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Item P3 P.3 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting April 17, 2019 Agenda Item Number: P.3 Agenda Item Summary #5366 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 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 applicants have provided the following easements: • Utility Board of the City of Key West, d/b/a Keys Energy Services • AT&T • Florida Keys Aqueduct Authority • KW Resort Utilities Corp. • Monroe County Fire Department • Monroe County Public Works Packet Pg. 2653 P.3 w �^ L'A 19 R L AYE nu � NOD Al r t , k 4 Q. f nt , County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. PREVIOUS RELEVANT BOCC ACTION: 1/23/19 (I4) BOCC continued to the 2/20/2019 BOCC meeting in Key West, FL 2/20/19 (JI) BOCC approval of Resolution No.071-2019 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: 2010-130 FILE Combined Resolution 071-2019 SIGNED Laurel Ave - survey 2010-130 Revised Survey Recvd 03.22.17 2010-130 Laurel Ave_Renouncing Resolution 2010-130_Laurel Ave—Staff Report Revised 3.19.19 FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Packet Pg. 2654 P.3 Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Emily Schemper Completed 03/26/2019 5:11 PM Steve Williams Completed 03/27/2019 7:42 AM Maureen Proffitt Completed 03/27/2019 8:07 AM Assistant County Administrator Christine Hurley Completed 04/01/2019 11:03 AM Budget and Finance Completed 04/01/2019 3:05 PM Maria Slavik Completed 04/01/2019 3:09 PM Kathy Peters Completed 04/01/2019 4:58 PM Board of County Commissioners Pending 04/17/2019 9:00 AM Packet Pg. 2655 P.3.b 1 Petitioner:Wrecker's Cay,File No.2010-130 2 3 4 RESOLUTION NO, 071 -2019 5 6 A RESOLUTION SETTING THE DATE, TIME, AND PLACE 7 FOR A PUBLIC HEARING CONCERNING THE PROPOSED 8 ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY 9 OF LAUREL AVENUE, AS SHOWN ON THE PLAT OF 10 MALONEY'S SUBDIVISION OF STOCK ISLAND, PLAT 11 BOOK 1, PAGE 55, BOUNDED ON THE NORTH BY ALL OF 12 BLOCK 23; BOUNDED ON THE WEST BY SECOND STREET; 13 BOUNDED ON THE SOUTH BY ALL OF BLOCK 32; AND 14 BOUNDED ON THE EAST BY ADJACENT BAY BOTTOM 15 AND A PARCEL OF LAND ADJACENT TO GOVERNMENT 16 LOT 2, SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25 17 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA. 18 19 20 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to 21 renounce and disclaim any right of the County and the public in and to the hereinafter streets, 22 alley-ways, roads or highways; and 23 24 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 25 after publishing due notice of said hearing in accordance with said Chapter; 26 27 NOW THREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public (n 29 hearing on April 17, 2019, at the Marathon Government Center, 2798 Overseas Highway, 30 Marathon, Florida, to determine whether or not the Board will renounce and disclaim any right cv 31 of the County and the public in and to the following described streets, alley-ways, roads, or 32 highways as delineated on the hereinafter described map or plat, to-wit: 33 34 A portion of the Laurel Avenue PUBLIC Right of Way PUBLIC Right of Way, bounded on the 0 35 north by all of block 23; bounded on the west by second street; bounded on the south by all of 36 block 32; and bounded on the east by adjacent bay bottom and a parcel of land adjacent to 37 government lot 2, section 35, township 67 south, range 25 east, Maloney's Subdivision of Stock 38 Island, according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public 39 Records of Monroe County, Florida and being more particularly described as follows: 40 41 Commencing at the: Northwest corner of Block 32, "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, 42 Section 36; Lot 3, Section 26; Lot 2, Section 34; Stock Island, Township 67 South, Range 25 43 East" recorded in Plat Book 1, at Page 55, of Monroe County Official Records, thence North 44 along the Northerly projection of the West line of Block 32 for a distance of 60.00 feet to the 45 Southwest corner of Block 23 of said plat, said point of beginning; thence East along the South 46 line of said Block 23 for a distance of 310.00 feet to a point on the platted shoreline and right of 47 way terminus as shown on said plat; thence along said shoreline in a Southeasterly direction for File#2010-130 Page 1 of 2 Packet Pg. 2656 P.3.b 1 a distance of 35.05 feet more or less to a point on the centerline of Laurel Avenue; thence West 2 along said centerline of Laurel Avenue for a distance of 335.00 feet back to the Northerly 3 projection of the west line of said Block 32; thence North along said Northerly projection for a 4 distance of 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 201h day of February 2019. 9 10 Mayor Sylvia J. Murphy Yes 11 Mayor Pro Tern Danny L. Kolhage Yes 12 Commissioner Michelle Coldiron Yes (n 13 Commissioner Heather Carruthers Yes 14 Commissioner David Rice Yes 15 16 17 BOARD OF COUNTY COMMISSIONERS .1� 18� ` _ OF MONROE COUNTY, FLORIDA 2�0 BY l ,(SEAL) i u°s. Mayor Sy 22 via J. Murphy 23 24 'ATTEST;KEVIN MADOK, CLERK 25 26 � ���ti /J 27 By 28 Deputy Clerk ini 29 30 MONROE+COLWTY ATTO7R*ay K'LlUN ATTORNEY Date 7a 1 7/► 3 r7: rTl_M0 Cn Co rn -, ILO Q v File#2010-130 Page 2 of 2 Packet Pg. 2657 jame-l-luewuopueqe MO U) LVZZT0 PA39U AGAmS PSSIAGU OCI-OI OZ AsAins-8AV jame-1 :jUqW43ejjv 00 W) to (L U uj D LLJ a w z w > 0 U) Lu 0 -.J < z 0 < 0 :3 CL 10 0 z 0 co U) U :D LL Li 0 , 0 I cz n LU Li 0 0 1- < cc c� u 0 0 0 n� ,0 U,1c, 0 LL < rj 0 0 Q ILL CL < 'CIL U) 0 —ij w I-- U) < I.g c'o'0,k w cc u� bra 00 U w LLJ u >7 Ln ILL I, o LU U- Z y > Lf) < z J) �6 < < I, cc u ICE :D Lmu < 0.�In u LU < Lin Ln .................................................................................... 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Z 10 ..to W 1 ... _ m .LS3M a u u a un a ° o"a s v to d m w a CL SECOND STREET a m mu v a a u Y m, 50'RIGHT OF WAY � I m o:s o z ut m a @� li LU o M m ay w"o o u n v ¢ wK Pmvl m'o+ �n 1 P.3.d 1 Petitioner:Wreckers Cay and Murray Marine,File No.2010-130 2 3 4 5 RESOLUTION NO, -2019 6 7 A RESOLUTION OF THE MONROE COUNTY BOARD OF 8 COUNTY COMMISSIONERS RENOUNCING AND U) 9 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC 10 IN AND TO THE RIGHT-OF-WAY OF LAUREL AVENUE, AS 11 SHOWN ON THE PLAT OF MALONEY'S SUBDIVISION OF 12 STOCK ISLAND, PLAT BOOK 1, PAGE 55, BOUNDED ON 13 THE NORTH BY ALL OF BLOCK 23; BOUNDED ON THE > 14 WEST BY SECOND STREET; BOUNDED ON THE SOUTH 15 BY ALL OF BLOCK 32; AND BOUNDED ON THE EAST BY 16 ADJACENT BAY BOTTOM AND A PARCEL OF LAND 17 ADJACENT TO GOVERNMENT LOT 2, SECTION 35, 18 TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, 19 MONROE COUNTY, FLORIDA. 0 20 21 WHEREAS, an application was filed by Wreckers Cay Apartments at Stock Island, LLC 22 and Murray Marine Sales and Service, Inc., to abandon the right of way of Laurel Avenue as 23 shown on the Plat of Maloney's Subdivision of Stock Island, according to the Plat thereof as 24 recorded in Plat Book 1, Page 55, of the public records of Monroe County, Florida, bounded on 25 the west by Second Street; bounded on the south by all of block 32; and bounded on the east by 26 adjacent bay bottom and a parcel of land adjacent to government lot 2 of the aforementioned 27 plat; and 28 29 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to 30 renounce and disclaim any right of the County and the public in and to the hereinafter right of 31 way; and 32 33 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing > 34 after publishing due notice of said hearing in accordance with said Chapter; and 35 36 WHEREAS, due notice has been published and a public hearing has been held in 37 accordance with Chapter 336, Florida Statutes; and 38 39 WHEREAS, at said public hearing, the Board considered the argument of all parties 40 present wishing to speak on the matter, and considered the renouncing and disclaiming of any 41 right of the County and the public in and to the hereinafter described right of way as delineated 42 on the hereafter described map or plan; and 43 44 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 45 COMMISSIONERS OF MONROE COUNTY,FLORIDA,THAT IT HEREBY: 46 File#2010-130 Page 1 of 3 Packet Pg. 2660 P.3.d 1 1. Renounces and disclaim any right of the County and public in and to the 2 following described right of way, streets, alley-ways, roads, or highways as delineated on the 3 hereinafter described map or plat, to-wit: 4 5 THE P UBLIC RIGHT OF WAY DESCRIBED AS: 6 7 A portion of the Laurel Avenue PUBLIC Right of Way, bounded on the north by all of block 23; A 8 bounded on the west by second street, bounded on the south by all of block 32; and bounded on 9 the east by adjacent bay bottom and a parcel of land adjacent to government lot 2, section 35, (s 10 township 67 south, range 25 east, Maloney's Subdivision of Stock Island, according to the map 11 or plat thereof, as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, 12 Florida and being more particularly described as follows: 13 14 LAND DESCRIPTION 15 16 North Portion: 17 Commencing at the: Northwest corner of Block 32, 'All Lots 1, 2, 3, 5, 6. Section 35; Lot 2, 0 18 Section 36; Lot 3. Section 26; Lot 2, Section 34; Stock Island, Township 67 South, Range 25 19 East" recorded in Plat Book 1, at Page 55, of Mvnroe County Official Records, thence North 20 along the Northerly projection of the West line of Block 32 for a distance of 60.00 feet to the 21 Southwest corner of Block 23 gf'said plat, said point of beginning; thence East along the South 22 line of said Block 23 for a distance of 310.00.feet to a point on the platted shoreline and right of 23 ivay terminus as shown on said plat: thence along said shoreline in a Southeasterly direction for 0 24 a distance gf'35.05 feet more or less to a point on the centerline of Laurel Avenue; thence West U) 25 along said centerline of Laurel Avenue for a distance of 335.00 feet back to the Northerly 26 projection of the west line of'said Block 32; thence North along said Northerly projection,for a 27 distance of 30.00 feet back to the Point of Beginting. Said lands containing 9.675 square feet 28 more or less. 29 30 :South.Portion: > 31 Begin at the Northu,,esr corner of Block 32, "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, ,Section 36, 32 Lot 3, Section 26; Lot 2. Section 34: Stock Island. Township 67 South, Range 25 East" recorded � 33 in Plat Book 1, at Page 55, gf Monroe County Official Records, thence North along the 34 Northerly projection of'the West line of Block 32 for a distance of 30.00 feet to a point on the 35 centerline of Laurel Avenue: thence Fast almig said centerline of Laurel Avenue.for a distance gf C„ 36 335.00,,feet to a point on the platted shoreline of said plat; thence along said shoreline in a 37 Southeasterly direction for a distance of 35.0.5 feet more or less to a point on the North line of 38 Block 32, said point also being 360.00 feet East of the Point of Beginning: thence West along 39 said North line gf Block 32 for a distance of 360.00 feet back to the Point of Beginning. Said 40 kinds containing 10,425 square feel, more or less. 41 File#2010-130 Page 2 of 3 Packet Pg. 2661 P.3.d 1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 2 at a regular meeting of the Board held on the 17`h day of April 2019. 3 4 Mayor Sylvia J. Murphy 5 Mayor Pro Tem Danny L. Kolhage 6 Commissioner Michelle Coldiron 7 Commissioner Heather Carruthers 8 Commissioner David Rice A 9 10 11 BOARD OF COUNTY COMMISSIONERS 12 OF MONROE COUNTY, FLORIDA 13 14 15 BY 16 (SEAL) Mayor Sylvia J. Murphy 17 18 ATTEST: KEVIN MADOK, CLERK 19 20 21 By 22 Deputy Clerk 23 24 R t A ASSISTANT =WEY bete a� i cv File#2010-130 Page 3 of 3 Packet Pg. 2662 P.3.e 0�F 3 MEMORANDUM 4 Monroe County Planning & Environmental Resources Department 5 We strive to be caring,professional and fair 6 � 7 To: Monroe County Board of County Commissioners 8 9 Through: Christine Hurley, Assistant County Administrator 10 11 From: Emily Schemper, Senior Director of Planning & Environmental Resources 12 13 Date: January 2, 2019 —.1lZevised March 19, 20 9 14 15 Subject: A public hearing to consider the approval of a resolution renouncing and 16 disclaiming any right of the County and the public in and to a portion of the right- 17 of-way of Laurel Avenue, in Maloney's Subdivision of Stock Island (PBI-55), 0 18 Monroe County, Florida (File #2010-130) 19 20 BOCC Meeting: February 20, 2019 (set public hearing) 21 .April 17, 2019(public hearing) 22 23 Revised information noted in red. 24 25 REQUEST: 26 27 Wrecker's Cay Apartments at Stock Island, LLC and Murray Marine Sales and Service, Inc., (the 28 Applicants) have requested an abandonment of a portion of Laurel Avenue in Maloney's � 29 Subdivision of Stock Island, according to the Plat thereof as recorded in Plat Book 1, Page 55, of 30 the Public Records of Monroe County, Florida, bounded on the north by all of block 23; bounded 31 on the west by second street; bounded on the south by all of block 32; and bounded on the east by 32 adjacent bay bottom and a parcel of land adjacent to government lot 2, section 35, township 67 33 south, range 25 east. 34 35 This request was originally proposed by the previous owners, Water's Edge Colony, Inc. in 36 November of 2010. A revised application and revised easements were submitted by the current 37 owner on December 28, 2018. 38 39 The Applicants have made the request as part of a proposal to redevelop the surrounding area as 40 affordable housing. The Applicants own the parcels to the north, south and east of the portion of 41 Laurel Avenue requested for abandonment. Currently, Laurel Avenue serves as an access road 42 which terminates at the east end of the parcel owned by Wrecker's Cay. 43 Laurel Avenue Abandonment Petition File 42010-130 Page 1 of 7 Packet Pg. 2663 P.3.e M!,n^"ltCl w•�rp�v�M, rx ill9 tip.b.- y LAWEEL AVE o It � r • , r, 4 -- -- C 2 Figure 1-Proposed Right of Way Abandonment location. 3 �a 4 REVIEW OF APPLICATION: 5 6 The requested Right of Way Abandonment is established within the Maloney's Subdivision of a, 7 Stock Island, PB 1-55. The plat was recorded on October 21, 1911. a; 8 M A TAD Q v C d T E F O N pL T 8.A C 8 ) 3' `5 'so r r8 r7 rb Is r¢ RE L T1 4 43 62 r0 1 Zia � 0 JE:.1--Ft V Rd f{V M d u � .f7a .�v a"► S• e � 4 6 7 .9 x as yl r2 �l r/��- zA iy ,y /7 A / la ,z .I 'rl � ,! J , Ji rs ,r4 Is +�) lz. i 7 Z ¢ 6 7 9 4 ro r z 3 .} F 7 3 ! rc L�� y MI Q 7 is ,s ,2 I 19 <Y"17 N d 14113 )2- 9 E 10 Figure 2-Excerpt of Maloney's Subdivision of Stock Island Plat 12 The proposed abandonment portion is described as follows: Q 13 A portion of the Laurel Avenue PUBLIC Right of Way PUBLIC Right of Way, bounded on the 14 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 Packet Pg. 2664 P.3.e I block 32; and bounded on the east by adjacent bay bottom and a parcel of land adjacent to 2 government lot 2, section 35, township 67 south, range 25 east, Maloney's Subdivision of Stock 3 Island, according to the map or plat thereof, as recorded in Plat Book 1, Page 55, of the Public 4 Records of Monroe County, Florida and being more particularly described as follows: 5 6 North Portion: A 7 Commencing at the:Northwest corner ofBlock 32, "All Lots 1, 2, 3, 5, 6, Section 35;Lot 2, Section -19 8 36;Lot 3, Section 26;Lot 2, Section 34;Stock Island, Township 67 South,Range 25 East"recorded 0 9 in Plat Book 1, at Page 55, of Monroe County Official Records, thence North along the Northerly (n 10 projection of the West line ofBlock 32 for a distance of 60.00 feet to the Southwest corner ofBlock 11 23 of said plat, said point of beginning; thence East along the South line of said Block 23 for a 12 distance of 310.00 feet to a point on the platted shoreline and right of way terminus as shown on 13 said plat; thence along said shoreline in a Southeasterly direction for a distance of 35.05 feet more 14 or less to a point on the centerline of Laurel Avenue; thence West along said centerline of Laurel 15 Avenue for a distance of 335.00 feet back to the Northerly projection of the west line of said Block 16 32; thence North along said Northerly projection for a distance of 30.00 feet back to the Point of E 17 Beginning, Said lands containing 9,675 square feet more or less. 0 18 ......_____.... [ E;+ ..ri r7 1 11ss fl�JpfG0 FOR ROAD A84 dDOVNMEN I � WC7;�Ga I:rr'"1i.'l tr r ai F tF n- ",{ uuvNIH N nazrll L 5l VICIN,' ., A PrP i ION OF AIlAFI AVFM F VALONFY SU`DT'JI ION B 1 O C PLAT BOOK t PAGE SF 0 P I R U d) C A f MDNC 4l:COUNTY,FL Lpw4T UIr9 DU'(P,)Id1 a+.,l[!Rt^11nua=t , hraP �• fd_ w, lull{®4ISti Ft Lt4 l "N m .�- L11 iEC1 SHORELINE t 1We C r<tP Iti6 I ,F, Nu (::I A Ilbq !,rk4V UU 'W E'T 3-3 v_400(C)1, ,:sll 1I RMIN.S 'y .. ACC'i rn I �d." ` bL1N,D CC:U2IiNI,LIrRa � , r i- )�7 UfIvI A l41 E RUd VrL ^ N� 1 nm 2 [ C 1111 if ,a,d 0. GU 7AS4C Jf (I(fV ..LI' rh8B1 7VJkIiyNIE�-UlJLCNY iV((NL FC 'fJFF _I kAII 11 19 9U',h LE'. of 20 Figure 3-Excerpt of boundary Survey (north portion) 21 22 South Portion: 23 Begin at the Northwest corner of Block 32, "All Lots 1, 2, 3, 5, 6, Section 35; Lot 2, Section 36; 24 Lot 3, Section 26; Lot 2, Section 34; Stock Island, Township 67 South, Range 25 East"recorded 25 in Plat Book 1, at Page 55, of Monroe County Official Records, thence North along the Northerly 26 projection of the West line of Block 32 for a distance of 30.00 feet to a point on the centerline of 27 Laurel Avenue; thence East along said centerline of Laurel Avenue for a distance of 335.00 feet 28 to a point on the platted shoreline of said plat; thence along said shoreline in a Southeasterly 29 direction for a distance of 35.05 feet more or less to a point on the North line of Block 32, said 30 point also being 360.00 feet East of the Point of Beginning; thence West along said North line of 31 Block 32 for a distance of 360.00 feet back to the Point of Beginning. Said lands containing 10,425 0 32 square feet, more or less. Laurel Avenue Abandonment Petition File 42010-130 Page 3 of 7 Packet Pg. 2665 P.3.e SPECIFIC PURPOSE SKE7CH R.e P C 0 408Q 0,)C00(1 K V 2 ,;, SR ROAD ADANDONM E T e`✓CORrqu, OWNER MURF4Y iM-� AFORr ioN or AURCL by b 4F r . iai nc:ls n,� ,;,t;rl lY ru"r MALONEYUF$DIVSSTON 1 E L 0 C K P 3 4:; e r frvia 1n t W4 „,,, P ONFI01 ;QUNA CJ K 5 S TY,FL, pN.L,30(P) , 4 � I rsK,4R rsS , RSr ass rca.nc iaciw r r,Gw,., `{ '�. Row Iki VINUS(P n � IIdFI r3 LPIUL A WON' ..un IITH ?IAVfNUE I 3(f)OF Vu t,v �y r , - NW CGRINF4V U„YA MlL I Wl f l IFe .n i f1LC}Ck 3L Ll rn uV F]bQ.(11J(P Yn ow, f1F45,[I lv W6Si s:. sarvlU c.R JJArrr.,IP]r�Cl4My mc: p - ,EIS C �{ �^ 3 rnfY R f �CarF �f 13 FrUr P N L Crow C K & 2 f � P L A 1 B 0 U IK V 1 , R A L E 2 Figure 4-Excerpt of boundary Survey (south portion) 3 4 The applicants, Wrecker's Cay apartments at Stock Island, LLC and Murray Marine Sales and 5 Service, Inc., own the parcels to the north, south and east which surround the portion of Laurel 6 Avenue requested for abandonment. The Applicants have submitted a road abandonment petition a 7 in order to redevelop the surrounding area as affordable housing. r- 8 9 This petition has been reviewed by County staff and written recommendations were received from 10 the following private utilities and County departments: 11 0 12 o Keys Energy Service, letter dated September 23, 2009, easements required 13 ■ Grant of easement from Murray Marine sales & Service, Inc. — NOT 14 SIGNED -legal decribes south portion of ROW. 15 0 1111evm"sed and signed easement recm"ved Februrary 15, 2019 16 ■ Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC. 17 SIGNED BY WRECKER'S CAY ONLY, DECEMBER 14, 2018. 18 0 No action required 19 o AT &T, letter dated September 17, 2009, easement required. 0 20 ■ Grant of easement from Murray Marine Sales & Service, Inc and Water's 21 Edge Colony, Inc., dated February 17, 2010. 22 ■ Updated easement(s)not submitted. 23 0 1111evm"sed and signed easement from Murray Marine received 24 February I , 201% 25 0 1111evm"sed and signed easement from Wreckers Cony received 26 February 25, 201% CIO 27 o Comcast, letter dated September 9, 2009. E 28 No objections. 29 o Florida Keys Aqueduct Authority, letter dated September 28, 2009. 30 ■ Grant of easement from Murray Marine sales & Service, Inc. — NOT N 31 SIGNED - exhibit A legal, appears to describe north and south portions. 32 0 1111evm"sed and signed easement from Murray Marine received E 33 February I , 201% 34 ■ Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC. 35 SIGNED BY WRECKER'S DECEMBER 14, FKAA DECEMBER 27, 36 2018. Legal describes south portion. 37 0 No action required, Laurel Avenue Abandonment Petition File 42010-130 Page 4 of 7 Packet Pg. 2666 P.3.e I o KW Resort Utilities Corp., letter dated February 23, 2010, easements required. 2 Grant of easement from Wrecker's Cay Apartments at Stock Island, LLC. 3 SIGNED BY WRECKER'S DECEMBER 14, KW Resort Utilities Corp. 4 DECEMBER 26, 2018. 5 0 No action required. 6 No easement submitted from Murray Marine to KWRU. A 7 0 Easement from Murray Marine received February 15, 201% 8 o Monroe County Fire Marshal, letters February 11, 2011 and April 11, 2016 2 9 ■ Fire department access and water supply were noted as a concern. a� 10 ■ On April 11, 2016, an updated letter was received from the Fire Marshal 11 additionally requiring an easement. 12 ■ NO EASEMENT(S) SUBMITTED. 13 0 Easement from Murray Marine received March 18, 201% 14 0 Easement from Wreckers Cony received March 18, 2019 15 o Monroe County Sheriffs Office, dated October 25, 2010. 16 No objection with the condition that no fence or gate of any kind shall ever E 17 be constructed. c 18 o Monroe County Engineering Department dated December 13, 2010. 19 Restricted access to land which extends beyond Laurel Avenue to the 20 water and the ownership of said land was stated as a concern. Per a letter 21 dated June 6, 2014 from the Florida Department of Environmental 22 Protection (DEP), it was determined they do not own the land east of 23 Laurel Avenue. In addition, a letter dated December 9, 2014 from Stones 24 & Cardenas determined Monroe County or the State do not own the land 25 east of Laurel Avenue and therefore does not restrict access. Wrecker's 26 Cay Apartments at Stock Island, LLC holds the quit claim deed for said 27 land. 28 On May 26, 2016, an email from the Engineering Department indicated a 0� 29 drainage structure on Laurel Avenue and would and require an easement. 30 NO EASEMENT(S) SUBMITTED 31 0 Easement from Murray Marine received February 15, 201% 32 0 Easement from Wreckers Cony received March 18, 2019 ni 33 34 Monroe County Code Section 19-1 - Abandonment of rights-of-way states: 35 36 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: i 37 (1) the right-of-way terminates on a body of open water; or 38 • The platted right-of-way does not terminate on a body of open 39 water. N 40 (2) the right-of-way provides access to the public to land on open water; or 41 • The platted right-of-way does not provide access to the public to E 42 land on open water. 43 (3) the abandonment would preclude a way for the public to maintain access to the 44 water. 45 • The abandonment would not preclude a way for the public to 46 maintain access to water. Per a letter dated June 6, 2014 from the Laurel Avenue Abandonment Petition File 42010-130 Page 5 of 7 Packet Pg. 2667 P.3.e I Florida Department of Environmental Protection (DEP), it was 2 determined they do not own the land east of Laurel Avenue. In addition, 3 a letter dated December 9, 2014 from Stones & Cardenas determined 4 Monroe County or the State do not own the land east of Laurel Avenue 5 and therefore does not restrict access. Wrecker's Cay Apartments at 6 Stock Island, LLC holds the quit claim deed for said land. A 7 8 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is 0 9 an agreement to do so by all affected property owners. For purposes of this subsection, 10 an affected property owner is the owner of property which, if the right-of-way is 11 abandoned, will: 12 (1) Have access that is currently used by that property owner eliminated; 13 • The requested abandonment is for a portion of right-of-way that � 14 bisects the Applicants' properties. This portion of the street 15 terminates at and only gives access to the Applicants' properties. 16 (2) Have the only platted access eliminated; E 17 • The requested abandonment is for a portion of the right-of-way of 0 18 Laurel Avenue that is not used for access by other properties. 19 (3) Have the paved area adjacent to that property increased for turn-around 20 purposes; or 21 • There is not a requirement for a T-turnaround given the location W 22 of the right of way abandonment C) 23 (4) Be increased in size. 24 • Only the properties of the Applicants will increase in size; there is 25 no objection to this increase. 26 27 (d) All right of way abandonments shall comply with the County Code and Standard a� 28 Engineering requirements for road, turn-around and fire-rescue access. If required 0 29 for safety purposes, as determined by either Fire Marshal or County Engineer, a 30 dedicated turn-around area shall be shown on the submitted survey and shall be 31 agreed to in writing and constructed with payment by the property owner(s) 32 requesting abandonment. ni 33 • A letter from the Fire Marshal dated February 11, 2011 34 expressed concerns of Fire department access and water supply. 35 On April 11, 2016, an updated letter was received from the Fire 36 Marshal additionally requiring an easement. 37 o Easements received as noted previously. 38 39 • A letter from Engineering Services, dated December 13, 2010 40 states: 41 1. The survey indicates that the area adjacent to just east 42 of the right of way proposed to be abandoned is submerged 43 property; however, the aerials of the area show that it is not. 44 It is not clear who owns this portion of property (it is not 45 shown on the plat 1-55) but abandoning the right of way 46 leading to it will eliminate access to it. Laurel Avenue Abandonment Petition File 42010-130 Page 6 of 7 Packet Pg. 2668 P.3.e 1 2. The northern boundary of the right of way proposed 2 to be abandoned is adjacent to and including water and water 3 access. County Codes prohibit abandoning a right of way that 4 terminates at the water; does this portion of the code apply to 5 right of way that is adjacent to the water? 6 Per a letter dated June 6, 2014 from the Florida Department of U) 7 Environmental Protection (DEP), it was determined they do not 8 own the land east of Laurel Avenue. In addition, a letter dated 2 9 December 9, 2014 from Stones & Cardenas determined Monroe a� 10 County or the State do not own the land east of Laurel Avenue 11 and therefore does not restrict access. Wrecker's Cay 12 Apartments at Stock Island, LLC holds the quit claim deed for 13 said land. 14 • On May 26, 2016, an email from the Engineering Department 15 indicated a drainage structure on Laurel Avenue and would and 16 require an easement. r- 17 o Easements received as noted previously. 0 18 • Engineering has not requested a turnaround. 19 20 (e) A right of way may be abandoned only at the terminal portion of the road and in its 0 21 full width unless one of the following applies; 22 1. An adjacent lot owner has on the platted right-of-way or within a setback a 23 substantial structure which predates the Special Session Law 59-1578 pertaining 24 to maps, plats, and right-of-way. The term "substantial structure" specifically 25 does not include wood or metal fences, sheds or tiki huts or other items not listed 26 which are accessory structures; or 27 2. The abandonment is requested by a County department or governmental agency 0 28 for a public use; for purposes of this subsection public use is a public facility 29 and/or public/private utility; or 30 3. The right of way area is unusual in size or shape and after abandonment the (n 31 remaining right of way width will be the same on both sides of the abandonment 32 as shown in Example 1. 33 34 • The requested abandonment is for the terminal portion of Laurel Avenue. i 35 36 The requested abandonment of a portion of the right-of-way of Laurel Avenue, in Maloney's 37 Subdivision of Stock Island (PB1-55), meets the criteria cited above and is suitable for 38 abandonment,provided the Applicants submit all necessary,signed easements prior to agenda item 39 submission for the February hearing. 40 41 RECOMMENDATION: 42 Staff recommends approval of the requested abandonment,CONTINGENT ON the Applicants submitting 43 all necessary, signed easements. 44 Staff reconin'nem:ls approval of the requested aba:mlomi'lent. Laurel Avenue Abandonment Petition File 42010-130 Page 7 of 7 Packet Pg. 2669 u 1 wl 60 O - CL —Z IA O li •® a: O 70 � y O � N O ac , k OL1 T 1 a . 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COUNTY OF MONROE April 17, 2019 Before the undersigned authority personally appeared NOTICE IS HEREBY GIVEN that on Wednesday, April 17, �� 2019,the Monroe County Board of County Commissioners will rn I ,who on oath says that he or she is hold a Public Meeting at the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe County, to ( 1 1 e.J r ' pI V;1 of the Key West Citizen, a daily review and receive public comment for the following items: newspaper publish d in Key st, in Monroe County, Florida;that the attached PUBLIC HEARINGS:3:00 PM(or as soon thereafter as may be heard): copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RENOUNCING AND Sunday, March 31,2019 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC IN AND TO THAT PORTION OF THE RIGHT-OF-WAY OF LAUREL AVENUE,AS SHOWN ON THE PLAT OF MALONEY'S Affiant further says that the Key West Citizen is a newspaper published in Key SUBDIVISION OF STOCK ISLAND, PLAT BOOK 1, PAGE 55, BOUNDED ON THE NORTH BY ALL OF BLOCK 23:BOUNDED West, in said Monroe County, Florida and that the said newspapers has hereto- ON THE WEST BY SECOND STREET; BOUNDED ON THE fore been continuously published in said Monroe County, Florida every day,and SOUTH BY ALL OF BLOCK 32; AND BOUNDED ON THE has been entered as periodicals matter at the post office in Key West, in said EAST BY ADJACENT BAY BOTTOM AND A PARCEL OF LAND Monroe County, Florida,for a period of 1 year next preceding the first publication ADJACENT TO GOVERNMENT LOT 2,SECTIONS 35,36,AND of the attached copy of advertisement; and affiant further says that he or she has 26,TOWNSHIP 67 SOUTH,RANGE 25 EAST,STOCK ISLAND, neither paid nor promised any person, firm or corporation any discount, rebate, MONROE COUNTY,FLORIDA.(File#2010-130). commission or refund for the purpose of securing this advertisement for publica- tion in the said newspaper. AN ORDINANCE BY.THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE SECTION 130-93, SUBURBAN (Signpll Affiant) COMMERCIAL DISTRICT (SC), TO ALLOW PARKS TO BE PERMITTED AS OF RIGHT IN THE SC LAND USE (ZONING) A, / �/�1(+�� DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING Affi • / ir.efore me this�fst day of Jy�rch 2019 FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING � . �/� �1 // / FOR TRANSMITTAL TO THE STATE LAND PLANNING 41, � /�74. ,,,9� AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR ( Qe'T •l.lic S= atur- INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.(File 2018-208) I �" / /r� Copies of the above are available at the Monroe County (Notary Pu' is Printed Name) (Notary Seal) Planning Department offices in Marathon and Key Largo during Mycommission expires lG'�? normal business hours and online at: www.monroecounty-fl. .otw . /A, ' Pursuant to Section 286.0105 Florida Statutes, if a person Personally Known X Produced Identification . decides to appeal any decision of the Board of County V Commissioners, with respect to any matter considered at Type of Identification Produced ''',0�� �~ the meeting or hearing, he or she will need a record of the proceedings, and that,for such purpose, he or she may need to insure a verbatim record of the proceedings is made,which record includes the testimony & evidence upon which the appeal is to be based. ADA ASSISTANCE:If you are a person with a disability whc needs special accommodations in order to participate in this proceeding,please contact the County Administrator's Office, by phoning (305) 292-4441, between the hours of 8:30 a.m. - 5:00 p.m., no later than five (5) calendar days prior to the scheduled meeting;if you are hearing or voice impaired,call"711." March 30.2019 Kev West Uit¢er