Item P6C 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
July 18, 2018
Agenda Item Number: P.6
Agenda Item Summary #4370
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Approval of a resolution renouncing and disclaiming any right of
the County and the public in and to a portion of the right -of -way of East First Street, as shown on the
plat of MANDALAY, Plat Book 1, Page 194, bounded on the north by Block 2, Lots 26, 27, 28, &
29; bounded on the west by the portion of East First Street previously abandoned by BOCC
Resolution 603 -2006; bounded on the south by Block 3, and 36 East Second Street 22; and bounded
on the east by East First Street; Key Largo, Monroe County, Florida.
ITEM BACKGROUND:
My Family Trust, C/O Samuel Stoia, Trustee (the Applicant) has requested abandonment of a
portion of the right -of -way at East First Street in Mandalay subdivision, according to the Plat thereof
as recorded in Plat Book 1, page 194, of the Public Records of Monroe County, Florida, bounded on
the North by Block 2 Lots 26, 27, 28 & 29 and to the South by Block 3 and 36 E Second Street 22,
Key Largo, Monroe County, in order to consolidate the Applicant's property on either side of the
street. The applicant owns all property adjacent to the north and a majority of the property adjacent
to the south of the above referenced portion of East First Street. Currently, the right of way in
question is used as a driveway and additional parking space for tenants living on these adjacent
parcels. The owner of the adjacent property to the southwest, which would receive 625 square feet of
abandoned right -of -way, Key Marina Development LLC (RE No. 00554420- 000000), has provided
a letter of no objection.
The applicant has provided written agreement to construct a T- turnaround per Monroe County
engineering standards.
Staff has found that the proposed abandonment meets the criteria of Monroe County Code Section
19 -1.- Abandonment of rights -of -way.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2018- Approval of a resolution setting the public hearing for July 18, 2018.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution No. -2018
Staff Report
Exhibit 1 to Staff Report - Resolution 603 -2006
Exhibit 2 to Staff Report - Turnaround Agreement
2017 -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:
REVIEWED BY:
Emily Schemper
Completed
Assistant County Administrator Christine
Hurley
06/26/2018 4:22 PM
Steve Williams
Completed
Jaclyn Carnago
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Mayte Santamaria
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
06/26/2018 4:10 PM
Completed
06/29/2018 9:52 AM
07/02/2018 3:02 PM
07/02/2018 5:22 PM
07/03/2018 7:28 AM
07/03/2018 1:45 PM
07/03/2018 1:48 PM
07/18/2018 9:00 AM
Petitioner: Sam Stoia, File No. 2017 -085
RESOLUTION NO, -2018
A RESOLUTION OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RENOUNCING AND
DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC
IN AND TO THAT PORTION OF THE RIGHT -OF -WAY AT
EAST FIRST STREET, IN A PART OF MANDALAY A
SUBDIVISION IN SECTION 6, TOWNSHIP 62 SOUTH,
RANGE 39 EAST, ON KEY LARGO, MONROE COUNTY,
FLORIDA.
WHEREAS, an application was filed by My Family Trust, CIO Sam Stoia, to abandon a portion
of the right of way at East First Street, in MANDALAY Subdivision, according to the Plat
thereof as recorded in Plat Book 1, Page 194, of the Public Records of Monroe County, Florida,
adjacent to Lots 26, 27, 28 & 29 Block 2 on the north side and 36 E Second Street 22 and 97601
Overseas Hwy on the south side of East First Street of the aforementioned plat; and
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter right of
way; and
WHEREAS, 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; and
. WHEREAS, due notice has been published and a public hearing has been held in
accordance with Chapter 336, Florida Statutes; and
WHEREAS, at said public hearing, the Board considered the argument of all parties
present wishing to speak on the matter, and considered the renouncing and disclaiming of any
right of the County and the public in and to the hereinafter described right of way as delineated
on the hereafter described map or plan; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY
1. Renounces and disclaim any right of the County and public in and to the
following described right of way, streets, alley -ways, roads, or highways as delineated on the
hereinafter described map or plat, to -wit:
A portion of East First Street, a 50 foot wide public right -of -way as shown on
NIANDALAY, according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public
Records of Monroe County, Florida described as follows:
File # 2017 -085 Page 1 of 3
LAND DESCRIPTION "Portion A "
All of those portions of the southeasterly half right -of -way of said East First Street directly
northwest of and adjacent to the northwesterly line of the northeasterly 25 feet of the
southwesterly 225 feet of said Block 3, bound on the southwest by the abandoned portion of said
East First Street per Resolution 603 -2006, Monroe County, Florida.
ALSO DESCRIBED BY METES AND B 0 UNDS A S FOLL 0 WS:
BEGIN at the intersection of the northwesterly line of said Block 3 with the southwesterly line of
the northeasterly 25 feet of the southwesterly 225 feet of said Block 3; thence N 44 ° 49'35" W
along the northwesterly extension of the southwesterly line of the northeasterly 25 feet of the
southwesterly 225 feet of said Block 3, a distance of 25.00 feet to the centerline of said East First
Street; thence N 45 ° 10'25" E along said centerline, 25.00 feet to the northwesterly extension of
the southwesterly line of the southwesterly 200 feet to the northeasterly 325 feet of said Block 3;
thence S 44 ° 49'35" E along said northwesterly extension of the southwesterly line of the
southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the
northwesterly line of said Block 3, also being the southeasterly right -of -way line of said East
First Street; thence S 45 ° 10'25" W along said northwesterly line and said right -of -way line, a
distance 25 feet to the POINT OF BEGINNING.
Said lands lying and situate in Key Largo, Monroe County, Florida, containing 625 square feet
(0.014 acres), more or less.
LAND DESCRIPTION "Portion B "
All of those portions of the northwesterly half right -of -way of said East First Street directly
southeast of and adjacent to the southeasterly lines of lots 26 through 29 inclusive, Block 2, of
said Plat, bound on the southwest by the abandoned portion of said East First Street by
Resolution No. 603 -2006, Monroe County, Florida.
TOGETHER WITH:
All of those portions of the southeasterly half right -of -way of said East First Street directly
northwest of and adjacent to the northwesterly line of the southwesterly 200 feet of the
northeasterly 325 feet of said block 3, LESS the north 25.51 feet thereof.
ALSO DESCRIBE BY METES AND BOUNDS AS FOLLOWS:
BEGIN at the southeast corner of said Lot 29; thence N 45 ° 10'25" E along the southeasterly line
of said Block 2, also being the northwesterly right -of -way line of said East First Street, a
distance of 200.00 feet to the northeasterly line of said Lot 26; thence S 44 ° 49'35" E along the
southeasterly extension of the northeasterly line of said Lot 26, a distance of 50.00 feet to the
southeasterly right -of -way line of said East First Street; thence S45 0 10'25" W along the
nothwesterly line of said Block 3 and said southeasterly right -of -way line, a distance of 175.00
feet to the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said
Block 3; thence N 44 0 49'35 " W along the northwesterly extension of the southwesterly line of the
southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the
centerline of said East First Street; thence S 45 ° 10'25" W along said centerline, 25.00 feet to the
southeasterly extension of the southwesterly line of said Lot 29; thence N 44 ° 49'35" W along
said southwesterly extension of the southwesterly line of said Lot 29, a distance of 25.00 feet to
the POINT OF BEGINNING.
File # 2017 -085 Page 2 of 3
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 18` day of July 2018.
Mayor David Rice
Mayor Pro Tern Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
(SEAL) Mayor David Rice
ATTEST: KEVIN MADDOK, CLERK
By
Deputy Clerk
R13E COUN
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File # 2017 -085 Page 3 of 3
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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, Acting Senior Director of Planning & Environmental Resources
Date: May 3, 2018
Subject: A public hearing to consider a request by My Family Trust, C/O Samuel Stoia,
Trustee, 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 East First Street, as shown on
the plat of MANDALAY, Plat Book 1, Page 194, hounded on the north by Block 2,
Lots 26, 27, 28, & 29; hounded on the west by the portion of East First Street
previously abandoned by BOCC Resolution No. 603 -2006; hounded on the south
by Block 3, and 36 East Second Street 22; and hounded on the east by East First
Street; Key Largo, Monroe County, Florida. (File #2017 -085)
BOCC Meeting: June 20, 2018 (set public hearing)
July 18, 2018 (public hearing)
REQUEST:
My Family Trust, C/O Samuel Stoia, Trustee (the Applicant) has requested abandonment of a
portion of the right -of -way of East First Street as shown on the plat of Mandalay, Plat Book 1,
Page 194; bounded on the north by Block 2, Lots 26, 27, 28, & 29; bounded on the west by the
portion of East First Street previously abandoned by BOCC Resolution No. 603 -2006 (see
Exhibit 1) (now a part of the property with the address 97601 Overseas Hwy); bounded on the
south by Block 3, and 36 East Second Street 22; and bounded on the east by East First Street; in
Key Largo, Monroe County, Florida. The Applicant is requesting the abandonment in order to
consolidate his property on either side of the street. The Applicant owns all adjacent property to
the north, and a majority of the adjacent property to the south of the above referenced portion of
East First Street. Currently, the right -of -way in question is used as a driveway and additional
parking space for tenants living on these adjacent parcels.
As required by Florida Statue, the right -of -way would be divided with the adjacent property
owner at the west end of the subject segment of right -of -way. The Applicant would receive 9,375
square feet of additional land area, while the adjacent property owner would receive 625 square
feet of additional land area, for a total area of 10,000 square feet. The owner of the adjacent
property to the southwest, Key Marina Development, LLC (RE No. 00554420- 000000), has
provided a letter of no objection.
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File 42017 -085 Page 1 of 8
As requested by Monroe County, the Applicant has provided a written agreement to construct a
T- turnaround per Monroe County engineering standards.
(the remainder of this page intentionally left blank)
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File 42017 -085 Page 2 of 8
Figure 1. Proposed Right of Way Abandonment location (outlined in yellow and orange)
REVIEW OF APPLICATION:
The portion of right -of -way requested to be abandoned was established within the plat of
MANDALAY, Plat Book 1, Page 194, a subdivision in Section 6, Township 62 South and Range
39 East. The plat was recorded on August 26, 1927.
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Figure 2- Excerpt of MANDALAY Plat
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File 42017 -085 Page 3 of 8
The proposed abandonment portion is described as follows:
A portion of East First Street, a 50 foot wide public right -of -way as shown on MANDALAY,
according to the Plat thereof, as recorded in Plat Book 1, Page 194, of the Public Records of
Monroe County, Florida described as follows:
LAND DESCRIPTION "Portion A "
All of those portions of the southeasterly half right -of -way of said East First Street directly
northwest of and adjacent to the northwesterly line of the northeasterly 25 feet of the
southwesterly 225 feet of said Block 3, bound on the southwest by the abandoned portion of said
East First Street per Resolution 603 -2006, Monroe County, Florida.
ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGIN at the intersection of the northwesterly line of said Block 3 with the southwesterly line of
the northeasterly 25 feet of the southwesterly 225 feet of said Block 3; thence N 44 ° 49'35" W
along the northwesterly extension of the southwesterly line of the northeasterly 25 feet of the
southwesterly 225 feet of said Block 3, a distance of 25.00 feet to the centerline of said East First
Street; thence N 45 ° 10'25" E along said centerline, 25.00 feet to the northwesterly extension of
the southwesterly line of the southwesterly 200 feet to the northeasterly 325 feet of said Block 3;
thence S 44 ° 49'35" E along said northwesterly extension of the southwesterly line of the
southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the
northwesterly line of said Block 3, also being the southeasterly right -of -way line of said East
First Street; thence S 45 ° 10'25" W along said northwesterly line and said right -of -way line, a
distance 25 feet to the POINT OF BEGINNING.
Said lands lying and situate in Key Largo, Monroe County, Florida, containing 625 square feet
(0.014 acres), more or less.
LAND DESCRIPTION "Portion B"
All of those portions of the northwesterly half right -of -way of said East First Street directly
southeast of and adjacent to the southeasterly lines of lots 26 through 29 inclusive, Block 2, of
said Plat, bound on the southwest by the abandoned portion of said East First Street by
Resolution No. 603 -2006, Monroe County, Florida.
TOGETHER WITH:
All of those portions of the southeasterly half right -of -way of said East First Street directly
northwest of and adjacent to the northwesterly line of the southwesterly 200 feet of the
northeasterly 325 feet of said block 3, LESS the north 25.51 feet thereof.
ALSO DESCRIBE BY METES AND BOUNDS AS FOLLOWS:
BEGIN at the southeast corner of said Lot 29; thence N 45 ° 10'25 " E along the southeasterly line
of said Block 2, also being the northwesterly right -of -way line of said East First Street, a
distance of 200.00 feet to the northeasterly line of said Lot 26; thence S 44 ° 49'35" E along the
southeasterly extension of the northeasterly line of said Lot 26, a distance of 50.00 feet to the
southeasterly right -of -way line of said East First Street; thence S45 ° 10'25" W along the
nothwesterly line of said Block 3 and said southeasterly right -of -way line, a distance of 175.00
feet to the southwesterly line of the southwesterly 200 feet of the northeasterly 325 feet of said
File 42017 -085 Page 4 of 8
Block 3; thence N 44 ° 49'35" W along the northwesterly extension of the southwesterly line of the
southwesterly 200 feet of the northeasterly 325 feet of said Block 3, a distance of 25.00 feet to the
centerline of said East First Street; thence S 45 ° 10'25" W along said centerline, 25.00 feet to the
southeasterly extension of the southwesterly line of said Lot 29; thence N 44 ° 49'35" W along
said southwesterly extension of the southwesterly line of said Lot 29, a distance of 25.00 feet to
the POINT OF BEGINNING.
Said lands lying and situate in Key Largo, Monroe County, Florida, containing 9,375 square
feet (0.215 acres), more or less.
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Figure 3- Excerpt of boundary survey
The Applicant, Sam Stoia, as Trustee of My Family Trust, owns most of the properties on both
sides of the requested portion to abandon of East First Street. The petitioner has submitted a road
abandonment petition in order to eliminate a gap of ownership and unify his properties.
(Applicant's properties include parcels with RE No.: 00554620- 000000, 00554610- 000000,
00554600- 000000, 00554590- 000000, 00554710- 000000)
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File 42017 -085 Page 5 of 8
The owner of the adjacent property, Key Marina Development LLC (RE No. 00554420- 000000),
has provided a letter of no objection. The right of way will be apportioned to both owners at the
west end as described in the legal description and survey provided above.
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 March 27, 2017
• AT &T, letter not dated
• Comcast, letter dated April 18, 2017
• Florida Keys Aqueduct Authority, letter dated May 30, 2017
• Monroe County Fire Marshal, letter dated April 20, 2017
• Code Compliance, letter dated June 30, 2017
• Monroe County Sheriff's Office, letter dated December 4, 2017
• Monroe County Engineering Department, letter dated January 3, 2018
The Florida Keys Aqueduct Authority's (FKAA) letter of no objection stated that the owner has
agreed to pay for relocation of a 6" water main in the area. Additionally, Comcast and AT &T
have stated that the Applicant will be responsible for the cost associated to relocate any utility
lines if it becomes necessary. No easement agreement was requested by any utility company.
Monroe County requires the Applicant to construct a T- turnaround in accordance with
engineering standards to provide a safe turnaround. The applicant has agreed to construct a T-
turnaround at his expense per Monroe County engineering standards as provided in the Right of
Way Abandonment Agreement for Turnaround Construction attached as Exhibit 2 to this report.
The agreement will be recorded and accepted by Monroe County as part of the abandonment
resolution.
Monroe County Code Section 19 -1 - Abandonment of rights -of -way states:
(b) No dedicated and accepted right -of -way in the county shall he 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 he 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;
File 42017 -085 Page 6 of 8
• The requested abandonment is for right -of -way that bisects the
petitioner's properties at the west terminus of East First Street.
This portion of the street only gives access to the petitioner
properties. All adjacent East properties will continue to access
East First Street from First Avenue.
(2) Have the only platted access eliminated;
• The requested abandonment is for a portion of right -of -way at the
west end of East First Street, which is not used for access by other
properties.
(3) Have the paved area adjacent to that property increased for turn - around
purposes; or
• A T- turnaround is required by Monroe County given the location
of the right -of -way abandonment. The applicant has agreed to
construct the turnaround within the existing right of way at his
expense.
(4) Be increased in size.
• The property of the adjacent land owner, Key Marina
Development, LLC, will increase by 625 square feet. This land
owner has provided a letter of no objection to the proposed
abandonment. The Applicant's property will be increased in size
by 9,375 square feet (0.215 acres).
(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 the Monroe County Fire
Marshal, email dated April 20, 2017.
• No objections were given from Engineering Services, email
dated January 3, 2018.
• Monroe County requested a T- turnaround, which is required
given the location of the right of way abandonment. The
applicant has submitted an agreement to construct the required
turnaround per Monroe County specifications at the
applicant's expense. The agreement will be recorded and
accepted by Monroe County as part of the abandonment
resolution.
(Exhibit 2)
(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
File 42017 -085 Page 7 of 8
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 at the west end of East
First Street contiguous to a previous road abandonment granted
by BOCC Resolution No. 603 -2006 (Exhibit 1). The requested
right of way will be apportioned with the adjoining property
owner at the west end. The remaining area will be bestowed to the
applicant, being the owner of the properties on both sides of the
street.
Staff has found that the requested abandonment therefore meets the criteria cited above and is
suitable for abandonment.
RECOMMENDATION
Staff recommends approval of the requested abandonment.
EXHIBITS
1. BOCC Resolution No. 003 -2006
2. T- Turnaround Agreement
File 42017 -085 Page 8 of 8
Petitioners Ocean Sunrise Associates, LLC
RESOLUTION NO. 503 - 2006
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 EAST
FIRST STREET, BEING PART OF MANDALAY SUBDIVISION
LOCATED IN SECTION 6, TOWNSHIP 62 SOUTH, RANGE 39 EAST,
MONROE COUNTY, FLORIDA, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA (KEY LARGO) AND APPROVAL OF
THE CORRELATING REVERTER AGREEMENT, PUBLIC ACCESS
EASEMENT AND MAINTENANCE AGREEMENT
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 described
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 all premises considered concerning the renouncing
and disclaiming of any right of the County and the 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 Petitioner provided an executed Reverter Agreement for return of the
abandoned portion of road if the Mandalay Property is not approved for development and if the
Petitioner does not undertake development within 2 years from the date of this Resolution (which
time will be extended for a reasonable period provided the Petitioner is substantially moving
forward with development), said Reverter Agreement being attached hereto as EXHIBIT I, and
made a part of this Resolution, and
WHEREAS, the Petitioner provided an executed Public Access Easement to Monroe
County to ensure that after the abandonment, property owners in the Mandalay subdivision, and
their guests and invitees and the public, will have ingress and egress across that portion of East
Second Right -of -way described in Exhibit "A" to the Easement, said Public Access Easement
being attached hereto as EXHIBIT II, and made a part of this Resolution; and
WHEREAS, the Petitioner provided an executed Maintenance Agreement to improve and
maintain that portion of East Second Avenue shown on Exhibit B of the Agreement; said
Maintenance Agreement being attached hereto as EXHIBIT III, and made a part of this
Resolution; 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 Statutes Secs. 336.09 and 336.10;
now, therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, hereby
1. Renounces and disclaims 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:
All that part of East First Street Right -of -way, per the subdivision plat of
Mandalay located in Section 6, Township 62 South, Range 39 East,
Monroe County, Florida, being more particularly described as follows:
BEGINNING at the intersection of the easterlymost corner of Lot 30,
Block 2, and the northwesterly right -of -way line of East First Street per
said subdivision plat of Mandalay, thence S. 45 °00'00" E. for 50.00 feet to
the southeasterly right -of -way line of said East First Street;
thence along said southeasterly right -of -way line 5.45 °00'00 "W. for
175.00 feet;
thence continue along said right -of -way line southerly 39.3 7 feet along the
are of a tangential circular curve concave to the east, having a radius of
25.00 feet, through a central angle of 90 °00'00" and being subtended by a
chord which bears 5.00 °00'00 "E. for 35.56 feet to the northeasterly right -
of -way line of Second Avenue per said subdivision plat of Mandalay;
thence along said northeasterly right -of -way line of said Second Avenue,
N. 45 0 00'00 "W for 100.00 feet to the northwesterly right -of -way line of
said East First Street;
thence along said right -of -way line easterly 39.37 feet along the arc of a
non - tangential circular curve concave to the north having a radius of
25.00 feet, through a central angle of 90 0 00'00" and being subtended by a
chord which hears 5.90 °00'00 "E. for 35.36 feet; thence continue along
said right -of -way line N.45 °00'00 "East for 175.00 feet to the Point of
Beginning of the Parcel herein described;
Bearings are based on the centerline of East First Street being
N.45 0 00'00 "E.
Subject to easements, restrictions and reservations of record,
Containing 10268 square feet, more or less;
Prepared by E. F. Gaines Surveying Services, Inc.
(See Attached Exhibit A)
2. Accepts and approves the Reverter Agreement (attached as EXHIBIT I), the
Public Access Easement (attached as EXHIBIT II), and the Maintenance Agreement (attached as
EXHIBIT III) and made a part of this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 15th day of November, 2006.
Mayor DiGennaro
Mayor Pro Tern spehar
Commissioner Neugent
Commissioner Murphy
Commissioner McCoy
Yes
Yes
Yes
No
Yes
(SEAL)
Attest: DANNY L.KOL Clerk
By �aL( L2V)4a�n�
Deputy Clerk
(KMP:RAP: EAST FIRST ST, KL MANDALAY SUB 11.15..06)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By .. .., --
Mayor /Chairperson
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Return to:
Monroe Count-
Monroe County Phmnina & Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, PL 33050
Prepared by:
---------- ----- --- ---------- - - - - -- Space Above This Line For Recording ----------------------- _
RIGHT -O -WAS ABANDONN ENT AGREEMENT FOR TURNAROUND
CONMUCTION
This Agreement entered into this Q day A 20)8 by Mj Ftj M T ru&t
PETITIONER PROPERTY OWNER ( hereinafter "PETITIONER"), - � ®
WHEREAS, Monroe County Code (hereinafter "Code ") Section 19 -1 autborizes, in
certain circumstances, abandonment of a County right -of -way; and
WHEREAS, Code Section 19 -1 provides that such right -of-way abandonments must
comply with all applicable Code requirements for road, turn- around, and fire - rescue access; and
WHEREAS, Code Section 110 - 97()(16) provides as follows: "Dead-end roads,
designed to be ,so permanendy, shall be provided at the closers' end with a turnaround having an
outside roadway diameter of at least 70 feet, and a roadproperty lime diameter of at least 100
feet, or may be provided with a "T" type turnaround as may be approved per "Standard
.specifications and Details of Afonroe County" by the del)e0 reni of plann ng. "; and
WHEREAS, Monroe County ,finds the PETITIONER must construct a T- turnaround in
accordance with the Public Works Manual Standard Specification and Details ofonroe County
Division (inclu of li'.oad Specification section 13 -2) and T Turn around Detail P 5. at the end
of (insert, in legible print, name of'subfeel right -of
way) "; and
WHEREAS, the PETITIONER hereby covenants with the County, by this duly executed
and recorded Agreement, that all construction mid development of such type turnaround shall
be the sole responsibility of the PETITIONER; and
NOW, THEREFORE, ORE, for and in consideration of the sum of TEN and 00I100 DOLLARS
($10.00), and as an inducement to the County for the approval of this Agreement, together with
other good and valuable consideration, the adequacy and receipt of which are hereby
acknowledged and attested to by all parties hereto, the PETITIONER. agrees and covenants as
follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated
herein; and
2. The PE'T'ITIONER desires to construct such a T=type turnaround pursuant to the aforesaid
flre PETITIONER agrees to construct said T -type turnaround in accordance with Public
Works Manual Standard Specifications and Details of Monroe Caarnty Division ( inclusive
afi B -2 and R -5, as attached in Exhibit " " The PETI'TIONEII, shall install said T -type
turnaround in accordance with the terms of the right-of-way permit issued by the Monroe
County Engineering Department and shall submit the proposed location(s) /site(s) of such
turnaround as part of its the right -of -way permit application, which shall be subject to
compliance and sufficiency review by the County separate and apart from the
authorization(s) conferred pursuant to this Agreement; and
4. All notices, consents, approvals, or other communications to the County hereunder shall be in
writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail,
return receipt requested, in the following form and address:
Monroe County Planning & Environmental Resources
Attn: Planning Director
2798 Overseas Highway, Suite 400Marathon, FL 33050
5. Any and all construction(s) or interpretation(s) of the Monroe County !Code shall be deferred
in favor of the County and such construction and interpretation shall be entitled to great
weight on trial and on appeal; and
6. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both
parties, record this Agreement with the Monroe County Clerk of Court and in the Public
Records of Monroe County at the same time as the road abandonment is recorded, and shall
solely pay any and all costs associated with such recordation, and
7. AMENDMENT OR MODIFICATION. No amendment(s) or modification(s) to this
Agreement is /are effective unless the County agrees, consents, and joints in writing thereto.
The undersigned PETITIONER shall record any such amendment(s) or modification(s) to
this Agreement, and shall solely pay any and all costs and expenses associated with the
recordation of any such amendment(s) and modification(s); and
LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a
jury trial and any rights it may have to bring a claim against the County for personal damage
or injury, or damage or injury to property, that is allegedly caused by the negligent action or
inaction of the County or an employee or agent of the County arising from or caused by the
County's authorization(s), activity(ies), or inactivity related to this Agreement, further holds
the County harmless from the claims of all persons for action(s), inaction(s), activity(ies),
darnage(s), expense(s), and loss(es) occurring on the above - described property and
location(s) /site(s) therein, and the PETITIONER shall be solely responsible and liable for
and to any and all parties who engage in or otherwise perform work relating to said
construction/development of the above - described and below- described T turnaround, and the
County shall in no way be either responsible or liable for any injury caused by the tools,
materials, or equipment used by the PETITIONER, its employees or agents, or used by the
PETITIONER's Contractor(s), or its employees or agents; and
9. INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the
County and its commissioners, officers, employees, and agents, from any and all claims for
bodily injury (including death), personal injury, and property damage (including property
owned by or property interest(s) held by Monroe County) and any other losses, damages,
and expenses (including attorney's fees), arising from any ii1jury or damage in connection
with this Agreement; and
10. PAYMENT['. The PE'rrFIONER is and shall be solely responsible for all costs incurred in the
carrying out of such the T =type turnaround project constmction/development. It is hereby
understood by the parties that the County shall incur no cost for or in relation to such project
construction/development. It is further hereby understood that there are no third-party
beneficiaries to this Agreement, and that no Contractor or Sub- Contractor, or any other
person or entity, shall look to County for payment related to such project
construction/development; and
11. COMPLIANCE 'WITH LAWS. The PETITIONER shall comply with all Articles of
Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply
to this Agreement and to its activities on and at the above- described real property
locations) /site(s). The PETITIONER shall obtain all necessary permits, approvals,
inspections, and authorization as may be required by such Articles of Incorporation, Bylaws,
and local, state, and federal governments and agencies; and
12. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida and the United States. Exclusive venue for
any dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and for
Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County
brings an action to enforce the provisions, restrictions, or terms contained herein and
prevails in any such action, on trial or appeal, the County shall be entitled to reasonable
attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the
reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition
existing at the time of execution and recordation of this Agreement. These remedies are in
addition to any other remedy, fine, or penalty which may be applicable under Chapter 162,
373, and 403, Florida. Statutes, and any other action at law or in equity; and
13. TEIZi'4'IINATION /R VOCATION OF RIGHT O F WAY ABANDONMENT. The
PETITIONER hereby agrees to have plans complete and obtain a right of way permit 1or
construction of such T-type turnaround in accordance with the requirements contained in the
Public Works Manual Standard Specifications and Details of Monroe Coa my within one -
hundred eighty (180) days of the effective date of the County's approval of the
corresponding petition for right -of -way abandonment. If the PETITIONER fails to so
construct such T -type turnaround in accordance with the Public Morks Jllffanu al Standard
Specifications and Details of Monroe County . 7ivis on( inclusive of) 13 -2 and It -5, or fails to
so construct such 'l type turnaround within one hundred eighty days after issuance of the
right of way pennit, said previously abandoned right -of -way shall immediately revert back
to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise
restrict the County's authority to terminate; this Agreement, a duly approved right- of-way
abandonment petition, a right -of -way permit, or any other permit(s), approval(s), or
inspection(s) corresponding to this Agreement or its corresponding right-of-way
abandonment petition, pursuant to applicable provisions of the Monroe County Code and/or
the permit(s) applied for or issued pursuant to this Agreement; and
14. ENFORCEMENT. In the event of any breach or violation of the restrictions or tennis
contained herein, the County shall, without liability to the County; have the right to
unilaterally and without notice terminate this Agreement, and to proceed at law or in equity
as may be necessary to enforce compliance with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them, to collect damages, and may
enforce this Agreement by emergency, preliminary, and permanent injunction, including ex
parte action and motion for such injunction(s), it being agreed that the County would have
no adequate remedy at law, or such other legal method as the County deems appropriate.
Uncured breach of violation of this Agreement by the PETITIOI` LR shall, without any
additional notice beyond this Agreement's recordation, entitle the County to immediately
suspend and/or rescind, without liability to the County, development applications and
pending permits, approvals, or inspections relating to this Agreement, except for those
permits, approvals, or inspections necessary to cure such breach or violation. The
PETITIONER hereby agrees to and shall pay for all costs associated with the County's
enforcement action(s). Such County enforcement shall be at the County's discretion. Failure
of the PETITIONER to comply with or perform any act required by or under this Agreement
shall not impair the validity of this Agreement,. and County delay or failure to enforce,
however long continued, shall not be deemed a waiver or estoppel of the right to do so
thereafter as to any such violation or breach; and
15. AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below, certifies and
warrants that:
(a) The PETITIONER's name as set forth in this Agreement is its full and correct legal name
(if an entity, as designated in its corporate charter and as formally registered with the
State)_
(b) The individual(s) executing this Agreement is /are duly authorized to so act and execute
such Agreement on behalf of the PETITIONER.
(c) As applicable, this Agreement has been duly approved by the PETITIONER's Board of
Directors and/or members, consistent with and compliant with the PETITIONER's
Articles of Incorporation, Bylaws, and all local, state, and federal law(s).
(d) Furthermore, as applicable, the PETITIONER. shall, upon execution of this Agreement,
provide copies of a list of its current Board of Directors and/or managers, a properly
executed and notarized corporate resolution approving this Agreement, a copy of its
current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to
Bylaws, a copy of such current Bylaws.
16. SEIVERABILITY. If any condition, provision, reservation, restriction, right, or term of this
Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the
invalidity or unenforecability of such condition, provision, reservation, restriction, right, or
term shall neither limit nor impair the operation, enforceability, or validity of any other
condition(s), provision(s), reservation(s), restriction(s), right(s), or term(s) thereof. All such
other condition(s), provision(s), reservation(s), restriction(s), right(s), and term(s) shall .
continue unimpaired in full force and effect; and
17. PARAGRAPH IIEADINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the
particular paragraph to which they refer; and
18. EFFECTIVE DATE. This Agreement constitutes the entire Agreement and any
representation or understanding of any kind preceding the date of this Agreement's
execution or recordation is not binding on the County or the PETFITONER except to the
extent it has been incorporated into this Agreement_ This Agreement shall becorne effective
upon recordation in the Public Records of Monroe County.
19. BINDING EFFECT. The tertus, covenants, conditions, and provisions of this Agreement .
shall bind and inure to the benefit of the County and the PETITIONER and their respective
legal representatives, successors, and assigns. However, this Agreement shall not be
conveyed, assigned, or otherwise transferred front the PETITIONER. Any such transfer
requires County approval, and any such transfer absent County approval shall immediately
render this Agreement void ab initio; and
This Agreement is made in reliance upon information, representations, and docurrment% provided by the
PETITIONER(S). If, at some later date, Monroe County determines that such information, representations,
and/or documents contained false or misleading information material to the County's consideration and
assent to this Agreement, the County reserves the right, in its discretion, to revoke such consideration and
assent and to rescind this Agreement and to pursue all remedies at law and equity, for injuries to the County
caused by the submission of such false or misleading material information.
EXECUTED ON THTS —aday of
Witness No. I (Print Name)
Witness No. I (Signature)
Witness No. 2 (Print Name)
� 20Z.
PETITIONER(S)
Petitioner No. I (Print Name)
Petitioner No. I (Signature)
/ - ' 9 � - J
Date (Print)
Witness No. 2 ature) Authorized Official Capacity (Applicable if Entity Petitioner
Executing Through Entity Owner's Director,
Officer, Trustee, or other Authorized Official (Print
Title of Authorized. Capacity/Position))
Non-Entity Petitioner'siNon-Entity Petitioner's
Principal Mailing Address (Print)
1 " L
r' o. 3 ge?y Kr--r
Entity Petitioner - Mailing Address (Print)
Entity Petitioner - Registered Agent Name (Print)
Entity Petitioner - Registered Agent Mailing
Address (Print)
Witness No. I (Print Name) Petitioner No. 2 (Print Name)
Witness No. I (Signature) Petitioner No. 2 (Signature)
Witness No. 2 (Print Name) Date (Print)
Witness No. 2 (Signature)
STATE OF On CtC�,
COUNTY OF ITO)o (1 Q,
The foregoing instrument, Right-of-Way Abandonment Agreement for Turnaround
Construction, was acknowledged before me this 9 U day of J CI ri U Ci rt4 , 20 , by
& M U 1 S I Ch I who is personally known to meJor produced
DYIVT(S t� U'qs-e as proof of identification and did take an oath, and by
, who is personally known to ate or produced
as proof of identification and did take an oath.
Notary Public (Print Name & Notary No.)
�
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R -1,
CCANDICE 7BROWN
My COMIUSSION # IFF109632
FXPIRES: July 31, 201
Notary Public Seal Notary Public (Signature)
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