Item Q2*Public Hearing 3:00 p.m.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Aril 16, 2014 Division: Public Works/Engineering
Bulk Item: Yes No X Department: —Engineering Services
AGENDA ITEM WORDING: Public Hearing to consider approval of resolution accepting
dedication to Monroe County of 4th Avenue West, Cudjoe Gardens Eighth Addition subdivision,
Cudjoe, as recorded in Plat Book 7 Page 16 of the public records of Monroe County, Florida.
ITEM BACKGROUND: 4th Avenue West is not a county maintained road. Property owners have
completed and submitted all of the required paperwork (list of required documents attached) for a Road
Dedication Request. The property owners must pay all document recording costs.
PREVIOUS RELEVANT BOCC ACTION:
3/19/14: BOCC approved public hearing for April 16, 2014 at 3:00 p.m. in Key West, FL.
3/21/12: BOCC approved Resolution No.: 104-2012, accepting dedication of 2nd Avenue West in
Cudjoe Gardens.
CONTRACT/AGREEMENT CHANGES: Not applicable
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COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year
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APPROVED BY: County Atty tvllOMB/Purchasing Risk Management
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DISPOSITION:
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WHEREAS, the Cudjoe Gardens Eight Addition plat dedicates the drives, avenues and
highway shown on the plat to the perpetual ownership of the adjoining property owners; and
WHEREAS, the owners of property adjacent to 0' Avenue West in Cudjoe Gardens
desire to dedicate the 4th Avenue West right of way to Monroe County for the purpose of it
becoming a County maintained right of way; and
WHEREAS, due notice has been published and a public hearing has been held; and
WHEREAS, at the public hearing the Board considered the argument of all parties
present wishing to speak on the matter, and considered accepting the dedication of the
hereinafter described right of way on the hereinafter described plat; and
WHEREAS, the Board has determined that the dedication conforms to the County
procedure;
WHEREAS, the Board desires to accept 4th Avenue West right of way; and
WHEREAS, the owners of property adjacent to 4th Avenue West desire to deed the said
right of way to Monroe County and the transfer is subject to all recording costs to be paid by the
property owners;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Monroe
County, Florida, that it accepts the transfer by deeds from the adjacent property owners to the County the
following described right of way as delineated on the hereinafter described plat, to wit:
"77ze entire platted right of way of 4h Avenue West, as shown on the plat map of Cudjoe Gardens
Eighth Addition, Cudjoe Key, Monroe County, Florida according to the Plat thereof, as recorded
in Plat Book 7, Page 16 of the Public Records of Monroe County, Florida "
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting of said Board on the 16'h day of April, A.D., 2014.
Mayor Sylvia Murphy
Mayor Pro Tem Danny Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
Commissioner David Rice
(SEAL)
Attest: AMY HEAVILIN, Clerk
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By Mayor/ChaffL UUUN T-Y ATTORNEY
OVED AS TO FORM:
AQqIqTANT r.C)LJNTY ATTORNEY
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Engineering Department
MEMORANDUM
To: Monroe County Commissioners
From: Judy Clarke, P.E. Director of Engineering Services
Date: February 27, 2014
Re: 4 to Avenue West, Cudjoe Gardens Right of Way Inspection Report
4'h Avenue West in Cudjoe Gardens is a 979 ft. long, 50 ft. wide privately maintained right of
way. Engineering staff performed an inspection of the right of way on February 19, and February
27,2014.
The asphalt roadway is 20 ft. wide, which meets the current county standard. The asphalt is in
fairly good condition with the exception of three areas totaling approximately 288 ft2 where the
top layer of asphalt has worn away. Small cracks are present along portions of the road and there
are several minor depressions. It should be noted that the sewer system is being installed in this
subdivision and the road will be paved upon completion of the construction.
There are some trees and other vegetation encroaching on parts of the right of way, primarily oll
the south side of the road; however staff observed fewer encroachments than on most county
roads. The worst encroachments are at the end by the T-turnaround; in this area the road on the
is approximately 1 Oft. wide on one side instead of 25 ft. and a paver driveway encroaches onto
on the opposite side.
Most of the lots on the road are 3 to 4 feet above the road elevation. Driveways have been
constructed without swales and therefore stormwater will run off onto the roads.
In summary, the width of the right of way and the paved road meet the current county standards -
There are some deficiencies in the asphalt surface and encroachments on the right of way;
however, the overall condition is typical of many county rights of way. The elevation of the lots
and existing paved driveways may contribute to stormwater ponding on the right of way
although staff is not currently aware of an existing problem.
CC OUNTYjoMONROE L 4% . FV
KEY WEST rL OR 11 )A. 33040
(305)294-4641
Re: CUDJOE GARDENS EIGHTH ADDITION /DEDICATION OF 2 ND AND 4 TH
AVENUE WEST
The following pre -requisites must be met before the Board may consider acceptance of a
private road, right-of-way or easement:
1) Inspection by the County Engineer to determine if the road meets is acceptable
to the County standards. If the road is does not meet the standards, the County
Engineer will recommend to the Board of County Commissioners NOT to accept
the Road Dedication. The County Engineer may specify the reasons for the
road(s) failure to meet the county standards.
2) Copy of Strip Map of the island clearly showing where the road(s) to be
dedicated are located. Please also provide a supplemental aerial photograph for
reference for the Board of County Commissioners. All maps should include U.S.
I and mile marker information.
3) Property record cards showing the ownership of property adjoining the road
that is to be dedicated. Adjoining property owriers-those persons who own land
touching the subject land/road to be dedicated.
4) Survey & Legal Description of the roadway(s) to be dedicated. This must be a
metes and bounds description. A survey and/or legal description is not required
for platted roads.
5) Letter from the Homeowner's Association (if applicable). All
residents/members of the Homeowner's Association must provide a signed letter
either consenting or objecting to the road dedication. A sample letter is attached
below. (If road dedication is sought on more than one road then the Homeowner's
Association member may want to include all the roads to be dedicated in the
letter, so they will not need to obtain multiple letters.)
6) Affidavit from the Adjoining Property. Owners of all adjoining property must
provide a notarized affidavit consenting to the dedication of such road and should
reflect the property owner(s) intent to dedicate the road for public use. All
adjoining property owners must consent to the road dedication and provide deeds
conveying their interest in the road to be dedicated. A sample affidavit is attached
below.
7) Deed(s) from each adjoining property owner conveying the roadway to be
dedicated. The deeds may be provided after acceptance and approval by the Board
of County Commissioners, but acceptance and approval is contingent upon
Monroe County.
Important Notice to Petitioner(s)/Property Owner(s):
S--1Xy--ELr--L4 ILI
RECORDS.
PETITIONER(S) MUST PAY ALL RECORDING COST
ROAD DEDICATION PETITION
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Petitioners/Property owners agree to be responsible for recording cost in relation tothis
road dedication.
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