Item I5 1.5
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
May 22, 2019
Agenda Item Number: I.5
Agenda Item Summary #5522
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
n/a
AGENDA ITEM WORDING: Approval of a resolution setting a public hearing for June 19, 2019,
at Murray E. Nelson Government Center, Key Largo to consider a request by property owners of a
lot on Garden State Lane, Key Largo, 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 Garden State Lane, as shown on the
plat of Cross Key Waterway Estates Section Three, Plat Book 6, Page 61, bounded on the north and
west by block 8 lots 17 and 18; bounded on the east by block 8 lots 15 and 16; and bounded on the
south by Garden State Lane; section 14, township 61 south, range 39 east, Key Largo, Monroe
County.
ITEM BACKGROUND:
The Applicants have requested an abandonment of a portion of Garden State Lane, in Cross Key
Waterway Estates Section Three, Key Largo according to the Plat thereof as recorded in Plat Book 6,
Page 61, of the Public Records of Monroe County, Florida, bounded on the north and west by block
8 lots 17 and 18; bounded on the east by block 8 lots 15 and 16; and bounded on the south by Garden
State Lane; section 14, township 61 south, range 39 east.
The Applicants have made the request in an effort to mitigate trespassing and illegal dumping onto
private property. The Applicants own lots which bound the portion requested to be abandoned on the
north and west. The adjacent lots 15 and 16 to the east, have been aggregated and are owned by the
Suarez Black Family Trust. Currently, the portion of Garden State Lane requested to be abandoned
serves as an access road to the adjacent property owner which terminates at the north end of the
parcel owned by the Applicants.
The Applicants have provided a written agreement to grant an easement to the Florida Keys
Aqueduct Authority 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 Garden State Lane. Additionally, the Applicants have provided deed restrictions
providing access for emergency services and for the abandoned area to remain undeveloped and
clear and maintained to meet requirements set for in Florida Fire Prevention Code NFPA 1 Chapter
18.
Packet Pg. 1600
1.5
r,O�Elt�W,- --
1 '�
21 2 0 191 1 r.
^` 1, w�!
14
GARDEN STATE LN
«':h
00 r
,
9
mY
J t1
County staff has found that the proposed abandonment meets the criteria of Monroe County Code
Section 19-1, pending submission of all required easements.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Adoption of a resolution setting a public hearing for June 19,
2019, at Murray E. Nelson Government Center, Key Largo
DOCUMENTATION:
Staff Report
Resolution to set hearing
2018-132 FILE Redacted
Suarez Black Deed Restriction
Deed Restriction_Redacted
FKAA Easement survey_Redacted
FINANCIAL IMPACT:
Effective Date:
Packet Pg. 1601
1.5
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Emily Schemper Completed 05/02/2019 3:56 PM
Steve Williams Completed 05/02/2019 4:41 PM
Maureen Proffitt Completed 05/02/2019 4:56 PM
Assistant County Administrator Christine Hurley Completed
05/03/2019 10:35 AM
Budget and Finance Completed 05/03/2019 12:32 PM
Maria Slavik Completed 05/03/2019 1:17 PM
Kathy Peters Completed 05/06/2019 10:45 AM
Board of County Commissioners Pending 05/22/2019 9:00 AM
Packet Pg. 1602
1.5.a
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: March 7, 2019
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 Garden State Lane, in Cross Key Waterway Estates Section Three, Key
18 Largo (PB6-61), Monroe County, Florida (File #2018-231)
19
20 BOCC Meeting: May 22, 2019 (set public hearing)
21 June 19, 2019 (public hearing)
22
23 E
24 REQUEST: 0
25
26 The property owners, (the Applicants) have requested an abandonment of a portion of Garden
27 State Lane,in Cross Key Waterway Estates Section Three,Key Largo according to the Plat thereof
28 as recorded in Plat Book 6, Page 61, of the Public Records of Monroe County, Florida, bounded 0
29 on the north and west by block 8 lots 17 and 18; bounded on the east by block 8 lots 15 and 16;
30 and bounded on the south by Garden State Lane; section 14, township 61, range 39. 0
31
32 The Applicants have made the request in an effort to mitigate trespassing and illegal dumping onto
33 private property. The Applicants own lots which bound the portion requested to be abandoned on �s
34 the north and west. The adjacent lots 15 and 16 to the east, have been aggregated and are owened
35 by the Suarez Black Family Trust. Currently, the portion of Garden State Lane requested to be
36 abandoned serves as an access road to the adjacent property owner which terminates at the norrth
37 end of the parcel owned by the Applicants.
Garden State Lane Abandonment Petition File 42018-231 Page 1 of 6
Packet Pg. 1603
1.5.a
,rr
r
Iw
,. 15 A
17 w
21 20 19 18
z J
IM
T
14 Y
GARDEN STATE LN
r
m N
1 � �J r1
2 Figure 1-Proposed Right of Way Abandonment location. c
3
c
4 REVIEW OF APPLICATION:
5
6 The requested Right of Way Abandonment is established within the Cross Key Waterway Estates, 0
7 Section Three, Key Largo, PB 6-61. The plat was recorded on December 23, 1970.
8 0
a
CA MAL
AM
� }
An
T L &D.01¢
! � r A.
s
I
Garden State Lane Abandonment Petition File#2018-231 Page 2 of 6
Packet Pg. 1604
1.5.a
I Figure 2- Waterway Estates Section Three Plat
2
3 The proposed abandonment portion is described as follows:
4 A portion of the Garden State Lane Public Right of Way, bounded on the north and west by block
5 8 lots 17 and 18; bounded on the east by block 8 lots 15 and 16; and bounded on the south by
6 Garden State Lane;section 14, township 61, range 39, Cross Key Waterway Estates Section Three,
7 Key Largo according to the Plat thereof as recorded in Plat Book 6,Page 61, of the Public Records
8 of Monroe County, Florida and being more particularly described as follows:
9
10 Commencing at the: southwest corner of lot 15 block 8 of said plat, thence N.00°00'00"W.. for
11 67.00 feet, thence S.88°50'31"W for 25.00 feet, thence S.00°00'00"E.for 60.52 feet to a point of 6
12 curvature, thence southwesterly along a circular curve to the right having for its elements a radius
13 of 25.00 feet, a central angle of 13°4931"for an arc distance of 6.03 feet, thence n.88°5031 Y.
14 for 25.72 feet to the point of beginning. containing 1670+1--S.F. of land.
15
r
Ytlr°rdbl Vgn rfF
r�
"j)
0
a r
1 j 1�4 d T,
n 0
IJ IV
91
�INtci 7
, ..
5
—
16
17 Figure 3-Excerpt of boundary Survey
18
19 The Applicants own which bound the portion requested to be abandoned on the north and west.
20 The adjacent lots 15 and 16 to the east, are owened by the Suarez Black Family Trust. The
21 Applicants have made the request in an effort to mitigate trespassing and illegal dumping onto
22 private property.
23
Garden State Lane Abandonment Petition File 42018-231 Page 3 of 6
Packet Pg. 1605
1.5.a
I This petition has been reviewed by County staff and written recommendations of no objection
2 were received from the following private utilities and County departments:
3
4 o Keys Energy Service, letter dated November 21, 2018.
5 o AT &T, letter dated September 17, 2018.
6 o Comcast, letter dated January 3, 2019.
7 o Florida Keys Aqueduct Authority, letter dated January 24, 2019.
8 ■ No objections with grant of easemnt.
9 o Monroe County Fire Marshal, letters dated December 20, 2018 and January 10,
10 2019.
11 Letter dated December 20, 2018, no objections with the following 6
12 conditions:
13 • The area shall remain undeveloped, including landscaping, foliage,
14 and structures.
15 • If controlled access is installed,provisions for emergency access are
16 required.
17 • The road surface shall be maintained, providing adequate support
18 for emergency apparatus and vehicles and access to water supplies
19 for fire suppression; drafting site(s).
as
20 Letter dated January 10, 2019, no objections with the following conditions:
21 • The property shall be maintained as a fire department access road
22 with a minimum unobstructed width of 20 feet, minimum vertical
23 clearance of 13 feet 6 inches and a surface to support the imposed
24 loads of a fire apparatus. 0
25 • The access road shall be maintained at a minimum of its current
26 length and shall comply with all of the requirements set for in
27 Florida Fire Prevention Code NFPA 1 Chapter 18.
28 • No storage shall be permitted on the access road.
29 • Signs shall be placed in a visible location to the public indicating
30 that it is a fire department access road, that it shall not be blocked
31 and that no parking shall be permitted there.
32 • If a gate or fence is to be placed across the entrance to the access
33 road it shall require a permit. Access through the gate shall be
34 provided through use of a lock box system as approved by the local
35 fire department.
36 The Applicants have provided deed restrictions providing access for
37 emergency services and for the abandoned area to remain undeveloped
38 and clear and maintained to meet requirements set for in Florida Fire
39 Prevention Code NFPA 1 Chapter 18.
40
41 o Monroe County Sheriff s Office, dated September 26,2018.
42 No objection with the following conditions:
43 • The abandonment must remain undeveloped, to include no foliage.
44 • Should a gate be installed, First Responders must have access.
45 o The Applicants have provided deed restrictions
46 providing access for emergency services and for the
Garden State Lane Abandonment Petition File 42018-231 Page 4 of 6
Packet Pg. 1606
1.5.a
I abandoned area to remain undeveloped and clear and
2 maintained to meet requirements set for in Florida Fire
3 Prevention Code NFPA 1 Chapter 18.
4 o Monroe County Engineering Department dated January 4, 2019.
5
6 Monroe County Code Section 19-1 - Abandonment of rights-of-way states:
7
8 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
9 (1) the right-of-way terminates on a body of open water; or
10 • The platted right-of-way does not terminate on a body of open
11 water. The applicant owns the land that terminates on open water.
12 (2) the right-of-way provides access to the public to land on open water; or
13 • The platted right-of-way does not provide access to the public to
14 land on open water.
15 (3) the abandonment would preclude a way for the public to maintain access to the
16 water.
17 • The abandonment would not preclude a way for the public to
18 maintain access to water.
19
20 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is
21 an agreement to do so by all affected property owners. For purposes of this subsection, �?
22 an affected property owner is the owner of property which, if the right-of-way is
23 abandoned, will: E
24 (1) Have access that is currently used by that property owner eliminated; 0
25 • The requested abandonment is for a portion of right-of-way that
26 bisects the only gives access to the applicants' property and the
27 adjacent property owner.
28 (2) Have the only platted access eliminated; W
29 • The requested abandonment is for a portion of the right-of-way of 1�
30 Garden State Lane that is not used for access by other properties. 00.
a�
31 It only gives access to the applicant and adjacent property owner.
32 (3) Have the paved area adjacent to that property increased for turn-around
33 purposes; or
34 • There is not a requirement for a T-turnaround given the location
35 of the right of way abandonment E
36 (4) Be increased in size.
37 • The affected properties will increase in size; the right of way will be
38 apportioned to both property owners, there is no objection to this
39 increase.
40
41 (d) All right of way abandonments shall comply with the County Code and Standard
42 Engineering requirements for road, turn-around and fire-rescue access. If required
43 for safety purposes, as determined by either Fire Marshal or County Engineer, a
44 dedicated turn-around area shall be shown on the submitted survey and shall be
45 agreed to in writing and constructed with payment by the property owner(s)
46 requesting abandonment.
Garden State Lane Abandonment Petition File 42018-231 Page 5 of 6
Packet Pg. 1607
I • A letter from the Fire Marshal dated December 20, 2018 and
2 January 10, 2019 expressed concerns of Fire department access
3 and the road being maintained to support the weight of an
4 apparatus, a turn-around is not required.
5
6 o The Applicants have provided deed restrictions providing
7 access for emergency services and for the abandoned area
8 to remain undeveloped and clear and maintained to meet
9 requirements set for in Florida Fire Prevention Code
10 NFPA I Chapter 18.
12 • A letter from Engineering Services, dated January 4,2019 stated
13 no comments or objections to the road abandonment.
14 (e) A right of way may be abandoned only at the terminal portion of the road and in its
15 full width unless one of the following applies;
16 1 An adjacent lot owner has on the platted right-of-way or within a setback a
17 substantial structure which predates the Special Session Law 59-1578 pertaining
18 to maps, plats, and right-of-way. The term "substantial structure" specifically (n
19 does not include wood or metal fences, sheds or tiki huts or other items not listed
20 which are accessory structures; or
21 2. The abandonment is requested by a County department or governmental agency
22 for a public use; for purposes of this subsection public use is a public facility
E
r_
23 and/or public/private utility; or 0
24 3. The right of way area is unusual in size or shape and after abandonment the
25 remaining right of way width will be the same on both sides of the abandonment
26 as shown in Example 1.
0
27 W
28 • The requested abandonment is for the terminal portion of Garden State 1�
0
29 Lane.
30
31 The requested abandonment of a portion of the right-of-way of Garden State Lane, in Cross Key
32 Waterway Estates Section Three, Key Largo (PB6-61), meets the criteria cited above and is
33 suitable for abandonment as an agenda item submission for the June hearing.
E
34
35 RECOMMENDATION:
36 Staff recommends approval of the requested abandonment. <
Garden State Lane Abandonment Petition File 42018-231 Page 6 of 6
1 Packet Pg. 1608
1.5.b
I
6 ..w
7
8 MONROE COUNTY, FLORIDA
9 BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO,
-2019 �
I.I.
12 A RESOLUTION SETTING THE DATE, 'TIME,, AND P:.LAC E �
13 FOR A PUBLIC HEARING CONCERNING ERNING THE PROPOSED
1 ABANDONMENT OF A PORTION OF THE RIGHT-OF-WAY
15 OF GARDEN STATE LANE, IN CROSS KEY WATERWAY
1.6 ESTATES ES SECTION THREE, ACCORDING ING TO THE PLAT �s
1.7 THEREOF AS RECORDED IN PLAT T3C)TJK 6, PAGE 61, OF �
18 THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
19 BOUNDED ON THE NORTH AND WEST BY BLOCK 8 LOTS
20 1.7 AND 1 ; BCI1.11�NDED ON THE EAST BY BLOCK 8 LOTS 1.5
21 AND 1.6; AND BOUNDED ON THE SOUTH BY GARDEN
22 STATE LANE".; SECTION 14, TOWNSHIP 61, RANGE 39, KEY
23 LARGO, MONROE COUNTY, FLORIDA. �
24
25
26 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to S
27 renounce and disclaim any right of the County and the public in and to the hereinafter streets,
28 alley-ways, roads or highways; and
29
30 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing �
31, after publishing, due notice of said hearing in accordance with said Chapter;
32
33 NOW "I HR FO E BE IT RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will held a public
35 hearing on Jayne 19, 2019, at the Murray E. Pelson Government Center, 102050 Overseas
36 Highway, Ivey Largo, Florida, to determine whether or not the Board will renounce and
37 disclaim any right of the County and the public in and to the following described streets, alley- E
38 ways, roads, or highways as delineated on the hereinafter described map or plat, to-wit:
39
40 A portion of the Garden State Lane .Public Right r1f 'pry, bounded on the north and west by block
41 8 lots 17 and 18, bounded on the east by black S logs 15 and 1 ; crud bounded on the .south by
42 Garden State Lane, section 14, township 61, range 39, Cross Key Waterway Estates Section.
43 Three, Ivey Largo according to the Plat thereof as recorded in Plat Book 6, Page 61, of the
44 public Records af Monroe County, Florida and being more particularly described as wfbIlows.`
45
Page v of 2
Packet Pg. 1609
I Commencing at the.- southwest corner qflot .IS block 8 of said plat, thence N.00'00'00"W .fbr
2 67.00ftet, thence S.88'5031"W.fior 25.00ftel, thence S.00'00'00"E,.Ibr 60.52 fieel to a point of
curvature, thence southwesterlj3 along a circular curve to the right having for its' elements a
4 radius qf' 25.00 ,fiel, a central angle oj' 13'4931"jbr an. are dislance 'of' 603 ftet, thence
5 n.88'5031"Efior 25. 72feet to the point of beginning. containing 1670-kl-SE of land
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 22"' day of May 2019.
9
10 Mayor Sylvia J. Murphy
I I Mayor Pro '"I'em Danny L. Kolhage
12 Commissioner Michelle Coldiron
13 Commissioner Heather Carruthers
14 Commissioner David Rice
15
16 (n
17 BOARD OF COUNTY COMMISSIONERS
18 OF' MONROE COUNTY, FLORIDA
20
21 BY E
22 (SEAL) Mayor Sylvia J. Murphy 0
23
24 ATTEST: KEVIN MADOK, CLERK
25
0
26 y
27 By A
28 Deputy Clerk
29 A NEY
30
U)
0
0
U)
E
Page 2 of 2
Packet Pg. 1610
1.5.d
b�tl u��ll1" 11 � ,,JQ"";
2 ¢l °41w, luau I
kYWO ,bo � u I OWL.
ujit Claim Deed
II jr� Quit "si�iuu, .1�,^l u'r l uuked Otis 'q lulu 1 ""f ,,,,"s illl °m ; uu w^ , mm�
u llu�u°a is III I S uuuul�uuuu sm,"v t" "� y � ` 't,� t � »33040,, truKar, and �u ie 9 I utllta Trimstau ��,� �< �h � ���u„ � a�
address is 7101 l.4jr6m IIISIC[Anc,Kley Lmp,u,Florida.,uu lll37,pear l c^;
as"
old, rhom III the Oud" At>rGk m"Ma IwP'0 �e�4 ;, IMI 7mmscomwes,
fod iODD swam W"O. r n"I InfOgm of
ti lfiI Itu uuu uu a^„ m in uu ulluuu luuuu of ii uuu sum l'Ietft XND iI1 CJVu, l�ICI II„,w1, Il �t l llr,Ill"�"�uuuuul uuuluu�I uru ll
u uluu�ulluu uuuuuuuuuuuru Iuu ubl a°uuuuuup Iuu IWuuuumul uulrul �°uuuulul uM, Ilrvu uuuuut ^uuuuu .ul° uluuu
lu uul a uuul a lV;uuuuuu"uuurul uluuuu,INuuiuuuu uuw u1uu uuu1 uuu uW, uuuul wuuuruu %luuuuu Sul mxigouuu fiblemovir^ME irluu s ^ mid Iifle, iuuuerefia"
u°Iuuluuim'auuul rcl uuuuuuuul uu uluulu IIu„uuuuuuuu II in uu it) irl 1uu11Vuu u� mu,irlluuul I uu w uiuua,uuuuu^ l luu , uuuut �luu rouu uuuuu°�� t'uuuuuuuu �
Illliuu�m� uuu�uu�rruu
I"Iu li ui uuu of ul tug � t� �rif a STA" 1 t� ✓14m �� t^ a l��" uuu� "Id Block III 0
�°" �KIN WA MCIR " S Vrl1 f -It" 't'u°t °"t"ttl tl E, a rCuir 3 1 u rI llu' , � 1,"
4�1"uluuu I� Iu1," ^ �uumuuli of uu uw— l;�uu�ruuuu "tp°Iuiufu°Iul urtuu� 'l uu ul"uuuuuu iu ixi u,�^uu lllu a 111 ul urr llu ut C
0
luul � W
tit I �u � unuu (it 6u I , BIG It " u1ul' �tl k �� `�Itl� tit" It�� C
t„t I ,N't HR l" u� iu 1 1 St " u t k � L"�uut lulu i iwu d uut °uu u "
II " tuuu "I "' " l""w" Aueu �uul l , i u I it utu m ,uWu Iluu � 1D
EN
1 i � " Iuuu t � � �STATE I I u "
1 > curt 11 ^� l ,l u� I u Yu a with ( we" uuI 1� I 11 � I� 0
kwing MeEmsttirly lul a uul Wad l ot lowIdGARVEN 91"All LAMS a i'm 'I I"'1 1, M,[Og"Ous lu g
t" llumu� " dirMijimmelle", Il` ullI feet 114 too, uuu 0 IiuwliY C
c
"Mlle 1"u°u'.fmay is cmVeyvA wu ukIjiocI uuu IIu I'uulluo`mviA
.
nou luu us11 uu^uu a b ul u uu "tuliu�^ uml° ixuAu sw
A.
1, u's I luu"I u uuu Stu uu t a uuamI a
�� a �u'I;l� urolt
uluuull uuuuuuu l�,tuuuuurl Iuu lu "uu�a *41VI uru lcw urprA w
uu° uy,u IO r u ,u �Iululouu a("'kw rov,uAm l ssllru u
I°Is*, I've1 uula ^ u �,ll I��u�luu�u a �1 a 1uu rdegm ': ml Ocu, r �����u"��gAj �u� u; "iNii� uu uluuuu w�� �'l�l,�lued wikk,coy �
;II)�I ^I,uuuluuuutturumuu. uu1u1 duluWu �" l bl luu m�umulu�
IuIuu, ,
1 . roles^u AxI%mil te Iula d in nb Vlua ium wu theI l»ru iirulkari IhaI f Pux�� lu luw a ll�u �m1�mc �u �
mu w��u �uu ,I u I Al i �u lu Ilhu" a tom, a illu u�°uw Qu�uluuu �'tlumt I 11 1��wmuuuul �� u IN
T 'wc"efis uuu 1 huuullll Wt uiluuuuuuuuuim of kis c uuu 110uutl'It mud S11101 , u With fidl of the �
m°u a° m u"uI uuI I%luu �rou l u lu+ 1"�m °�IWO C,K Iu' � � 1 11r IW u° III �
CAS
Ia; 11".a III I l ud� uu" iluu I mrims rtuu^ uuu uru luau ft r quad" dia l�iv t� iu Iw�nI:1u u °
u u°uu a Il pI WAI �I Ptuu'u� l uuu�u gh iu� Of A fin, t u �. �u v m g��uur>'�ed Ill � Mal l ou
C
uuluuImuuu�� au
t1.2 uluiuuul puuu lxu l ullI"II uuuol f
1. uu uuu It�wull luu tuiuru'tul uu Ike 29,01065 a"ir'Ifi ca
1. L uuu ^ m�uuuul 1.,du ll e uw uu" a uutia Iu�wAb Ott,iuml 1 uull a
To II i "°e, and to 1101i tkw ww, IuVOu'uC Vwlulu, WI uu'uu,ul uappiuluuuu Ilu a OPYWIRIMICAM therWio InJungint, Cr uuvu Mau^yr uuuu
uperthii in , 4* all the ematc,rishl",ufi �^uu"!u " lim,equity ,ul Claim, �luu� u�u au1° �uu uu ���lul u�Iuu l uru lirvr exjuity",to
uu ,l�u"u uI u1 puu ul Of tk,'Mid
Packet Pg. 1611
r
&rt glens rlU�Yf's har"Ic)mid,-, al I)m d&y mu l yi'mr first 4x v C"iviitu""m
sigK"na ealed ttad dejjvr,-,��t',J In iourriveseam
%
z�
CTRINTY OFMC44-449, C,It,r, C
,yhe fq»pqjq,,)i�ir it 1hisVi d,'Ve 011'i 20,19 by isp(""""movjaMy
wiv, 4)
'as
0 tW p 'b
'y
CUFFANDERSON
C
Notary Public
State of E
11=I C
Appt No.1 1 1 1 0
M Anot Expires Juk --- ---- 'a
C
0
C
.2
.2
U)
CY
0
E
Packet Pg. 1612
bsom,&tLWAlawall,
LuR,E.[Naz.Fliq,
3529 S.W. I I Sucet
Miami,Florida 33135
........................... ...................____......................... ..........................
Quit Claim Deed
� , rk Quit ciaim D"d rymde tbim�l d A rnur-Av flewpi&. %w1hr",vvzt ME
'!.y of
addrew is I 10 01'S'm ov to a Strect, X ey 'exam -j
huslwsd and wi�fc,wbm,post office adrhx,.ss i$6"i;e 0
�c
('W'hCjjKAj1ej'U,W,Aj hkftin iUK Reim% `#WftW*&Md' *rjN~"'iwjWk 40 a*Iranits 0 fh,* m%vuinom *M v*beirs, lep)rt;rtsetantives, Md WW,'*M of
W*310d tr,14U94) r-
My ittleisetil,th&aid n°ntoi'°a famm°imnmtl iti m iAuidou,mmnti000ftimw.qwiTf.'NANE)N('.)IIIOCDOLIARS(S10.00)xxlodiruF good
mW valvable consAeiatijioc To said V.-anlor in hazA junild by szidV"2flft=. the rectipt Mwreofis hweby 11K*.n,0)h1f.d&H-A, dw—S
lkmeby manim. rahnsaz, a1A quitclau"n to dm,,mid.gpoW.,and gp--4�tzds heiss and fix-cm all dw Lob, inwTasl,
cb-irn and deawand IN110% J?,1MAW hN in aw-4 to Alle fbllowb4 larm], situala, III gym,,, amrxi banp i.n Moor"x County. (D
Florida wwit
That porflon of right of way of CARDEN STATE LANE Ilyia@ Fast of Lot 17, Block 8,of CROSS
KEY WATERWAY ESTATES SEMON THItM as recorded In Plat Book 6,at Page 61, of the
Public Records or Monroe County. Florida closed and vaeated. more particularly descritwd as
followg. E
Commence at the Southwest conter of lool 15, Block 8, of CROGS KEY WATERWAY I-STATES r-
0
SECTION TEIRER,as recorded in P161 Book 6,at Page 61,ofthe Public Records of Monroe County, 'a
Florida, said corner also lyliog oa the Easterly right of way of GARDEN SrATX L&NE; thence
S48150'31"W,a distance of 1150 fect to the point on the oenterIllee of GARDEN STATE LAN X,sald
point also being lbe Point of Beginning; thence continue S88"50'311"W,a disganoc of 1.3.36 fece to
laterscct with a circularcurve "neave to the Northwest said point also bting a point of cusp; theyee
is P NWherly d1rceflon, along the ciircular curve havizig for Its elements a radius of 25.00 feet, a 0
ceapt rmlan le of 15103.144"a a arc distance of 6.S7 fect to the point of fan gcney,,alit 1 "00100"W,
the Westerly rigbi of way line of GARURN
along the Vastedy Une of aforesaid 14t 17, sho beipf, (D
STATE LANE,a distance of 60.52 facV, lbempee N83150 31"E,a distanoc oF25.00 feet to lot with
U
the Westerl Wbou dary bne of Lot 16, Mock 8 of arormaid CROSS KAY WATERWAY ESTATES
SECTION E; thence S00100100E,aloaZ the s2ld Westerly line®Aso being the Easterly HIM of
Vof GARDEN STATE L&NE,a dlstaw;t of 2-00 feea; 1hcnceM'50"31"W,a distance of 12,50
ti on: point on the ecatcHine of aforementioned GARDEN STATE L4NF,- thence SOO'00"00"E,
allongsAd ecaterline,a distance of 65.00 feel to the Point offt inn ing, .2
.2
The 111ropaTy is conveyed wbjLci to Lbe following.,
A. '11te Ploposty shall n-j%kin,undavek)prd,inchtding Illarxiscaping.fbliar,,,and s&ix,1aArVm
B. If cordrofled 3ems 19 inozUed,proviiians fbr anagcoryoccem axe,mquhr..&
C. 1?k mud iutmx shall be maiemdnaJ, 19,oviding ad4ade v44vo-for tv men Vrcmcy qVa- amd vchic"-ftnd
WA=3 tam WMMSU 1p aka for fimc v, to min
0. The Pn4wity shW1 Ix maintained as a&,e i1cpanmeml yams road wilb a gmhmimwm wohstn=uf width of 4j
20 13 fevA 6 in4k-siLnd a stfffka oz svppxt the impou. ,)d Joah- of afire
2r,9;UW1A1. E
F- Signs shall Ix p1gumd in a vi.,dbkl ificq to Ow public io& ,flia U)o t11rw*Vy is a fut,de3ximm-ot
U
aocess road, that.it stol I not be blN*rd VA dbal.no vmiculw-palkingsball I'M Pcrynived draxxx..
11@, '11rhe wcau. nw. d shall be zaai��tnhxxl iii a rainkman ofivi current fivVh=d rball ramply w th all of t9w
rvVirtsnents sd for in Flacklm Firo f�tvcnmon CAN.*1*11A I 0.1w.. 'er 18,
IG. 11fa Ow, or ftixt is to tm pbical nXross dw enff,mca W,dx. a"Ma ixodl, it shall mquire a f>mraft. Ac". .-Vis
dwumgh the SAe sball be ;novided thyaugh u%, of a lack; twx Tyaua) a* ap;rovM-- 1 by the local fire
d,S;"M,4x"p
have fuxva,
sttr 1. Jt=
ith fir la�ad ii perpetulty.
To Have and to 1101d. dui .wune u)jy.Acc with all emd sioF pular dw, ajVa3,=arx%a therma, Flo of in anyw'lse
appeTtaining, UW a 111 the watc,r4,;K,fitic, jaimst, lks.equity ard claim wlw.wl w.cvrjir of gm.ytors,,ciffier in Illwiw rx oquity,for
Packet Pg. 1613
the use,bend and profit of the said grantee forever.
in,Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year fqt above written.
Signed,se ale and 5-red ur presence:
Witness Name.
C'
S)
Witness Name.-—:d
I,
STATE OF FLORIDA
COU'NTY OF�AONROE
C
The foregoing instrument was alc!ykno",led ged before me tbis, day of 2019 by 0 S Personally
own 1�aj to ine or has produced ....... as identification.
C
-9-0-ti6- "Pubfic
[Notary Sear
Printed Narne:
oep% E, '3(pires: C
My Commission E
jpubtt%State Of as
e �rtu(2 SO 1036 E
C
0
C
0
C
.2
U)
C
0
E
Packet Pg. 1614
Daces 2209444 03/05/2019 12:02Ph
Filed & Recarde in Official Records of
MONROE COUNTY KEVIN MADOK
Doca 2209444
BkN 29151, Pgo 2470
GR,kNT OF EASEMENT
It is hereby agreed that MINNIMMENNEW- —6
(hereinafter referred to as "Grantor") for and in, consideration of the sum of ONE DOLLAR
($1.00) and other good and valuable:considerations,the receipt of which is hereby acknowledge e
by Grantor, paid by the Florida Keys Aqueduct Authority (hereinafter referred to as
"Authority"), does grant, sell and convey to Authority a non-exclusive easement under the
cis
following tcrms and conditions-,
I Grantor hereby grants to the Authority a non-exclusive casement, under, over, across and
E
upon those portions of the property described on the attached Exhibit "A" CGrantor's, r_
0
Property'), in which (i) no improvements exist(other than surface improvements such as
roads or sidewalks), gnd (ii) the water distribution facilities presently exist. Authority 0
may use other portions of Grantor's Property, but only with the prior written consent of
Grantor.
2. Authority, its successors and assigns, shall have only the right to construct, reconstruct,
lay, install, operate, maintain, relocate, repair, replace, improve, remove, and inspect U)i
water distribution facilities and all appurtenances thereto (the "Utility Facilities") and
E
0
U)
shall have full right of ingress and egress thereto and therefrom in, over and across the cuW
easement area. Authority may at any time enter upon, use and occupy other portions of
Grantor's Property, but only to the extent that is necessary for the operation, inspection,
E
maintenance and repair of the Utility Facilities, and shall not utilize Grantor's Property
for any other purpose without Grantor's permission.
1.
Packet Pg. 1615
Doan, '220944
BkO 2951 PS 2471
3. Grantor shall famish and maintain the easement area free of and clear from any
obstruction and shall not construct, place, or allow the placing or construction of any
obstruction which would interfere with (1) Authority's safe or proper installation,
operation, maintenance, inspection, or removal of the Utility Facilities located in the
easement area or(11) any other right granted to Authority. Grantor shall have the right to,
make any other use of the easement area which does not interfere with the Authority's
rights.
4. Any obstruction to the safe or proper operation, maintenance, inspection, or removal of
Utility Facilities may be removed by the Authority at Grantor's expense. However, as a
condition precedent to, such removal, Authority shall first provide notice to Grantor of E
a
0
Authority's,intent, and allow Grantor reasonable time to either remove the ob 'astruction or a
provide Authority with an alternative portion of Grantor's Property for the purpose
0
required.
5. in exercising its, rights hereunder, Authority shall, to the extent practicable under the
circumstances, minimize disruption of and interference with Grantor's Property. Without,
limiting the foregoing, Authority shall provide reasonable prior, written notice to Grantor
of all maintenance and repair activities and, except for the case of emergencies or other
E
causes beyond Authority's control, shall coordinate its activities w 0ith Grantor. Authority U)
M
W
shall promptly restore all vegetation and improvements damaged by its maintenance and I
repair activities to a condition comparable to that which existed prior to Authority's 4j
E
activities, Authority shall indemnify and hold Grantor harmless from any loss, damage,
expense, claim, cost or liability (including attorneys' fees incurred) arising as a result of
2
poet 2209444
BkN 2951 P9N 2472
the presence or activities of Authority (including its agents and contractors) upon
Grantor's Property.
6. Either party, in its discretion and at its sole expense, may have surveys made of the
location of the Utility Facilities, and may cause an amendment to this Agreement to be
prepared that accurately reflects the location of any such Utility Facilities. In such event,
the other party shall have the right to review and approve the survey and form of
amendment to this Agreement (which approval shall not be unreasonably withheld) and
both parties shall promptly execute the amendment. The width of any easement
documented by a survey shall be no less than 20 feet wide to allow Authority to utilize
heavy equipment, to the extent actually required, in connection with its maintenance,
E
r-
0
repair, removal and replacement activities. Any amendment to this Agreement prepared
pursuant to this paragraph shall be in recordable form and shall be effective upon
0
recordation in the Official Records of Monroe County, Florida, Any such amendment
may address either all or limited portions of Grantor's Property, in which case, the
amendment may also identify such portions of Grantor's Property to which this
Agreement and the Easements created hereby, no longer burden or affect.
U)
7. Grantor shall bear the cost of any relocation or modification of said Utility Facilities
E
when the change is necessitated by rantor's requirements or those of any utility other 0
U)
M
W
than the Authority. I
8. All covenants, stipulations, terms, conditions, and provisions of this agreement shall
extend to and be made binding, upon respective successors and assigns of Authority and E
Grantor. It is intended that this agreement shall be recorded and be binding upon future
owners of Grantor"s Property,
3
Packet Pg. 1617
Doca 22W44
Bko 2951, Pg# 2473
9, The Grantor does hereby warrant good and marketable title for Grantor's Property and
that it has full power and authority to grant this easement.
M All provisions of this easement, including the benefits and burdens, run with the land,and
are binding upon and shall inure to the benefit of the successors and assigns of the parties
hereto.
11. The parties agree to execute promptly any other documents and to perform promptly any
other acts, that may be reasonably required to effectuate the purposes and intent of this
C
easement.
12. Whenever the transfer of ownership of all or any part of Grantor's Property takes place,
C
the transferor shall not be liable for the breach, subsequent to such transfer, of any of the 0
E
C
0
'a
covenants contained herein. C
13, If are action is brought to enforce the provisions of this easement, the prevailing party
0
shall be entitled to receive its costs,litigation expenses, and reasonable attorneys' fees.
[Signatures on following page]
U)i
C
0
E
0
U)
CU
W
1
4i
C
0
E
4
Packet Pg. 1618
1.5.f
DocK 220 444
2951 Pg# 2474
WITNESSIN WHEREOF, the Grantor has hereunto set its hand and seal this day
. I
TO
MEPIF rs
Signed in the presence of �
y:
as
Printed Name. �� f�!' F°rirrt l Name: �
Its; AuthoriZed Signatory
0
Printed Name:
STATE OF FLORIDA �
SS
COUNTY OF MONROE
The foregoing instrument was acknowledged before me on this � day
Of ' —
i
Notary Public----State of Florida at Large E
U)
M
y Commission Expires;
&E
Pubk SW of FOW
emmkoW F 1
Feb-.
5
Packet Pg. 1619
1.5.f
DocK 444
Bkv 2951 P9N 2475
IN WITNESS WHEREOF, the Authority has hereunto set its hand and seal this _ day
of t
AUTHORITY: FLORIDA KEYS,AQUEDUCT AUTHORITY,
a Florida governmental authority
Signed in the presence of, �
i
By: e—A--
PrintedW
l e:.� Printed e:
Its: Authorized Signatory
Printed N e:
STATE OF FLORIDA
Ss
COUNTY TY OF MONROE
The foregoing instrument was acknowledged Before me on this day �
i
of it
U�
NotaryPublic_..State of Florida at Large E
0
U)
y Commission Expires: M
EL MGMT
MyC4vMW0#fF2W1
STATE OF F4wOPM �
T;
if, a o f the
.�
s':
,
And thin" ski l °irih� e fot
k � 1.6
flu "" MONROE COUNTY
m OFFICIAL C R S
BY'. I 1u'c1
Packet Pg. 1620
SPECIFIC PURPOSE SKETCH
Proposed Road Closure
Scale' V = 25'
LLEGAL DESCRlPTIOD47
A PORTION OF RIGHT-OFA MAY BEING EAST OF AND ADJACENT TO THE EASTERLY LINE OF LOT 17,BLOCK 8,'"CROSS KEY WATERWAY ESTATES
SECTION THREE",ACCORDING TO THE PLAT THEREOF,AS RECORDED NPLAT BOOK 6,AT PAGE 61,OF THE PUBLIC RECORDS,or MONROE COUNTY,
FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCE AT THE SOUTHWEST CORNER OF LOT 15 BLOCK 8 OF SAID PLAT,
THENCE N.00'00'00"W FOR 67 00 FEET THENCE S.88'50'31"VV.FOR 26.00 FEET,THENCE S.00'00'00PE FOR 60,52 FEETTO A PUNT OF CURVATURE,
THENCE SOUTHWESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS ELEMENTS A RAWLS OF 25 00 FEET,A CENTRAL ANGLE OF
13'49'31"FOR AN ARC DISTANCE OF 6.03 FEET,THENCE N.88'50'31"E.FOR 25.72 FEET TO THE POINT OF BEGINNNG.CONTAINING 1670+1-S.F. OF LAND
109.32'
C� 0
C
NORTH co
S88'50'31"W
or 0
(Lot 18-Bb'ock 8) Lot 17'-Block 8) /<0"
LL'
Residence No.705
Zo
ro Lo Ld
0 9 U)
LLJ 0
E
CT
(L
Q Uj (n
0
✓ m
LIJ
01 Q
V)
Ilry <
A
0
D=13-4931" / w
R=25.00' x
L=6.03' EGIMN
N881 131"E
S88'50'3111W 57.80
...........
3- U)
Ti
CNJ
E
U)
w
-4--ANF-
NOTE
THE PURPOSE OF THIS SKETCH ISTO CLO,SEIVACATE A PORTION
OF GARDEN STATE LANE.
THIS IS NOT A BOUNDARY SURVEY E
CERTIFICATION:
GENERAL NOTES: SURVEYORS CERTIFICATION:I I-IEREBY CERTIFY 11 IAT UI.IS SPECUIC
PURPOSE SKETC14"IS ATRUE,AND CORR,, rRE�PR '.,,N--A' ON F A
F I rl 0
'I)THIS SPECIFIC PURPOSE SURVEY HAS BEEN PREPARE FOR THE SURVEY PREPARED UNDT`�R Y DIRECTIO, .TTTI�' 01VIPLIES Will 111 IE
17(7 '_C;�'I '-I-1 BY 711 Ei STATE OF
EXCLUSIVE USE OF THE ENTITIES NAME HEREON. MINIMUM TECI-INIC ,STA DARDS,AS Tr? 1.113 A
FLORIDA BOARD OF 'ROFESSI'ONAL 5 ?V E-�'x
THE CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED PARTIES. CJ-1APTF'R5J-17.051j 0Rfl)AAI)J1v _�S AND MAPPER IN
�n/E CODE PURSUANT"TO
2)UNDERGROUND PORTION OF FOOTING,FOUNDATIONS OR OTHER SFCC710N 1,Z02 11 1RIDA STATUT-,.q
IMPROVEMENTS WERE NOT LOCATED.
CERTIFIED TO: c N D FOR TfiE FIRM
I{,TE ,I.1 I I., VP.S, -Na,5joI-s'rATEOFFL01UDA
N40 V LIDVV1 HOUT AUTHENTICELECTIR IC SIGNATURE AND
HIS
MAP
D
GARDEN STATE LANE, :i
% HENTICAT D ELE TRONIC 8EAL AND/0 HIS MAP IS NOT VALID
KEY LARGO, FLORIDA 33037 THOUT THE IGNA" URE AND THE ORIGIN L RAISE
DATE: 11-19-2018 S' RVEYOR AND MIA ER'. ........ Packet Pg. 1621