Item H7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May21,2014 Division: Growth Manawe ment
Bulk Item: Yes X No — Department: Planning& Environmental Resources
Staff Contact Person/Phone #: Christine Iurlev- Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
Approval of a resolution setting the time and place of July 16, 2014, 3:00 p.m. at the Harvey
Government Center in Key West for a public hearing to consider a request for the abandonment of a
portion of the right-of-way of Peninsular Avenue on Stock Island that is located between Blocks 46
and 60 in Maloney Subdivision (Plat Book 1, Page 55).
ITEM BACKGROUND:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular, as described
above and shown on the attached boundary survey, in order to improve access to and from a
nonresidential development on Block 60, commonly known as Oceanside Marina.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes — No N/A
1-6
SOURCE OF FUNDS: N/A
AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty OMB/Purchasing _Risk Management
DOCUMENTATION: Included X
Not Required_
DISPOSITION: AGENDA ITEM #
Petitioner: Oceanside Investors, LLC
MONROE COUNTY, FLORIDA
RESOLUTION NO. -1
A RESOLUTION SETTING THE DATE, TIME, AND
PLACE FOR. A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF THE WESTERN
PORTION OF THE RIGHT -OF- WAY OF PENINSULAR
AVENUE, BOUNDED ON THE NORTH BY LOTS 30, 31
THE WEST 'l2 OF LOT 32 IN BLOCK 46 OF MALONEY
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 1 PAGE 55 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; BOUNDED
ON THE WEST BY A PLATTED SHORELINE OF
MALONEY SUBDIVISION, ACCORDING ING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 1 PAGE 55 OF
THE PUBLIC; RECORDS OF MONROE COUNTY, FLORIDA;
AND BOUNDED ON THE SOUTH BY LOTS 1 AND 2 IN
BLOCK. 60 OF MALONEY SUBDIVISION, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1
PAGE 55 OF THE PUBLIC RECORDS OF 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 streets,
alley -ways, roads or highways,
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
after publishing due notice of said hearing in accordance with said Chapter, now, therefore,
E IT RESOLVED BY THE BOARDF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on July 16, 2014,
at 3:00 P.M. at the Harvey Government Center at Historic Truman School, 1200 Truman
Avenue, Key West, Florida, to determine whether or not the Board will renounce and disclaim
y 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:
"Peninsular Avenue, lying between Block 46 and 60, South of dots 30, 31 & the West Y2 of
.Lot 3.2, in Square 46, according toMaloney's subdivision of a part cif Stock Island, Monroe
County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County,
Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 ofsaid plat, thence West along the North
Right-of-way line of Peninsular Ave. for a distance of 175. 00feet to the Southeast corner of the
said West Y2ofLot 32, and the Point of Beginning; thence continue West along the said North
Right-of-way line g(Peninsular Ave. for a distance of 195. 00feet, more or less to the platted
shoreline per Maloney's subdivision; thence S 18'26'06" W along the platted shoreline for a
distance of 63.64feet to the South Right-of-way line ofPeninvular Ave.; thence East along the
said South Right-of-way line of Peninsular Ave., for a distance of215, 00 feet more or less to the
Southerly extension of the East line of the said West YZ of Lot 32; thence forth for a distance of
60. 00feet to the said North Right-of-way line of Peninsular Ave. and the Point of beginning.
Containing 12,3 00. 00 square feet, more or less. "
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of the Board held on the 2 1 " day of May 2014.
Mayor Sylvia Murphy
Mayor pro teen Danny L. Kolhage
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner David Rice
M9
Mayor Sylvia Murphy
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
mm
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MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
To: The Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: May 5, 2014
Subject: A public hearing to consider approval of resolution renouncing and disclaiming
any right of the County and the public in and to a portion of the right-of-way of
Peninsular Avenue on Stock Island that is located between Block 46 (Lots 30, 31
and westerly '/_� of 32) and Block 60 (Lots 1 and 2) in Maloney Subdivision (Plat
Book 1, Page 55) (File 42014-054)
Meeting: May 21, 2014 (Request to Advertise) / July 16, 2014 (Public Hearing)
I REQUEST:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular
Avenue in order to improve access to and from a development on Block 60, commonly
known as Oceanside Marina. The petition involves the segment of Peninsular Avenue that is
west of the Peninsular Avenue and Maloney Avenue intersection.
Affected Properties (outlined in blue) / Proposed Abandonment (outlined/hatched in red)
Page 1 of 6 (File #2014-054) (Aerial dated 2012)
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Applicant/Petitioners:
Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
Property Owner: Oceanside Investors LLC (Real Estate (RE) #00 127420.000000)
11 REVIEW OF APPLICATION:
The road abandonment petition was submitted by one of the only two property owners that
are considered affected by the Monroe County Code (MCC).
Only four parcels are contiguous to the improved section of the subject road segment:
The portion of the right-of-way to be abandoned is bordered by the land associated with
Block 46 to the north (developed with a nonresidential building formerly used by the Hickory
House restaurant), a harbor to the west, and the land associated with Block 60 to the south
(developed with a mixed use marina commonly known as Oceanside Marina).
The applicant, the property owner of Oceanside Marina, has requested abandonment in order
to improve access to and from their nonresidential development.
This petition has been reviewed by County staff and utilities and documents of no objection
were received by the following:
• Monroe County Engineering Department (pending)
• Monroe County Code Compliance Department (pending)
• Monroe County Office of the Fire Marshal (pending)
• Monroe County Sheriffs Office (pending)
• AT&T (pending)
• Florida Keys Aqueduct Authority (pending)
• Keys Energy Services (letter dated May 1, 2014)
• KW Resort Utilities, Corp. (letter dated April 25, 2014; however additional
documentation is required as the utility requested an easement)
• Co cast (pending)
The aforementioned received documents are attached to this report.
The BOCC has to the authority to grant sbandomnents of dedicated and accepted rights -of -
way under jurisdiction of the County in accordance with MCC §19-1. MCC §19-1,
Abandonment of rights -of -way, provides the following provisions and criterion for granting
2 abandonments.
3
4 (a) No dedicated and accepted right-of-way in the county shall be abandoned where.-
6 (1) The right-of-way terminates on a body of open water,- or
7
8 The portion of the right-of-way to be abandoned is bordered by land associated with
9 Block 46 to the north (developed with a nonresidential building formerly used by the
10 Hickory House restaurant), a harbor to the west, and land associated with Block 60 to
11 the south (developed with a mixed use marina commonly known as Oceanside
12 Marina).
13
14 Water is defined in MCC § 10 1 - 1: water or community water means all water on or
15 beneath the surface of the ground, including the water in any watercourse, water body
16 or wetland. Open water is not defined in the MCC.
17
18
The use of the adjective "open" prior to water in this provision is presumably
19
intended to limit the type of restricted body of water in which a right-of-way
20
terminates to a body which is open without restriction. Therefore, although the
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defined to of water expressly includes wetlands, the undefined to of open water
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does not necessarily include wetlands which may have attributes that restrict open
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access.
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According to a boundary survey submitted with the application, the improved section
26
of the segment to be abandoned terminates in wetlands vegetated with mangroves.
27
The unimproved section of the segment to be abandoned terminates in water;
28
however this inaccessible segment may not be natural open water as this area has
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been dredged in the past. The plat (platted in 1910, recorded in 1911) shows the
30
roadway beyond the mangrove community to the west, but it was drawn prior to
31
existing improvements in the area. The current mean high water line is situated prior
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to the mangroves to the east.
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As defined in MCC § 10 1 - 1, mangrove community means a wetland plant association
35
subject to tidal influence where the vegetation is dominated by one more of the
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following three species of mangroves: 1) Avicennia germitiatis (Black mangrove), 2)
37
Lag uncularia racurnoss, (White mangrove), 3) Rhizophora mangle (Red mangrove).
38
39
Note: Due to a) current regulations severely restricting the removal of mangroves and
40
the filling of wetland/submerged land and b) the lack of necessity to extend the
41
improved roadway her to the west, the unimproved section of the of the segment
42
of Peninsular Avenue that is currently wetland and/or submerged land will not be
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developed in the future unless there is a dramatic change in regulations and
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site/community conditions.
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1 Staff finds that the improved section of the right-of-way does not terminate on a body
2 of open water.
3
4 (2) The right-of-way provides access to the public to land on open water,- or
5
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7 According to a boundary survey submitted with the application, the improved section
8 of the segment to be abandoned terminates in wetlands vegetated with mangroves.
9
10 Staff finds that the right-of-way does not provide access to the public to land on open
11 water.
12
13 (3) The abandonment would preclude a way for the public to maintain access to the
14 water.,
15
16 According to a boundary survey submitted with the application, the improved section
17 of the segment to be abandoned terminates in wetlands vegetated with mangroves.
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19 Staff finds that the abandonment would not preclude a way for the public to maintain
20 access to the water.
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22 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
23 agreement to do so by all affected property owners. For purposes of this subsection, an
24 affected property owner is the owner of property which, if the right-of-way is abandoned,
25 wilk
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27 There are only two affected property owners, Oceanside Investors LLB and Monroe
28 County. Oceanside Investors LLC is the applicant. If the BOCC opts to approve this
29 application, the approval shall also constitute the required agreement by the County as an
30 affected property owner to carry out the abandonment.
31
32 (1) Have access that is currently used by that property owner eliminated;
33
34 Only one of the affected properties (owned by Monroe County) meets this criterion.
35
36 The two existing access drives to/from the Oceanside Investors LLC property are
37 located to the east of the segment to be abandoned. Therefore, access that is currently
38 used would not be eliminated.
39
40 The existing access drive to/from the Monroe County property occurs along the
41 segment to be abandoned. However as Monroe County would acquire the portion of
42 the right-of-way north of the centerline, the access that is currently used would not be
43 terminated.
44
45 (2) Have the only platted access eliminated-
46
Page 4 of 6 (File #2013-150)
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Only one of the affected properties (owned by Monroe County) meets this criterion.
The two existing access drives to/from the Oceanside Investors LLC property are
located along the platted Peninsular Avenue roadway. However, one of the access
drives is situated due south of the platted Maloney Avenue's southern terminal point
(the Maloney Avenue/Peninsular Avenue intersection). Access at this point
technically occurs from both Maloney Avenue and Peninsular Avenue.
The existing access drive to/from the Monroe County property occurs along the
segment to be abandoned. However as Monroe County would acquire the portion of
the right-of-way north of the centerline, the access that is currently used would not be
eliminated.
(3) Have the paved area adjacent to that property increased for turn -around purposes, -
or
Both affected property owners meet this criterion. For the purpose of allowi
vehicular traffic to turn around, a turnaround with an appropriate design will
required by the Office of the Fire Marshal and the Public Works Division. I
(4) Be increased in size.
Both affected property owners meet this criterion, as both affected properties would
be increased in size as a result of the abandonment.
(c) A road may be abandoned only at the terminal portion of the road and in its full width
unless the abandonment will comply with the County Code requirements for road, turn-
around, and fire -rescue access and one of following circumstances exists:
(1) An adjacent lot owner has on the platted right-of-way or within a setback a
substantial structure which predates the Special Session Law 59-1578 pertaining to
maps, plats and right-of-way. The term "substantial structure" specifically does not
include wood or metal fences, sheds or tiki huts or other items not listed which are
accessory structures.
For the purpose of allowing vehicular traffic to turn around, a turnaround with an
appropriate design will be required by the Office of the Fire Marshal and the Public
Works Division.
(2) The abandonment is requested by a county department or governmental ageneyfor a
public purpose.
The abandonment is requested by private property owners, not by a County
department or governmental agency.
Page 5 of 6 (File #2013-150)
I (d) The board of county commissioners considers these a restriction on the rights of
2 individuals who desire to abandon properties in accordance with F S § 336. 09.
4 Not applicable.
5
6 111 RECOMMENDATION:
7
8 Upon receipt of all required documentation, the Growth Management Division recommends
9 approval.
10
11 Remaining required documentation:
12 Revised Survey of roadway. At a minimum, survey should include a legal description
13 of the roadway; elevations; location and dimensions of all existing structures, paved
14 areas and utility structures; roadways and easements; and all bodies of water on the
15 site and adjacent to the site. The portion of the roadway to be abandoned should be
16 marked with diagonal lines and the petitioner's property should be clearly delineated.
17 Proposed Abandonment Legal Description and Survey
18 Document of no objection from the Monroe County Engineering Department
19 e Document of no objection from the Monroe County Code Compliance Department
20 a Document of no objection from the Monroe County Office of the Fire Marshal
21 9 Document of no objection from the Monroe County Sheriffs Office
22 9 Document of no objection from AT&T
23 e Document of no objection from the Florida Keys Aqueduct Authority
24 9 Document of no objection from Co oast
25 * Document of no objection from KW Resort Utilities, Corp. not requesting an
26 easement --or- addendum to April 25, 2014 document of no objection including an
27 agreed upon easement boundary
28 * If a cul-de-sac or "T-type" turnaround is required to be constructed, it will be the
29 responsibility of the Petitioner to do so, if the road to be abandoned will result in an
30 existing rock or paved road being shortened. The petition should specifically state
31 your agreement to construct either the cul-de-sac or "T-type" turnaround per County
32 Standard Specifications and Details.
33
34 IV EXHIBITS:
35
36 Attachment 1: Proposed Abandonment Legal Description and Survey
37 Attachment 2: Coordination documents
38 Attachment 3: Proposed Utility Easement Legal Description and Survey (pending)
Page 6 of 6 (File #2013-150)
KWRU
VIA, ]ZLECTROMC MAH,
Oceanside Investors, LLC.
Barton W. Smith, Esq.
5950 Peninsular Ave
Key Weet, FL 33040
RE: Abandonment of Peninsular Ave.
KMLHuQdkfiL1iaVeA.C%r
6630 Front Street
Key Went, FL 33040
305.295.3301
FAX 305.295.0143
www.kwru.com
MEMSM
Mr. Smith,
KV Resort Utilities has reviewed the Monroe County Property Appraiser"s map that shows the
proposed abandonment The Map was provided on April 23, 2014 to KWBU in an email from
Nick Batty, Esq., of your Ron and is attached to this document. The loop is dated 4/1/2014 and
it designates the proposed road abandonment perimeter in red. KW Resort Utilities Corp. does
'not object to the doeat of the proposed section of Peninsular provided that Oceanside
Investors LLB agrees, to repair, maintain, and replace the wastewater inlractracture, including
but not ]=red to, vacuum were, division valves, vacuum buffer ta* and service connections,
within the proposed ROW abandonment.
Christopher A. Johnson
President
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KWRUKIN FIESOA1, UYULIFILS
VIA ELECTRONIC MAIL
Barton W. Smith, Esq.
5950 Peninsular Ave
Key West, FL 33040
BE- Abandonment of Peninsular Ave.
I ]i iflo i
KW Resort Ut' es Cor
6630 Front Street
Key West, FL 33040
305.295.3301
FAX 305.295.0143
www.kwru.com
Mr. Smith,
KW Resort Utilities has reviewed the Monroe County Property Appraiser's map that shows the
proposed abandonment. The Map was provided on April 23, 2014 to KVrRU in an email from
Nick Batty, Esq., of your firm and is attached to this document, The Map is dated 4/1/2014 and
it designates the proposed road abandonment perimeter in red. KIN Resort Utilities Corp. does
not object to the abandonment of the proposed section of Peninsular, provided a reasonable
utility easement is reserved for KW` Resort Utilities sewer utilities across or adjacent to the
mom
Christopher A. Johnson
President
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(305) 295.1000
1001 James Sb+ed
Now PO Box B100
energy
Services Key We9t, FL 33040.6100
wwWXff sEfflW M
UTILITY BOARD OF THE CITY OF KEY WEST
May 1, 2014
Nick Batty, Esq.
SMITH OROPEZA, P.L.
138 —142 Simonton Street
Key West, FL 33040
RE: Road Abandonment — Peninsular Avenue, Stock Island
Dear Mr. Batty:
Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of
Peninsular Avenue in Stock island. KEYS has no objection to the proposed road abandonment
as long as one of the following is done:
➢ The customer may leave the pole in its current location and provide KEYS
with an easement for all existing utilities and vehicular access to the
proposed pole location and down guys.
D Pale #SK60-1-2A can be relocated at the owner's expense; with an estimated
cost of $16,000. Should the customer choose this option, the work can be
completed within 10 to 12 weeks after payment is received.
➢ If the above option is chosen, please coordinate with Comcast and AT&T to
ensure that their utilities can be relocated. If so, you must obtain the
proposed charges from them.
If you have any questions, please feel free to contact me at 305.295.1055.
Sincerely,
r// 1cow
Matthew Alfonso
Engineering Supervisor
Madhew.Alfon5Q@ff=EneW.com
MA/mpd
Copied via electronic mail:
Lynne Tejeda, General Manager & CEO
Jack Wetzler, Assistant General Manager & CFO
Dale Finigan, Director of Engineering & Control
David Price, Director of T&D
Alex Tejeda, Director of Customer Services
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File M., 2014,054
Owner's Name: Oceanside Investors LLC
ARRI]cant. Oceanside Investors LLC
K . Stock Island
IL
RE 00127420-000000
Additional Information added to File 2014,054
County of Monroe
Growth Management Division
norommental Resources
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Deu Applicant:
P"Ltd-QHRUS&MmigLum
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tom Danny L Kolhage, Dist. I
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
Date:
Time:
This is to acknowledge submittal of your application for
.....................
.................. . ....................................
Type of application
o
�L.. to the Monroe County Planning Department.
Project I Name
J."
....... - - - - --
Planning Staff
End of Additional File 2014-054
AITLICATION
MONROECOUNTY
MONROE CO- PLANNING DEPT
Road Abandonment Petition
An application must be deemed complete and In compliance with the Monroe County Code by the Staff
prior to the item being scheduled for review
Road Abandonment Application Fee: $1,533.00
In addition to the application fee, the followingfees also apply. -
Advertising Costs. $245.00
Date of Submittal: 04 25 / 2014
Month Day Year
Property Owner / Petitioner:
Oceanside Investors, LLC
Name
5640 Laurel Ave., Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
See Agent
Daytime Phone
See Agent
Agent (if applicable):
ff-'arton W. SM& Egg., Smith QLojnza, PL
Name
138-142 Simonton St., Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
01300-VIAFA
It . 11 , I I I t 6 a , . a
Email Address Email Address
FF.'escription of roadway to be abandoned:[,.-, r
ftoadway to be abandoned is-Fmt�end of Peninsular Avenue, South Stock
Esland. Road is approximately 184.8 feet long and approximately 50 feet wide.
Petitioners seek the abandonment for the following reasons:
Abandonment is sought to allow current road area to be subsumed into
Oceanside Investors adjacent parcel to facilitate development of
parcel-
7
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-27 — I — V
I '1"7777-
(If in metes and bounds, attach legal description on separate shed)
11111111111q1111 p�g!1�111111111111
Page I of 4
APPLICATION
Block LAX Subdivision Key (Island)
Real Some (RE) Number Alternate Key Number
Street Address (Show, City, State, Zip Code) Approximate Mile Marker
Present use of the roadway to be abandonesh.
Proposed use of the roadway to be abanstaresM
LLC's adjacent parcel
Total land areaof the roadway to be abandoned:
Development
Approximately 9,240 square feet of
Plenum provide all reasons for why the county should grant the road abandonment (if necessary, attach
additional sheets):
See attached legal memorandum s to justificationfor abandonment.
Moreover, abandonmt will optimize usef petitioner's property and provide
benefit to County by improvingiincluding increasing
property values ecru criminal tv t will prevent
errant traffic flow from disturbingy residential deves ant.
Monroe County Code Section 19 1 - Abandonment of rights-of-ovastates:
(a) No dedicated and accepted fight-OF-WaY in On county shall be abandoned where:
(1) the right-of-way terminates on a body of open water, or
(2) the right-of-way, provides access to the public to l ; or
(3) the abandonment would preclude a way for the public to maintain access to the water,
(b) In all other cases of abandonment no right-of-way shall be abandoned unless ere is an agreement to
o so by all affected property owners. For purposes of this subsection, an affected property owner is
the owner of property which, if the right-of-way is abandoned, will:
(1) Have access that is currently used by that property owner eliminated;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn -around purposes; or
() Be increased in size.
(o ) A road may be abandoned only at the terminal portion of the road and its its fall width tudens the
abandonment will comply with the County Code requirements for road, ea d, and fire -rescue
access and one of the following circumstances exists:
(1) An adjacent lot owner has on the platted right of way or within a setback a substantial
structure which predates the Special Session Law 59-1578 pertainingto maps, plats d right
of way. The to "substantial rep' specifically does not include wood or metal fences,
sheds or ti i huts or other items not listed which are accessory structures,
( ) rhe abandonment is requested by a County department or governmental agency for a public
purpose.
Page 2 of
Last Revised
APPLICATION
(d) The board of count commissioners considers these a. restriction on the fights of individuals who
desire to abandon properties in accordance with F.S. § 336.09.
I of the following st be submitted in order to have a completeapplication sub
(Please check as you attach each required item to the application)
Complete ad abandonment application (unaltered d unbound);
Correct(check or money order to Monroe County Planning & Envirsounental Resources);
Legal description of the portion of the roadway to be abandoned in metes and rands; . v
proof of ownership of the petitioner's property(s) (i.e. Warranty ); ......
Current Property Record Gard a) from the Monroe CountyAppraiser for thepetitioner's
pro x r
Location map (i.e. copy of strip map, aerial photograph); ......:'
phut pips) of the roadway to be abandoned;
Signed and Sealed Survey ay to be abandoned and all adjoining , prepared by a
Florida registered surveyor (At a minimum, survey should include a legal description of the
roadway; elevations; location and dimensions of all existing structures, paved s and utility structures;
roadways and easements;all bodies of water on the site and adjacent to the site. The portion of the
roadway to be abandonedshould be marked with diagonal lines and thepetitioner's property should be
clearly delineated);
Letters of u Objection" from all utility companies (FloridaKeys Aqueduct Authority (P )$
Florida keys Electric Cooperative IEFEQ or Keys Energy Services; telephone utility, gas utility, cable
utility, wastewater treatment authority, .);
13 Letters of n Objection" from all affected property o (an affected property owner is a) one who
would have a means of access to his or her property closed off as a result of the abandonment even though
he or she may not actually use the right-of-way prism to abandonment or ) one whose property abuts the
portion of the roadway to be abandoned);
IF A S E- TURNAROUND IS REQUIRED to be constructed, it will be the
responsibility of the Petitioner, if the road to be abandonedwill result in an existingor paved
being shornmed. See MonroeCounty Code §945 2 ). Your petition should specifically to your
agreement to construct either the cul-de-sac or T" turnaround per County Standard Specifications
Details, (Should you need additional information regarding this matter, please n the Monroe County
Engineering ep ent directly by phoning (3 ) 2 27),
If applicable, the following most be submitted er to have a complete application submittal:
Agent01 Notarized Authorization Letter (notes authorization is needed rn all owner(s) of the subject
property)
If deemed necessary to complete a full review of the application, the Planning . Environmental Resources
Department reserves the right to request additional information.
Petitioners agree to be responsible for and pay for all costs of advertising and recordingfees incurred relative to
this request for the abandonment. The filing of a petition does not entity one to abandonment.
Petitioners furthera 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
Page 3 of
Lasi Revised 0712010
APPLICATION
BOCC through its authorized agents. if easements am so required,pi f the executed documents will be
provided to the County before the petition is presented to the BOC"
Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the mad is not a
dedicated and accepted ri t may (including by operation of law due to construction r maintenance by the
County)+
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-referencedstreet, aye road or right-of-way as further
depleted and described In the attachments.
y signing below, l certify that l am familiar with the information contained in this application, and that to the
best of my knowledge such information is true, complete accurate.
Signature of Applicant:Date-
Sesorn
XRIS, July t 2014
TfVU assay
E
PublicNoun
y Commission Expires
please send the completepli ° n package to the Monroe CountyPlanning Sy Environmental Resources
Department, thou Government Centers 2798 Overseas Highway, Suite 400, Marathon, pl, 33050.
Page 4 of
I hereby authorize n Smith Esc. be listed as authorized agents
f t)
for side lqySggrsJL& for the application submittal for
(Name of Property Owner(s) the ppli t($))
Property described as fit; ion 35 Township fiZ South, Range
Key (island): St ltd d
and Deal Estate number: IL4 0
I XA 0-0
Is 4
11UM29:419440
MMMIZE20
OI70�0
I70�000
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
The undersigned d ds the liabilities involved in the granting of this agency and accepts full responsibility
(thus holding Monroe County less) for any and all of the actions of the agent named, related to the
acquisition of approvaWperrnits for the aforementioned applicant.
Note® Authorization is needed from each owner of the subject property. Therefore, one or more authorization
fierms must be submitted with the application if there am multiple owners,
Property s)
Barton W. Smith, Esq. SMITH I OROPEZA, P.L.
Managing Fanner I
2�r:fory S. Oropeza, Esq 138-142 Simonton Street
Key West, Florida 3.3040
Telephone: (305" 296-7227
Facsimile -. (305) 2.96-8448
VIA HAND DFLIVIUMV,
Christine Hurley
Growth Management Director
Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Re: Peninsular Avenue Road
Patrick Flanigan, Esq,
Richard McChesney, Esq.
I have completed a thorough historical review of the Peninsular Avenue portion of
Stock Island and the requirements of Monroe County Code ("Code"), as part of an effort
to provide background data regarding the ability of Monroe County to abandon the West
end of Peninsular Avenue (the "Road"). It is my opinion that Monroe County may
permissibly undertake an abandonment of the Western terminating portion of the Road
upon agreement of the neighboring properties, Oceanside Investors, LLC ("Or side"")
and M-onme County, as owner of the Hickory House ("Hickory House"). The following
memorandum outlines the legal and factual grounds underlying Monroe County's ability
to abandon the Road under the Code and the Monroe County Comprehensive Plan
C'Comp. Plan").
1. Factual Background
The following facts are relevant to the abandonment of the Western terminating
portion of the Road:
l° Peninsular Avenue was platted in 1910 d recorded in the Public Records of
Monroe County, FloridaPlat Book 1 Page 55.
2. At the time of its platting, Oceanside Marina did not exist and the area was not
3° The Hickory House was built sometime prior to 1945.
4, During the 1960s, Oceanside Marina was developed as a world class luxury
marina. When it was developed, the land immediately North of Oceanside
Marina was dredged into a boat basin providing ats access to the Hickory
House and OceansideMarina's Northern Seawall.
5, When Oceanside Marina was developed, the developer dredged a portion of the
right-of-way of Peninsular Avenue for use as a boat basin, Both Hickory House
e
d Oceanside installed piers for the mooring of vessels. Photos depicting the
piers are attached hereto, As can be ascertained, the Hickory House had two
piers, one in the center of the Hickory House property and one located on just
inside its Southern property line boundary. The Fred Hildebrandt survey dated
February 2, 1997 depicts the location of the old destroyed dock.
6. Since Oceanside Marina's development in the 1960s, a thick, mature red
mangrove community has grovyn at the termination of Peninsular Avenue
blocking all public access to the boat basics. I have included a benthic survey
confirming their existence which is also depicted on the Hildebrandt survey.
7. On June 13, 2013, my client, Oceanside, purchased the property adjacent to the
right-of-way proposed to be abandoned. My client agrees to create any
turnaround required by County Code.
2
H. Determinations PrecludingAbandonment
Monroety Cade is drafted in such a manner that unless specifically
proscribed by a provision of the Code, the County may abandon any right-of-way °thin
the County subject to certain requirements, Section 19-1(a) of the Code outlines the
circumstances under which the County may not abandon a right-of-way. Section 1 1(a)
states as follows;
Sec. 1 -1 Abandonment of rights way
(a) No dedicatedaccepted right-of-way in the county
shall be abandonedwhere:
(1) The right-of-way terminates n a body of open water; or
(2) The right-of-way provides access to the public to land
can open water; or
(3) The abandonment would preclude a way for the public
to maintain access to the water,
In order to determine whether the Road may lawfully be abandonedder Section
1 -1(a), it is necessary to undertakeanalysis of the terms of the provision. Under
Section 19- 1 of the Code, Public rights -of -way are defined to include;
[Ljand that is dedicated or deed to (or is now used or will
be d y) the county as a road, street, alley, walkway,
drainage facility, access for ingress and egress, or for Queer
purposes, including those rights -of -way within
municipalities that by virtue of bilateral agreements
between the municipality and the county are subject to the
jurisdiction control of the county engineering
department; and those state secondary roads for which
maintenance has been assigned to and accepted by the
county. Until such time as the board of county
commissioners accepts ownership and responsibility for the
maintenance of a right-of-way, it shall not be considered
part of the public rights -of -way ., ,except in such cases
where the title to such ri to way was vested in the
county prior to June 11, 19 3,
I have included historic photos of the Hickory House road evidencing its
existence since at least 1945, The road was originally an extension of State Road 4(A)
which was subsequently conveyed to Monroe County. Because the Road has existed
since prior to June 11, 1963, and has been owned by the County and is owned by Monroe
County, the Road is considered a public-right-ofssay>
1. Section 194(a)(1)
The next inquiry that must be undertaken to determine if the Road may lawfully
be abandoned is whether the Road terminates on a body of open water pursuant to the
proscription in Code Section 194(a)(1). Significam to understanding Code Section 19-
l(a)(1) is the inclusion of Code Section 19-1(aX2) which provides that no dedicated
right-of-way may be abandoned where it "provides seem to the public to land on open
water". By including part 2 of 19- 1 (a) which specifically addresses a road that terminates
at land before open water, it requires part I of 19-1 (a) to only apply to a road that
terminates directly at open water. Title determination requires a two -prong analysis to
determine whether (1) the Road terminates and (2) if the Road does terminate, whether it
terminates in a body of open water. As discussed previously, it is clear the road
terminates. As to the second prong, the Road terminates not at the water, but on land. I
have included Florida Department of Transportation ("FDOT") historical photographs
from 1959, 1971 and 1985. 1 have also included photographs from the Key West library
beginning in 1876 with the initial survey of the Surveyor General's Office, and including
depictions of the road in the 1940s. The photographic evidence indicates that when
.19
Oceanside marina was constructed, fill lengthened the end point of the road creating a
substantial strip of land between the end of the Road and water.
It should be noted that in order to meet the criteria of Section 19-1 (a)(1) or 19-
1 (a)(2), and thus be ineligible for abandonment under the Code, the Road must terminate
not just at a body of water, but at a body of open water, The inclusion of the unmodified
to "water" in Section 19(a)(3) belies the Code's intent that "open water" not constitute
any body of water, but be used as a specific tenn.
2. Section 19-1(a)(2)
This distinction is crucial in appraising whether the Road provides access to the
public to land on open water, and thus satisfies the requirements of Section 19-1(a)(2)
and is not eligible for abandonment, The Road does not provide access to land on open
water. Other than being defined in the Monroe County Comprehensive Plan for limited
purposes not applicable here, the County has not defined "'Open Water," While it is
difficult to determine the definition of "Open Water, it is much simpler to determine the
proper classification of the area of water accessed by the land adjacent to the Road, In the
case of Lwiplons,Plus, Inc. v. Hobdy, 650 So. 2d 213 (Fla. 3d DCA 1995), the Third
District Court of Appeal undertook to determine the definition of a "boat basin" in
interpreting restrictions in a recorded plat. Id. at 214. The Court found that the to was
unambiguous, and represented an "enclosed or partly enclosed water area wherein boats
are docked or moored." Id. Pictures prior to the dredging of the North boat basin and after
the dredging of the boat basin, which was undertaken in approximately 1962, are
attached. As clearly evidenced by the photographs, prior to Oceanside's development the
basin did not provide boat access and the area in question was dredged as a matimade
boat basin for the mooring d docking f vessels in order to provide access to open
water via a dredged channel. The water accessed by the strip of land adjacent to the
Road
is properly terined a "boat basin," s it is partly enclosed and houses docked boats. In
fact, any other use by any person at the tip of Peninsular Avenue would interfere with the
historic by Oceanside and its riparian rights.
Additionally, d even if the boat basin were considered to be ripen water, the
Road does not provide access to the public to land on open water, As can clearly be seer
in the photos and survey, the land at the terminus of the Road dries not directly abut any
water, but rather abuts a significant mangrove community. The County defines a
mangreve community as a wetland d l t association subject to tidal influence where the
vegetation is dominated by black, white or red mangroves. Here, it is blocked by red
mangrovesm Pursuant to Code Section 118, Mangroves are a separate and distinct term
from wetlands and submerged lands. The latter, submerged lands, would be inclusive of
y body of water, The Cn ty's Section 118 governing shorelines and shoreline
setbacks deems such mangroves to be interchange zone between land and water,
Under no circumstances can rives be deemed water.
Moreover, the Comp. Plan requires the definitions of "the terms 'altered
shoreline' and 'unaltered shoreline" to recognize the following general features of h;
1 „ altered shorelines are generally located directly along dredged canals, basins
d channelsand/or have been filled or vertically bulkheaded to such a degree
that the original natural slope landward of the water is no longer present.
2, unaltered shorelines are generally located along natural non dredged
waterways and open water and have a sloping profile typical of the original
natural l conditions of the shoreline even though fill or riprap may be present"
Comp. Plan Policy 212.2.2
C
The rum. Plan makes it clear that open water is associatedwith unaltered
shorelines which have a sloping profile typical with the original natural conditions. Here,
the shoreline has clearly been altered and does not provide a natural shoreline, but
immediately claps to a depth of greater than feet at mean high tide.
3. Section 1 1()(3)
Finally, the determination whether the road fails within the bounds of Section 1
l(a)(3) is thus precluded from abandonment, follows the analysis of Section 1 -
1(a)( ), above, As can clearly be seen in the historic photos and survey, the abandonment
of the Road would not preclude a way for the public to maintain access to the water,
because the land between the Road and the water does not provide access to the water,
d only to a thick, fully mature red mangrove community. This interpretation is
supported y County Ste s recommendation of approval of Resolution No. 387-2013,
for abandonment of a right-of-way located on Pompano Drive, Key Largo. In the Staff
Recommendations, it is noted that abandonment would preclude a way for the public
to maintain access to water, although currently vegetation is blocking the access." The
vegetation in Key Largo was not mangroves, but was non-native invasive species which
could be removed was de mininus in size compared to the mangrove community
located jaeent to Peninsular Avenues Consequently, the County Commission approved
the abandonment in Key Largo based on the determination that the County had not
maintained access and allowed vegetation to make access difficult. Based on the
Co ty's prior determination and action in Key Largo, the area does not meet the
preclusion of Code Section 19 1(a)(3)m
7
In. Conclusion
As established above, the Road does not meet any of the requirements of Sec. 19-
1(a), and abandonment by the County is thus permissible under the Code. I would
therefore request the County's determination that the right-of-way may be abandoned.
Sincerely,
Barton . Smith, Esq.
I
3
--
E22
F
FA-
c
NN
t .
MONROE GO, PLANNING DEFT
BENTMC RESOURCES SURVEY
r
Survey of Benthic Resources
North Marina Area and Sea Waifs of the Marina
The following underwater survey was conducted by the undersigned on December 26,
2013. The Survey is divided into two sections — the north marina area and the sea walls
of the marina. A 40' bottom construction zone is included along all sea wall surveys.
Separate maps are included for the detail needed due to the large scale of the project.
This report includes a site description, methodology, observed species list, conclusions, a
coral assessment with NOAA reports, mapping, and photos.
Site Deserlution:
The subject location is a dredged basin bottom area and seawalls surrounding the basin
on the Atlantic Ocean side of Stock Island in the Florida Keys — Monroe County. The
shoreline is armored with concrete king pile and panel sea wall construction. Plans are to
replace and upgrade the walls. There are approximately 1,241 linear feet of sea wall
existing on the property. The upland shore is barren of significant vegetation except for a
cluster of Red Mangroves in the SE corner of the north marina basin. The upland area of
the property is developed with a mold -family residential condominium.
The water depth along the sea wall range from 8 feet to 23 That and the bottom of the
basin is barren mud with sparse and occasional macro algae vegetation at a maximum
density of 5%. The 40' bottom zone waterward of the wafts is predominantly barren of
any aquatic vegetation and is soft silt and mud.
2
The north marina area is a small commercial oriented mooring facility with four floating
docks connected to the concrete sea walls. The southeast corner has Red Mangroves
growing in the shallower water depth near shore. A shallow area is present just off -shore
but it is generally deep water with 10 to 12 feet new the sea wall and deeper going
waterward to the north and west. There is a deep dredged channel providing boat access
to the marina from the Ocean to the south.
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Surya N thodolog►:
The underwater assessment and benthic resource survey was conducted on a calm and
sunny day to extend visibility to the maximum. The tide was ebbing at near low tide. A
linear crossing grid was swum in two directions covering the basin bottom 100 feet from
shore (sea wall) at the north marina and 40 feet waterward from the sea walls in the main
basin area — fuel dock. The sea wall was carefully inspected ti+om the water line to the
bottom interface for density and type of benthos cover. Emphasis was given to any coral
colonies that may have encrusted on the walls. Vegetation and benthos were identified,
measured and mapped. The mooring area for the vessel using the lift and dock terminus
was also swum and mapped. Snorkel gear was used for the survey. The area affected by
the walkway was swum in one line centered where it is proposed. The bottom benthos in
the 40 foot wide zone was identified by species and density noted in percentage of cover.
Any notable or remarkable resources outside of the footprint were noted on the Benthic
Map. The visibility underwater during the survey was 13 feet in all directions. GPS
coordinates were taken of any coral colonies encountered, photographed and the wall
marked in blue paint as to the location. Coordinates were taken in decimal minutes using
NAD 93 datum. All density or cover classification estimates of bottom or wall
vegetation reference the ocular estimation techniques established in (Fonseca et. al. I "S,
Nudds,1977). Benthic community classifications and definitions used in this Survey are
based on Florida Administrative Code 62-312.410(1 Xa) and also "Benthic Habitats ofthe
Marlda Keys Atlas" by the FWCC tit FKNMS. Coral assessments of all hard surfaces at
the site were conducted. The coral colonies present were measured in centimeters and
looted on the Benthic Survey Map attached Coral colony data is reported using NOAA
protocol and included in this Survey (See Attached).
Staeeies of Sneeial Attendon:
'there are no threatened or endangered species of sea grass or oilier benthos observed in
this survey. Sea grass species are protected by the State of Florida and there is only one
such species found growing on the basin bottom of the north marina site. Shoal Grass is
located in a shallow rocky area of the north marina basin in a patch 4' by 6' in size and at
a density of 10•A bottom cover. There are no other species of sea grass found. Stony
coral is present in two locations on the sea wall and on concrete bags found stacked in the
southeast comer ofthe main marina basin (see map above). At the mouth of two
concrete flow pipes along the wall, titers are stony coral colonies encrusted on the pipes.
These pipes are near but out of any re -construction planning. All coral species found in
the Survey are the Lesser Starlet Coral (Siderastrea radians). There h no evidence of the
threatened species - Aaropora spp. of stony coral.
Aescriation of Bottom Substrate:
The substrate ofthe basin bottom is bard base limestone rock covered with a deep layer
of mud, organic silt, and fill gravel that has migrated into the water from erosion. Where
the bed rock has remained or been exposed in shallower water, the macro algae and in
one area — light sea grass is present. The mud bottom 40 feet waterward from the sea
walls is predominantly barren of aquatic vegetation.
M
u
Dominant $enthos at the Sites:
The basin bottom area 40' out fiom the sea wall are generally barren but in some areas
there is up to 5% macro algae with a lack of species diversity. The water is deep and
light is minimal to sustain the vegetation. The principal vegetation is the algae species of
Penicillus spp., and Halimeda lncrasata4ww. Bataphora oeratea& is the dominant alga
on the face of the sea walls. The north marina facility basin has predominantly alga
species of BaAWhora oerstead f, PeniciAus spp., and Halimeda incmwa/tuna ChonaWa
litloralfs and Laurenefa poitel are intermingled. There is a small 4' by 6' patch of the sea
grass Shoal Grass (Halodule wrightll) at 10% density cover in three to four feet of water.
'Ibis is the only area of noted sea grass in the entire basin survey area. See the Benthic
Map for density of the bottom vegetation and grass. There are no species of stony or sots
coral present in the marina area or on the sea walls north of the east basin wall of the
main marina area (Fueling Dock, North Wall.
(The white Head Tamed seen in photos is I sq. and used for Density % estimates.}
Macro Algae 10% on East Wall — Typical (Bataphora)
Flow Pipe GMl Colony Summery:
Basin flow culverts or pipes are placed at the entrance to two of the boat docks in the
main marina area. These concrete structures are approximately four feet in diameter and
they are encrusted with coral colonies at the mouth of two of the pipes (see map). The
colonies are all Siderastrea radians or the Lesser Starlet Coral and are only found a few
feet into the pipes on the ends. They are waterward of the sea walls approximately throe
feet and would be out of any sea wall re -construction activity. It is recommended that
plans be developed to protect the coral during any construction work in the future. The
reporting for these is separate from the coral found on the walls and represent the
numbers and suutbece area measured for colony protection only.
Sea Wall Coral Colony Summery:
Two Siderastrea radians colonies are found on the east sea wall in 3 feet of water below
MLW line. These measure 18cm and 8cm respectively and are mapped above. The
colonies are unable to be relocated due to their thin and brittle morphology.
Reconstruction permitting of the sea wall would require mitigation for the impact. In
addition to these encrusted colonies on sea wall panels, there are concrete bags stacked at
the sea wall side of the out -flow culvert in the southeast comer of the main marina basin.
The flow pipe or culvert has no corals on it but the bags have nine (9) colonies scattered
on them that will need to be mitigated during re-constructlon activity. Since each bag is
capable of being removed from the site, it is recommended that these bags (4) be
removed and relocated by a trained coral handler to a similar location and orientation in
the water complex to rescue the corals. Refer to the reports attached to this Survey for
the size and surface area of the colonies. They are all of the species Skbrmstrea radians.
A total of l I coral colonies are found within the footprint of a future sea wall repair or re-
construction project. Nme ofthese could be relocated as a mitigation measure. There are
no soft corals located in the project footprint or the 40 foot water ward bottom zone.
TABLEA
Species List of Marmie Plants Observed at the North
Site and Sea Wall Survey
states Wntea
shoal Goes AW(04Wk
Dieseta Sara
Padica ear
Chandria Ufforafts
Lowenclapoftei
Spyrfifia Jopnoldes
Ewhewma IsUorm
TABLE B
Species List of Invertebrates, Fin Fish, and Cooleaterates Observed
Tunicates.-
Encrusting Social is l virida On see wall
Overgrowing Tunicates Diphsesmar app. sea Wall Only
FeatherVariegated Duster Bophis variegateall & Piles
Social Feather Duster Ica brunnea
Cniglarkulloo
Pale Anemone A passed lageher Marine
Upsidedown Jellyfish Casslopeafrondasa N Marina
Lister4 Jeognomon rashoes; % Walls
Atlantic g Oysterimbohms
g 9&
Fiat Tree Oyster Isagnsmon ahnus
49
Magnates
Posen g Bryo. Hippoporhas vervau Sea Walls
White Tangled rya Beace1whigia subschure;
Porifers It
prown Tube Sponge Aplas congava Sea Walls Surface
EncrustingRed g
BoringRed Sponge hase; deharis
Brown` ble Sponge AnsawSpeenoserious
Crustaceans:
Sessile €widener
Smooth Gooseneck l
Ped-ridged Clinging Crab J&Dvarforceps
Florida Spiny Lobster fortefirm argue
Fbg Fish and In g:
Intend SlIverside Menkfiai
Mangrove Snapper Lioness griwas
Interfidal Zone — WaHsWiles
MarinaN. Piles
N. Marina
,t ban of Sea Walls
Coral NOAA Reports & Inventory Tables and Land Data am Attached on next pages
Coral Reporting
Coral loventory.- Abundance and Sin Class Observed at Site
Blue Cim ( 1: 1
Sinecan'soa radeser 1 1 2
inventory:TABLE H
Coral
Size Chwo (cm): t -1
(Not Reowdau Am (Pw& Rebadco,is)
Total 2 Cond Commass not
recommended fity'relocation due to their sins and fragility.
Note:
Calculations of square centimetersformula f unless domes from
www.momlithic.com by David South Jr., Italy, TX
Coral
Inventory by Harry A. DeLadmont, Blosurrays, Inca /1
Coral Inventory: t Sfte
On Co at South End of E
Efugs alp ` 7
Note: Total of9 coral colonies an found withinill footprint on Concrate Bags
seacked one on the other and all am the Lesser Starlet Coral. All are encrusted to the cap
and are recommendad for relocationthe
Coral Inventory.- em
t
:AK
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Ownership DeWIB
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OCLANVOI OI SURPS LLC
On LAIAEL AVE
Kist sue, IL 1 a
Properly Details
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Property Search -- Monroe County Property Appraiser Page 1 of 15
Scott P. Russell, �FA
im
e Appraiser Key West (305) 292-3420
Property � pp Marathon (305) 289-2550
Monroe County, Florida Plantation Key (305) 852-
7130
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Alternate Key:1161624 Parcel ID: 00127420-000000
RRCR0CF'RRL0R ROVERTsemcnT
Ownership Details
Mailing Address:
OCEANSIDE INVESTORS LLC
5640 LAUREL AVE
KEY WEST, FL 33040-5915
Property Details
PC Code: 20 - AIRPORTS, MARINAS, BUS TERM
Millage Group: 110A
Affordable HoLml : No
Section-Townshlp- 35-67-25
Range:
Properly Location: 5950 PENINSULAR AVE SOUTH STOCK ISLAND
Legal Description: STOCK ISLAND MALONEY SUB PB1-55 LOTS 1-2-3 AND ADJ BAY BTM SQR 60 AND PT LTS 1-2-3
AND ADJ BAY BTM SQR 61 AND PT MALONEY AVE VACATED BCC 151-1974 AND FILLED BAY BTM
ADJ TO MALONEY AVE (.11AC) AND PT ADJ PARCEL MISC REC BK D-58159 OR333-58/59 OR509-440
OR514-92OR534-1961198 OR550-6951124710 OR690-313E OR739-246 OR930-119/137Crr OR930-
148/151 OR959-2354/2355 1126658 (3608-44) OR1278-2366/69 OR1619-384/386CERT/IIF OR2603-
2018/32 OR2634-572/83
Property Search -- Monroe County Property Appraiser
Click Map Image to open interactive viewer
-040ww
Land Details
Page 2 of 15
_ Land Use Code Frontage Depth Land Area
100W - COMMERCIAL WATERFRON 0 0 329,644.00 SF
9500 - SUBMERGED 0 0 6.73 AC
Building Summary
Number of Buildings: 6
L. . ir..,......,... M-,,..ea.,,. u „— Al )'%I')Ai A
Property Search a® Monroe County Property Appraiser Page 3 of 15
Number of Commercial Buildings. 6
Total Living Area. 45361
Year Built, 1969
Building I Details
Building Type
Condition A
Quality Grade 250
Effective Age 22
Fens eterT,42
Depreciation % 27
Year Built 1969
Special Arch 0
Brad Floor Area 1,240
Functional Ohs 0
Economic Ohs 0
Inclusions:
RoofType
Roof Cover
Foundation
flea
Heat 2
Bedrooms 0
Heat Sm I
Heat are 2
Extra Features;
2 Fix Bath
0
Vacuum 0
3 Fix Bath
0
Garbage Disposal 0
4 Fix Bath
0
Compactor 0
6 Fix Bath
0
Security 0
6 Fix Bath
0
intercom 0
7 Fix Both
0
Fireplaces 0
Extra Fix
8
Dishwasher 0
40M
OPF
-25F-T, as F7 13,
FLA OFF
775-117 1240-142 310-92
1?F1 I Fi, Ili FT 31 F.
40 fy is FT
Sections:
T
Wall 9 Stories
Year Built AtUc A/C Basement % Finished Basement %
Area
FLA
I �La
1
1982
1,240
rNbr!Ext
2 OPff
1
1982
310
3 OPF
1
1982
400
4 CAN
1
1982
775
w . - . .. 1 -1 - A /11 Mn I A
Property Search -- Monroe County Property Appraiser
M
Exterior Wall:
Interior Finish Nor
3284
r Finish Nor
7an -
A
r
A/C
10037
VACANT COMM
100
N
Y
10038
OFF
I Do
N
N
10039
OFF
100
N
N
10040
CAN
100
N
N
Building 2 Detalls
Building Type
Effective Age 22
Year Built 1970
Functional Ohs 0
inclusions:
Roof Type
Hag I
Heat Sm I
Extra Features,
0
Condition
Perimeter 4
Special Arch 0
Economic Ohs 01
N
Quality Grade 250
Depreciation % 27
grad Floor Area 9,704
vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
fireplaces 0
Dishwasher 0
Property Search ®- Monroe County Property Appraiser
Sectlons..
or Ty I
2
Interior Finish:
go
� 0
NW
% Area
8,520
1,184
10041 MARINA/AUTO/BUS TERM 100 N N
10042 SERA SHOPS ETC too N N
Building 3 Details
Building Type
Effective Age 14
Year Built 1969
Functional Ohs 0
Inclusions:
Roof Typo
Heat I
heat Srcl
Extra Features:
2 Fix Bath 0
condition A
Perimeter ko
Special Arch 0
Economic Boa 0
Roof over
Heat 2
Heat Src 2
w
Quality Grade 250
Depreciation % is
Brad Floor Area 30,000
Foundation
Snowshoes 0
Vacuum 0
11 "% t A111 MA I A
Property Search -- Monroe County Property Appraiser
3 Fix Beth
0
4 Fix Bath
0
5 Fix Bath
0
6 Fix Bath
0
7 Fix Both
0
Extra Fix
0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
Sections:
r Built
Type YIW�
AJ�Cq"�xmantld�,Flnh�rhed
il Arm�
emors"
ffxb��3
Eb�r �Exlftll �#Slorkxr
A 1982
1 E 1�
�Afflc
0.0 00
Interior Finish:
Exterior Wall:
rnLqh Nks,
F I
T
3286
METAL SIDING
too
Building 4 Details
Building Type
Condition A
Quality Grade 250
Effective Age 14
Perimeter 180
Depreciation %, 18
Year Built 1983
Special Arch 0
Gres Floor Area 988
Functional Ohs 0
Economic One 0
Inclusions:
Roof Type
Roof Cover
Foundation
Metal
Harry
Bari 0
C4 - .
A PYA Pro I A
Property Search -- Monroe County Property Appraiser
Heat Sre I
Heat Sm 2
Extra Featurmc
2 Fix Bath
0
Vacuum 0
3 Fix Bath
0
Garbage Disposal 0
4 Fix Bath
0
Compactor 0
6 Fix Bath
0
Securlor 0
6 Fix Bath
0
Intercom 0
7 Fix Bath
a
Fireplaces 0
Extra Fix
18
Dishwasher 0
bra �r'r4
RA our 111A
MTI 1"44
:0 FT a F7 M .21 M w r'V IsIrr
on 6a1 a rtytll
ExtedorWall,
Interior Finish Nor
EiET3287'E��
METAL SIDING 100
I 1 1 44 M ..0, - f.
A111111"11A
Property Search -- Monroe County Property Appraiser
Building 5 Details
Building Type
Effective Age 22
Year Built 1976
Functional be 0
Inclusions:
Roof Type
Heat I
Heat Sri I
Extra Features:
2 Fix Bath 0
3 Fix Bath 0
4 Fix Bath D
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 3
Condition A
Perimeter 60
Special Arch 0
Economic Ohs 0
Roof Cover
Heat 2
Heat Src 2
M
Sections.
br TypEWA11�1od�es Yeara�n
tA�lc JCAItamont'�993 Interior Finish:
Exterior Wall:
Quality Grade 260
Depreciation % 27
Brad Floor Area 225
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
Finished Basement % Area
225
Area Shoulder Ate
100 N N
A/'7'4/')O I A
Property Search -- Monroe County Property Appraiser Page 9 of 15
VDING 100
Building 6 Details
Building Type
ConditionE
Effective Age 12
Perimeter iirt
Year Built 1995
Special Arch 0
Functional Ohs 0
Economic Ohs 0
Inclusions,
RoofType
Rod Cover
Heat I
Heat 2
Heat Src I
Heat Sm 2
Extra Features,
2 Fix Bath
2
3 Fix Both
0
4 Fix Bath
0
6 Fix Bath
0
6 Fix Bath
0
7 Fix Bath
0
Extra Fix
12
Sections:
br 'T
Bar T
ExtWall #91wries
Ext Wall 11
YearBalft
year yea ad'
0 FLA
2003
0 FLA
=Sto,'"
1
2003
1 EUF
r2FLA
1
2003
1
2003
4 FLA
1
I
1995
1 995
Quality Grade 40D
Depreciation% 15
Grad Floor Area 3,204
Vacuum 0
Garteme Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
wr
Basement % Finished
Area
480
ISO
4,996
144
2,400
A PI I IOS IN I A
Property Search -- Monroe County Property Appraiser
6 OPX
2003
2,010
7 OUU
1 20032
54
8 OPX
1995
100
9 CUD
1 2003
50
MMMMEM
Em
Misc Improvement Details
Nbr
Type
I
UB2:U*nLITY BLDG
2
RKZ: BOAT RACKS
3
FT3:PATI0
4
DUCH LINK FENCE
6
PT3:PATI0
6
SM:SEAWALL
7
SVV2-.6EAWALL
8
DK3:CONCRETE DOCK
9
AP2:ASPHALT PAVING
10
UH2:UTILITY BLDG
11
RK2:BOAT RACKS
12
PT3:PATIO
13
CL2,.CH LINK FENCE
14
PT&PATIO
15
SW2.,SEAWALL
16
SW2:SEAWALL
17
DK3:CONCRETE DOCK
18
AP2-A6PHALT PAVING
19
UB2:UT[LrrY BLDG
20
FN2:FENCES
AS AVE WOOD SIDING 100
do
Life
225 SF
15
15
1979
1980
3
50
175 UT
0
0
1979
1980
1
30
5,060 SF
0
0
1976
1977
1
so
2,892 SF
482
6
1976
1977
2
30
1,276 SF
0
0
1976
1977
1
60
4,995 SIF
999
5
1999
2000
5
60
1,855 SF
371
5
1999
2000
5
60
8,418 SF
0
0
1976
1977
5
60
70,260 SF
0
0
1976
1977
2
25
225 SF
15
15
1979
1980
3
so
175 UT
0
0
1979
1980
1
30
5,060 SF
0
0
1976
1977
1
50
2,892 SF
482
6
1976
1977
2
30
1,276 oF
0
0
1976
1977
1
50
4,995 SF
999
5
1999
2000
5
60
1,855 SF
371
5
1999
2000
5
60
8,418 SF
0
0
1976
1977
5
60
70,250 SF
0
0
1976
1977
2
25
96 SF
12
8
1982
1983
3
so
360 SF
6
60
1993
1994
2
30
200 SF
10
20
1982
1983
3
50
10 LIT
0
0
1989
1990
1
30
1,330 SF
7
190
1993
1994
5
30
Property Search -- Monroe County Property Appraiser
24
CL2:CF1 LINK FENCE
3,120 SF
6
520
1993
1994
1
30
25
PT3:PATIO
1,240 SF
0
0
1994
1995
2
50
26
2.'WOOD DECK
564 SF
0
0
1994
1995
4
40
27
AC2:WALL AIR CONCI
2 UT
0
0
1994
1995
1
20
23
IND2-WOOD DECK
60 SF
12
5
1994
1995
1
40
29
AP2:ASPHALT PAVING
2,009 SF
0
0
1994
1995
1
25
30
PT&PATIO
400 SF
100
4
1993
1994
2
50
31
WD2:VaOOD DECK
400 SF
100
4
1983
1964
4
40
32
CB2:DET CABANA100
SF
10
10
1993
1994
3
60
33
UB2:UTILITY SLDG
72 SF
12
6
1969
1990
2
50
34
U 3:LC UTIL BLDG
40 SF
10
4
1969
1990
1
30
35
UB2:UTILITY BLDG
96 SF
12
6
1992
1993
3
50
36
UB2-.UTILITY BLDG
96 SF
12
6
1992
1993
3
50
37
FN2:FENCES
600 SF
so
10
1995
1996
5
30
38
FN2:FENES
600 SF
60
10
1995
low
5
30
39
FN2:FENCES
12 SF
16
12
1996
1999
5
30
40
SW2:SEAWALL
1,720 SF
430
4
1998
1999
1
60
Appraiser Notes
RE, 12361 AND 12746 COMBINED FOR ASSESSING PURPOSES 7
PER 66 24 SPLIT 541 SO FT ADJACENT TO BOAT SLIP 693 TO RE00127420w000925, 9102430; DONE FOR THE
014 TAX ROLL.
2004/l/6-BC-SUILDING, 7 AND THE LAND UNDER IT WAS SPLIT OUT AND CONVERTED INTO CONDO BOAT STORAGE.
(TO BE HANDELED BY ARLENE) THE OVERRIDE VALUE WAS REDUCED BY $644,924, OCEANSIDE MARINA 96 SF UE2
IS GUARD HSE BLDG. #1 n TACICLESFIOP ELDG, #2 = HIP'S STORE ELDG, 03 = BOAT STORAGE SL 4 = BATH
HOUSE INCOME DATA IN FILE CHANGED THE PC CODE FROM 27 TO 60 FOR HE Y2K TAX VALUE AND PICKIER HE 430
FEET OF RIPRAP. 001039 2000-12-29 REMOVED E .75 TO 1.00 FOR THE LAND ADJUSTMENT FOR THE BAY BOTTOM
FOR THE 2001 TASX ROLL. DUG 200215131 SS, TAR ACCOUNTS: L SEASON ANGLERS - 899101, BENNETT BRIAN-
9028196, BITTNER, DALE -953 241, BRIENI DAMES-8999629, CALCU A-962414 , CART" MICE 9395 7, CART PAUL
FIELWI-6943406, CARL P CHEY-6999255, CHARTER S 916127, CHEERIO CHARTERS-9000762, CLUB FRED-
8977640, COLE, WW8977024, CURRIE, M$ 70416, UEEI LOU 693761, END OF THE LINE-3 77090, FUNS -KER-
8961677, HIGHSEAS-9000135, HU H MOR AN-9000300, JACE GROUP-8943716, KEY LIMEY U RS 59706, Kof
YAK FISFII -8943771, Kof METAL SCUL N 92 6 4, LIGHTHOUSE IN 662912, LOGA4, RYON-8970468,
MANNETTI CHARTERS-8892004, MARKS MARINE DIESEL RPR-8796684, MS RITE 927931, MURRAY TT-
8929366, MYSTIC 1 DR -970534, ON THE FLY-6624623, PIERCE, THOMAS-8889780, QUICK RELIEF-8684584, REEL
TIME 943375, RUSTY FLY- 970642, S HORSE-9003162, SEA Y 14690, SECOND H CE 927912, S -
892799 , SIGNAL 20-9000762, SOUTHERNMOST SAILING-8629345, STRUTHERS, GENE- 001114, SUTA PROPERTIES-
92454, SUPER R PER-692 455, SUNDAYS ON THE SAY 977035, Tt1E Y-89494 9, THOMAS, RE -6 39349,
THUMMUS-8757061, TOMCAMP-8989784, TROPICAL DR M-8954694, WILD ABOUT DOLPHINS-8905246, WILLET
RIDE 19676, SOUTHPAWCHARTERS- 22256, MARINATECH IN-9022597, SUPER GROUPER 111-9028493 2/1412003
>0EU SLUG # 7, BOAT STORAGE. D.M.J.
Building1
Date Date
Number
Issued Comple
06106750 03115007
10106254 09/0 010
10104979 06119/2010
1310536 0 612013
13100535 0212812013
Amount Description
225,000
Commerdai
0
Cornrreman
0
Commeram
3,600
Commerc4al
10,000
Commercial
New Marina entrance
WIRE RANGE HOOD
POOL, SPA, FENCE,
TEMP OFFICE TRAILER
DEMO INTERIOR
4 A MI MA A
Property Search ®w Monroe County Property Appraiser
13100536 0212812013
3,500
Commercial
PLACE TEND OFFICE 8 A 40 FT
13102543
06/2712013
0
DEMO BATH HOUSE.
PERMIT APPROVAL TO INSALL VIDEO CAMERA'S FOR
13102?3?
07122i2013
4,635Commercial
SECURITY
1
94-0659
0610111994
03101/1995
200,000
Commercial
COMM.RESTAURANT
95-0276
0810111904
0310111995
500
Commercial
ENCLOSURE
94-1251
1010111994
1010111995
3,025
Commercial
BUILDING MISC.
4
961173
21119 6
06/1111999
25,000
Commercial
SEAWALL
5
991605
2311 9
0112012000
9,500
Commercial
COMMERCIAL ROOFING
6
0012271
05C412000
0110112001
25,000
Commercial
SEAWALL -REPAIR
7
01-2637
06124/2001
06/10/2002
3,000,000
Commercial
BCATSTORAGERUSG
6
01-2635
GM2412001
10/2002
3,000,000
Commercial
BOAT STORAGE BLDG
9
01-5372
0 4P2001
0611012002
3,000,000 Commercial
BOATSTORAGEBLDG
10
1114661
1 612001
12/29/2006
16,025
Commercial
SIDEWALK -REPLACE
11
0114
12/2112001
06/1012002
6,000
Commercial
Comm. MISC.
12
01/2635
08/2412001
12/2812007
3,000,000
Commercial
site upgrades
13
0211355
0510912002
1 912006
150,000
Commercial
EXPANSION OF REST.
14
02/1758
05M412002
06/1012002
72,000
Cow vial
DOCK
15
02-2525
07/12/2002
03/13/2003
150,000
Commercial
ADD TO RESTAt1 ,O,
17
01-2634
12119/20 1
12/2912006
30,000
Commercial
SLAB 1,466 SF
04-1601
05/2912
16 5
99,720
Commercial
ELECTRIC l EL EO
01102653
1212912006
0
Corronercial
new SFR
01102664
I2C912006
0
Commercial
now SFR
01102655
12/2912006
0
Commercial
now REG
01102
12/29/2006
0
Commercial
now SFR
01102 58
12/29/2006
0
Cam real
new SFR
01102 59
12129/2006
0
Commercial
new SFF
01102660
1212912006
0
Crommocial
new SFR
01102661
12/30/2003
0
Commercial
new SFR
01102657
12/30/2003
0
Commercial
new SFR
01102 42
1213012003
0
Commercial
new SFR
01102641
12/30/2003
0
Commercial
new SFR
01102640
12/30/2003
0
Commercial
new SFR
011063
12/30/2003
0
Commercial
new SFR
01102645
12/3012003
0
Commerdal
new SFR
01102643
1 12003
0
Commercial
new SFR
01102647
12/30/2003
0
Commercial
new SFRO
01102
12/30/2003
0
Commercial
-tow SFR
01102648
12/30/2003
0
Commercial
new SFR
01102649
1 12003
0
Commercial
new SFR
01102 50
12/30/2003
0
Commercial
now SFR
01102651
12/30/2003
0
Commercial
new SFR
01102652
1213 00
0
errs vial
n SFR
Q51f44135
06f05d200 s
1212912
5,000
�0� regal
�E�1C? t3R ALL TILE
a
A 1171 MA A
Property Search -- Monroe County Property Appraiser
05105320 0412812006 12128/2007 500,000 Commercial
06104082 03/1212007
07101892 05124/2007
07101628 06/05/2007
07102762 08/13/2007
07102478 07/26/2007
07103478 09/13/2007
12/2812007 10,000
Commercial
100,000
Commercial
12128/2007 16,ODO
Commercial
2,400
Commercial
01/16/2008 1,200
Commercial
57,000
Commercial
Parcel Value Histruy
Certified Roll Values,
INTERIOR RENOVATIONS FOR 1ST FLOOR,
CONCRETE SLAB, A ROOF
Install New Buffer Tank
DEMO METAL BUILD
Install Kitchen Hoods
Fire Suppression System
Propane Tank & Lines
Dock Improvements A Repairs
View Taxes for this Parcel -
Roll
Total Bldg
Total hiller;
Total Land
Total Just
Total Assessed
School
School nwak
Year
ValeVal
t Value
Value
2013
2,455,786
1,357,159
4,205,730
3.452,645
3,452,645
0
3,462,645
2012
2,488,395
1,392,190
4,205.730
3.452,645
3,452,645
0
3,452,645
2011
2,539,196
1,422,245
4,205,730
6,021,177
5,021,177
0
5,021,177
2010
2,539,196
1,447,289
7,743.188
5,579,085
5,579,085
0
5,579,085
2009
2,596,980
1,483,137
16,979,873
5,579,085
5,579,085
0
5,579,085
2008
2,621,437
1,613,693
9,096,673
6,95%384
6,950,384
0
6,960,384
2007
1,883,939
1,266,994
3,411,673
6,950,384
6,950,384
0
6,950,384
2006
1,895,088
1,059,408
3,032,673
1,820,647
1,620,647
0
1,620,647
2005
1 ,962,361
1,080,304
3,032,673
1,820,647
1,820,647
0
1,820,647
2004
1,952,327
1,099,609
1,349,150
1,820.647
1,820,647
0
1,820,647
2003
2,369,256
1,124,895
1,424,150
2,465,571
2,465,671
0
2,465,571
2002
1,799,332
1,145,824
1,469,650
2,465,571
2,465,571
0
2„465,5711
2001
1,799,332
1,165,097
998,970
2,465,571
2,465,571
0
2,465,571
2000
1,799,332
349,157
977,395
2,465,571
2,465,571
0
2,465,571
1"9
1,799,332
344,291
977,395
1,789,390
1,789,390
0
1,789,390
1998
1,202,121
352,626
977,395
1,356,646
1,366,546
0
11,356,546
1997
1,202,121
362,578
977,395
1,356,546
1,356,546
0
1,358,546
1996
1,064,467
359,012
977,395
1,356,546
1,356,546
0
1,356,546
1995
838,212
358,125
1,071,680
2,283,321
2,283,321
0
2,283,321
1994
642,465
357,609
1,071,680
2,283,321
2,283,321
0
2,283,321
1993
842,465
364,306
2,571,675
2,784,273
2,784,273
0
2.784,273
1992
842,465
373.619
1,550,161
2,766,245
2.766,245
0
2,766.246
1991
877,466
389,118
2,004,157
3,270,741
3,270,741
0
3,270,741
1990
877,466
401,995
1,634,815
3,635,223
3,635,223
0
3,6335,223
1989
877,466
417,492
1,634,815
3,535,223
3,635,223
0
3,635,223
1988
80000
334,434
1,634,815
3,E48,483
3,548,483
0
3,548,483
1987
779,565
344,152
1,636765
3,532,620
3,532,620
0
3,532,620
.1 -. --. A /)'A 11A 1 A
Property Search -- Monroe County Property Appraiser
1984
732,449
370,406
1,038,731
2,100,000
2"00.000
0
2,100,000
1983
715,242
217,002
1 ,038,731
2,030,395
2.0X395
0
2,030395
1982
693,530
195,738
912,721
1,801,989
1.801,989
0
1,801,989
Parcel Sales History
N Odo not genet�:�IOVV W) U` EAJI COMPLItet systern on ree rnms aftei the TE Salesa"y
date ofsale if a recent sale .Ioes not show up in this list please allow more Ira:the sale record lobe
processed, Thank you for your palience and understanding.
This page has been visited 155,479 times.
Monroe County Monroe County Property Appraiser
Scott P, Russell, CFA
P.O. Box 1176 Key West, FIL 33041-1176
Property Search -- Monroe County Property Appraiser
It --m A/111MIA
Test document was prepered by ! 76 t
and should be received : c STAJ
sar.am.or
ffi Avenue, Saba Has
Orleans, Fled& 1
SPECL46L WARRANTY DEED Owes 193
ATLASTHAT FL 11 Spy LLC, a Northtiny limited liability company(hereinafter
informal t for and in consideration of the seen of Ten and No/100Dollars
( 10a d other good and valuable consideration to it in hand paidy OCEANSIDE
INVESTORSri limited liability company e,
whose mailing addressis 1010 Kennedy Dr, Suite 302, KeyL 33040, the resmim
sufficiency of whichi ti 1 d upon and subject to the
exceprions, liens, c Items and provisionshereinafter
BARGAINED, SOLD and CONVEYED, and by Mm
BARGAIN, SELL and CONVEY, Base Grantee all of the real property situated in
County,Monroe Florida,herein and made a part hescof for all
purposes, together with all and singular the ri privileges, Nessenents, tenements,
herectitanscou and ices drawn or in anywise appertaining Season, and together with
l improvements located thereon and any right, title and Interest of Grantor in and to adjacent
le (said land, rights, benefits, privileges, sus tenements,
, iinprovemwb and interests in r reburied to as the
"Pwperw).
This conveyance is madc subject and subordinate to those camumbrances and exceptions
set form on e i hereto and made a part hemof for all purposes and all other
matters of record affecting the Property (colloctively, the "Permi")a
TO HAVE AND TO HOLD e Property, subject to die PermittedExceptions,
aforesaid, unto Grantee, its nes and assigns, f ter at °
Gmntx t, ex for ion e of deliveryof this Special
Wdwanty Deed, the Property is five from all encurnbeences made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular to German, its and
assigns,e lawfulc u of all persons claiming b, through or under
Grantor, but not odmwise.
y acceptance of this Special nary Deed. Grantee acknowledges and agrees that any
and 1 liability handurder of Grantor, its agents, representatives or employees, including the
Special of title hemin contained, shall be limited satisfied solel e
Gmtoes proceeds from the PropcM
y acceparace of this Special Warranty De4 Grantee assurnes payment of all real
property taxes on the Propmy for the year 2013subsequent y
MIRIMENUMM
IN scITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to
be cifixtive as of1 12013.
Siped, named and deliveredin the presence of ATLAS FL 11 SPE LLC, a North Carolina
the following witnesses: limited liability company
k m
By:
n
Prin
As x
THE u",--
T F
COUNTY
_
LL , a Northl i i 1i ili
r ti
t
to k, AMU
W o
None7 of
My Commission s
ORUXX'S 1 2
2013, by
ATLASof Fig 11 SP
liability m a
BAN 2MO37UP980 Dowl
EXHIBIT A TO SPECL4L WARRANTY DEED
THE LAND REFERRED TO HEREIN BELOW 5 SITUATEDIN THE COUNTYF MONRIDE,
FLORIDA,STATE OF I a
PART AY
UNITS No. 3@4, 3 , 3-9, 3-11 AND 3-12 IN OCEANSIDE EAST DRY STORAGE IN CONDOMINIUM,
ACCORDING TO E DECLARATIONN F, AS RECORDED
RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROECOUNTY, FLORIDA,
AND ANY
AMENDMENTS THERETO (THE -CONDOMINIUM P )•
TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS TO A LAUNCHING SrTF AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE FREUD RECORDS OF MONROE
EASEMENTSCOUNTY, FLORIDA, AND THE NON-EAGOO&C INGRESS, E, UTILITIES,
DRAINAGE, ENCROACHMENTS Ny PARTICULARLY DESCRIBED IN THAT
GRANT OF EASEMENTIN OFFICIAL RECORDS BOOK 1915, PAGE IOD, OF THE PUBLIC
RECORDS F MONROE COUNTY,
FUDRIDA-
THAT P"NON-CONDOMINIUM LAW) AS MORE PARTICULARLYe
UPLAND TERMINUSBOUNDARY ONE
DwAl 1
PAR 2 RA go $75
Dir EAST, A DISTANCE OF 10,17 FEET; THENCE SOUTH 65-59 42' EAST, A DISTANCE OF 13.7 ;
THENCE0 21' 21" EAST, A DISTANCE27., A
DISTANCE F46-24 FEET; THENCE NORTH
610 5V 32' EAST, A DISTANCE OF 35sTHENCE
6" EAST,A DISTANCE OF1g E T4" INEST,A DISTANCE
F 39.74 FEET, THENCE SOUTH 17 - WEGF, DISTANCE OF 50.37 FEET, THENCE SOUTH 010
31-11' INEST, A DISTANCE OF 6024 FEET; THENCE SOUTH 030 0W " EAST, A DISTANCE OF 56-98
FEM- THENCE SOUTH 010 17 35' WEST, A DISTANCE OF 67.9 240 27
A DISTANCE OF 20.05 FEET, THENCE NORTH 7(r OT r MET,ADISTANCE ,
, A DISTANCE OF 35.34 FEET, MST, A
DISTANCE F25.13 FEET, THENCE NORTH CIO ,A DISTANCE
NORTH 3W - ,A F17> F0"
�3,A DISTANCE
OF 26.68 FEET, THENCE NORTH 43* 1a , A DISTANCE OF 14.41 FEET, THENCE SOUTH 880
28 4,r MST, A DISTANCE24.75 71- , A DISTANCE OF 41,
80
FEET, THENCE SOUTH 890 2' , A DISTANCE OF 4177SOUTH 2- IW 1 '
WEST, A DISTANCE_ 711IT " WEST, A DISTANCE19.16 ,
THENCE SOUTH 790 39 41" WEST, A DISTANCE OF 26®35 FEET; THENCE SOUTH Ar 54Y 540 INEST, A
DISTANCE OF 32.20 FEET, 7 31" WEST, A DISTANCE
E OF 22.15 A
WEST, A F .73 FEET, THENCE SOUTH DISTANCE
OF 7.38 FEET, THENCE SOUTH 850 2 ` 560 VIM, A ONTANCE OF 43.08FEET; THENCE R 630
Ole WEST, A DISTANCE.1.1 1' Sr WEST, A DISTANCE OF 45.21
FEE0Y 1" S"T, A I 07" 1"
WEST�, A DISTANCE OF 64.34 FEM"THEM:E NORTH 8V OR 25ffi INEST, A DISTANCE OF 65.13 FEET,
THENCE NORTH ar 54Y 040 INEST, A DISTANCE OF 52.42 i F TERMINUS AND THE END
OF THE HEREIN DESCRILINE,
ON THE ISLAND OF STOCK BRAND, AND BEING LOT ONE (1), RLM SHUT( ) ACCORDING T
GEORGE L MCDONAUDS MAP OF LOTS ONE (1), INNO (2)r THREE (3), FIVE
(5} (} }� TTHREE (3}
OF
SECTION THIRTYSECTION
TWENly SIX (26), AND LOT ) SECTION THIRTY(34), TOWNSHIP SIM SEVEN (7)
SOUTH, RANGE TWENTy FIVE () EAST, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
A RECORDS.
EON
mmumliffiEumm
T•�
A PARCEL OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25
EAST, STOCK ISLAND, MONROE COUNTY, FLOODA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLCKX 60 OF THE PLAT OF STOCK GRAND
RECORDED IN PLAT S= 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY; FLDRIIVU THENCE
RUN WEST ALONG E NORTH LINE OF SAID LOT 1 AND THE WESTERLY ISMENSION THEREOF A
NORTHWESTDISTANCE OF 600 FEETTO THE CORNER OF A PARCEL OF SUBMERGEDE
SYTHE TRUSTEES OFTHEINTERNAL IMPROVEMENT FUND DEED NO. 19811, DATED JUNE 12, 19 1;
THENCEE WESTERLY LINE OF SAID PARCEL OF SUBMERGED
E TRUSTM, A DISTANCE OF 520 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL FOR THE
POINTN N F PARCEL OF SUBMERGED LAND HEREINAFTER DESCRIBED, THENCE
NUE SOUTH A DISTANCE OF 251.6 FEET, THENCEA DISTANCE OF
NORTH A DISTANCE F 251.6 FEETTO THE SOUTHEAST CORNER OF SAID PARCEL OF SUBMERGED
LAND CONVEYED BY E TRUSTEES OF THE INTERNAL IMPROVEMENT FUNDDEED NO. 1 11;
THENCE T ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 600 FEET, MORE OR LESS,
TO E POINT OF BEGINNING.
Em
P n
ON E ISLAND KNOWN AS STOCK BRAND AND DESCRIBED ACCORDING TO THE GEORGE
MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PACE 55, MONROE
FLORIDA AS FOLLOWS:
LOTS TWO () AND THREE {} IN BLOCK SOON OWL
ALSO
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK 04ANNELIN SECTION 36, TOWNSHIP 67 CRUM,
RANGE 25 EAST, MONROE COONTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNINGAT THE SOUTHEAST CORNER OF LOT 3, SQLM 60 OF PLAT 1, 2, 3,
SECTIONAND 6, 3 ; LOT 3, SECTION 2 ; LOT 2, SECTION 34, STOCK V , 67 SOUTH,
RANGE T BDW 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, RUN SOUTH 435.E i THENCE AT RIGHT ANGLES RUN AT
RIGHT ANGLES UN NORTH 435.6 E SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE
E MEN17ONED RAT;E SHORELINE TO AN EASTERLY DIREC11ON BACK TO
POINTTHE N.
mm
KNOWN
LOTS ONE (1) AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED
ImmilmoullEm
STRAITSLAND IN THE OF FLORIDA, SECTION 36, TOWNSHIP 67 SOUTH, RANGE 2S EAST, LOCATED
SOUTHERLY OF AND ADJACENT TO LOTS 1 AND 2,13LOCK 61, AND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SHORELINE OF STOCK ISLAND ADD THE WEST LINE OF SAID
Lar 1, BLOCK 61, AGEN0114 TO SAID PLAT OF STOCKISLAND; THENCE SOUTH ALONG THE WEST
LINE OF SAID LOT 1, BLOCK 61() A DISTANCE OF 43S FEET TO A POINT;A
POINTDISTANCE OF 200 FEET TO A IN THE EAST LINE OF SAID LOT 2, BLOCK 61{ E}j
THENCE NORTH ALONG THE EAST LINE OF LOT 2, BLOCK 61 { N ) A DISTANCE OF 47S FEET,
HUGE OR LESS TO A POINT IN THE SOUTHERLY SHORELINE OF STOCK ISLAND, THENCE WESTERLY
ALONG E MEANDERS OF SAID SOUTHERLY SHORELINE, A DISTANCE OF 21 , MORE ,
BACK TO E POINT OF
LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWNON PLAT OF SAID STOCK ISLANDE BY GEORGE
L MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
Em
THE PORTION OF MALONEYAVENUE LYING BETWEEN BLOCKS Go AND 61 OF GEORGE L. MCDONALDS
PLAT OF A PART OF STOCK BRAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC
RECORDS OF MONROE COUNTY,
A PARCEL OF FORMERLY SUBMERGED LAND IN NPPIK CHANNEL IN SEC77ON 35, TOWNSHIP 67 SOUTH,
RANGE 2 ROE COUNTY, RJORDA, AND MORE PARTICULARLY DESCRIBED FOLLOWS:
COMMENCEAT THE NORTHEAST CORNER OF &M 60 OF A PLAT OF STM ISLAND AS RECORDED
IN PLAT BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH
280 FEET TOTHE SOUTHEAST CORNER OF E SAID BLOCK 60 AND THE SHORELINE ACCORDING
E SAID PLAT OF STOCK IS" AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
'THENCENUE SOUTH 435.60A I APOINT;
THENCE NORTH 43m A I THE POINT OF
mm
A PARCEL OF LAND ON THE ISLAND KNOWN AS STOCK ISUkND, MONROE COUNTY', FLORIDA, MORE
PARTICULARLY DESCRIBED E FOLLOWING METES AND BOUNDS DESCRIPTION:
COMMENCEAT THE NORTHWEST CORNER OF LOT 2, OLM 60, ACCORDING TO GEORGE MCDDNALIYS
PLAT OF SAID STOCK BRAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 AND THE
EXTENSION OF SAID WEST LINE, 715.60 FEET TO THE POINTOF BEGINNING, THENCE CDNTINUE
SOUTH, 56.0 FEET, THENCE WEST 381.3 FEET, MORE OR LESS, TO THE WESTERLY FACE OF AN
CONCRETE Y AUDNG A LINEDEFLECTED 3 , 30 FEET,
MORE OR LESS; THENCE ALONG E MEAN HIGH WATER LINE THE FOLLOWING 15 : {NO
smimmmummm
Dean 193750
PRO 204 PAN ?
MISSING CALL OF EAST 376m e)
THENCE SM DEFLECTED FT 8/ 200 FEET, MORE OR LESS;
THENCE 270M DEFLECTED LEFT, 30.00 FEET, MORE OR
THENCE 0 DEFLECTED RIGHT, 18.5 FEET, MORE OR LEND
THENCE DEFLECTED LEFT,1 .0 FEET, MORE OR LESS;
THENCE 46650 DEFLECTED RIGHT,
THENCE ? OR
THENCE 279M DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS,
THENCE 64900 DEFLECTED RIGHT, 94.5 FEET, MORE OR
THENCE 47020 DEFLECTED RIGHT, 52.5 FEET, MORE OR LESS;
THENCE?0� 37.5
THENCE o1 3 4.5 FM MORE OR t
THENCE 72000 DEFLECTED LEFT, 40.0 FEEL MORE OR LESS;
THENCE 20 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS;
THENCE *10 DEFLECTED LFFT, 231.9 FEET, MORE OR LESS,
THENCE WEST, 378.80 FEET BACK TO THE POINTI
LESS (l; In
A PARCEL OF LAND LOCATED IN SECTION, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK GRAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY0 AS FOLLOWS:
COMMENCET THE NORTHEAST CORNER OF LOT 3, BLCXX 61, GEORGE MCDONALIVS PLAT OF A PART
OF STOCK ECLAND, INS TO THE FLAT THEREOFT BOOK 1, PAGE
IROEFLORIDA;1� A OF 26�
OF
E O
THENCEA DISTANCE OF 1 FEET; FOR ADISTANCE OF 339.68
FEET; THENCE WEST FOR A DISTANCE OF 67.20TO THE POINTITHENCE
APPROXIMATEMEANDER THE H WATER LINE E FOLLOWING TWENTY-TWO( )
SOUTHMETES AND BOUNDS, THENCE `05'14" WEST,A DISTANCE OF 50.44 FEET, THENCE SOUTH
030 1' Nr WEST,A DISTANCE OF 60-33 FEET, THENCE SOUTH 040 '5 EAST, ADISTANCE OF
108.26 E 0 27' " WEST, A DISTANCE OF 12144 FEIM THENCE SOUTH 570 3°
1 " WEST, A DISTANCE .74 FEET, THENCE"H 61019P 2 , A DISTANCE OF 44.77
FEET, THENCE NORTH 74- ST W WEST, A DISTANCE OF 14.27 1 '
THENCEEAST� 280 OF ISLES 21012, 0 -97
, A DISTANCE OF 0 ,A
DISTANCE OF 14.52 FEET, THENCE NORTH 4405 55' WEST,ADISTANCE 32-90 FEET, THENCE
NORTH 450 T8 A DISTANCE OF 12> 7* 32WEST, A DISTANCE
OF l 12'350 WEST, A DISTANCE OF 17.77 FEET, THENCE NORTH 230
MY " WEST,ADISTANCE OF 52.43 FEET, THENCET ' WEST,A DISTANCE OF7.15
FEET, THENCE NORTH 000 IV SAN EAST,ADISTANCE OF?,23 FEEL, THENCE SOUTH 790 AD "
WEST, A DISTANCE OF 63-72WEST, A DISTANCE OF 28.33
THENCE770 SO 51' WEST, A DISTANCE E R 4"
DISTANCE OF 41.75 FEET, THENCE LEAVING THE SAID MEAN HIGH WATERLINE FOR A DISTANCE OF
103.41 ; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE
12g DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE STD THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A
RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF " FOR A DISTANCE OF S0.27 FEET TO A
POINTOFT A DISTANCE OF 36.77 RA
DISTANCE OF 106.74 FEET TO THE POINTMOPING.
LESS E FOLLOWING PIERS:
1
BAN 2934 RAN 579
STOCKON BRAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONAUDST OF STOCK ISLAND AS RECORDEDI
PLAT BOOK 1 PAGE 55, E C RE { FLORIDA, AND E
SAID
p {
COMMENCEG DESCRIBED By METES AND BOUNDS AS FOULOWS:
AT THE POW OF INTERSECTION OFTHE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINEIALONG
AVENUE C1 THE SOUTHERLY EXITMON THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT,
THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING
DEBUGGER HEREIN; THENCE SOUTH FOR A DISTANCE OF 1POINT;
A F s5 A I 1, RA DISTANCE OF 5.17
FEETTO A POINT, THENCE SOUTH 860 49 Str WEST FOR A DISTANCE OF 33.50 g
THENCE NORTH 030 11@ F 119. I 0
DISTANCEs5 A POINT, THENCE SOUTH 030 11140r EAST FOR A
DISTANCE F 5.49 FEET TO A POINT;THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE
POINTOF BEGINNING.
ISLAND,ON STOCK MONROE DOOM FLORIDA, AND IS A PARCEL OF SUBMERGED 0 LYING
SOUTH OF RM { ACCORDING TO GEO MGANNALIYSF STOCK ISLAND AS RECORDEDI
PLAT B= { PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, OAS AND THE SAID
PARCEL KING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINTOF INTERSECTION OF THE CENTERLINE AVENUE
CENTERLINE OF PENINSULARAVENUE; THENCE SOUTH ALONG THE CENTERLINE
AVENUE AND THE SOUTHERLY OMMON THEREOF FOR A DISTANCE OF 290.23 FEET TO APOINT;
THENCE WEST 228.63 FEET TO A POINT, THENCE SOUTH FOR A DISTANCE OF 191.89 FEET TO THE
POINTF THE PARCEL OF LAND BEINGDESCRIBED HEREIN; THENCE CONTINUE
SOUTH FOR A DISTANCE OF 127 FEET TO A POINT, THENCE WEST FOR A DISTANCE OF 348.48 FEET
TO A 111R A DISTANCE OF 13.19 A POINT, THENCE
SOUTH 049' A DISTANCE OF4 A POINT, THENCE NORTH 03* 11 40' WEST
FOR A DISTANCE OF 16 FEET TA 20" WEST FORAC
FEETTO A POINT; THENCE NORTH 030 11® FOR A DISTANCE OF 125 FEET TO APOINT;
THENCEA DISTANCE OF 20 FEET TO A I E * 11'
WEST A DISTANCE OF 16 FEET TO A POINT; THENCE NORTH 860 4W 200 EAST A DISTANCE OF4
TO A 11'4W EAST FOR A DISTANCE OF 16.61 FEET TO APOINT:
EAST FOR A DISTANCE OF 355.66 FEET TO THE POINT OF INCURRING.
LESS E FOLLOWING PIER:
N STOCK ISLAND, MONROE COUNTY, FLORIDA AND IS A PARCEL OF SUBMERGED LAND LYING
T
SOUTH{ T S N
FLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROECOUNTY,
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCEAT THE POINTF INTERSECTION F THE CENTERLINE OF MALONEY AVENUE WnYl THE
CENTERLINEOF PENINSULAR A NE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEETTO A POINT,
Doan M75M
BAR 2934 PqN 560
THENCEf 228.63 FEET TO A I; THENCE SOUTH FOR A DISTANCE OF 416,POINT
OF BEGINNING OF THEPARCEL OF LAND BEING DESCRIBED % THENCE CONTINUE
A DISTANCE OF 97 FEET TOPOINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT,
NORTHTHENCE 030 11'4V VJEST FOR A DISTANCE OF !A FEET TO A POINT, THENaNORTH°
27 EAST FORA DISTANCE OF 38.34 FEET TO A POINT,` THENCE SOLrrH m° 111400 EAST FOR A
DISTANCE OF 20 FEET TO & POIND THENCE EAST FOR A DISTANCE OF] , E
POINTN
LESS E FOLLOWINGPARCEL:
to
„�
IMMMIMINEMMEM
ONO 1937NO
EXHIBIT B TO SPECIAL WARRANTY
EumigadiLcmz&m
I Rescivations containedin Deed from the TrusterTrustere of the Internal Improvement
Fund of the State of Florida,1 29, 160 in Back 190, Page 391. s
The right of entry has been releasedt to S270.1 1, ES.
2. State of Floridac of Administration, ivision of State Planning
Affidavit Regarding the Floridaof Critical State Concernrecorded
August 13,1976 in Book 669, Pap 43.
3. Easement granted to The Utility Board of the City of Key West, Floriday
instrwrient recorded March 19, 2002 in Book 1769, Page $63.
4° Grant of Non -Exclusive Easement granted to nsi a Development
Gorporation, s Florida corporation and Oceanside Residential Condominium
i°Inc.,Floridat for profit trecorded
March 1, in Book 11, Page 111.
5. Grant ofNon-Exclusive Imminent and Provider Agreement granted to Occanside
Developroust Corponstim s Floridansi Residential
Condominions Associefirse, Inc., s Flora notf ion by
instreament recorded March 19,2002 in Book 1769,Page 1i .
6° right, title or in t, if any, of the public to use as a public beach or
recreation s any part of the Land lyinge water abutting the Land
and the most inland o y o following: () �l lineo vegetation; )
e most high water mark; (c) the bulkhead line, or () any other line
which has been or whichlegally li to such
public use. Terms and conditions of any existing unrecorded le s), and all
rights of lossechd and any panicsclaiming through tha lessechd under the
liessids).
T, Rights of the United States Government to that part of the fixed, if any, being
artificially filled in land in what was formerlynavigable waters arising by reason
of the United States Goverranciatcontrol over navigable waters in the interest of
navigation °
S. Any adversecomership claim by the State of Florida by right of sovereignty to
Y part of the lAnd diet is, as of the Date of Policy or was at any time previously,
under water (submerged).
9. v i (s) in favor of the Trustom of the Internal Improvementof the
State of Floridacontained e Deed recorded November 1, 1964 in Book 325,
Pap 595, as to: a. 3/4 interest in l phosphate, 1 rights. b. If2
interest in all petroleum rights. c. Rights of explorationin conjunction with
o 1 10
Does
Sell MINOR sa
phosphate, mincral, metal author petrolcum rights have been released pursuant to
Floridahonest 270n11(2)a
10. Storm r Easement to the State of Floridafor the use and benefit of the State
Road Department of Florida recorded September 27, 1966 in Book 37, Page
103°
IL, Drainage Easement in favor of the State Road Department of Florida recorded
October 21, 1966 in Book 381, Page 225<
12m Reservation in favor o try of the Internal Improvement of the
State of Floridan in in the Dead recorded January 29, 1970 in Book 446,
Page 255, as to: s. 314 interest in all phosphate, , l rights , 1/2
in in 1 l rights. ° o exploration in conjunction with
phosphate, ° , metal or petrolemn rights have been released pursuant to
Florida270.11()a
13. Reservation in favor of the Trustees of the Internal Insprovement Fund of the
State of Floridan d in the Dad recorded March 2, 1973 in Book 534,
Page 199, as to: a. 3/4 interest in all phesphate, mincrat and metal rights. be 1
interest in all petroleum rights. ° Rights of exploration in conjunction with
phosphate, mineral, metal or petroleum rights have been released t to
Florida270,11()m
14. Easement in favor of the Utility Board of the City of Key WestJanuary
7, 1977 in Book 690, Page 313.
15m Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Floridain the Deed recorded December 6, 1995 in Book 959,
Pop 2354, as to: a. 3/4 interest in all phosphate,snip , and metal rights. b. 1
interest in all jectralcum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal or petsolaurn rights v roleased pursuant to
Florida7a11(2)a
16° Grant, of Non -Exclusive Access and Padft Easement Agreement in favor of
Oceanside Marina Condominium ion, Inc., as recorded July 1, 1997 in
Book 1464, Page 1517.
170 County Ordbume 10-77, providing for the annual levy on garbage and bush
collection tobe d upon this1 of land.
19. Grant of Easement ( 1, 2003 in Book 1915, Page
92.
1 a Grant of Easement Gainers, Egress, Utilities, , Encroachments
Maintenance) as recorded August 1, 2003 in Book 1915,Page 100.
ORLDOM 12955897 1 11
DoON 1
3
20. All the covenants,editions, restriction, carements, assesernents and possible
liens, terms and other provisions of Declaration of Condominium and Exhibits
thereto, recorded August 11, 2003 in Book 1918, Page 1967, Public Records of
Monore County, Florida, and as Rather amended, including, but not limited one
r more of the following: provisi s for private charges or an ; liens for
liquideard damages; and/or option, riAht of Best refirsal or prior approval
future purchaser r occupant NOTE: Devclopm Right of First°
tenninated in Book 2201, Page 1292 and in Book 2212, Pop 1604. (As to Condo
Parcels only)
21. County ResolutionNo. 265-2004, providing for the annual levy for wastewater
easementsJune 23, 2005 in Book 2126, Page 511.
2, Terms and conditionsPlanning Commission Resolution
m -07 recorded July 13, 2007 in Book 2308, Page 801
OPJJX)CS 129554971 12 ICE i1 y
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SURMEORE"S MORSO
re
Shad T
North arrow based on orginal Survey
1�52' g
Reference Bouring: R1W Peninsular Ave.
1L
a4 denotes 8*40619 0100000n
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Ef,rutions, based oil ALGVD. 1929 Datum
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Based back NO-' R-3,97 Elevation: "Ar
Food work performed on. 4124114
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MONROE CO, PLAIATN(;!�k
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�IFICAN�ON,
I HEREBY CERTIFY that the atto.h.dt
Batch Sugry whadian
knee leads W.f, th ( ;�= I Minimun
kne
P=Ho Avenue
own Ow�
c 0 e
is true and correct to the best of rn
true correct
y the �'dc Board of Land Surveyors, Chapter SJ-17,
lochrudal standards to' byI
Spedft PedledS &#vW Sw*g-
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14-233
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Floods Status Section 472.027, and a risen land Title Association, and that
0
deaths
asks IV-20'
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as ,
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there are no conew
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ISLAND SURVEYING INC.
FREDERICK H. HILDESIRANOT
Rr4MM ANDIOR ADOMONS
ENGINEERS PLANNERS SURVEYORS
Professional Land Surveyor No, 2749
Professional Engineer No, 361510
3152 Wardul" Now ON 293-04W
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