 :. (, -:: :~: '5 :: :. .l ..;. I) P.OI .~----- Wt"e eakin, etlerls(on 1.1CO eomorrow. ..~ Tel Cablevision of Florida. Ir.e. ~1r. -nlornas Klefa ! ~23 Buttenllll SlIcet S::racLJ~e, NY I :no~ KE: Road Abandollflll"nt Tel Cablevision has no ohject:un [tl yow? request for Road Abandonment at \'illage A venue, South Creek Vil!:1~e .i~ey Largo, LN 1. Block 10 :lnd Lot : : , B k)c k 1 I. f If you need any additional mform:Hi(lll f\r have any questions. ~,'ou c:m call ~~ at 305 852-1277. .J " S:ncerc\y, 9AJ (JJ~~, Jerry Vv'a\;munJ ?~Jnt !v1anager .041<0 C or:JY :SC\JI By rYJ}1 ) L- tf-/S' - 99 Department of Environmental Protection ~ Jeb Bush Governor Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee. Florida 32399-3000 David B Struhs Secreor)' May 13. 1999 Ms. Elvera M. Warwick 820 I East Harry. Unil 110 I Wichita. Kansas 67207 Dear Ms. Warwick: The Division of Stale Lands, as agenl for the Board of Trustees of the Intemallmprovement Trust Fund. has no objection to the abandonment of Village A venue as proposed in your letter of February 23. 1999. This letter applies only to the Board of Trustees' ownership at the end of Village Avenue. We are unable to comment on behalf of any utility companies or the owners of Lot II. Block II. Please call me at (850).188-2291 if you have any questions regarding the state lands. ..- Sincerely, \ '?&-~ ~..\ r.~ . \.l'-c.<.\ Tracy Peters, Senior Acquisition Review Agenl Bureau of Public Land Administration TPI EXHIBIT F "P~otea. Conserve and Manage F;orida's Envlrc,ment and Natliral Resources" Pnnr~a on r~C)'C~ ~, THOM^5 KIEFER, DM D 1423 6lJTTERNUT 5TREET 5YlW:USE. NY 1320f> PHONE: 3154741711 FM: 315 4744f>1f> Enu.l: denti!JteDconcentnc.net August 30, 1999 Elvera M. Warwick 8201 East Hany St. Unit 1101 Wichita, KS 67207 Dear Elvira: As the sole owner and resident of the property next to you to the east (326 Sound Drive), I am writing to inform you that I have no problem with the easement that you propose. Furthermore, abandonment of this dead end will permit us to be responsible and maintain the lot which will also benefit the community. If I can be of any other service, do not hesitate to contact me by phone or mail. ~~F+/~ @OUTH GR POST OFFICE BOX 2426 November 29,1999 Vera Warwick 8201 East Harry Unit 1101 WIChita. KS 67207 Dear Ms Warwick: EEK v, L,. L A GE R 5 . XNC. KEY LARGO. FLORIDA The Associalion sent out its most recent newsletter (SC Voice-No. '99) with a request 10 an South Creek Village Homeowners and Residents. consideration of your intention,to request purchase of the Village Rd right of way, adjacent to your property. from Monroe County. There were no comments sent to the Board before the requested deadline of November 23. 1999. Althe Board meeting of the same date. the motion to execute this lelter with no obiectioos to your request was motioned by Betty Harvard, Seconded by Sandra Stephenson, and passed with the majority. let us know if we can be of any further assistance in your purchase efforts. Sincerely, ~ Harry M. Ward SecretaryfTreasurer HOMEOWNERS ASSOCIATION CC: Barbara Winkler Dieter Kombert . 0, O~~y ~2t!~E /3(5) 294-4641 (- -, ...-...- FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63'd SI., Ocean, Sle. 160 Marathon, FL 33050 (305) 289-60 I 0 (305) 289-6013 FAX . INTEROFFICE MEMORANDUM DATE: May I I, 2000 TO: FROM: J.G. "Joe" London, Fire Marsh SUBJECT: BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District I MA YOR Shirley Freeman, District 3 MA YOR PRO TEM George Neugent, District 2 Mary Kay Reich, District 5 Nora WilJiams, District 4 Jig'@.!&, ;- Al4l' -2 G <>000 1) ROAD ABANDONMENT INSP N: End of Village Ave., Between Blk I II, Lots I, So. Creek Village subdivision WarwicklKendalIlKiefer, property owners.. The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. This office has no objection to the abandonment. If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office. cc: William D. Surina, Assistant Fire Marshal Arthur "Wally" Romero, Assistant Fire Marshal VillageA vSoCrkVillKL/RoadAbdnlmw7.0 MONROE COUNTY FIRE MARSHAL'S OmCE '. Memorandum )D)~cg~TIW~~ &\ JUN 0 9 2000 Date: 06/08/00 To: Dave Koppel From: J.R. Gorentz (Engineering>{~ RE: Road Abandonment Petition - Village Avenue, South Creek Village, Key Largo Reviewed the materials received from the County Attorney's Office on the abandonment. Researched the documents in our office and find no reason to contest the request. Adjacent property owners, utility companies and the South Creek Villagers are in favor of the abandonment, therefore I recommend we abandon the road to the adjacent property owners as requested. 11) f~r- Ft~ ;; J z;,JfI- j) ~/f\ Ml~~/ o'i-. ~~ &.~.j}> MEMORANDUM ru~~~rrWF~) L~\ MAY 3 1 2000 J TO: Suzanne Hutton, Assistant County Attorney THROUGH: K. Marlene Conaway, Director of Planning FROM: Warren E. Mallett, Sr. Planning Technician DA TE: May 17,2000 Subject: Request from Elvera M. Warwick, Kathleen M. Warwick, Laura E. Kendall and Thomas Kiefer for a Road Abandonment between Lot 1, Block 10 and Lot 11, Block 11 of South Creek Village, Key Largo, FL, MM 103. Elvera M. Warwick, Kathleen M Warwfck, Laura E. Kendall, co-owners of Lot 1, Block 10 of South Creek Village, and Thomas KIefer, owner of lot 11, Block 11 of South Creek Village have requested the abandonment of the southern portion of Village Ave. betWeen Lot 1, Block 10, and Lot 11, Block 11 of South Creek Village, Key Largo,.FL, at approximate MM 103. The entire South Creek Village subdivision is zoned Improved Subdivision (masonry) (lS-M). There is a single family residence on Lot 1, Block 10, and a single family residence on Lot 11, Block 11. Roadway Description The roadbed which is the subject of the request for abandonment was originally platted as the southern end of Village Ave. as shown in Plat Book 3, Page 85, of the Public Records of Monroe County. There is no evidence of-any paving on the property, and the property is completely covered with vegetation. Use of the Road There is no current use of this portion of Village Avenue. Development Potential There is no development potential for the property. 004~8190.000000 00468460.000000 Page 1 013 Warwick Road AbandolVnent Shoreline Access The portion of Village Ave. being proposed for abandonment does not terminate on open water. Staff Review A review of the records and an on site inspection of the property revealed the following: 1. The original platted roadbed shows no signs of ever having been completed. The entire property is covered with grass and trees. 2. The Florida Department of Environmental Protection is the only other adjacent property owner and has provided a letter to the applicant stating that they have no objections to the' abandonment of Village Av~.,ue, which ends on the northern border of Pennekamp' Park. ' 3. The applicants have received letters of concurrency from the Florida Keys Aqueduct Authority, BellSouth, the Florida Keys Electric Cooperative Association and TCI Cablevision of Florida. No easements are anticipated in the proposed abandonment area from any utility. 4. The applicant has stated that the roadbed is serving no one except the owners of th.e property on either side. Conclusion Staff recommends APPROVAL of the request by Elvera M. Warwick, Kathleen M. Warwick, Laura E. Kendall and Thomas Kiefer for a road abandonment of a portion of Village Ave. based on the following: 1. The road proposed for abandonment serves only the applicants. Therefore, the request for abandonment meets the requirements as outlined in the Monroe County Code Section 16-1. 2. The road does not terminate on a body of water. and is consistent with goal 213 of the Monroe County Year 2010 Comprehensive Plan. 3. Based on the application and supporting documentation. the abandonment will not impair the distribution of utilities in the neighboring area. cc: Ed Koconis. AICP. Development Review Senior Administrator