Item J2J.2
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy, District 5
The Florida. Keys Mayor Pro Tern Danny Kolhage, District 1
�pw° Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 5
County Commission Meeting
February 20, 2019
Agenda Item Number: J.2
Agenda Item Summary #5083
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
n/a
AGENDA ITEM WORDING: Approval of a resolution setting the date, time and place for a
public hearing to consider a request by Wrecker's Cay apartments at Stock Island, LLC and Murray
Marine Sales and Service, Inc., for a resolution renouncing and disclaiming any right of the County
and the public in and to the right-of-way of a portion of Laurel Avenue in Maloney's Subdivision of
Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of the Public Records
of Monroe County, Florida, bounded on the north by all of block 23; bounded on the west by second
street; bounded on the south by all of block 32; and bounded on the east by adjacent bay bottom and
a parcel of land adjacent to government lot 2, section 35, township 67 south, range 25 east, Stock
Island, Monroe County.
ITEM BACKGROUND:
The Applicants, Wrecker's Cay apartments at Stock Island, LLC and Murray Marine Sales and
Service, Inc., (the Applicants) have requested an abandonment of a portion of Laurel Avenue in
Maloney's Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1,
Page 55, of the Public Records of Monroe County, Florida, bounded on the north by all of block 23;
bounded on the west by second street; bounded on the south by all of block 32; and bounded on the
east by adjacent bay bottom and a parcel of land adjacent to government lot 2, section 35, township
67 south, range 25 east.
The Petitioners have made the request as part of a proposal to redevelop the surrounding area as
affordable housing. The Applicants own the parcels to the north, south and east of Laurel Avenue
and being requested for abandonment. Currently, Laurel Avenue serves as an access road which
terminates at the east end of the parcel owned by Wrecker's Cay.
The applicant (Wrecker's Cay) has provided a written agreement to grant an easement to the Utility
Board of the City of Key West, d/b/a Keys Energy Services and to the Florida Keys Aqueduct
Authority, and KW Resort Utilities Corp. for public utility purposes, in, under, over and across the
herein requested ROW abandonment land in the installation, maintenance and repair of the utilities
in place or to be placed on said portion of Laurel Avenue. Staff is working with the Applicant
regarding several additional easements that may be required. All signed easements must be
Packet Pg. 1372
J.2
submitted prior to preparation of the February public hearing agenda item.
,,.c:"w""M ,..MMMAP
County staff has found that the proposed abandonment meets
Section 19-1, pending submission of all required easements.
the criteria of Monroe County Code
PREVIOUS RELEVANT BOCC ACTION:
1/23/19 (I4) BOCC continued to the 2/20/2019 BOCC meeting in Key West, FL
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Adoption of a resolution setting a public hearing for February
20, 2019, at Harvey Government Center, Key West.
DOCUMENTATION:
Staff Report
Resolution
2010-130 FILE Combined
Laurel Ave ROW abandonment request - Revised Survey Recvd 03.22.17
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Packet Pg. 1373
J.2
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
h]XLTA1of11-."V
If yes, amount:
Emily Schemper
Completed
Steve Williams
Completed
Maureen Proffitt
Completed
Assistant County Administrator Christine
Hurley
O1/08/2019 1:23 PM
Kathy Peters
Completed
Board of County Commissioners
Completed
O1/08/2019 1:22 PM
O1/08/2019 1:30 PM
O1/08/2019 1:43 PM
Skipped
O1/08/2019 1:44 PM
O1/23/2019 9:00 AM
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MEMORANDUM
Monroe County Planning & Environmental Resources Department
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, Assistant County Administrator
From: Emily Schemper, Senior Director of Planning & Environmental Resources
Date: January 2, 2019
Subject: A public hearing to consider the approval of a resolution renouncing and
disclaiming any right of the County and the public in and to a portion of the right-
of-way of Laurel Avenue, in Maloney's Subdivision of Stock Island (PBI -55),
Monroe County, Florida (File #2010-130)
BOCC Meeting: January 23, 2019 (set public hearing)
February 20, 2019 (public hearing)
REQUEST:
Wrecker's Cay Apartments at Stock Island, LLC and Murray Marine Sales and Service, Inc., (the
Applicants) have requested an abandonment of a portion of Laurel Avenue in Maloney's
Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of
the Public Records of Monroe County, Florida, bounded on the north by all of block 23; bounded
on the west by second street; bounded on the south by all of block 32; and bounded on the east by
adjacent bay bottom and a parcel of land adjacent to government lot 2, section 35, township 67
south, range 25 east.
This request was originally proposed by the previous owners, Water's Edge Colony, Inc. in
November of 2010. A revised application and revised easements were submitted by the current
owner on December 28, 2018.
The Applicants have made the request as part of a proposal to redevelop the surrounding area as
affordable housing. The Applicants own the parcels to the north, south and east of the portion of
Laurel Avenue requested for abandonment. Currently, Laurel Avenue serves as an access road
which terminates at the east end of the parcel owned by Wrecker's Cay.
J.2.a
Laurel Avenue Abandonment Petition File 42010-130
Page 1 of 7
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Figure 1-Proposed Right of Way Abandonment location.
REVIEW OF APPLICATION:
The requested Right of Way Abandonment is established within the Maloney's Subdivision of
Stock Island, PB 1-55. The plat was recorded on October 21, 1911.
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The proposed abandonment portion is described as follows:
A portion of the Laurel Avenue PUBLIC Right of Way PUBLIC Right of Way, bounded on the
north by all of block 23; bounded on the west by second street; bounded on the south by all of
Laurel Avenue Abandonment Petition File 42010-130
Page 2 of 7
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block 32; and bounded on the east by adjacent bay bottom and a parcel of land adjacent to
government lot 2, section 35, township 67 south, range 25 east, Maloney's Subdivision of Stock
Island, according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida and being more particularly described as follows:
Commencing at the: Northwest corner of Block 32, "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section
36; Lot 3, Section 26; Lot 2, Section 34; Stocklsland, Township 67 South, Range 25 East" recorded
in Plat Book 1, at Page 55, of Monroe County Official Records, thence North along the Northerly
projection of the West line of Block 32 for a distance of 60. 00feet to the Southwest corner of Block
23 of said plat, said point of beginning; thence East along the South line of said Block 23 for a
distance of 310.00 feet to a point on the platted shoreline and right of way terminus as shown on
said plat; thence along said shoreline in a Southeasterly direction for a distance of 35.05 feet more
or less to a point on the centerline of Laurel Avenue; thence West along said centerline of Laurel
Avenue for a distance of 335.00 feet back to the Northerly projection of the west line of said Block
32; thence North along said Northerly projection for a distance of 30.00 feet back to the Point of
Beginning, Said lands containing 9,675 square feet more or less.
SPECIFIC PURPOSE SKETC1..1
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Figure 4-Excerpt of boundary Survey (south portion)
The applicants, Wrecker's Cay apartments at Stock Island, LLC and Murray Marine Sales and
Service, Inc., own the parcels to the north, south and east which surround the portion of Laurel
Avenue requested for abandonment. The Applicants have submitted a road abandonment petition
in order to redevelop the surrounding area as affordable housing.
Laurel Avenue Abandonment Petition File 42010-130
Page 3 of 7
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This petition has been reviewed by County staff and written recommendations were received from
the following private utilities and County departments:
o Keys Energy Service, letter dated September 23, 2009, easements required
■ Grant of easement from Murray Marine sales & Service, Inc. — NOT
SIGNED - legal decribes south portion of ROW.
■ Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC.
SIGNED BY WRECKER'S CAY ONLY, DECEMBER 14, 2018.
o AT &T, letter dated September 17, 2009, easement required.
■ Grant of easement from Murray Marine Sales & Service, Inc and Water's
Edge Colony, Inc., dated February 17, 2010.
■ Updated easement(s) not submitted.
o Comcast, letter dated September 9, 2009.
■ No objections.
o Florida Keys Aqueduct Authority, letter dated September 28, 2009.
■ Grant of easement from Murray Marine sales & Service, Inc. — NOT
SIGNED - exhibit A legal, appears to describe north and south portions.
■ Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC.
SIGNED BY WRECKER'S DECEMBER 14, FKAA DECEMBER 27,
2018. Legal describes south portion.
o KW Resort Utilities Corp., letter dated February 23, 2010, easements required.
■ Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC.
SIGNED BY WRECKER'S DECEMBER 14, KW Resort Utilities Corp.
DECEMBER 26, 2018.
■ No easement submitted from Murray Marine to KWRU.
o Monroe County Fire Marshal, letters February 11, 2011 and April 11, 2016
■ Fire department access and water supply were noted as a concern.
■ On April 11, 2016, an updated letter was received from the Fire Marshal
additionally requiring an easement.
■ NO EASEMENT(S) SUBMITTED.
o Monroe County Sheriff's Office, dated October 25, 2010.
■ No objection with the condition that no fence or gate of any kind shall ever
be constructed.
o Monroe County Engineering Department dated December 13, 2010.
■ Restricted access to land which extends beyond Laurel Avenue to the
water and the ownership of said land was stated as a concern. Per a letter
dated June 6, 2014 from the Florida Department of Environmental
Protection (DEP), it was determined they do not own the land east of
Laurel Avenue. In addition, a letter dated December 9, 2014 from Stones
& Cardenas determined Monroe County or the State do not own the land
east of Laurel Avenue and therefore does not restrict access. Wrecker's
Cay Apartments at Stock Island, LLC holds the quit claim deed for said
land.
Laurel Avenue Abandonment Petition File 42010-130
Page 4 of 7
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■ On May 26, 2016, an email from the Engineering Department indicated a
drainage structure on Laurel Avenue and would and require an easement.
NO EASEMENT(S) SUBMITTED
Monroe County Code Section 19-1 - Abandonment of rights -of -way states:
(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) the right-of-way terminates on a body of open water; or
• The platted right-of-way does not terminate on a body of open
water.
(2) the right-of-way provides access to the public to land on open water; or
• The platted right-of-way does not provide access to the public to
land on open water.
(3) the abandonment would preclude a way for the public to maintain access to the
water.
• The abandonment would not preclude a way for the public to
maintain access to water. Per a letter dated June 6, 2014 from the
Florida Department of Environmental Protection (DEP), it was
determined they do not own the land east of Laurel Avenue. In addition,
a letter dated December 9, 2014 from Stones & Cardenas determined
Monroe County or the State do not own the land east of Laurel Avenue
and therefore does not restrict access. Wrecker's Cay Apartments at
Stock Island, LLC holds the quit claim deed for said land.
(b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is
an agreement to do so by all affected property owners. For purposes of this subsection,
an affected property owner is the owner of property which, if the right-of-way is
abandoned, will:
(1) Have access that is currently used by that property owner eliminated;
• The requested abandonment is for a portion of right-of-way that
bisects the Applicants' properties. This portion of the street
terminates at and only gives access to the Applicants' properties.
(2) Have the only platted access eliminated;
• The requested abandonment is for a portion of the right-of-way of
Laurel Avenue that is not used for access by other properties.
(3) Have the paved area adjacent to that property increased for turn -around
purposes; or
• There is not a requirement for a T-turnaround given the location
of the right of way abandonment
(4) Be increased in size.
• Only the properties of the Applicants will increase in size; there is
no objection to this increase.
(d) All right of way abandonments shall comply with the County Code and Standard
Engineering requirements for road, turn -around and fire -rescue access. If required
for safety purposes, as determined by either Fire Marshal or County Engineer, a
Laurel Avenue Abandonment Petition File 42010-130
Page 5 of 7
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I dedicated turn -around area shall be shown on the submitted survey and shall be
2 agreed to in writing and constructed with payment by the property owner(s)
3 requesting abandonment.
4 • A letter from the Fire Marshal dated February 11, 2011
5 expressed concerns of Fire department access and water supply.
6 On April 11, 2016, an updated letter was received from the Fire
7 Marshal additionally requiring an easement.
8
9 • A letter from Engineering Services, dated December 13, 2010
10 states:
11 1. The survey indicates that the area adjacent to just east
12 of the right of way proposed to be abandoned is submerged
13 property; however, the aerials of the area show that it is not.
14 It is not clear who owns this portion of property (it is not
15 shown on the plat 1-55) but abandoning the right of way
16 leading to it will eliminate access to it.
17 2. The northern boundary of the right of way proposed
18 to be abandoned is adjacent to and including water and water
19 access. County Codes prohibit abandoning a right of way that
20 terminates at the water; does this portion of the code apply to
21 right of way that is adjacent to the water?
22 Per a letter dated June 6, 2014 from the Florida Department of
23 Environmental Protection (DEP), it was determined they do not
24 own the land east of Laurel Avenue. In addition, a letter dated
25 December 9, 2014 from Stones & Cardenas determined Monroe
26 County or the State do not own the land east of Laurel Avenue
27 and therefore does not restrict access. Wrecker's Cay
28 Apartments at Stock Island, LLC holds the quit claim deed for
29 said land.
30 • On May 26, 2016, an email from the Engineering Department
31 indicated a drainage structure on Laurel Avenue and would and
32 require an easement.
33 • Engineering has not requested a turnaround.
34
35 (e) A right of way may be abandoned only at the terminal portion of the road and in its
36 full width unless one of the following applies;
37 1. An adjacent lot owner has on the platted right-of-way or within a setback a
38 substantial structure which predates the Special Session Law 59-1578 pertaining
39 to maps, plats, and right-of-way. The term "substantial structure" specifically
40 does not include wood or metal fences, sheds or tiki huts or other items not listed
41 which are accessory structures; or
42 2. The abandonment is requested by a County department or governmental agency
43 for a public use; for purposes of this subsection public use is a public facility
44 and/or public/private utility; or
Laurel Avenue Abandonment Petition File 42010-130 Page 6 of 7
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1 3. The right of way area is unusual in size or shape and after abandonment the
2 remaining right of way width will be the same on both sides of the abandonment
3 as shown in Example 1.
4
5 • The requested abandonment is for the terminal portion of Laurel Avenue.
6
7 The requested abandonment of a portion of the right-of-way of Laurel Avenue, in Maloney's
8 Subdivision of Stock Island (PB1-55), meets the criteria cited above and is suitable for
9 abandonment, provided the Applicants submit all necessary, signed easements prior to agenda item
10 submission for the February hearing.
11
12 RECOMMENDATION:
13 Staff recommends approval of the requested abandonment, CONTINGENT ON the Applicants submitting
14 all necessary, signed easements.
E
Laurel Avenue Abandonment Petition File 42010-130 Page 7 of 7
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PcfitjoncrWrecker's Cay, Filc No, 2010-130
A RESOLUTION SETTING THE DATE, TIME, AND PLACE
FOR A PUBLIC HEARING CONCERNING THE PROPOSED
ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY
OF LAUREL AVENUE, AS SHOWN ON THE PLAT OF
MALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT
BOOK L, PAGE 55, BOUNDED ON THE NORTH BY ALL OF
BLOCK 2' ); BOUNDED ON THE WEST BY SECOND STREET;
BOUNDED ON THE SOUTH BY ALI., OF BLOCK 32; AND
BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM
AND A PARCEL, OF LAND ADJACENT TO GOVERNMENT
LOT 2, SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25
EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA.
WHE REAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter streets,
alley -ways, roads or highways; and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
after publishing due notice of said hearing in accordance with said Chapter;
NOW THREFOICE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public
hearing on February 20, 2019, at the Marathon Government Center, 2798 Overseas
Highway, Marathon, Florida, to determine whether or not the Board will renounce and
disclaim any right of the County and the public in and to the following described streets, alley-
ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit:
A portion cif the Laurel Avenue PUBLIC Right of Way PUBLIC:' Right of Wq), bounded on the
north by all of block 23; bounded on the west by second street,- bounded on the south by all qf
block h; and bounded on the east by adjacent bay bottoni and a parcel of'land ac�jacent to
governnient lot 2, section, 35, township 67 south, range 25 east, Maloneys SubdNision qfStock
.1sland, according to the nial) or plat lhereqf as recorded in Plat Book 1, Page 55, of the Public
Records qf.Allonroe County, Florida and being more particularly described as, )llows:
Conunencing at the,.- Northwest corner of Block 32, "All Lots 1, 2, 3, 5, 6, Section 35,- Lot, 2,
Section 36; Lot 3, Section 26; Lot 2, Section 34; Slock Island, Townshil) 67,5outh, Range 25
East" recorded in Plat Book 1, at Page 55, qfMonroe County Official Records, thence North
along the Northerly projection qfthe West line of Block 32 ,fbr a distance qf60. 00,fiet to the
Southwest corner qf'Block 23 q1'said plat, said point of beginning; thence E ast along the South
line of'said Block 23 for a distance of'310. 00fietto a point on the platted shoreline and right cif
ivay terminus as shown on said plat; thence along said shoreline in a Southeasterly direction fbr
E-11
File # 2010-130 Page I of 2
I Packet Pg. 1382 1
I a distance of 35.05 jeel more or less to a point on the centerline of Laurel A i)enue; thence West
2 along said centerline ql'Laurel Avenue for a distance of 335.00,fiet hack to the Northerly
3 prqjection of the west line q1'said Block 32, thence North alongsaid Northerly prqjeclionfi)r a
4 distance qf'30. 00,feet back to the Point of Beginning, Said lands containing 9,675 square feet
5 more or less.
6
7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
8 at a regular meeting of the Board held on the 23"" day of January 2019.
9
10 Mayor Sylvia J. Murphy
I I Mayor Pro `rem Danny L. Kolhage
12 Commissioner Michelle Coldiron
Commissioner I -leather Carruthers
14 Commissioner David Rice
(SEAL)
A'l"l"'ES': KEVIN MADOK, CLERK
M8
Deputy Clerk
BOARD OF COUNTY COMMISSION EMS
OF MONROE COUNTY, FLORIDA
BY
Mayor Sylvia J. Murphy
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File # 2010-130
Page 2 of 2
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