Item I10C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: I.10
Agenda Item Summary #4275
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
n/a
AGENDA ITEM WORDING: Approval of a resolution setting a public hearing for July 18, 2018,
at the Marathon Government Center, Marathon, to consider a request by Kampground of America,
Inc., for a resolution renouncing and disclaiming any right of the County and the public in and to a
portion of the right -of -way of Bow Road and an unnamed alley, as shown on the plat of
SUGARLOAF TOWNSITE, Plat Book 3, Page 180, bounded on the west by Lots 27, 28, 29, 30, &
31; bounded on the north by US1; bounded on the east by an unplatted parcel in Section 31,
Township 66 South and Range 28 East; and bounded on the south by Kings Row; Monroe County,
Florida
ITEM BACKGROUND:
The Applicant, John J Burke CFOD /Secretary and Authorized Representative of Kampground of
America, Inc. requests an abandonment of a portion of Bow Road and an un -named alley, in
SUGARLOAF TOWNSITE, according to the Plat thereof as recorded in Plat Book 3, Page 180, of
the Public Records of Monroe County, Florida, bounded on the west by Lots 27, 28, 29, 30, & 31;
bounded on the north by US 1; bounded on the east by an unplatted parcel in Section 31, Township
66 South and Range 28 East; and bounded on the south by Kings Row.
The Applicant is requesting the abandonment of a portion of the right -of -way of Bow Street and an
un -named alley that bisect the Applicant's property. The platted right of way and alley have never
been built. The petitioner has made the request in order to allow for greater use of his properties.
Kampground of America, Inc. owns the properties on both sides of the portion of the street and alley
requested to be abondoned. The entire portion of the right of way would revert to the Applicant for a
total area of 9,820.59 square feet
This petition has been reviewed by County staff and written recommendations of no objection were
received from all relevant utilities and County departments. No easement agreement was requested
by any utility company.
Staff has found that the proposed abandonment meets the criteria of Monroe County Code Section
19 -1.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval of a resolution setting a public hearing for July 18,
2018, at the Marathon Government Center, Marathon.
Packet Pg. 1216
DOCUMENTATION:
Set Hearing Resolution
Staff Report
2018 -085 FILE
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
h]X TA1 IH17."
Emily Schemper
Completed
Steve Williams
Completed
Jaclyn Carnago
Completed
Assistant County Administrator Christine
Hurley
06/04/2018 9:30 AM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
05/30/2018 3:18 PM
05/31/2018 10:35 AM
06/01/2018 10:08 AM
Completed
06/04/2018 9:40 AM
06/04/2018 10:58 AM
06/04/2018 11:40 AM
06/20/2018 9:00 AM
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MONROE COUNTY, FLORIDA
RESOLUTION NO. -2018
A RESOLUTION SETTING THE DATE, TIME, AND PLACE
FOR A PUBLIC HEARING TO CONSIDER A REQUEST BY
KAMPGROUND OF AMERICA, INC., FOR A RESOLUTION
RENOUNCING AND DISCLAIMING ANY RIGHT OF THE
COUNTY AND THE PUBLIC IN AND TO A PORTION OF
THE RIGHT -OF -WAY OF BOW ROAD AND AN UNNAMED
ALLEY, AS SHOWN ON THE PLAT OF SUGARLOAF
TOWNSITE, PLAT BOOK 3, PAGE 180, BOUNDED ON THE
WEST BY LOTS 27, 28, 29, 30, & 31; BOUNDED ON THE
NORTH BY US1; BOUNDED ON THE EAST BY AN
UNPLATTED PARCEL IN SECTION 31, TOWNSHIP 66
SOUTH AND RANGE 28 EAST; AND BOUNDED ON THE
SOUTH BY KINGS ROW; 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, 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,
34 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
35 MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on July 18, 2018
36 at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, to
37 determine whether or not the Board will renounce and disclaim any right of the County and the
38 public in and to the following described streets, alley -ways, roads, or highways as delineated on
39 the hereinafter described map or plat, to -wit:
40
41 A portion of the Bow Road PUBLIC Right of Way and the un -named 15 foot wide
42 alleyway PUBLIC Right of Way, adjacent to Lots 27, 28, 29, 30 and 31, SUGARLOAF
43 TOWNSITE, according to the map or plat thereof, as recorded in Plat Book 3, Page 180, of the
44 Public Records of Monroe County, Florida and being more particularly described as follows:
45
46 BEGINNING at the Southeast corner of the said Lot 30 and running thence N72047'20 "E
47 along the extension of the Southerly line of said Lot 30 for a distance of 44.51 feet to a point on
File ## 2018 -085 Page 1 of 2
I the Easterly Right of Way line of Bow Road, thence N0027'00 "E along the said Easterly Right of
2 Way line of Bow Road for a distance of 304.63 feet to a point on the Southerly Right of Way line
3 of U.S Highway No. 1; thence 57203246 "W along the said Southerly Right of Way line of U.S.
4 Bow Road along a curve concave to the Southwest, having a radius of 25.00 feet, center angle of
5 107048'20 " and a chord bearing of 55302845 "E for an arc length of 47.08 feet to a point;
6 thence S0027'00 "W continuing along the Westerly Right of Way of the said Bow Road for a
7 distance of 123.22 feet to a point, said point being the Southeasterly corner of the said Lot 29,
8 SUGARLOAF TOWNSITE, according to the neap or plat thereof, as recorded in Plat Book 3,
9 Page 180, of the Public Records of Monroe County, Florida; thence S72047'20 "W along the
10 Northerly Right of Way line of the said 15 foot wide un -named alleyway for a distance of 127.26
11 feet to a point, said point being the Southwesterly corner of Lot 27, SUGARLOAF TOWNSITE,
12 according to the map or plat thereof, as recorded in Plat Book 3, Page 180, of the Public
13 Records of Monroe County, Florida; thence S1701051 "E for a distance of 15.00 feet to a point,
14 said point being the Northwesterly corner of Lot 31, SUGARLOAF TOWNSITE, according
15 N72047'20 "E along the Southerly Right of Way line of the said 15 foot wide un -named alleyway
16 for a distance of 122.48 feet to a point, said point being the Northeasterly corner of lot 30,
17 SUGARLOAF TOWNSITE, according to the map or plat thereof, as recorded in plat Book 3,
18 Page 180, of the Public Records of Monroe County, Florida, thence S0027'00 "W along the
19 Westerly right of Way line of the said Bow Road for a distance of 112.91 feet to a point of
20 curvature; thence continue along the Westerly Right of Way line of the said Bow Road along a
21 curve concave to the Northwest, having a radius of 25.00 feet, a central angle of 72020'20 " and
22 a chord bearing of S3603770Wfor an arc length of 31.56 feet back to the Point of Beginning.
23 Said parcel CONTAINS 9,820.59 square feet, more or less.
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26 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
27 at a regular meeting of the Board held on the 20 day of June 2018.
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29 Mayor David Rice
30 Mayor Pro Tern Sylvia J. Murphy __
31 Commissioner Danny L. Kolhage
32 Commissioner George Neugent
33 Commissioner Heather Carruthers
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35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
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39
40 BY
41 (SEAL) Mayor David Rice
42
43 ATTEST: AMY HEAVILIN, CLERK
44 APPROVED AS TO FORM
45 By ND LEGAL SU I IENCY
46 Deputy Clerk BY
E
�4TF -
File # 2018 -085 Page 2 of 2 e y
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�Yrf P
MEMORANDUM
Monroe County Planning & Environmental Resources Department
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, Assistant County Administrator
From: Emily Schemper, Director of Planning & Environmental Resources
Date: May 25, 2018
Subject: A public hearing to consider a request by Kampground of America, Inc., for a
resolution renouncing and disclaiming any right of the County and the public in
and to a portion of the right -of -way of Bow Road and an unnamed alley, as shown
on the plat of SUGARLOAF TOWNSITE, Plat Book 3, Page 180, hounded on the
west by Lots 27, 28, 29, 30, & 31; hounded on the north by US-1; hounded on the
east by an unplatted parcel in Section 31, Township 66 South and Range 28 East;
and hounded on the south by Kings Row; Monroe County, Florida (File #2018-
085)
BOCC Meeting: June 20, 2018 (set public hearing)
July 18, 2018 (public hearing)
REQUEST:
The Applicant, John J Burke CFOD /Secretary and Authorized Representative of Kampground of
America, Inc. requests an abandonment of a portion of Bow Road and an un -named alley, in
SUGARLOAF TOWNSITE, according to the Plat thereof as recorded in Plat Book 3, Page 180,
of the Public Records of Monroe County, Florida, bounded on the west by Lots 27, 28, 29, 30, &
31; bounded on the north by US I; bounded on the east by an unplatted parcel in Section 31,
Township 66 South and Range 28 East; and bounded on the south by Kings Row.
The Applicant is requesting the abandonment of a portion of the right -of -way of Bow Street and
an un -named alley that bisect the Applicant's property. The platted right of way and alley have
never been built. The petitioner has made the request in order to allow for greater use of his
properties. Kampground of America, Inc. owns the properties on both sides of the portion of the
street and alley requested to be abondoned. The entire portion of the right of way would revert to
the Applicant for a total area of 9,820.59 square feet.
KOA Abandonment Petition File 42018 -085 Page 1 of 7
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Figure 1- Proposed Right of Way Abandonment location.
KOA Abandonment Petition File #2018 -085 Page 2 of 7
Packet Pg. 1221
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REVIEW OF APPLICATION:
The requested Right of Way Abandonment is established within the SUGARLOAF TOWNSITE
plat a subdivision in Section 31, Township 66 South and Range 28 East. The plat was recorded
on January 5, 1957.
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Proposed Right of Way
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Abandonment r �
Figure 2- Excerpt of SUGARLOAF TOWNSITE Plat
The proposed abandonment portion is described as follows:
A portion of the Bow Road PUBLIC Right of Way and the un -named 15 foot wide alleyway
PUBLIC Right of Way, adjacent to Lots 27, 28, 29, 30 and 31, SUGARLOAF TOWNSITE,
according to the map or plat thereof, as recorded in Plat Book 3, Page 180, of the Public
Records of Monroe County, Florida and being more particularly described as follows:
BEGINNING at the Southeast corner of the said Lot 30 and running thence N72 ° 47'20 "E along
the extension of the Southerly line of said Lot 30 for a distance of 44.51 feet to a point on the
Easterly Right of Way line of Bow Road; thence N0 ° 27'00 "E along the said Easterly Right of
Way line of Bow Road for a distance of 304.63 feet to a point on the Southerly Right of Way line
of U.S. Highway No. 1; thence S72 0 32'46 "W along the said Southerly Right of Way line of U.S.
Bow Road along a curve concave to the Southwest, having a radius of 25.00 feet, center angle of
107 ° 48'20" and a chord bearing of S53 0 28'45 "E for an arc length of 47.08 feet to a point;
thence SO ° 27'00 "W continuing along the Westerly Right of Way of the said Bow Road for a
distance of 123.22 feet to a point, said point being the Southeasterly corner of the said Lot 29,
SUGARLOAF TOWNSITE, according to the map or plat thereof, as recorded in Plat Book 3,
Page 180, of the Public Records of Monroe County, Florida; thence S72 0 47'20 "W along the
Northerly Right of Way line of the said 15 foot wide un -named alleyway for a distance of 127.26
KOA Abandonment Petition File 42018 -085 Page 3 of 7
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feet to a point, said point being the Southwesterly corner of Lot 27, SUGARLOAF TOWNSITE,
according to the map or plat thereof, as recorded in Plat Book 3, Page 180, of the Public
Records of Monroe County, Florida; thence S17 ° 1051 "E for a distance of 15.00 feet to a point,
said point being the Northwesterly corner of Lot 31, SUGARLOAF TOWNSITE, according
N72 Y along the Southerly Right of Way line of the said 15 foot wide un -named alleyway
for a distance of 122.48 feet to a point, said point being the Northeasterly corner of lot 30,
SUGARLOAF TOWNSITE, according to the map or plat thereof, as recorded in plat Book 3,
Page 180, of the Public Records of Monroe County, Florida; thence SO ° 27'00 "W along the
Westerly right of Way line of the said Bow Road for a distance of 112.91 feet to a point of
curvature; thence continue along the Westerly Right of Way line of the said Bow Road along a
curve concave to the Northwest, having a radius of 25.00 feet, a central angle of 72 ° 20'20" and
a chord bearing of S36 V OWfor an arc length of 31.56 feet back to the Point of Beginning.
Said parcel CONTAINS 9,820.59 square feet, more or less.
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Figure 3- Excerpt of boundary Survey
The Applicant, John J Burke CFOD /Secretary and Authorize Representative of Kampground of
America, Inc. owns all properties on both sides of the portion of Bow Road and the un -named
Alley requested to be abondoned. The Applicant has submitted a road abandonment petition in
order to eliminate a gap of ownership and unify his property (RE No.: 00118180- 000100)
KOA Abandonment Petition File 42018 -085 Page 4 of 7
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This petition has been reviewed by County staff and written recommendations of no objection
were received from the following private utilities and County departments:
Keys Energy Service, letter dated April 05, 2018
AT &T, April 05, 2018
Comcast, letter dated April 20, 2018
Florida Keys Aqueduct Authority dated May 4, 2018
Monroe County Fire Marshal, letter dated May 9, 2018 and May 16, 2018.
Monroe County Sheriff's Office, dated May 16, 2018
Monroe County Engineering Department dated May 21, 2018
No easement agreement was requested by any utility company.
Monroe County Code Section 19 -1 - Abandonment of rights -of -way states:
(b) 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
• The platted right -of -way does not terminate on a body of open
water.
(2) the right -of -way provides access to the public to land on open water; or
• The platted right -of -way does not provide access to the public to
land on open water.
(3) the abandonment would preclude a way for the public to maintain access to
the water.
• The abandonment would not preclude a way for the public to
maintain access to 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;
• The requested abandonment is for a portion of right -of -way that
bisects the petitioner's properties. The requested portion is
platted but never has been built. This portion of the street only
gives access to the petitioner properties.
(2) Have the only platted access eliminated;
• The requested abandonment is for a platted undeveloped portion
of right -of -way of an unnamed alley and Bow Road, north of
King's Row, which is not used for access by other properties.
(3) Have the paved area adjacent to that property increased for turn- around
purposes; or
• There is not a requirement for a T- turnaround given the location
of the right of way abandonment
(4) Be increased in size.
KOA Abandonment Petition File 42018 -085
Page 5 of 7
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• The affected property will increase in size by 9,820.59 square feet,
however, there is no objection to this increase.
(d) All right of way abandonments shall comply with the County Code and Standard
Engineering requirements for road, turn- around and fire- rescue access. If required
for safety purposes, as determined by either Fire Marshal or County Engineer, a
dedicated turn- around area shall be shown on the submitted survey and shall be
agreed to in writing and constructed with payment by the property owner(s)
requesting abandonment.
• No objections were given from Monroe County Fire Marshal,
letter dated May 9, 2018. On May 16, 2018, an updated letter
was submitted after the Fire Marshal reviewed on site with the
owner's representative the conceptual and preliminary plans.
The application was reviewed applying the referenced Florida
Fire Prevention Code and NFPA 119; Standard for Recreational
Vehicle Parks and Campgrounds, 2011 Ed. The Fire Marshal
requested a revision of the conceptual and preliminary plans
providing for enhanced life and fire safety consideration as
follows;
1. Installation of private fire hydrants
2. Enhanced ingress and egress
3. Designated access and egress of support services
• No objections were given from Engineering Services, letter
dated May 21, 2018.
(e) A right of way may be abandoned only at the terminal portion of the road and in its
full width unless one of the following applies;
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; or
2. The abandonment is requested by a County department or governmental agency
for a public use; for purposes of this subsection public use is a public facility
and /or public /private utility; or
3. The right of way area is unusual in size or shape and after abandonment the
remaining right of way width will be the same on both sides of the
abandonment as shown in Example 1.
• The petition is for a portion of right -of -way of the platted Bow
Road and an unnamed alley, north of King's Row. The requested
right of way will be bestowed to the applicant being the owner of
the properties on both sides of the street and alley.
KOA Abandonment Petition File 42018 -085
Page 6 of 7
I The requested abandonment of a portion of the right -of -way of Bow Road and an unnamed alley,
2 in SUGARLOAF TOWNSITE a subdivision in Section 31, Township 66 South, Range 28 East,
3 on SUGARLOAF KEY, Monroe County, Florida meets the criteria cited above and is therefore
4 suitable for abandonment.
5
6 RECOMMENDATION
7 Staff recommends approval of the requested abandonment.
8
9
KOA Abandonment Petition File 42018 -085 Page 7 of 7