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Item H07
� = - = = �� � 1, 1 00 1; ♦ / '10" Meeting Date: March 23, 2016 Department: Planning & Environmental Resources Bulk Item: Yes X No Staff Contact /Phone : Mitzi Crystal/ 289-2523 AGENDA ITEM WORDING: Approval of a resolution setting April 20, 2016, at the Marathon Government Center, Marathon for a public hearing for a proposed abandonment of a portion of Spanish Main Drive, CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe County, Florida, adjacent to Lots 5, 6, & 7, Block 19 of the aforementioned plat. ITEM BACKGROUND: The applicant has requested abandonment of a portion of the right-of-way at the terminus of Spanish Main Drive, as described above, in order to maintain the property. The portion of platted right-of-way of Spanish Main Drive ends at an L shape, bisecting the applicant's property. The applicant would like combine this area into his property and provide a usable turn around area. The applicant has provided agreements to construct a T-turnaround per Monroe County standards and relocate all utilities of the Florida Keys Aqueduct Authority. �! oklyJ $ tiFEE ON ot" CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Adoption of a resolution setting a public hearing on April 20, 2016 at the Marathon Government Center, Marathon, Florida. TOTAL COST: N/A INDIRECT BUDGETED: DIFFERENTIAL, OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: /A REVENUE PRODUCING: Yes No X AMOUNT PER ONT Year AX APPROVED Y: County Attorney OMB/Purchasing Risk. Management DOCUMENTATION: Included X Not Required GLWVW1J 1 Devised 6/15 Petitioner: Richard R Deegan 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 BOARD OF COUNTY COMMISSIONERS OF ON OE COUNTY, FLORIDA, that the Board will hold a public hearing on April 20, 2 16, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "A portion of Spanish Main .give, CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the flat thereof as recorded in Flat Book 5, Page 60, cif the Public Records of Monroe County, Florida, adjacent to Lets 5, 6, & 7, Black 19 of the aforementioned Plat, more particularly described by metes and bounds as follows: Commencing at the Northeast corner of Lot 7, Block 19 of CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat thereofas recorded in Plat Book 5, Page 60, of the Public Records of Monroe County, Florida, thence bear S60Q00' 00" W along the Southerly right caf way line of Spanish Main Drive, a 25' total right of way width per said Plat, for a distance (?f 28.87 feet to a point, said point being the Point ofBeginning; thence continue along said Southerly right of'way line S60°00'00" for a distance of 78.30 to a point, said point being on the West right of way line ref Spanish Main Drive per said plat; thence departing the said South right of way line, along said West right of way line .North for a distance of 28.86 feet to a point, said point being on the North right of way litre of' Spanish Merin Drive per said plat; thence departing said West right cif way Brae along said North right of way live N60°00'00"Efor a distance of 63.87feet to the point of curvature of a carve concave Northwesterly, with a radius of 25.00 feet, and a delta clf 60000 `00'; thence along said crave in a .Northeasterly direction, for an arc length of 26.18 feet to the point of tangency, said point of tangency being on the West File # 2015-029 Page l of 2 right of way lime of Spanish Maim Drive per said plat; thence departing .said curve, along said West right of way line extended to the South right of way line, South 43.30 feet lack to the Paint of Beginning, containing 1,991 square feet (0,04 acres), 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 23rd day of March, 2016. Mayor Heather Carruthers Mayor Pro Tern George Neugent Commissioner Danny L. Kolhage Commissioner Sylvia J. Murphy Commissioner David Rice M=01193041'• • •" (SEAL) Mayor Heather Carruthers ATTEST: AMY HEAVILIN, CLERK By Deputy Clerk STEVEN T. WILLIAMS File # 201.5-029 rage 2 of 2 Nkt3„ 1 2 3 MEMORANDUM 4 Monroe County Planning & Environmental Resources Department 5 We strive to be caring, professional and fair 6 7 To: Monroe County Board of County Commissioners 8 9 Through: Christine Hurley, AICP, Assistant County Administrator 10 Mayte Santamaria, Sr. Director of Planning & Environmental Resources 11. 12 From: Mitzi Crystal, AICP, PTP, Transportation Planner 13 14 Date: February 29, 2016 15 16 Subject: A public hearing to consider the approval of a resolution renouncing and 17 disclaiming any right cif the Counq and the public in and to a portion of the right- 1.8 of -way ofSpanish Mainz Drive on Cudjoe Key that is adjacent to Lots S, 6, & 7, 19 Block 19 of an Cutthroat Harbor Estates First Addition, as recorded in Plat .book 20 S, Page 60, cf the Public Records of Monroe County, Florida (File #2015-029) 21 22 BOCCMeeting: March 23, 2016 (set Public hearing) 24 April 20, 2016 (Public hearing) _ 25 26 REQUEST: 27 The applicant, Richard E. Deegan, requests an abandonment of a portion of Spanish Main Drive, 28 CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat thereof as 29 recorded in Plat Boob.. 5, Page 60, of the Public records of Monroe County, Florida, adjacent to 30 Lots 5, 6, & 7, Block 19 of the aforementioned plat. 31 32 The applicant requests an abandonment of a portion of the right-of-way at the terminus of 33 Spanish Main Drive, as described above, in order maintain the property, The terminus of platted 34 right-of-way for Spanish Main Drive ends at an L shape, bisecting the petitioner's property. The 35 applicant states the subject area frequently floods and is not used as a safe turn around. The 36 petitioner requests the portion of a platted right-of-way for Spanish Main Drive, approximately 37 .04 acres, be vacated to unify the petitioner's property. 38 39 The applicant has provided written agreements to construct a T-turnaround per Monroe County 40 engineering standards and relocate all Florida Keys Aqueduct Authority utilities within the right 41 of way at his expense. 42 43 44 45 46 Richard E Deegan Abandonment Petition File. #2015-029 Page l of 6 Affected Property (outlined in yellow) Proposed Abandonment 4 5 REVIEW OF APPLICATION: 6 7 The proposed abandonment portion is described as follows: 8 9 "A portion of Spanish Main Drive, Cutthroat Harbor Estates First Addition, according to the Plat 10 thereof as recorded in Plat Book 5, Page 60, c?f the Public Records cif ,1 o roe County}, Florida, 1.1 adjacent to Lots 5, 6, & 7, Block 19 of the aforementioned Plat, more particularly described by, 12 metes and bounds as follows: 13 14 Commencing at the Northeast corer of Lot 7, Block 19 of Cutthroat Harbor Estates First 15 Addition., according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public 1.6 Records of Monroe County, Florida, thence bear S60°00' 00" W along the Southerly right of 17 way lime of'Spanish Main ,Drive, a 25' total right of way width per said Plat, for a distance of 18 28.87 feet to a point, said point being the Point of Beginning; thence continue along said 19 Southerly right of way line S60000'00"W for a distance of 78.30 to a point, said Paint being on 20 the West right of wway line of Spanish Main Drive per said plat; thence departing the said South 21 right of way line, along said West right of way-, line North for a distance of 28.86feet to a point, 22 said ,point being on the North right of way line of Spanish Main Drive per said plat; thence 23 departing said West right of way line along said North right of way lime N60°00' 00"E,for a 24 distance of 63.87feet to the point Qf curvature of a curve concave Northwesterly, with a radius of 25 25.00 feet, and a delta of 60°00'00'; thence along said curve in a Northeasterly direction, for an 26 arc length of 2618 feet to the point oftangency, said point of tangency being on the West right 27 of ways line of Spanish Main Drive per said plat; thence departing said curve, along said West 28 right of way line extended to the South right of way line, South 43.30 feet back to the Point of 29 Beginning, containing 1,991 square feet (0.04 acres), more or less. " 30 31 The petitioner, Richard Deegan, is the owner of the only affected property (RE No. 00186840 32 000000). The portion of platted right -of -stay for Spanish Main Drive ends at an L shape 33 bisecting the petitioner's property. The petitioner has submitted a road abandonment petition in Richac'd E Deegan Abandonment Petition File #2015-029 Page 2 of 6 I order to eliminate a gap of ownership in the parcel and to maintain the area as his property. The 2 petitioner has stated the area is prone to flooding as it is constructed does not provide a safe turn 3 around as it requires people to back out into the main road. 4 5 The petitioner is the owner of the adjacent property (RE No. 00186840-000000) therefore a letter 6 of no objection is required. The entirety of the proposed abandonment will revert to parcel RE 7 No. 00186840-000000, as it is the only parcel abutting the subject right of way. 8 9 10 l 1. may° x y )UTI- R I� I.1.-wra 4 n1LGT-^ I �fi 6LOLK A s t DI& 5OLI- I C£ LPI 5 n S x 15 ✓,n,,� ti/' uNf z^.atin � ' sr3 uric R i i �r s 12 13 Proposed Abandoned (outlined in vellow) 14 15 This petition has been reviewed by County staff and written recommendations of no objection 16 were received from the following private utilities and County departments: 17 Keys Energy Service, letter dated April 27, 2009 18 AT &T, letter dated April 23, 2009 19 Corncast, letter dated Tune 5, 2009 20 Monroe County Fire Marshal, letter dated August 10, 2015 Richard E Deegan Abandonment Petition bile; #2015-029 Pa-e 3 of 6 1 Code Compliance, dated March 24, 2015 2 Monroe County Sheriff's Office, dated March 4, 2015 3 4 Letters of no objection with conditions were provided by Monroe County Engineering Services 5 and Florida Keys Aqueduct Authority (FKAA). 6 7 Monroe County Engineering Services, dated March 2, 2015 requires the petitioner to construct a 8 T-turnaround in accordance with engineering standards to provide for safe turnaround. The 9 applicant has agreed to construct a T- turnaround at his expense per Monroe County engineering 10 standards as provided in the Right of Way Abandonment Agreement for Turnaround 11 Construction attached as part of this report. The agreement will be recorded and accepted by 12 Monroe County as part of the abandonment resolution. The applicant has agreed to have plans 13 designed and obtain a Monroe County permit to work within the right of way within 180 days of 14 the approval of the right of way abandonment. Should the applicant fail to file for the permit as 15 stated in the agreement the right of way will revert to Monroe County. 16 17 Florida Keys Aqueduct Authority (FKAA), letter dated August 04, 2015 requires the applicant to 18 either provide an easement for existing utilities located in the subject right of way, which 19 consists of a 4 in water main with flush out and a water meter or relocate said utilities. The 20 applicant has agreed to relocate all FKAA existing utilities at his expense as provided in the 21 Right of Way Abandonment Agreement for Utility Relocation attached as part of this report. The 22 applicant will coordinate with Monroe County for a permit to work within the right of way and 23 with FKAA for the required utility permit within 180 days of the approval of the right of way 24 abandonment. The agreement will be recorded and accepted by Monroe County and FKAA as 25 part of the abandonment resolution. Should the applicant fall to complete the utility relocation as 26 stated in the agreement the right of way will revert to Monroe County. 27 28 Monroe County Code Section 19-1 - Abandonment of rights -of -way states: 29 30 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: 31 (1) the right-of-way terminates on a body of open water; or 32 • The platted, undeveloped right-of-way does not terminate on a 33 body of open water. 34 (2) the right-of-way provides access to the public to land on open water; or 35 The platted, undeveloped right -of -right does not provide access to 36 the public to land on open water. 37 (3) the abandonment would preclude a way for the public to maintain access to 38 the water. 39 The abandonment would not preclude a way for the public to 40 maintain access to water. 41 42 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is 43 an agreement to do so by all affected property owners. For purposes of this 44 subsection, an affected property owner is the owner of property which, if the right-of- 45 way is abandoned, will: 46 (1) Have access that is currently used by that property owner eliminated; Richard E Deegan Abandonment Petition File #2015-029 Page 4 of 6 I The requested abandonment is for right-of-way that bisects the 2 petitioner's property at the terminus of Spanish Main Drive. All 3 adjacent properties will continue be accessed Spanish Main Drive. 4 Property east of Spanish Main Drive will continue to be accessed 5 via streets within the subdivision of Venture Out. 6 (2) Have the only platted access eliminated, 7 0 The requested abandonment is for a portion of right-of-way at the 8 end of Spanish Main Drive, which is not used for accessed by 9 other properties. 10 (3) Have the paved area adjacent to that property increased for turn -around 11 purposes? or 12 i A T-turnaroundis required by Engineering Services given the 13 location of the right of way abandonment. The applicant has 14 agreed to construct the turnaround within the existing right of 15 way at his expense. 16 (4) Be increased in size. 17 0 The affected property increased in size by .04 acres, however 18 there is no objection to this increase. 19 20 (d) All right of way abandonments shall comply with the County Code and. Standard 21 Engineering requirements for road, turn -around Lind fire -rescue access. if required 2 for safety purposes, as determined by either Fire Marshal or County Engineer, a 23 dedicated turn -around area shall be shown on the submitted survey and shall be 24 a -reed to in writing- and constructed with payment by the property owner(s) 25 requesting abandonment. 26 a No objections were given from Monroe County Fire Marshal, 27 email dated August 10, 2015. 28 a Engineering Services, letter dated March 2, 201 indicated a T- 29 turnaround is required given the location of the right of way 30 abandonment. The applicant has submitted an agreement to 31 construct the required turnaround per Monroe County 32 specifications at the applicant's expense. The agreement will be 33 recorded and accepted by Monroe County as part of the 34 abandonment resolution. 35 36 (e) A right of way nay be abandoned only at the terminal portion of the road and in its 37 full width finless one of the following applies; 38 1. An adjacent lot owner has on the platted right-of-way or within a setback a 39 substantial structure which predates the Special Session Law 59-1578 40 pertaining to maps, flats and right-of-way. The term ",substantial structure's 41 specifically does not include woad or metal fences, sheds or tiki huts or other 42 items not listed which are accessory structures. or Richard E Deegan Abandonment. Petition File #201.5-029 Page 5 of 6 1 2 3 2, The abandonment is requested by a County department or governmental agency for a public use; for purposes of this subsection public use is a public facility and/or public/private utility; or 3. The right of way area is unusual in size or shape and after abandonment the remaining right of way width will be the same on bath sides of the abandonment as shown in Example 1. requested0 The petitioner has the entire width of the right of way Spanishterminating at Drive to be abandoned;therefore requirementthis ot apply. The requested abandonment, a portion of Spanish Main Drive, CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe County, Florida, adjacent to Lots 5, 6, & 7, Flock 19 of the aforementioned plat, meets the criteria cited above and is therefore suitable for abandonment. RECOMMENDATION: Staff recommends approval. Richard E Deegan Abandonment Petition File #2015-029 Pa -Me 6 of 6 Countyo, Growth Management ! on Planning & Environmental resources Department 2798 Overseas Highway, Suite 410 Marathon. FL 33050 Voice. (305) 289-2500 FAX(305) 289-2536 We strive to he caring., professional, and-fi ir. Dear Applicant: Board of CountyCommissioners Mayor Danny L. 1{olhage, Dist. I Mayen Pro Tern heather Carruthers, Dist, 3 George `Jeugent, Dist, 2 David Rice. Dist, 4 Sylvia Murphy, Dist. 5 Date: Time: This is to acknowledge submittal of your application for, lypc ol`aplalieatlon � gg to the Monroe County planning Department. rojed J N ame Thank you. ...::..... APPIACATION MONROE COUNTY PLANNING ENVIRONMENTAL SO %RC S DEP Road Abandonment Petition ENT RE C!._I 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 AbandtntrientApplication Fee: $1,533.00 In addition to the application, fee, the Poll®wing fees also apply,, Advertising Casts: $245.00 Date of Submittal: yK i Month lay Year Property Owner I Petitioner: Name Mailing Address (Street, City, State, Zip Code)' Daytime Phone i t Email Address Description of°roadway to be abandoned: Agent (if applicable): Dame Mailing Address (Street, City, State, Zip Code) lea}'time Phone Email Address Petitioners seep the abandonment for the following reasons: Page T of 4 Last Reviwd (M2010 A P �', 1.1f, W1101-N Legal description of contiguous property in which the abandoned roadway would become part, (If in metes and bounds, attach legal description on separate sheet) ]9 YZ Q 0 I—T- 4 A RMCIR 64 Block Lot Subdivision Key (Island) I IM74 - - --------- Real Estate (RE) Number Alternate Key Nuniber 10 CA'a, C�N ,,v lvi M f; , r4 Street Address (Street, City, State, Zip Present use of the roadway to be abandoned: Approximate Mile Marker Proposed use of the roadway to be abandoned; Total land area, of the roadway to be abandoned: C1 I Please provide all reasons for Nvhv the county should grant the road abandonment (if necessary, attach additional sheets): 'LA AV�l I. u-"C' CkM . ........ . Monroe County Code Section 19-1 - Abandonment of rights -of -way states: (a) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) the right-of-way tern-iinates on a body of open water; or (2) the right-of-way provides access to the public to land on open water; 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 there is an agreernent to do 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 clin-linatcd; (2) Have the only platted access chirinated; (3) Have the paved area adjacent to that property increased for turn -around purposes; or- (4) Be increased in size, (e ) A road may be abandoned only at the ten-ninal 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 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 pertaining to inaps, 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. (2) The abandonment is requested by a County department or governmental agency for a public purpose. Page 2 of 4 Rcvi.,cd 07/2010 Al"PURCA]HON (d) The board of county commissioners considers these a restriction on the rights of individuals who desire to abandon properties in accordance with F.S. § 336.09, All of the following must be submitted in order to have a complete application submittal - (Please check as you attach each required item to the application) Ll Complete road abandonment application (unaltered and unbound); 0—correct fee (check or money order to Monroe County Planning & Environmental Resources); E_4-11,egal description of the portion of the roadway to be abandoned in metes and bounds; 0--proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); M—Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's p roperty; Er'location map (i,c. copy of strip map, aerial photograph)-, Photographs) of the roadway to be abandoned; Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida registered surveyor - 12 sets (At a minimum, survey should include a legal description of the roadway: elevations; location and dimensions of all existing structures, paved areas and utility structures; roadways and casements; and all bodies of water on the site and adjacent to the site. The portion of the roadway to be abandoned should be marked with diagonal lines and the petitioner's property should be clearly delineated)-, letters of' "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA); Florida Keys Electric Cooperative (FKEC) or Keys Energy Services; telephone utility, gas utility, cable utility, wastewater treatment authority, etc.); ET�letters of "No Objection" from all affected property owners (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 prior to abandonment or b) one whose property abuts the portion of the roadway to be abandoned); 3—IF A CUL-DE-SAC OR "T-TYPE " TURNAROUND IS REQUIRLi D to be constructed, it will be the responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road being shortened. See Monroe County Code §9,5-296(p), Your petition should specifically state your agreement to construct either the cul-de-sac or "T-type" turnaround per County Standard Specifications and Details. (Should you need additional information regarding this matter, please contact the Monroe County Engineering Department directly by phoning (305) 292-4427). If applicable, the following must be submitted in order to have a complete application submittal: Notarized Agent Authorization Letter (note: authorization is needed from 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 recording fees incurred relative to this request for the abandonment. The filing of a petition does not entitle one to abandonment. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other I e ectric communication services to the Page 3 of 4 [,asl Rk-vis�,d 07U20IO same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If casements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the road is not a dedicated and accepted fight -of -way (including by operation of law due to construction or 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 -referenced street, alleyway, road or right -oaf -way as further depicted and described in the attachments. By signing below, I certify that I am familiar with the information contained in this application, and that to the best of my Imowledge such information is true, complete and accurate.. Signature of Applicant: _ r _ ' �k Date: � ` — I Sworn before rite this _ day of 111 k Olt ...�',.��Notary _-k ' siA 1 15g ic .'�' ExOr October 1, 015 My Commission Expires " lard` TWTMYF- 76i8 Please send the complete application package to the Monroe :ounty Planning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, 'Suite 400, Marathon, FL 33050. Page 4 of 4 DocV 1707046 08/07/2008 9:37AM Filed & Recorded in official Records of PmpmW by and relum to: MONROE COUNTY DANNY LKOLHAGE True T'ifle Agency, Inc. PO Box 429321 08/07/2008 9:37AM Sur Key, FL 33042 DEED DOC STAMP CL; PW $6,562,50 File Number: 2008-206 Parcel identification No. 0018684fi-00000 (Spars. Above This Line For Rwonhng DataL_ DOC&I 1707046 Bko 2375 Pq# 302 Warranq Deed (STATUTORY FORM - SEMON 689M, F,S.) This Indenture to this ± day of August, 2008 between John A. Kelly and Angela Keay, hudmw and W& whose post office address is 1082 Spatrafo Main Drive, Cndjoe Kicy, FL 33042 of the County of Monroe, State of Florida, gr&nWr*, and Richard E. an, a single man whose post office address is PO Box 293, 101 Station Road, Beals, ME 04,611 ofthe County ofWashington, State ofMahoe, granted, Witnesseth, that said grantor, for and in considerat•ian of the sEau QfTEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grarmur in hand paid by said grantm, the receipt whereof is hereby acknowledged, has granted, bavined, and sold to the said grantee, and gmatCes be= and assigns forever, the Nlowtug describm Land, situate, lying and being in Monroe County Florida, to -wit: 1; am M-4 W. T, T;Lww to ILI ILM � vin'" thereof as recorded in Plat Book 5, Page 60, of the Public Records of Mearoe Coryes;. 1;41 for 1111 and sul;it I LILars, yHrftofts� ienvauwot.- covenants. conditions. rr;, and said grantor does hereby (Wily warrant the title to said 1=4 and will defend the same against lawful claims of all persons whomsoever. * "Cr tor" and "Gmtoe' are asodfar znguhtrmpluTW,aswnuatrtquirm. In Witness Whereot grantor has hereunto set grantors band and sealtheday and year first above wrinco. Signed, scaled and delivered in our prese=e: Witness Name: John A. Ke ,eO AngeLa &oily fitness Na 4,- kl-xxl� 4/eV ( -e i State of Ft 'da County of 2! 1 -r C The foregoing instrument was acknowledged before me this- day of August, 2008 by John A. Kelly and Angela Kelly, who Ll are personally known or [X] have produced a driver's license as identification. [Notary Seal] Notary Public CHARLEY Notaty Public, State of "a K0AMY CGMffl[$S!0n# DD581446 7777rT"" -5 a I' �! row i 46MAI Printed Name: A V-r r- J My Commission ExpiTes: as y-!5 Doublo'ninse P By and Retain To' ChICW Title of the, Fiorillo Ke .Inc, 30546 Overseas Wighwdy Big Pine Key, Florida 33043 Fife N3o< 14-41OW041A, Pry rai es Pared I.D. Valid) Nu s) 00186820-00000 TRUSTEE'S DEED TNtSTRUSTEES DEED made and 'executed ut isdv John A- t .hale to tela hereinafter icoiled grs Of ant ishn ARsd�rrdE ash the Trust, each erasing Deegan, t address is 1082 Spanish Main Dr_ Oudled Key, FL 33fii42, t er�Yr after tfte g antea: (Wherever used in the t� -granter' and grans&' include all the panics to this ,rLSU4d8r�rrt and �a natives and of individuals, and the successorsand assigns Of -) ham,' t ripi "ESS That the grantor, for and In considerationtips slli of herasesg rd o heir se$,, convoys and confam unto the whereal is hareby ablithowledged, hereby grants, bOrPlItS, se gr , all itsconisin land situated 11) Monroe County, Florida, viz: The South -beef of Lot 5, Block la, CUTTHROAT HARBOR ESTATES FIRST ADDITIM according is the Flat thereof, as ed in Plat k 5, Pea 60 of the I B s of Monroet«ounty, Fidada, n- fe parhbubin de ilMw by and bounds as fcilows: Commanding st the Northeast comes cf said Lot 6, thence run South for a distance of 34.83 foot to the Poirot of Beginning, them continue Soup for a disbanco of 21.116 feel to a point on a curve, said curve Ding oxx2ve to the Northwest and having for its alwients a Diu of 25.00 feet; a delta angle of 60'00'W and an arc larch of 2618 feet m a poirA of tangent; thence bear S 60.0n0' W for a distancO of 101 .04 f ; thence bear North for a distance of 35.17 feet; thence beat N ao,00 o0" E for a distance of 115.47 fW back to drePoint of Begintilrill, This is not the Grantoils) M o neste d. subject to easements, reeincirons, reservations, and Cretiterio'rs of record, th if any. fata belonging or to any wise appertaining. TOGETHER with all the teern nts, hereddannants and appurtenances TO HAVE AND TO HOLD the sarrae in fee sl tomv tr. the grantor is AND the grantor tat andv authority kr saute anhat d convey vay �� nd;it t tt grantor hereby fWily ly setzsd of said �and nwarrants the title to grantor has rig said land and will defend tha saran against the lawful clams of all parsr�rs whoa a ear and that said tend Is free t} a ll enrumbrances, exwpl tmxos ace In9 subsequent isDucernbor 31'200tr IN WITNESS WHEREOF, the saw grantor has signet and mled these pxds" the da.;and year first above written. Si d, seated and doliver€rd in our presence: r a tiro , Ja AJ rus the .l� A. Keay Trust _. ate KaitrustJet aef e eta Kitts state of F county ofSworn to and suhacribad before rm trhsU .tahn day of , 20 by John A. Kelly and a K ly Trustees of tY Toast and the Ang�who Kelly Trust, a is pdWnfIlly to Own In ms or who has Prod uced as kJoitiffication.. 0.MAY OUMUNC Notary public - State at Fiorida sty Commission ExptfesAu4 i2, 24fit Commission Dt3 704173 Bonded Through Naticr al Notes! rt L r " Hi,hIiL.% nd Feature Real Estate Number Parcel Lot Text Dimension Text Block Text Point of Interest Text /v HooksiLeads 0o' Lot Lines Easements Road Centerlines Water Names Parcels /v/ Shoreline Section Lines 2006 Aerials PALMIS Monroe County Property Appraiser 500 Whitelicad Street Key West, F1, DISCLAIM]"IR: The MOMOC COLIIIty Properly Appraiser's oil -ice mainiains dili attt property Nvithin ilic Coinay solely IoT title IMPOSC Offtllfillillg IIS I CSINAISIM lily to SMire a just valuation for ad valorew lax l)Utl)01'C.1 111'all propei Iy within tiro Cloudy. The Moilloe CounlY Prolicity Apprniwr's oll-ice atssrut plal-anwe IN aCCUracy far any whcr purpose, Likewiw, data provided regarding one UIX YOU May 1101 be i1PPhC,1h1e iTI iIriOl- I1rS(JbSe(ItICT)T yearL. By rcqucsfin,_I,Built cl; data, you hereby undersi and and an!vee ilia ilic tiat, is inMided I'M (111 IVIOV011 N.Vpwposcs onlY and Miould not hQ relied oil fur any (deer puiliow, Dale Creatcd: Ivlay 19. 2009 9:55 AM Alternate Key: 1238821 Roll Year 2015 Effective Date: 2/4/2015 9:03:22 AM Run: 02/04/2015 09:03 AM DEEGAN,RICHARD E REVOCABLE TRUST OF 2012 3/2812012 Parcel 001186840-000000-33-66-28 Nbhd 311 1082 SPANISH MAIN DR Alt Key 1238821 Mill Group 100C SUMMERLAND KEY FL 33042-4327 Affordable Housing No PC 0100 FEMA Injunction Inspect Date Oct 28, 2013 Next Review Business Name Physical Addr 1082 SPANISH MAIN DR, CLIDJOE KEY Associated Names Name DBA Role DEEGAN, RICHARD E REVOCABLE TRUST OF Owner 2012 3/28/2012 Legal Description BK 19 S 1/2 LT 5 AND LTS 6 - 7 CUTTHROAT HARBOR ESTATES FIRST ADDN CUDJOE KEY P55-60 OR370-743 OR393-1309 OR599-147 OR630-490 OR821-97/98 OR968-1483 OR989-520121 OR1 119-1469 ORI 119-1470171 OR1534-937 OR1641-583AFF ORI 641-584 OR2375-302 OR2380-1410 OR2405-1171 OR2563-1908/09 Land: Data 1. Line ID Use TrontDepth Notes Units . Type SOH % Rate Depth Loc Shp Class ROGO Class Value ....... Mys Just Value M10C No 3,483.00 SF 100.00 1.00, 0.00 1.15 N 26354 010W 0 0 Yes 7,250.00 SF 100.00 1.00 1.00 1.00 0.98 N M1CW Yes 9,025.00 SF 100.00 1.00 1.00 0.85 N Total Just Value Monroe County Property Record Card (124) Alternate Key. 1238821 Roll Year 2015 Effective Date: 21412015 9:0122 AM Run: 02/04/2015 09:03 AM Building Sketch 11618 FT, bRV 12Fe. RM Building Characteristics Building Nbr 1 Building Type R1 Effective Age 27 Condition A Grnd Floor Area 1,848 Quality Grade 500 Inclusions: R1 includes 1 3-fixture bath and 1 kitchen, Roof Type 4 Roof Cover 2 Heat 1 6 Heat 2 0 Extra Features: 2 Fix Bath 0 4 Fix Bath 0 6 Fix Bath 0 3 Fix Bath 1 5 Fix Bath 0 7 Fix Bath 0 Sections Type Number -E.xteriorWatlType 513F I IZABOVE AVERAGE WOOD OUF 10 FLA 2 12:ABOVE AVERAGE WOOD ELF 3 it .IF 4F 19FT n FT..19" %3F7 11FT Perimeter 250 Depreciation % 0.33 Year Built 1987 Heat Src 1 1 Extra Fix 1 K I -1AMMALUbl, s Heat Src 2 0 Vacuum 0 Intercom 0 'IFT 4 "T 5FT oecYa ,on 11 FT 9FT 7Fe Functional Obs 0.00 Economic Obs 0.00 9,ecial Arch 0 Foundation 6 Bedrooms 3 Security 0 Garbage Disposal 0 Fireplaces 0 Compactor 0 4Stories Year Built Attic A/C Basement% Finished Bsmt % Area Sketch ID 80H % 1 1996 N 0.00 0.00 288 001 100.00 1 1987 45 016 100.00 11 1987 N y 0.00 0.00 1,312 005 100-00 1 1987 306 009 100,00 Monroe County Property Record Card (124) Alternate Key: 1238821 Roll Year 2015 Effective Date: 2/4/2015 9:03:22 AM Run: 02/04/2015 09:03 AM CPF 4 1 1987 408 010 100.00 OPU 5 1 1987 624 Oil 100.00 OUF 6 1 1987 276 012 100.00 OUF 7 1 1 1987 448 013 100.00 OUF 8 i 1 1987 144 014 100.00 FLA 9 12:ABOVE AVERAGE WOOD 1 1987 Y 536 015 100.00 Miscellaneous Improvements -ImprType # Units Type 0-% Le_ngth Width Year wilt - --- Rol - I - Year Grade Life RCN Depr Value 6 FN2:FENCES 400 SF 100.00 100 4 1997 1998 2 30 5 PT2:BRICK PATIO 2,071 SF 100.00 0 0 1995 1996 2 50 4 P03: RES POOL GMT 377 SF 100.00 29 13 1994 1995 4 40 3 PT3:PATIO 123 SF 100,00 0 0 1994 1995 2 50 2 FNZFENCES 64 SF 100.00 4 16 1991 1992 5 30 1 DK4:WOOD DOCKS 192 SF 100.00 12 16 1989 1990 1 40 9 PT3-'PATIO 569 SF 100.00 1995 2009 2 50 8 PT2:BRICK PATIO 561 SF 100.00 33 17 1996 2009 4 50 7 RW2: R ETA I N I NG WALL 77 SF 100.00 77 1 1995 2009 1 50 Total Depreciated Value Appraiser Notes SOUTH 1/2 LT 5 13K 19 (RE 00186820-000000 AK 1238805) HAS NOW BEEN COMBINED WITH THIS PARCEL PER THE OWNER'S REQUEST, DONE FOR THE 2010 TAX ROLL, (211612010 SCJ) 2002-03-15 CHANGED THE QG FROM 600 TO 450 AND THE EEF AGE FROM I TO 2 FOR THE 2002 TAX ROLL. SKIYDMJ LT 6 (RE00186830-000000 AK 1238813) HAS NOW BEEN COMBINED WITH THIS PARCEL PER OWNER'S REQUEST, DONE FOR THE 2007 TR 3/01/07 (JDC) ��Z Monroe County Property Record Card (124) Alternate Key: 1238821 Roll Year 2015 Effective Date: 2/4/2015 9:03-.22 AM Run: 02/04/2015 09:03 AM Building Permits Bldg_ Number Date Issued Date Completed A-16056 Sep 1 1986 12:OOAM Nov 1 1987 12:OOAM A-16779 Jan 1 1987 12:OOAM Nov 1 1987 12:OOAM A-1 7475 Jun 1 1987 12:OOAM Nov 1 1987 12:OOAM A-1 7473 Apr 1 1987 12-OOAM Nov 1 1987 12:OOAM 98-0503 Apr 1 1998 12:OOAM Aug 12 1998 12:OOAM 96-0496 Apr 1 1996 12:OOAM Nov 1 1996 12:00AM 95-0532 May 1 1995 12:00AM Nov 1 1995 12:00AM 99/0816 Mar 19 1999 12:OOAM Jan 1 2002 12:00AM 07100137 Jan 17 2007 12:OOAM Jul 31 2007 12 00AM Amount Description Notes 115,610 Residential SFR 750 RIPRAP 1,200 SLAB 4,000 ENCLOSURE 12,780 ROOFING 6,300 DRIVEWAY 15,000 POOL & SPA 9,695 HURRICANE SHUTTERS 10n000 STAIRS Monroe County Property Record Card (124) Alternate Key: 1238821 Roll Year 2015, Effective Date: 21412015 9:03,122 AM Run: 02/04/2015 09:03 AM Value History Tax Year. Val Meth Just Land Class Land Building mise Just Assessed Value Exempt Sr Ex. Tax Value 2014F C 573,974 0 182,264 33,138 789,376 683,930 25,500 N 658,430 1 2013F C 574,389 0 235,871 34,301 844,561 673,823 25,500 N 648,323 2012F 385,615 0 241,231 35,713 662,559 662559 25.500 N 637,059 2011 F C 405,765 0 238,551 36,891 681,207 681,207 25,500 N 655,707 201 OF 0 620,279 0 243,912 38,303 902,494 902,494 25,500 N 876,994 2009F G 554,793 0 273,926 39t486 868,205 868,205 25,000 N 843,205 2008F C 705,750 0 240,558 35,232 981,540 342,378 25,000 N 317,378 2007F 0 832,250 0 255,701 31,486 1,119,437 332,406 25,000 N 307,406 2006F C 471,250 0 285,959 32,379 789,588 284,261 25,000 N 259,261 2005E C 452,400 0 547,052 33,326 1,032,778 275,982 25,000 N 250,982 2004F C 243,600 222,937 34,419 500,956 267,944 25,000 N 242,944 2003E C 69,600 278,671 35,328 383,599 262,948, 25,000 237,948 2002F C 69,600 170,998 36,459 277,057 256,786 25,000 231,786 2001 F C 69,600 243,710 37,368 350,678 252,743 25,000 227,743 200OF C 27,840 243,710 23,555 295,105 245,382 25,000 220,382 1999E C 27,840 228,940 22,667 279,447 238,931 25,000 213,931 1998E C 27,840 208,697 19,287 255,824 235,169 25,000 210,169 1997F C 27,840 208,697 19,724 256,260 231,238 25,000 206,238 1.996E C 27,840 200,526 13,029 241,395 218,385 25,000 19,3,385 1995E C 27,840 189,004 745 217,588 211,300 25,000 186,300 1994F C 27,840 177,191 714 205,745 205,745 25,000 180,745 1993F C 27,840 156,346 0 184,186 184,186 25,000 159,186 1992F C 27,840 156,346 0 184,186 184,186 25,000 159,186 1991 F C 27,840 156,346 0 184,186 184,186 25,000 159,186 1990F C 27,840 156,346 0 184,186 184,186 25,000 159,186 1989E C 37,236 129,591 0 166,827 166,827 25,000 141,827 1988E C 32,712 123,565 0 156,277 156,277 25,000 131,277 1987F C 22,620 0 0 22,620 22,620 0 22,620 1986F C 20,532 0 0 20,532 20,532 0 20,532 1985E C 20,393 0 0 20,393 20,393 0 20,393 1984F C 20,393 0 0 20,393 20,393 0 20,393 Page: 5 of 0 Monroe County Property Record Card (124) Alternate Key: 1238821 Roll Year 2015 Effective Date: 2/4/2015 9:03:22 AM Run: 02104/2015 09:03 AM 1983F C 20,393 0 0 20,393 20,393 0 20393 1982E C 16,061 0 0 16,061 16,061 0 16,061 Sales History Book —.,.-Page Sale Date Instrument Transfer Code Q1 U Vacant Sale Price 393 1309 611/1978 Conversion Code 0 a V 11,000 821 97 11/1/1980 Warranty Deed 0 Q V 25,000 2375 302 814/2008 Warranty Deed 0 Q 1 937,500 2563 1908 3/28/2012 Warranty Deed 0 11 1 100 Exemptions Code Description Value - Year Renewal % -AmountApplied 39 25000 HOMESTEAD 25,000 2009 1 100.00 44 ADDL HOMESTEAD 25,000 2009 1 100,00 35 DISABILITY 500 CIVILIAN 500 2010 1 100,00 FNO NA3L j 0 111\10 L LOCATION MAP- NTS x' i, i ail t,' i "AC " 1C, MAP QF B0UNDARY 5URVEt fuascAewsatsx A PORTION OF THE ROW Of 5PAN15H MAIN DRIVE f n. 1 3/4 IF j ADJACENT TO LOTS 7, 6 THE 5OUTH CIF LOT 5, BLOCK 19 ��<� � � CUTTHROAT HARBOR E5TATE5 FIRST ADDITION 0 i yy- z i U THE NORTH OF LOT 5 BLOCK 19 PORTION OF SPANISH MAIN DRIVE 0 TO BE ABANOONED sari THE SOUTH 1 OF LOT S BLOCK i5 POC <aI p LOT BLOCK S wa u..g', � 8D3O�Y1 --``O4tti1v51 fAea t A FNE)i, p_ u FsO I- IR v kO to - �' 'S rNtl its" :4t9N Rog A CAP L➢ cam t� 3t erad SCALE: 1° 20' a -ts-r a' yy dd BEAKINs BASF.':end,3l'r`,a. THE SOUTHERLY RIGHT OF WAY Is crrc, to 785E LINE OF SPANISH MAIN DRIVE AS 560"fl0'00"W AS DERIVED FROM PLAT BLOCK 19 ALL ANGLES DEPICTED LOT 7 ARE 90 DEGREES UNLESS ' OTHERWISE INDICATED ADDRESS; 3082 SPANISH MAIN DRIVE CUOIDE KEY, FL 33042 LOT 6 3 LEGAL DESCRIPTION - PORTION OF ROAD TO BE ABANDONED; (NEWLY AUTHORED BY THE UNDERSXU`AED) A portion of Spanish Main Drive, CUTTHROAT HARBOR ESTATES FIRST AQDITICN, according to the. Mat thereof as recorded In Plat Bootie 5, Page 60, of the Public Records of Monroe,. County, Florida, adjacent to Lehi 5, 6, Ea 7, Black 19 of the aforem rtioned Plat, more particularly described by metes and bounds as follows: t / Commencing at the Northeast corner of Lot 7, Block 19 of CUTTHROAT / E HARBOR ESTATES FIRST ADDITION, according to the Plat. thereof aS I recorded in Plat Slack 5, Page '0, of the Public Records of Monroe i County, Florida, thence treat 560, OWOB"W along the Southerly right of. I I way line of Spanish Main Drive, a 25' total right of way width per said Plat, for a distance of 28,B7 feet to a point, said point being the Point t +/. CtiIA of Beginning, thence conanuc along said Southerly right of ivay line d i z`% O S60t00' W for a distance of 76.30 to a point, said point Laing on the - West right of way line of Spanish Main Drive per said plat; thence 1 duparting the saki South right of way line, along said West right of was line North for a distance of 28.86 feet to a point, said point being on l r ti ,TrnNt"€ i the North rightof way line of Spanish Main Drive per said plat; thence departing said West right of way line, along said North right of way line N6B°00'Di for a distance of 63A7 feet to the point of curvature of a " curve concave Northwesterly, with a radius or 25.00 feet, and a. delta of 60-0O'00'; thence aittr g said curve in a Northeasterly direction, for '---°-- -------- anarc length of26A5 feet to the point of tangency, said point of norE: LecaL ces9uzrroxs oiave oeeri rmn;utswt9 av sw€cu nr os ytarae xe esen7a,ty eUexecosas w.+,var<cr Meru ResrAaerm av rile suaverax.-rn tangency being on the West right of way line or Spanish Main Dave per etTe rrrr-E 0.C9[ for rn€s-o€-1171OIS1--li stnutsGMi`Nrrrse u€tin AcSFaRcrito roo€rsttwtrrs ovea;us�iam^ries.. said plat; thence departing said curve, along said West right of way - - line extended to the South fight of sway Ine,. South 43.30 feet Cask to CERTIFIED TO R^-' r +i Y R a^s. "t€ r cc AAai.^ +,.� a. xs+waas a:r�es xatau, i'r .1 u,agu& LbJi Y6ie'n Fg the Paint of Beginning, containing 1,991 square feet (0.04 acres), RIC.HARD DEEGAN a,.cr. w«vee raa.uc more or €ess. ' u=ia 04 ag I Its w HEf'SWi SE' 6-WI.R4�AC 1°i FiEECE & ASSOCLATES f / ::�. I4n Ww fe3 kQSCR _a5,.fAU.rtitb+o4, s r Y1 t or t srx,eou.e s,««,s.rnt raoxa=o PRWESSWNAL SUir OR AHD ALAP-,R, US 7246 127 itimustR?AL.. Ri lUG RFNE KEY, P, 33943 "r �w R W- « w OFFICE (i05 " rrxmax tart ) :. r`�', ' ) 672 - i3C6 °SSt291 ®.-T ss r=«„,o«..,w�4« FAX(305) 872- 5622 r-+ `€,a AT&T Florida T: 305.296.9078 650 United ST F: 305.294.4062 Key West, FL 33040 XI-W _V1 - ail; .cam cb3138@att.com Mr. Richard Deegan Subject: Abandonment of Road Right of Way located at Lot 6 & 7, block 19 of Cutthroat Harbor Estates T" Edition, Cudjoe Key, Monroe County, Florida, as described in Docket 1707046, Rook 2375, Page 304 excluding any easement dedicated specifically to Bellsouth Telecommunications, Jue d.b.a. AT&T Florida To Mr. Deegan: Our engineering department has reviewed the above referenced request. Presently, AT&T Florida has neither existing facilities nor plans to construct facilities along the area in question, AT&T Florida has no objections to the abandonment of the above referenced Right of Way. If further assistance is needed, please do not hesitate to call, Christopher Bracey, at (3(l5) 296- 9078, Thank You, Bernie Macias Director — Construction & Engineering W". -.1 .1 T.Om (305' 2135-1000 N SIP 1001 James street PO Box 6100 Key West, FL 3304MI00 www.KeysEne,,gy.com UTILITY B 0 A R D OF THE CITY OF K BY WE T Mr. Richard Deegan 1082 Spanishmain Dr, Cudloe e� , Florida 3#42 Keys Energy Services has no objection to the proposed abandonment as per the attached survey, rf you have any questions, please feel free to contact me at (305) 295-1052. Sincerely, Catherine Peace Engineering Field Representative Cathe,ri ne, Peace OdKe-usFnergy coi, I= C, L. Tejeda General Manager & CEO J. Wetzler, Asst, General Manage and CFO D. Finigan, Director of Engineering/Control Center D. Price, Director of T&D M. Alfonso, Supervisor of Engineering FILE: CUS-200, May 29, 2009 Richard E. Deegan 1082 Spanish Main Dr. Cudjoe Key, FL 33042 David C. Ritz Chairman Key Largo Elena Z. Herrera Vice -Chairman Rockland Key Rose M. Dell Secretary/Treasurer Big Pine Key J. Robert Dean Key West Antoinette M. Appeli Marathon James C. Reynolds Executive Director RE: Abandonment of a portion of Spanish Main Drive that separates Lot 5,6,&7, Blk. 19 and extends to the centerline of Spanish Main Drive, Cutthroat Harbor Estates. Dear Mr. Deegan: The FKAA Board ol'Directors approved at the May 28, 2009 meeting, the above referenced project. Pursuant to your request for the partial abandonment of the above -reference property, staff has researched your request and have no objection since the owner has agreed to convey an easement for the entire roadway as platted and pay the $500.00 front footage mid flush -out fee due for Lot 6. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITV Jolynn Cates-Reynol s, P �E I Water Liality Engineer JCR/crria cc: Kirk Zuelch, General Counsel Roy Coley, Director of Operations Dept. Monroe County Building Department Florida !i� Aqueduct Au�tho�rity� 1100 Kennedy Drbe Key Oka Florida 3W4O Telephone (305) 296-2454 loop A Richard Deegan 1082 Spanish N—fain Drive Cu 6j oe K e � F L 3 -'- 0, 4 —7 RE: Aha- Lon a rart:n 2f Spa :� � � '��_ - D 7, Cu, -, -, �,K, - Doan %� lolo-zly Roma D. OnOrnan Dios 3 AM:hate U Apjm�� G 1 2 2015 2 s'' Maya 13 Wagne MONROE CO. PLANNING DEn. can 7g; 73 :170, Augu a 4. 2015 "Snanl VqWT a - -,'I-.- -'-, , � :7 -� -- ? �1-. a ,, -,- -', -, --, "0507 M_ t C,-:----- - K . -,-, - ---e7 7707 A Ah Aushoui and "a - , zer v, i-th�r -Lhe locaTio The C" T= has agived 10 py jr MY115 to Esc rdocaed a: lei expaim, 7�rfcT7,i-iinz an,% %4ork on luifllj-�ts SHAA jou have any queshons. please do no heshme to caH AN olke. shcuejy, FLORIDA KEYS AQUEDUCT AUTHORITV r M a r PC, arnie" Disiribuiion Design Supervisor Mcma Gei-,eral Counse! Tom Mugam OPemdons Apanment %tanager Ke,. NVesz sio.mer Sem ice Office Monroe County BLA!dhlg Deparnneni Ocomcast Richard E. Deegan I OLV-Spai-ia-islh CudJoe Key, Florida 33042 Spanish Main Drive CudJoe Key, Florida 3-3)042 Comeast has no objections to the abandonment of a portion of Spanish Main Drive, adjacent to Lots 7,6 and the south V2of Lot 5 Block 19 Cutthroat Ifarbor Estates First addition. If you have any questions of are in need of further information please contact me at "05-809-125'- Sincerely, X; Greg 6aniels Lead Construction Technician Comeast Cable, Florida Keys To Gail Creech, Planning Commission Coordinator - From: Judy Clarke, P.E,, Director of Engineering ServiceS� Date: March 2, 2015 Re: File # 2015-029, Richard Deegan Road Abandonment Petition I have reviewed the above referenced petition for abandonment of a portion of Spanish Main Drive. Engineering Department does not object to the proposed abandonment; however, the petitioner must construct a T-turnaround in accordance with the Public Works Manual Detail R 5.0 at the end of Spanish Main Drive, If you should have any questions or need any additional information, please feel free to contact Roe by telephone at 3105-295-4329 or by email at cl,arke-judith@moiiroecounty-fl.gov. County of Monroe The Florida Keys OFFICE OF THE FIRE MARSHAL 490 63'd Street Ocean Marathon, FL 33050 305-289-6368 — Phone 305-289-6369 — Fax August 10, 2015 Re: Road abandonment Mitzi Crystal; BOARD OF COUNTY COMMISSIONERS Mayor Danny L. Kolhage, District 1 Mayor Pro Tern Heather Carruthers, District 3 George Neugent, District 2 David Rice, District 4 Sylvia J. Murphy, District 5 The Monroe County Fire Marshal's Office has no objections to the road abandonment for #2015-029 Deegan, and #2014-118 Kelly If you have any questions or concerns, please do not hesitate to call. Sincerely, Tim Leonard Deputy Fire Marshal Monroe County Fire Rescue MONROE COUNTY SHERIFFS OFVICE RICFLkM A. RAMSAY, SHERIFF To: Gail Cneech, Planning Commission Coordinator Fc Capt. Don Hiller Date. March04. 20,15 Re: Road abandonment Petition for Deegan, Riohard...File #2O15-O29 I have reviewed the petition for road abandonment for the above described location. It appears that this land was once plotted tobearoad oralley but was never developed assuch. |1bnot a road. The property inquestion |sbordered on3 sides bythe petitioners other parcels ofland. Ingress/egress is not an issue. There is not going to be an issue with additional traffic or hazards 10the neighborhood. The Monroe County Sheriffs office has no objections to the abandonment of this land. Please feel free to contact me if you have further questions. 5525 COLLEGEROAD KEY WEST, FL 33040 *** (305)292-7001. WWW.KT-YSSO.NET MEMORANDUM ION OE COUNTY GROWTH MANAGEMENT DIVISION CODE COMPLIANCE Ife strive to be caring, professional andfibir • MEMEMEM= FROM: Ronda L. Norman, Sr. Director, Code Compliance . ta,) An inspection of the right of way/ property in question, was conducted and no concerns were noted by Code Compliance. Code Compliance has no objections to the road abandonment at this time. If you have any questions, please feel free to contact me. 'Nl" All �"'21 O-M Return to; Monroe County Monroe County Planning & Environmental Resources 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Prepared by: ---------------------------------- Space Above This Line For Recording ------IG T-OF- AY ABANDONMENT AGREEMENT O TURNAROUND CONSTRUCTION This Agreement entered into this 12.4jo day of PJpV 20_6 by Vj6ard E DerXn PETITIONER PROPERTY OWNER (hereinafter "PETITIONER"). 1.4 WHEREAS, Monroe County Code (hereinafter "Code") Section 19-1 authorizes, in certain circumstances, abandonment of a County right-of-way; and WHEREAS, Code Section 19-1 provides that such right-of-way abandonments must comply with all applicable Code requirements for road, turn -around, and fire -rescue access; and WHEREAS, Code Section 114-7(p) provides as follows: "Dead-end streets, designed to be so permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70 feet, and a street property line diameter of at least 100, feet, or may be provided with a "T" type turnaround as may be approved per "Standard Specifications and Details of Monroe County" by the department of planning. "; and WHEREAS, Monroe County ,finds the PETITIONER must construct a T-turnaround in accordance with the Public Works Manual Standard Sped fications and Details of Monroe County Division ("inclusive of Road Specification Section B-2) and T-Turnaround Derail R-5 at the terminus of Spanish Main. Drive, adjacent to Lots 5, 6, & 7, Bloch 19 Of Cutthroat Harbor Estates First Addition, according to the plat thereof as recorded in Plat Book 5, Page 60, of the public records of Monroe County, Florida, and WHEREAS, the PETITIONER hereby covenants with the County, by this duly executed and recorded Agreement, that all construction and development of such T-type turnaround shall be the sole responsibility of the PEI"'ITIONER; and NOW, THEREFORE, for and in consideration of the sure of TEN and 001100 DOLLARS ($10.00), and as an inducement to the County for the approval of this Agreement, together with other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged and attested to by all parties hereto, the PETITIONER agrees and covenants as follows: The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 2. The PETITIONER desires to construct such a T-type turnaround pursuant to the aforesaid Code provision(s), at that certain below -described real property: County Right of Way: Terminus 2f Spanish Mein Drive Parcel(s)/Lot(s) ®Lots 5, 6 & 7lock: 19 Subdivision: _Cutthroat Harbor Estates, First Addition Key: Cudo Flat Book: 5 Page: 60 Real Estate Nay ber(s)r 00160-000000_- ; and 3. The PETITIONER agrees to construct said T-type turnaround in accordance with 1983 Public Works Manual Standard Specifications and .retails of Monroe County Division (inclusive of Road Specification Section, R-2) and T-Turnaround .retail R-S, as attached in Exhibit "A." The PETITIONER shall install said T-type turnaround in accordance with the terms of the right-of-way permit issued by the Monroe County Engineering Department and shall submit the proposed locations)/site(s) of such turnaround as part of its the right-of- way permit application, which shall be subject to compliance and sufficiency review by the County separate and apart from the authorization(s) conferred pursuant to this Agreement; and 4. All notices, consents, approvals, or other communications to the County hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, in the following form and address: Monroe County Planning. & Environmental Resources Attn: Planning Director 2798 Overseas Highway, Suite 400Marathon, FL 33050 5. Any and all construction(s) or interpretations) of the Monroe County Code shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight on trial and on appeal; and 6. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both parties, record this Agreement with the Monroe County Clerk of Court and in the Public Records of Monroe County at the same time as the road abandonment is recorded, and shall solely pay any and all costs associated with such recordation, and 7. AMENDMENT OIL MODIFICATION. No amendment(s) or modification(s) to this Agreement is/are effective unless the County agrees, consents, and joints in writing thereto. The undersigned PETITIONER shall record any such amendment(s) or modification(s) to this Agreement, and shall solely pay any and all costs and expenses associated with the recordation of any such amendment(s) and modification(s); and • 8. LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a jury trial and any rights it may have to bring a claim against the County for personal damage or injury, or damage or injury to property, that is allegedly caused by the negligent action or inaction of the County or an employee or agent of the County arising from or caused by the County's authorization(s), activity(ies), or inactivity related to this Agreement, further holds the County harmless from the claims of all persons for action(s), inaction(s), activity(es), darnage(s), expense(s), and loss(es) occurring on the above -described property and locations)/site(s) therein, and the PETITIONER shall be solely responsible and liable for and to any and all parties who engage in or otherwise perform work relating to said con struction/development of the above -described and below -described T-turnaround, and the County shall in no way be either responsible or liable for any injury caused by the tools, materials, or equipment used by the PETITIONER, its employees or agents, or used by the PETITIONER's Contractor(s), or its employees or agents; and . INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the County and its commissioners, officers, employees, and agents, from any and all claims for bodily injury (including death), personal injury, and property damage (,including property owned by or property interest(s) held by Monroe County) and any other losses, damages, and expenses (including attorney's fees), arising from any injury or damage in connection with this Agreement; and 10. PAYMENT. The PETITIONED is and shall be solely responsible for all costs incurred in the carrying out of such the T-type turnaround project construction/development.. It is hereby understood by the parties that the County shall incur no cost for or in relation to such project construction/development. It is further hereby understood that there are no third - party beneficiaries to this Agreement, and that no Contractor or Sub -Contractor, or any other person or entity, shall look to County for payment related to such project construction/development; and 11. COMPLIANCE WITH LAWS, The PETITIONER shall comply with all Articles of Incorporation, bylaws, laws, ordinances, and governmental rules and regulations that apply to this Agreement and to its activities on and at the above -described real property locations)/site(s). The PETITIONER shall obtain all necessary permits, approvals, inspections, and authorization as may be required by such Articles of Incorporation, bylaws, and local, state, and federal governments and agencies; and 12. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action to enforce the provisions, restrictions, or terms contained herein and prevails in any such action, on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition existing at the time of execution and recordation of this Agreement. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under Chapter 162, 373, and 403, Florida Statutes, and any other action at law or in equity; and 3 of 8 13. TERMINATION/REVOCATION OF RIGHT OF WAY ABANDONMENT. The PETITIONER hereby agrees to have plans complete and obtain a right of way permit for construction of such T-type turnaround in accordance with the requirements contained in the Public 'Works Manual Standard Specifications and Details of Monroe County within one - hundred eighty (180) days of the effective date of the County's approval of the corresponding petition for right-of-way abandonment. If the PETITIONER fails to so construct such T-type turnaround in accordance with the Public Works Manual Standard Specifications and Details of Monroe County Division(, inclusive of) B-2 and R-5, or fails to so construct such T-type turnaround within one hundred eighty days after issuance of the right of way permit, said previously abandoned right-of-way shall immediately revert back to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise restrict the County's authority to terminate this Agreement, a duly approved right-of-way abandonment petition, a right-of-way permit, or any other permit(s), approval(s), or inspection(s) corresponding to this Agreement or its corresponding right-of-way abandonment petition, pursuant to applicable provisions of the Monroe County Code and/or the permit(s) applied for or issued pursuant to this. Agreement; and 14. ENFORCEMENT. In the event of any breach or violation of the restrictions or terms contained herein, the County shall, without liability to the County, have the right to unilaterally and without notice terminate this Agreement, and to proceed at law or in equity as may be necessary to enforce compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary, and permanent injunction, including ex parse action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law, or such other legal method as the County deems appropriate. Uncured breach of violation of this Agreement by the PETITIONER shall, without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend and/or rescind, without liability to the County, development applications and pending permits, approvals, or inspections relating to this Agreement, except for those permits, approvals, or inspections necessary to cure such breach or violation. The PETITIONER hereby agrees to and shall pay for all costs associated with the County's enforcement action(s). Such County enforcement shall be at the County's discretion. Failure of the PETITIONER. to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and 15. AUTHORIZED SIGNATO Y. The signatory for the PETITIONER, below, certifies and warrants that: (a) The PETITIONER's name as set forth in this Agreement is its full and correct legal name (if an entity, as designated in its corporate charter and as formally registered with the State). (b) The individual(s) executing this Agreement is/are duly authorized to so act and execute such Agreement on behalf of the PETITIONER. (c) As applicable, this Agreement has been duly approved by the PETITIONER's Board of Directors and/or members, consistent with and compliant with the PETITIONER's Articles of Incorporation, Bylaws, and all local, state, and federal law(s). (d) Furthermore, as applicable, the PETITIONER shall, upon execution of this Agreement, provide copies of a list of its current Board of Directors and/or managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of its current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such current Bylaws. 16. SEVERABILITY. If any condition, provision, reservation, restriction, right, or term of this Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of such condition, provision, reservation, restriction, right, or term shall neither limit nor impair the operation, enforceability, or validity of any other condition(s), provision(s), reservation(s), restriction(s), right(s), or term(s) thereof. All such other condition(s), provision(s), reservation(s), restriction(s), right(s), and term(s) shall continue unimpaired in full force and effect; and 17. PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph to which they refer; and 18. EFFECTIVE DATE. This Agreement constitutes the entire Agreement and any representation or understanding of any kind preceding the date of this Agreement's execution or recordation is not binding on the County or the PETITIONER except to the extent it has been incorporated into this Agreement. This Agreement shall become effective upon recordation in the Public Records of Monroe County. 19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and the PETITIONER and their respective legal representatives, successors, and assigns. However, this Agreement shall not be conveyed, assigned, of otherwise transferred from the PETITIONER. Any such transfer requires County approval, and any such transfer absent County approval shall immediately render this Agreement void ab initio; and This Agreement is made in reliance upon information, representations, and documents provided by the PETITIONER(S). If, at some later date, Monroe County determines that such information, representations, and/or documents contained false or misleading information material to the County's consideration and assent to this Agreement, the County reserves the right, in its discretion, to revoke such consideration and assent and to rescind this Agreement and to pursue all remedies at law and equity, for injuries to the County caused by the submission of such false or misleading material information. EXECUTED ON THIS 194b day of Woye.mbe-r 14, 5 of 8 Fl-ETITIONER(S) lu Petitioner No. I (Print Name) Petitioner No. 1 (Signature) Witness No. 2 (Print Name) Date (Print) Witness No. 2 (Signature) Authorized Official Capacity (Applicable if Entity Petitioner Executing Through Entity Owner's Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/Position)) Non -Entity Petitioner's/Non-Entity Petitioner's Principal Mailing Address (Print) Entity Petitioner - Mailing Address (Print) Entity Petitioner - Registered Agent Name (Print) ZD Entity Petitioner - Registered Agent Mailing Address (Print) Witness No. I (Print Name) Petitioner No. 2 (Print Name) Witness No. 1 (Signature) Petitioner No. 2 (Signature) Witness No. 2 (Print Name) Date (Print) Witness No. 2 (Signature) STATE OF COUNTY OF MM The foregoing instrument, Right -of -Way Abandonment Agreement for Turnaround Construction, was acknowledged before me this day of , 2Ci by who is personally known to me or produced DL as proof of identification and did take an oath, and by who is personally known to me or produced as proof of identification and did take an oath. .4Y KELLY CARRICK ez MY COMMISSION # FF203808 EXPIRES Fe5ru" 25.2019 +401, 34E"0"53 Fkxx9�Nara: Serv�e.�r Notary blic Sear 7 of 8 6-3 TYP. GUARDRAIL SEE NOTE 4'- a 7 0 tQ t .im ' �I `!' _ a LLJ �I to I a 10, PLAN : [WHERE R/W DEDICATION CONTINUOUS SUFFICIENT SLOPESET- BACK TO ACCOMMODATE FILL OR CUT AND GUARDRAtL. SECTION OA—A A LEVEL TINE I BASE COURSE, PRIMED ENTIRE WIDTH bd ASPHALTIC CONCRETE SURFACE COURSE Ji" THICK RIGHT-OF-WAY LINE AT OR ABOVE COUNTY CRITERIA +4.0 CONCRETE SIDEWALK WHERE REQUIRED mi m ow V7 J, MOM L ! STANDARDROAD A ' NA « + y Return to: Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400 Marathon, FL 33050 Prepared by; ---------------------------------- Space Above This Line For Recording ----___ This Agreement entered into this day of , 2016, by _Richard Deegan ETITI NE (s)/PROPE TY OWNER(s) (hereinafter "PETITIOIEE (s)"); and WHEREAS, Monroe County Cade (hereinafter "Code") Section 19-1 (2015) authorizes, in certain circumstances, abandonment of a County right-of-way; and WHEREAS, Code Section 19-1 (2015) provides, in relevant part, that "No right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners." For purposes of this Section, and pursuant to Code Sections 19-1(c)(l)-(4) (2015), an "affected property owner" is "the owner of property which directly adjoins the area subject to abandonment or, if' such "right of way is abandoned, will have access currently used by that property owner eliminated. or diminished," or "will have the only platted access eliminated," or "will have the paved area adjacent to that property increased for turn -around purposes," or "be increased in size;" and WHEREAS, Code Section 1-2 (2015) defines "property" as including both "real and personal property," which, therefore, may include an affected owner of personal property such as (but not limited to) an owner of an existing utility line which does not have a real property interest (such as a utility easement) in the same; and WHEREAS, in order to satisfy the requirement(s) set forth in Cade Section 19-1(k) (2015), PETITIONER(s) has/have obtained a "Conditional Letter of NoObjection," attached hereto as Exhibit "A." to this Agreement, which is hereby incorporated as if fully stated herein, which PETITIONER(s) has/have submitted or shall submit or otherwise provide to the County, from the subject utility having the following legal name as set forth in the official public records of the Florida Department of State - Division of Corporations Florida Revs A tq!Et Authority , in which said utility stated that it has "No objection" to [the] abandonment of that portion of Spanish Main Drive that separates Lots 5$6 & 7. Bloch 19 extending to the. western line of Syanish fain Drive, Cutthroat Harbor Estates, First .Addition on the condition(s) that the 4 inch water main with flush out and water meter located in the abandonment be relocated at the owner`s expense, and WHEREAS, by this duly executed Agreement, which shall be recorded forthwith, PETITIONER(s) hereby covenant(s) with the County that the relocation of the 4 inch water main with flush out and water meter of the above -named utility shall be the exclusive and sole responsibility of PETITIONER(s) and be at PETITIO ER's exclusively and sole expense; and NOW, THERE, F FORE, for and in consideration of the sung of TEN and 00/100 DOLLARS ( 10,00), and as an inducement for the County to approve this Agreement, together with other good and valuable consideration, the adequacy, sufficiency, and receipt of which are hereby expressly acknowledged and attested to by all parties hereto, PETITIONER(s) hereby agree(s) and covenant(s) as follows 1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein; and 2. The PETITIONER(s) is/are the sole fee simple title owner(s) of that certain immediately below -described real property located. in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit "B" which is hereby incorporated as if fully stated herein. Parcel(s)/Lot(s) , 6, k 7 lock: I Key: Cudioe Plat Book: 5 Page: 60 Approximate Real Estate a ber(s): 00186840.000000 ; and The PETITIONER(s) desires to relocate the subject utility's above -described interest, more fully legally described immediately below and as shown on attached Exhibit "B" in pursuant to and in compliance with the above -described Code Sections, and shall do so in compliance with the United States and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Flan, the Monroe County Code(s), the Florida Building Code(s), and all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules: K, Book: ,,: Real Estate . 00186840.000000 i 2 of 20 4. Conditions and Revocation or Termination of A reeMent. The PETITIONER(s) hereby agrees to submit a complete right-of-way permit application to the County in compliance with the form and address requirements set forth in Paragraph 5 below together with a Florida Keys A€ ueduct Authority Utility_ Per "t within one -hundred eighty (180) days of the effective date of the County's approval of the PETITIt3E 's right -of -gray abandonment petition corresponding to this Agreement. Should the PETITIONER(s) fail to relocate the subject utility's above -described interest in accordance with Florida Keys Aqueduct Authority_Utility _ Permit(s) and the corresponding County right-of-way permit(s) (corresponding to this Agreement), or otherwise fails to complete construction necessary to complete re -location of the subject utility's above -described interest within the following time -frame and under the following condition(s) the County's previous approval to abandon the corresponding/the subject right-of-way shall immediately be rescinded and the prior -abandoned right-of-way (any and all portions thereof) shall immediately revert back to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise restrict the County's authority to terminate this Agreement, the County's previous approval to abandon the corresponding/the subject right- of-way, the. County right-of-way permit(s) corresponding to this Agreement, or any other permit(s), approval(s), or inspection(s) corresponding to this Agreement or prior County approval to abandon the corresponding/the subject right-of-way, pursuant to the U.S. and Florida Constitutions, the Florida Statutes, the Monroe County Comprehensive Plan, the Monroe County Code(s), the Florida Building Code(s), the provisions and terms of this Agreement, and/or all other applicable federal, state, and local codes, ordinances, orders, resolutions, regulations, and rules; and 5. Notice and Service of Process - Monroe County. All notices, consents, approvals, or other communications to the County hereunder shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, in the following form and address: Monroe County Planning & Environmental resources Department Attn: Senior Director Subject:Right-of-Way (Road) Abandonment - Utility Agreement 2798 Overseas Highway, Marathon, FL 33050 With a copy to: Monroe County Engineering Services Department Attn: Director Subject: Right -of -Way (Road) Abandonment - Utility Agreement 1100 Simonton Street, boom 2-216 Key West, FL 33040 3 of 20 With a copy to: Monroe County Attorney's Office Subject: Right -of -Way (Road) Abandonent - Utility Agreement Ill l 12th Street, Suite 408 Key West, FL 33040 6. Construction ,and Interpretation. Any and all construction(s) or interpretation(s) of Monroe County Comprehensive Code provision(s) and :Monroe County Code(s) provision(s) shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight on trial and on appeal; and 7. Recordation. The PETITIONER(s) hereby agree(s) to and shall, once this Agreement has been executed by PETITIONER(s) and the County, file this Agreement with the Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record this Agreement together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and 8. Amendment, Modification, or Release, and Recordipy..Whereto. No amendment(s), modification(s), or release(s) to this Agreement is/are effective unless the County agrees, consents, and joins in writing thereto. The PETITIONER(s) shall file any such properly executed amendment(s), modifications), or release(s) to this Agreement with the Clerk of the Circuit Court of Monroe County together with all appropriate and required collateral instrument(s), and shall record such properly executed amendment(s), modification(s), or release(s) together with all appropriate and required collateral instrument(s) in the Official Records of Monroe County, Florida, and shall pay any and all costs associated with such recordation; and A. The PETITIONER(s) hereby agree(s) to and shall submit a copy of this filed and recorded Agreement together with (simultaneously in date and time with) all future development applications relating to the/his/her/its/their property described in Paragraphs 2 or 3 above. Such submission by PETITIONER(s) shall be to the aency(ies), departrnent(s), and office(s) in receipt of or otherwise receiving such development application(s). This requirement is non-exclusive to Monroe County agencies, departments, and offices, and is to be construed as inclusive of all reviewing federal, state, Monroe County, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s), such that the PETITIONER(s) must so simultaneously furnish a copy of this filed and recorded Agreement to any and all federal, state, Monroe Country, and local agencies, departments, and offices in receipt of or otherwise receiving such development application(s); and L. The PETITIONE (s) shall reference this filed and recorded Agreement, including the recording book and page number(s) and document number(s) of this Agreement in any 4 of 20 future instrument conveying title to or an interest in the property described in Paragraphs 2 or 3 above; and C. The PETITIONER(s) shall insert the terms and restrictions of this Agreement into any subsequent deed or other legal instrument by which he/she/it/they divest(s) himself/herself/itself/themselves of any title to or interest in the property described in Paragraphs 2 or 3 above; and 10. Joint -and -Several Viability. If the PETITI NE (s), or any other non -County natural person(s) or legal person(s) are party(ies) to any suit, action, or proceeding, in law or in equity, initiated, cross -initiated, counter -initiated, or otherwise filed by the County to enforce any provision(s) or term(s) contained herein, and consist(s) of more than one person(s) or entity(ies), such person(s) and entity(ies) shall be jointly and severally liable; and 11. Non -Assignability. This Agreement shall not be independently assignable or severable from the subject property's conveyance instrument by the PETITIOE (s), or by any other non -County party with title to or an interest in the property described in Paragraphs 2 or 3 above, unless such assignment or severance is first approved by Monroe County Board of County Commissioners (hereinafter "BOCC") Resolution; and 1. Transfer Notice. The PETITIONER(s) shall provide written notice to the County of the transfer of any title to or interest in the property described in Paragraphs 2 or 3 above at least thirty (30) days prior to the date of such transfer. Failure of the PETITIONER(s) to perform any act required by this Section shall not eliminate this requirement or the County's rights arising from, relating to, or in connection with this requirement, and shall not impair the validity of this Agreement or limit its enforceability in any way; and 13. Notice and Service of Process - To_P TITIQNE (s}. All notices, consents, approvals, or other communications to the PETITIONER(s) shall be in writing and be deemed properly served if, unless otherwise provided in this instrument, sent by U.S. Postal Service, Certified. Mail, return receipt requested, to his/her address of record with the Monroe County Property Appraiser's Office or to his/her address of record with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon PETITIONE (s), the County shall, in addition to the preceding sentence's method of notice and service of process for the purposes herein, be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to M Florida Statutes §§ 49.011(1)-(2) (2015), 49.011(5) (2015), 49 021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative 5 of 20 proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08-09 (2015), (for non -foreclosure action proceeding notice(s)) 49.10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49.10(c) (2015), and/or pursuant to 1) Florida Statute § 49.11 (2015), Notice constructively served pursuant to such election shall be deemed properly served for the purposes) herein. Actual notice is not required under this Section, and 14. Notice and Service of Process - To Let -ail P'erson(s). In the eventPETITIONER(s) comprise(s) a registered business entity, corporate entity, or similar legal person, all notices, consents, approvals, or other communications to such entity shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address of such entity's Registered Agent as shown in the public records of the Florida Department of State - Division of Corporations (hereinafter "Sunbiz"), or its equivalent agency. Actual notice is not required under this Section. In the event PETITIONER(s) is/are a legal trust, all notices, consents, approvals, or other communications to such trust shall be in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, return receipt requested, to the mailing address(es) of the property described in Paragraphs 2 and 3 above, and to such trust's address(es) of record, if any, with the Monroe County Property Appraiser's Office or its address(es) of record, if any, with the Monroe County Tax Collector's Office. If, after one (1) unsuccessful attempt (in accordance with the preceding sentence) by the County to serve notice upon such legal person(s), the County shall, in addition to the preceding sentence's method of satisfying notice and service of process for the purposes herein, also be entitled to satisfy this Section's sufficiency of notice and service of process requirement(s) by subsequent election to serve such notice pursuant to Florida Statutes §§ 49.011(l)-(2) (2015), 49.011(5) (2015), 49.021 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.031 (2015), (applicable if an action or administrative proceeding has conu-nenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.041 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.051 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.061 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.071 (2015), (applicable if an action or administrative proceeding has commenced or otherwise been formally initiated by filing in accordance with applicable rules of procedure) 49.08-09 (2015), (for non -foreclosure action proceeding notice(s)) 49,10(1)(a) (2015), (for foreclosure action proceeding notice(s)) 49,10(c) (2015), and/or pursuant to LUII Florida Statute § 49.11 (2015). Notice constructively served pursuant to such election shall be deemed properly served for the purpose(s) herein. Actual notice is not required under this Section; and 15. Default Notice. Unless otherwise provided in this Agreement, in the event of breach or violation of any provision(s) or term(s) hereunder by PETITIONER(s), the County shall IN*Tdwl provide written "Notice of Default" or "Notice of Violation" to the defaulting PETITIONER(s), and such defaulting PETITIONER(s) shall have the right to cure such breach(es) or violation(s) within thirty (30) days of receiving notice of such breach or violation; and 16. Enforcement. A. In the event of any breach or violation of any condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to unilaterally terminate this Agreement, and to proceed at law or in equity as may be necessary to ensure compliance with the condition(s), provision(s), or term(s) hereof, remediation thereto, and to otherwise the breach or violation of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary, and permanent injunction, including ex parte action and motion for such injunction(s), it being agreed that the County would have no adequate remedy at law, or such other legal method as the County deems appropriate. Uncured breach or violation of this Agreement shall, without any additional notice beyond this Agreement's recordation, entitle the County to immediately suspend and/or rescind, without liability to the County, development applications and pending or issued permits, approvals, or inspections reliant upon PETITIONS R's full and proper performance of this Agreement, or otherwise arising from, related to, or In connection with this Agreement, except for those permits, approvals, and inspections necessary to cure such breach or violation. County enforcement action(s) thereto shall be at the County's discretion, and PETITIONER(s) hereby agrees to and shall pay for all costs associated with such County enforcement action(s). Failure of the PETITIONER(s) to comply with or perform any act required by or under this Agreement shall not impair the validity of this Agreement, and County delay or failure to enforce, however long continued, shall not be deemed a waiver or estoppel of the County's right to do so thereafter as to any such violation or breach, and no alleged County waiver or estoppel of any breach of any condition, provision, or term contained herein shall be construed as waiver or estoppel of any succeeding breach or violation of the same condition, provision, or term; and B. In the event of any suit, action, or proceeding, in law or in equity, by the County to enforce the condition(s), provision(s), or term(s) contained herein, if the County prevails in any such suit, action, or proceeding, on trial or appeal, the County shall be entitled to reasonable attorney's fees, including trial, appellate, bankruptcy, and post judgment costs and collection proceedings for the maintenance or defense of any such suit, action, or proceeding, to be paid by the losing party(ies) as fixed by the court. Any order or judgment so rendered in favor of the County in connection with any such suit, action, or proceeding arising out of, related to, or in connection with this Agreement, shall bear interest at the highest rate allowed by law. The County may recover reasonable legal and professional fees attributable to the preparation, administration, and enforcement of such suit, action, or proceeding, from any person(s) and/or entities) from or to whorn a demand or enforcement request is made, regardless of actual initiation of a suit, action, or proceeding. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes; and 7 of 20 C. Cumulative Remedies. In the event of any breach or violation of the condition(s), provision(s), or term(s) contained herein, the County shall, without liability to the County, have the right to proceed at law or in equity as may be necessary to enforce compliance with such conditions, provisions, and terms, to enjoin activities, construction, maintenance, practices, repairs, and uses non -compliant with the conditions, provisions, and terms contained herein, and to otherwise prevent the breach or violation of any of them, to collect damages, and both authorized and entitled to enforce this Agreement by emergency, preliminary, and permanent injunction, including by ex parte motion and action for such injunction(s), it being hereby expressly and specifically agreed that the County has no adequate remedy at law, or such other legal method as the County deems appropriate. All rights and remedies accruing to the County shall be assignable in whole or in part and be cumulative; that is, the County may pursue such rights and remedies as the law and this Agreement afford it in whatever: order the County desires and the law permits. The County's resort to any one law(s) and/or remedy(ics) in advance of any other shall not result in waiver or compromise of any other law(s) and/or rernedy(ies). The PETITIONER(s) hereby agree(s) to and shall pay for all costs associated with the County's enforcement action(s) thereto; and 17. Dispute Resolution - Meet -and -Confer Prerequisite. The PETITIONER(s) hereby agree(s) that as a first condition precedent to his/her/its/their initiation of litigation or adversarial administrative proceedings against the County in the form of a suit or action arising out of, related to, or in connection with this Agreement, shall first, prior to the initiation of such suit or action, attempt to resolve their dispute(s) and disagreement(s) by a meet -and -confer session between himself/herself/itself/themselves and Monroe County Planning & Environmental Resources Department staff and counsel to the Monroe County Planning & Environmental Resources Department. if no resolution can be agreed upon within thirty (30) days after the occurrence of the aforesaid meet -and -confer session, such issue(s) shall next (second), as a second condition precedent to the initiation of such suit or action, be discussed at a public meeting of the Monroe County BOCC occurring in the same geographic sub -area as the geographic location of this Agreement (i.e., Upper Keys - Key Largo, Middle Keys - Marathon, Lower Keys - Key West). The PETITIONER(s) hereby agree(s) that in the event he/she/it/they so initiate such suit or action without satisfying both of these conditions precedent to their initiation of litigation or adversarial administrative proceedings against the County, that the County shall be automatically entitled to an Order granting Grantee's Motion to Dismiss and Florida Statute § 57.105 (2015) Motion for Sanctions and Attorney's Fee (or, at Grantee's election (if applicable), their Florida statutory equivalent(s), Federal equivalent(s), or non -Florida legal equivalent(s)); and 18. Limitation of Liability. A, In the event of any litigation or adversarial administrative proceedings concerning the condition(s), provision(s), or term(s) of this Agreement, the PETITIONER(s) hereby agrees to expressly waive his/her/its/their right to a jury trial and shall be treated as having expressly waived his/her/its/their right to a jury trial; and B. Hold Harmless and In a ifieation. The PETITIONER(s) hereby hold(s) the County harmless from the claims of all persons and entities for action(s), inaction(s), activity(ies), damage(s), expense(s), proposed or undertaken construction, development, or similar work, and loss(es) occurring on the property described in Paragraphs 2 or 3 above, and hereby expressly agrees that the County shall not be liable for any injury(ies) allegedly caused by the tools, materials, or equipment used by the PETITIONE (s), its employees or agents, or used by the P'ETITIONE 's contractor(s), or its (contractor(s)) employees or agents. The ETITIONER(s) further agree(s) to indemnify and defend the County, its officers, employees, and agents, from any and all claims for bodily injury (including death), personal injury, business damage(s), property damage, and any other losses, damages, and expenses (including attorney" s fees), allegedly arising from, related. to, or in connection with this Agreement or construction, development, or similar work undertaken thereto; and C. Hazardous, Toxic, RadioactiveSubstances. The PETITIONER(s) hereby expressly waives its rights to file or otherwise initiate or pursue any claim(s) against the County for personal damage or injury, or damage or injury to property, that is allegedly caused by the allegedly negligent or grossly negligent action or inaction of the County or an officer, employee, or agent of the County, which allegedly arises from, was or is related to, or was or is in connection with this Agreement, or County authorization(s), activity(ies), or inactivity(ies) thereto, and further holds the County harmless from the claims of all persons for the action(s), inaction(s), activity(ies), damage(s), expense(s), and loss(es) occurring on the property described in Paragraphs 2 and 3 above, and further indemnifies the County for all liability arising from any discovery of hazardous, toxic, or radioactive substance materials on the property described in Paragraphs 2 and 3 above, and, in the event such material is discovered, the County shall not be responsible for, and the PETITIONER(s) shall be responsible for, the removal of such materials following coordination and written approval by the County. The term(s) "hazardous, toxic, or radioactive substance material" shall mean any hazardous, toxic, or radioactive substance material, matter, or waste, which is or becomes regulated by any federal, state, or local law, ordinance, order, rule, regulation, code, or any other governmental restriction or requirement and shall include petroleum products and asbestos as well as improper or excessive storage of or use of common household cleaning and landscaping chemicals, pesticides, batteries, and the like, and those materials defined as hazardous substance or hazardous waste in the Comprehensive Environmental Response Compensation and Liability Act and/or the Resource Conservation and Recovery Act. The PETITIONER(s) shall immediately notify the County of any discharge or discovery of any hazardous, toxic, or radioactive waste at, upon, under, or within the property described in Paragraphs 2 and 3 above, and the PETITIONER(s) shall, at his/her/its/their cost and expense, comply with all remedial measures required by any governmental agency having jurisdiction thereto. The PETITIONER(s) hereby warrant(s), represent(s), and attest(s), that to the best of his/her/its/their knowledge, the property described in Paragraphs 2 and 3 above are free of any such waste(s), and the PETITIONER(s) hereby agree(s) that the County shall not be liable for environmental damages arising from, related to, or in connection with this Agreement and the property described in Paragraphs 2 and 3 above, and further agree that he/she/it/they shall be exclusively liable for environmental damages according to the extent made so by law for periods following the effective date of this Agreement, and D. The PETITIONER(s) hereby agree(s) that no charge(s) or claim(s) shall be made by it for any delay(s) or hindrance(s) allegedly attributable to the County during the progress of any portion of or during the effective date of this Agreement; and 19. No County Compensation or Payment( . The PETITIONER(s) is and shall be exclusively and solely responsible for all costs and expenses required or incurred to/in the completion of any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is hereby mutually and expressly understood by PETITIONER(s) and the County that the County shall be responsible for no cost(s) and shall incur no cost(s) arising from., related to, or in connection with any utility relocation project(s) arising from, related to, or in connection with this Agreement. It is further mutually and expressly understood that there are no third -party beneficiaries to this Agreement, and that no Contractor, or any other person or entity, shall look to the County for compensation arising from, related to, or in connection with such utility relocation project(s); and 20. No Waiver.. The County shall not be deemed to have waived any rights under this Agreement unless such waiver has been given within this instrument expressly, specifically, and unambiguously; and 21. No Personal Liability. The County expressly reserves and in no way shall be deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any other similar defense, immunity, exemption, or protection against any suit, cause -of -action, demand, or liability. Further, no covenant, provision, or term of this Agreement shall be deemed to be a covenant or agreement of any officer, employee, or agent of the County in his or her individual capacity, and no officer, employee, or agent of the County shall be liable personally in this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement; and 22. Non elianse by Third -Parties. No person(s) or entity(ies) shall be entitled to rely upon the terms, or any of them., of this Agreement to enforce or attempt to enforce any third -party claim(s) or entitlement(s) to or benefit(s) of any services), term(s), or program(s) contemplated hereunder; and 23. authorized Signatory: The signatory(ies) for PETITIONE (s), below, hereby attest(s), certify(ies), and warrant(s) that; A. The PETITIONER's name as set forth in this Agreement is his/her/its/their full and correct legal name (if a legal person/entity, as designated in its corporate charter and as formally registered with the State, or, if a trust entity, as designated in its original trust instrument, as amended). B. The individual(s) executing this Agreement is/are duly authorized to so act and execute this Agreement on PETITIONER's behalf. C. If/As applicable, this Agreement has been duly approved by the PETITIONER's Board of Directors and/or members, consistent with and compliant with PETITIONER's Articles of Incorporation, Bylaws, and all federal, state, and local laws and regulations. D. If PETITIONER(s) comprise(s) a legal person/entity, PETITIONER(s) shall provide the County with an official list of its current Board of Directors and managers, a properly executed and notarized corporate resolution approving this Agreement, a copy of its current Articles of Incorporation (including all amendments thereto), and a copy of its current Bylaws. 24. Co Hance with Laws. The PETITIONER(s) hereby attests that it has and shall comply with all Articles of Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations applicable to this Agreement and to construction and/or development activity(ies) arising from, related to, or in connection with this Agreement at the property described in Paragraphs 2 and. 3 above. The PETITIONER(s) shall obtain all necessary and/or required permits, approvals, inspections, and authorizations as may be required by such Articles of Incorporation, Bylaws, laws, ordinances, governmental rules and regulations, and local, state, and federal governments and agencies; and 25. jurisdiction, Venue, and Governing Laws. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida and the United States. Exclusive venue for any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action to enforce provisions or terms contained herein and prevails in any such action, on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition existing at the time of execution and recordation of this Agreement. These remedies are in addition to any other remedy, fine, or penalty which may be applicable under including, but not limited to, Chapters 162, 373, and 403, Florida Statutes, and any other action at law or in equity; and 26. Miscellaneous. A. Financial Responsibility and No fledge of Credit. The PETITIONER(s) shall not pledge the County's credit or snake it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness; and B. Duty to Cooperate. Where required under this Agreement or related agreernent(s), the FETITIONER(s) shall cooperate with the County's reasonable requests regarding the provisions and terms contained herein; and 27. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If any condition, obligation, right, or term of this Agreement, or any portion(s) thereof, is/are held to be invalid or unenforceable in or by any administrative hearing officer or court of competent jurisdiction, the invalidity or unenforceability of such condition, obligation, right, or term, or any portion(s) thereof, shall neither limit nor impair the operation, enforceability, or validity of any other condition, obligation, right, or term of this Agreement, or any remaining portion's) thereof. All such other conditions, obligations, rights, and terms, and remaining portion(s) thereof shall. continue unimpaired in full force and effect; and 28. Captions and Paragraph Headings. Captions and paragraph headings, where used herein, are inserted for convenience only and are not intended to descriptively limit the scope and intent of the particular paragraph or text to which they refer, and 29, authority to attest. Each party to this Agreement represents and warrants to the other that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary corporate and other organizational action, as rewired, and M Binding Effect. The conditions, obligations, provisions, rights, and terms of this Agreement. shall bind and inure to the benefit of the County and PETITIONER(s) and their respective personal representative(s), successor(s), and assign(s), and all such conditions, obligations, provisions, rights, and terms shall be construed as running with the land described in Paragraphs 2 and 3 above such that all subsequent title-holders and parties in interest to said property(ies) shall be bound by this Agreement and all of its conditions, obligations, prevision, rights, and terms. However, neither this Agreement, nor any part of it, may be conveyed, assigned, or otherwise transferred by or from the PETITIONE (s) or its personal representative(s), successor(s), or assign(s), absent County approval as set forth in this Agreement. Any such transfer absent County approval as set forth above shall immediately render this Agreement voidable at the County's election and the County shall not be liable to PETITIONS (s), its personal representative(s), successor(s), or assign(s), or any third-party(ies), for any damage(s) or injury(ies) allegedly sustained by the County's lawful election to so void this Agreement on the basis of such unauthorized transfer (transfer absent County approval as set forth above); and This Agreement is made in reliance upon information, representations, and documents provided by the PETITIONER( ). If, at some later date, Monroe County determines that such information, representations, and/or documents contained false or misleading information material to the County's consideration and assent to this Agreement, the County reserves the right, in its discretion, to revoke such consideration and assent and to rescind this Agreement and to pursue all remedies at law and equity, for injuries to the County caused by the submission of such false or misleading material information. EXECUTED ON THIS 11<- , /615"�i a\ t1 Witness No. 2 (Print Name) Witness No. 2 (Signature) day of " r_ , 201L, PETITIONER(S) Petitioner No. l (Print Dame) Date (Print) Authorized Official Capacity (Applicable if Entity Petitioner Executing Through Entity Owner's Witness No. 1 (Print Name) Witness No. l (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) COUNTY OF 'A Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/ Position)) Non -Entity Petitioner's/Non-Entity Petitioner's Principal Mailing Address (Print) Entity Petitioner - Mailing Address (Print) Entity Petitioner - Registered Agent Name (Print) Entity Petitioner - registered Agent Mailing Address (Print) Petitioner No. 2 (Print Name) Petitioner No. 2 (Signature) Date (Print) The foregoing instrument, Right -of -Way Abandonment reement for Utility g d tbefore me his l��elocatiobn� w s acknowledged an attested o tday of Avaho is personally kilo n to me or produced as proof of identification and did take an oath, and by AkY , who is personally known to me or produced as proof of identification and did take an oath. �M:ELLY E'� RES dt�Ah9135i 1y # PICK E;'February 25, 2019y-4 `+�3l�rao+,a SerWcr.eorr In Witness Whereof, Monroe County hereby accepts this Right -of -Way Abandonment Agreement for Utility Relocation and executes this instrument on the date set forth below. First Witness (Print Name) First Witness (Signature) Second Witness (Print Name) Second Witness (Signature) Approved as to Form and Legal Sufficiency by: State of Florida For Monroe County, Florida: Director of Engineering Services (Print Name) Director of Engineering Services (Signature) Date (Print) Monroe County Attorney's Office Before me, the undersigned authority, personally appeared who is personally known to me, or has produced identification. Acknowledged to me this Notary Name and Number (Print) day of as • i •, .�Jr, �w (If Applicable) Florida Keys Aqueduct Authority_ , whose address is 1100 Kennedy :Drive _ .i, (Name of Utility Company/Entity) City of Ke `Nest State of Florida , having the subject utility interest, such interest being more particularly described as a 4 inch water main with flush out and water meter located within the right of way of Spanish Main Drive which se crates Lots 5,6 & 7 Block 19 Cutthroat Harbor Estates First Addition and, if applicable, such interest having been recorded at Book , Page , and Document Number , in the Official Records of Monroe County, Florida, this interest being more particularly legally described as fellows: 9 I CudJoe Plat Book:Page: Approximate Mile Marker: .. 00186840.000000 The above -named utility/entity hereby consents and joins in the foregoing Right -of -Way Abandonment Agreement for Utility Relocation, executed at (Place of Execution) L-- , on the date indicated below. (Place of Execution) IN WITNESS WHEREOF, the above -described utility/entity hereby executes this Consent and rfoinder to Right -of -Way Abandonment Agreement for Utility Relocation. t,hey'g .. "0. '1 ... 'B" k E.J y° -•"I Witness No. 1 (Print Name) Utility's Name/ Entity's Marne (Print Name) Vr tness No. 1 (Sigi te) Authorized Official on Behalf of Utility/Entity P' N t)I t Wit s No. 2 (Print Name) Witness o. 2 (Signature) ( not ame) Auth zed fiicial on Behalf of Utility/Entity (Si a 15 of 20 Authorized Official Capacity to Execute on Behalf of Utility/Entity (Print Title of Authorized Capacity/Position) J, 4QI- �A Utility's/Entity's Principal Mailing Address C,41 (Print) �< "N V, (-(e-- Utility's/Entity's Registered Agent (Print Name) I �—)eorwd" 'Af s, Knj uj&4,7PL Utility's/Entity's Registered Agent's Kiailing Address (Print) 5 Date (Print) STATE OF 8& COUNTYOld' MCnV-Q(� The foregoing Consent and Joinder to Right -of -Way Abandonment Agreement for Utility �:,� Relocation, was acknowledged and attested before me this - r, day of Fe -U� - Jnv �V�I who is ppr§�o n knQ., a tta)w.,or produced ... . . ............. ... as proof of identification and did take an oath. JANUET E. COLEY r � "�'COMMIaS�0:] 4y COMMISSION # EE 839443 Ai EXPIRE& January 29,2017 ` 7— Borided Thru Notary Publ U d jG n Wwriters Notary Public Seal • Notary Public (Print Name & Notary No.) N�4ary Public (Signature) (Name of Mortgagee) Whose address is State of City of , having a record interest, more particularly described as being the owner and holder of a mortgage dated given by in the original principal amount of - ("Mortgagee(s)"), to ("Mortgagor(s)") encumbering the real property described in that mortgage, which is recorded in Boob , Page , and Document Number , in the Official Records of Monroe County, Florida, and together with that certain Assignment recorded in , Page , and Document Number , in the Official Records of Monroe County, Florida, and together with that certain Modification recorded in , Page , and Document Number in the Official Records of Monroe County, Florida (said mortgage, assignment, and modification are hereinafter referred to as the "Mortgage"), in the lands described in the Right -of -Way Abandonment Agreement for Utility Relocation between Mortgagee(s) and Monroe County, Florida, Mortgagee hereby consents and joins in the foregoing Right -of -Way Abandonment Agreement for Utility Relocation, executed at on the date indicated below. (Place of Execution) IN WITNESS WHEREOF, Mortgagee grants this Joinder and executed this instrument on the date set forth below. Witness No. 1 (Print Name) Mortgagee (Print Name) Witness No. 1 (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) Mortgagee (Signature) Authorized Official Capacity (Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/ Position)) Date (Print) 17of20 [Gill 01ONaaLIKII a The foregoing instrument, .binder of Mortgagee to Right -of -Way Abandonment Agreement for Utility Relocation, was acknowledged before me this day of , 20 , by , who is personally known to me or produced as proof of identification and did take an oath. Notary Public Seal 18 of 20 Notary Public (Signature) 01 113 REAL WHEREAS, Uwe t l the PETITIONS (s), is/are the sole fee situp e title owner(s) of the certain below -described real property located in Monroe County, Florida, having a legal description as follows and which is shown on attached Exhibit `t ," which is hereby incorporated as if fully stated herein; arcel(s)/Lot(s)t Se LFP I Mock: l Subdivision. EtdQ Key: -v Plat Book: 5 Page: UD U Approximate MileMarker: 2. WHEREAS, it is true and correct that as of this date no liens, loans, mortgage encumbrances, or non -mortgage encumbrances, other than those in which Joinder(s) have been executed and submitted for this right -of -Way Abandonment Agreement for Utility Relocation, currently encumber the above legally described real property; and 3. NOW, THEREFORE, the undersigned PETITIONER(s) hereby states that the above legally described property is free of all liens, loans, mortgage encumbrances, and non - mortgage encumbrances at this time, other than those in which Joinder(s) have been executed and submitted as part of this right -of -Way Abandonment Agreement for Utility relocation. EXECUTED ON THIS Witness No. 2 (Prin ame) Witness No. 2 (Signature) day of _ 20 PETITI (S) Petitioner No. 1 (Print. Na\ne) Petitioner No. l (Signature) s Date (Print) Authorized Official Capacity (Applicable if Entity Owner Executing Through Entity Owner's Director, Officer, Trustee, or other Authorized Official (Print Title of Authorized Capacity/Position)) Non -Entity Owner's/Non-Entity Owners' Principal Witness No. l (Print Name) Witness No, 1 (Signature) Witness No. 2 (Print Name) Witness No. 2 (Signature) STATE k COUNTY OF L��fir'°`'' Mailing Address (Print) Entity Owner - Mailing Address (Print) Entity Owner - Registered Agent Name (Print) Entity Owner - Registered Agent Mailing Address (Print) Petitioner No. 2 (Print Naze) Petitioner No. 2 (Signature) Date (Print) The foregoing instrument, Right -of -Way Abandonment Agreement for Utilit Relocation, was acknowledged before me this ) day of . ' ALCECC VL1,. 20 by Ord who is personally Down to me 'r produced L as proof of identification and did take an oath, and by " -esft who is personally known to me or produced as proof of identification and did take an oath. KELLY CARRICK `my COMMISSION # FF203808 "+ 440/l 1763 EXPIRES Febras ry 25, 201 F1.rvd8N0+.a:.YS rvica.coro 0 20 of 20 (Signature) T 9M.111 Aqueduct Authority 1100 Kennedy Drive KeyllVest, Flor�da 33040 Telephone (305) 298-2454 10 Richard Deeoan 1082 Spanish Main Dri-e -u-a) -1 —i0- Y -Sr, luS-ome� ice C . -�, Building Depariment N'0-- �� COMIZ 11 j. ROL�fl Dean REC]Eky,ED �st�4,7t 3 A, PP -vli AM8 1 2 2015 opV" MONROE CO. PLANNING DEPT. 4. -20-1 V,„�4. 417 "ez -o be Fe! 'o pa\ g, a zhi Sin C r e 1 � ., FLOMDA KE'x-S AQUEDUCT AUTHORITY Nfar Mal rson D : ;7-ibj--Jon Design Supem- isor LOCATION MAR-IVTS MAP OF BOUNDARY SURVEY A PORTION Of THE ROW OF 5PANI5H MAIN DR[VE ADJACENT TO LOTS 7;. 6 � THE SOUTH z OF LOT 5; [5LOCK 19 CUTTHROAT HARDOR ESTATES EPRST ADDITION f"I" y1S END NAIL 0- P P 'NoSCREW I OE.K Mf LS a4906 FN❑ 3J4" if �, f lS 5490E Q` z Z a In 'THE NORTH z OF LOT 5 ,+ BLOCK 19 un �� U� PORTION OF SWANISH MACH DRIVE 1t5. TO BE ABANDONED13 r'y ono s - v ONE rn- n THE SOUTH 2 OF LOT 5 f� 6 f^ BLOCK 14PQC N. E. CORNER OF � q�F� �,o l'-v' ' /ego e� •l+.! LOT7. BLOCK 39 �©� �? �p1 ya C MDR IP �Yra� r FNC ).. IR pC^ POE No 16 No 11Z SRou fff 1'Iit N I ROD &CAP 3R �, sa s �y4 s,Bre SCALE: 1" _ 20' BEARING BASE: .,...r.i...n.nFaY"f3 112" IF M THE SOUTHERLY RIGhiT OF WAY ¢ 0 CAR, L3 2U63 LINE OF SPANISN MAIN DRIVE AS S6D°00'00"W AS DERIVED ¢ FROM PLAT V BLOCK 1> ALL ANGLES DEPICTED £'+ LOT 7 ARE 90 DEGREES UNLESS `x OTHERWISE INDICATED ADDRESS: 1082 SPANISN MAIN DRIVE i CUDIOE KEY. FL 33042 E LEGAL DESCRIPTION - POR7I:ON OF ROAD TO BE ABANDONED: (NEWLY AUTHORED BY THE UNDERSIGNED) A potion of Spanish Main Drive, CUS-THROATHARBOR ESTATES' FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe County, Florida, adjacent to Lots 5, 6, B 7, Block 19 of the aforementioned Plat, more particula Hy described try metes and bounds as follows: Commencing at the Northeast corner of Lot 7, Block 19 of CUTTHROAT HARBOR ESTATES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page 60, of the Public Records of Monroe ty, CounFlorida, thence bear 560"DOT 1"W along the Southerly right of vxay fine of Spanish Main Drive, a 25total right of way {width per said Plat, for a distance of 26.87 feet to a point, said point being the Point Of Begin ning; thence continue along said Southerly right of way line S60P00100` W for a distance of 78.30 to a point, said point being on the West right of way line of Spanish Main Drove per said plat; thence departing the said South right of way line, along said West right of way line North for a distance of 28.86 feet to a point, said paintbeing on the North right of way line of Spanish Main Dive per said Dial thence departing said West right of way line, along said North right of way line N50K00'00"E for a distance of 63.87 feet to the Point Of cu,vature of a curve concave Northwesterly, with a radius of 25.00 feet, and a delta of 60-06'00"; thence along said curve in a Northeasterly direction, for an arc lecy, ngth of 26.18 feet to the point of tangensaid point of tangency being on the West right of way line of Spanish Main Drive per said plat; chance departing said curve, along said West right of Wray line extended to the South right of way fine, South 43.30 feet back to the point of Beginning, containing 1,991 square feet (0504 acres), more or less. 2n [i Se 4RI Gc .SC M1--C f - S t Oi t P4.L. Sr t{p-fp S II '1 R4J7&/ .-S.— gr € nRss ems: c c -f1 P — ri - +E9 1 OF 1 a RIt RR LOT 6 r' Jj I J� J I J I J t / N lk %t O Cro P J `~ G J G wP -�20d`}-02�I vai LEGAL 6ESCRIPTIa N5 H-E BEEN FIItNISH_Q BY THE CLIENT OR Hi R-PaBBE NTATIVE. PUBLIC RECORDS HAVE: NC7` 5BEN RESEARCHER 6V TH.E 5-vvy IR TO RrERLIHE THE ACCURACY 6F THESE DESCRii TIOvs NOR HAVE 4010I:NINC PROPERTIES BISu RESEARCHED To PETERIIINE 4VERi OR HIATUS. CERTIFIED TO - —9 s__zu..r i ter.{.:-�o-,Ac c-Aam..r crlue-way.�r e L.o ox�,-ssRnr=a- SIC H{ARD DEEGAPV Is FLEECE & ASSOCIATES PROFESSIONAL SURVEYOR AND MAPPER, t87$A6 Arv, 177 111, RIRL ROAD, BIG PINE KEY, FL 33043 OFFICE (305)8�2-1348 FAX (305) 872 - 5622U.