Item P024
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tem George Neugent, District 2
TheFloridaKeys
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
April 20, 2016
Agenda Item Number: P.2
Agenda Item Summary #1498
BULK ITEM: DEPARTMENT:
No Planning/Environmental Resources
TIME APPROXIMATE:STAFF CONTACT:
Mitzi Crystal (305) 289-2523
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING:
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; including agreement by applicant to
construct Turnaround within area to be abandoned and agreement for utility relocation as required by
Florida Keys Aqueduct Authority (FKAA)
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
. The applicant would like combine this area into his property and provide a
usable turn around area.
The applicant has provided a Right of Way Abandonment Agreement to Construct a Turnaround
(Exhibit I to the resolution) per Monroe County standards and a Right of Way Abandonment
Agreement to Relocate Utilities (Exhibit II to the resolution) for all utilities of the Florida Keys
Aqueduct Authority located within the right of way requested. Both agreements must be executed as
part of this right of way abandonment request. If the conditions of the agreements are not met by the
applicant within 180 days of effective date of the abandonment, the right of way will revert back
Monroe County.
PREVIOUS RELEVANT BOCC ACTION:
March 23, 2016- Adoption of a resolution setting a public hearing for April 20, 2016.
CONTRACT/AGREEMENT CHANGES:
N/A
DOCUMENTATION:
Resolution with Agreements-Deegan
4EGOIX4K
4
Turnaround Agreement Exhibit I- Deegan
Utility Agreement Exhibit II-Deegan
Staff Report- Deegan
ROW Abandonment Application File 2015-029-Deegan
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match
:
Insurance Required:
Additional Details:
STAFF RECOMMENDATION:
Approval
REVIEWED BY:
Mayte Santamaria Completed 04/05/2016 11:16 AM
Steve Williams Completed 04/05/2016 11:50 AM
Christine Hurley Completed 04/05/2016 1:25 PM
Mitzi Crystal Completed 04/05/2016 2:38 PM
Mayte Santamaria Completed 04/05/2016 2:42 PM
Christine Hurley Skipped 03/29/2016 11:46 AM
Mitzi Crystal Skipped 03/29/2016 11:46 AM
Mayte Santamaria Skipped 03/29/2016 11:46 AM
Kathy Peters Skipped 03/29/2016 11:46 AM
Kathy Peters Completed 04/05/2016 4:35 PM
Board of County Commissioners Pending 04/20/2016 9:00 AM
4EGOIX4K
4E
Petitioner: Richard E Deegan
RESOLUTION NO.____-2016
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS RENOUCING AND DISCLAIMING ANY RIGHT
OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF
THE RIGHT-OF-WAY 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.
WHEREAS,
an application was filed by Richard E Deegan to abandon a portion of Spanish
Main DriveCutthroat 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; and
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 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
WHEREAS,
the Board makes the following Findings of Fact and Conclusions of Law:
1.The applicant has agreed to construct a T-turnaround to Monroe County Standards at the
per the Right of Way
Abandonment Agreement for Turnaround Construction.
2.The applicant has agreed to relocate all Florida Keys Aqueduct Authority utilities located
meter per the Right of Way Abandonment Agreement for Utility Relocation.
File # 2015-029 Page 1 of 3
4EGOIX4K
4E
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
that it hereby
1.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:
%TSVXMSRSJ7TERMWL1EMR(VMZI'988,63%8,%6&36)78%8)7*-678%((-8-32EGGSVHMRKXS
XLI4PEXXLIVISJEWVIGSVHIHMR4PEX&SSO4EKISJXLI4YFPMG6IGSVHWSJ1SRVSI'SYRX]*PSVMHE
EHNEGIRXXS0SXW
4PEXQSVITEVXMGYPEVP]HIWGVMFIHF]QIXIW
ERHFSYRHWEWJSPPS[W
'SQQIRGMRKEXXLI2SVXLIEWXGSVRIVSJ0SX&PSGO SJ'988,63%8,%6&36)78%8)7*-678
%((-8-32EGGSVHMRKXSXLI4PEXXLIVISJEWVIGSVHIHMR4PEX&SSO4EKISJXLI4YFPMG6IGSVHWSJ
1SRVSI'SYRX]*PSVMHEXLIRGIFIEV7 ;EPSRKXLI7SYXLIVP]VMKLXSJ[E]PMRISJ7TERMWL
TSMRXFIMRKXLI4SMRXSJ&IKMRRMRK XLIRGIGSRXMRYIEPSRK
JSVEHMWXERGISJ XSETSMRXWEMHTSMRXFIMRKSRXLI;IWXVMKLXSJ[E]PMRISJ7TERMWL1EMR(VMZI
TIVWEMHTPEX XLIRGIHITEVXMRKXLIWEMH7SYXLVMKLXSJ[E]PMRIEPSRKWEMH;IWXVMKLXSJ[E]PMRI2SVXL
JSVEHMWXERGISJ JIIXXSETSMRXWEMHTSMRXFIMRKSRXLI2SVXLVMKLXSJ[E]PMRISJ7TERMWL1EMR
(VMZITIVWEMHTPEX XLIRGIHITEVXMRKWEMH;IWXVMKLXSJ[E]PMRIEPSRKWEMH2SVXLVMKLXSJ[E]PMRI
2 )EHMWXERGISJ JIIXXSXLITSMRXSJGYVZEXYVISJEGYVZIGSRGEZI2SVXL[IWXIVP][MXL
EVEHMYWSJ XLIRGIEPSRKWEMHGYVZIMRE2SVXLIEWXIVP]HMVIGXMSR
JSVEREVGPIRKXLSJ JIIXXSXLITSMRXSJXERKIRG]WEMHTSMRXSJXERKIRG]FIMRKSRXLI;IWXVMKLXSJ
[E]PMRISJ7TERMWL1EMR(VMZITIVWEMHTPEX XLIRGIHITEVXMRKWEMHGYVZIEPSRKWEMH;IWXVMKLXSJ[E]
PMRII\XIRHIHXSXLI7SYXLVMKLXSJ[E]PMRI7SYXLJIIXFEGOXSXLI4SMRXSJ&IKMRRMRKGSRXEMRMRK
WUYEVIJIIX
EGVIW
Q
2.Accepts and approves the Right of Way Abandonment Agreement for Turnaround
Construction attached as EXHIBIT I and the Right of Way Abandonment Agreement for Utility
Relocation attached as EXHIBIT II and made a part of this Resolution.
3.If the applicant fails to file for the permit to construct the Turnaround or relocate utilities
within 180 days of this approval, as stated in the agreement, the right of way will revert back to Monroe
County.
PASSED AND ADOPTED
by the Board of County Commissioners of Monroe County, Florida, at a
th
regular meeting of the Board held on the 20 day of April, 2016.
Mayor Heather Carruthers ____
Mayor Pro Tem George Neugent ____
Commissioner Danny L. Kolhage ____
Commissioner Sylvia J. Murphy ____
Commissioner David Rice ____
File # 2015-029 Page 2 of 3
4EGOIX4K
4E
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY__________________________
Mayor Heather Carruthers
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
By___________________________
Deputy Clerk
File # 2015-029 Page 3 of 3
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4F
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4G
4EGOIX4K
4H
1
2
MEMORANDUM
3
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 Mayté 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: %TYFPMGLIEVMRKXSGSRWMHIVXLIETTVSZEPSJEVIWSPYXMSRVIRSYRGMRKERH
17 HMWGPEMQMRKER]VMKLXSJXLI'SYRX]ERHXLITYFPMGMRERHXSETSVXMSRSJXLIVMKLX
18 SJ[E]SJ7TERMWL1EMR(VMZISR'YHNSI/I]XLEXMWEHNEGIRXXS0SXW
19 &PSGO SJMR'YXXLVSEX,EVFSV)WXEXIW*MVWX%HHMXMSREWVIGSVHIHMR4PEX&SSO
20 4EKISJXLI4YFPMG6IGSVHWSJ1SRVSI'SYRX]*PSVMHE
*MPI
21
BOCC Meeting: March 23, 2016 (set public hearing)
22
April 20, 2016 (public hearing)
23
24
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 Book 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 . 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 vacate.
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 1 of 6
4EGOIX4K
4H
1
2
Affected Property (outlined in yellow)
3
Proposed Abandonment
4
5 REVIEW OF APPLICATION:
6
7 The proposed abandonment portion is described as follows:
8
9 %HHMXMSREGGSVHMRKXSXLI4PEX
10 XLIVISJEWVIGSVHIHMR4PEX&SSO4EKISJXLI4YFPMG6IGSVHWSJ1SRVSI'SYRX]*PSVMHE
11 EHNEGIRXXS0SXW
4PEXQSVITEVXMGYPEVP]HIWGVMFIHF]
12 QIXIWERHFSYRHWEWJSPPS[W
13
14 'SQQIRGMRKEXXLI2SVXLIEWXGSVRIVSJ0SX&PSGO SJ'YXXLVSEX,EVFSV)WXEXIW*MVWX
15 %HHMXMSREGGSVHMRKXSXLI4PEXXLIVISJEWVIGSVHIHMR4PEX&SSO4EKISJXLI4YFPMG
16 6IGSVHWSJ1SRVSI'SYRX]*PSVMHEXLIRGIFIEV7 ;EPSRKXLI7SYXLIVP]VMKLXSJ
17
18 JIIXXSETSMRXWEMHTSMRXFIMRKXLI4SMRXSJ&IKMRRMRK XLIRGIGSRXMRYIEPSRKWEMH
19 TSMRXWEMHTSMRXFIMRKSR
20 XLI;IWXVMKLXSJ[E]PMRISJ7TERMWL1EMR(VMZITIVWEMHTPEX XLIRGIHITEVXMRKXLIWEMH7SYXL
21 VMKLXSJ[E]PMRIEPSRKWEMH;IWXVMKLXSJ[E]PMRI2SVXLJSVEHMWXERGISJ JIIXXSETSMRX
22 WEMHTSMRXFIMRKSRXLI2SVXLVMKLXSJ[E]PMRISJ7TERMWL1EMR(VMZITIVWEMHTPEX XLIRGI
23 HITEVXMRKWEMH;IWXVMKLXSJ[E]PMRIEPSRKWEMH2SVXLVMKLXSJ[E]PMRI2 )JSVE
24 HMWXERGISJ JIIXXSXLITSMRXSJGYVZEXYVISJEGYVZIGSRGEZI2SVXL[IWXIVP][MXLEVEHMYWSJ
25 XLIRGIEPSRKWEMHGYVZIMRE2SVXLIEWXIVP]HMVIGXMSRJSVER
26 EVGPIRKXLSJ JIIXXSXLITSMRXSJXERKIRG]WEMHTSMRXSJXERKIRG]FIMRKSRXLI;IWXVMKLX
27 SJ[E]PMRISJ7TERMWL1EMR(VMZITIVWEMHTPEX XLIRGIHITEVXMRKWEMHGYVZIEPSRKWEMH;IWX
28 VMKLXSJ[E]PMRII\XIRHIHXSXLI7SYXLVMKLXSJ[E]PMRI7SYXLJIIXFEGOXSXLI4SMRXSJ
29
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-way for Spanish Main Drive ends at an L shape
33 . The petitioner has submitted a road abandonment petition in
Richard E Deegan Abandonment Petition File #2015-029
Page 2 of 6
4EGOIX4K
4H
1 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
11
12
13
Proposed Abandoned (outlined in yellow)
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 Comcast, letter dated June 5, 2009
20 Monroe County Fire Marshal, letter dated August 10, 2015
Richard E Deegan Abandonment Petition File #2015-029
Page 3 of 6
4EGOIX4K
4H
1 Code Compliance, dated March 24, 2015
2 , 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 resolutionThe 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 resolutionShould the applicant fail 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
The platted, undeveloped right-of-way does not terminate on a
32
body of open water.
33
34 (2)the right-of-way provides access to the public to land on open water; or
The platted, undeveloped right-of-right does not provide access to
35
the public to land on open water.
36
37 (3)the abandonment would preclude a way for the public to maintain access to
38 the water.
The abandonment would not preclude a way for the public to
39
maintain access to water.
40
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
4EGOIX4K
4H
The requested abandonment is for right-of-way that bisects the
1
property at the terminus of Spanish Main Drive. All
2
adjacent properties will continue be accessed Spanish Main Drive.
3
Property east of Spanish Main Drive will continue to be accessed
4
via streets within the subdivision of Venture Out.
5
6 (2) Have the only platted access eliminated;
The requested abandonment is for a portion of right-of-way at the
7
end of Spanish Main Drive, which is not used for accessed by
8
other properties.
9
10 (3)Have the paved area adjacent to that property increased for turn-around
11 purposes; or
A T-turnaround is required by Engineering Services given the
12
location of the right of way abandonment. The applicant has
13
agreed to construct the turnaround within the existing right of
14
way at his expense.
15
16 (4) Be increased in size.
The affected property increased in size by .04 acres, however
17
there is no objection to this increase.
18
19
20 (d) All right of way abandonments shall comply with the County Code and Standard
21 Engineering requirements for road, turn-around and fire-rescue access. If required
22 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 agreed to in writing and constructed with payment by the property owner(s)
25 requesting abandonment.
No objections were given from Monroe County Fire Marshal,
26
email dated August 10, 2015.
27
Engineering Services, letter dated March 2, 2015 indicated a T-
28
turnaround is required given the location of the right of way
29
abandonment. The applicant has submitted an agreement to
30
construct the required turnaround per Monroe County
31
specifications at the appliThe agreement will be
32
recorded and accepted by Monroe County as part of the
33
abandonment resolution.
34
35
36 (e) A right of way may be abandoned only at the terminal portion of the road and in its
37 full width unless 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, plats and right-of-way. The term "substantial structure"
41 specifically does not include wood or metal fences, sheds or tiki huts or other
42 items not listed which are accessory structures; or
Richard E Deegan Abandonment Petition File #2015-029
Page 5 of 6
4EGOIX4K
4H
1 2.The abandonment is requested by a County department or governmental agency
2 for a public use; for purposes of this subsection public use is a public facility
3 and/or public/private utility; or
4 3. The right of way area is unusual in size or shape and after abandonment the
5 remaining right of way width will be the same on both sides of the
6 abandonment as shown in Example 1.
7
The petitioner has requested the entire width of the right of way
8
terminating at Spanish Main Drive to be abandoned; therefore
9
this requirement does not apply.
10
11
12 The requested abandonment, a portion of Spanish Main Drive, CUTTHROAT HARBOR
13 ESTATES FIRST ADDITION, according to the Plat thereof as recorded in Plat Book 5, Page
14 60, of the Public Records of Monroe County, Florida, adjacent to Lots 5, 6, & 7, Block 19 of the
15 aforementioned plat, meets the criteria cited above and is therefore suitable for abandonment.
16
17 RECOMMENDATION:
18 Staff recommends approval.
19
20
Richard E Deegan Abandonment Petition File #2015-029
Page 6 of 6
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K
4I
4EGOIX4K