Item I05lrl
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
IleOI1da Keys
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: I.5
Agenda Item Summary #4739
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 November 20,
2018, at Harvey Government Center, Key West to consider a request by Mr. William S. Porter,
Trustee of William S. Porter Revocable Trust, for a resolution renouncing and disclaiming any right
of the County and the public in and to the right -of -way of Seagrape Street, as shown on the plat of
DUCK KEY, SECTION 4, TOMS HARBOR, Plat Book 5, Page 82, bounded on the north by East
Seaview Drive; bounded on the west by Block -1 Lots 126, 127, 128, & 129; bounded on the south
by Block -1 Lots 125 & 126; bounded on the east by Block -1 Lots 123, 124 & 125, Duck Key,
Monroe County, Florida.
ITEM BACKGROUND:
The Applicant, William S. Porter of the William S. Porter Revocable Trust, has requested the
abandonment of Seagrape Street right -of -way, DUCK KEY, SECTION 4, TOMS HARBOR
according to the Plat thereof as recorded in Plat Book 5, Page 82, of the public records of Monroe
County, Florida, adjacent to Lots 123,124,125,126,127,128 & 129, Block 1 of the aforementioned
plat.
The Petitioner has made the request for reasons of public safety and to prevent unauthorized persons
from coming onto the applicant's property. The general public, especially the tourists visiting Duck
Key believe there is water access and frequently drive to the end of the right -of -way park their
vehicles and trespass upon the Applicant's and adjacent property owner's waterfront dock area,
which are private properties. Visitors have been using the applicant's dock as an observation deck
and some have used it for picnicking purposes, which is a safety concern issue. The Applicant owns
all lots facing the east side of the right -of -way and the adjacent property owner owns all lots on the
west side. Seagrape Street only serves as ingress and egress for the Applicant's property and
adjacent property owner's property. The Petitioner and adjacent property owner have stated that
Seagrape Street will remain as it is, they have no present intention to change the nature or character
of the right -of -way. There would be no need to move or relocate existing utilities.
The applicant and adjacent property owner have provided written agreements to grant an easement
to the Florida Keys Aqueduct Authority and to the Florida Keys Electric Cooperative Association,
Inc. for public utility purposes, in, under, over and across the herein requested ROW abandonment
land in the installation, maintenance and repair of the utilities in place or to be placed on Seagrape
Street.
After the petition has been reviewed, County staff has found that the proposed abandonment meets
the criteria of Monroe County Code Section 19 -1.
PREVIOUS RELEVANT BOCC ACTION:
n/a
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Adoption of a resolution setting a public hearing for November
20, 2018, at Harvey Government Center, Key West.
DOCUMENTATION:
Set Hearing Resolution
Staff Report
2018 -140 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
Steve Williams
Completed
Maureen Proffitt
Completed
Assistant County Administrator Christine
Hurley
09/27/2018 10:08 AM
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
09/26/2018 1:39 AM
09/26/2018 9:34 AM
09/26/2018 1:34 PM
Completed
09/27/2018 10:17 AM
09/27/2018 10:38 AM
09/27/2018 11:10 AM
10/17/2018 9:00 AM
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Petitioner: Jonathan Porter. File No. 2018 -140
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;
All of SEA GRAPE STREET on YACHT CLUB ISLAND DUCK KEY - SECTION 4 TOMS
HARBOR MONROE COUNTY FLORIDA, according to the Plat thereof as recorded in Plat
Book 5 at Page 82, in the Public Records of Monroe County, Florida, lying Southeasterly of
the following described line:
LAND DESCRIPTION
Connnence at the point of taugenc_) on the South right of way line of EAST SEA VIEW DRIVE,
according to the aforesaid plat, being 23.35 feet Southwest of the Northeast corner of Lot 131, of
Block 1, of said plat; thence N50 °34'30 "E along said right of lvay line for 146.22 feet to the
POINT OF BEGINNING of the hereinafter described line; thence continue N50 °34'30 "E for
37.33 feet to the point cif curvature with a circular curve concave to the Southeast; thence
Northeasterl to the right,odong the arc of said curve, having a radius of], 600. 00 feet, through a
central angle 02 °18'07" for arr arc distance of 64.28 feet to a POINT OF CUSP with a circular
curve concave Easterly, being the POINT OF TERMINUS of the afore- described lute;
The limits of SEAGRAPE DRIVE are more particularly described for reference as follows:
File No.: 2018 -140
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Cornrnence at the point of tangency on the South right of way line of'EAST SEAVIEW DRIVE,
according to the aforesaid plat, being 23.35 feet Southwest of the Northeast Comer of Lot 131, of
Block 1, of said plat; then N50 °34'30" along said right of away Line for - 146.22 feet to the POINT
OF BEGINNING of the hereinafter described SEAGRAPE DRIVE; thence continue N50 °34'30 "E
for 37.33 feet to the point of curvature with a circular curve concave to the Southeast; thence
Northeasterly to the right, along the arc of said curve, having a radius of 1,600.00 feet, through
a central angle 02 °18'07" for an arc distance of 64.28 feet to a POINT OF CUSP with a circular
curve concave Easter - ly; thence reversing direction Southwesterl to the left, along the arc of
said curve having a radius of 25.00 feet, through a central angle of 85 ° 18'07" for an arc distance
of 37.22 feet to a point of tangency; thence S32 °25'30 "E for 173.70 feet to a point of curvature
with a circular curve concave Northeasterly; thence Southeasterly to the left, along the arc of
said curve having a radius of 25.00 feet, through a central angle of 48 °11 23" for an arc
distance of 21.03 feet to a point of reverse curvature with a circular curve concave
Northwesterly; thence Southeasterly, Southwesterly, and Northwesterly, to the right, along the
arc of said curve having a radius of'50.00 feet, through a central angle of 276 °2246" for an arc
distance of'241.19 feet to a point of reverse curvature with a circular curve concave Westerly;
thence Northerly and Northwesterly to the left, along the arc of said curve hawing a radius of
25.00 feet, through a central angle of 48 °11'23" for an arc distance of 21.03 feet to a point of
tangency; thence N32 °25'30 "W for 162.70 feet to a point of curvature with a circular curve
concave Southwesterly; thence Northwesterly to the left along the arc of said curve Raving a
radius of 25.00 feet, through a central angle of 97 °00'00" for an arc distance of 42.32 feet to a
Point of tangency with the aforesaid South right of way line of said SEAGRAPE DRIVE, also
being the POINT OF BEGINNING.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 17 day of October 2018.
Mayor David Rice
Mayor Pro Tern Sylvia J. Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
(SEAL)
ATTEST: Kevin Madok, CLERK
By
Deputy Clerk
File No.: 2018 -140
BY
Mayor David Rice
VOB ftOE COUN ATTORNEY
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ATTORNEY
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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 Sr. Director of Planning & Environmental Resources
Date: July 29, 2018
Subject: A public hearing to consider a request by William S. Porter, Trustee of the
William S. Porter Revocable Trust, for a resolution renouncing and disclaiming
any right of the County and the public in and to the right -of -way of Seagrape
Street, as shown on the plat of Duck Key Subdivision, section 4, Plat Book 5,
Page 82, hounded on the north by the platted boundary of East Seaview Drive;
hounded on the west by Block -1, Lots 126, 127, 128 & 129; hounded on the south
by Block -1, lots 125 & 126; and hounded on the east by Block -1, Lots 123, 124 &
125 according to the plat of Duck Key section 4, Toms Harbor, Monroe County,
Florida. (File 2018 -140)
BOCC Meeting: October 17, 2018 (set public hearing)
November 20, 2018 (public hearing)
REQUEST:
Williams S Porter, Trustee of the William S. Porter Revocable Trust, have requested the
abandonment of the right -of -way o Seagrape Street at DUCK KEY, Section 4, TOMS
HARBOR, according to the Plat thereof as recorded in Plat Book 5, Page 82, of the Public
Records of Monroe County, Florida, adjacent to Lots 123, 124, 125, 126, 127, 128 & 129 Block
1 of the aforementioned plat.
The Applicant seeks the abandonment of the right of way for reasons of public safety and to
prevent unauthorized persons from coming onto Applicant's property which includes Applicant's
concrete dock. The general public, especially tourists visiting the Duck Key area drive down the
right of way which terminates at the Applicant's canal front property and the adjacent property
owner's canal front property. The right -of -way serves only as ingress and egress to the
Applicant's and adjacent property owner's properties. Members of the general public believe
there is water access at the end of the right -of -way and frequently drive to the end of the right of
way, park their vehicles and trespass upon the Applicant's and adjacent property owner's private
William S. Porter, ROW Abandonment Petition File 42018 -140
Page 1 of 8
I properties. The abandonment will restrict unauthorized entry onto the Applicant's waterfront
2 dock and will eliminate the attractive nuisance character of Applicant's dock.
3 The Applicant and the adjacent property owner have no present intention of changing the nature
4 or character of the right -of -way. They merely desire to restrict access to their respective
5 properties for public safety reasons.
6 The petitioner requests to abandon the right -of -way of Seagrape Street, a total area of 18,241.65
7 square feet, located along the west side of the applicant's property.
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William S. Porter, ROW Abandonment Petition File 42018 -140
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Figure 1. Proposed Right of Way Abandonment location.
I REVIEW OF APPLICATION:
2
3 The requested Right of Way Abandonment is established within the plat of DUCK KEY, Section
4 4, TOMS HARBOR, Plat Book 5, page 82 in Section 16, Township 65 South and Range 34 East.
5 The plat was recorded in January 1965
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9 Figure 2- Excerpt of DUCK KEY, Section 4, TOMS HARBOR Plat.
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13 The proposed abandonment street is described as follows:
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15 All of SEAGRAPE STREET on YACHT CL UB ISLAND DUCK KEY - SECTION 4 TOMS
16 HARBOR MONROE COUNTY FLORIDA, according to the Plat thereof as recorded in Plat
17 Book 5 at Page 82, in the Public Records ofMonroe County, Florida, lying Southeasterly of
18 the following described line:
19
20 LAND DESCRIPTION
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22 Commence at the point of tangency on the South right of way line of EAST SEAVIEW DRIVE,
23 according to the aforesaid plat, being 23.35 feet Southwest of the Northeast comer ofLot 131, of
24 Block 1, of said plat; thence N50'34'30 "E along said right of way line for 146.22 feet to the
25 POINT OF BEGINNING of the hereinafter described line; thence continue N50'34'30 "E for
William S. Porter, ROW Abandonment Petition File 42018 -140
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37.33 feet to the point of curvature with a circular curve concave to the Southeast; thence
Northeasterly to the right, along the arc of said curve, having a radius of 1, 600. 00 feet, through a
central angle 02 °18'07" for an arc distance of 64.28 feet to a POINT OF CUSP with a circular
curve concave Easterly, being the POINT OF TERMINUS of the afore - described line;
The limits of SEAGRAPE DRIVE are more particularly described for reference as follows:
Commence at the point of tangency on the South right of way line of EAST SEAVIEW DRIVE,
according to the aforesaid plat, being 23.35 feet Southwest of the Northeast Comer ofLot 131, of
Block 1, of said plat; then N50 °34'30" along said right of way Line for 146.22 feet to the POINT
OF BEGINNING of the hereinafter described SEAGRAPE DRIVE; thence continue N50 °34'30 "E
for 37.33 feet to the point of curvature with a circular curve concave to the Southeast; thence
Northeasterly to the right, along the arc of said curve, having a radius of 1, 600.00 feet, through
a central angle 02 °18'07" for an arc distance of 64.28 feet to a POINT OF CUSP with a circular
curve concave Easterly; thence reversing direction Southwesterly to the left, along the arc of
said curve having a radius of 25.00 feet, through a central angle of 8518'07" for an arc distance
of 37.22 feet to a point of tangency; thence S32 °25'30 "E for 173.70 feet to a point of curvature
with a circular curve concave Northeasterly; thence Southeasterly to the left, along the arc of
said curve having a radius of 25.00 feet, through a central angle of 48 °11'23" for an arc
distance of 21.03 feet to a point of reverse curvature with a circular curve concave
Northwesterly; thence Southeasterly, Southwesterly, and Northwesterly, to the right, along the
arc of said curve having a radius of 50.00 feet, through a central angle of 276 °2246" for an arc
distance of 241.19 feet to a point of reverse curvature with a circular curve concave Westerly;
thence Northerly and Northwesterly to the left, along the arc of said curve having a radius of
25.00 feet, through a central angle of 48 °11'23" for an arc distance of 21.03 feet to a point of
tangency; thence N32 °25'30 "W for 162.70 feet to a point of curvature with a circular curve
concave Southwesterly; thence Northwesterly to the left along the arc of said curve having a
radius of 25.00 feet, through a central angle of 97 °00'00" for an arc distance of 42.32 feet to a
point of tangency with the aforesaid South right of way line of said SEAGRAPE DRIVE, also
being the POINT OF BEGINNING.
William S. Porter, ROW Abandonment Petition File 42018 -140
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Figure 3- Excerpt of boundary Survey
The applicant, Willian S Porter as Trustee of William S. Porter Revocable Trust, owns the
properties on the East side of Seagrape street. The petitioner has submitted a road abandonment
petition in order to prevent and restrict unauthorized entry into the applicant's and adjacent
property owner's waterfront deck for reasons of public safety.
(RE No.: 00385380- 000000 & 00385360- 000000)
The owner of the adjacent properties Loren Eggebraatten and Diane Eggebraatten, Trustees of
the Diane Eggebraatten Living Trust (RE No. 00385400- 000000, 00385410- 000000 &
00385430- 000000) provided a letter of no objection. The right of way will be apportioned to
both owners as shown in figure 1.
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 July 27, 2018
AT &T, letter dated August 20, 2018
Comcast, letter dated August 15, 2018
Florida Keys Aqueduct Authority
Monroe County Fire Marshal, letter dated July 13, 2018
Code Compliance, dated July 15, 2018
Monroe County Sheriff s Office, dated July 20, 2018
Monroe County Engineering Department dated August 8, 2018
William S. Porter, ROW Abandonment Petition File 42018 -140
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Letters of no objection with conditions were provided by Florida Keys Aqueduct Authority
(FKAA) and Florida Keys Electric Cooperative Association, Inc. (FKEC)
Florida Keys Aqueduct Authorities (FKAA) has no objection to the right -of -way abandonment
of Seagrape Street as long as their utilities remain in its current locations and provide them with
an easement for all the existing utilities and access without constraints for inspection and
maintenance. The applicant has provided a written agreement granting the easement to Florida
Keys Aqueduct Authorities (FKAA) for public utility purposes, in, under, over and across the
herein requested right -of -way abandonment land in the management, maintenance, and
improvement of the existing utilities.
Florida Keys Electric Cooperative Association, Inc. (FKEC) dated July 27, 2018, requires the
applicant to provide an easement of 50 feet wide by 122 feet length for public utility purpose for
maintenance, operation, repairing and improvement. The applicant has provided a written
agreement to grant an easement to FKEC.
The applicant and adjacent property owner have provided written agreements to grant an
easement to the Florida Keys Aqueduct Authority and to the Florida Keys Electric Cooperative
Association, Inc. for public utility purposes, in, under, over and across the herein requested
ROW abandonment land in the installation, maintenance and repair of the utilities in place or to
be placed on Seagrape Street.
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. The applicant and adjacent property owner, own the land
that terminates on 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 the entire right -of -way of
Seagrapre Street. The street only gives access to the petitioner's
property and to the adjacent property owner.
William S. Porter, ROW Abandonment Petition File 42018 -140
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(2) Have the only platted access eliminated;
• The requested abandonment is for a right -of -way which is not
used for access by other properties. It gives access only to the
applicants and adjacent neighbor properties
(3) Have the paved area adjacent to that property increased for turn- around
purposes; or
• The applicant stated that he and the adjacent property owner
have no present intention of changing the nature or character of
the right of way, it will remain as it is. There will be no fences or
gates preventing the access to the right of way. Therefore, there is
no need to construct a T- turnaround.
(4) Be increased in size.
• The affected properties will increase in size for a total of 18,241.65
square feet, the right of way will be apportioned to both owners
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,
dated July 13, 2018.
• No objections were given from Engineering Services, dated
August 8, 2018.
• There is no need to construct a turn - around. The right of way
will remain as it is.
(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.
William S. Porter, ROW Abandonment Petition File 42018 -140
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• The petition is for the entire right -of -way of Seagrape Street. The
requested right of way will be apportioned with the adjoining
property owner.
The requested abandonment of the right -of -way of Seagrape Street, in part of DUCK KEY,
SECTION 4, TOMS HARBOR, in Section 16, Township 65 South, Range 34 East, on Duck
Key, Monroe County, Florida meets the criteria cited above and is therefore suitable for
abandonment.
RECOMMENDATION
Staff recommends approval of the requested abandonment.
William S. Porter, ROW Abandonment Petition File 42018 -140
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