Item H09MA "
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 resolution correcting a scrivener's error in the legal
description of a right-of-way abandonment Resolution No 407-2015 of Nautilus Street and Corsair
Road, Duck Key.
ITEM BACKGROUND: The Board approved a resolution providing public notice for abandonment
of a portion of the right-of-way of Nautilus Street and Corsair Road in Resolution 392-2015. The legal
description contained within was correct. The right of way abandonment was approved by the BOCC at
the December 9, 2015.public hearing however, the survey included an incorrect legal description;
subsequently the legal description for Section "A" in Resolution 407-2015 was incorrect. This
resolution corrects the error to a portion of the legal description for Section "A" of the abandonment
and the survey,
PREVIOUS RELEVANT BOCC ACTION.
November 1.7, 2015-.Adoption of Resolution No 392-2015 setting a public hearing for Dec 9, 2015
December 9, 2015- Approval of Resolution No 407-2015 granting the right of way abandonment
CONTRACT/AGREEMENT CHANGES:
N/
STAFF`' RECOMMENDATIONS -
Approval
BUDGETED: Yes No X
DIFFERENTIAL OF LOCALPREFERENCE: N/A
COST TO COUNTY:— N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING; Yes No X AMOUNT PER ONTH Year
t")
APPROVED BY: County Attorney'* OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Devised 6/15
a Petitioner: Amedeo & Lynn D'Ascanio
t l �
A RESOL-10TION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS CORRECTING
. • •
ERROR
. R IN THE r G AND DISCALMTNGa
PORTIONO OF
AND CORSAIR r +r DUCK
ADJACENT ,ORS O
THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE
•RECORDSO; COUNTY,
FLORID.i_
WHEREAS, an application was filed by Amedeo & Lynn D'Ascanio to abandon a
portion of the right -of --way of Nautilus Street and Corsair (toad of "Plantation Island", Duck
They, adjacent to Lot 1.4, Block 5 according to the plat thereof, recorded in flat Book 5, Page 82
of the public records of Monroe County, Florida
WHEREAS, the Board of County Commissioners of Monroe County, Florida, approved
Resolution No 392-2015 setting a public hearing for December 9, 2015; and
WHEREAS, at said public hearing, the Board approved the right of way abandonment as
recorded in Resolution No. 407-2015; and
WHEREAS, the survey and resolution contained an incorrect legal description of the
right of way abandonment for Section "A"; and
WHEREAS, a resolution correcting the scriveners error within the legal description is
necessary, and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaim any right of the County and public in and to the following described streets, alley -ways,
roads, or highways as delineated on the hereinafter described map or plat, to -wit:
Descrktion: (For Road Abandonment Section `"A "
A portion of Nautilus Street And Corsair Road Of "Plantation Island", Duck Key-, agjacent to Lot
14, Block 5 according to the plat thereof, recorded in flat Book 5, Page 82 of'the public records
of Monroe County, Florida and being more particularly described as follows:
13OCC March 23, 2016 Page 1 of 2
Commencing at the northeast corner of said lot 14, block 5, (a radial line from said point bears
north 82L'1526" east to the center point); thence north 82°15"26" east, along said radial line,
30.59,feet to a point on a curve concave to the east (a radial line from said point bears north
73°26'47" east to the center point); thence southeast along said curve concave to the east;
having a radius of 75.00 feet, a central angle of 29°36`47", an arc distance of 38.76 feet to a
point of tangency; thence south 46°10'00" east, 24..18 feet to a point of curvature of a curve
concave to the south, having a radius of 10.00 feet, a central angle of 48'18'29"for an arc
distance of'8.43 feet to a point of tangency; thence south 85°31 `31 " west, 6.57 feet to a point of
curvature of a curve concave to the northeast; having a radius of 50.00 feet, a central angle of.
86°43'55", an are length of•75.69' back to the point of'beginning. Containing 1520.21 square
feet.
Descrivtion: (For .Road Abandonment Section "B ")
A portion of -Nautilus Street and Corsair Road df "Plantation Island", Duck Key, adjacent to Lot
12 and 13, Block 5, according to the plat thereof, recorded in Plat Book 5, Page 82 of'the public
records of Monroe County, Florida and being more particularly described as follows:
Commencing at the northeast corner of lot 14, block 5, of saidplantation island (a radial line
from said point bears north 82 °15'26" east to the center point); thence north 82 °15 "26" east,
along said radial line, 30.59 feet to a point on a curve concave to the east (a radial line from
said point bears north 73"26`47" east to the center point); thence northeast along said curve,
having a radius of 75.00,feet, a central angle of 60°23'13", czn arc distance gf'79.05 feet to a
point on the southerly line of said lot 12 (said point also being on the northerly right of way line
of corsair road); thence south 43°50'00" west along said line, 49.97feet to a point of curvature
of a curve concave to the southeast, having a radius of 50.00 feet, a central angle ref 51 °35`59",
an arc distance of`45.03 feet back to the point of beginning. Containing 1174.52 square feet.
PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 23'0 day of March 2016.
Mayor Heather Carruthers
Mayor :Pro Tern George Neugent
Commissioner Danny L. Kolhage
Commissioner Sylvia J. Murphy
Commissioner David Rice
C Itf iisi •
BY
(SEAL) Mayor Heather Carruthers
ATTEST. AMY HEAVILl\1, CLERK
MONROE COUNTY ATTORNEY
By APP _ TO IFa`
Deputy Clerk STEV'EN T. V I VILLIAMS
ASSISTANT Chi NTY ATTORNEY
Bt7 C March 23, 2t71( Page 2 of 2 Date ' t; J
DESCRIPTION: (FOR ROAD ABANDONMENT "A")
A PORTION OF NAUTILUS STREET AND CORSAIR ROAD OF "PLANTATION ISLAND", DUCK KEY, ADJACENT TO LOT 14, BLOCK 5 ACCORDING TO THE PLAT THEREOF,.
RECORDED IN PLAT BOOK 5, PAGE 82 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 14, BLOCK S, (A RADIAL LINE FROM SAID POINT BEARS NORTH 82°15'26" EAST TO THE CENTER POINT;
THENCE NORTH 82°15 26" EAST', ALONG SAID RADIAL LINE, 30.59 FEET TO A POINT ON A CURVE CONCAVE TO THE EAST (A RADIAL LINE FROM SAID POINT BEARS
NORTH 73°26`47" EASTTO THE CENTER POINTI THENCE SOUTHEAST ALONG SAID CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 75.40 FEET, A CENTRAL
ANGLE OF 29a36'47" AN ARC DISTANCE OF 38.76 FEET TO A POINT OF TANGENCY THENCE SOUTH 46- 10 00" EAST 24.18 FEET TO A POINT OF RVA CU TURE OF A
CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 10.90 FEET, A CENTRAL ANGLE OF 48E18'29" FOR AN ARC DISTANCE OF 8.43 FEETTO A POINT OF
TANGENCY;THENCE SOUTH 85-3111` WEST, 6.57 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST', HAVING A RADIUS OF 50.00 FEET, A
CENTRAL ANGLEOF 86 43 55", AN ARC LENGTH OF 75.69' BACK TO THE POINT OF BEGINNING. CONTAINING 1520.2.1 SQUARE FEET
DESCRIPTION: {FOR. ROAD ABANDONMENT ("B"j
A PORTION OF NAUTILUS STREET AND CORSAIR ROAD OF `PLANTATION ISLAND", DUCK KEY, ADJACENT TO LOT 12 AND 13,
BLOCK 5, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 5, PAGE 82 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 14, BLOCK 5, OF SAID PLANTATION ISLAND (A RADIAL LINE FROM SAID LOT 11
POINT BEARS NORTH 82-IT28" EAST TO THE CENTER POINT); THENCE NORTH 82e 15'26" EAST, ALONG SAID RADIAL LINE,
30.59 FEET" TO A POINT ON A CURVE CONCAVE TO THE EAST (A RADIAL LINE FROM SAID POINT BEARS NORTH 73s26'47° In.PRou^Eo �'
EASTTO THE CENTER POINT); THENCE NORTHEAST ALONG SAID CURVE, HAVINGA RADIUS OF 75.00 FEET, A CENTRAL
ANGLE OF 60°231.3", AN ARC DISTANCE OF 79.05 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 12 (SAID
POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE Or CORSAIR ROAD); THENCE SOUTH 43"50'00 ` WEST ALONG j/f 044y!
SAID LINE, 49.97 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 50,00 @4�~L r L+ FF
FEET, A CENTRAL ANGLE OF 51-35-59" AN ARC DISTANCE OF 45.03 FEET BACK TO THE POINT OF BEGINNING. CONTAINING a�/ 7 <Y
1174.52 SQUARE FEET. A f /
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MAP OF BOUNDARY, TOPOGRAPHIC
& MEAN HIGH WATER LINE SURVEY
LOT 14, BLOCK 4
PLANTATION ISLAND
N DUCK KEY (PB 5-82)
IN BI 1, C
IN Bax PVT
COUNTY,MONROE FLORIDA
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'w rc' SN&D IN uPW NO lO
MEANDER l iM EL.90V GvU 29 ---,' !, ,F"- _ a �'�. 'k,5 ADDRESS:
I � {EL 7 90 MAW aaf
'fa SHORELINE ~x. BLOCK 5 R=50.49' C s' `vM1 LB oa k f 202 NAUTILUS STREET
{) LOT 14 () : k DUCK KEY FLORIDA
127 t P " L 75.69' (C) ,IS
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"P„.. VACANT .Ta° } `.t°+ e�iar \ ELEVATIONS SHOWN AS
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u i At (EL lop ..4� { - lry. VERTICAL DATUM
w as w rND [P \1-`1 ELEVATION55HOWN AS
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v6'lEl 1]) of vE(EL 1a) 2 • NO 10 A4 VERTICAL DATUM
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o ,! ! V. R.- 84
Ail ` FILE NUMBER, IS 4 5613 A5 PER FIRM MAPS
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y"-tDs C' t HAVE CONSULTED THE FEDERAL
g i' -k" - W P LOT lb BENCHMARK USED: PID AA4366
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o ' I; _- _ 1 M)SO CURVE TABLE
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s
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THE HEREON DESCRIBED PROPERTY APPEARS
- _ .._ SURVEY COMPLIES WITH CHAPTER
LOT 1E L11 ____24.1B sa6" It DO^E C4 45 as sa Bol 91«3s'S9^ ( 177, PART 1I, FLORIDA STATUTES TO (E. IN FLOOD ZONES:
-', AND NAIL _...._._- --. .. --__ _ VE {EL 11), AE (EL 10)ANDAE (EL9)
B. RISK. LB 4819 IMPRavEa
AT 196.11' THE MEAN HIGH WATER ELEVATION HORIZONTAL. &VERTICAL MEASUREMENTS
ROAD ROAD AS SHOWN HEREON WAS ESTABLISHED WEREOBTAINED USING A TOTAL STATION
05/01115 - REVISED ELEVATIONS TO REFLECT FILL ADDED TO SITE - INV #15042301 - KK ';, : ABANDONMENT ABANDONMENT BY MEAE)CTN
THE ELEVATION SHOWN'.. & TDS RANGER DATA COLLECTOR.
AREA "B" AT NEAN HIGH WATER INTERPOLATION
it/ 10/15 -REVISED TO ADD ROAD ABANDONMENT & LEGALS - KK AREA "A' ... POINT NO. 3098
1/22/16 - REVISED TO ADO LEGALS. - KK
LEGAL IDESCRIS'TIOPI'- CERTIFIED TO - WorEs ar. ,TIE e .
D'As19n Saufce: -1 onnazwz —.. s1
Lot 14, Block 15, PLANTATION ISLAND, DUCK KEY,. according to the ( THIS ctUs EAENE TOr Tus APTES -
Plat thereof as retarded in Plat BOOK 5, Page 82, of the PObllc'. Retards Gray Nesbit, 11 Residence Trust No. 2 ,sTf s a �ufP u+6» By AW+.O W€A € r O _
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Petitioner; Amedeo & Lynn LYAscanio
• i' 1 ! ► ��! ►r, ' • if
WHEREAS, the Beard 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,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on December 9,
2015,.at the Murray Nelson Government Center, 102050 Overseas Highway, Ivey Largo,
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 snap or plat, to -wit:
Description: (For Road Abandonment Section 'A ")
A portion of Nautilus .street and Corsair Road of "Plantation Island", muck Key, adjacent to Lot
14, Block 5 according to the plat thereof; recorded in flat Book 5, Page 82 cif the public records
of Monroe Count', ,Florida and being more particularly described as.follows:
Commencing at the northeast corner of said lot 14, block 5, (a radial line from .said Point
bears north 82°1526" east to the center point)- thence north 82°1526 east, 30.59 feet to
a point on a curve concaving to the east (a radial line firom said Point bears north
73°26'47" east to the center Point); thence southeast along ,said curve concave to the
east, having a radius of 7.5.00 feet„ a central angle of 29°3647". an arc distance of 38.76
,feet to a point of aangency; thence south 46°10'66" east, 24.18 feet to aPoint of curvature
of a curve concave to the south, having a radius of I0.00 feet, a central angle of.
48"18'24" for an arc distance of 8.43 feet to a,point of tangency; thence .south 85°31'31'°
west, 6.57 feet to a .point of curvature of a curve concave to the northeast, having a
radius gf50.00 feet, a central angle of 86°43'55", can arc length of 75.69' back to the
point of commencement. Containing 1520.21 square feet.
File #€ 2015-094 Page I of 2
Description: (for Road Abandonment Section "B ")
A portion of Nautilus Street and Corsair Road of "Plantation Island", Duck Key, adjacent
to Lot 12 and 13, Block 5, according to the plat thereof recorded in Plat Book 5, Page 82
of the public records of Monroe County, Florida and being more particularl�)) described
as follows:
Beginning at the northeast corner qf said lot 14, block 5, (a radial line from said point
bears north 82'15'26" east to the centerpoint); thence north 82'1526" east- along said
radial line, 30.59ftet to a point on a curve concave to the east (a radial line from said
point bears north 73'2647" east to the center point); thence northeast along said curve,
hating a radius of 75, 00feet, a central angle qf 60'23'13 ", an arc, distance of 79.05 feet
to a point on the southerly line of said lots 13 and 14 (said line also being the northerly
right of wa-y line qf Corsair Road): thence south 43'50'00" west along said line, 49.97
feet to a point of curi)(iture of a curve concave to the southeast, having a radius oj'501.00
feet, a central angle of 51'3559" an are distance of 45.0-ifeet back to the point of
connnencenzent. Containing 1174.52 squarefieet,"
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 17"' day of November, 2015
Z-- tl
Mayor Heather Carruthers
Mayor Pro Tern George Naugust
Commissioner Danny L. Kolhage
C�
Commissioner Sylvia J. Murphy
Commissioner David Rice
IN
File # 2015 -094
Page 2 ol'2
ye 5
Not Present
ylez-
Yes
Yes
Lim
Pelitioner: Ainedco & Lynn D'Ascanio
A RESOLUTION OF THE MONROE COUNTY BOARD C'm
COUNTY COMMISSIONERS RENOUCING AN
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLI
IN AND TO THAT PORTION OF THE RIGHT-OF-WAY
NAUTILUS STREET AND CORSAIR ROAD
"PLANTATION ISLAND", DUCK KEY, ADJACENT TO LO
14, BLOCK 5 ACCORDING TO THE PLAT THEREO
RECORDED IN PLAT BOOK 5, PAGE ii
82 OF THE PUBLI
RECORDS OF MONROE COUNTY, FLORIDA,
WHEREAS, an application was filed by Arnedeo & Lynn D'Ascanio to abandon a
portion of the right-of-way of Nautilus Street and Corsair Road of "Plantation Island", Duck
Key, adjacent to I..,ot 14, Block 5 according to the plat thereof, recorded in Plat Book 5, Page 82
of the public records of Monroe County, Florida
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right of
way-, and
WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
C_�
right of the County and the public in and to the hereinafter described right of way as delineated
on the hereafter described map or plan; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF ON OE COUNTY, FLORIDA, that it hereby renounces and
disclaim any right of the County and public in and to the following described streets, alley -ways,
roads, or highways as delineated on the hereinafter described map or plat, to -wit:
Description: (For Road Abandownent Section "A ")
A portion of Nautilus Street and Corsair Road of "Plantation Island", Duck Key, adjacent to Lot
14, Block, 5 according to the plat thereof, recorded in Pilaf Book 5, Page 82 Qfthe public records
of Monroe Couqy, Florida and being inore particularly described asfollows:.
Coniniencing at the northeast corner of said lot 14, block 5, (a radial line frown said point
bears north 82'15'26" east to the center point ),- thence north 82'15'26 east, 30.59,feet to
BOCC December 9, 2015 Page I of 2
0
a paint on a curve concaving to the east (a radial line from said paint hears north
73'26'47" east to the center point); thence northeast along said carve concave to the
east, having a radius cif 75.00,feet, a central angle of 60°23'13", an arc distance of 79.05
feet to a paint on the southerly line of said Lots 13 and 14 (said line also being the
northerly right of way line of Corsair Road),- thence south 43°50'00"' , west along said
line, 49.97,feet to a point of curvature of a curve concave to the southeast, having a
radius of a radius of 50.00 feet, a central angle of 51'35'39", an arc distance cif 45.03
feet hack to the point cif commencement. containing 1174.52 square feet.
,Description: (for ,load Abandonment Section "B ")
A portion of'Nautilus Street and Corsair Road of "Plantation Island", truck Key, adjacent to Lot
12 and 13, Block 5, according to the plat thereof, recorded in Plat Book 5, Page 82 of the public
records of Monroe County, Florida and being more particularly described as follows
Beginning at the northeast corner of said lot 14, block 5, (a radical line from said point
bears north 82°1526" east to the center point); thence north 82'15,26" east„ along said
radical line, 30.59 feet to a point on a curve concave to the east (a radial lute from said
point bears north 7e302647" east to thecenter point); thence northeast along said curve,
having a radius of 75.00feet, a central angle of 60'23'13", an arc.' distance of 79,05 feet
to a point on the southerly line of said lots 13 and 14 (said line also being the northerly
right of way line of Corsair Road); thence south 43°50'00 " west along said line, 49.97
.feet to a point c?fcurvature of a curve concave to the southeast, having a radius of 5000
feet, a central angle cif 51"35'59" can arc distance of 45.03 feet back to the point of
commencement. Containing 1174.52 square feet.
PASSED AND ADOPTED by the Berard of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 91" day of December, 2015,
Mayor Heather Carruthers
Mayor Pro Tern George Neugent
Commissioner Danny L. Kolhage
Commissioner Sylvia J. Murphy
Commissioner David Bice
IN
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONE'
OF MONROE COUNTY, FLORIDA
ir►,!�91
STEVEN T. WILLIAMS
� r
BOCC December 9, 2015
Page 2 of 2