Item H04,
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: H.4
Agenda Item Summary #2415
BULK ITEM: DEPARTMENT:
Yes Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mayte Santamaria (305) 289-2500
n/a
AGENDA ITEM WORDING:
Approval of a resolution setting a public hearing for January 18,
2017, at the Marathon Government Center, Marathon to consider approval of a resolution
renouncing and disclaiming any right of the County and the public in and to a portion of the right-of-
way, at the SE corner of the intersection of Atlantic Circle Drive and Tavern Drive, in a part of
Government Lot 2, Section 34, Township 62 South, Range 38 East, on Tavernier Key, Monroe
County, Florida.
ITEM BACKGROUND:
The petitioner has requested abandonment of a portion of the right-of-way at the SE corner of the
intersection of Atlantic Circle Drive and Tavern Drive, in a part of Government Lot 2, Section 34,
Township 62 South, Range 38 East, on Tavernier Key, Monroe County, in order to utilize this
triangular portion of right-of-
effective use of the property.
4EGOIX4K
,
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
Adoption of a resolution setting a public hearing for January 18,
2017, at the Marathon Government Center, Marathon.
DOCUMENTATION:
2016-173_Tavernier-Resolution to set hearing
2016-173 ROW_Tavernier_Staff Report
2016-173 Application_ROW_Tavernier Properties
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
REVIEWED BY:
Mayte Santamaria Completed 11/23/2016 12:20 PM
Assistant County Administrator Christine Hurley Completed
11/28/2016 11:20 AM
Steve Williams Completed 11/29/2016 12:56 PM
Jaclyn Carnago Completed 11/29/2016 1:31 PM
Budget and Finance Skipped 11/21/2016 4:36 PM
4EGOIX4K
,
Maria Slavik Skipped 11/21/2016 4:36 PM
Mayte Santamaria Completed 11/29/2016 1:38 PM
Kathy Peters Completed 11/29/2016 3:01 PM
Board of County Commissioners Pending 12/14/2016 9:00 AM
4EGOIX4K
%XXEGLQIRX C8EZIVRMIV6IWSPYXMSRXSWIXLIEVMRK
8EZIVRMIV4VSTIVXMIW63;
%XXEGLQIRX C8EZIVRMIV6IWSPYXMSRXSWIXLIEVMRK
8EZIVRMIV4VSTIVXMIW63;
,F
1
2
MEMORANDUM
3
4Monroe County Planning & Environmental Resources Department
5We strive to be caring, professional,and fair
6
7To:Monroe County Board of CountyCommissioners
8
9From:MaytéSantamaria, Sr. Director of Planning & Environmental Resources
10
11Date:November20, 2016
12
13Subject:Apublic hearing to consider approval of a resolution renouncing and disclaiming
14any right of the County and the public in and to a portion of the right-of-wayat
15the SE corner of the intersection of Atlantic Circle Drive and Tavern Drive, on
16TavernierKey, Monroe County, Florida (File #2016-173)
17
BOCC Meeting:December 14, 2016(set public hearing)
18
January 18,2017(public hearing)
19
20
21
22REQUEST:
23Thepetitioners,Tavernier Hotel Holdings LLC,have requested abandonment of portion of the
24right-of-way at the SE corner of the intersection of Atlantic Circle Drive and Tavern Drive, on
25Tavernier Key, Monroe County, Florida.
26
27The applicantmade the request in orderto utilize theSE corner of the intersection of Atlantic
28Circle Drive and Tavern Drivefor existing development located at 91865 Overseas Hwy
29(Tavernier Inn and Moka Café).The petition requests a small triangular portion of the right-of-
30way at the intersection of Atlantic Circle Drive and Tavern Drive.The petitioner owns the parcel
31contiguous to the subject right of way.
Subject
ROW
32
Tavernier Hotel Holdings, LLC, ROW Abandonment PetitionFile # 2016-173Page 1of 5
4EGOIX4K
,F
1REVIEW OF APPLICATION:
2
3The right-of-way proposed for abandonment was established withinthe Tavernier 2 Plat which
4was recorded on August 15, 1929.
5
6
7
8
9The proposed abandoned portion is described as follows:
10
11“COMMENCE AT THE MOST NORTHEASTERLY CORNER OF LOT 37, BLOCK A OF
12"TAVERNIER 2" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
13PAGE 8 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN
14S48°14'14"E ALONG THE WEST RIGHT OF WAY OF ATLANTIC CIRCLE DRIVE, FOR A
15DISTANCE OF 58.16 FEET TO THE POINT OF BEGINNING OF THIS PORTION OF THE
16RIGHT OF WAY TO BE VACATED; THENCE CONTINUE S48°14'14"E ALONG THE
17EXTENDED LINE OF THE WEST RIGHT OF WAY OF THE ATLANTIC CIRCLE DRIVE, FOR
Tavernier Hotel Holdings, LLC, ROW Abandonment PetitionFile # 2016-173Page 2of 5
4EGOIX4K
,F
1ADISTANCE OF 16.85 FEET TO A POINT ON THE INTERSECTION OF THE SAID
2EXTENDEDWEST RIGHT OF WAY OF ATLANTIC CIRCLE DRIVE AND THE EXTENDED
3LINE OF THENORTHRIGHT OF WAY OF THE TAVERN DRIVE; THENCE RUN
4S42°39'22"W ALONG THESAID EXTENDED NORTH RIGHT OF WAY OF TAVERN DRIVE,
5FOR A DISTANCE OF 13.29FEET; THENCE RUN N09°38'36"W, FOR A DISTANCE OF
621.30 FEET TO THE POINT OFBEGINNING LYING AND BEING IN MONROE COUNTY,
7FLORIDACONTAINING 111.93 SQUARE FEET MORE OR LESS.”
8
9
10
Subject
ROW
11
Tavernier Hotel Holdings, LLC, ROW Abandonment PetitionFile # 2016-173Page 3of 5
4EGOIX4K
,F
1The petitioner hassubmitted a ROWabandonment petition in order to utilize the SE corner of
2the intersection of Atlantic Circle Drive and Tavern Drive for existing developmentlocated at
391865 Overseas Hwy (Tavernier Inn and Moka Café).
4
5County staff has reviewed this petitionand written recommendations of no objection were
6received fromthe following private utilities and County departments:
7
8Florida Keys Electric Cooperative, letter dated October 12, 2016
9Florida Keys Aqueduct Authority, letter datedOctober 31, 2016
10AT &T, letter dated October 19, 2016
11Comcast, letter dated September 30, 2016
12Monroe County Engineering Services, letter datedOctober 25, 2016
13Monroe County Fire Marshal, letter dated October 5, 2015
14Monroe County Code Compliance,memo dated October 6, 2016 (there is a code
15complaint regarding a wooden fence needing repairs and/or maintenance)
16Monroe County Sheriff’s Office,letter dated October 13,2016
17
18Monroe County Code Section 19-1-Abandonment of rights-of-way states:
19
20(a)No dedicated and accepted right-of-way in the county shall be abandoned where:
21(1)the right-of-way terminates on a body of open water; or
The platted, undeveloped right-of-way does not terminate on a
22
body of open water.The triangular portion of right-of-wayis
23
contiguous the petitioner’s property.
24
25(2)the right-of-way provides access to the public to land on open water; or
The platted, undeveloped right-of-right does not provide access to
26
the public to land on open water.
27
28(3)the abandonment would preclude a way for the public to maintain access to
29the water.
The abandonment would not preclude a way for the public to
30
maintain access to wateras there is no public access to the water
31
through this right of way.
32
33
34(b)In all other cases of abandonment, no right-of-way shall be abandoned unless there is
35an agreement to do so by all affected property owners. For purposes of this
36subsection, an affected property owner is the owner of property which, if the right-of-
37way is abandoned, will:
38(1)Have access that is currently used by that property owner eliminated;
The requested abandonment is for triangular portion of right-of-
39
way is contiguous the petitioner’s propertyat the intersection of
40
Atlantic Circle Drive and Tavern Drive. All adjacent properties
41
will continue toutilizeAtlantic Circle Drive and Tavern Drive.
42
43(2)Have the only platted access eliminated;
The requested abandonment is or triangular portion of right-of-
44
way is contiguous the petitioner’s property, which is not used for
45
accessby other properties.
46
Tavernier Hotel Holdings, LLC, ROW Abandonment PetitionFile # 2016-173Page 4of 5
4EGOIX4K
,F
1(3)Have the paved area adjacent to that property increased for turn-around
2purposes; or
A T-turnaround is not requiredby Engineering Services.
3
4(4)Be increased in size.
The affected property will be increased in sizeby 111.93square
5
feet (0.0025acres);however,there is no objectionto this increase.
6
7
8(d)All right of way abandonments shall comply with the County Code and Standard
9Engineering requirements for road, turn-around and fire-rescue access. If required for
10safety purposes, as determined by either Fire Marshal or County Engineer, a
11dedicated turn-around area shall be shown on the submitted survey and shall be
12agreed to in writing and constructed with payment by the property owner(s)
13requesting abandonment.
No objections or conditions were given from Monroe County
14
Fire Marshalor Engineering Services.
15
16(e) A right of way may be abandoned only at the terminal portion of the road and in its
17full width unless one of the following applies;
181.An adjacent lot owner has on the platted right-of-way or within a setback a
19substantial structure which predates the Special Session Law 59-1578
20pertaining to maps, plats and right-of-way. The term "substantial structure"
21specifically does not include woodor metal fences, sheds or tiki huts or other
22items not listed which are accessory structures; or
232.The abandonment is requested by a County department or governmental agency
24for a public use; for purposes of this subsection public use is a public facility
25and/or public/private utility; or
263.The right of way area is unusual in size or shape and after abandonment the
27remaining right of way width will be the same on both sides of the
28abandonment as shown in Example 1.
The petition is for a unusual triangular sized portion of right-of-
29
waythat is less than 112 SF, which will not alter the sue nor
30
configuration of Atlantic Circle Drive and Tavern Drive.
31
32
33The requested abandonmentofatriangular portion of the right-of-way at the SE corner of the
34intersection ofAtlantic Circle Drive and Tavern Drive, on Tavernier Key, Monroe County, meets
35thecriteria cited aboveand is therefore suitable for abandonment.
36
:
37RECOMMENDATION
38
39Staff recommends approvalof the requested abandonment.
Tavernier Hotel Holdings, LLC, ROW Abandonment PetitionFile # 2016-173Page 5of 5
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
%XXEGLQIRX %TTPMGEXMSRC63;C8EZIVRMIV4VSTIVXMIW
8EZIVRMIV4VSTIVXMIW63;
,G
4EGOIX4K
,G
/EXL]6IIH
%VIE1EREKIV
EX
X*PSVMHE
XL
7; 7X
4EPQIXXS&E]*0
8
3GXSFIV
(YWXMR.EGOWSR
4VMQI+VSYT
7LIVMHER7XWYMXI
,SPP][SSH*0
7YFNIGX 6IUYIWXIHXVMERKYPEVWIGXMSRSJVSEHEFERHSRQIRXSJ8EZIVR(V%HNEGIRXXS0SX&PSGO%
7IGXMSR8;476+) )EWWLS[RSRTPEX8EZIVRMIV2S8EZIVRMIV*01SRVSI'SYRX]
*PSVMHEEWWLS[RSR]SYV6IIGIERH;LMXIWYVZI]
1V.EGOWSR
3YVIRKMRIIVMRKHITEVXQIRXLEWVIZMI[IHXLIEFSZIVIJIVIRGIHVIUYIWX4VIWIRXP]%8
MWXMRK
JEGMPMXMIWMRXLIEVIE%8
IEFERHSRQIRXSJXLIEFSZIVIJIVIRGIH6MKLXSJ;E]
4PIEWIGSRXEGX.MQ=IEKIVEX JSVER]JYVXLIVEWWMWXERGI
7MRGIVIP]
/EXL]6IIH%VIE1KV
)RKMRIIVMRK
7)2IX[SVO3TIVEXMSRW
7SYXL*PSVMHE(MWXVMGX
4EGOIX4K
,G
Engineering –Design Department
th
2601 SW 145Ave Miramar, Fl 33027
Friday, September 30, 2016
Dustin Jackson
Prime Group Home Builders
4651 Sheridan Street
Hollywood, FL 33021
RE: Mark-Up Request / Tavernier Right-of-Way abandonment
91865 Overseas Hwy, Tavernier, FL
@ Circle Dr. and Tavern Dr.
Comcast ID # -CWSI-M16-4581
Dear Mr. Jackson:
above mentioned project…
Please beadvised …inreference to the
Comcast has existingaerialplant attached to utility poles within the limits of this project.
no objections
Comcast is clear and has to proposed Right-of-Way abandonment,based
on the survey dated 06/01/16. Should it become necessary, Comcast will coordinate with
the developer for a separate easement if needed. All existing Comcast facilities indicated
on the plans for the above-reference project are “To Remain”.
Should you have any further questions, please feel free to call me.
Cordially,
Chris Taylor
South Florida Utility Coordinator
Authorized Contractor for Comcast
954-239-8386 (Office)
ZZZ&DEOH:LULQJFRP
cc: Leonard Maxwell Newbold
cc: Ric Davidson
cc: Greg Daniels
4EGOIX4K
,G
4EGOIX4K
,G
4EGOIX4K
,G
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
600 W. Hillsboro Blvd. Ste 450
Deerfield Beach, FL 33441
Phone: 954-421-4599
Fax: 866-621-4839
MISCELLANEOUS REPORT
Agent File No.: S142391
File No: 14107552
SHORE TO SHORE TITLE, LLC
6111 Broken Sound Parkway NW
Suite 350
Boca Raton, FL 33487
Phone: 561-288-6900
THIS REPORT ONLY REFLECTS INFORMATION ABOUT THE PLAT DEDICATION OF THE PROPERTY CONTAINED
WITHIN THE LEGAL DESCRIPTION OF THIS REPORT. THIS REPORT DOES NOT REFLECT ANY OWNERSHIP AND
ENCUMBRANCES AND DOES NOT REFLECT TITLE DEFECTS OR OTHER MATTERS THAT WOULD BE SHOWN BY
TITLE INSURANCE.
Legal Description:
See Attached Legal Description
Description of Plat:
PLAT OF TAVERNIER NO. 2, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 2, PAGE 8, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
Dedication:
That certain portion of the Right-of-Way(s) known as Atlantic Circle Drive and Tavern Drive more particularly described within the
legal description of this report, was dedicated by the Plat of Tavernier No. 2 recorded in Plat Book 2, Page 8, of the Public Records of
Monroe County, Florida.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has not searched for, nor do we assume any liability as to any,
ownership, encumbrances, restrictions, easements, reservations, conditions, or limitations of record, further this report does not cover
any improvement or special assessments by any county or municipal governmental agency.
ORT Form 4643 FL
Owner & Encumbrance Search Report Page 1 of 3
4EGOIX4K
,G
NOTE: The limit of liability under this Report for the information furnished herein or for any reason whatsoever, whether
based on contract or negligence, shall not exceed $1,000 and shall be confined to the applicant to whom the certificate is
addressed.
Date:October 26, 2016
Mike Hidalgo
Authorized Signatory
ORT Form 4643 FL
Owner & Encumbrance Search Report Page 2 of 3
4EGOIX4K
,G
EXHIBIT A
A PORTION OF THE PUBLIC RIGHT OF WAY TO BE CLOSED BEST DESCRIBED AS:
COMMENCE AT THE MOST NORTHEASTERLY CORNER OF LOT 37, BLOCK A, OF
“TAVERNIER 2” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2,
PAGE 8 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN
S48°14’14”E ALONG THE WEST RIGHT OF WAY OF ATLANTIC CIRCLE DRIVE, FOR A
DISTANCE OF 58.16 FEET TO THE POINT OF BEGINNING OF THIS PORTION OF THE RIGHT
OF WAY TO BE VACATED; THENCE CONTINUE S48°14’14”E ALONG THE EXTENDED LINE
OF THE WEST RIGHT OF WAY OF THE ATLANTIC CIRCLE DRIVE, FOR A DISTANCE OF
16.85 FEET TO A POINT ON THE INTERSECTION OF THE SAID EXTENDED WEST RIGHT OF
WAY OF ATLANTIC CIRCLE DRIVE AND THE EXTENDED LINE OF THE NORTH RIGHT OF
WAY OF THE TAVERN DRIVE; THENCE RUN 42°39’22’W ALONG THE SAID EXTENDED
NORTH RIGHT OF WAY OF TAVERN DRIVE, FOR A DISTANCE OF 13.29 FEET; THENCE RUN
N09°38’36”W, FOR A DISTANCE OF 21.30 FEET TO THE POINT OF BEGINNING LYING AND
BEING IN MONROE COUNTY, FLORIDA.
ORT Form 4643 FL
Owner & Encumbrance Search Report Page 3 of 3
4EGOIX4K