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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, ma!= � 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 i I y 1i■� � 1 ,. i 1 r, � l i ii '' 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 A- NL 3 n I 11 1 Y O V 1� C� O N T O Z "A I V V n NMdz v4wJ u;aON > �00'09 � z I � N a W �o (n m a ° z z'N m �.d z z N.Bc �y Eo w I U o� W 17NY 0 N = O -__ >o C7 = � u U Q z.v j o 6 i ° Y c z'm t o N o F �O pd F m o< c e ww L NN UO pIW O C .o!g rnm O'vmmoi J En V C m_ C Q a Q O O th 4 K r C O c p 0 � Z a a O O J L/ N m b W m m Cc L ya k aCY 3n NI.Nj> p..m.� l.Z..; O J j X Zp 1 oa a u p 2 p p Ln .- y h VI oo ° c o o 0:E t me N,C ,mm P ObMN o Tc �. vi Z° oa oo?.,,c a'o ..tea .Lo.S E mz�-a°�y cL N d a c vv mgv °m `o oou'ace gamoy L/ -o °•om° I.._ z U O 0 YC u u c \o c �o om\„ovi$o s... .... 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C'C C\ 4S o CM J9 m�C=N tO PJ�Oap,, V �'� C � ° � Q u) ttOo W mm0000.�3�o `co ��� N V O O m �Jr mmz«Nomm��o. c� Q*'d� 0 uj v) - �EU c 09 u;noS - ,o s h Ins a w °' o H 0.0 G �- CO I o -j z -o Il-y- ° Ld W j V° o-L v) m V C C o O W Z y�mmm o E04 O o ° o �Ew�° °'_O4) rn N cN(ryN OOi3 Q: -D-Do v0 Zm c o a x L d an o o asa me o�c °o ap'o �Z V) p o•�o O Xv 28 oN c Q d�Y `vN> c ° 3�m Q, �- :E Lu O U-° m c =mow O 00 0 •C O -ID�� � m'� ° O ,� W .N N O U� Www.O+ I,. a` IL V) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Maps are now launching theli Firefox e Flash 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 4F �Z ro NLI Tip Sal Airp. CLOvi "-k -1, 1 � I —i-J 1A 5951 Peninsular Ave - Google Maps I Page 1 of 1 '"MY W✓1{MWc np 2➢11 ►n" AW 241LGM>Q4 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 3 n N 3 A V °'�► O '°y J Z � N y��2N o $a4 c a go�"4 0 .00.09 WON 1 WN P mg 3 z;; m w � R J� u 3 Qv o 0 J // �A V ~ n y 4 N R � Alt- 0 W Z O r a u u �E C%4 N n 4-J pal Mir USED u�O—s �*2 0 `me � 1 O o °aasZ yq o w82 °gp 2n jaoz' 1.2 = 59 N Sep g N to a Mao iA 3 n N a 3 `d ,l3 NOItlW I i� Y ! 9 x G 7 o J ds O �0 2_ ` N y epNi h 0 p p�S4 Z O J � g g% a oe; .00.09 41JON uj � a c 3 o � Ln a� W 0 m4 o 0 Y� O N cF!� $aj1 is . a] yi t -N a00 0 00500 �E 2; Mpg? 0 a ` vMONROE COUNTY SHERIFF'S OFFIC-E �^ .,1 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 3 n N 3 V J. 3 N 0 d W 0 CS' J� 4•• r -vIlas 4-Saga i _►� nyma1 ;sl'E.2°C7 (-.? ego' 3g.ri _; O " figg 5°�9�eg12 L6 E CD L' v2, Rg Vy9� ep Y's•5 b"emu-='�� 3' $eS ° E s � �p f IRy U) -age so'Jn tOZ^Qj .,.... .1 if. a o S jfj 5 �y D `e s oa 6V r _� a"�g3aadsgs `oa�da�u 1"y 4_, O y R � m` N Z��dm ��v2N C ly irj LK'�ti z C +Y ° C ,i o n4 W$a`o,• ax O O� z 3m k-Ck to 4t o 0. 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C 2a°bd, 2 ¢1 3 ca R ti u t3ro�ytr� ,00"09 4:PON LLJ > r a { z N }qqq( 9-6 w � e D CD W L�l N Z4 H$ u h m t7 F z Cc V z$ m y ° cn 2oE� `o 3 0 a o'p y m y cL w u�`o v) Iti�V C C UQ� O c � y U Vrti O O n yo 40 O c O N C �f0 V Qj'V C TV co'sco Z O Y y a m rtot�� 7 L W N V 99 gp v mg=Y = c C 0 .sW 7 o c = o o o �Z(jL, Up�� .2 am. L-Sccoa •*�-� V,V p V C 's2�d p�Jm VC—,%..e.� Ili. I1�.0. fA 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 to �',,,qpprw, 0 flle aclA'on� A )IC Vt X K lolllisa,:t Hofll,�Iwo tl c, f q J,.,!W 11, J q," o� >�'� �3NO�`dA } ONgO V (' U) z 2' curb k gutter _ a Z rNOj om z a9 . 00'09 glJON :. > concre}e side. � Z = Ila g w z to m Q n J to 9 Lj ' U O� — W a�-9 Z� ZNY o s� z W N�3 N O 3 E o L W no. a. Qv m� L �} +� D O u . Y [ Z z o o c o c c 0 �« aaw o y C 3 c Y o orb o o c N= �v Cam e9 m o O i Q/� +J cc O ii 0 n °fin °o �i-� o J O � llJ n' o^ ° So a m r 9Ytirs .J lf� r 'D � v c ¢ ° 0 % o'� o„ S"'ai "� ooa. cm 30 a ° °° r Ad C� L c.3 o 44 yoy o u m aa Q L g o a E own�`c_ ` c ° o «� m o�a�mmc � D Zp N b9 c vi_$E y�9�,'«3mY er O oaamaoH`o— O 'N D O y C v m>°8uo Sm3=_I oo��E 7 i L ° o o O c �� Sao O O � o -.° i°¢oZ'gw � o� o$ zo o ZUi, anE°c °°c$' F -8t" o z N w em°ooS¢f ApYur$?m NQwW �o`V)u = � aENE E�� �I D L Y°CPT0 Uj J Oa) O O 0 09 4jnoS (° E L) 0 +-j Z o 0. U 3 3°y J ymN o uci- oc m O - O J O m W h �J !A m-0 p C J 0 Urn 3 Z IU pm E� ❑ m mQ N e0 tc H ycNvi N w E d 0 2 poi o m z N Q Q Tn E O ° 3 o zw O�4 'M m 104 M o N 4 4 p 0 m Z O z pia rc w"a`o_m m= � C L OO .O N W � d 90= 2 yN V1 3m a�Y N OL�N' ZWOO 00 =o o .JW= Q:� 4 O U py„ 0 L)., r F c = O O O Y c c� °c3y m �m1) c�oo- o�a�imll F-w2t-9 UJ T2M waa`in 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 "'�6w.emunhVarmuurm�hu�rimwwwmmrmlulfomuSm.imw lmm'nom'rm4�9�o�MMnw,*��wrtislilwwmw��f¢oviuWw,wvs�u��uGwmuo�mr�M+,w�4ww",roworwk��,e,nw,ra,na.,JafnYe;.mCirm4 mutiUNWO"udJoo�f(o afinrrrtrmw�4w;w,�.ww wnrw(yor��u(bnoJ�WtrnlG�m��m'r,iia,�r pro„ o-'....,+„^„ . „.rra �,,,..axr.vu � r �i :w,��+✓ i„�emk�u�fu�ua� uurme�n�,��tiUm�.}r„n��u�,min.rta�u,mN mr o 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 . U.. � 'mumfr�lrm�u�ooGyM�+rw ��wmrm��u4i�arm mo„�:�Wamm;Aoix o�wuv�ww i�m(dvRu���wxm'm�wmvri 7ad�,�y�umirAnc;��mw�kiwi�mdGwfuivdo�rm�i��;ua!��wuui �uod�(nwmUfm iii�y�Ma'iu�v��'a�!.�o-�9wi�W�duwyPFf�,m'�'1+^'�vii��frt�rvwv'u+�arfiniVmiv�i✓z��m m n�rmrau5i �.vwrv� .v� a u,�r�:. ,,,�; eoy�� � ,,x ��� � Feu mvwun��Mkn � WwMwu,ynm.N>fr'N Ary dbdavDx.okk0.rv;�FfkM1mwn frvam uu'�WdOa .�,„aa owtimw am�ae wwkwwuwma lmircmokww!.Jff M» ,'o1 �r 4ouIm m7iou�rF mmd�' 'm' mml m'm`r t d amiwm!h A;Ma �66k raw w f!aas�w d ""� m,o��ou4���M1"u(�wm' .�f. "`x? rml(yc mwm•*,v�mG�muV hn�mwv"�imm�6rf�rouu m6Na,�m,Xm r rnm'an�wr E�u�u«r"�� 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 1— 1 "`//'� — . . . . . ..... kft�' �wuf , Wks, �6' W W", �m� �' &" [ )'A �Yl&'fAm �'(M �"10'1��Oor5' QWdro AQVI, w, I � �. Wi hffiW 10 AiA "ib k k4i Oa 00g#' *&�' 'h&m, "jd�kdj 1 &Ai&6* 0, W, , " il ui*�, 1 � � "V ')"', j """, , , , , , — 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. Eno. Aeri �J 1� Y ..�w,a,,.; ,, m,�Nr,�r,.r ar6r.,a !��n :ei��mld��ar�uwfm"�s�a i�irt immB���afNru�o�uu udi��mwnmmJwmi�!Ioiw�o� u�waN.. 'erfir�6miwi ,vd fl —ga mv,��Ib mmJ 1f' �rf �Id�G"r'IUo�6�wNu4woaul axlour➢�mWwok�(�dfmm"dfuN. m�dMu�rtuiPd mNI(�dRk�ofi.�urw dii�kam��faysrnF ^�l,f��ra;Ym�t Roads parcels -3 901 1Z LiJ uw n 9 0 • w"(Wildilid ,fiA " ( 0 D n N A A V 1 A ! 9 im 1"HIM P my M"g 81, 1 If I is mi 11 a Bus! 11 L4 Vogl, plaphqM log " Z 11 TEW" -RAI ), -1 N 0 1 V N ' Ev LS" Ir U01 Ej MET! so "I rt kin CA p Mhwold—,, (11W i n N J A V 71 N 0 1 V Vq m wr a :3 AEU o Cc at, C4 -990 f0 T 9. LL �„�*xa �nu.��.�,m,,���,uk�i�nl�Oua�wr«,�a�mM�rrp�lJ2w�rt�6��r �ir��r��H�r�S�,�sN��w�aR��mu ��mrau�rwr�mu�'U 1�aa�ru���lf�m�l'"amoNammmi��u�O'�I °'`�aw�W�'�i�rt��o��W4�.w'�;uh�wu��mur�."' �,�diolmRwW?ui'�m�oi�lhW�iw�uo �ubm�m�¢�4�tided:'��9R�9idfm or�m��dmrom+�w��;,w��raNiaPrn�ra�r�a aid .., .�,;,� 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 y s ( 33 yr .✓{�,..--r. df [ �. LINE fM1R.F _ P A ,r r+ r t�:s�-�➢Y"lIYJtI'R'�L'�� SILK, a mn u.m� mn L«ep. s+.oq '.. '• r ✓ r 61 . < ' ca L ro�_ LOT 1 2 PARCEL LdT 3 ? LOT 4 LOT TEY���a�y J1i1 I I ! ,LeJY 1 0T '2 Q�. , �,r'` ✓ — 3 61 sif RUL PAR C E L ,r 6 - — G°9 I(}'I� IARCEL f ri�ti I >I y W— ��" •• y .• �? Ir ey^^ +wpRv CELl—fB r! All yJrsc- � o, v ....� FGf A MRI P A R C-'t r `NV A iPARCL r3 \ I _ S T R A I T S O F far FLOR —