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Item W1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2013 Bulk Item: Yes _ No X Division: Growth Mana egement Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley Growth Management Director, Ext. 2517 AGENDA ITEM WORDING: A public hearing to consider approval of resolution renouncing and disclaiming any right of the County and the public in and to a portion of the right-of-way of Pompano Drive that is adjacent to Lots 19, and 20, Block 11 Anglers Park, Key Largo and to a previously vacated section of Pompano Drive. ITEM BACKGROUND: The petitioner has requested abandonment of a portion of the right-of-way of Pompano Drive, as described above, in order to gain private access to the waterway and construct a dock for a single family residence. The portion of a platted right-of-way for Pompano Drive was never constructed including the western segment west of the primary section of Pompano Drive. Several portions of Pompano Drive have been abandoned as memorialized by three resolutions dated 1959, 1969 and 2008. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes _ No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION Revised 7/09 Not Required AGENDA ITEM # Petitioner: Jose L. and Raquel Cano RESOLUTION NO. -2013 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF THE RIGHT-OF- WAY OF POMPANO DRIVE, ADJACENT TO LOTS 19, AND 20, BLOCK 11 AND A PREVIOUSLY VACATED SECTION OF POMPANO DRIVE, ANGLERS PARK, KEY LARGO AS SHOWN AS RECORDED IN PLAT BOOK 1, PAGE 159 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 streets, alley -ways, roads or highways; 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 public in and to the hereinafter described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat; and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Florida Statute Sections 336.09 and 336.10; and NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and disclaims 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: "A portion of the 20 foot and 30 foot wide portion of the roadway considered Pompano Drive, as shown on ANGLERS PARK according to the Plat thereof, as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County, Florida and being more particularly described as follows BEGINNING at the Southwest corner of Lot 19, Block 11 of said Plat of ANGLERS PARK run South along the Southerly extension of the West line of said Lot 19 for a distance of 20.00 feet; thence run East along the South line of said 20 foot wide portion of roadway for a distance of 15.16 feet to the point of curvature of a circular curve concave to the Southwest; thence run along the arc of said curve having a radius of 25 feet, a delta angle of 53°07'48' for a distance of 23.18 feet to a point on the Westerly extension of the Southerly line of said 30 foot portion of roadway; thence run East along the Westerly extension of said Southerly line for a distance of 40.62 feet; thence run N. 30°00'00' E. for a distance of 34.64 feet to a point on the Northerly line of said roadway and the Southerly line of Lot 20, Block 11 of said ANGLERS PARK; thence run West along the Northerly line of said roadway and the Southerly line of Lots 20 and 19 Block ]]for a distance of 93.10 feet back to the POINT OF BEGINNING. Containing 2,241.9 square feet, 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 201h day of November, 2013 Mayor George Neugent Mayor Pro Tern Heather Carruthers Commissioner Danny Kolhage Commissioner Sylvia J. Murphy Commissioner David Rice (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor George Neugent MONKOV OUNTY ATTORNEY AP D AS TO FOR Date: �J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 MEMORANDUM Monroe County Planning & Environmental Resources Department We strive to be caring, professional and fair To: Monroe County Board of County Commissioners From: Reynaldo Ortiz, Assoc. AIA, AICP, Planning & Biological Plans Examiner Supervisor Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Sr. Director of Planning & Environmental Resources Date: September 27, 2013 BOCC Meeting: October 16, 2013 (set public hearing) November 20, 2013 (public hearing) REQUEST: The petitioners, Jose L. & Raquel Cano, requested abandonment of a portion of the right-of-way of Pompano Drive that is adjacent to Lots 19 and 20, Block 11 Anglers Park, Key Largo and to a previously vacated section of Pompano Drive, in order to gain private access to the waterway and construct a dock for a single family residence. The portion of a platted right- of-way for Pompano Drive was never constructed including the western segment west of the primary section of Pompano Drive. Several portions of Pompano Drive have been abandoned as memorialized by three resolutions dated 1959, 1969 and 2008. Affected Properties (outlined in yellow) (20) Jose L. & Raquel Cano Road Abandonment Petition Reviewed by Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 REVIEW: One of the affected properties (RE No. 00552870-000000) of the right-of-way to be abandoned is owned by the petitioner. A letter of no objection was provided for the second affected property (RE No. 00552680-000000). The petitioners have submitted a road abandonment petition in order to gain private access to the waterway and construct a dock for a single family residence. It should be noted that the portion of a platted right-of-way for Pompano Drive was never constructed including the western segment west of the primary section of Pompano Drive. Several portions of the of Pompano Drive were abandoned in 1959, 1969, and 2008; as memorialized by Resolution Nos. 25-1969 and 181-2008. Please note staff was unable to locate the Resolution for the abandonment of 1959 which predated the construction of Marvin D. Adams Waterway. I l � LOT 17 LOT LOT 19 I I 1l BLOCK 11 BLOCK 111 I BLOCK 11 t 1 o,• cauNrr mew Mm. a t96a CMARVIN D. W A T E R W Cvrw rnnbtr 1 IW a- 5r0714W Arc- R&W Tangent- 12W Chard" A3.36I Chard HrgF Sb3'86ro6'E. LOT 20 BLOCK 11 K SUBJECT PARCEL m.t �! hP0MPAN0 �BRIVE_ 0 ca 20 40 so SRAPHIC SCALE Proposed Abandonment (outlined in red) Segments abandoned 1959, 1969 and 2008 (outlined in green) Water's Edge with the proposed Abandonment (outlined in blue) This petition has been reviewed by County staff and written recommendations of no objection were received from Monroe County Engineering Services, Fire Marshal, Code Compliance, and the Monroe County Sheriff's Office. At the time of this report, the petitioners are the owners of the adjacent property (RE No. 00552870-000000) therefore letter of no objection is required. A letter of no objection was provided for the second affected property (RE No. 00552680-000000). Jose L. & Raquel Cano Road Abandonment Petition Reviewed by Page 2 of 4 I Florida Keys Electric Cooperative Association, Florida Keys Aqueduct Authority, AT & T, 2 Monroe County Sheriff's Office, Monroe County Fire Department, Monroe County Engineering, 3 Monroe County Code Compliance Department, and Comcast have provided letters of no 4 objection. 5 6 Monroe County Code Section 19-1 - Abandonment of rights -of -way states: 7 8 (a) No dedicated and accepted right-of-way in the county shall be abandoned where: 9 (1) the right-of-way terminates on a body of open water; or 10 • The platted, undeveloped right-of-way does not terminate on a body of 11 open water. 12 (2) the right-of-way provides access to the public to land on open water; or 13 • The platted, undeveloped right -of -right does not provide access to the 14 public to land on open water. 15 (3) the abandonment would preclude a way for the public to maintain access to the water. 16 • The abandonment would preclude a way for the public to maintain 17 access to water, although currently vegetation is blocking the access. 18 Further, with the completion of Adams Cut the plat was substantially 19 reconfigured and this portion of Pompano Drive is the remaining 20 unabandoned right of way. 21 22 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 23 agreement to do so by all affected property owners. For purposes of this subsection, an 24 affected property owner is the owner of property which, if the right-of-way is abandoned, 25 will: 26 (1) Have access that is currently used by that property owner eliminated; 27 • The requested abandonment is for a platted, undeveloped right-of-way 28 that is not being used for access by the property owners. Aerial 29 photography shows the properties will continue be accessed by the 30 unabandoned portions of Pompano Drive. 31 (2) Have the only platted access eliminated; 32 • As noted above, the property has been accessed by section of Pompano 33 Drive. 34 (4) Have the paved area adjacent to that property increased for turn -around purposes; or 35 • There are minimal paved areas adjacent to the adjoin properties and 36 there are no proposed plans for a turn -around. 37 (5) Be increased in size. 38 • The affected property will be increased in size, but there is no objection. 39 40 (c) A road may be abandoned only at the terminal portion of the road and in its full width unless 41 the abandonment will comply with the County Code requirements for road, turn -around, and 42 fire -rescue access and one of the following circumstances exists: 43 (1) An adjacent lot owner has on the platted right of way or within a setback a substantial 44 structure which predates the Special Session Law 59-1578 pertaining to maps, plats 45 and right of way. The term "substantial structure" specifically does not include wood 46 or metal fences, sheds or tiki huts or other items not listed which are accessory 47 structures. 48 • There are no substantial structures within the right-of-way area or the 49 side yard setback Jose L. & Raquel Cano Road Abandonment Petition Reviewed by Page 3 of 4 1 (2) The abandonment is requested by a County department or governmental agency for a 2 public purpose. 3 • The abandonment request is not by a County department or 4 governmental agency. 5 6 (d) The board of county commissioners considers these a restriction on the rights of individuals 7 who desire to abandon properties in accordance with F.S. § 336.09. 8 • The petitioner meets the criteria above; therefore, there are no 9 restrictions on the rights of Jose L. & Raquel Cano 10 11 The requested abandonment of a portion of the right-of-way of Pompano Drive that is adjacent to 12 Lots 19, and 20, Block 11 Anglers Park, Key Largo, Monroe County, Florida according to the 13 Plat thereof as recorded in Plat Book 1, Page 159 of the public records of Monroe County, 14 Florida meets the criteria cited above and is therefore suitable for abandonment. 15 16 RECOMMENDATION: Staff recommends approval. 17 18 Jose L. & Raquel Cano Road Abandonment Petition Reviewed by Page 4 of 4 f''" A_ L ll?i •, it170) TJ ASSOCIATION, ;a �Q%J =1I y91830 OVERSEAS HIGHWAY,TM' • :• r 05•. • • r 144 Apache Street Tavernier, FL, 33070 .:. Abandonment Lot 19 8L 20, Anglers Park, Key Largo Sketch of Description Dwg#11329 Is filed for reference. Please be r - •. that FloridaCooperative Ass• • -.r: If u need further assistance, feel free to contact me. 2 Coo cast Corucast Cable 10 10 Kennedy Dirive. Suite 200 Key West, FL 33040 =0 Donald W. Horton, CBO, CRC 144 Apache Street Tavernier, Florida 33070 RE: Road Abandonment Petition; Roadway immediately adjacent to Lots 19 & 20, Anglers Park, Key Largo ��• • M adjacent to Lot 19 & 20, Anglers Park, Key Largo. If you have any questions or are in need of further information, please do n hesitate to contact me at 305.809.1255. 1 Sincerely :�� "� X" Greg Daniels Lead Construction Technician Comcast Cable, Florida Keys ATINT FloridaTs 305-2 51 9SOO sw 180 St Palmetto Say, FL 33 Donald W. Hornton :.:: , , = all , 1 144 Apache Tavernier, 33070 Road / 1♦ 1, t i I Petition (Pompano 1 Key r Florida • 1 � 1 F '.'♦ .. 1 lual 1 1/ 1 • �:. 1 1'.1 : 1 :f 1 , � 1 �'� ► 1 I I 1 1 1 ;i 1 { Ii 1 .:I♦ 1 i1 :11 ! 1 1�;111 1 �•. 1 !=1 / ♦ 1 � I l` ! 1♦ : 1; L ♦ , ;l 1 1 Al .� 1./ � 1 1 :1 1 ' � / ♦;" 1 ♦ f: / ''' 1 / ♦ /:.. ! /1 / 1 :. 11 big LO :11 1: 1 1 1 /,:. / 1 1 , 7 1 1 ' ♦ 1 ! ♦ Y.: 1:� iA +-` 1 1 1. :III. ! (1 , 1 : 1 _' ! A .: attecIlment Jim Yeager, AT&T T �14�41111F_IL� �0;1111w� KEY LARGO, FLORIDA 330 PHONE (306) 451-4019 FAX (305) 453-N07 March 5, 2013 No Stress Property Management, Inc. 144 Apache St. Tavernier, FL 33070 RE: Lot 19-20, Block 11, Anglers Park, Plat Book 1 page 159 To Whom It May Concern: Please be informed that after having reviewed the submitted documents, we have no objection to the Road Abandonment request made by No Stress Property Management, Inc. on the above mentioned property. Respectfully, Suzi Rubio Disbict 1 MONO G. Wagner District 2 David C. Ritz Tistrict S RE: Abandonment Of FKAA easement of a portion of the 20 foot and 30 foot wide portion of the roadway considered Pompano Dr., Tavernier. project. 2012 meeting, the above referenced Pursuant to your request, staff has researched your request and has no objection to the abandonment of the abandonment of FKAA easement of the 20 ffint -tis ki ; 4 SWIM- -4 Qhould you have any questions. Dle M rson C: Robert Feldman, General counsel ROY Coley, Operations Department Director Monroe County Building Department P, riR?.T�7 To Whom It Mwf Concem- ohngemvaft MY Larp, Fb -F7 . , _ 1 1 :•7777 SotMONROE FLOWA MOM44"I Mayor George NeugM District 2 MWT PM T9M Handler CwudwM Digrid 3 Dmny L Koffi@A DhWet I David RICO, DISWd 4 Sylvia J. Murphy, Dishict 5 OFFICE of dw FIRE bEAURAL 490 60 SUW Maradwo, FL 33050 PHONE: (305)289-6010 FAX: (305) 289-6013 Monroe County Planning Department Attn: Rey Ortiz September 30, 2013 Re: Cano, Jose L. & Raquel Road Abandonment #2013-Oc The Monroe County Fire Marshal's Office has no o*ction to the above mentioned road sband Inm petition. T11re is no access or public safety issue associated with the closure of this portion of the road. I � r7r-17-, =, 1 (' 0 4 1 '. $I I # - - � 1 11 ; . M, P, -77= Z71 7 j " I I t 4) 1. Cc: James Callahan, Fire Chief County of Monroe Code C0M0UA8f1JhgArtMftt 2798 Overseas Highway Marathon, Florida 33050 Voice: (305) 289-2810 FAX. (305) 289-2858 1A'J14#jr*1JP1jT* 11, -TERM TO: • Schwab, Planning Director FROM: Ronda Norman, Sr. Code Compliance Director RE: Cano, Jose L. & •..; Road Abandonment 56 56 Heather Carmthm, ►: 3 GeOTSC Neugent Dist 2 Z ' y lvia Murphy, Dist 5 FILE: #2013-014 The Code Compliance office has reviewed the survey and legal description provided and currently we have no open code cases or violations noted on this parcel or surround ng p rce s, there re we h v no objections to the abandonment of the above referenced road descri i a fo a e ption. If you need further • gle To: Gail Creech Monroe County Planning Commission Coordinator lie: Abandonment of ad(ivcentloaar.uw-*, ply M UMTM Lot 19 and 20, Anglers Park, Key Largo. Reference File # 2013-014, RE: 00552870-OMOoo I am in receipt of the Packet requesting road aban T. , i Ok nas no odlections to the abandonment of the portion of unused road. Should you have any questio, Capt. Don Fanelli District 7, Key Largo 50 High Point Rd. Tavernier, Fl. 33070 (305)853-3211 SO HIGH POINT RD, STE 100 TAVERNIM FL 35070 (305)853-3231 FAX- (305)833-3205 Www.xmso.N loll =M wiliqlap" I '- : I EM L Gall Creech Judy Clarks, P.E. Director of Engineering September 30, 1 As indicated previous 1 7. 1 1:.1 F, 113 1'i 1 1'7 The updated infbrmationoontaineda letter1 no objeefionfrom other affected property owner 1' • 1 resolves coniment previous 1:regarding If you shouldhave anvnueshons,or ems( 1 CI 1 1 ! 1 '.. �. • 4 • f w 1 2 3 4 5 6 7 T ,5 .. MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Townsley Schwab, Senior Director of Planning & Environmental Resources From: Tim Douma, Biologist Through: Reynaldo Ortiz, Assoc. AIA, AICP, Planning & Biological Plans Examiner Supervisor Date: September 30, 2013 Subject: File No. 2013-014 Pompano Drive, Cano Road Abandonment Petition A site visit was conducted at the end of Pompano Drive adjacent to Marvin D. Adams Waterway in Key Largo on September 30, 2013. The predominant woody vegetation directly beyond the end of the pavement was the invasive exotic Sea -Hibiscus or Mahoe (Talipariti tiliaceum). A few small, trimmed mangroves were located at the shoreline just west of the mass of Sea -Hibiscus in an otherwise cleared, grassy area. Page 1 of 1 Reviewed by sKETCH OF DESCRIPT ON x,...r Af -1 MONROE CO. PLANNINGP DESCRIPTMNt A Portion of the 20 foot and 30 foot wide portion of the roadway considered Ponpnno Drive, as shown on ANGLERS PARK ac to the Plat thereof, as recorded In Plat Book 1, at Page 159 of the public Records of Monroe County, Florida and behn more particularly desba*bed as follows) BEGIat the Southwest corner of Lot 19, Block U of said Plat of ANGLERS PARK run South along the Southerly extension of the Vest line of sold Lot 19 for a distance of 20.00 feetr thence run East along the South tin of Bald 20 foot wide p of roadway fora distance of 1516 feet to the point of curvntln'e of n dreular curve concave to distance Of the Southwest) thence run alto appong the me of said bonus having a radius of 25yy feet, a delta angle of 53*071481 for a thence run East alongg the Westerly extension ofoint on the ysald Southeextension y line the for a Watance of 40.62Une of BMW ® feet] foot thence run N.N. 3000of 0WOW E. for a distance of 34A4 feet to a point on the Northerly Un a of said roadway and the Southerly line of Lot 20, Mock 11 of said ANGLERS PARK) thence run Vest along the Norther4y line of said roadway and the Southerly Une of Lots 20 and 19 Mock 11 for a distance of 9310 feet back to the POINT OF BEGINNING. Containing 2,24L9 squwv feet, More or less. NOTESt L This sketch represents a 'SKETCH IF DESCRIPTION' and Is `NOT A BMMARY SURVEY'. 2. The bearing base for this sketch assumes the South line of Lots 17 throuoh 20, Mock 11, Plat of ANGLERS PARK as described as betrlg East-West. 3. The Informatlon hereon was derived from information obtained from the record Plat or from the Public Record. r ve. t b - P id 8iewwa' 19 - IoW 9epryy c. - rId oa Ga1nw C. - D. -p.a fm" - slow Rear Da�gg - kTwetlrn GrT. -M�b.W wsr. _ .w n.n wA Pl.T. - Pb.Re M 11•► PY - PI .FA eN011 FA41e0M ua mow. ,a _ t.a ..mawro K -rot h saw. c.ew. - awa.11 bias* .nee M%-Rt.6 - M -ApbA M a 4 Fwe t Curve nt,nber l De14." 53°07.48' Arc- eale, Ch Chord Pre." 5.63-a6.06'E. %.9. - d Ft. + WbedPL PM f k- to . I I F.w. - f� , 1 1 MA - w.t•t .row PS - o� .W �• - a LOT 17 LOT 18 RAM_ ° do •l BLOCK 11 BLOCK 11 I B= 1 1 ma•. - bulft 1 1 ca I I IRV e raro.a le /rear .et a—9Ro7.b* 10 ® P ®Pl••Ik nun. ®Y•ttl MH ® w.Lr Yetis ®—ea1rn. a.n w. µ ....M di LB hakare, d A- taws or Client Cana Section 14 . Township Key Largo Drafted: 9-05-12 Drawing No. 11329 Drawn EAST 15.l6' waeD OF to, woe vASATws m tn�Tr a a L M BASIN cMAR V I N D. A D A M S W A T E R W A Y) I 1 I LOT 19 I LOT 20 BLOCK 11 BLOCK 11 I I SUBJECT PARCEL VE� 7 POMPANO %f D R I V E r LOT 8 BLOCK 10 0 to 20 4o eb GRAPHIC SCALE Phone: (305)853-0065 / Fax: (305)853—d233 61 South, Rang® 39 East . and a bw to beat or Ir Mon County, Florida ms� of Ch. bet - to Ch. 4"-=. F& for Fieidbook No. NA. D.S.M. Soule: 1" ® 40' David S. Maa P.S.M. 5125 0 April 22, 2013 22LS - = MR P.O. Box 619 / 88M Overseas Hwy. Tavernier, Florida 33070 (305) 853-0066 / 743-3899 / 853-0233 fax maimmia�mt MONROE CO. PLANNING DEPT I have made revisions as per your request, however your sketch showing your interpretation of the portion of Pompano Drive I find to be wrong. Without breaking down the whole description, lets go to the last course of East 50± to P.O.B. First, this is •fa to describe a •:• frontage • Lot 8, Block 10, so this should • all • the roadway West of said Lot 8. The dimension as shown on your sketch is only 37.53 7 as I have it shown back to the P.O.B. on the 1969 Resolution the dimension is 55.05'; much closer to the 501±. 'Me call itself is clear working backwards from the P.O.B. West till you intersect the shoreline per Plat no matter what distance that is. David S. Massey, P.S.M. �1 1 �• •I•. 1 1 I 1, :7Ilk ill"! NOTESo bearingL This sketch represents a SICETCH [IF DESCRIPTIOW and Is 'NOT A BOUNDARY SURVEY. ..se for thIs sketch assumes -the South tine of Lots 17 through 20, Stock 11, Ptat of ANGLERS PARK as I described * The i.fC"I:�.MrEeaosn*-wW*s"'dtlerived fron Infomation obtained from the record Ptat or from the Public Record, PSJL — PAA - P.dwdfM R - p�pgy C. - col dlw Pl _ Pa! D. - Dwd IS. - tAwnRtl FhfY. - &M.N! fi— Eqqd - 0.wdan - mAr CF,T 0 IN, MMC - W.F.T. - wlfA OM mla Ewd. PAT. M aNa FS. - havnf Nmd PK - - 92 FAST LLS - nwN "M Ilia - IYdI Ps. - P' rw dae - Wd... Aft - WM. 'AT. KPm - d e0r dj- w/d - nd tY w L _ .� - bw& a = 1 d CA All .T - PeIM Ddun we "a doff t fnu wt wIo« to #Teat w! t'—OlfvMd tlNf - - i—Ol.b.d enw — e —0—h d aMddw K —Ch* : h w ® P =FIIf01 famf mom ft� ad.. taw PPW �-F.a D.at tafm f Al mM Alfef del 1 d Pbw I- of L�Y�S Crowe ntndler 1 Rodlom 25W Delta' Sr*7'48' A,- 23L18' To-Z 72- Chor2.1 Chord Drp.m S.63r26'06T, I 1 APPLICANT'S IOWNERSHIP LOT 19 LOT 20 BLOCK 11 BLOCK 11 I IN _ Plat Q,, V DT .AEI OFAl117,W 94 am TURNING 2ASINouPIAD V IT It3gDTffie 10011011111 2, 1f7Pr VAGTED 8T OF OL Q --^y CO{DRR A— a. 316A Plot I.1D' C SUBJECT PARCEL POMPANO Ijlt$ VE -. � ®® LOT 8 BLOCK 10 M A R V I N D. L A M S M CzzUon 14 Township 61 South, Range 39 EaqL NOT f WITHOUT THE w r SIMA71URE AND THE ORGINAL RAM SEAL PAU AND MAPPER AUG 2 0 2013 MONROE CO. PLANNING DEPT ",LTF"C�7u1M—fVfff5-n, I nere6y acknowledge and approve ITe-,L W'L - the abandonment petition submitted • the owners • Lots 19 & 20, • 11 of Anglers Parkway and agree that they should be allowed to take ownership of the entire area as described in the • survey as • conveyed to Cano's. -rT,- Very truly yours, TVDe of Awfication: Road Abandonment (a portion off Pompano Dr MM1031 L. �� ►till ! APPLICATION iWAMA I PJJIK� I lzi N i hT �1111 0 13 U Road Abandonment Application Fee: $1,533.00 Advertising Costs: $245.00 Date of Submittal: Month Dayj Year 3me!+ C(-1Lk% SL0 k3C)"'h S+ AAVIto Mailing Address (Street City, State, Zip Code) Email Address Description of roadway to be abandoned: Z TM Agent (if applicable): . . ...... . ... ..... Name M4 Mailing Addresi (Street, City, State, Zip Code) Daytime Phone Petitioners seek the abandonment for the following reasons: ge Page I of 4 Last Revised 07/2010 APPLICAnON 6 118 If [-A I i�!;JUI 60 WOL01111 [SM4 4 *-1" ON U-3 -IJ K,J;4zJ"J 0 M. 005WIO-000100-o I(0I&LA,0!a Real Estate (RE) Number Alternate Key Number V 0- A,-0*4V J &3 Street Address (Street City,State, Zip Code) 'Approxini-ate Mile Marker Present use of the roadway to be abandoned: Proposed use of the roadway to be abandoned: LA 1. U Total land area of the roadway to be abandoned: 41 Please provide all reasons for why the county should grant the road abandonment (if necessary, attach additional sheets): W -&T-Mt-W� J L--OJi At P% Uet bf I InL-_-MJ SQ0 Ad #04% Aft% ja.4- J-4e4ec A F.#.rr*J04-- !F*/ 46%4 Ip I-*J!3 to% !!Iht CU-t i-t 60: t-V A%ew �r 4* ap! I* fte' 14 -JOK&I I Ad* qWV 1 -41-6 . A nn 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 terminates 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 agreement 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 eliminated; (2) Have the only platted access eliminated; (3) Have the paved area adjacent to that property increased for turn�around purposes; or (4) Be increased in size. (c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with the County Code requirements for road, tum-around, and fire -rescue access and one of the following circumstances exists: (1) An adjacent lot owner has on the platted right of of within a setback a substantial structure which predates the Special Session Law 59-1578 pertaining to maps, plats and right Of Way. The term "Substantial structure" specifically does not include wood or metal fences, sheds or tild huts or other items not listed which are accessory structures. (2) The abandonment is requested by a County department or govenunental agency for a public purpose. Page 2 of 4 Last Revised 0712010 APPLIC'AnON ,; The board\ !considers desire to abandon properties in accordance with F.S. § 336.09. Complete 1; ; i abandonment 1 Ri A 1 !. { (unalteredandunbound); ERI*"Correct fee (check or money order to Monroe County Planning & Environmental Resources); Er Legal description 1 1' portion 1the roadway1 be abandoned metesbounds; 0 Proof of ownership 1 the petitioner's property(s) Warranty Deed); ! CurrentPropertyRecord ,.' 1 1 Card(from the Monroe County I J Appraiserfor thepetitioner's property; Location map (i.e. copy of strip map, aerial photograph); Photograph(s) 1 the roadway1 be abandoned; Signed A andSealedSurvey1 roadway1 Aabandoned 1 all adjoining properties, prepared 1.'. clearlyFlorida registered surveyor — 12 sets (At a minimunt, survey should include a legal description of the roadway, elevations; location and dimensions of all existing structures, paved areas and utility structures; roadways and easements; 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 delineated); utility,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 treatment �tLetters 1 1 Objectionfrom all affected property 1 affected property ! one {: 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); 13 IF A CUL-D&SAC OR "T-TYPE" TURNAROUND IS REQUIRED 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). 71cable, following must1,.'submitted in order 1have a complete 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 casement necessary for the furnishing of utilities, including withcKri limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the Page RevisedLast 07/2010 APPLICATION 1041KOW MITZI 11 f�a'. I I I flilllk- 61,611 11�111��Ipi��ipgqpii � I ;a-1 =- I la, Q ILIAMI-AMice IDy Ale 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-of-way as further depleted and described In the attachments. By signing below, I certify that I am familiar with the information contained in this application, and that to th best of my knowledge such information is true, complete and accurate. Signature of Aph=t:Lf- Sworn before me this 14 day Of AMIE aAft --U��N�otary �Jje Mycomm"M1509 MES: Aprfl 19, 2lo MMy Commission Expires %UNftYPtftUndwwbm Please send the complete `'jam ge eounty Planning & Environmental Resources DePartrnent Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 330% Page 4 of 4 Lost Revised 0712010 Dm* 17SMS 11/17/2M 4-20H Rlod & Reowded In OffACS&L Recwwdo of ROMM COUNrY DMW L. KOLNM Emmid-bL.- Dagmar Uaudy, Esq. Attorney at Law 11/17/2M9 4:21PH OM DOC STPOW CL: MZNA "".so Law Office ofDagniar Llaudy, PA. 1333 Coral Way Suite 202 Miami, FL 33145 305-854-1773 NO 17673n BkO 2448 Pon 2308 -9911KIL12-1 Marco de Is Cal, Esq. 999 Ponce de Leon Blvd, Ste 735 Coral Gables, FL 33134 '-pace Aboverhis line For Reondirig DaMl_ "Warranty Deed This Warranty Deed niade this -Ef day of November, 2009 between Fabian Gonzak,4 sf sM man, whose post office addres is 16667 (Whenever used herein the tanns 'geantce and lipeenre inebAe W1 ft pgrges to Olin inshurawt and the heirs, legal reprerentafivos, and assians ofindivi"s, wW lite successors gad assigm oferrqwregions, Vulb Ow nultees) er 6 r'wl 'LILT 7ti W W"OTOOROW'. "% -, I heirs and assigns fbrever, the following described land, situate, lying and being in Monroe County, Florida to -wit: Qz��.$ Deed Is set forth that property being conveyed is a vacant lot and not contiguous to the homestead of the Granters, all ofwbosa reside In Miami -Dade County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. whornsocy,�, and Qlw"&Q� rll�rr MWAIA, In Witness Whereof, grantor has hereunto M grantor's hand and seal the day and year first above written. 'Seel) 'Ila it L State of Florida County of Miami -Dade The foregoing instrument was acknowledged before me this 6 day of November, 2009 by Roberto Gonzalez, who U is Personally known or [XI has produced a driver's license as identification. (Notary Seal) Notary Public SbftotFbdft Printed Name: JAMYN ELMJJMTER MyCommissionExpires: State of Florida County ofMiami-Dade .1*1 foregoing instrument was acknowledged before me this day of November, 2009 by Fabian Gonzalez, who (j is personally known or PQ has produced a drivees license as identification. [Notary Seal] Notary Public Printed Name: -JAcLym EIA� EWM MUM 3 hAOSAAA A My Commission Expims: State of Florida County of Miami -Dade IV, The fWasoing mstrument was acknowledged before me is day of Novo her. 2009 by Surmani Gavilla, who U is a "T "'Ove personally known or M has produced a ddvees license as id Ffi�ati n. u* ca 04— [Notary Sew) 0:: P:ublic Printed Name JACLYN BALLESTER ne My Commission Expirn: ,i 7 EmRpmd*-: Dagmar Llaudy, Esq. Attorney at Low Law Office of Dagmar Llaudy, P.A. Coco 1767336 10 1333 Cond Way Sake 202 NO 2440 Pill! 23 Miaml, FL 33145 305-954-1775 Ithmim Memo do la Cat Esq. 999 Ponce de Leon Blvd, Ste 735 Coral Gables, FL 33134 - ------JSP=e AbM This Line For Rcmdins Datal-_ V,Arranty Deed This Warranty Deed made this �y day of November, 2009 between Roberto F. Gammler, whos-z " offi- a M ;jm%va,-QWR husband and wife whose post office address is 9741 SW 130 ST Miami, FL 33176, grantee: ---------- heirs and assigns forever, the following described land, situate, lying and being in Monroe Conn I Florida to�wit: Lot 2. BLOCK 11. ANGLERS PARK. according to the Plat thereof as recorded in Plat Book 1, Page 159, of the Public Records of Monroe County, Florida. Alternate Key: 1679236 Deed is set forth that property being conveyed is a vacant lot and not contiguous to the homestead of the Grantor, who resides In Miami -Dade County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in !Lnywise appertaining. To Have and to Hold, the same in fee simple torever, sunale.- that the ard I In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and you first above written. Signed, sealed and delivered in our presence: ;, g"F17-F 0=WWA0qU (Seal) ,�Robcrto F. G4onzWez( State of Florida County of Miami -Dade foregoing instrument was acknowledpd before meis of Nlovember, 2009 by Robeft F. GoM who U is personally known or [Xj has produced a drivees lice= ass��jd [Notary Seal) otary Printed JACLYN BALLCSnM My Commission Expires- 11010M COUM OFFIC14L RECORDS lit=x- DocV 1741135 Un 2411 Poll IM - - --- - - .Y_.— IS Above Ibis Lice For itecoeting wau��' I Al'i I I I , I , , . ;W, Riii4qim • whose past office address is enter: (W used bacin the iernis - Snintor - and 'granket" include all the panks In this instrument mid tire heirs. legel moresentatives. and Witnesseth t id a for M in WVrn�i� '41 "' 1 A. M WROA WINOW'" "AMA situate. lying and being in Monroe County, Florida to-wit: Lots 3,19.20 and 21, Block 11, ANGLERS PAW according to the Plot thereof, recorded in Plat Book 1, Page 159. of the Public Records of Monroe County. Marble. Parcel Identification Number 1678244 (Lot 3). 1678406 (Lot 19). 1679414 (Lot 20) and 1679422 (Lot2 1) Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and la authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the sum against the la claims of all persons whomsoever. and that said land is free of all encumbrances. except taxes accruing subsequent to December 31, 2008. Lis MTFAI�MUjFFrRMkPT#,'7l TU MEMO, wWo is personal Fy kn;wn or IXI has produced a driver's license as identif! (Notary Seal] Notary Pubt pot Printed JACLYN SALLE-141re an&TN UMAULIES TIE afrow "PAft-Sins "fl My Commission Expires: CW`InhIIlI)(IE*ftAW3j,2M Property Search -- Monroe County Property Appraiser Pagel of4 v PropertyAppraiser Key West 30 20 Monroe lii t' e County, Florida Plantation a " 0 8; 7130 tested Properly Record Card - Website IE8, DetailsOwnership Mailing s: CANO JCSE L AND RAQUEL 9741 SW 130TH ST MIAMI, FL 33176-5654 Property Details PC Code: 0 - VACANT RESIDENTIAL IllyGroup: 500 Affordable o Housing: Section- Township- 14-61-39 Range, Pry VACANT POMPANO R KEY LARGO Location: Legal SK 11 LTS 1, 2, 3, 1 , 20, 21 A is A J ALLEY ANGLERS PARK 1-1 9 KEY LARGO 41 -390 CASE NO Description: 63-35-CP-12 C 416-391 52 -1061 OR1693-156f159(Wi ) O 0 9-2 5D/C 2126-213114 OR2411- 15 O 411-1 10 (RES NO 47 A-2006 C 411-1510f19( S NO 246-2006) 425-906 1C CR2 0- 2306i2309 CR2 0-2310 1 .r 0117ffizrt xW li Property Search -- Monroe County Property Appraisl Parcel Value History Cert!W Roll Values. Roll Total Bldg Total Mac Total Land Total Just Total Assessed School Exempt School Taiib-je Year l 1 rov eat Value Value ValueValue Value Value 2012 0 1,575 8,160 9,735 9,735 0 9,735 2011 0 1,628 10,698 12,326 11,134 0 12,326 2010 0 1,698 8,424 10,122 10,122 0 10,122 2009 0 1,750 36,568 38v318 37,513 0 2008 0 0 4,455 4,55 4,455 0 _4,455 2007 0 0 7,425 7v425 7,425 0 7,425 2006 0 0 7,425 7,425 7,425 0 7,425 2005 0 0 7,425 7,425 7,425 0 --7,25 2004 0 0 7,425 7,425 7,425 0 7,425 20 3 2003 0 0 [2002 0 0 7 7,442525 7,425 7,425 0 -- -7,425 0 0 7,425 7,425 7,425 0 7,425 2001 0 0 7,425 7,425 -7425 7,425 0 7,425 2000 0 0 7,425 7,425 0 ---7425 1999 0 0 7,425 7,425 7,425 0 --7,425 1998 0 0 7,425 7,425 7,425 0 7,425 1997 0 0 7,425 7,425 7,425 0 -7,425 1996 0 0 7,425 7,425 7,425 0 7,425 1996 0 0 7,425 7,425 7,425 0 7,425 5 1994 0 0 8,663 8,663 8,663 0 8v663 11 993 993 0 0 7,475 7,475 7v475 0 -7,475 1992 0 0 7,475 7,475 7,475 0 7,475 1991 0 0 8,663 8,663 8,663 0 8,663 1990 0 0 7,425 7,425 7,425 0 7,425 1 1989 0 0 5,594 5,594 5v594 0 5v5 1988 0 0 5,594 5,594 5,594 0 5v594 1987 0 0 7,425 7,425 7,425 0 7,425 1986 0 0 7,425 7,425 7,425 0 7,425 1985 0 0 7,425 7,425 7v425 0 7,425 1984 0 0 7,425 7,425 7,425 0 7,425 1983 0 0 6v933 6,933 6,933 0 6,933 1982 0 0 6,933 6,933 6,933 0 6,933 Parcel Sales History http://www.mcpafl.org/?ropSearch.aspx 1/24/2013 Property Search -- Monroe County Property Appraiser Page 4 of 4 NOTE: Sales do not generally show up in our computer stem, ?nl about two to three months after the date of sale. If a recent sale does not show up in this list, please allow more time for the sale record to, processed. Thank you for your patience and understanding Monroe County Monroe County Pr##±2© Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 http://www.mcpafl.org/PropSearch.aspx 1/24/2013 e F x ! t65210 t r .90 a"t i -V t2 t3 le 7S td tr ( t8 to a, .!2i , i•a F ®.ti2._ vB•✓-....+.....ri ....... ®_ .. _e�..a.._...., d d. _Ft., .... ..•� �t . .. _ .!Yb ..! jJjI i 552f+a , ` VIA w9/'r'' e . .4 2 �, I }� { t !: � fr R� t ,.�',J"°rr � • ---t - tom„. "°w ''® F ?J,°� 4Q•.`°•A 8 �� !_®.y f { •{r If t,_ yb ti.b ;� •.4t >® ®3L r f ® yr Ld 19 �• � .rj d ",�''` �\ti.�! ,�`° °�r,c®.,dnie ° Z. n :Juii3 12 ca T e .a T G 1,14 T-- Z-V 1 100 %,3oogleearth feet metersi so BECFA en 2798 overseas Highway, Su ite 410 Marathon, FL 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 County of Monroe Growth W ,&Lqp ,M We strive to he caring, Professional and fair of ount Co ion rs Mayor David Rice, Dist. 4 Mayor Pro Kim WigingtonTem Dist. I Heather Carruthers, Dist. 3 George Neugent, Dist. 2 Sylvia J. Murphy, Dist. 5 Date: Time: This is to acknowledge submittal Of Your application for I of application to the Monroe County Planning Department. a4JC�rp�j,ct I c w%kmcazor Au Donald W. Horton CBO, CFM !"T* Sk-ZSS 114 Apache Street Tavernier, Florida 33037 RE: Re: Road Abandonment Petition Roadway immediately adjacent to Lot 19, Anglers Park, Key Larg,*, Comcast has no objection to the abandonment of the Roadway immediately Mjacent to Lot 19, Anglers Park, Key Largo. TTOMMA" I . - Tir firlier Iniormation ptease contact me at 305-809-1255. 9= Greg Daniels Lead Construction Techni Wil Jv(*vvgWM AT&T Florida T: 305-255-8451 9500 Sw 180 St www.att.com Palmetto Bay, FL 33157 Donald W. Hornton No Stress Property Management, Inc. 144Apache Tavernier, FL i),, Largo,Re: Road Abandonment Petition (Pompano D Key ♦ /s On behalf of Bellsouth Telecommunications, LLC d/b/a AT&T Florida, this letter shall serve as notice of "non -objection" to the vacation/abandonment of that portion of the public road right of way adjacent to Lot 19 and a portion of Lot 20, Block 11, "ANGLERS PARK" according to the Plat thereof as recorded in Plat Book 1, Page 159 of the Public Records of Monroe County Florida and as depicted on the sketch attached. :'• ey.if iiw-&- ♦'� ► is • • • f • ',.# # •� 1 •.... 9�� attachment c: Jim Yeager, AT&T FL 0Wdw 64 Me U.S k T FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. - FUC 91630 OVERSEAS HIGHWAY, P.O. BOX 377, TAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAX: (305) 852-4794 I 144 Apache Street Re: Road Abandonment Immediately adjacent to Lot 18 and running across the fronts of Lot 19 & 20, Anglers Park, Key Largo Sketch of Description Dwg#11329 Is flied for reference. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC) has reviewed the survey and legal description you provided and has no ob Lgction to the abandonment of the above referenced road description either as an affected property owner or as a utility provider. NM=' Don Barton Senior Staking Technician Donald Horton 144 Apache Street Tavernier, FL 33070 RE: Abandonment of FKAA easement of a portion of the 20 foot and 30 foot wide portion of the roadway considered Pompano Dr., Tavernier. 5�+ ffl The FKAA Board of 2�1� ZK2 am.", -r- 2V T779=-J, project. Pursuant to your request, staff has researched your request and has no objection to the abandonment of the ah tit, f �V- 9MIM, FLORIDA KEYS AQUEDUCT AUTHORITY A Mamie Walterson C: Robert Feldman, General Counsel Roy Coley, Operations Department Director Monroe County Building Department Board Item - October 24, 2012 V 73111 Tepo on ompano, rive in Key Largo, Florit ?-s described below: A portion of the 20 foot and 30 foot wide portion of the roadway considered Pompano Drive, as shown on Anglers Park according to the Plat thereof, as recorded in Plat Book 1, Page 159 of the Public Records of Monroe County,-dVrNmwz.36--* described as follows: BEGINNING at the Southwest comer of Lot 19, Block I I of said Plat of ANGLERS PARK run South along the Southerly extension of the West line of said Lot 19 for a distance of 20.00; feet thence run East along the South line of said 20 foot wide portion of roadwa for a distance of 15.16 ♦t I T . W V I me or said roadway and the Southerly line of Lot 20, Block I I of said ANGLERS PARK; thence run West along the Northerly line of said roadway and the Southerly line of Lots 20 and 19 Block I I for a distance of 93. 10 feet back to the POINT of BEGINNING. Containing 2,242 square feet, more or less. The FKAA has no co-,( Applicant: No Stress Property Management Donald Horton 144 Apache Street Tavernier, Florida 33070 Frm Kwavathy 164 Pompano Dr. KeX , );, To h® It May Concern: I have no objections to the aband.-onment, Fran Kornyathy PROPERTYagreement with.NQ STRESS . our .. and sign for us in our name as it relates to applying for and picking up permits on nt State of y yMonroe County AI AI AI ;. The foregoing instrument I r beforeis f i personally known to me r( produced i ification. Signature Printed No Stress Property Management, Inc. Physical Address: 88888 Overseas Highway, 2"d Floor, Tavernier, Fl 33070 Mailing Address: 144 Apache Street, Tavernier, FI 33070 Phone: 305.852.9607 Fax: 305.852.9609 nostressdon@bellsouth.net; sherihorton@bellsouth.net; amie owens@bellsouth.net