Item P9 P.9
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
June 19, 2019
Agenda Item Number: P.9
Agenda Item Summary #5628
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 PM PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of a Resolution renouncing
and disclaiming any right of the County and public in and to that portion of the right-of-way 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, range 39,
Key Largo, Monroe County, Florida.
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 I Chapter
18.
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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:
5/22/2019 (I5) BOCC approval of Resolution 142-2019
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Staff Report
2018-231 FILE Redacted
FKAA Easement_survey_Redacted
CONFIDENTIAL Deed Restriction—Redacted
Suarez Black Deed Restriction
Resolution
2018-231 SURVEY Redacted
FINANCIAL IMPACT:
Packet Pg. 1675
P.9
Effective Date:
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 05/31/2019 1:07 AM
Assistant County Administrator Christine Hurley Completed
05/31/2019 10:31 AM
Steve Williams Completed 05/31/2019 12:28 PM
Maureen Proffitt Completed 06/04/2019 9:05 AM
Budget and Finance Completed 06/04/2019 9:08 AM
Maria Slavik Completed 06/04/2019 9:30 AM
Kathy Peters Completed 06/04/2019 9:34 AM
Board of County Commissioners Pending 06/19/2019 9:00 AM
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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) E
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22
23
24 REQUEST:
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
29 on the north and west by block 8 lots 17 and 18; bounded on the east by block 8 lots 15 and 16; .2
30 and bounded on the south by Garden State Lane; section 14, township 61, range 39. E
31
32 The Applicants have made the request in an effort to mitigate trespassing and illegal dumping onto 0
33 private property. The Applicants own lots which bound the portion requested to be abandoned on
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.
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Garden State Lane Abandonment Petition File 42018-231 Page 1 of 6
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2 Figure 1-Proposed Right of Way Abandonment location.
3
4 REVIEW OF APPLICATION: O
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6 The requested Right of Way Abandonment is established within the Cross Key Waterway Estates,
7 Section Three, Key Largo, PB 6-61. The plat was recorded on December 23, 1970. •2
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Garden State Lane Abandonment Petition File#2018-231 Page 2 of 6
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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
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.
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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
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P.9.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
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).
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 0
23 clearance of 13 feet 6 inches and a surface to support the imposed
24 loads of a fire apparatus.
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 T
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
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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 a
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, E
22 an affected property owner is the owner of property which, if the right-of-way is 0
23 abandoned, will:
24 (1) Have access that is currently used by that property owner eliminated;
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;
29 • The requested abandonment is for a portion of the right-of-way of T
30 Garden State Lane that is not used for access by other properties.
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
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
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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.
11
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 (n
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
19 does not include wood or metal fences, sheds or tiki huts or other items not listed
20 which are accessory structures; or
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21 2. The abandonment is requested by a County department or governmental agency 0
22 for a public use; for purposes of this subsection public use is a public facility
23 and/or public/private utility; or
24 3. The right of way area is unusual in size or shape and after abandonment the 0
25 remaining right of way width will be the same on both sides of the abandonment
26 as shown in Example 1.
27
28 • The requested abandonment is for the terminal portion of Garden State T
29 Lane.
30
31 The requested abandonment of a portion of the right-of-way of Garden State Lane, in Cross Key 00.
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.
34
35 RECOMMENDATION:
36 Staff recommends approval of the requested abandonment. E
Garden State Lane Abandonment Petition File 42018-231 Page 6 of 6
1 Packet Pg. 1682
Daces 2209444 03/05/2019 12:02P8
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
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following tcrms and conditions-,
I Grantor hereby grants to the Authority a non-exclusive casement, under, over, across and
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upon those portions of the property described on the attached Exhibit "A" CGrantor's, r_
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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
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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,
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maintenance and repair of the Utility Facilities, and shall not utilize Grantor's Property
for any other purpose without Grantor's permission.
1.
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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
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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
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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
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causes beyond Authority's control, shall coordinate its activities w 0ith Grantor. Authority U)
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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
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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,
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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
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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.
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7. Grantor shall bear the cost of any relocation or modification of said Utility Facilities
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when the change is necessitated by rantor's requirements or those of any utility other 0
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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
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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
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easement.
12. Whenever the transfer of ownership of all or any part of Grantor's Property takes place,
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the transferor shall not be liable for the breach, subsequent to such transfer, of any of the 0
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covenants contained herein. C
13, If are action is brought to enforce the provisions of this easement, the prevailing party
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shall be entitled to receive its costs,litigation expenses, and reasonable attorneys' fees.
[Signatures on following page]
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WITNESSIN WHEREOF, the Grantor has hereunto set its hand and seal this day
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Signed in the presence of �
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Printed Name. �� f�!' F°rirrt l Name: �
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Printed Name:
STATE OF FLORIDA �
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COUNTY OF MONROE
The foregoing instrument was acknowledged before me on this � day
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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, �
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Its: Authorized Signatory
Printed N e:
STATE OF FLORIDA
Ss
COUNTY TY OF MONROE
The foregoing instrument was acknowledged Before me on this day �
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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'
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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
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'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
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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. 1689
P rr re tired b mid return
Luis E.Diaz,Esq,
1529 S.W, F'Street
Miami,Florida 33135
rspac Above Tlais Line For Recording Data]--
Quit Claim Deed
This Quit Claim Deed made this".day of 2019 between Monroe County, Florida, whose post office
ress is I 100 Simonton Street,Key West, gr
antors ra an nt tt
add Floridaa 3 M0, or, and
husband and wife,whose post office address is=Garden State Lane,Key Largo,Florida 33037,grantee:
(Whenever used herein the terms "grantor" and, "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of (n
individuals,and the successors and assigns of corporations,trusts and trustees)
Witnesseth,that said grantor,for and in consideration of the sum TEN AND NO/]00 DOLLARS($10,00)and other good
and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does
hereby.remise,release, and quitclaim to the said grantee, and grantee's heirs and assigns,forever, all the right, title, interest,
clairn and demand which grantor has in and to the following described land, situate, lying and being in Alonroe County,
Florida to-wit: E
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That portion of right of way of GARDEN STATE LANE lying East of Lot 17,Block 8, of CROSS
KEY WATERWAY ESTATES SECTION THREE, as recorded in Plat Book 6, at Page 61, of the
Public Records of Monroe County, Florida closed and vacated, more particularly described as
follows-
Commence at the Southwest comer of Lot 15, Block 8, of CROSS KEY WATERWAY ESTATES
SECTION T1-1RE E,as recorded in Plat Book 6,at Page 61,of the Public Records of Monroe County, 0
Florida, said corner also lying on the Easterly right of way of GARDEN STATE LANE; thence
88815013111%a distance of 12.50 feet to the point on the centerline of GARDEN STATE LANE,said
point also being the Point of Beginning; thence continue S88150'31"W, a distance.of 13.36 feet to
intersect with a circular curve concave to the:Northwest said point also being a point of cusp; thence
in a Northerly direction, along the circular curve having for its elements a radius of 25.00 feet, a
central angle of 15'03,'44"an are distance of 6.57 feet to the point of tangency; thence N0010010011W,
along the Easterly line of aforesaid Lot 17, also being the Westerly right of way line of GARDEN
STATE LANE,a distance of 60.52 feet; thence N88150'3111E,a distance of 25.00 feet to intersect with 0
the Westerly boundary line of Lot 16, Block 8 of aforesaid CROSS KAY WATERWAY ESTATES
SECTION THREE; thence S00'00100E,along the said Westerly line,also being the Easterly right of .2
way line of GARDEN STATE LANE,a distance of 2.00 feet;thence S88"50131"W,a distance of 12.50 U)
feet to a point on the centerline of aforementioned GARDEN STATE LANE; thence S00'00'00"E,
along said centerline,a distance of 65.00 feet to the Point of Beginning.
The Property is conveyed subject to the following:
A. The Property shall remain undeveloped,including landscaping,foliage,and structures,
& If controlled access is installed,provisions for emergency access are required.
C. The road surface shall be maintained,providing adequate support for emergency apparatus and vehicles and Z
W
access to water supplies for fire suppression. a
D, The Property shall be maintained as a fire department access road with a mininnan unobstmoted width ear
U-
20 feet,minimum vertical cle aranice of 13 feet 6 inches and a surface to support the imposed loads of a fire Z
apparatus. 0
E. Signs shall be placed. in a visible location to the public indicating that the Property is a fire department
access road,that it shall not be blocked,and that no vehicular parking shall be permitted thereon.
F The access road shall be maintained af-a minimum of its current length and shall comply with all of the
requirements set for in Florida Fire Prevention Code NFPA I Chapter 18. E
G. If a gate or fence is to be placed across the entrance to the access road, it shall require a permit. Access 0
through the gate shall be provided through use of a lock box system as approved by the local fire
department,
H. Should a gate be installed,First Responders must have access.
11 No storage shall be permitted on the access road,
J. Items A.through L shall be a covenant running with the land in perpetuity.
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining, and all the estate,right,title, interest, lien,equity and claim whatsoever of grantors,either in law or equity, for
I Packet Pg. 1690
P.9.d
the use,benefit and profit of the said grantee forever.
In Witness Whereof,grantor has hereunto set grantor's tor's hand and seal the day and year Karst above written,
Signed,sealed and deliver ur presence:
cm
Witness Name: All 6
��.... �
Witness e:
COUNTY OF STATE OF FLORIDA aij
The +aregcahag instrument was acloowledge before e this ay t_ , 1 o is personally
known to e car has produced as ideratifi aticaaa. Iwo
4,
otary Seal] �t to tic E
Printed Name-
g mP, LESLEE PAULDiNG
�ASCommission#GG 00 S ley Conunissicn prires:
�'Expires June 28,2 20 �
WOMMIf
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Packet Pg. 1691
Tire red b ail d re tarn to;
Luis E.Diaz,Esq.
1529 S.W. 1r`Street
Miami,Florida 33135
(Space Above This Line ror Recording Data]
Quit Claim Deed
' "lei it Claim eel made this day of 0 ,2019 between Monroe County,Florida, whose post office
address is 11041 Simonton Street, west, Florida 33(7 , gransaz°, and Suarez Mack Family Ti°east, whose pest office
address is 701 Garden State Lane,Key Vargo,Florida 33037,grantee: �
(whenever used herein the terms rater" and "graritee" include all the parties to this instrument and the heirs, legal representatives„ .and assigns of
individuals,and the successors and assigns of corporations,trusts and tees) �
i e h,that said grantor,for and lea consideration of the slime TENAND /(,alai T�I�T T "t CSl .al�l� d other gored
d valuable consideration to said grantor in hared paid by said grantee, the receipt whereof is hereby acknowledged, does r-
hereby rerrnise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest,
claims and demand which grantor has in and to the following described lased, situate, lying and being in Monroe County, �
Florida to-wit:
That portion of right of way of GARDEN STATE LANE lying West of scats 15,and 16,Block S,of �
CROSS KEY WATERWAYESTATES SECTION THREE, as recorded in Plat Book 6, at Page 61,
of the Public Records of Monroe County,Florida closed and vacated,more particularly described as
follows.
Begin at the Southwest cornerof Lot 15, dock, S, of CROSS THEY WATERWAY ESTATES
SECTION THREE,as recorded in Plat Book 6,at Page 61,of the urblic(records oforrroo ouarzty, a�
Florida, thence S881 O' 1p' , a distance of 12.50 feet: to the point on the centerline of
GARDEN
STATE LANE; thence 1'g00'00' 0"W, along said centerilne a distance of 6 .00 feet; thence
I881501311" , as distance of 12.50 feet to Intersect with the westerly line of aforesaid Lot 16, also
being the Easterly right of r ay line of saki GARDEN S"JC"A'1`E LANE,thence S 0100'tl0"E,alarm said
Easterly line,a distance of 65.00 feet to the point of Beginning.
The Property is conveyed subject to the following: 2
°
The property shall remain undeveloped,including landscaping,foliage,and structures. U)
B. If controlled access is installed,provisions for emergency access are required.
C. The road surface shall be rnairutained,providing adequate support for emergency apparatusand vehicles said �
access to water supplies for fire suppression. �
straacted width of
D, The Property shall be maintained as a fire department access road with a minim ob
20 feet,minimum vertical clearance of 13 feet 6 inches and a surface to support the imposed loads of a fire 19
apparatus. �
E. Si. shall e placed in a visible location to the public indicating that the Property is a fire depar east
access road,that it shall not be blocked,and that no vehicular parking shall be permitted thereon.
F. The access road shall be maintained at 4 minimum of its current length and shall comply with all of the
requirements set for in Florida Fire Prevention Code NFPA 1 Chapter lg.
G. if a gate or fence is to be placed across the entrance to the access road, it shall require a permit. Access
through the gate shall be provided through use of a loch born system as approved by the local fare
department.
H. Should a gate be installed,First Responders ers must have access.
T. No storage shall be permitted on the access road. �
J. Merits A.through 1.shall be a covenant running with the land in per. ity. �
To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise
appertaining,and all the estate,right,title, interest, lien, equity and claim whatsoever of grantors,either in law or equity,for
the use,benefit and profit of the said;grantee forever.
Packet Pg. 1692
In Witness Whereof,grantor has hereunto set grant&s hand and seal the day and year first above written.
n our,Signed,sealed and delivered'u presence:
w� d �
Witness Name:
�w
Witne
ss Name:
tI
STATE OF FLORIDA
COUNTY OF � ' "Su'Ale"n'-
MONROE
The foregoing instrument was acknowledged before me this --day of 'tl'1 , 419 y ],who is personally
known to me or has produced � � as i entlfa ati�sn. �
DEREK BARM Notafy public f!5
[Notary Seal] a, tjotafy jpPojt jc, Mats o�i a
f"� ^a @� 2*0
�ry n My Commission
Expires:
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Packet Pg. 1693
P.9.f
1
°gyp yral '
3 �
tcfi, � JVr
4 ,
5
7
8 MONROE COUNTY, FLORIDA
9' BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. ® 201
11
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF �
13 COUNTY COMMISSIONERS RENOUNCING AND
1.4 DISCLAIMING ANY RIGHT OF THE COUNTY AND PUBLIC �
15 IN AND TO THE RIGHT-OF-WAY OF GARDEN STATE
16 LANE, IN CROSS KEY WATERWAY ESTATES SECTION
17 THREE, ACCORDING TO THE PLAT THEREOF AS
18 RECORDED IN PLAT BOOK 6, PAGE 61, OF THE PUBLIC �s
1.9 RECORDS OF MONROE COUNTY, FLORIDA, BOUNDED �
20 ON THE NORTH AND 'WEST BY BLOCK 8 LOTS 17 AND 18; �
21 BOUNDED ON THE EAST BY BLOCK 8 LOTS 15 AND 16;
22 AND BOUNDED ON THE SOUTH BY GARDEN STATE
23 LANE; SECTION 14, TOWNSHIP 61, RANGE 39, KEY
24 LARGO, MONROE COUNTY, FLORIDA.
25
26 WHEREAS, an application was filed by property owners on Garden State Lane, to �
27 aabandonandon
2 Ike n o the right of way of Garden State Lane, in. Cross Key Waterway Estates Section Three,.
y g cording to the Plat thereof as recorded in Plat Book 6, Page 61, of the Public
2.9 Records of Monroe County, Florida„ bounded on the north and west by block 8 leas 17 and 18;
30 bounded on the east by block 8 lots 15 and 1.6; and bounded on the south by Garden State Lane;
31 and
U)
32
33 WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
34 renounce and disclaim any right of the County and the public in and to the hereinafter right of �
35 way; and
36 I�
37 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing
38 after publishing due notice of said hearing in accordance with said Chapter; and
39
40 WHEREAS, due notice has been published and a public hearing has been held in
41 accordance with Chapter 336, Florida Statutes; and
42
43 WHEREAS, at said public hearing, the Berard considered the argument of all parties
44 present wishing to speak on the matter, and considered the renouncing and disclaiming of any
45 right of the County and the public in. and to the hereinafter described right of way as delineated
46 on the hereafter described map or plan; and
File f#2018-231 Page I of 2
Packet Pg. 1694
1
2 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
3 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT IT HEREBY
4
5 1 Renounces and disclaims any right of the County and public in and to the
6 following described right of way, streets, alley-ways, roads, or highways as delineated on the
7 hereinafter described map or plat, to-wit:
8
9 THE PUBLIC;'RIGHT OFWAY DESCRIBED AS:
10
11 A portion o 'the Garden State Lane Public Right qffay, bounded on the north and west by block
12 8 lots 17 and 18; bounded on the east ky block 8 lots 15 and 16, and bounded on the south ky
13 Garden State Lane; section 14, township 61, range 39, Cross Key Waterway E'stales, Section
14 Three, Key Largo according to the Plat thereof as recorded in Plat Book 6, Page 61, cif the
15 Public Records (rf Monroe County, Florida and being snore tmrticularly de,sc-ribed asfi)lIovvs:
16
17 Commencing (it the., southwest corner of lot 15 block 8 of said Plat, thence N.00'00'00"W. for
18 6 7.00ftet, Hoene-e S.88"50'-31"WI for 25.00 feet, thence S.6(3-00'00"E.jbr 60.52feet to a point of (n
19 curvature, thence south")esterl y along a circular curve to the right havingfi)r its eletnents a
20 radius of 25.00 feet, a central angle of 13'49'31" for an arc, distance ref' 6.03jeet, thence
21 N.88,1150'-31"E.fi)r25.72feet to the point ol'beginning. containing 1670+1-S.F. of'land.
22
23 PASSED AND ADOPTED by the Board of County Commissioners ol"Monroe County, Florida, E
24 at a regular meeting of the Board held on the 19'h day of June 2019. 0
25
26 Mayor Sylvia J. Murphy
27 Mayor Pro Teas Danny L. Kolhage
0
28 Corniiiissioner Michelle Coldiron
29 Commissioner Heather Carruthers
Y) Commissioner David Rice
31 0
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32
33 BOARD OF COUNTY COMMISSIONERS
34 OF MONROE COUNTY, FLORIDA
E
-15
36
37 BY
38 (SEAL) Mayor Sylvia J. Murphy
39
40 ATTEST: KEVIN MADOK, CLERK
41 1106 Otd
42
43 By
44 Deputy Clerk A384 TA=WT0, L414TY ATTORNF-V
45 Date
File#2018-231 Page 2 of 2
Packet Pg. 1695
,Q_AL3`J:_;',C1FIC PURPOSE SKETCH
Proposed Road Closure
Scale: 1" = 25'
LEGAL -DESCRIPTION_]
A PORTtON OF RIGHT-OF-WAY'BFING 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 CORDED IN FLAT DOOR 6,AT PAGE 61,OF THE PUBLIC RECORDS,OF MONROE COUIqTY,
FLOP,DA BE[NG MORE PARTICULARLY DESCrI6E0 AS FOLLOrWS:COWEfICE ATTLIE SOU7HWESTC07RNER OF LOT 15 BLOCK 8 OF SAID PLAT,
THENCE N.00'00'00 W.FCR 67.00 FEET,THENCE SAW Wal"W,FOR 25rOO FEET,THENCE S 00'G(Y0C`E FOR 60.52 FEETTOA POINTOF CURVATURE,
THENCE SOUTHWESTERLY ALONG A,CIRCULAR CURVE TO THE RIGHT HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET,A CENTRAL ANGLE OF
IS'49'3i"FOR AN ARC DISTANCE OF&03 FEET,THENCE N,88'5731"E,FOP,25.72 FEET TO THE POINT OF BEGINNING.CONTAIN NG 1670�1-S.F.OF LAND
—6
NORTH
SH15013111W
Lot 1 E�ock 8) Lot 17-Bbck 8) (n
( 8-
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ED
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OyR
CD
D=13-49`31"
R=25 00
L=c), POINT OF BEC;II,qI%fflp,, 0
/2 5
N88'50 31`E
I SB8150131"W 57.80
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NOTE:
THE- PtJRPOSE OFTHIS SKETCH IS TO
CLOSE/VACATE A P0RT_1&,q E
OF GARDEN STATE LANE.
THIS IS NOT D10UND/-\R'1(SURVEY m
CER'FIFICATION:
GENERAL, NOTES: SLFRWYOR'�,Cr,.RTIFICATTON�I IIERE13Y CERTIFYTIiATTI 11S"511FC111C
PUI%1110qf 5I,1:E"C1 I IS A TRUE AND CORRI,"Cr RF,1r1r,
C��F,,NTATION OF A,
THIS SPECIFY C PURPOSE SURVEY HAS SEEN PREPARE FOR THE SURVE i YPREPARM Url',JDER MY DIRECTIO OMPLIPS Wfff 11-1 D_`
EXCLUSIVE USE OF l-FIE ENTITIES NAIME HLREON. TvIIN FIN41-ThI TECI-INIC�1�C)N
F; ill -,.7ANDARDS,AS E I I 13Y 1-111'STATFOPM OFUDA 130AI 'E5S1C>jAL S; &,TZ AND MATITIEN INTHE CERTIFICAT�CNS DO NOT EXTEND TO ANY UNNAI'211--_-D PARTIES. 11-1-TAT)TER 5J-17.051 7_)R,1rA 'A-1117 COIDE PURSUANT'['()
2) UNDERGROILIND PORTION OF FCOTONG,FOUNDATIONS OR OTHER I�UCTK)N 2.01 FIX,2UDA STATU�13`
IMPROVEMENTS WERE NOT LOCATED. d
CERTIFIED'"!Cl- .la rFORTi IE FIRTo
I PS 11 No.L101-STAIEOF FLO
v RIDA
NO7,/vvkLID,W,I1H0UTp AOJ�HEWICELECTRZ IC SIGNATURE AND
ARDEN STATE LANE '. y I MIS MAP IS NOT VALID AIMENTICI TLD ELYE� TRONIC SEAL A�
KEY LARGO, FLOR\0A 33037
,,,THO,,.T,,E ,�1zNAK.RE ANDT,E OR L RA SEQ
DATE 11-19-2018 SURVEYOR AND MA PER.
Packet Pg. 1696