Item R2KIM
Meeting Date: March 18, 2015 Division: Growth Management
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley, Ext. 2517
Joseph Haberman, 305-509-2477
AGENDA ITEM WORDING:
A public hearing to consider a request for the abandonment of a portion of the right-of-way of
Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of Lot
32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of
Monroe County, Florida.
ITEM BACKGROUND:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular, as described
above and shown on the attached boundary survey, in order to improve access to and from an adjacent
nonresidential development, commonly known as Oceanside Marina,
PREVIOUS RELEVANT BOCC ACTION:
• At the June 11, 2014 meeting, the BOCC agreed to sell the affected county -owned properties to
Oceanside Investors, LLC (Block 46, Lots 30 and 31 and westerly V2of Lot 32.
• On June 30, 2014, the BOCC approved an abandonment of a portion of the right-of-way of
Peninsular Avenue located immediately to the west of the proposed abandonment. The approval
was memorialized in Resolution 4116-2014.
• At the November 18, 2014 meeting, the BOCC approved a resolution to set the date, time and place
of the public hearing for the proposed abandonment for December 10, 2014,
• At the December 10, 2014 meeting, the BOCC continued the public hearing for the proposed
abandonment from the December 10, 2014 meeting to the January 21, 2015 meeting.
• At the January 21, 2015 meeting, the BOCC continued the public hearing for the proposed
abandonment from the January 21, 2015 meeting to the March 18, 2015 meeting.
II 1i ,
'WITS-dw,
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TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
COST TO COUNTY: N/A
MEMMNM�MM
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
`,a"L'11� b;20
APPROVED BY: County Attyi2 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM M
Petitioner: Oceanside Investors, LLC
r, � r► ,r
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WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion of
Peninsular Avenue on Stock. Island that is located between Blocks 46 and 60, (east of the center of
Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public
Records of Monroe County, Florida; 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, 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 plat and
Petitioner: Oceanside Investors, LLC
WHEREAS, the Board has determined that vacation of the said right-of-way is for the
general public welfare, and conforms to the requirement of Sections 336.09 and 336.10, Florida
Statutes; and
WHEREAS, the Board makes, the following Findings of Fact and Conclusions of Law:
1. The Board has the authority to grant abandonments of dedicated and accepted rights -of -
way under jurisdiction of the County in accordance with Monroe County Code § 1, 9- 1;
and
2. The vacation of the said right-of-way is not inconsistent with any of the criterion for
granting abandonments provided in Monroe County Code § 19- 1;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that it hereby renounces and
disclaims any right of the County and public in and to the following described streets, alley -ways,
roads, or highways as delineated on the hereafter described map or plat, to -wit:
"Peninsular Avenue, lying between Block 46 and 60, South of the East 112 of Lot 32, Lots 33,
34, & 35 in Square 46, and North of a portion of'Lot 2 and Lot 3, Block 60, according to Maloney's
subdivision of apart of Stock Island, Monroe County, Florida as recorded in Plat Book 1, Page 55,
of the Public Records of Monroe County, Florida, and being inore particularly described as
follows: Begin at the Southeast corner of Lot 35 of said plat, thence West along the North Right-Qf-
Way line of
Peninsular Avenue for a distance of 175. 00 feet to the Southeast corner of said West 112
of Lot 3'2; thence South along the Southerly extension of the West line off the East 112of Lot 32 for a
distance of 60.00 feet to the South Right -of- Way line of'Peninsular Avenue; thence East along the
said South Right-pf-Way line of Peninsular Avenue (Northerly line off said Lots 2 and 3) for a
distance of 175.00.ket to the Westerly line of Maloney Avenue; thence North along the said
Westerly> line o J'Maloney Avenue fear a distance of'60.00feet to the Point of Beginning
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
Monroe County, Florida, at a regular meeting held on the 18"' of March, 2015.
Mayor Danny L. Kolhage
Mayor pro terra Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
Ell 200301 Bt(OIDEK9,1110 Ira a 19191 H I EEN
BY:
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK Approved as to Form and Legal Sufficiency
7
Deputy Clerk Assistant County Attorney
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To: The Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Mayte Santamaria, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: December 24, 2014
Subject: A public hearing to consider approval of resolution renouncing and disclaiming
any right of the County and the public in and to a portion of the right-of-way of
Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east
of the center of Lot 32 in Block 46 and west of Maloney Avenue) in Maloney
Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of
Monroe County, Florida (File #2014-132)
Meeting: November 19, 2014 (Request to Advertise a public hearing on Dec. 10, 2014)
January 21, 2015 (Public Hearing) - continued from December 10, 2014
March 18, 2015 (Public Hearing) — continued from January 21, 2015
I REQUEST:
The petitioner has requested abandonment of a portion of the right-of-way of Peninsular
Avenue. The petition involves the segment of Peninsular Avenue that is west of the
Peninsular Avenue and Maloney Avenue intersection.
Page 1 of 5 (File #2014-132)
Proposed Abandonment (outlined/hatched in red)
(Aerial dated 2012)
30
31
32
33
34
35
36
37
38
39
40
Applicant/Petitioners:
Agent: Barton W. Smith, Esq., Smith Oropeza, P.L.
Property Owner: Oceanside Investors LLC
11 REVIEW OF APPLICATION:
The proposed abandoned portion is described as follows:
"'Peninsular Avenue, lying between Block 46 and 60, South of the East 1/2 of Lot 32, Lots 33,
34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to
Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more
particularly described as follows: Begin at the Southeast corner of Lot 35 of said plat; thence
West along the North Right -of -Way line of Peninsular Avenue for a distance of 175.00 feet
to the Southeast corner of said West 1/2 of Lot 32; thence South along the Southerly extension
of the West line of the East 1/2 of Lot 32 for a distance of 60.00 feet to the South Right -of -
Way line of Peninsular Avenue; thence East along the said South Right -of -Way line of
Peninsular Avenue (Northerly line of said Lots 2 and 3) for a distance of 175.00 feet to the
Westerly line of Maloney Avenue; thence North along the said Westerly line of Maloney
Avenue for a distance of 60.00 feet to the Point of Beginning"
The road abandonment petition was submitted by one of the only property owners that are
considered affected by the Monroe County Code (MCC).
The following parcels are adjacent to the section of the subject road segment:
Parcel (RE #)
Platted Lots Adjacent to Segment of
Peninsular Avenue to be Abandoned
Property Owner
00127420,000000
Block 60, Lot 1, Lot 2 and Lot 3
Oceanside Investors LLC
00126210,000000
Block 46, Lot 30
Oceanside Investors LLC
00126220.000000
Block 46, Lot 31
Oceanside Investors LLC
00126230.000000
Block 46, Westerly 1/2of Lot 32
Oceanside Investors LLC
00126200,000000
Block 46, Easterly 1/2 of Lot 32, Lot
33, Lot 34 and Lot 35
Tortuga West Homeowners
Association
The portion of the right-of-way to be abandoned is bounded to the north by part of Lot 32
and Lots 33, 34 and 35, bounded on the west by a previously abandoned portion of the
Peninsular Avenue right-of-way (Resolution #116-2014), bounded on the south by part of
Lot 2 and Lot 3, and bounded on the east by the western boundary line of the Maloney
Avenue right-of-way.
This petition has been reviewed by County staff and utilities and documents of no objection
were received by the following:
• Tortuga West Homeowners Association, Inc. (email dated October 2014)
• Monroe County Engineering Department (memorandum dated October 6, 2014)
Page 2 of 5 (File #2014-132)
1 0 Monroe County Office of the Fire Marshal (email dated October 23, 2014)
2 0 Monroe County Sheriff's Office (letter dated September 23, 2014)
3 0 AT&T (letter dated August 25, 2014)
4 0 Florida Keys Aqueduct Authority (letter dated September 24, 2014)
5 0 Keys Energy Services (letter dated August 20, 2014)
6 0 KW Resort Utilities, Corp. (letter dated September 8, 2014)
7 0 Comeast (letter dated August 25, 20 14)
8
9 The BOCC has the authority to grant abandonments of dedicated and accepted rights -of -way
10 under jurisdiction of the County in accordance with MCC § 19-1 . MCC § 19- 1, Abandonment
11 cif rights -of -way, provides the following provisions and criterion for granting abandonments.
12
13 (a) No dedicated and accepted right-qf-wa); in the county shall be abandoned where:
14
15 (1) The right-ofway terminates on a body of open water; or
16
17 The portion of the right-of-way to be abandoned is bounded to the north by part of
18 Lot 32 and Lots 33, 34 and 35, bounded on the west by a previously abandoned
19 portion of the Peninsular Avenue right-of-way (Resolution #116-2014), bounded on
20 the south by part of Lot 2 and Lot 3, and bounded on the east by the western
21 boundary line of the Maloney Avenue right-of-way.
22
23 At no point does the subject portion of the right-of-way to be abandoned terminate on
24 a body of open water.
25
26 (2) The right-qf-way provides access to the public to land on open water; or
27
28 The segment of Peninsular Avenue to the west has already been abandoned pursuant
29 to Resolution #116-2014.
30
31 The subject portion of the right-of-way to be abandoned does not provide access to
32 the public to land on open water.
33
34 (3) The abandonment would preclude a way for the public to maintain access to the
35 water:
36
37 The segment of Peninsular Avenue to the west has already been abandoned pursuant
38 to Resolution #116-2014.
39
40 The subject portion of the right-of-way to be abandoned does not provide access to
41 the public to land on open water.
42
43 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
44 agreement to do so by all qff-ected property owners. For purposes of this subsection, an
45 affected property owner is the owner of property which, if the right-of-way is abandoned,
46 will:
Page 3 of 5 (File #2014-132)
1
2 There are two affected property owners, Oceanside Investors LLC and Tortuga West
3 Homeowners Association. Oceanside Investors LLC is the applicant. Tortuga West
4 Homeowners Association submitted documentation stating no objection.
5
6 (1) Have access that is currently used by that property owner eliminated;
7
8 There would be two such affected properties, the Oceanside Investors LLC and the
9 Tortuga West Homeowners Association properties. There is an existing access drive
10 to/from the Oceanside Investors LLC property, as well as parking area along the
11 property line that required the right-of-way for vehicle maneuverability purposes,
12 There is an existing access drive to/from the Tortuga West Homeowners Association.
13
14 (2) Have the only platted access eliminated;
15
16 There would be no such affected property.
17
18 (3) Have the paved area adjacent to that property increased far turn -around purposes;
19 or
20
21 There would be no such affected property. The abandonment of the subject portion of
22 the right-of-way would eliminate the need for a public turn -around area on Peninsular
23 Avenue west of Maloney Avenue (public traffic would no longer be able to turn west
24 at the Peninsular/Maloney Avenue intersection and would be required to turn east).
25
26 (4) Be increased in size.
27
28 There are two such affected properties, the Oceanside Investors LLC and Tortuga
29 West Homeowners Association properties. Both would be increased in size as a result
30 of the abandonment (with Oceanside Investors LLC property receiving the vacated
31 portion south of the centerline and Tortuga West Homeowners Association receiving
32 the vacated portion north of the centerline).
33
34 (c) A road may be abandoned only at the terminal portion of'the road and in its full width
35 unless the abandonment will comply with the County Code requirements ,for road, turn-
36 around, andfire-rescue access and one of"the,following circumstances exists:
37
38 (1) An adjacent lot owner has on the platted right-of-way or within a setback a
39 substantial structure which predates the Special Session Law 59-1578 pertaining to
40 maps, plats and right-of-way. The term "substantial structure" specifically does not
41 include wood or metal fences, sheds or tiki huts or other itenis not listed which are
42 accessory structures,
43
44 There is an existing principal structure within the 25' front yard setback along the
45 Peninsular Avenue right-of-way on the Tortuga West Homeowners Association
46 property. The proposed abandonment would effectively eliminate this nonconformity
Page 4 of 5 (File #2014-132)
by adding land area to the property south of the structure and reducing the setback
requirement from a 25' front yard requirement to a 10' side yard requirement.
The abandonment of the subject portion of the right-of-way would eliminate the need
for a public turn -around area on Peninsular Avenue west of Maloney Avenue (public
traffic would no longer be able to turn west at the Peninsular/Maloney Avenue
intersection and would be required to turn east).
Note: As of the date of this report, a proposed site plan has not been submitted for the
Tortuga West Homeowners Association property. It is assumed that a private
driveway will be located in the area of the abandoned road in order to serve as
additional second access point to and/or from the Tortuga West Homeowners
Association property (there is a separate existing access point to/from Maloney
Avenue).
(2) The abandoninent is requested by a county department or governmental agewyjbr a
public purpose.
The abandonment is requested by a private property owner, not by a County
department or governmental agency.
(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.
Not applicable.
III RECOMMENDATION:
The Growth Management Division recommends approval.
Page 5 of 5 (File #2014-132)
File M
2014-132
Owner's Name: Oceanside Investors LLC
Applicant: Oceanside Investors LLC
Agent:. Barton W. Smith, Esq.
Type of Application: Road Abandonment
Key Stock Island
RE: 00127420.000000
Additional Information added to File 2014-132
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Dear Applicant:
Board of County Commissioners
Mayor Sylvia Murphy, Dist. 5
Mayor Pro Tern Danny L. Kolhage, Dist. l
Heather Carruthers, Dist. 3
David Rice, Dist. 4
George Neugent, Dist. 2
Date: 4 /
Time:
This is to acknowledge submittal of your application for
Type of application
-
to the Monroe County Planning Department.
Project / Name
Thank you.
Planning Staff
End of Additional File 2014-132
PPl.JK A.`i'"1`i S'
Ana lication must be deemed com lete and in compliance th the
prior to the item being scheduled County Code by a Staff
pp p p ' Monroe
for review LL
Road Abandonment Application Fee: $1,533.00
In addition to the application fee, the followingfees also apply:
Advertising Costs: $245.00
Date of Submittal: os / 27 / 2014
Month Day Year
Property Owner / Petitioner:
Oceanside Investors, LLC
Name
1010 Kennedy Dr., Suite 302 Key West, FL 33040
Mailing Address (Street, City, State, Zip Code)
Please see Agent
Daytime Phone
Please see Agent
Email Address
Agent (if applicable):
Barton W. Smith, 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
bart@smithoropeza.com; nick@smithoropeza.com
Email Address
Description of roadway to be abandoned:
Roadway to be abandoned is West end of Peninsular Avenue, South Stock Island. Road is
approximately 175 feet long and approximately 60 feet wide.
Petitioners seek the abandonment for the following reasons:
Abandonment is sought to allow current road area to be subsumed into Oceanside Investors
adjacent parcel to facilitate development of parcel.
Legal description of contiguous property in which the abandoned roadway would become part:
(If in metes and bounds, attach legal description on separate sheet)
Legal Description of Oceanside Investors, LLC Property and Tortuga West Homeowner's Association, Inc.
Property at Tab 1
Page 1 of 4
%1"VIf.lt. A] RX
Block Lot Subdivision Key (Island)
Real Estate (RE) Number
Street Address (Street, City, State, Zip Code)
Present use of the roadway to be abandoned:
Proposed use of the roadway to be
abandoned:
Alternate Key Number
Approximate Mile Marker
None
Development of Oceanside Investors, LLC's
adjacent parcel
Total land area of the roadway to be abandoned: Approximately 10,500 square feet
Please provide all reasons for why the county should grant the road abandonment (if necessary, attach
additional sheets):
Abandonment will optimize use of petitioner's property and provide a benefit to the County by
improving surrounding area, including increasing property values and decreasing criminal activity.
Abandonment will prevent errant traffic flow from disturbing adjacent residential conmiunity.
Monroe County Code Section 19-1 - Abandonment of rights -of -way states:
(a) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) the right-of-way terminates on a body of open water; or
(2) the right-of-way provides access to the public to land on open water, or
(3) the abandonment would preclude a way for the public to maintain access to the water.
(b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to
do so by all affected property owners. For purposes of this subsection, an affected property owner is
the owner of property which, if the right-of-way is abandoned, will:
(1) Have access that is currently used by that property owner eliminated;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn -around purposes; or
(4) Be increased in size.
(c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the
abandonment will comply with the County Code requirements for road, tum-around, and fire -rescue
access and one of the following circumstances exists:
(1) An adjacent lot owner has on the platted right of 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
ill IIIill D w I � illy '1� I D ( )l Ps
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)
0 Complete road abandonment application (unaltered and unbound);
® Correct fee (check or money order to Monroe County Planning & Environmental Resources);
® Legal description of the portion of the roadway to be abandoned in metes and bounds; A"rTACIUI D
AT TAB 2.
0 Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); .AT'TACII.EID ATTAB 3
® Current Property Record Card(s) from the Monroe County Property Appraiser for the
petitioner's property; ATTACHED A"T ,rAB 4.
® Location map (i.e. copy of strip map, aerial photograph); ATTACHED XrTAB 5.
® Photograph(s) of the roadway to be abandoned; ATTAC ED .A°T "TAB 6.
0 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); INCLUDED.
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.); LETTERS FROM MONROE COUNTY SHERRIFFIS
OFFICE, KEYS ENERGY SERVICES, COMCAS°T, AND AT&T PROVIDED. ADDITIONAL REQUIRED
LETTERS TO BE PROVIDED SUBSEQUENT TO APPLICATION SUBMISSION,
❑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); LETTER FROM TORT'UGA WEST 110MEOWNERIS
ASSOCIATION, INC. TO DE PROVIDED SUBSEQUENT TO APPLICATION SUBMISSION.
0 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). APPLICANT DOES NOT
ANTICIPATE THAT A CM,,-DE®SAC OR T-T "PE TURNAROUND IS REQUIRED, HOWEVER
APPLICANT AGREES TO CONSTRUCT A CUL-DE-SAC OR T-T 'PE TURNAROUND .PER
COUNTY STANDARD SPECIFICATIONS AND DETAILS IF REQUIRED.
If applicable, the following must be submitted in order to have a complete application submittal:
El Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject
property) PRE "IOUSLY SUBMITTED.
If deemed necessary to complete a full review of the application, the Planning & Environmental Resources
Department reserves the right to request additional information.
Page 3 of 4
WITlt A I ION
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
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:
Sworn before me this day of
Please send the complete application package to the Monroe County Planning & Environmental Resources
Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.
Page 4 of 4
OCEAKSWE WVLWOIM LLC
590-$970 PmdWKW Avenue
Stock Idad, Florlde
LEGAL DESCRrPTION
That parcel Of land as more pardoulerly dcatxihed as foliose:
UPLAND TERMINUS BOUNDARY LINE:
A line being the Waterward Botnubuy Line u of July 1, 1975, lying 14 Hawk ChMmW in Section 36, Township
67 South, Range 25 East, Stock bW4 Monroe Co", Fl and being more PWMdffiiy dcea'iW as
follows:
Conmrence at the Northeast Cotner OfLot 3, Block 61, PGaMp MaDon" Plat of a Pert of Stock wzardlag to the Ph t tberoof as in Plat Book 1, Page 53, of the Public Records OfMO toc County'
thence South 00° 00' 00" t, 81=9 the EW line of ' Lot 3. a distance of 256.64 feet more or to din
Waterward Bomrdmy Line as ofJuly 1,1975, imd sire Point of ofthe tbmc4 Saudi
88 44 S8 West, a distance of 58.05 thence South 81'26' 201, WC4 a distance of 13d AI Peek die ooe South 48°
22' 45" West; a distance of 7.77 feet; Son@r 09° 55' 20" West;, a ce of B.SS
09" W a distance of 178.89 � thence 606 0140 07" Wcet a � of 539D � thence South 000 10'
38" Went, a distance of 34.06 R* thence North 80° 11' 10° W � Scow South 060 39'
32" East, a distance Of 3053 fec� ffiupeu;e Notre OZ° 2S' SO' West, a di of 19.75 feet; thence 06° 04,
West, a distance of 2338 thence Notch Noah
2 0 91 25150 a distance of S334 feet; North 16° 29'47°
West, a distance of 1830 , ° � a d oe of 21.08 fee% thence Nassr 63° SO' 22'
feet; ihcoce Sough 88° 24 25 West, a dbbnw of 4858 fftg; thence Sough Sr 341051,
Wa0, a distance of 12.37 feet; 8teaoe South 81° 01' 04° West, it distance CE38.31 thOace Sough 770 1042"
West; a distance of 50.24 fled; thence South 68° 46' 49" West, a distance of 24.66 °
West, a distance of 1734 feeet; thence Saudi OS° 19' 44" West; a distance of26A3 Beath 0S38'
West a distance of45.02 thence South 10° 31' S4' East, a distance of26A9 ��°hatioc Satoh 0° T 38
South I4 26' l0
East e ' of29A4 fees; thence South 34 ° 09'00 ' Bast; a of 10.I7 feed thence 650 39' 42'
a distance of 13.79 ft thence Soodr 86° 21!21" XM4 a distance of27-69 feeet; thence North 8.00'36" But, e
dtaimca af46.24 fleet; thence North Bl° 58'32' dingam a distance of3SS0 feet; thence SohhQa 87°' 3 a
of I037 feet; tlhauce South 00" 00'45' West; a di Of 38.74 Setae South 070 17D0' W distance of5037 thethoe South DI°31'Il° Wass, adistWWOf60.?A " � a
ffistguice of 56.98 ftu4 South 01 °17'35' w thence South 03°o9's6 e
� a of6793
dim of20.03 fleet; thence North 70°0727" WM a dhignaco Of30S6 ti NSootthh 2417960 West, a
WC dicomdistance of 3534 f104 thence North 2OW480 Wed, a dhoOe of2S.13 fed; thence North 75°3040" WeK a
dhbmv of 38.00 fleet; tiaenoe Notch 45°3370° West;, a ce of 1MA9 feed thence North 23*30W' W a
North distance of 24.78 thhssoe South 91 °33W W CK a ce of 14A 1 °
a of 41.80 f the Sonth 88°32 44 W a
distom of 42.77 fetal thence Souse 82°14'18' W fact °e sow 83017 0" West; a
distance of 19.18 feet; thence South 79°38'41" Wen a distance of26 � South 73°1T44" W a
distance of3= feet; 9rence South S8,Ml' W haqSouth 82*S0"54 West, a
distance Of S.73 thence ° a distance of feet 22.1S• thence NW& 63104541 West; a
of43.08 thence North 83°4S'0S West adbftwwaK B distance6 f738 thagce South SS�3�6" Weat, a distance
45.21 fees; *am South 86°20'31 ° weer, a dista�o of 5432 tbceoe South 87° ICS3 W a Of
f North B9°S6'Zi° West, a distance of 65.13 �'= SOaci 88°OTl3 West a dehmce of6434
Point of Ter>r hen and de end of the handa dmcr�ed lien, hance
Nautb 88°39'04 west, a of 32A2 to the
PARCEL A:
On the of Stock being Lot One (11 Block Sixty (60) axordiag to
of LOU One (11 Two (21 Three M Five (5) Six (6) of Section O00°$e L. I`+) Section Map
Sit (361 Lot Three (3) Section Twenty Six (26), and Lot Two 2 Sa Five Thwy Four Lot Two )
�II (67) SOS y Five (25) � recorded in Plat Book One l Four (34� Township Sixty
Fiorlda Records. { PW 55, Mourne Comity,
TAB 1
AND ALSO
PARCEL B:
' g at a Point on the South boundary Jim of Peninsula Avenue, 382 fieat distant and West of the iatenect%n of
the South boundary Line.0"WInsWa Avenue w"h the West boundary Hoe Of at Mal
Beginning. continue is a West dr ration along the South onc`Anus fde said Paint of
Of 418 thenOe list of Peminarrlar Avenue a distance
right angles and in a Southerly direction a db a= of S20 feet; them at right angles and in
Ewtedy dhecdon a4kWMof600 feet; i On= at fight eagles and in a
fe4 *0°Oe meandering the high water in a Northwesters Northerly direction a s I
more or less, to the Point of Y N diroc�ion a Of450 lost,
Be& in a subdivision cf Lots 1, 2, 3. Sand 6 of Section 3S, L at 2 of
Section 36, Lot 3 Of Seddon 26, Lot 2 of Sectiom 34, Township 67 South, 25 Ewa, Monroe C
�Y,FlOrida.
ALSO
PARCEL C:
Monroe ofsubmapd hand in Channel In Section 36, Towa ft 67 South, 25 �► Skm*
', Florida, being more Particularly deemied as follows:
Commen*g at the NorawnOmm Of Lot 1, Block 60 Of the Plat of STOCK ISLAND as n=f&d in Plat B ook
Page 55. Publlo of Monroe Camay, Fonds, diem* nm west along the North has of maid Lot 1 and gw 1,
WenterlY =Mndw thereof tbr a distance Of 6W first to the Nwdmw comer of s pmW of sobmarged
had
conveyed by The Tm t m of the I *wmneat Fund Deed NO.19811, dated June 12,1951; thence South
ak ft the WmtWY One of sal"d paeoal of submarged land eonvry►ed by dw Tmskc4 a dbtenoe of S20 fad to am
SarBrwamt comer of raid parcel for the Point Of Beghmiug ofpard of
thearee can&= South a distance of 251.6 feet; times EM a distance of 600
feat to the corner of of subnaa®ed land thence North a d]staace of 251.E
Improvement Puad by Deed No. 198I I: West � The T ofthe Inteond
come Or 1 to the Pout of Begfmdng, d0dg d1° Sontlr Has of a dhgmrue of 600 feet,
PARCEL D:
On the leland !mown m Islemd and aeomding to the (leorge McDonald'. plat of a pft of Stock
eland, morded hr Plat Do&1, pqp Si. Mom= COMY, lq , as folbws:
Lots Two (2) and 7bree (3) in Block Sony (60j
ALSO
PARCEL E:
A parcel of formerly .rrbmerged land in gawk Chmm in Section 36, Township 67 South, Range 25 Bast,
MmVe CoutY, Florida, more desuffied as fbHomm
BeglQft at the SM&O t comer ofLOt 3, Squm 60 of Plat titled "ALL LOTS 1, 2, 3, S and 6, SF.C'TIOTI 35;
LOTS, SECTION 26, LOT 2, SEcnON 34, STOM ISLAND, TOWNSHIP 67 SO
recorded In Plat Book 1, Psge 55, Public of Monroe C � 5.6fb6RANGE � .. PAS
right augks run West 200 few tisane at ' °U°�'' �0� run South 435.6 feat; at
SSquare 60 of the above mmrtio A TW run North 435.6 fi ntio do corner OfLot 2,
plat; thence meander the WWt&e to an BastcdY demon bads to the Point of
TAB 1
ALSO
PARCEL F:
On the Island known as Stock Island and described according to George L. McDonaldo plat of a part of said
Stock Island, mcmded in Plat Book One (1), Page 5S, Monroe County, Florida,as follows:
Lots One (1) and Two (2) in Block Sixty One (611 together with a Pawl of submerged lead in the Straits of
Florida, Section 36, Township 67 Soudr, Range 25 East, loaged ScWhady of and adjacent to Lots 1 and 2, Block
61, and deacxt as fellows:
Begin at the i of the shoreline of Stock Island end the West line of said Lot 1, Block 61, amrding to
said Plat of STOCK ISLAND; thence South RICO& the West lime of said Lot 1, Block 61 ( ded) a diffwm of
435 fast to a point; thence Fast a dicta m of 200 feet to a point in the East Has of said Lot 2, Block 61(v*nde4
thence Nmdr along the East line of Lot 2, Block 61 (extended) a distance of 475 f0ek more or leas to a point in the
Southerly ahmrdine of Stock lslamd; thence Wamerhy dams the meanders ofsaid Southerly shorefne a distance of
210 feet, more or ]ins, back to the Point of Beginning.
PARC EL. G:
Lot 3 in Block 61 of STOCK ISLAND as shown an Pint of said STOCK ISLAND ssade by George L. MaDonald
and recorded in Plat Book I, Page 55, of the Public Records of Monroe Carroty, Florida,
ALSO
PARCEL H:
The portion of Maloney Avenue lying between Blacks 60 and 61 of [imV L. MCld's Plat of a par, of
STOCK ISLAND, as recorded in Plat Book 1, Page 55, of fire Public Records, of Monaca Cousrty, pklidL
PARCEL I:
A parcel of formart3' submerged hadis Hawk Channel in Section 35, Townsillp 67 Smdk Range 25 East► Monroe
CO=(Y, Florida, and more patlicniady described as follows:
Commence at the Northeast corer ofBlodc 60 of a PLAT OF STOCK ISLAND in PhdBook 1,
55, of the Public of Monroe Cormty, Florida; thanfe
e South 280 et to the Southeast corner ofthe said
Pose
Bkxdk 60 the shoneiime according to the said PLAT OF STOCK ISLAND and the Point of Beginning of the
parcel of land bmalm described; thence c0ndnUc South 433.60 feet to a p ft dunce past 60 not to a pohrt; gmm
North 435.60 fleet to apoint; thence West 60 feet beck to the Mot ofBq* mill&
ALSO
PARCEL J:
A parcel of land an the Island known as Stock Island, Mourne County, Florida,nwre
the folla'Wiigg metes and bounds d by
Cammmw at the Naathw'W canner of Lot % Block 60, according to George die Plat ofsaidStock Island
as rmorded in Plat Book 1, Page 55, of the Public Records of MMIS
onroe County,, Florida; thence tun South sk
the West line of odd Lot 2 and the exftojae of said West lime, 715.60 feet to the Pohrt of thence
continue South 56.0 feet; thence West 391.3 fat, more or leas, to the Weatetiy of an ,
existing concrete pier;
TAB 1
thence 3ouWerly elong a line deflected 930M left, 30 hK more or leas. thence along the een HighWater Line
the fallowing 15 courses: (NOTE: Miss' call ofEast 376.50)
Thence 87" deflected heft (DLj 200 feet, more or hw,
Thence 27TO deflected lc ,, 30.00 lba, more or less;
Thence 3MO d I" that, more or lees;
Thence 40°00 defected 1413.0 fleet, more or leas;
Tbmoe 46050 deflected right; 43.0 feet; more or less;
Thence 72-M ddkctad hA 755 fact, more or kas,.
Thence 27VO defiecded rl" 25.0 gA more or leas;
Thence 64*W deflected rlSM, 94.5 feet, more of lag
Thence 47W deftcted tight, 32.5 fleet, more or leahg
Thence 37040 dcfiecged left; 37.5 jW4 more or on
Theave 54°15 deflected ]a% 24.5 feet, mine or less,;
Thence 72-M deRacted ]aft, 40.0 feed more or less,
Thence 29M defieated ja% I 11.3 fined,, more or
Thence 56°10 deflected hA 231.9 feet, more or leas;
Thence Weal, 378.90 feeet back to the Paint of Bgonnhrg,
LESS (CONDOMINIUM):
A P2=1 of hind located in Section 36, Township 67 South, Range 25 East, Stock Island, MOUM County, Florida,
and bft more particularly described w fell .
Conmumm at the NadMwt eohmer of Lot 3, Block 61. GBORGB MCDONAUn PLAT OF A PART OF STOCK
�N. ISLAND, acaorduhg to the plat thereof as recorded in M Book 1, Page SS. oft& Public Records of Memo thence South for a distance of 26S.88 feat thmce West f r a distance of 100.00 flees; tbh:aDcoe Sam
for a distance of 339.68 f thence West for a dl ftnee of 67.20 feet to the Point o
fnegimft High W Line for the foflowingtwenty-two (22) metes aml tben� r the
West., a distenoe of SOA4 thence South 030 31110" West, a of 60.33 fast; thencetbmcx UCC S 04• 040
5314
11
East 6 AISLUM of 101.26 hat; tbance 3= 6 060 27'03" Weal, a dlat m of 123.44 "
Went, a diatetnoe of 86.74' tlreooe South Sl° 1927" W thinks South 0 551 0
Werl, a dleteaoe ad' 14.27 fiat; theh>ce North 38° 1422" � a dis<aaoe of 44.77 t6eace Ninth 74° 35'09"
a distance of 20.97 feat; North 28° 26"19' a wee asf8335 fLro� North 2I.12'00•
a dbsteace of4SAS Nm16 Or 2nr East; a
di of 1432 t6eonoe North 44° ST53" West a distance of 32.0 feet 9=0 North 45° 09' 29' W e distance of dififtm of 17.77 209 ft South S7° 09' 32" West, a of 29.13 flee# thence NorM 750
12'35• West, a feet; thence North 23° 09' 22"'Wwesd. a. disease of32A3 fft 16enoe Sorry 89' 35'3S" West„ a
diatsoce of 7.15 fiaet; them North 00° ] 0' 36" a distance of 7.23 feed thenceS69111 7r W 39" WeedK, a
distance of 63.72 feet; thence North 79, " West; a dim of 28.33 fbet; thence South 77. 00' Sl" West, a
dhatance of 80.86 thence North 81° 49' 09" Veo, a distance of 41.75 fn4 thinks kaviag the Mean High
Water Lime for a distance of 103.41 feed dtance East for a dbM= of S1.33 feel; thence Nar&g fin a dance of
12.00 fbee0 East for a distance of 157.53 to a pond of cuuvapme of a nave to the thence left SIMS the =Mcwva6 having for its elemmb a nWift of 32.00 feat end a osntral of 90 a distance of 50.27 fast to a point of cy, thence Xwth for a distance of 36.77 fioet; thence East ire a distance
of 106.74 to the Paint ofBegianing,
LESS THE FOLLOWING P $1tS:
NORTH PIER:
On Stock island. Monroe County, Florida, and is a pwml of n6nehSed land Mug South of Block 60, wMnding to
Geo. MCDORZkys Plat of Island as recorded in Plat Book 1. Pop 55, of the Public Records of Mmhuae
County, Florida; and the said Pareel being desenibed by metes sad bounds as follows:
Cammhencx at the point of fatersacHOO of ft aeatwim of Maloney Avenue with the oanNdift of Peninsular
Avenue; thence Socile 81049 the cmberline OfMglwq Avenue and the Sorg
1y adewfon thereof for. distance
TAB 1
of 290.23 feet to a pft thence West 228.63 Beet to the Point of Beginning of the panxl of land bring c
thence South for a distance of 109 fed to a point; West fora distance of 39055 feet to a point; thence South 030 111400 Fast for a distance of S17 feet to a point; thencx South 86° 48' 20" West far a distance of
33.50 feet to a pout; thence Nadi► 030 11' 40" West for a distance of 1199 fed to a 48' 20" East for a distance of 3330 feet to a point; thence South 03° 11' 40" Fast for a di tancpoin61t thence Noah 86° of 5.49 feet to a poet thence East for a distance of 399.11 feet back to the Point of
MIDDLE PIER:
On Stock Inland, Mottme Cotmty, Florida, and is A parcel of subsnwpd land lying South of Block 60, a000rdlag to
Gen MaDanald's Phd of Stork Island as recorded in Plat Book 1, Pfte 55, ofthe Public Rcootds of Monroe
County- FWdB; and the said Partal being described by metep and botmde w follows:
Commence atthePoint of intersection oftheceatarilm of Maloney Avenue with the ce�llpe of Peniasu Ahr
venue; thence South s]' the ine ofMaloney Avenue and the
of290.23 fed to a point; thence Weat 228.63 fag so a Y �°a theeofi� a d' ce
�Bg of the �. p°� a of 191.89 to the Pout
being detuaibed thence continue South for a distance of 127 feet to a
Point; lhmm West for a dimmce of3"AR fed to a point; thmce South 030 1 ]' 40" Fast fore diftace of 13.19
fed to a Point; thence South 86° 49 20" West for a distance of 45 fed to a point; dmoe North 03° 11' 40" Went f dia a mnce of 16 fed to a paiai; thence Sony 86° 48' 20" West for
are dtetance of 20 fast to a point tbaoce North 03°
]I' 40" West far a distance of 125 feet to a point; North 86° 48' 20" East a distance of 20 fed to a point
themes North 03° 11' 40" Went a distance of 16 feet to a point; thence Noah 860 48' 20"Fast a distance of 45 feat to a Point; thow South 030 11' 40" Fast fbr a dis tam of 16.61 feet to a point; thence for s disCBrncx of 355.66
feet to the Point ofBegmning,
LESS THE FOLLOWING PIER;
SOUTH PIER:
OS Stock Island, Monroe CouTIV. Florlds, and is a pVW of m
Goo. Mcrponald's Plat of Static island, as in Plat Book I, Page SS, afdw Public Records of Monroe !n
Coma;, Florida, and the said parod b ft dambed by meto and &me& as follows:
Commence at the point of iaien ection of the centerline ofMalonq Avemm with the oentiedme of persbmdw
A ; tmnw South alagg the cent"m of MahmW Avenue and the Soud miy =tmdm $tndjur a
of 290.23 fed to a point them Weal 228.63 feet to a point; thoteSouth for a dismnw of 4i 699 to Point of
Bggimniag ofdte Parcel of land beuog described }reran; thence caemaae South for a elietaaee of 97 feet ID a point;
thanes West for a diet ume of4OLw fed to a pointthence North 03° 1114 0" West far a distance of 113 feet is a
Point; thence North 86° 48' 20" Fast for a distance of 38.34 feet to a point 8neaoe South 03° 11, 40" East for a
distance of 20 feet to a point; *am* East for a of375.82 het bade to the Pond of
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A parcel ofbmd located in Swim 36, Township 67 South, Range 25 East; and �g mm l��Stu* Ielatd, Monroey described as follows: may, Flmida,
Commence at the N comer of Lot 3, Blade 6], GEORGE MCDONALDS PLAT OF A PART OF STOCK
ISLAND, aa�rding to the plat the wf as recorded in Plat Hook 1, Page 55, of the Public Records of Monroe County, Florida; thence South for a dinteae:o of 16757 feet; thence West for a distance of 103M feet to the Point of
Beginning; 9mm South $90 59' 20" West for a distance of 182.26; thence South 00° 00' 40" Bast for adbunceof
12031 feet thence North W 59' 20" EGO for a dbftcc of I Wd feat thence North 00° 00' 40" West f
distance of 12031 f44 is the Point of Beginning. or a
TAB 1
Legal DeseriRtion of Torte a WestHomeowner's Association Inc.
PrORerty
Lots 29, 33, 34, 35 and the Easterly one-half of Lot 32, Block 46, according to Maloney's subdivision of a
part of Stock Island, Monroe County, Florida as recorded in Plat Book 1, at Page 55, of the Public Records
of Monroe County, Florida.
TAB 1
Legal Description for Road Proposed to be Abandoned
The Northerly ''/z of Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and
the West''/2 of Lot 32, in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according
to Maloney's subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida and being more particularly
described as follows:
Begin at the Southeast corner of Lot 35 of said plat, thence West along the North right-of-way line
of Peninsular Ave. for a distance of 175.00 feet to the Southeast corner of the said West % of Lot
32, thence South along the Southerly extension of the West line of the East % of Lot 32 for a
distance of 30.00 feet to the Centerline of Peninsular Ave.; thence East along the said Centerline
of Peninsular Ave., a distance of 175.00 feet to the Westerly line of Maloney Avenue; thence North
along the said Westerly line of Maloney Avenue for a distance of 30.00 feet to the Point of
Beginning
AND
The Southerly ''/z Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the
West '/z of Lot 32, in Square 46, according to Maloney's subdivision of a part of Stock Island,
Monroe County, Florida, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe
County, Florida, and being more particularly described as follows:
Commence at the Southeast corner of Lot 35 of said plat, thence South along the Westerly Line of
Maloney Ave. for a distance of 30.00 feet to the Point of Beginning; thence continue South along
the West line of Maloney Ave. for 30.00 feet to the Southerly line of Peninsular Avenue; thence
West along the said Southerly line of Peninsular Avenue (Also being the Northerly line of said
Lots 2 and 3, Block 60), for a distance of 175.00 feet to the Southerly extension of the West Line
of the East % of said Lot 32, Block 46; thence North along the said Westerly line of the East % of
Lot 32 for 30.00 feet to the Centerline of Peninsular Avenue; thence East along the said Centerline
of Peninsular Avenue for 175.00 feet to the Point of Beginning.
TAB 2
This document was prepared by
and sbould be returned to:
Brian M. Jones, Esq.
SHUTrS & BOWEN LLP
300 S. Orange Avenue, Suite 1000
Orlando, Florida 32901
SPECIAL WARRANTY DEED
THAT ATLAS FL II SPE LLC, a North Carolina limited liability company (hereinafter
referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE
INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"),
whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, FL 33040, the receipt and
sufficiency of which consideration are hereby acknowledged, and upon and subject to the
exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has
GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby
GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in
Monroe County, Florida, described on Exhibit A attached hereto and made a part hereof for all
purposes, together with all and singular the rights, benefits, privileges, casements, tenements,
hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with
all improvements located thereon and any right, title and interest of Grantor in and to adjacent
streets, alleys and rights -of -way (said land, rights, benefits, privileges, easements, tenements,
hereditaments, appurtenances, improvements and interests being hereinafter referred to as the
"Property').
This conveyance is made subject and subordinate to those encumbrances and exceptions
set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other
matters of record affecting the Property (collectively, the "Permitted Exceptions").
TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as
aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with
Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special
Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will
WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and
assigns, against the lawful claims and demands of all persons claiming by, through or under
Grantor, but not otherwise.
By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any
and all liability hereunder of Grantor, its agents, representatives or employees, including the
Special Warranty of title herein contained, shall be limited to and satisfied solely from the
Grantor's proceeds from the Property.
By acceptance of this Special Warranty Deed, Grantee assumes payment of all real
property taxes on the Property for the year 2013 and subsequent years.
ORLDOCS 12955997 1
TAB 3
IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor to
be effective as of June 0-1 2013.
Signed, sealed and delivered in the presence of ATLAS FL H SPE LLC, a North Carolina
the following witnesses: limited liability company
01/mvyn,
THE STATE OF §
§
COUNTY OF § /
This instrulpenl was acknowledged efore JMe on
(/1►9 U e. tii/ Cc f lz eS
LLC, a North Caro ina limited liability company, on beha' sau
ORLDOCS 12955897 1
,,,,,,yp,,, ubli�
iP`�'R BRIAN M. BENNETT NO
D-1Notary Public - State of of
y,, My Comm. Expires May 9 Rr�liedfr�vved
,q;; t„ Commission # DD 9097
Name
My Commission Expires:
2
i
Ir�5 , 2013, by
of ATLAS FL ll SPE
liability company.
�-XqXg'o/ .5;/
TAB 3
EX MIT A TO SPECIAL WARRANTy DEED
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MONROE,
STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS:
PART A:
UNITS NO. 3-4, J-6, 3-9, J-11 AND 3-12 IN OCEANSIDE EAST DRY STORAGE CONDOMINIUM,
ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL
RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND ANY
AMENDMENTS THERETO (THE "CONDOMINIUM PARCELS'D.
TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND
EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT
RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA, AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES,
DRAINAGE, ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT
GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 100, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
TOGETHER WITH
THAT PARCEL OF LAND (THE "NON -CONDOMINIUM LAND") AS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
UPLAND TERMINUS BOUNDARY LINE:
A LINE BEING THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, LYING IN HAWK CHANNEL IN
SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCDONALDS PLAT OF A
PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE
55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 001 00'00" EAST,
ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256.64 FEET MORE OR LESS TO THE
WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED LINE; THENCE SOUTH 880 44' 58" WEST, A DISTANCE OF 58.05 FEET; THENCE SOUTH 81°
26' 20" WEST, A DISTANCE OF 13.41 FEET; THENCE SOUTH 48° 22' 45" WEST, A DISTANCE OF 7.77
FEET, THENCE SOUTH 09° 55' 20" WEST, A DISTANCE OF 8.55 FEET; THENCE SOUTH 00° 10' 09"
WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 01° 46' 07" WEST, A DISTANCE OF 53.90 FEET;
THENCE SOUTH D60 39' 38" WEST, A DISTANCE OF 34.06 FEET; THENCE NORTH 80° 11' 10" WEST, A
DISTANCE OF 19.75 FEET; THENCE NORTH 06° DV 32- EAST, A DISTANCE OF 30.53 FEET, THENCE
NORTH 02° 25' 50" EAST, A DISTANCE OF 53.34 FEET; THENCE NORTH 16- 29' 47' WEST, A DISTANCE
OF 23.38 FEET; THENCE NORTH 40° 25' 19" WEST, A DISTANCE OF 21.08 FEET, THENCE NORTH 63°
50' 22" WEST, A DISTANCE OF 18.30 FEET, THENCE SOUTH 88° 24' 25" WEST, A DISTANCE OF 48.58
FEET; THENCE SOUTH 800 34' 05" WEST, A DISTANCE OF 12.37 FEET; THENCE SOUTH 81' 01' 04"
WEST, A DISTANCE OF 38.31 FEET; THENCE SOUTH 77° 16' 42" WEST, A DISTANCE OF 50.24 FEET,
THENCE SOUTH 680 46' 49" WEST, A DISTANCE OF 24.66 FEET; THENCE SOUTH 41° 39' 38" WEST, A
DISTANCE OF 17.34 FEET; THENCE SOUTH 050 19' 44" WEST, A DISTANCE OF 26.43 FEET; THENCE
SOUTH 000 57' 38" WEST, A DISTANCE OF 45.02 FEET; THENCE SOUTH 10° 31' 54" EAST, A DISTANCE
OF 26.49 FEET, THENCE SOUTH 140 28' 10" EAST, A DISTANCE OF 29.44 FEET, THENCE SOUTH 34° 09'
ORLDOCS 32955997
TAB 3
00" EAST, A DISTANCE OF 10.17 FEET; THENCE SOUTH 65° 59' 42" EAST, A DISTANCE OF 13.79 FEET,
THENCE SOUTH 860 21' 21" EAST, A DISTANCE OF 27.69 FEET, THENCE NORTH 870 00' 36" EAST, A
DISTANCE OF 46.24 FEET, THENCE NORTH 810 58' 32" EAST, A DISTANCE OF 35.50 FEET; THENCE
SOUTH 870 38' 26" EAST, A DISTANCE OF 10.36 FEET, THENCE SOUTH 00° 00' 45" WEST, A DISTANCE
OF 38.74 FEET; THENCE SOUTH 07° 17' 00" WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 01-
31' 11" WEST, A DISTANCE OF 60.24 FEET; THENCE SOUTH 03° 09' 56" EAST, A DISTANCE OF 56.98
FEET, •THENCE SOUTH 01- 17' 35" WEST, A DISTANCE OF 67.93 FEET, THENCE SOUTH 24° 27' 36"
WEST, A DISTANCE OF 20.05 FEET, THENCE NORTH 70° 0727" WEST, A DISTANCE OF 30.56 FEET,
THENCE NORTH 390 29' 04" WEST, A DISTANCE OF 35.34 FEET, THENCE NORTH 20° 28' 48" WEST, A
DISTANCE OF 25.13 FEET; THENCE NORTH 750 38' 40" WEST, A DISTANCE OF 38.00 FEET; THENCE
NORTH 450 33' 20" WEST, A DISTANCE OF 17.49 FEET; THENCE NORTH 23° 30' 00" WEST, A DISTANCE
OF 28.68 FEET, THENCE NORTH 43" 31' 59" WEST, A DISTANCE OF 14.41 FEET, THENCE SOUTH 88°
32' 44" WEST, A DISTANCE OF 24.78 FEET; THENCE SOUTH 71° 33' 38" WEST, A DISTANCE OF 41.80
FEET; THENCE SOUTH 890 52' 50" WEST, A DISTANCE OF 42.77 FEET; THENCE SOUTH 82° 14' 18"
WEST, A DISTANCE OF 32.99 FEET, THENCE SOUTH 730 1744" WEST, A DISTANCE OF 19.18 FEET,
THENCE SOUTH 790 38' 41" WEST, A DISTANCE OF 26.35 FEET; THENCE SOUTH 82° 50' 54" WEST, A
DISTANCE OF 32.20 FEET; THENCE SOUTH 88° 2731" WEST, A DISTANCE OF 22.15 FEET; THENCE
NORTH 630 04' 54" WEST, A DISTANCE OF 5.73 FEET; THENCE SOUTH 560 22' 23" WEST, A DISTANCE
OF 7.38 FEET; THENCE SOUTH 850 25' 56" WEST, A DISTANCE OF 43.08 FEET, THENCE NORTH 830 45'
01" WEST, A DISTANCE. OF 31.16 FEET; THENCE SOUTH 87° 16' 53" WEST, A DISTANCE OF 45.21
FEET; THENCE SOUTH 86° 20' 31" WEST, A DISTANCE OF 54.32 FEET, THENCE SOUTH 88" 07' 13"
WEST, A DISTANCE OF 64.34 FEET, THENCE NORTH 89° 56' 25" WEST, A DISTANCE OF 65.13 FEET,
THENCE NORTH 880 59' 04" WEST, A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END
OF THE HEREIN DESCRIBED LINE.
PARCEL A:
ON THE ISLAND OF STOCK ISLAND, AND BEING LOT ONE (1), BLOCK SIXTY (60) ACCORDING TO
GEORGE L. MCDONALD'S MAP OF LOTS ONE (1), TWO (2), THREE (3), FIVE (5) AND SIX (6) OF
SECTION THIRTY FIVE (35), LOT TWO (2) SECTION THIRTY SIX (36), LOT THREE (3) SECTION
TWENTY SIX (26), AND LOT TWO (2) SECTION THIRTY FOUR (34), TOWNSHIP SIXTY SEVEN (67)
SOUTH, RANGE TWENTY FIVE (25) EAST, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA RECORDS.
AND ALSO
PARCEL B:
BEING AT A POINT ON THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE, 382 FEET DISTANT AND
WEST OF THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE WITH THE
WEST BOUNDARY LINE OF MALONEY AVENUE, FROM SAID POINT OF BEGINNING, CONTINUE IN A
WEST DIRECTION ALONG THE SOUTH BOUNDARY LINE OF PENINSULAR AVENUE EXTENDED A
DISTANCE OF 418 FEET, THENCE AT RIGHT ANGLES AND IN A SOUTHERLY DIRECTION A DISTANCE OF
520 FEET; THENCE AT RIGHT ANGLES AND IN AN EASTERLY DIRECTION A DISTANCE OF 600 FEET;
THENCE AT RIGHT ANGLES AND IN A NORTHERLY DIRECTION A DISTANCE OF 184 FEET; THENCE
MEANDERING THE HIGH WATER LINE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION A
DISTANCE OF 450 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND BEING IN A SUBDMSION
OF LOTS 1, 2, 3, 5 AND 6 OF SECTION 35, LOT 2 OF SECTION 36, LOT 3 OF SECTION 26, LOT 2 OF
SECTION 34, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA.
ALSO
PARCEL C:
OMMOCS 129558971 t�
TAB 3
A PARCEL OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25
EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 60 OF THE PLAT OF STOCK ISLAND AS
RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE
RUN WEST ALONG THE NORTH LINE OF SAID LOT 1 AND THE WESTERLY EXTENSION THEREOF FOR A
DISTANCE OF 600 FEET TO THE NORTHWEST CORNER OF A PARCEL OF SUBMERGED LAND CONVEYED
BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO. 19811, DATED JUNE 12, 1951;
THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL OF SUBMERGED LAND CONVEYED BY
THE TRUSTEES, A DISTANCE OF 520 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL FOR THE
POINT OF BEGINNING OF PARCEL OF SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE
CONTINUE SOUTH A DISTANCE OF 251.6 FEET; THENCE EAST A DISTANCE OF 600 FEET, THENCE
NORTH A DISTANCE OF 251.6 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF SUBMERGED
LAND CONVEYED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND BY DEED NO. 19811;
THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 600 FEET, MORE OR LESS,
TO THE POINT OF BEGINNING.
ALSO
PARCEL D:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE
MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE
COUNTY, FLORIDA AS FOLLOWS:
LOTS TWO (2) AND THREE (3) IN BLOCK SIXTY (60).
ALSO
PARCEL E:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, SQUARE 60 OF PLAT TITLED "ALL LOTS 1, 2, 3, 5
AND 6, SECTION 35; LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH,
RANGE 25 EAST', RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, RUN SOUTH 435.6 FEET, THENCE AT RIGHT ANGLES RUN WEST 200 FEET, THENCE AT
RIGHT ANGLES RUN NORTH 435.6 FEET TO THE SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE
ABOVE MENTIONED PLAT, THENCE MEANDER THE SHORELINE TO AN EASTERLY DIRECTION BACK TO
THE POINT OF BEGINNING.
ALSO
PARCEL F:
ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO GEORGE L. MCDONALD'S
PLAT OF A PART OF SAID STOCK ISLAND, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE
COUNTY, FLORIDA, AS FOLLOWS:
LOTS ONE (1) AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED
ORMOCS 129559971
TAB 3
LAND IN THE STRAITS OF FLORIDA, SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, LOCATED
SOUTHERLY OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 61, AND DESCRIBED AS FOLLOWS:
BEGIN AT THE INTERSECTION OF THE SHORELINE OF STOCK ISLAND AND THE WEST LINE OF SAID
LOT 1, BLOCK 61, ACCORDING TO SAID PLAT OF STOCK ISLAND; THENCE SOUTH ALONG THE WEST
LINE OF SAID LOT 1, BLOCK 61(EXTENDED) A DISTANCE OF 435 FEET TO A POINT, THENCE EAST A
DISTANCE OF 200 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2, BLOCK 61 (EXTENDED);
THENCE NORTH ALONG THE EAST LINE OF LOT 2, BLOCK 61 (EXTENDED) A DISTANCE OF 475 FEET,
MORE OR LESS TO A POINT IN THE SOUTHERLY SHORELINE OF STOCK ISLAND; THENCE WESTERLY
ALONG THE MEANDERS OF SAID SOUTHERLY SHORELINE, A DISTANCE OF 210 FEET, MORE OR LESS,
BACK TO THE POINT OF BEGINNING.
PARCEL G:
LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWN ON PLAT OF SAID STOCK ISLAND MADE BY GEORGE
L MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA.
ALSO
PARCEL H:
THE PORTION OF MALONEY AVENUE LYING BETWEEN BLOCKS 60 AND 61 OF GEORGE L MCDONALD'S
PLAT OF A PART OF STOCK ISLAND, AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
PARCEL I:
A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 35, TOWNSHIP 67 SOUTH,
RANGE 25 EAST, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF BLOCK 60 OF A PLAT OF STOCK ISLAND AS RECORDED
IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE SOUTH
280 FEET TO THE SOUTHEAST CORNER OF THE SAID BLOCK 60 AND THE SHORELINE ACCORDING TO
THE SAID PLAT OF STOCK ISLAND AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE SOUTH 435.60 FEET TO A POINT, THENCE EAST 60 FEET TO A POINT,
THENCE NORTH 435.60 FEET TO A POINT; THENCE WEST 60 FEET BACK TO THE POINT OF
BEGINNING.
ALSO
PARCEL J:
A PARCEL OF LAND ON THE ISLAND KNOWN AS STOCK ISLAND, MONROE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS DESCRIPTION:
COMMENCE AT THE NORTHWEST CORNER OF LOT 2, BLOCK 60, ACCORDING TO GEORGE MCDONALD'S
PLAT OF SAID STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 AND THE
EXTENSION OF SAID WEST LINE, 715.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
SOUTH, 56.0 FEET, THENCE WEST 381.3 FEET, MORE OR LESS, TO THE WESTERLY FACE OF AN
EXISTING CONCRETE PIER; THENCE SOUTHERLY ALONG A LINE DEFLECTED 93000 LEFT, 30 FEET,
MORE OR LESS; THENCE ALONG THE MEAN HIGH WATER LINE THE FOLLOWING 15 COURSES: (NOTE:
ORMOCS 129559971 6
TAB 3
MISSING CALL OF EAST 376.50')
THENCE 87000 DEFLECTED LEFT (DL), 200 FEET, MORE OR LESS;
THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS;
THENCE 38030 DEFLECTED RIGHT, 18.5 FEET, MORE OR LESS;
THENCE 40000 DEFLECTED LEFT, 13.0 FEET, MORE OR LESS;
THENCE 46.50 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS,
THENCE 72.00 DEFLECTED LEFT, 75.5 FEET, MORE OR LESS;
THENCE 27-00 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS;
THENCE 64000 DEFLECTED RIGHT, 94.5 FEET, MORE OR LESS;
THENCE 47-20 DEFLECTED RIGHT, 52.5 FEET, MORE OR LESS;
THENCE 37°40 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS;
THENCE 54-15 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS;
THENCE 72.00 DEFLECTED LEFT, 40.0 FEET, MORE OR LESS;
THENCE 28.20 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS;
THENCE 56.10 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS,
THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING.
LESS (CONDOMINIUM):
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALD'S PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, THENCE SOUTH FOR A DISTANCE OF 265.88
FEET; THENCE WEST FOR A DISTANCE OF 100.00 FEET; THENCE SOUTH FOR A DISTANCE OF 339.68
FEET, THENCE WEST FOR A DISTANCE OF 67.20 FEET TO THE POINT OF BEGINNING; THENCE
MEANDER THE APPROXIMATE MEAN HIGH WATER LINE FOR THE FOLLOWING TWENTY-TWO (22)
METES AND BOUNDS; THENCE SOUTH 040 53' 14" WEST, A DISTANCE OF 50.44 FEET, THENCE SOUTH
030 31' 10" WEST, A DISTANCE OF 60.33 FEET; THENCE SOUTH 04° 56' 57' EAST, A DISTANCE OF
108.26 FEET, THENCE SOUTH 06° 27 03" WEST, A DISTANCE OF 123.44 FEET; THENCE SOUTH 57° 33'
15" WEST, A DISTANCE OF 86.74 FEET; THENCE SOUTH 81° 19' 27" WEST, A DISTANCE OF 44.77
FEET; THENCE NORTH 74° 55' 09" WEST, A DISTANCE OF 14.27 FEET; THENCE NORTH 38° 14' 22"
EAST, A DISTANCE OF 83.55 FEET; THENCE NORTH 210 12' 00" EAST, A DISTANCE OF 20.97 FEET;
THENCE NORTH 280 26' 29" EAST, A DISTANCE OF 45.45 FEET, THENCE NORTH 08° 28' 07" EAST, A
DISTANCE OF 14.52 FEET; THENCE NORTH 440 5755" WEST, A DISTANCE OF 32.90 FEET, THENCE
NORTH 450 09' 29" WEST, A DISTANCE OF 12.09 FEET; THENCE SOUTH 87° 09' 32" WEST, A DISTANCE
OF 29.15 FEET; THENCE NORTH 75° 12' 35" WEST, A DISTANCE OF 17.77 FEET; THENCE NORTH 23-
09' 22" WEST, A DISTANCE OF 52.43 FEET, THENCE SOUTH 89° 35' 35" WEST, A DISTANCE OF 7.15
FEET; THENCE NORTH 000 10' 56" EAST, A DISTANCE OF 7.23 FEET; THENCE SOUTH 790 00' 39"
WEST, A DISTANCE OF 63.72 FEET; THENCE NORTH 790 00' 34" WEST, A DISTANCE OF 28.33 FEET;
THENCE SOUTH 770 29' 51" WEST, A DISTANCE OF 80.86 FEET; THENCE NORTH 88° 49' 09" WEST, A
DISTANCE OF 41.75 FEET, THENCE LEAVING THE SAID MEAN HIGH WATER LINE FOR A DISTANCE OF
103.41 FEET; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE OF
12.00 FEET; THENCE EAST FOR A DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHWEST; THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A
RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 900 00' 00" FOR A DISTANCE OF 50.27 FEET TO A
POINT OF TANGENCY; THENCE NORTH FOR A DISTANCE OF 36.77 FEET; THENCE EAST FOR A
DISTANCE OF 106.74 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIERS:
OR=CS 129558971 7
TAB 3
NORTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING
DESCRIBED HEREIN; THENCE SOUTH FOR A DISTANCE OF 109 FEET TO A POINT; THENCE WEST FOR
A DISTANCE OF 390.55 FEET TO A POINT, THENCE SOUTH 03° 11' 40" EAST FOR A DISTANCE OF 5.17
FEET TO A POINT; THENCE SOUTH 86- 48' 20" WEST FOR A DISTANCE OF 33.50 FEET TO A POINT;
THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 119.9 FEET TO A POINT; THENCE NORTH 86°
48' 20" EAST FOR A DISTANCE OF 33.50 FEET TO A POINT, THENCE SOUTH 03° 11' 40" EAST FOR A
DISTANCE OF 5.49 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE
POINT OF BEGINNING.
MIDDLE PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT;
THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE OF 191.89 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE
SOUTH FOR A DISTANCE OF 127 FEET TO A POINT, THENCE WEST FOR A DISTANCE OF 348.48 FEET
TO A POINT, THENCE SOUTH 03° li' 40" EAST FOR A DISTANCE OF 13.19 FEET TO A POINT, THENCE
SOUTH 860 49' 20" WEST FOR A DISTANCE OF 45 FEET TO A POINT; THENCE NORTH 03° 11' 40" WEST
FOR A DISTANCE OF 16 FEET TO A POINT; THENCE SOUTH 860 48' 20" WEST FOR A DISTANCE OF 20
FEET TO A POINT; THENCE NORTH 03° 11' 40" WEST FOR A DISTANCE OF 125 FEET TO A POINT;
THENCE NORTH 860 48' 20" EAST A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 03° 11- 40"
WEST A DISTANCE OF 16 FEET TO A POINT; THENCE NORTH 86° 48' 20" EAST A DISTANCE OF 45 FEET
TO A POINT; THENCE SOUTH 03° 11' 40" EAST FOR A DISTANCE OF 16.61 FEET TO A POINT, THENCE
EAST FOR A DISTANCE OF 355.66 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING PIER:
SOUTH PIER:
ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING
SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND, AS RECORDED IN
PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID
PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE
CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY
AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT,
ORLDOCS 129558971 8
TAB 3
THENCE WEST 228.63 FEET TO A POINT, THENCE SOUTH FOR A DISTANCE OF 416.99 FEET TO POINT
OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR
A DISTANCE OF 97 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT,
THENCE NORTH 030 11' 40" WEST FOR A DISTANCE OF 115 FEET TO A POINT, THENCE NORTH 86° 48'
20" EAST FOR A DISTANCE OF 38.34 FEET TO A POINT, THENCE SOUTH 03° 11' 40" EAST FOR A
DISTANCE OF 20 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 375.82 FEET BACK TO THE
POINT OF BEGINNING.
LESS THE FOLLOWING PARCEL:
DRY STORAGE:
A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND,
MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALDS PLAT OF A PART
OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 167.57
FEET; THENCE WEST FOR A DISTANCE OF 103.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
890 59' 20" WEST FOR A DISTANCE OF 182.26; THENCE SOUTH 000 00' 40" EAST FOR A DISTANCE OF
120.31 FEET, THENCE NORTH 89° 59' 20" EAST FOR A DISTANCE OF 182.26 FEET, THENCE NORTH 00°
00' 40" WEST FOR A DISTANCE OF 120.31 FEET TO THE POINT OF BEGINNING.
ORLDOCS 12955997 1
TAB 3
EI+IHBIT B TO SPECIAL WARRANTY DEED
Permitted Exceptions
1. Reservations contained in Deed from the Trustees of the Internal Improvement
Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 381 . Note:
The right of entry has been released pursuant to S270.11, F.S.
2. State of Florida Department of Administration Division of State Planning
Affidavit Regarding the Florida Keys Area of Critical State Concern recorded
August 13, 1976 in Book 668, Page 43.
3. Easement granted to The Utility Board of the City of Key West, Florida by
instrument recorded March 19, 2002 in Book 1769, Page 863.
4. Grant of Non -Exclusive Easement granted to Oceanside Development
Corporation, a Florida corporation and Oceanside Residential Condominium
Association, Inc., a Florida not -for -profit corporation by instrument recorded
March 19, 2002 in Book 1769, Page 1151.
5. Grant of Non -Exclusive Easement and Provider Agreement granted to Oceanside
Development Corporation, a Florida corporation and Oceanside Residential
Condominium Association, Inc., a Florida not -for -profit corporation by
instrument recorded March 19, 2002 in Book 1769, Page 1164.
6. The right, title or interest, if any, of the public to use as a public beach or
recreation area any part of the Land lying between the water abutting the Land
and the most inland of any of the following: (a) the natural line of vegetation; (b)
the most extreme high water mark; (c) the bulkhead line, or (d) any other line
which has been or which hereafter may be legally established as relating to such
public use. Terms and conditions of any existing unrecorded lease(s), and all
rights of lessee(s) and any parties claiming through the lessee(s) under the
lease(s).
7. Rights of the United States Government to that part of the Land, if any, being
artificially filled in land in what was formerly navigable waters arising by reason
of the United States Government control over navigable waters in the interest of
navigation and commerce.
8. Any adverse ownership claim by the State of Florida by right of sovereignty to
any part of the Land that is, as of the Date of Policy or was at any time previously,
under water (submerged).
9. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded November 16, 1964 in Book 325,
Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
ox1AOCs 129558971 10
TAB 3
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
10. Storm Sewer Easement to the State of Florida for the use and benefit of the State
Road Department of Florida recorded September 27, 1966 in Book 379, Page
1033.
11. Drainage Easement in favor of the State Road Department of Florida recorded
October 21, 1966 in Book 381, Page 225.
12. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded January 29, 1970 in Book 446,
Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
13. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded March 26, 1973 in Book 534,
Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
14. Easement in favor of the Utility Board of the City of Key West recorded January
27, 1977 in Book 690, Page 313.
15. Reservation in favor of the Trustees of the Internal Improvement Fund of the
State of Florida contained in the Deed recorded December 6, 1985 in Book 959,
Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2
interest in all petroleum rights. c. Rights of exploration in conjunction with
phosphate, mineral, metal and/or petroleum rights have been released pursuant to
Florida Statute 270.11(2).
16. Grant of Non -Exclusive Access and Parking Easement Agreement in favor of
Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in
Book 1464, Page 1517.
17. County Ordinance 10-77, providing for the annual levy on garbage and trash
collection fees to be assessed upon this parcel of land.
18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page
92.
19. Grant of Easement (Ingress, Egress, Utilities, Drainage, Encroachments and
Maintenance) as recorded August 1, 2003 in Book 1915, Page 100.
ORLDOCs 12955997 1 11
TAB 3
20. All the covenants, conditions, restriction, easements, assessments and possible
liens, terms and other provisions of Declaration of Condominium and Exhibits
thereto, recorded August 11, 2003 in Book 1918, Page 1967, -Public Records of
Monroe County, Florida, and as further amended, including, but not limited to one
or more of the following: provisions for private charges or assessments; liens for
liquidated damages; and/or option, right of first refusal or prior approval of a
future purchaser or occupant. NOTE: Developers Right of First Refusal was
terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Condo
Parcels only)
21. County Resolution No. 265-2004, providing for the annual levy for wastewater
assessments recorded June 23, 2005 in Book 2126, Page 511.
22. Terms and conditions of the Monroe County Planning Commission Resolution
No. P21-07 recorded July 13, 2007 in Book 2308, Page 801.
ORMOCS 129559971 12
TAB 3
Property Search — Monroe County Property Appraiser
W%Scoff P. Russell, z.FA
Property Appraiser
-Monroe County, Florida
Page 1' of 15
Key West (305) 292-3420
Marathon (305) 289-2550
Plantation Key (305) 852-
7130
Property Record Card - Website tested on 1E8,
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10.3 or higher
Alternate Key.- 1161624 Parcel ID: 00127420-000000
All R d l" mll'-";RVRT0R. Fr- 1Cu^RT1w;;C'WE:f"M
DetailsOwnership
Mailing Address:
OCEANSIDE INVESTORS LLC
5640 LAUREL AVE
KEY WEST, FL 33040-5915
PC Code: 20 - AIRPORTS, MARINAS, BUS TERM
Miilage Group: 110A
Affordable No
Section-Townshlp- 3S67-25
Range:
Property Location: 5950 PENINSULAR AVE SOUTH STOCK ISLAND
Legal Description: STOCK ISLAND MALONEY SUB PB1-55 LOTS 1-2-3 AND ADJ BAY BTM SQR 60 AND PT LTS 1'-2-3
AND ADJ BAY BTM SQR 61 AND PT MALONEY AVE VACATED BCC 151-1974 AND FILLED BAY BTM
ADJ TO MALONEY AVE (.11AC) AND PT ADJ PARCEL MISC REC BK D-58/59 OR333-58/59 OR509-440
OR51 4-920R534-1 96/198 OR550-695 II 24710 OR690-313E OR739-246 OR930-119/137Crr OR930-
148/151 OR959-2354/2355 II 26658 (3608-44) OR1278-2366/59 OR1619-384/386CERTAIF OR2503-
2018/32 OR2634-572/83
TAB 4
Property Search — Monroe County Property Appraiser
Land Details
Land Use Code Frontage —_ Depth Land Area
I DOW- COMMERCIAL WATERFRON 0 0 329,644.00 SF
9500 - SUBMERGED 0 0 6.73 AC
'M�Vildlng Summafy —
Number of Buildings: 6,
Page 2 of 15
TAB 4
htt-n-I/"nxr%xY me-inafl f%rrr/Prnr%Q..awM, ac,
Property Search -- Monroe County Property Appraiser
Page 3 of 15
Dumber of Commercial Buildings: 6
Total Living Area: 45361
Year Built: 1969
Building I Details
Building Type
Condition A
Effective Age 22
Perimeter 142
Year Built 1969
Special Arch 0
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type Roof Cover
Heat 1 Heat 2
Heat Src 1 Heat Src 2
Extra Features:
2 Fix Bath 0
3 Fix Bath 0
4 Fix Bath 0
5 Fix Bath 0
6 Fix Bath 0
7 Fix Bath 0
Extra Fix 8
CAN
775-112
EUM
Sections:
Quality Grade 250
Depreciation % 27
Gmd Floor Area 1,240
Foundation
Bedrooms 0
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
40 FT.
OPIF
tOF�QOIOD
OFT.
i
40
10 FT.
FLA
F
124142
31 2
ffm
31 FT, 31 FT.
m
Nbr
Type
Ext Wall 0 Stories
Year Built Attic A/C Basement %
Finished Basement % Area
1
FtA
1
1982
1,240
2
OPF
1
1982
310
3
OPF
1
1982
400
4
CAN
1
1982
775
TAB 4
httn-/lwww menafl nra/Prnr►CPareh aanv It inn inn, i
Property Search -- Monroe County Property Appraiser
I
Section Nbr Interior Finish Nbr
Type
Area %
Sprinkler
A/C
10037
VACANT COMM
100
N
Y
10038
OPF
100
N
N
10039
OPF
100
N
N
10040
CAN
100
N
N
Exterior Wall:
Interior Finish Nbr
Type
Area %
3284
AVE OOD SIDING
100
Building Type
Condition A
Quality Grade 250
Effective Age 22
Perimeter 468
Depreciation % 27
Year Built 1'970
Special Arch 0
Grnd Floor Area 9,704
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type
Roof Cover
Foundation
Heat 1
Heat 2
Bedrooms 0
Heat Src 1
Heat Src 2
Extra Features:
2 Fix Bath
0
Vacuum 0
3 Fix Bath
0
Garbage Disposal 0
4 Fix Bath
0
Compactor 0
b Fix Bath
0
Security 0
6 Fix Bath
0
Intercom 0
7 Fix Bath
0
Fireplaces 0
Extra Fix
8
Dishwasher 0
Page 4 of 15
TAB 4
Property Search — Monroe County Property Appraiser
Sections:
Nbr Type
Ext Wall # Stories
Year Built Attic A/C Basement %
Finished Basement % Area
1 FLA
1
1982
8,520
2 FLA
1
1982
1,184
Interior Finish:
Section Nbr Interior Finish Nbr
Type
Area %
Sprinkler
A/C
10041
MARINA/AUTO/BUS TERM
100
N
N
10042
SERV SHOPS ETC
100
N
N
Exterior Wall:
Interior Finish Nbr Type Area %
3285 METAL SIDING 100
Building
Building Type
Condition A_
Effective Age 14
Perimeter 800
Year Built 1969
Special Arch 0
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type
Roof Cover
Heat t
Heat2
Heat Src 1
Heat Src 2
Extra Features:
2 Fix Bath 0
TAB 4
b.4f.�..//<.n.nad a+•ew.e.,f7 ..rr./A..�...Qe...wl. ......�.
Quality Grade 250
Depreciation % 18
Gmd Floor Area 30,000
Foundation
Bedrooms 0
Vacuum 0
Page 5 of 15
Property Search — Monroe County Property Appraiser
3 Fix Bath
0
4 Fix Both
0
6 Fix Both
0
6 Fix Bath
0
7 Fix Bath
0
Extra Fix
0
Garbage Disposal is
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
Sections:
Nbr Type Ext Wall # Stories Year Built Attic A/C Basement % Finished Basement % Area
1 FLA 1 1982 30,000
Interior Finish:
Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C
10043 WAREHOUSE/MARINA C 100 N N
Exterior Wall:
Interior Finish Nbr Type Area %
3286 METAL SIDING 100
L
Building 4 Details
Building Type
Condition A
Effective Age 14
Perimeter 180
Year Built 1983
Special Arch 0
Functional Obs 0
Economic Obs D
Inclusions:
Roof Type
Roof Cover
Heat I
Heat 2
TAB 4
Quality Grade 250
Depreciation % 18
Grnd Floor Area 988
Foundation
Bedrooms 0
Page 6 of 15
Property Search -- Monroe County Property Appraiser
Heat Src 1
Extra Features:
Heat Src 2
2 Fix Bath
0
Vacuum 0
3 Fix Bath
0
Garbage Disposal 0
4 Fix Bath
0
Compactor 0
6 Fix Bath
0
Security 0
6 Fix Bath
0
Intercom 0
7 Fix Bath
0
Fireplaces 0
Extra Fix
18
Dishwasher 0
a r rT, ..
A OUF .�R I
M32t Zetid
W Fr M FT, 7 Fr. 26 FT
or?, rrT a►rt
Sections:
or
ito
.EFT.
M3
mFT.
Nbr
Type
Ext Wail # Stories
Year Built Attic A/C nt %
Finished Basement % Area
1
FLA
1
1983
728
2
OUF
1
1983
186
3
FLA
1
1983
260
4
ECF
1
1996
1,144
Interior Finish:
Section Nbr Interior Finish Nbr
Type
Area %
Sprinkler
A/C
10044
CAMP BLDG
100
N
N
lD045
OUF
100
N
N
10046
CAMP BLDG-A
100
N
N
10047
ECF
100
N
N
Exterior all:
Interior Finish Nbr Type Area %
3287 METAL SIDING 100
Page 7 of 15
TAB 4
Property Search -- Monroe County Property Appraiser
Building 5 Details
Building Type
Effective Age 22
Year Built 1975
Functional Obs 0
Inclusions:
Roof Type
Heat 1
Heat Src 1
Extra Features:
2 Fix Bath 0
3 Fix Bath 0
4 Fix Bath 0
5 Fix Bath 0
8 Fix Bath 0
7 Fix Bath 0
Extra Fix 3
Sections:
Condition A
Perimeter 80
Special Arch 0
Economic Obs 0
Roof Cover
Heat 2
Heat Src 2
15 FT.
FLA
225-60
15 FT.
15 FT.
Quality Grade 250
Depreciation % 27
Grnd Floor Area 225
Foundation
Bedrooms 0
Vacuum 0
Garbage Disposal 0
Compactor 0
Security 0
Intercom 0
Fireplaces 0
Dishwasher 0
15 FT.
Nbr Type Ext Wall 1f Storles Year Built Attic A/C Basement % Finished Basement % Area
1 FLA 1 1993 225
interior Finish:
Section Nbr Interior Finish Nbr Type Area % Sprinkler A/C
10048 SERV SHOPS ETC 100 N N
Exterior ail:
Interior Finish Nbr T pe Area %
TAB 4
Page 8 of 15
Property Search -- Monroe County Property Appraiser
Page 9 of 15
3288
AVE WOOD SIDING
100
I
DetailsBuilding 6
Building Type
Condition E
Quality Grade 400
Effective Age 12
Perimeter 304
Depreciation % 15
Year Built 1995
Special Arch 0
Grnd Floor Area 3,204
Functional Obs 0
Economic Obs 0
Inclusions:
Roof Type
Roof Cover
Foundation
Heat 1
Heat 2
Bedrooms 0
Heat Src 1
Heat Sm 2
Extra Features:
2 Fix Bath
2
Vacuum
0
3 Fix Bath
0
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
12
Dishwasher
0
a
Imlo �r
:iW'Y'9v�.PPA
�wb
pF-7 -ARY aiwW'
zaa,t: gin,
:"y�rt
M *FW
I
�
I
'SIN
M'0' "'F MCA"'
^"•' M"4
XN ''W'
Sections:
Nbr
Type
Ext Wall g Stories
Year Built Attic A/C Basement %
Finished Basement % Area
0
FLA
1
2003
480
0
FLA
1
2003
180
1
EUF
1
2003
4,996
2
FLA
1
2003
144
4
FLA
1
1995
2,400
TAB 4
Property Search -- Monroe County Property Appraiser
6
OPX
i 2003
2,010
7
ODU
1 2003
554
8
OPX
1 1995
100
9
ODU
1 2003
50
Interior Finish:
Section Nbr interior Finish Nbr
Type
Area °%
Sprinkler
A/C
RESTRNT/CAFETR-B-
100
Y
Y
RESTRNT/CAFETR-B.
100
Y
Y
10049
EUF
100
N
N
10050
RESTRNT/CAFETR-B-
100
Y
Y
10052
REST/CAFET-A-
100
Y
Y
10054
OPX
100
N
N
Exterior Wall:
1 3289 AB AVE WOOD SIDING 10D I
Page 10 of 15
Nbr
Type
# Units
Length
Width
Year Built
Roll Year
Grade
We
1
UB2:UTILITY BLDG
225 SF
15
15
1979
1980
3
50
2
RK2:80AT RACKS
175 UT
0
0
1979
1980
1
30
3
PT3:PATIO
5,060 SF
0
0
1976
1977
1
50
4
CL2:CH UNK FENCE
2,892 SF
482
6
1976
1977
2
30
5
PT3:PAT1O
1,276 SF
D
0
1976
1977
1
50
6
SV&SEAWALL
4,995 SF
999
5
1999
2000
5
60
7
SMSEAWALL
1,855 SF
371
5
1999
2000
5
60
8
DK3:CONCRETE DOCK
8,418 SF
0
0
1976
1977
5
60
9
AP2:ASPHALT PAVING
70,250 SF
0
0
1976
1977
2
25
10
UB2:UTIUTY BLDG
225 SF
15
15
1979
1980
3
50
11
RK2:BOAT RACKS
175 UT
0
0
1979
1980
1
30
12
PT3:PAT1O
5,060 SF
0
0
1976
1977
1
50
13
CL2:CH UNK FENCE
2,892 SF
482
6
1976
1977
2
30
14
PT3:PATIO
1,276 SF
0
0
1976
1977
1
50
15
SW2:SEAWALL
4,995 SF
999
5
1999
2000
5
60
16
SW2:SEAWALL
1,855 SF
371
5
1999
2000
5
60
17
DK3:CONCRETE DOCK
8,418 SF
0
0
1976
1977
5
60
18
AP2:ASPHALT PAVING
70,250 SF
0
0
1976
1977
2
25
19
UB2.UTIUTY BLDG
96 SF
12
8
1982
1983
3
5D
20
FN2:FENCES
360 SF
6
60
1993
1994
2
30
21
U82:UTIUTY BLDG
200 SF
10
20
1982
1983
3
50
22
RK2:BOAT RACKS
10 UT
0
0
1989
1990
1
30
23
FN2:FENCES
1,330 SF
7
190
1993
11994
5
30
TAB 4
Property Search -- Monroe County Property Appraiser
Page 11 of 15
24
25
CL2:CH LINK FENCE
PT3:PATIO
3,120 SF
1,240 SF
6
0
520
0
1993
1994
1994
1995
1
2
30
50
26
WD2:WOOD DECK
564 SF
0
0
1994
1995
4
40
27
AC2:WALL AIR COND
2 UT
0
0
1994
1995
1
20
28
WD2:WOOD DECK
60 SF
12
5
1994
1995
1
40
29
AP2ASPHALT PAVING
2,008 SF
0
0
1994
1995
1
25
30
PT3:PATI0
400 SF
100
4
1993
1994
2
50
31
WD2:WO0D DECK
400 SF
100
4
1983
1984
4
40
32
CB2:DET CABANA
100 SF
10
10
1993
1994
3
60
33
UB2:UTILITY BLDG
72 SF
12
6
1989
1990
2
50
34
UB3:LC UTIL BLDG
40 SF
10
4
1989
1990
1
30
35
UB2:UTILITY BLDG
96 SF
12
8
1992
1993
3
50
35
UB2:UTILITY BLDG
96 SF
12
8
1992
1993
3
50
37
FN2:FENCES
600 SF
60
10
1995
1996
5
30
38
FN2:FENCES
600 SF
60
10
1995
1996
5
30
39
FN2:FENCES
192 SF
16
12
1998
1999
5
30
40
SW2:SEAWALL
1,720 SF
430
4
1998
1999
1
60
RE: 12361 AND 12745 COMBINED FOR ASSESSING PURPOSES 5-8-87
PER OR2669-824 SPLIT 541 SQ FT ADJACENT TO BOAT SUP 693 TO RE00127420-000925, AK9102430; DONE FOR THE
2014 TAX ROLL
2004H/6...BC... BUILDING 7 AND THE LAND UNDER IT WAS SPLIT OUT AND CONVERTED INTO CONDO BOAT STORAGE
(O BE HANDELED BY DARLENE) THE OVERRIDE VALUE WAS REDUCED BY $644,924. OCEANSIDE MARINA 96 SF U92
IS GUARD HSE BLDG. #1= TACKLESHOP BLDG. #2=SHIP'S STORE BLDG. #3 = BOAT STORAGE BLDG. #4 = BATH
HOUSE INCOME DATA 1N FILE CHANGED THE PC CODE FROM 27 TO 60 FOR HE Y2K TAX VALUE AND PICKIED HE 430
FEET OF RIPRAP. 00/039 2000-12-29 REMOVED THE -75 TO 1.00 FOR THE LAND ADJUSTMENT FOR THE BAY BOTTOM
FOR THE 2001 TASX ROLL DUG 2002/5131 SB, TPP ACCOUNTS: ALL SEASON ANGLERS - 899101, BENNETT BRIAN-
9028196, BITTNER, DALE-8886241, BRIENZA, JAMES-8999629, CALCUTTA-W24149, CAPT MIKES-8939657, CAPT PAUL
HELWIG-8943408, CARL PEACHEY-8999255, CHARTER SEA-8918127, CHEERIO CHARTERS-9000762, CLUB FRED-
8977640, COLE, WM4977024, CURRIE, MIKE-8870418, DEBI LOU-8893761, END OF THE LINE-8977090, FUN-SEA-KER-
8981677, HIGH SEAS-9000135, HUGH MORGAN-9000300, JACE GROUP-8943716, KEY LIMEY CHARTERS-8859708, KW
KAYAK FISHING-8943771, KW METAL SCULPTING-8928694, LIGHTHOUSE INN-8882912, LOGAN, RYON-8970468,
MANNETTI CHARTERS-8892004, MARKS MARINE DIESEL RPR-8796684, MS MARGARITE-8927931, MURRAY SHATT-
8929368, MYSTIC DREAM-8970534, ON THE FLY-8824823, PIERCE, THOMAS-8889780, QUICK RELIEF41684584, REEL
TIME-8943375, RUSTY FLY-8970842, SEAHORSE-9003182, SEA YA-8914890, SECOND CHANCE-8927912, SHADOW
8927996, SIGNAL 20-9000762, SOUTHERNMOST SAILING-8829345, STRUTHERS, GENE-9001114, SUTA PROPERTIES-
8892454, SUPER GROUPER-8928455, SUNDAYS ON THE BAY-8977035, THERAPY-8949469, THOMAS, GREG-8939349,
THUMMUS-8787081, TOMCAMP-8989784, TROPICAL DREAM-8954694, WILD ABOUT DOLPHINS-8905246, WILL.ET
MARINE-8819676, SOUTHPAW CHARTERS-9022256, MARINATECH INC-9022597, SUPER GROUPER I11-9028493 2/14/2003
ADDED BLDG # 7, BOAT STORAGE. D.M.J.
Building
Bldg Number
Da c«Dateetea
Amount
Description
Notes
06106750
03/15/2007
225,000
Commercial
New Marina entrance
10105254
09/02/2010
0
Commercial
WIRE RANGE HOOD
10ID4979 08/19/2010
0
Commercial
POOL, SPA, FENCE.
13100536
02/28/2013
3,800
Commercial
TEMP OFFICE TRAILER
13100535
02/28/2013
10,000
Commercial
DEMO INTERIOR
TAB 4
1--1--------._,,---% .-._., m _......n w. .....I ... ..
Property Search -- Monroe County Property Appraiser
Page 1.2 of 15
13100536 02/28/2013
3,800
Commercial
PLACE TEMP OFFICE 8 X 40 FT
13102543
06/27/2013
0
DEMO BATH HOUSE.
13102737
07/222013
4,635
Commercial PERMIT APPROVAL TO INSALL VIDEO CAMERA'S FOR
SECURITY
1 94-0659
08/01/1994
03/01/1995
200,000
Commercial
COMM.RESTAURANT
95-0276
08/01/1994
03/01/1995
500
Commercial
ENCLOSURE
94-1251
10/01/1994
10/01/1995
3,025
Commercial
BUILDING MISC.
4 981173
0821/199a
06/11/1999
25,000
Commercial
SEAWALL
5 991605
06/23/1999
01/20/2000
9,500
Commercial
COMMERCIAL ROOFING
6 0012271
05/24/2000
01/01/2001
25,000
Commercial
SEAWALL -REPAIR
7 01-2637
08/242001
06/10/2002
3,000,000 Commercial
BOAT STORAGE BLDG
8 01-2636
08242001
06/102002
3,000,000 Commercial
BOAT STORAGE BLDG
9 01-5372
08/242001
06/102002
3,000,000 Commercial
BOAT STORAGE BLDG
10 11/4681
121262001
12/292006
16,025
Commercial
SIDEWALK -REPLACE
11 01/4666
12/212001
06/102002
6,000
Commercial
COMM. MISC.
12 012635
08/242001
12282D07
3,000,000 Commercial
site upgrades
13 02/1355
05/092002
12/292006
150,000
Commercial
EXPANSION OF REST.
14 02/1758
05/142002
06/102002
72,000
Commercial
DOCK
15 02-2525
07/122002
03/132003
150.000
Commercial
ADD TO RESTAURANT& C.O.
17 01-2834
12/192001
1229/2006
30,000
Commercial
SLAB 1,468 SF
04-1801
OW82004
02/162005
99,720
Commercial
ELECTRIC MISCELLANEOUS
01102653
12292006
0
Commercial
new SFR
01102654
12292006
0
Commercial
new SFR
01102655
12292006
0
Commercial
new SFR
01102656
12292006
0
Commercial
new SFR
01102658
12292006
0
Commercial
new SFR
01102659
12292006
0
Commercial
new SFF
01102660
12292006
0
Commercial
new SFR
01102661
12/30/2003
0
Commercial
new SFR
01102657
12/302003
0
Commercial
new SFR
01102642
12/30/2003
0
Commercial
new SFR
01102641
12/302003
0
Commercial
new SFR
01102640
12/302003
0
Commercial
new SFR
01102639
12/302003
0
Commercial
new SFR
01102645
12/30/2003
0
Commercial
new SFR
01102643
12/30/2003
0
Commercial
new SFR
01102647
12/302003
0
Commercial
new SFRO
01102646
12/302003
0
Commercial
new SFR
01102648
12/302003
0
Commercial
new SFR
01102649
12/302003
0
Commercial
new SFR
01102650
12/302003
0
Commercial
new SFR
01102651
12/30/2003
0
Commercial
new SFR
01102652
12/302003
0
Commercial
new SFR
05104135 08/05/2005
12292006
5,000
Commercial
DEMO DRYWALL & TILE
TAB 4
Property Search -- Monroe County Property Appraiser
Page 13 of 15
05105320 04/28/2006
06104082 03/12/2007
12/28/2007
12/2W007
500,000
10,000
Commercial
Commercial
INTERIOR RENOVATIONS FOR 1ST FLOOR,
CONCRETE SLAB, & ROOF
Install New Buffer Tank
07101892
05/24/2007
100,000
Commercial
DEMO METAL BUILD
07101628
O6105/2007
12128/2007
16,000
Commercial
Install Kitchen Hoods
07102762 08/13/2007
2,400
Commercial
Fire Suppression System
07102478
07/26/2007
01/16/2008
1,200
Commercial
Propane Tank & Lines
07103478
09/13/2007
57,000
Commercial
Dock Improvements & Repairs
Parcel Value History
Cerflfied IRoP VlbWes.
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
2,455,786
1,357,159
4,205.730
3,452,645
3,452,645
0
3,452,645
2012
2,488,395
1,392,190
4,205,730
3,452.645
3,462,645
0
3,452.645
2011
2,539,196
1,422,245
4,205,730
6,021,177
5,021.177
0
5,021.177
2010
2,539,196
1,447,289
7,743,188
5,579,085
6,579,085
0
6,579,085
2009
2,596,980
1,483,137
16,979,873
5,579,085
5,679,085
0
5,579,086
2008
2,621,437
1,613,593
9,096,673
6,950,384
6,950,384
0
6,950.384
2007
1,883,939
1,266,994
3,411,673
6,960,384
6,950,384
0
6,950.384
2006
1,895,088
1,059.408
3,032,673
1,820,647
1,820,647
0
1,820,647
2005
1,952,361
1,080,304
3,032,673
1,820,647
1.820,647
0
1,820,647
2004
1,952,327
1,099,609
1,349,150
1,820,647
1,620,647
0
1,820,647
2003
2.369,256
1,124,895
1.424,150
2,465,571
2,465,671
0
2,465,571
2002
1,799,332
1,145,824
1,459,650
2,465,571
2,465,571
0
2,455,671
2001
1,799.332
1,165,097
996,970
2,465,571
2,465,571
0
2,465,571
2000
1,799,332
349,157
977,395
2,465,571
2,465,571
0
2,465,571
1999
1,799,332
344,291
977,395
1,789,390
1,789,390
0
1,789,390
1998
1,202,121
352,526
977,395
1,356,546
1,356,546
0
1,358,546
1997
1,202,121
362,578
977,395
1,356.50
1,356,546
0
1,356,646
1996
1,084,467
359,012
977,395
1,356,546
1,356,546
0
1,356,546
1995
838,212
358,125
1,071,680
2,283,321
2,283,321
0
2,283,321
1904
842,465
357,609
1,071,680
2,283,321
2,283,321
0
2,283,321
1993
842,465
364,306
2,571,675
2,784,273
2.784,273
0
2,784,273
1992
842,465
373,619
1,560,161
2,766,245
2,766,245
0
2,788,245
1991
877,466
389,118
2,004.157
3,270,741
3.270,741
0
3.270.741
1990
877,466
401,995
1.634,815
3,635,223
3,635,223
0
3,635,223
1989
877,466
417,492
1,634,815
3,635,223
3.635,223
0
3,635,223
1988
800,600
334,434
1,634,815
3,648.483
3,548,483
0
3,548,483
1987
779,565
344,152
1,636,765
3,532,620
3,532,620
0
3,532,620
1986
752,031
349,316
1,486,910
3,167,805
3.167,805
0
3,167.805
1985
735,525
360,772
1,03B,731
2,980,119
2,980,119
0
2.980,119
TAB 4
Property Search -- Monroe County Property Appraiser
Page 14 of 15
1984
732,449
370,406
1,038,731
2,100,000
2,100,000
0
2,100,000
1983
715,242
217,002
1,038.731
2,030,395
2.030,395
0
2,030,395
1982
693,630
195,738
912,721
1,801,989
1.801,989
0
1,801,989
7 � 7
Parcel Sales History
NOTE: Satet- do riot qenei2Hy shm.; tip ir) OW computer systern umabout two to three months after the
date of sale. ff a recinpit sale does not show up in this list, peasa aHow more time for the safe record to be
processed. Thank you for your patience arid underst?nding,
Sale Date
Official Records Book/Page
Price
Instrument
Qualification
6113/2013
2634/572
4,750,000
WD
12
112612011
2503/2018
15,932,400
WD
12
612312004
2019/1476
7,250,000
WD
M
101111993
1278/2366
2,450,000
WD
Q
21111977
706 / 537
1,366,650
00
Q
This page has been visited 155,479 times.
Monroe County Monroe County Property Appraiser
Scott P. Russell, CFA
P.O. Box 1176 Key West FL 33041-1176
TAB 4
Property Search -- Monroe County Property Appraiser
Page 15 of 15
TAB 4
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5951 Peninsular Ave - Google Maps I Page 1 of 1
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TAB 6
595r Peninsular Ave - Google Maps
Page 1 of 1
'magi capture Ma, 2011 P.n' I,Me lJg1.. Goo{ie
TAB 6
Letters of No Objection from Avylicable Utilities
(to be supplemented subsequent to submission of application)
a t & t
650 United St
Key West, FL 33040
Office: (305) 296-9077
Facsimile: (305) 296-9032
August 25, 2014
Barton W. Smith, 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 Peninsular Avenue, Stock Island, 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
i
ra raeis
TAB 4 - Location Map
August 2&, 2014
Nick Batty, Esq.
SMITH OROPEZA, P.L.
138 —142 Simonton Street
Key West, FL 33040
RE: Road Abandonment — Peninsular Avenue, Stock Island
Dear Mr. Batty:
Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of
Peninsular Avenue in Stock Island. KEYS has no objection to the proposed road abandonment
as long as an easement is provided for the overhead or underground service feeding a double
unit at Tortuga West Housing. Please note that this easement shall provide 100% unrestricted
truck access at all times.
If you have any questions, please feel free to contact me at 305.295.1055.
Sincerely,
rC4
. F
-.
Engineering Supervisor
WQ- .,
MA/mpa
Copied via electronic mail:
Lynne Tejeda, General Manager & CEO
Jack Wetder, Assistant General Manager & CFO
Dale Finigan, Director of Engineering & Control
David Price, Director of T&D
Alex Tejeda, Director of Customer Services
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�^
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To: Gail Creech
Planning Commission Coordinator
Fr: Captain Donald Hiller
Monroe County Sheriffs Office
Date: May 7, 2014
Re: Road abandonment Petition Review: Oceanside Investors LLC -file# 2014-054
I have reviewed the petition for road abandonment for the above -described
location. Ingress/egress is not an issue for emergency vehicles since the location will still
have access to The Hickory House property as well as an additional entrance/exit to the
Tortuga West 6900 Maloney Ave. property. There is not going to be an issue with
additional traffic or hazards to the neighborhood if this land is abandoned.
I have conferred with Attorney Barton Smith on this request and for clarification and am
comfortable with this approval.
The Monroe County Sheriff's Office has no objections to the abandonment of
this land.
Please feel free to contact me if you have further questions.
5525 COLLEGE ROAD KEY WEST, FI, 33040 ** (305)292-7001 WWW.KEYSSO.NET
Comcast.
August 25, 2014
Nick Batty, Esq.
Smith I Oropeza, P.L.
13 8-142 Simonton Street
Key West, Florida 44040
RE: Road Abandonment
Peninsular Avenue, Stock Island, Florida 33040
Dear Mr. Nick Batty:
Comcast has no objection to the abandonment of the portion of Peninsular Avenue
adjacent to Block 46, Lots 32, 33, 34, 35 and Block 60 Lots 2 and 3.
If you have any questions or are in need of further information please contact me at
305-809-1255.
Sincerely,
Greg Daniels
Lead Construction Technician
Comcast Cable, Florida Keys
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Letter of No Objection from Tortuga West Homeowners'
Association, Inc.
(to be submitted subsequent to submission of application)
' 1 ♦ •w • r r • WM4=0111
October 2014
Barton W. Smith, Esq.
Counsel for Oceanside Investors, LLC
Smith Oropeza, P.L.
138-142 Simonton Street
Key West, Florida 33040
Re: Tortuga West Homeowners' Association, Inc. Letter of No Objection to
Abandonment ofPortion ofPeninsular Avenue, Stocklsland. Florida
Dear Mr. Smith:
As you know, Tortuga West Homeowners' Association, Inc., a Florida not for profit
corporation ("Tortuga West") is the owner of real property located at 6900 Maloney
Avenue, which contains a portion of Monroe County Real Estate Number 126230 and
Monroe County Real Estate Number 126200. These parcels are adjacent to the portion of
Peninsular Avenue for which Oceanside Investors, LLC has applied for abandonment
from Monroe County, and which is depicted in the attached survey.
Pursuant to Section 5.9 of the Declaration of Protective Covenants, Restrictions and
Easements of Tortuga West (the "Declaration"), "[i]n the absence of a specific
requirement of approval by Members, the Board may act on its own through its proper
officers with or without a specific authorizing resolution." The abandonment was raised
at a recently held meeting of the Tortuga West Board of Directors ("Board"), and the
consent was duly approved by a vote of the majority of directors present at a meeting
where quorum was present, in conformance with Article III, Section E(5) of Tortuga
West's By-laws.
Pursuant to Article IV Section H of Tortuga West's By-laws, the President of Tortuga
West shall sign all leases, mortgages, notes, checks, deeds and other written instruments
necessary to perform all of the duties incident to the office and which may be required
from time to time by the Board.
As such, my signature on this Letter of No Objection serves to indicate that Tortuga West
has no objection to the abandonment of the area delineated on the attached survey, and
C ]I %t I, ll us u) Olt- a barp, �f) il n, w,c ni sh f) l, h I b� I �,,' M I OL B, c] U n
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b errMONROE COUNTY SHERIFF'S OFFICE
To: Gail Creech, Planning Commission Coordinator
Fr: Capt. Don Hiller
Date: September 23, 2014
Re: Road abandonment Petition for Oceanside Investors LLC File#2014-132
I have reviewed the petition for road abandonment for the above -described location.
Ingress/egress is not an issue for emergency vehicles since the location will still have
access to the entrance/exit to the Tortuga West 6900 Maloney Ave. property. There is
not going to be an issue with additional traffic or hazards to the neighborhood if this
land is abandoned.
I have conferred with Attorney Barton Smith on this request and for clarification and am
comfortable with this approval.
The Monroe County Sheriff's Office has no objections to the abandonment of
this land.
Please feel free to contact me if you have further questions.
5525 COLLEG E ROAD KEY WEST, FL 33040
Engineering Department
MEMORANDUM
To: Gail Creech
From: Judy Clarke, Director of Engineering Servi
Date: February 19, 2014
Re: Ed Swift Road File #2014-011
1 have reviewed the proposed road abandonment and do not have any objections to the
abandonment of a portion of Ed Swift Road. The right of way is 23 R. wide and therefore is too
narrow to construct a T-turnaround, which is typical at the end of a road.
If you should have any questions please feel free to contact me by email at clarke-
iudith@monroecounty-fl.gov or by telephone at 305-295-4329.
Engineering Department
MEMORANDUM
To: Gail Creech, Planning Commission Coordinator
From: Judy Clarke, P.E., Director of Engineering Service
Date: October 6, 2014
Re: File # 2014-132, Oceanside Investors LLC - Road Abandonment Petition
I have reviewed the above referenced road abandonment petition. The application did not include
a letter of no objection from Tortuga West Homeowners Association, who is the adjacent
property owner.
Should the road abandonment petition be approved, it is possible that Tortuga West's 30 ft. wide
portion will be insufficient to maintain existing two- way ingress/egress from the complex via
the former Peninsular Avenue access drive. If two-way access is neither required nor desired this
will not pose a problem. Any resulting access drive will not be a county maintained road/right of
way; therefore, Engineering Department does not have any objections to the proposed
abandonment.
If you should have any questions or need any additional information, please feel free to contact
me by telephone at 305-2954329 or by email at clarke-judith@monroecounty-fl.gov.
cc: J. Haberman
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Aqueduct Authority
®o
1 100 Kennedy Drive
Key West, Florida 33040
Teleph
one (305) 296-2454
September 24, 2014
Smith/Oropeza, P.L.
Nick Batty, Esq.
138-142 Simonton Street
Key West, FL 33040
RE: The abandonment of a section on Peninsular Avenue in Stock Island, FL
J. 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
Dear Mr. Batty:
The FKAA Board of Directors approved at the September 24, 2014 meeting, the above referenced project.
Pursuant to your request, staff has researched your request and the FKAA have no objection to the
abandonment described as Peninsular Avenue, lying between Blk. 46 and 60, according to Maloney's
subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat Book I, Page 55, of the
Public Records of Monroe County, FL.
The FKAA has a 2" water main and meter located in the area of the proposed abandonment; the owner
has agreed to the removal of the existing meter once property is deeded to Oceanside Investors LLC.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FL A KEYS AQUEDUCT AUTHORITY
Marnie Walterson
Distribution Design Supervisor
M W/cma
C: Robert Feldman, General Counsel
Roy Coley, Manager of Operations
Monroe County Building Department
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BOARD OF DIRECTORS, FLORIDA KEYS AOLNED�UCT' AUT 'ORITY
AGENDA ITEM SUMMARY
AGENDA ITEM # 0UO- L) / % fJ J -// O CONSENT: x" REGULAR:
Meeting Date: September 24, 2014 Department: Engineering
AGENDA TITLE: No objection to the abandonment of Peninsular Avenue in Stock Island, Florida as described as
Peninsular Avenue, lying between Block 46 and 60, South ofEast '/a of Lots 32, 33, 34 & 35 in square 46, and
North of a portion of Lott and Lot 3, Block 60, according to Maloney's subdivision of a part of Stock Island.
Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida and
being more particularly described in attached. The FKAA has a 2" water main and meter located in the area of the
proposed abandonment; the Owner has agreed to the removal of the existing meter once property is deeded to
Oceanside Investors LLC.
ITEM BACKGROUND: N/A
PREVIOUS RELEVANT ACTION BY FKAA BOARD OF DIRECTORS: N/A
STAFF RECOMMENDATION (MOTION): The Board of Directors have no objection to the of Peninsular Avenue in
Stock Island, Florida as described as Peninsular Avenue, lying between Block 46 and 60, South ofEast'/Z of Lots
32, 33, 34 & 35 in square 46, and North of a portion of Lott and Lot 3, Block 60, according to Maloney's
subdivision of a part of Stock Island. Monroe County, Florida, as recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida.
SUPPLEMENTAL INFORMATION: See Attached Request.
DOCUMENTATION: Included: To -Follow: ❑ Not Required: ❑
COST FKAA: $ BUDGETED: Yes No
COSTIOTHERS: $
COST TOTAL: $
DEPARTMENT DIRECTOR APPROVAL k
Reviewed by: Internal Auditor. p r General Counsel: l� Executive Director:
BOARD ACTION:
Approved: IV. Tabled: ❑
Comments:
df�
Date: 1 '
,/
Disapproved: ❑ Recommendation Revised: ❑
a
Recording Clerk: e4
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BartonW.Srnith, Esq. SMITH OROPE"IZA, P.L. Patrick Flanigan. Esq.
PIA11111GO111W peffmag I
I a
ory S. Oropeza, Esq. Richard McChesney, Esq.
138-142 Simonton Street
Key West, Plorlds, 33040 Nick Batty, Esq.
Telephone. (305) 296-1227
Facsimile -. (305) 296-8448
mwalterson@flm&com July 31, 2014
Mamie Walterson
Distribution Design Supervisor
Ploride Keys Aqueduct Authority
I 100 Kennedy Drive
Key West, Florida 33040
RE:
Dear Ms, Walterson,
I represent the interests of Oceanside Investors, LLC, which is seeking a road abandonment ftem
Monroe County of a portion of Peninsular Avenue, on Stock Island, Monroe County, Florid& As
a prerequisite to obtaining an abandonment of the madway fi-om the Monroe County, applicants
am ® to obtain letters of no objection from all applicable utility providers.
I am writing to request a Letter of No Objection from the Florida Keys Aqueduct Authority for
the abandonment of the portion of Peninsular Avenue highlighted on the attached aerial
depiction. A survey of the, area is fbrthcoming, mW I will tranmit it to you when it is received.
Please let me icnow If there is anything I can do to facilitate the review of the road abandonment,
or if you, have any questions, Thank you very much for your assistance in this matter.
Lrz"JV-Q=
tor ---
Nick Batty, Esq.
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KWRU
KW RESORT &JTMUTIE
VIA ELECTRONIC MAIL
Nick Batty, Esq.
Counsel for Oceanside Investors, LLC
Smith Oropeza, P.L.
138-142 Simonton Street
Key West, Florida 33040
6630 Front Street
Key West, FL 33040
305.295.3301
FAX 305.295.0143
www.kwru.com
September 8, 2014
Re: Letter of No Objection to Abandonment of Portion of Peninsular Avenue, Stock Island, Florida
Dear Mr. Batty:
KW Resort Utilities has reviewed the survey of the area of Peninsular Avenue, Stock Island, Florida, that
Oceanside Investors proposes be abandoned by Monroe County. The survey was provided in an e-mail
from Nick Batty, Esq. on August 25, 2014.
KW Resort Utilities does not object to the abandonment of the area delineated on the survey, which is
attached to this letter, provided Oceanside Investors, LLC takes ownership of all KW Resort Utilities
infrastructure in the area proposed to be abandoned. After review of pertinent documents and of the
proposed abandonment area, KW Resort Utilities has determined the existence of a shut-off valve in the
right-of-way. This shut-off valve is not in the area proposed to be abandoned, and will remain in the
public right-of-way after completion of the abandonment and KWRU will use this valve to shut off
wastewater service to the adjacent area of the property should there be reason to.
Sincerely,
Christopher A. Johnson
President
Haberman -Joe
From: Leonard -Timmy <Leonard-Timmy@MonroeCounty-FL.Gov>
Sent: Thursday, October 23, 20141:13 PM
To: bart@smithoropeza.com
Cc: Callahan -James
Subject: RE: Oceanside Marina Road Abandonment Part 2
Bart,
As long as the road abandonment does not compromise Fire Department Apparatus Access in anyway and complies with
the Florida Fire Prevention Code, The Fire Marshal's Office has no objection to the road abandonment.
Thank you,
Timmy Leonard
Deputy Fire Marshal
Monroe County Fire Rescue
Cell: 305-797-0875
Email : leonard-timmy@monroecounty-fl.gov
From: bart(&smithoropeza.com fmailto:bart@smithoropeza.coml
Sent: Saturday, October 18, 2014 2:17 PM
To: Leonard -Timmy
Subject: Oceanside Marina Road Abandonment Part 2
Timmy,
I do not know if you have done this yet, but Oceanside is requesting to abandon the remaining western
portion of peninsular avenue. Can you please review the proposed road abandonment and provide your
confirmation of no objection to the County? I have included the plans indicating how the site will look
after this road abandonment occurs. Please contact me with any questions.
Thanks.
Bart
Barton W. Smith, Esq.
SMITH OROPEZA, P.L.
138 —142 Simonton Street
Key West, Florida 33040
Tel: 305-296-7227
Fax: 305-296-8448
www.smithoropeza.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform
you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise
specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties
under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed
herein.
The information contained in this transmission may contain privileged and confidential information. It is intended
only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
Please note: This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all
information obtained during and from communications may be used for the purpose of collecting debt.
Haberman -Joe
From: Leonard -Timmy <Leonard-Timmy@MonroeCounty-FL.Gov>
Sent: Thursday, October 23, 20141:13 PM
To: bart@smithoropeza.com
Cc: Callahan -James
Subject: RE: Oceanside Marina Road Abandonment Part 2
Bart,
As long as the road abandonment does not compromise Fire Department Apparatus Access in anyway and complies with
the Florida Fire Prevention Code, The Fire Marshal's Office has no objection to the road abandonment.
Thank you,
Timmy Leonard
Deputy Fire Marshal
Monroe County Fire Rescue
Cell: 305-797-0875
Email : leonard-timmy@monroecounty-fl.gov
From: bart()smithoropeza.com[mailto:bartasmithoropeza.com]
Sent: Saturday, October 18, 2014 2:17 PM
To: Leonard -Timmy
Subject: Oceanside Marina Road Abandonment Part 2
Timmy,
I do not know if you have done this yet, but Oceanside is requesting to abandon the remaining western
portion of peninsular avenue. Can you please review the proposed road abandonment and provide your
confirmation of no objection to the County? I have included the plans indicating how the site will look
after this road abandonment occurs. Please contact me with any questions.
Thanks.
Bart
Barton W. Smith, Esq.
SMITH OROPEZA, P.L.
138 - 142 Simonton Street
Key West, Florida 33040
Tel: 305-296-7227
Fax: 305-296-8448
www.smithoropeza.com
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform
you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise
specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties
under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed
herein.
The information contained in this transmission may contain privileged and confidential information. It is intended
only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any
review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended
recipient, please contact the sender by reply email and destroy all copies of the original message.
Please note: This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any and all
information obtained during and from communications may be used for the purpose of collecting debt.
LOT
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