Item J4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No Staff Contact /Phone #: Mitzi Crystal/ 289-2523
AGENDA ITEM WORDING: Approval of a resolution setting a public hearing for November 17,
2015, at the Harvey Government Center, Key West to consider a petition to renounce and disclaim any
right of the County and the public in and to a portion of the right-of-way of Seventh Avenue West
Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens Sixth Addition, according to the Plat
thereof as recorded in Plat Book 6, at Page 66 of the Public Records of Monroe County, Florida.
ITEM BACKGROUND: The petitioner has requested abandonment of a portion of the right-of-way
of 7t' Avenue, as described above, in order to use the driveway and property more effectively. The
portion of a platted right-of-way considered for abandonment is at the terminal portion of the T-type
turnaround of 7t' Avenue.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Adoption of a resolution setting a public hearing for November 17, 2015, at the Harvey Government
Center, Key West.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Attorney 11OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 6/15
Petitioner: Mary C. Readel, Rev Trust
RESOLUTION NO. -2015
A RESOLUTION SETTING THE DATE, TIME, AND PLACE
FOR A PUBLIC HEARING CONCERNING THE PROPOSED
ABANDONMENT OF A PORTION SEVENTH AVENUE
WEST RIGHT OF WAY, ADJACENT TO LOT 13, BLOCK 18,
CUDJOE GARDENS SIXTH ADDITION, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6,
PAGE 66 OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
consider a request 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 November 21,
2015, at the Harvey Government Center, 1200 Truman Avenue, Key West, 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 the Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, CUDJOE
GARDENS SIXTH ADDITION, according to the Plat thereof as recorded in Plat Book 6, at Page
66 of the Public Records of Monroe County, Florida and more particularly described as follows:
COMMENCING at the Northeast corner of the said Lot 13 and running thence N90°00'00"W
and along the Southerly Right of Way line of the said Seventh Avenue West for a distance of
11.59 feet to a point of curvature of a curve concave to the Southeast; thence Southerly
continuing along the Southerly Right of Way line of the said Seventh Avenue West along a curve
having a radius of 12.50 feet and a central angle of 60°08'15"for 13.12 feet to a point on the
said curve, said point being the Point of Beginning of the parcel of land hereinafter described;
thence continuing Southerly along the Southerly Right of Way line of the said Seventh Avenue
West along a curve having a radius of 12.50 feet and central angle of 56°36'30" for 12.35 feet to
a point; thence S63°15'00"W continuing along the Southerly Right of Way line of the said
Seventh Avenue West for a distance of 25.00 feet; thence N 26°45'00"W and along of the
Westerly Right of Way line of the said Seventh Avenue West for a distance of 25.87 feet to a point
on the said Westerly Right of Way line of Seventh Avenue West, said point being the southeast
corner of Lot 14, Block 18; thence N90°00'00"E for a distance of 34.29 feet back to the Point of
Beginning. Said parcel CONTAINS 514.56 SQFT +/-. "
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the 21s' day of October, 2015
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia J. Murphy
Commissioner David Rice
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
LM
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Danny L. Kolhage
MONROE COUNTY ATTORNEY
PROVED 0 FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date l r
4
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:
September 26, 2015
15
16
Subject:
A public hearing to consider denial of a resolution renouncing and disclaiming
17
any right of the County and the public in and to a portion of the right-of-way of
18
Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens
19
Sixth Addition, according to the Plat thereof as recorded in Plat Book 6, at Page
20
66 of the Public Records of Monroe County, Florida (File #2014-177)
21
22 BOCC Meeting: October 21, 2015 (set public hearing)
24 November 17, 2015 (public hearing)
25
26 REOUEST:
27 The petitioners, Mary Readel Rev. Trust, request an abandonment of a portion of right-of-way of
28 Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, Cudjoe Gardens Sixth
29 Addition, according to the Plat thereof as recorded in Plat Book 6, at Page 66 of the Public
30 Records of Monroe County, Florida.
31
32 The petitioners have made the request in order to allow for greater use of their current driveway
33 and potentially allow for greater front yard setbacks for future additions to the existing home
34 built in 1972. The petition requests the approximately 514.56 square feet of the platted right-of-
35 way for 7 h Avenue be vacated. The area requested for abandonment is at the terminus of 7t'
36 Avenue and part of an existing paved T- turnaround. The turnaround leads directly to the
37 petitioner's driveway and is partially paved with pavers rather than asphalt. The petitioner
38 intends to leave the area as it is currently which will allow for ingress/egress of emergency
39 vehicles.
40
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 1 of 5
1
2
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6
7
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10
11
Affected Properties (outlined in yellow) Proposed Abandonment
REVIEW OF APPLICATION:
The proposed abandoned portion is described as follows:
"A portion of the Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, CUDJOE
GARDENS SIXTH ADDITION, according to the Plat thereof as recorded in Plat Book 6, at Page
66 of the Public Records of Monroe County, Florida and more particularly described as follows:
12 COMMENCING at the Northeast corner of the said Lot 13 and running thence N90°00'00"W
13 and along the Southerly Right of Way line of the said Seventh Avenue West for a distance of
14 11.59 feet to a point of curvature of a curve concave to the Southeast, thence Southerly
15 continuing along the Southerly Right of Way line of the said Seventh Avenue West along a curve
16 having a radius of 12.50 feet and a central angle of 60°08'15"for 13.12 feet to a point on the
17 said curve, said point being the Point of Beginning of the parcel of land hereinafter described;
18 thence continuing Southerly along the Southerly Right of Way line of the said Seventh Avenue
19 West along a curve having a radius of 12.50 feet and central angle of 56°36'30"for 12.35 feet to
20 a point, thence S63°15'00"W continuing along the Southerly Right of Way line of the said
21 Seventh Avenue West for a distance of 25.00 feet; thence N 26°45'00"W and along of the
22 Westerly Right of Way line of the said Seventh Avenue West for a distance of 25.87 feet to a point
23 on the said Westerly Right of Way line of Seventh Avenue West, said point being the southeast
24 corner of Lot 14, Block 18; thence N90°00'00"E for a distance of 34.29 feet back to the Point of
25 Beginning. Said parcel CONTAINS 514.56 SQFT
26
27 The petitioner owns the only affected properties (RE No. 00174633-002700). The applicants
28 have submitted a road abandonment petition for greater use of their current driveway and
29 potentially allow for greater front yard setbacks for additions to the existing home. The applicant
30 has noted the drive will remain as it is currently. No barriers for emergency access will be
31 installed.
32
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 2 of 5
I The petitioners are the owners of the adjacent property (RE No. 00174633-002700) therefore
2 letter of no objection is not required by adjacent owners. The petitioner requests the area
3 highlighted below be abandoned.
4
5
6
N90' 00' 00'E MEAS DETAIL A
34.29' WAS
N90' 00' DOW WAS N90' 00' DOW WAS
''-7N 72.49' WAS 1 1.551 WAS
LOT _I 4
BLOCK 18 :' SEVENTH AVENUE WE5T
\ 50 . KW :I NO' 00' WE WAS
526' 45' 00'E MEAS 25.00 WAS
35.03' MEA5
C r
p WNmfasT eaRHnc
ImiryC) \ j LOT 13.5LOCT. 18
`� —
L ARCr 13.12' MEA5
} — RADIUS-12.50' MEA5
a
DELTA=60'OB' I S'
SODUM" ,..Opt .fR Of Q
LOT 12
r
LOT 13 P BLOCK 18
BLOCK 18 c�;hTop� Q
ARC— 12.35' MEA5
563' 15' 00'W MEA5 RADIU5-12.50' MEA5
N20 4500W WAS h 25.00 WAS DELTA=5r. 3G'30'
25.87 WAS
7
8
9
10 Proposed Abandonment
11
12
1.3 Written recommendations of no objection were received from the following private utilities and
14 County departments:
15
16 Keys Energy Service, letter dated September 29, 2014
17 Florida Keys Aqueduct Authority, letter dated October 23, 2014
18 AT &T, letter dated November 3, 2014
19 Comcast, letter dated October 2, 2014
20 Monroe County Fire Marshal, letter dated April 21, 2015
21 Monroe County Code Compliance, letter dated January 9, 2015
22 Monroe County Sheriff's Office, letter dated December 23, 2014
23
24 Monroe County Engineering Services, letter dated January 15, 2015 indicates objection to the
25 abandonment as it would eliminate an existing t- turnaround at the end of 7t' Avenue, which is
26 required at the end of dead end roads. The letter states: "The proposed abandonment does not
27 conform to the requirements of Resolution No. 250-1998 regarding abandonments of rights of
28 way; additionally, granting the requested abandonment will eliminate the t-turnaround at the end
29 of 7a' Avenue West. Accordingly, Engineering Department objects to this petition, which would
30 eliminate the required T-turnaround."
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 3 of 5
1
2 Monroe County Code Section 19-1 - Abandonment of rights -of -way states:
3
4 (a) No dedicated and accepted right-of-way in the county shall be abandoned where:
5 (1) the right-of-way terminates on a body of open water; or
6 • The platted right-of-way does not terminate on a body of open
7 water.
8 (2) the right-of-way provides access to the public to land on open water; or
9 • The platted right -of -right does not provide access to the public to
10 land on open water.
11 (3) the abandonment would preclude a way for the public to maintain access to
12 the water.
13 • The abandonment would not preclude a way for the public to
14 maintain access to water.
15
16 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is
17 an agreement to do so by all affected property owners. For purposes of this
18 subsection, an affected property owner is the owner of property which, if the right-of-
19 way is abandoned, will:
20 (1) Have access that is currently used by that property owner eliminated;
21 • The requested abandonment is for a platted, developed right-of-
22 way currently used for access by the property owners as the "T"
23 portion of the right of way leads directly to the petitioner's
24 driveway. The adjacent properties will continue using 7th Avenue
25 as access.
26 (2) Have the only platted access eliminated;
27 • As noted above, the properties will continue to be accessed by 7`h
28 Avenue.
29 (3) Have the paved area adjacent to that property increased for turn -around
30 purposes; or
31 • The applicant has stated the turnaround will remain as currently
32 constructed with no barriers or increase in size.
33 (4) Be increased in size.
34 • The affected property will be increased in size, but there is no
35 objection.
36
37 (c) A road may be abandoned only at the terminal portion of the road and in its full width
38 unless the abandonment will comply with the County Code requirements for road,
39 tum-around, and fire -rescue access and one of the following circumstances exists:
40 (1) An adjacent lot owner has on the platted right of way or within a setback a
41 substantial structure which predates the Special Session Law 59-1578
42 pertaining to maps, plats and right of way. The term "substantial structure"
43 specifically does not include wood or metal fences, sheds or tiki huts or other
44 items not listed which are accessory structures.
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 4 of 5
1 (2) The abandonment is requested by a County department or governmental
2 agency for a public purpose.
3 • The petitioner has requested abandonment of the entire width of
4 the right of way of one portion of the t- turnaround as shown in
5 the graphic within this report. Engineering Services objects to the
6 elimination of a constructed and functioning T-type turnaround at
7 the end of 7a' Avenue, a dead end street. Monroe County Code
8 Section 114.7(p) requires turnarounds at the end of dead end
9 streets.
10
11 (d) The board of county commissioners considers these a restriction on the rights of
12 individuals who desire to abandon properties in accordance with F.S. § 336.09.
13 • Not applicable
14
15 The requested abandonment of a portion of the right-of-way of Seventh Avenue West, adjacent
16 to Lot 13, Block 18, Cudjoe Gardens Sixth Addition, according to the Plat thereof as recorded in
17 Plat Book 6, at Page 66 of the Public Records of Monroe County, Florida does not met the
18 criteria cited above and is therefore, not suitable for abandonment.
19
20 RECOMMENDATION:
21
22 Staff recommends denial of the petition based on the recommendation from Monroe County
23 Engineering that the existing right of way be retained to conform to the requirements of Resolution 250-
24 1998 and meet dead end street turnaround requirements contained within Section 114.7(p) Monroe
25 County Code.
26
27
Mary C. Readel Rev Trust Road Abandonment Petition File # 2014-177
Page 5 of 5
Owner's Name:
Lai
Readel Mary C Rev Dec TR 7/29/03
Applicant: Mary C Readel Rev TR 7/29/03
Agent: Richard J McChesney, Esq.
Type of Application: Road Abandonment
Ke : Cudjoe Key
® 00174633.002700
County of Monroe
Growth Management Division
Plannine & Environmental Resources
Department
2799 Overseas Highway. Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
We strive to be caring, professional, and fair.
Dear Applicant:
Board of County Commissioners
Mayor Danny L. Kolhage, Dist. 1
Mayor Pro Tern Heather Carruthers, Dist. 3
George Neugent. Dist 2
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
Date:
Time:
This is to acknowledge submittal of your application for
Zni �rPc
Type of application
J
. �` ,y c -7
Project / Name
Thank you.
J
Planning Staff
to the Monroe County Planning Department.
1' 1a 91711 A
rkPITICAI N
MONROE COUNTY
PLANNING & ENVIRONMENTAL RESOURCES
10 0
=.mom, : .3. 3 P T
Road Abandonment Petition
raMMOMINNEHAMM
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 Abandonment Application Fee: $1,533.00
In addition to the application fee, the followingfees also apply:
Advertising Costs: $245.00
Date of Submittal: / 1 / i
Month Day Year
Property Owner / Petitioner:
Mary C. Readel Rev. Trust 7/29/03
Name
20820 7th Ave West, Cudjoe Key, FL
33040
Mailing Address (Street, City, State, Zip Code)
Please see Agent
Daytime Phone
Please see Agent
Email Address
Agent (if applicable):
Richard J. McChesney, Esq., Smith Oropeza,
PL
Name
138-142 Simonton St., Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
305-296-7227
Daytime Phone
rchard aasmithoropeza com
Email Address
Description of roadway to be abandoned:
A part of 7th Ave West, Cudjoe Gardens Sixth Addition, according to the Plat
thereof as recorded in Plat Book 6, Page 66, of the Public Records of Monroe
County, Florida. See attached survey for accurate legal description of
roadway to be abandoned.
Petitioners seek the abandonment for the following reasons:
The abandoned property will allow petitioners to create normal setbacks on
the property.
Legal description of contiguous property in which the abandoned roadway would become part:
(If in metes and bounds, attach legal description on separate sheet)
See attached legal description described in metes and bounds.
Page 1 of 4
Last Re%iced 07/2010
Al'l LICA`l ION
18 13 Cudjoe Gardens Sixth Addition Cudjoe Key
Block Lot Subdivision Kev (Island)
00174633-002700
1224413
Kea] hstate (RE) Number Alternate Key Number
20820 7`h Ave West, Cudjoe Key, FL 33040 MM 21
Street Address (Street, City, State, Zip Code) Approximate Mile Marker
Present use of the roadway to be abandoned:
Proposed use of the roadway to be abandoned:
Total land area of the roadway to be abandoned:
County Road/Driveway
Private Use/Driveway
Approximately 514.56 Sq. ft.
Please provide all reasons for why the county should grant the road abandonment (if necessary, attach
additional sheets):
Petitioner owns the majority of the adjacent land and is the only party using
the land to be abandoned. Petitioner seeks to unify this land by virtue of the
road abandonment.
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 tum-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, 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 maps, 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.
(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.
Page 2 of 4
Last Revised 07/20111
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)
Complete road abandonment application (unaltered and unbound); ATTACHED
Correct fee (check or money order to Monroe County Planning & Environmental Resources);
ATTACHED
Legal description of the portion of the roadway to be abandoned in metes and bounds; ATTACHED
AT TAR 1
Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); ATTACHED AT TAR 2.
Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's
property; ATTACHED AT TAB 3.
Location map (i.e. copy of strip map, aerial photograph); ATTACHED AT TAB 4.
Photograph(s) of the roadway to be abandoned; ATTACHED AT TAB 5.
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 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
clearly delineated); ATTACHED AT TAB 6.
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.); ATTACHED AT TAB 7
❑ 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); NOT APPLICABLE
❑ IF A CUL-DE-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). NOT APPLICABLE
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) ATTACHED AT TAB 8
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 electric communication services to the
same extent as is common within this area as to height, width and degree, upon request for such service or by the
Page 3 of 4
1.;mst 12ei-ked 0 J/2010
F.1 gu#r+�r�rl�
BOCC through its authorized agents. If easements 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 right-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-of-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 knowledge such information is true, complete and accurate.
Signature of Applicant: Date: it ' I
Sworn before me this _ day of Y" t
MADISON FALLON
•
P C
jg
MY COMMISSION #FF063393
-'•%cra°
EXPIRES July 19, 2016
(407) 398-0153
FlondaNOtaryServiCe.00M
otary Public
My Com 'ssion Expires
Please send the complete application package to the Monroe County Planning & Environmental Resources
Department, Marathon Goverment Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.
Page 4 of 4
I,:awt ReNiwd 07/201' 1
(Date)
I hereby authorize vrt� - be listed as authorized agent
(Name of Agent)
for for the application submittal for
(Name of Property Owner(s) the Applicant(s))
Property described as Lot: , Block /9
Subdivision: C� Z ,5 & n A .,"fo/gKey (island): & A2Za-,,-�
and Real Estate number. 06 / 7 ��`OQ QZ 700
This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until
terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes
stated
The undersigned understands the risks and liabilities involved in the granting of this agency and accepts full
responsibility for any and all of the actions of the agent named herein related to the processing of the services
requested, application(s) and/or the acquisition of approvals/permits for the aforementioned applicant. The
applicant(s) hereby indemnifies and holds harmless Monroe County, its officers, agents and employees for any
damage to applicant caused by its agent or arising from this agency authorization.
Note: Authorization is needed from each owner of the subject property. Therefore, one or more authorization
forms must be submitted with the application if there are multiple owners. n
PropertyOrder(s) Signature
Printed Name of Owners)
NOTARY:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of .� .� s 20
14
a is personally known produced identification
Type of Identification), did / did not take an oath.
No u ,;; MADISON FALLON
` MY COMMISSION #FF0637
EXPIRES July 19. 20
PAGE 1 OF 1 40?1 398 V 0 FlondallotaryService,c
May 2012
LEGAL DESCRIPTION OF PORTION OF ROADWAY RIGHT OF WAY TO BE ABANDONED (AUTHORED BY THE UNDER51GNED)
A portion of the Seventh Avenue West Right of Way, adjacent to Lot 13, Block 18, CUDJOE GARDENS 51XTH ADDITION, according to the
Plat thereof as recorded in Plat Book G, at Page GG of the Public Records of Monroe County, Florida and more particularly described as
follows:
COMMENCING at the Northeast corner of the said Lot 13 and running thence N90°00'00"W and along the Southerly Right of Way line of
the said Seventh Avenue West for a distance of 1 1 .59 feet to a point of curvature of a curve concave to the Southeast; thence Southerly
continuing along the Southerly Right of Way line of the said Seventh Avenue West along a curve having a radius of 12.50 feet and a central
angle of GO°08" 1 5" for 13. 1 2 feet to a point on the said curve, said point being the Point of Beginning of the parcel of land hereinafter
described; thence continuing Southerly along the Southerly Right of Way line of the said Seventh Avenue West along a curve having a radius
of 12.50 feet and central angle of 503030" for 12.35 feet to a point; thence 5G3° 1 5'00"W continuing along the Southerly Right of
Way line of the said Seventh Avenue West for a distance of 25.00 feet; thence N 2G°45'00"W and along of the Westerly Right of Way line
of the said Seventh Avenue West for a distance of 25.87 feet to a point on the said Westerly Right of Way line of Seventh Avenue West,
said point being the southeast corner of Lot 14, Block 18; thence N90°00'00"E for a distance of 34.29 feet back to the Point of
Beginning. Said parcel CONTAINS 5 14.5G 5QFT +/-.
PEcpmcd by and return to:
John M. Spottswood, Jr.
Attorney at Law
Spottswood, Spottswood & Spottswood
500 Fleming Street
Key West, FL 33040
305-294-9556
File Number: 06-019-JT
Will Call No.:
Parcel Identification No. 00174633-002700
Doep 1371364 03/1612US 3:43PH
Filed & Recorded in Official Record* of
MONROE COUNTY DANNY L. KOLHAGE
93/16/2006 3:43PM
DEED DOC STAMP CL: SG $9,541.00
Doep 1571364
Bkp 2194 PgN 398
Above This Line For Recording Datal
Warranty Deed
(STATUTORY FORM - SECTION 689.02, F.S.)
This Indenture made this 14th day of March, 2006 between R. WILLIAM STEVENSON and ANN M.
STEVENSON, husband and wife whose post office address is 20920 Seventh Ave. West, Cudjoe Key, FL 33042 of the
County of Monroe, State of Florida, grantor*, and MARY C. READEL as Trustee of the Revocable Declaration of
Trust for Mary C. Readel dated July 29, 2003, The Grantee, as trustee, has the full power conferred by Florida
Statute 699.071 including but not limited to the power & authority to protect, conserve and to sell, or to lease, or to
encumber, or other wise to manage and dispose of the real prooperty. whose post office address is 1006 Gregden
Shores D r., Sterling, IL 61081 of the County of Whiteside, State of Illinois, grantee*,
Witnesseth that said grantor, for and in consideration of the stun of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Monroe County, Florida, to -wit:
Lot 13, Block 18, Cudjoe Gardens Sixth Addition, according to the Plat thereof, recorded in Plat
Book 6, Page 66, of the Public Records of Monroe County, Florida.
Subject to taxes for 2006 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
and said grantor does hereby fully warrant the title to said Iand, and will defend the same against lawful claims of all persons
whomsoever.
* "Grantor" and "Grantee" are used for singular or plural, as context requires.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fast above written.
OoubleTimsa
DocN 1571364
Bkq 2194 P9N 399
vV
WitnessN SpTo Wev!D 7ti R. WILLIAM S/TTEV SON
Witness Natnc;lji ANe T• JG►ST 1 AWN M. STEVENSON
State of Florida
County of Monroe
The foregoing instrument was acknowledged before me this 0 day of March, 2006 by R. WILLIAM STEVENSON and
ANN M. STEVENSON, who L] are personally known or [X] have p uced a driver's license as identification.
r
[Notary Seal] Notary Public
�� " Oiane T. Castillo
Printed Name: 1�! APl2 T.
COITtt111�1Ot1 My Corrun ssion Expires:
Ex o
MONROE COUNTY
OFFICIAL RECORDS
Warranty Deed (Statutory Form) - Page 2 DDubleTimem
Property Search -- Monroe County Property Appraiser Page 1 of 6
Scott P. Russell, CFA
Property Appraiser Key West (305) 292-342C
Marathon (305) 289-255C
Monroe County, Florida Plantation Key (305) 852-
713C
Property Record Card Website tested on IE8,
Maps are now launching the newa a licatio y� a Fla h
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10.3 or higher
Alternate y:1224413 Parcel 00174633-002700
Ownership Details
Mailing Address:
READEI. MARY C REV DEC TR 7/29/03
1 20820 7TH AVE WEST
CUDJOE KEY. FL 33042
Propertyetails
PC Code: 01 - SINGLE FAMILY
Millage Group: 100C
Affordable Housing: No
Section -Township- 31-66-28
Range:
Property Location: 20820 77H AVE W CUDJOE KEY
Subdivision: CUDJOE GARDENS 6TH ADD
Legal Description: BK 18 LT 13 CUDJOE GARDENS SIXTH ADDITION CUDJOE KEY PB6-66 OR496-443 OR758-211
OR1636-159 OR2194-398TR
http://www.mcpafl.org//PropSearch.aspx 6/10/2014
Property Search -- Monroe County Property Appraiser
Page 2 of 6
r Click Map Image to open interactive viewer
40800 8TH AVE W El
Exemptions
Land Details
http://www.mcpafl.ora//Prot)Search.asox Aii niMi A
Property Search -- Monroe County Property Appraiser
Page 3 of 6
Land Use Code
Frontage Depth
Land Area
01CW - RLS CANAL/WATERFRONT
0 0
13.860.00 5f
9500 - SUBMERGED
900.00 SF
I
BuildingSummary
Number of Buildings: 1
Number of Commercial Buildings: 0
Total Living Area: 1324
j
Year Built: 1972
s
Building et it
Building Type R1 Condition G
Quality Grade 500
Effective Age 15 Perimeter 156
Depreciation % 16
Year Built 1972 Special Arch 0
Grnd Floor Area 1,324
a
Functional Obs 0 Economic Obs 0
Inclusions: R1 includes 1 3 fixture bath and 1 kitchen.
i
g
Roof Type IRR/CUSTOM Roof Cover TAR 8 GRAVFI.
Foundation CONCRETE SLAB
p Heat 1 NOW Heat 2 NOW
Bedrooms 2
V Heat Src 1 NOW Heat Src 2 NOW
Extra Features:
2 Fix Bath 0
Vacuum
0
3 Fix Bath 1
Garbage Disposal
0
4 Fix Bath 0
Compactor
0
5 Fix Bath 0
Security
0
6 Fix Bath 0
Intercom
0
7 Fix Bath 0
Fireplaces
0
Extra Fix 0
I
Dishwasher
0
2bF1: 16t1.
PDO SPX
4 90 8 F71211.48 8 FT
5 FT 1 16 Fr. 32 FT,
19 FT Fw
11 4325-151
21 FT
GBF
25 FT
567-96
14 FT
27 FT 53 Fr
13 FT
21 FT
actions:
http://www.mcuafl.or2//ProvSearch.ast)x 6/1()/')014
Property Search -- Monroe County Property Appraiser
Page 4 of 6
Nbr Type
Ext Wall
# Stories
Year Built
Attic A/C
Basement %
Finished B:
1 FLA
&C.B.S
1
1971
N Y
0.00
01
2 SPX
5:C.B.S.
1
1971
N Y
0.00
OX
3 GBF
5:C.U.S,
1
1971
N Y
0.00
O.0
4 PDO
1
1989
N Y
0.00
O.0
I
isc Improvement Details
Nbr
Type
# Units
Length
Width
Year Built
Roll Year
Grade
Life
1
SW2:SEAWAL[
240 SF
60
4
1976
1977
3
60
2
DK3:CONCRETE DOCK
300 SF
100
3
1976
1977
4
60
3
CL2:CH LINK FENCE
520 SF
4
130
1974
1975
1
30
4
AP2:ASPHALT PAVING
558 SF
31
18
1974
1975
1
25
5
PT2:BRICK PATIO
1,750 SF
35
50
1974
1975
4
50
7
RW2:RETAINING WALL
800 SF
200
4
1981
1982
1
50
8
SW2:SEAWALL
160 SF
40
4
1981
1982
4
60
9
DK4:WOOD DOCKS
49 SF
7
7
1999
2000
4
40
10
DK3:CONCRFTE DOCK
360 SF
36
10
1999
2000
1
60
11
PT37PATIO
123 SF
41
3
1999
2000
2
50
Appraiser dotes
2004 CUT-OUT DONE ON THIS PARCI_L, VALCURA UPDATED THE;: 2004 HISTORY TO REFLECT THIS CHANGE:.
2005/4/28 FOR SALE; EXIT REALTY 923-9624; LISTED AT $1,695,0001-MB 12/11/02 ADDLD PDO, 600 TO 550 & MISC. D.M.J.
� 1
f
Building Permits
Bldg Number
Date Issued
Date Completed Amount
Description
Notes
10105038
09/14/2010
12,000
Residential
BRICK DRIVEWAY/ WALKWAY/ PATIO
12103402
07/30/2012
6,000
Residential
PAVERS
12101259
03/15/2012
14,500
Residential
REMOVE METAL ROOF
13100784
03/15/2013
9,000
Residential
BOAT LIFT
Parcel Value History
Certified Roll Values,
View Taxes for this Parcel.
Roll
Year
Total Bldg
Value
Total Misc
Improvement Value
Total Land
Value
Total Just
(Market) Value
Total Assessed
Value
School
Exempt Value
School Taxable
Value
2013
160.473
25,020
581.646
767,139
669.769
25.000
644,759
2012
164,249
25,644
555,286
745179
658,563
25,000
633,563
2011
164,249
26209
448,924
639,382
639,382
25,000
614,382
http://www.mcpatl.org//PropSearch.aspx 6/10/2014
Property Search -- Monroe County Property Appraiser
Page 5 of 6
2010
2009
165,805
184,642
26,779
_ 27,498
466,429
466,429
659,013
678,569
659,013
678,569
25,000
25,000
634,013
653,569
2008
173,345
28,049
741,503
942,897
942,897
25,000
917,897
2007
186.893
24,598
944,280
1,155,771
1,155.771
25,000
1,130,771
2006
316,815
21,883
1,328,400
1,667.098
739,503
25,000
714,503
2005
187,742
22,256
_
590,400
800,398
717,964
25,000
692,964
2004
2003 _
2002
2001
174,053
217,566
122,548
122,548
22,999
23,829
23,311
16,559
500,000
236.160
154,980
154,980
697,052
477,555
300,839
294,087
697,052
477,555
300,839
294,087
25,000
0
0
0
672,052
477,555
300,839
294,087
2000
1999
1998
103,270
96,645
89,980
12,347
11,890
11,397
121,770
121,770
121,770
237,388
230,305
223,147
215,596
209,928
206,623
25,000
25000
25,000
190,596
184,928�
181,623�
1997
1996
89,980
64.222
11,763
11.261
121,770
121,770
223,513
197,253
203,170
197,253
25,000
25,000
178,170
172,253
1995
64,222
_
11,581
147,600
223,403
223.403
25,000
198.403
1994
1993
1992
61 164
59.556
59,556
11.341
3,028
3,112
147,600
........ 147,600
147,600
220.105
210,184
210,268
220,105
210,184
210,268
25,000
25,000
25,000
195,105
185,184
185,268
1991
1990
59,556
59,556
3.195
3,236
147,600
121,770
210,351
184,562
210,351
184,562
25,000
25,000
185,351
159,562
1989
51,788
2,885
116,604
171.277
171,277
25,000
146,277
1988
45,683
2,628
62,730
111.041
111,041
25.000
86,041
1987
51,849
3,528
56,826
112,203
112,203
0
112,203
1986
52.063
3,528
56.826
112,417
112,417
0
112,417
1985
50,279
3,528
56.826
110,633
110,633
0
110,633
1984
47.851
3,528
56,826
108,205
108,205
0
108.205
1983
47,851
3,528
56,826
108,205
108,205
0
108,205
1982
48,600
3,528
35,713
87,841
87,841
0
87,841
"' Parcel Sales History
NOR - Sales do not generally show up in our computer system until 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 be
processed. Thank you for your patience and understanding.
Sale Date
Official Records Book/Page
Price
Instrument
Qualification
3/7/2006
2194 / 398
1.363,000
WD
Q
5/26/2000
1636 / 159
429,000
WD
Q
4/1/1978
758 / 211
85,000
00
Q
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Property Search -- Monroe County Property Appraiser
Page 6 of 6
Monroe County Monroe County Property Appraiser
Scott P. Russell, CFA
P .0. Box 1176 Key West, FL 33041-1176
httn://www.mcnafl.org//PronSearch.asnx 6/1 0/In 14
Monroe County, Florida
MCPA GIS Public Portal MONROE COUNTY PROPERTY
THIS PROPeiTY LOCATION MAP IWB BEEN COMPILED FOR INTERNAL OFRCE USEABANAID IN THE WMMCIONOFTHEMONROE COUNTY TAX ROLL. 1'981
IT IS NOTASURVEYAND THE OWNERSHIP INFORMATION DIFICTE D THEREON SHOULD NOT BE RE IJE D UPON FOR TITLE PURPOSES. NEITHER MONROE
COUNTY NOR THE OFRCE OF THE PROPERTYAPPRAISER ASSUMES RESPONSIBILITY FORANY ERRORS OR OMISSIONS. Dab:611=014
S
f
September 29, 2014
Richard I McChesney, Esq.
SMITH OROPEZA, P.L.
138 —142 Simonton Street
Key West, FL 33040
RE: Road Abandonment — 20820 7t' Ave West, Cudjoe Key
Dear Mr. McChesney:
Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of
20820 7`" Ave West in Cudjoe Key. KEYS has no objection to the proposed road abandonment,
our facilities are outside of the proposed area.
If you have any questions, please feel free to contact me at 305.295.1055.
Sincerely,
f ,
Matthew Alfonso
Engineering Supervisor
Matthew.Aifonso(alKWEnergy.com
MA/mpa
Copied via electronic mail:
Lynne Tejeda, General Manager & CEO
Jack Wetzler, Assistant General Manager & CFO
Dale Finigan, Director of Engineering & Control
David Price, Director of T&D
Erica Zarate, Acting Director of Customer Services
LEGAL DESCRIPTION SKETCH
Pkopo5Eb RW ABANDONMEN,
DETAIL A
q- r'm ENTI I AVENUf
z A
5CX P4fv
10T 12
(0i s 1ACk"F 18
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ell
14,51 ',lf
5 " 15 rLL7
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5URVEY
B.�J 1-3
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. . .... ... .. .. .. . .... .
--- ------- --- -
FLORIDA KEYS
LAND IM-1
l..m. �� 6mdm
0 10 20 40
TOTAL AREA= J 3,448.17,5QFT±
111.111 Mew
.41 Q
Florida Keys
�D
1100 Kennedy Drive
Key West, Florida 33040
Telephone (305) 296-2454 Ti��J
w.fka.com
P°N�cn S40
A oe
October 23, 2014
Richard McChesney, ESQ
Smith/Oropeza, P.L.
13&142 Simonton Street
Key West, FL 33040
Dear Mr. McChesney:
RE: Abandonment of the portion of roadway right of way in Cudjoe Gardens Sixth Addition
Subdivision
I Robert Dean
Chairman
District 3
Antoinette M. Appall
Vice -Chairman
District 4
Brian L. Barroso
Secretary/Treasurer
District 1
Melva G. Wagner
District 2
David C. Ritz
District 5
Kirk Zuelch
Executive Director
The FKAA Board of Directors approved at the October 22, 2014 meeting, the above referenced project.
Pursuant to your request, staff has researched your request and the FKAA have no objection to the
abandonment of the portion of roadway right of way in Cudjoe Gardens Sixth Addition Subdivision in
Monroe County. The FKAA has no facilities located within the area of requested abandonment.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
A KEYS AQUEDUCT AUTHORITY
r)&5 a,
Mamie Walterson
Distribution Design Supervisor
MW/cma
C. Robert Feldman, General Counsel
Roy Coley, Operations Department Director
Key West Customer. Service Office
Monroe County Building Department
Engineering — Design Department
2601 sW 145 Ave Miramar, FI33027
Thursday, October 02, 2014
Richard J. McChesney, Esq.
Counsel for the Mary C. Readel Rev. Trust 7/29/03
Smith Oropeza, P.L.
138-142 Simonton Street
Key West, Florida, 33040
RE: Mark -Up Request / Adjustment of Utilities
Comast Letter of No Objection to Abandonment of Portion of 20820 7rh Ave
West, Cudjoe Key, Florida 33040
Comcast ID # - CWSI-M14-2168
Dear Mr. McChesney:
Please Be Advised ...in reference to the proposed abandonment of a portion of 20820 7t° Ave
West...
Comcast has reviewed the survey of the area of 20820 7'" Ave West, Cudjoe Key, Florida, that
the Mary C. Readel Rev. Trust 7/29/03 proposes be abandoned by Monroe County. The survey
was provided in an e-mail from Richard McChesney, Esq. on September 30, 2014.
Comcast does not object to the abandonment of the area delineated on the survey, which is
attached to this letter.
Should you have any further questions, please feel free to call me.
Cordially,
cc: Leonard Maxwell Newbold
cc: Ric Davidson
cc: Greg Daniels
aW
650 United St
Key West, FL 33040
Office: (305) 296-9077
Facsimile: (305) 296-9032
November 03, 2014
Richard J. McChesney, Esq.
Attorney at Law
138-142 Simonton Street
Key West, FL 33040
Subject:. Requested Road Abandonment.,
Monroe County Board of County Commissioners
Being a portion of 20820 7* Avenue West, Cudjoe Key, as shown on the attached
survey.
To Mr. Smith.
Our engineering department has reviewed the above referenced request. Presently, AT&T has no
existing facilities in the area of the above mentioned section. AT&T has no objection to the abandonment
of the above referenced Right of Way.
If further assistance is needed, please do not hesitate to call me on (305) 296-9077.
Thank You,
Herb Bradshaw
Manager OSP Planning & Engineering Design
AT&T Florida
LEGAL DE5CRI PTION 5KETCII
PROP05ED RAN ABANDONMENT
MAP O F
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BOUNDARY
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//��7' 49 Rk?A`i 11.99' MfAS
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7"-20•
CWTIVIF.DTO 0 10 20 40
Cm
" FLORIDA KEYS
LAND SURVEYING TOTAL AREA = 13,448. 17 5QfTt
1'J°4T:(PfRTNA�, NIT.H}VAY ..._._
. -, „ .,, � 3SIGARLOAF KEY R 33012
`' � , = S305S 334.3696
1MONROE COUNTY SHERIFF'S OFFICE
11 I,
S
To: Gail Creech, Planning Commission Coordinator
Fr: Capt. Don Hiller
Date: December 23, 2014
Re: Road abandonment Petition for Readel... File # 2014-177
I have reviewed the petition for road abandonment for the above described location. It appears
that this land is a small non buildable piece of land adjacent to the petitioner's property. The
Petitioner has maintained the property over the years. It is not a road. The property in question
is bordered by the petitioners other parcel of land. Ingress/egress is not an issue. There is not
going to be an issue with additional traffic or hazards to the 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 COLLEGE ROAD KFYWFST, FL 35040 *** (305)292 7001 WWW.KF,YSSO.NF,T
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
April 21, 2015
Re: Road Abandonment
20820 7th Ave Cudjoe Key
Richard J. McChesney, Esq.;
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 3. Murphy, District 5
The Monroe County Fire Marshal's Office has no objections to the road abandonment for
20820 7th Ave, Cudjoe Key Florida.
Fire apparatus access per NFPA, and FFP codes shall be maintained at all times during and
after construction.
Sincerely,
Tim Leonard
Deputy Fire Marshal
Monroe County Fire Rescue
Engineering Department
MEMORANDUM
To: Gail Creech, Planning Commission Coordinator
From: Judy Clarke, P.E., Director of Engineering Services
Date: January 15, 2015
Re: File # 2014-177, Mary C Readel Rev. Trust Road Abandonment Petition
I have reviewed the above referenced road abandonment petition for a portion of 71h Avenue
West in Cudjoe Gardens. The proposed abandonment does not conform to the requirements of
Resolution No. 250-1998 regarding abandonments of rights -of -way; additionally, granting the
requested abandonment will eliminate the t-turnaround at the end of 7th Avenue West.
Accordingly, Engineering Department objects to this petition, which would eliminate the
required T-turnaround.
If you should have any questions or need any additional information, please feel free to contact
me by telephone at 305-295-4329 or by email at clarke-judith@monroecounty-fl.gov.
Code Compliance Department
2798 Overseas Highway
Marathon, Florida 33050
Voice: (305) 289-2810
FAX: (305) 289-2858
County of Monroe
Growth Management Division
We strive to be caring, professional; and fair.
TO: Townsley Schwab, Planning Director
FROM: Ronda Norman, Sr. Director, Code Compliance
y,
DATE: 1-9-15
Board of County Commissioners
Mayor Danny L. Kolhage, Dist. 1
Mayor Pro Tern Heather Carruthers, Dist. 3
George Neugent, Dist. 2
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
REF: MONROE COUTNY BOCC ROAD ABANDONMENT FOR MARY C READEL REV TRUST 7-29-03
OUR FILE #2014-177
This memo is to advise that an inspection of the above referenced property and surrounding area was
found to have no code enforcement issues related to the abandonment request. Code Compliance has no
objections to the right of way abandonment requested.
20820 7th Ave 'VJ11est Cudjoe Key
Inspector N Dowling 01/05/2015 r