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Item I4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 20, 2011 Division: Growth Management Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley Growth Management Director, Ext. 2517 AGENDA ITEM WORDING: Approval of a resolution setting May 18, 2011, 3:00 p.m. at the Murray E. Nelson Government & Cultural Center, Key Largo for a public hearing for a proposed abandonment of a portion of the right -of -way of the western half of King Street that is adjacent to Block 6 and Bluerunner Street in Anglers Park Subdivision, Key Largo. ITEM BACKGROUND: The petitioner has requested abandonment of a portion of the right -of -way of the western half of King Street, as described above, in order to install landscaping. The platted right -of -way for King Street was never constructed and the eastern portion of the right -of -way was abandoned in 2002 as memorialized by Resolution No. 541 -2002. A draft Quit Claim Deed has been submitted by the petitioner to staff for review that would deed approximately 12.77 square feet to the adjacent property owner in order to maintain 5 feet between the adjacent property owners driveway and the new property line that would be created by the abandonment. Prior to the May 18, 2011 public hearing, the Quit Claim Deed shall be signed and held in escrow pending a decision by the BOCC. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT /AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Adoption of resolution setting public hearing for 3:00 p.m. on May 18, 2011 at the Murray E. Nelson Government & Cultural Center, Key Largo. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes _ No N/A SOURCE OF FUNDS: N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty X OMB/Purchasing Risk Management _ DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM #, Revised 7/09 n 7 To: Monroe County Board of County Commissioners 8 9 From: Steven Biel, Sr. Planner 10 11 Through: Christine Hurley, AICP, Director of Growth Management 12 Townley Schwab, Sr. Director of Planning & Environmental Resources 13 14 Date: March 22, 2011 15 16 BOCC Meeting: April 20, 2011 (set public hearing) Ii May 18,2011 (public hearing) 19 20 REQUEST: The petitioner, Sally Stribling, has requested abandonment of a portion of the right -of -way 21 of the western half of King Street that is adjacent to Block 6 and Bluerunner Street in Anglers Park 22 Subdivision, Key Largo, in order to install landscaping on the platted right -of -way as shown in Platt 23 Book 1, page 159. It should be noted that the eastern portion of King Street was abandoned in 2002 as 24 memorialized by Resolution No. 541 -2002. 25 26 REVIEW: This petition has been reviewed by County staff and written recommendations of no 27 objection were received from Monroe County Engineering Services, Fire Marshal, Code Enforcement, 28 and the Monroe County Sheriffs Office. A letter of objection was received from the property owner 29 (Thomas and Shawn Dudley, Lot 16, Block 7) adjacent to the east of the right -of -way proposed for 30 abandonment. 31 32 The County Engineer has noted that there is an approximate 8 -inch portion of the Dudley's concrete 33 driveway within the area to be abandoned. In response, the applicant has drafted a Quit Claim Deed that 34 would deed 12.77 square feet to the Dudley's. This 12.77 square -foot area is located just to the south of 35 the Dudley's driveway and would provide for a 5 -foot setback between the Dudley's driveway and the 36 new Stribling property line created by the abandonment of the King Street right -of -way. The Quit 37 Claim Deed shall be signed and held in escrow prior to the public hearing on May 18, 2011. The area to 38 be deeded to the Dudley's is shown on a Sketch of Description prepared by David Massey Land 39 Surveying, Inc., dated January 21, 2011. 40 41 The Sheriffs office and Office of the Fire Marshal have no objections to the proposed abandonment. 42 43 By granting the abandonment, the County would be relieved of any liability for maintenance or any 44 unauthorized use of the right -of -way. 45 46 King Street was a platted right -of -way as shown on the plat of Anglers Park, Key Largo, Plat Book 1, 47 Page 159 of the public records of Monroe County. A portion of the right -of -way extending northerly King Street Right -of -Way Abandonment Petition Reviewed by Page 1 of 2 I from Adams Chit to approximately just north of another abandoned right -of -way (Tarpon Avenue) was 2 abandoned in 1959. From this point, the King Street right -of -way was further abandoned to 3 approximately the northern boundary of Lot 17 located in Block 7. This was memorialized by 4 Resolution No. 51 -1969. In 2002, Resolution No. 541 -2002 granted the abandonment of the eastern half 5 of the King Street right -of -way from Lot 17, Block 7 to the terminus with Bonito Avenue. If this 6 proposed abandonment is granted, it would complete the entire abandonment of the King Street right -of- 7 way. The entire area of right -of -way being requested is approximately 2,053.62 square feet. 8 9 10 Monroe County Code Section 19 -1 - Abandonment of rights -of -way states: 11 12 (a) No dedicated and accepted right -of -way in the county shall be abandoned where: 13 (1) the right -of -way terminates on a body of open water; or 14 (2) the right -of -way provides access to the public to land on open water; or 15 (3) the abandonment would preclude a way for the public to maintain access to the water. 16 17 (b) In all other cases of abandonment, no right -of -way shall be abandoned unless there is an 18 agreement to do so by all affected property owners. For purposes of this subsection, an 19 affected property owner is the owner of property which, if the right -of -way is abandoned, 20 will: 21 (1) Have access that is currently used by that property owner eliminated; 22 (2) Have the only platted access eliminated; 23 (3) Have the paved area adjacent to that property increased for turn- around purposes; or 24 (4) Be increased in size. 25 26 (c) A road may be abandoned only at the terminal portion of the road and in its full width unless 27 the abandonment will comply with the County Code requirements for road, turn- around, and 28 fire- rescue access and one of the following circumstances exists: 29 (1) An adjacent lot owner has on the platted right of way or within a setback a substantial 30 structure which predates the Special Session Law 59 -1578 pertaining to maps, plats 31 and right of way. The term "substantial structure" specifically does not include wood 32 or metal fences, sheds or tiki huts or other items not listed which are accessory 33 structures. 34 (2) The abandonment is requested by a County department or governmental agency for a 35 public purpose. 36 37 (d) The board of county commissioners considers these a restriction on the rights of individuals 38 who desire to abandon properties in accordance with F.S. § 336.09. 39 40 The requested abandonment of a portion of the King Street right -of -way, as shown on a Sketch of 41 Description prepared by David Massey Land Surveying, Inc., dated January 21, 2011 meets the criteria 42 cited above and is therefore suitable for abandonment. 43 44 RECOM1VENDATION: Staff recommends approval. King Street Right -of -Way Abandonment Petition Reviewed by Page 2 of 2 Petitioner: Sally Stnbling RESOLUTION NO. -2011 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF THE WESTERN HALF OF THE RIGHT - OF -WAY OF A PORTION OF KING STREET, ADJACENT TO BLOCK 6 AND BLUERUNNER STREET, ANGLERS PARK SUBDIVISION, KEY LARGO AS SHOWN AS RECORDED IN PLAT BOOK 1, PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways, WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on May 18, 2011, at 3:00 P.M. at the Murray E. Nelson Government & Cultural Center, 102050 Overseas Highway, Key Largo, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley- ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "A portion of King Street, adjacent to Block 6 and Blue Runner Street, all as shown on Plat of Anglers Park according to the Plat thereof, as recorded in Plat Book 1, at page 159 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commencing at the intersection formed by the dividing line between Lots 16 and 17, Block 7, and the East right -of -way line of King Street as shown on said Plat of Anglers Park; thence run in a Westerly direction along the Westerly extension of the dividing line between said Lots 16 and 17 for a distance of 25. 00 feet to a point on the centerline of said King Street and the Point of Beginning of the parcel hereinafter described; from said Point of Beginning continue in a Westerly direction along Westerly extension of said dividing line between Lots 16 and 17 for a distance of 25.00 feet to a point on the Westerly right -of -way line of said King Street and on the Easterly line of said Block 6, thence deflecting 90° to the right and in a Northerly direction run for a distance of 8.31 feet to the point of curvature of a curve concave to the Southwest and having for its elements a radius of 15. 00 feet, a delta angle of 141'55'00 "; thence run in a Northwesterly and Southwesterly direction along the arc of said curve for a distance of 37.15 feet to a point of tangency on the Southeasterly right -of -way line of said Blue Runner Street; thence run in a Northeasterly direction along the Southeasterly right -of -way of said Blue Runner Street for a distance of 78.28 feet to a point; thence deflecting 90° to the right and running in a Southeasterly direction for a distance of 4.47 feet to a point on the Centerline of said King Street, thence deflecting 51 °55'00" right and running in a Southerly direction for a distance of 76.42 feet back to the Point of Beginning. Containing 2,053.62 square feet, more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20` day of April, 2011 Mayor Heather Carruthers Mayor Pro Tem David Rice Kim Wigington George Neugent Sylvia J. Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Heather Carruthers MOI�RO COU 4fiif TTORNEY A VED AS T FORK' [ Date: '" '..r a a File #: 2010 -103 Owner's Name: Stribling, Sally Applicant: Stribling, Sally Agent: Hershoff, Lupino & Yagel Tvpe of Application: Road Abandonment Key: Key Largo RE: 00552190 - 000000 9 9 County of Monroe Growth Management Division Office of the Director 2798 Overseas Highway Suite #400 Marathon, FL 33050 Voice: (305) 289 -2517 FAX: (305) 289 -2854 Board of County Commissioners Mayor Sylvia I Murphy, Dist. 5 Mayor Pro Tern Heather Carruthers, Dist. 3 Kim Wigington, Dist. I George Neugent, Dist. 2 Mario Di Gennaro, Dist. 4 We strive to be caring, professional and fair Dear Applicant: Date: �. /, /0 Time: -z -ys This is to acknowledge submittal of your application for & Type of application Sf r & I to the Monroe County Planning Department. Project-/Name Thank you. Planning Staff a 0 APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT .:r Road Abandonment Petition An application must be deemed complete and in compliance with the Monroe County Code by the Staff prior to the item being scheduled for review Road Abandonment Application Fee: $1,533.00 In addition to the application fee, the following fees also apply: _ Advertising Costs: $245.00 M l O Date of Submittal: �� / /o a Month Day Year Property Owner / Petitioner: Agent (if applicable): 4uw oma! *er- I�,o�Ne uA6t,L Name Name M 'ling Address (Street, City, State, Yip Code) �Nr• �o�'• 8�•8 �1� Daytime Phone Ad N3d MAP �WH .15. ev " 0 10 Mailing Address (Street, City Code) Daytime Phone Email Address Description of roadway to be abandoned: 4rL,IAFJ--W Q 1f2jPiGfl4*W, QM Email Address r"t��_ Page 1 of 4 Last Revised ON2004 " 40 R APPLICATION E Legal description of contiguous property in which the abandoned roadway would become part: (If in metes and bounds, attach legal description on separate sheet) Block Lot Subdivision Key 66-65 2i 90.000000 1 &17.7 Real Estate (RE) Number Alternate Key Number Street Address (Street, City, State, Zip Code) Present use of the roadway to be abandoned: M 6 5 Approximate Mile Marker Proposed use of the roadway to be abandoned: Aar A. 4$dr.¢T 14ATi r a /AAA %.+ Total land area of the roadway to be abandoned: 2,6 ep �O 1 3Q Please provide all reasons for why the county should grant the road abandonment (if necessary, attach additional sheets): AJgbdkM Abandonment of rights -of -way: (a) No dedicated and accepted right -of -way in the county can be abandoned where the right -0f - -way terminates on a body of open water. (b) In all other cases of abandonment, no right -of -way can be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, if the right -of -way is abandoned, will: (1) Have access which is currently used by that property owner eliminated; or (2) Have the only platted access eliminated; or (3) Have the paved area adjacent to that property increased for tum- around purposes; or (4) Be increased in size. (c) The county commission considers these a restriction on the rights of individuals who desire to abandon properties in accordance with Florida Statutes Section 336.09. - All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required item to the application) �( Complete road abandonment application (unaltered and unbound); U Correct fee (check or money order to Monroe County Planning & Environmental Resources); Legal description of the portion of the roadway to be abandoned in metes and bounds; Q� Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); Page 2 of 4 Last Revised 02/2004 9 a Abandonment Petition, page two, reasons for abandoning: In 2002 Monroe County abandoned a portion of the east '/Z of King Street for Mr. Thomas Dudley whose property adjoins the east '' /z of the portion abandoned. This petition is for the west '/z of King Street behind the petitioner's home. The portion of King Street to be abandoned serves no useful purpose as a roadway. If the petition is granted the petitioner intends to replant the area with natural Florida Keys vegetation. 0 9 APPLICATION Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's -�/ property; 13 -***' Location map (i.e. copy of strip map, aerial photograph); gay Photograph(s) of the roadway to be abandoned; L� Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida registered surveyor — 12 sets (At a minimum, survey should include a legal description of the roadway; elevations; location and dimensions of all existing structures, paved areas and utility structures; roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the roadway to be abandoned should be marked with diagonal lines and the petitioner's property should be �y clearly delineated); L:J Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA); Florida Keys Electric Cooperative (FKEC) or Keys Energy Services; telephone utility, gas utility, cable utility, wastewater treatment authority, etc.); ❑ Letters of "No Objection" from all affected property owners (an affected property owner is a) one who would have a means of access to his or her property closed off as a result of the abandonment even though he or she may not actually use the right -0f - -way prior to abandonment or b) one whose property abuts the portion of the roadway to be abandoned); J✓ /, ❑ IF A CUL-DE -SAC OR "T- TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road being shortened. See Monroe County Code §9.5- 296(p). Your petition should specifically state your agreement to construct either the cul-de -sac or "T- type" turnaround per County Standard Specifications and Details. (Should you need additional information regarding this matter, please contact the Monroe County Engineering Department directly by phoning (305) 292 - 4426). If applicable, the following must be submitted in order to have a complete application submittal: ❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject If deemed necessary to complete a full review of the application, the Planning & Environmental Resources Department reserves the right to request additional information. Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the abandonment. The filing of a petition does not entitle one to abandonment. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the road is not a dedicated and accepted right -0f - -way (including by operation of law due to construction or maintenance by the County). Page 3 of 4 Last Rcdsed 0212009 0 a APPLICATION We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above - referenced street, alleyway, road or right -of -way as further depicted and described in the attachments. By signing below, I certify that I am fa ' ' with the information contained in this application, and that to the best of =e dini tion is true, complete and accurate. Signature of Applicant: Date: Sworn before me this day of -, ' 0Me. $ ••., CRYSTAL FAY SEMEN g B�� w 'bs : Notary Public - Slits of Florida • ': My Comm - Expires Nov 19, 2012 Commission I DD 839697 "still Bonded Through National Notary Assn 64? &C Ej Notary Public My Commission Expires Please send the complete application pa W tv nning & Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050. Page 4 of 4 Laal Rey iced 02/2009 E (Date) I hereby authorize g90Q UP—A10 f YA60 L 14f be listed as authorized agent (Nam Name of�Agent) for Sfi�lt° A 6 for the purpose of conducting all business necessary to (Name of Owner( / Applicant) process and obtain approval in regard to A8AABJA1'nENT )5W727%6A1 (Project Name) (Application Type) for Real Estate No(s): 060S�Zi QD - o06 00 from the Monroe County Planning and Environmental Resources Department. This authorization becomes effective on the date this affidavit is notarized and shall remain in effect until terminated by the undersigned. This authorization acts as a durable power of attorney only for the purposes stated The undersigned understands the liabilities involved in the granting of this agency and accepts full responsibility (thus holding Monroe County harmless) for any and all of the actions of the agent named, related to the acquisition of permits for the aforementioned applicant. Note: Authorization is needed from a caner of the subject property. Therefore, one or more authorization forms must be submitted with th plic if they multiple owners. wner / Applicant Signature Printed Name of Owner(s) / App NOTARY: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of 20 S C i I � S , Y j b l i rc � _ _ is _J_ personally known produced identification Type of Identification), did / did not take an oath. CRYSTAL FAY SEBBEN AQ w`�? Notary Public -State of Florida Notary ; My Comm. Expires Nov 19, 2012 � << P;= Commission # DD 839697 42008 Froperry Search -- Monroe County Property Appraiser Ervin A. Higgs, CFA Property Appraiser Monroe County, Florida Property Record View Alternate Key: 1677736 Parcel ID: 00552190 - 000000 Ownership Details Mailing Address: STRIBLING SALLY PO BOX 373180 KEY LARGO, FL 33037 Property Details http : / /nicpafl.org/PropSearch.aspx -0 office (305) 292 -3420 fax (305) 292 -3501 PC Code: 01 - SINGLE FAMILY Miilage Group: 500K Affordable No Housing: Section- 14 -61 -39 Township- Range: Property 449 BARRACUDA BLVD KEY LARGO Location: Subdivision: ANGLERS PARK Legal Description: ALL BLK 6 AND LOT 17 BLK 7 AND PT KING ST ANGLERS PARK KEY LARGO PB 1 -159 RES NO 51 -1969 OR434 -1082 OR439 -637/638 OR1468 -1316 OR1468 -1317 OR1721 -905 OR1848- 663/64 OR1848- 662AFF OR2436- 1844/45C/r Parcel Map 1 of 6 8117/2010 3:55 PM Property Search -- Monroe County Property Appraiser http : / /mcpafl.org/PropSearch.aspx Exemptions Exemption Amount 39 - 25000 HOMESTEAD 25,000.00 44 -AD DL HOMESTEAD ^^ 25,000.00 Land Details Land Use Code Frontage Depth Land Area 2 of 6 8/17/2010 3:55 PM Property Search -- Monroe County Property Appraiser http : / /rricpafl.orePropSearch.aspx 01 OD - RESIDENTIAL DRY 0 0 18,752.00 SF Building Summary Number of Buildings: 1 Number of Commercial Buildings: 0 Total Living Area: 2004 Year Built: 2002 Building 1 Details Building Type R1 Condition A Quality Grade 500 Effective Age 9 Perimeter 202 Depreciation % 9 Year Built 2002 Special Arch 0 Grind Floor Area 2,004 Functional Obs 0 Economic Obs 0 Inclusions: R1 includes 1 3- fixture bath and 1 kitchen Roof Type GABLE/HIP Roof Cover ASPHALT SHNIGL Foundation CONC PLINGS Heat 1 NONE Heat 2 NONE Bedrooms 3 Heat Src 1 NONE Heat Src 2 NONE Extra Features: 2 Fix Bath 0 Vacuum 0 3 Fix Bath 1 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 Intercom 0 7 Fix Bath 0 Fireplaces 0 Extra Fix 0 Dishwasher 0 1 of 6 811712010 3:55 PM rroperty Nearcn -- Monroe county Property Appraiser 0 a 16 FT 32 FT, FLA OPX 2004.20: g F7288 -B2 3 FT 32 FT. 14 FT 18 FT. G BF 54696 39 FT 30 FT V FT 4 FT 36 FT, 22 FT. A FT, OPF 8 FT_I-88.88 8 FT 35 FT Sections: http://mcpafl.org/PropSearch.aspx Nbr Type Ext Wall # Stories Year Built Attic A/C Basement% Finished Basement % Area 1 FLA. 5:C.B.S. 1 2002 N Y 0.00 0.00 2,004 2 OPX 5:C.B.S. 1 2002 N Y 0.00 0.00 288 3 GBF 5:C.B.S. 1 2002 N Y 0.00 0.00 540 4 OPF 5:C.B.S. 1 2002 N Y 0.00 0.00 288 Misc Improvement Details Nbr Type # Units Length Width Year Built Roil Year Grade Life 1 PT2:BRICK PATIO 56 SF 8 7 2002 2003 2 50 Appraiser Notes RE: 55202 & 552020 -000100 COMBINED FOR ASSESSING PURPOSES 9- 15 -89JMH Building Permits Bidg Number Date Issued Date Completed Amount Description Notes 0303905 01/29/2001 05/17/2002 1 SFR 4 of 6 8/17/2010 3:55 PM THIS INSTRUMENT PREPARED BY: HERSHOFF, LUPINO & YAGEL, LLP 90130 Old Highway Tavernier, Florida 33070 QUIT CLAIM DEED THIS QUIT -CLAIM DEED, executed this day of . 2011, by Sally Stribling, a single woman, whose address is P.O. Box 373180, Key Largo, FL Grantor, to Thomas E. Dudley and Shawn M. Dudley, his wife, whose address is P.O. Box 2843, Key Largo, FL Grantee: Grantor, in consideration of TEN & NO /100THS DOLLARS and other good and valuable consideration paid by the Grantee(s) to the Grantor(s) do hereby remise, release, and forever quitclaim to grantee that real property located in the County of Monroe, State of Florida, and more particularly described as follows: See Exhibit "A" attached hereby and made a part hereof Subject to taxes for the current and subsequent years. Conditions, restrictions and reservations of record, zoning ordinances, easements for the public utilities, If any, and existing mortgages. THIS INSTRUMENT WAS PREPARED WITHOUT BENEFIT OF A TITLE EXAM OR ISSUANCE OF A TITLE INSURANCE POLICY. TOGETHER WITH all the estate and rights of grantor(s) in such property. IN WITNESS WHEREOF, grantor(s) has /have executed this deed on the date first above written. Signed, sealed and delivered in the presence of: Print Name: Witness #1 Print Name: Witness #2 STATE OF FLORIDA COUNTY OF Sally Stribling The foregoing instrument was acknowledged before me this day of 1 2011, by Sally Stribling who is personally known to me or has produced as identification. My Commission Expires: Notary Public Print Name: ry -'Z o o�cg7ooaop�ppn�a C CL 0'o c Np]�. a 117 A7 "t0 °.� in F to.m .11� 1N�N'1p 3. 4 '• �1 =.• OK 'j�O7 �w ,g�TT nap DOppA T ; vC m �1 P 1O 0- n 11 O q Oton C A-0 -Q 70 "S 7 <N GL 7m 1 f. 1 O�0 ] j t A mNa 1 A a7NN ill ,np P,0 *�0. "P Me Zoo w p'• NOO;...0311P O p A " N 0 O C O -% 1 P� ] a" O ] N < N L�n4.PL 7 SN O m 7 n'�n c re �1n�P] "wS Po IJ " 7 Z 1 /A of Avon N A wA.. 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Bon Florido Certificate of Authorizotion No. LB 5956 Client: Stribling I nereer pMll7 IMI lM eurwr nere•n ees perlem"e ,weer rn7 etrocl eepereifien one " True erlemreel le Ine Ifefl •I mp eee.l.ep. en0 Section 14 Township 61 South Range 39 ost le el L y 17 el ine rbr ae pehl� TeeMkN Slaneeree la nories Survyre Monroe County, Flo da AeeeRfelroa.e . � F e CII..72.D77, .i No. 10785 Dro By: D.S.M. Scale: 1' n�1ar1 S- Massev. P.S.M. # 5125 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ru n na P ac O rh O n7 +1 '0 ' 1 7 7 7 7 '•1 o o ] lA � SYI Ny 3n p i Z m i a l '+ I o 7 a a N a D . .INn •!O nl 1 1 �n v I ri Its IS5.78' K I N G ru to I v 1 104.00' Plot L 0 T 1 7 BLOCK 7 I DAVID MASSEY LAND SUR Client: Dudl Section 14 To wnship 6 S outh, Range 39 .... Monroe County. 1 - - F.el00 no. No. 10785A Drawn By: D.S.M. SC OW: 1' N o e w w o z 7 w 3 q p n l n R A Am a N R w ] q a w J P J.P J ZHn T 3 • NN w i J a1 p ANA w va�a,� +t � Sq +1 ��P ,0 IIOwn 101 usgNPa7 a 1 +r j"J w K 0 P a P w a A q] x O pZlry; qw°•n 0�] A l - O A A J + t S Q g O n P n $ o O J SS ^ ww 3 0 3��7a ,Og P AAOso D�aS ;1AI q 7ao7 QAA�`C g an n A rAT T O A�,Oa CDII�I�''g 1 N w �n iT � �• 1t� A 1`t m 3` ., 5 n iA 8 2.61 00 .03- 1x1 or S O A R O y or A NR AA� t3- a �P]-0 J a A D -4 wAN T o ~ O �17 J AA O A or �rj 7 A a I n 1 a a nn n NA wn a w a 2 A CL U r A °; SAO N O N m ' x pp .0 r� 04 a F A C ] N -n n n O O D Q: i m 0 n "[ ! �Gi�CZ�aI�MCC���I�f� "GG I g l s�••n -n l IIIIIII I A - D C� D °D Q P I C \ l O n P C I l II w < CL M 3 tJ p I t33 I \ \\ Nd, - i C 9 td I 1, Pi N$ 1 1 < 0 1 ♦\ �'� \ \B o $ •' 1 1x1 I Z I 1 ♦ F�\ Z rn °+�ro \ I 1 `1 , B\ XOL- a I 4 t 43.46' C c p Plot � 1 t/1 of �� '" ♦� 1 76.42 0. In a , - N o f S T R E E T >a`4�,' rim N ti I ♦♦ I L O T 6 BLOCK 7 1 I I 25' Plat 25' Plat Phone• (305)853 -0086 / Fox: (300853 -023: INC. 0 — micas Hiahway / P.O. Boa 619 Tmemier, Florida Certificate of Authorization No. LB 6956 NOT VALID WITHOUT THE Mnay candy that tht awvey Mean .w paAwnat undo my dreel ul enLtPn wo is tr 0. carnet to IM anal el my tule.rage ena SIGNATURE AND aman ttbl. TAi raeukb of Cs. 5J -17 01 1M nxrita THE ORIGINAL Ianlln ,� Wni TaeMi SttrMaraa for flames Slnayars RAISED SEAL apyer arswnt Cn. a7x.ox7, r.s. OF A FLORIDA LICENSED SURVEYOR AND MAPPER P.S.M. N 5125 DAVID MASSEY LAND SUR Client: Dudl Section 14 To wnship 6 S outh, Range 39 .... Monroe County. 1 - - F.el00 no. No. 10785A Drawn By: D.S.M. SC OW: 1' N o e w w o z 7 w 3 q p n l n R A Am a N R w ] q a w J P J.P J ZHn T 3 • NN w i J a1 p ANA w va�a,� +t � Sq +1 ��P ,0 IIOwn 101 usgNPa7 a 1 +r j"J w K 0 P a P w a A q] x O pZlry; qw°•n 0�] A l - O A A J + t S Q g O n P n $ o O J SS ^ ww 3 0 3��7a ,Og P AAOso D�aS ;1AI q 7ao7 QAA�`C g an n A rAT T O A�,Oa CDII�I�''g 1 N w �n iT � �• 1t� A 1`t m 3` ., 5 n iA 8 2.61 00 .03- 1x1 or S O A R O y or A NR AA� t3- a �P]-0 J a A D -4 wAN T o ~ O �17 J AA O A or �rj 7 A a I n 1 a a nn n NA wn a w a 2 A CL U r A °; SAO N O N m ' x pp .0 r� 04 a F A C ] N -n n n O O D Q: i m 0 n "[ ! �Gi�CZ�aI�MCC���I�f� "GG I g l s�••n -n l IIIIIII I A - D C� D °D Q P I C \ l O n P C I l II w < CL M 3 tJ p I t33 I \ \\ Nd, - i C 9 td I 1, Pi N$ 1 1 < 0 1 ♦\ �'� \ \B o $ •' 1 1x1 I Z I 1 ♦ F�\ Z rn °+�ro \ I 1 `1 , B\ XOL- a I 4 t 43.46' C c p Plot � 1 t/1 of �� '" ♦� 1 76.42 0. In a , - N o f S T R E E T >a`4�,' rim N ti I ♦♦ I L O T 6 BLOCK 7 1 I I 25' Plat 25' Plat Phone• (305)853 -0086 / Fox: (300853 -023: INC. 0 — micas Hiahway / P.O. Boa 619 Tmemier, Florida Certificate of Authorization No. LB 6956 NOT VALID WITHOUT THE Mnay candy that tht awvey Mean .w paAwnat undo my dreel ul enLtPn wo is tr 0. carnet to IM anal el my tule.rage ena SIGNATURE AND aman ttbl. TAi raeukb of Cs. 5J -17 01 1M nxrita THE ORIGINAL Ianlln ,� Wni TaeMi SttrMaraa for flames Slnayars RAISED SEAL apyer arswnt Cn. a7x.ox7, r.s. OF A FLORIDA LICENSED SURVEYOR AND MAPPER P.S.M. N 5125 P.S.M. N 5125 ROBERT C. STOBER JESSICA B. REILLY DUSTIN T. NICHOLS October 4, 2010 Mr. Steven Biel, Sr. Planner Monroe County Planning Department Marathon Government Center 2798 Overseas Highway Suite 400 Marathon, FL 33050 RE: Stribling Road Abandonment Petition Dear Steven, 9155 S. DADELAND BLVD., SUITE 1012 MIAMI, FLORIDA 33156 (305) 670 -7546 OF COUNSEL RON SAUNDERS. STATE REPRESENTATIVE LAND USE COORDINATOR PETER D. BACHELER As a follow up to the referenced petition, we offer the following historical information from county records as additional information. Referring to exhibit "A" the enlarged portion of the plat of Anglers Park subdivision block 6 and 7 and lots 16 and 17. Note the position of King Street in relation to block 6 and lot 17. Referring to exhibit "B" a copy of county Resolution No. 51 - 1969 you'll note that King Street was abandoned in relation to block 6 and lot 17. Exhibit "C" is a copy of 10/26/09 survey drawing number 10309 detailing the lot lines of Block 6 and Block 7 lot 17. Note the area just to the left of Block 7 lot 16 a portion of King Street. In 2002 the owner of Block 7 lot 16 requested the abandonment of King Street to the west of lot 16. The survey for this request is exhibit "D ". County Resolution No. 541 - 2002 is the granting of the abandonment, exhibit "E ". The owner of Block 7 lot 16 received his one -half of the abandoned portion of King Street. The Road Abandonment Petition for the West one -half of King Street left over from the 2002 resolution is being made by the owner of Block 6 and Block 7 lot 17, see exhibit "F ". The owner of Block 7 lot 16 is not an affected property owner as they have already received one -half of the abandonment (exhibit "E ") and the circumstance does not fit the criteria of County Code section 19 -1 Abandonment of rights of way (b) (1), (2), (3) and (4). Law Offices Hershoff, Lupino 9914Yagel, L.L.P. ATTORNEYS AT LAW ALL CORRESPONDENCE TO: JAY A. HERSHOFF 90130 OLD HIGHWAY JAMES S. LUPINO TWERNIER, FLORIDA 33070 RUSSELL A. YAGEL (305) 852 -8440 JESSICA ROTHENBERG FAx (305) 852 -8848 ROBERT C. STOBER JESSICA B. REILLY DUSTIN T. NICHOLS October 4, 2010 Mr. Steven Biel, Sr. Planner Monroe County Planning Department Marathon Government Center 2798 Overseas Highway Suite 400 Marathon, FL 33050 RE: Stribling Road Abandonment Petition Dear Steven, 9155 S. DADELAND BLVD., SUITE 1012 MIAMI, FLORIDA 33156 (305) 670 -7546 OF COUNSEL RON SAUNDERS. STATE REPRESENTATIVE LAND USE COORDINATOR PETER D. BACHELER As a follow up to the referenced petition, we offer the following historical information from county records as additional information. Referring to exhibit "A" the enlarged portion of the plat of Anglers Park subdivision block 6 and 7 and lots 16 and 17. Note the position of King Street in relation to block 6 and lot 17. Referring to exhibit "B" a copy of county Resolution No. 51 - 1969 you'll note that King Street was abandoned in relation to block 6 and lot 17. Exhibit "C" is a copy of 10/26/09 survey drawing number 10309 detailing the lot lines of Block 6 and Block 7 lot 17. Note the area just to the left of Block 7 lot 16 a portion of King Street. In 2002 the owner of Block 7 lot 16 requested the abandonment of King Street to the west of lot 16. The survey for this request is exhibit "D ". County Resolution No. 541 - 2002 is the granting of the abandonment, exhibit "E ". The owner of Block 7 lot 16 received his one -half of the abandoned portion of King Street. The Road Abandonment Petition for the West one -half of King Street left over from the 2002 resolution is being made by the owner of Block 6 and Block 7 lot 17, see exhibit "F ". The owner of Block 7 lot 16 is not an affected property owner as they have already received one -half of the abandonment (exhibit "E ") and the circumstance does not fit the criteria of County Code section 19 -1 Abandonment of rights of way (b) (1), (2), (3) and (4). For the aforementioned reasons we request the petition be moved forward. Regards, Ok ez � l 1 Peter D. Bacheler Land Use Coordinator Encl: exhibits A through F cc: client "A"JorA AIV. 4 12 a ..Meow A.—malL 1.1 is dr 14 zz ri 24 is 7 as i ST J zo ?9 !o at AIV. 4 12 a MEN OCT Y� Nam �� NNNIM11111111 -', 9 111 MEN OCT Y� RESOLUTION NO. 51 -1969 WHEREAS, the Board of County Commissioners of Monroe County, Florida has been petitioned to renounce and disclaim any right of the County and the public in and to the hereinafter described street, alley -way, road or highway as delineated on the hereinafter described map or plat, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing no objections were made to the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described street, alley -way, road or highway as de- lineated on the hereinafter described map or plat, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby renounces and disclaims any right of the County and the public in and to the following de- scribed street, alley -way, road or highway as delineated on the hereinafter described map or plat, to -wit: That portion of King Street as shown on plat of Anglers' Park, On Key Largo, as recorded in Plat Book 1 at Page 159 of the Public Records of Monroe County, Florida, lying North of the North Right of Way line of Barracuda Avenue and East of the East boundary line of Block 6 and West of the West boundary line of Lot 17 of Block 7 and South of the Westerly extension of the dividing line of Lot 16 and Lot 17 of Block 7, all as shown on said plat of Anglers' Park. 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I I°� r .. 6N I + ML; E ) fiY b�Nr�.r$� w o IJ + / �1� • ' 'S $7 r ry e r�tii"re ry • r�`a.>'.r "' 'N 9 'Id .00'6L / P' °o Y u�A 1 S ty( ° r g ` r a o ,l "a 1J-11 aI1S N N 8�d ��es e>�y����y •'N O3 !N« dar o �N�r Dr VN6M � Va i 9 N I N a 91 IN, _ •� �� j � t� I t j � • a a IIIIIIIIIIII }il I , \ \ d \ \ : : : f ' ,�.�' •.ra.v� � � �r•J��� I / �\ .7 ,� \ �' c \ Qom \ \ \ \ ° a i N, \ \ g �+ W o Ln n ' x o� aty�l[��.aL�: I I I I rj °i.'u� 1.7.TUls x a yj I p I j i n' m a u 11 mda \� hfl LC U 0 o:4 In o Petitioners Thomas & Shawn Dudley H W no N �*1 RESOLUTION NO. 541 - 200_2 r >.. 0 ao C F3 x A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF 0 � MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF N THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF KING STREET, ANGLERS PARK SUBDIVISION, KEY LARGO, MONROE COUNTY FLORIDA w"I X N WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to "' r* renounce and disclaim any right of the County and the public in and to the hereinafter N ,0 described streets, alley -ways, roads or highways, and N H 0 WHEREAS, due notice has been published and a public hearing has been held in (� accordance with Chapter 336, Florida Statutes, and ,� F- L) WHEREAS, at said public hearing the Board considered the argument of all parties N present wishing to speak on the matter, and all premises considered concerning the N �, renouncing and disclaiming of any right of the County and the public In and to the hereinafter described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road Is for the general >° public welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; x now, therefore, •e �n r rr BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby renounces and disclaims any right of the County o OD and the public in and to the following described streets, alley -ways, roads or highways as s delineated on the hereinafter described map or plat, to -wit: w A PORTION OF KING STREET, CONTIGUOUS TO LOT 16, BLOCK 7, ANGLERS PARK, no ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 159 OF THE o cj PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY x CrI DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 16; THENCE RUN IN A NORTHERLY DIRECTION ALONG THE WEST LINE OF SAID LOT 16 AND THE EAST RIGHT - OF-WAY LINE OF KING STREET FOR A DISTANCE OF 79.00 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST HAVING FOR ITS ELEMENTS A RADIUS OF 25.00 FEET AND A DELTA ANGLE OF 90 DEGREES; THENCE RUN ALONG THE ARC OF SAID CURVE IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 39.27 FEET TO A POINT ON THE SOUTH RIGHT -OF -WAY LINE OF BONITO AVENUE; THENCE RUN IN A WESTERLY DIRECTION ON THE PROLONGATION OF THE SOUTH RIGHT - OF- WAY LINE OF BONITO AVENUE FOR A DISTANCE OF 34.07 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF BLUE RUNNER STREET; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF BLUE RUNNER STREET FOR A DISTANCE OF 25.82 FEET TO A POINT ON THE CENTERLINE OF OCT nr. zJ KING STREET; THENCE RUN IN A SOUTHERLY DIRECTION ALONG THE CENTERLINE OF KING STREET FOR A DISTANCE OF 83.67 FEET; THENCE DEFLECTING 90 DEGREES LEFT FROM THE LAST DESCRIBED COURSE GO A DISTANCE OF 25.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16 AND THE POINT OF BEGINNING. CONTAINING 2,572.24 SQUARE FEET, MORE OR LESS. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 20th day of November, 2002. w I n 7C N r [ 0� Lo �N +e N� N� N 7 ff 7 Mayor Spehar ems_ CO Pro Ten Nelson yes Kxu McCoy yes r Neugent yes p Yes BOARD OF COUNTY COMMISSIONERS L.KOLHAGE, Clerk OF MONROE CO , FLORIDA B y By puty Clerk Mayo Chairperson V -D OYED AS TO FOR A 6111 SUFFIC B ZANNE H ON DATE ��p O cc +� N C) (.) co J = a W F� OC -j CD LL- N U o �.. J V Cz W U ' o cc J I L C c = Q Z C= 1 y w I n 7C N r [ 0� Lo �N +e N� N� N 7 ff 7 FILE #135139 i BK#i1.859 PG* 1244 y This Copp is a Trtte Copy - Ziw Original on File in this Oi[iae . my hand and Official Seal. This __ZA day of-... A.D.. 20 a L NNY L. , HA GZ lurk t nrt nc �r y y !r i r. OF FLOWDA) COUNTY OF M0111B0 y This Copp is a Trtte Copy - Ziw Original on File in this Oi[iae . my hand and Official Seal. This __ZA day of-... 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It p o ^ r.V I 1 '9 f I 1 rq 0 1 I 3 ISS.76' Plat \ I b N q SUBJEC / � 1 I K I N G fjAR '\ — — — — I (2)83.68' D. c I I STREET ^� '$ 104.00' Plot 104.00' Plot�� `\ > 1 b l L 0 T 1 7 I L 0 T 1 6 BLOCK 7 BLOCK 7 I I I I I I I 17 Ih.t :�• n.1 � W is d a es Phone: (305)833 -0088 / Fax: DAVID MASSEY LAND SURVEYING, INC. I... ar erseae Highway / P.O. Box I Client: Stribling I Florida Certificate of Authorization No. LB 6956 14 , Township 61 South. Range 39 East I� Monroe Cou Florida Meldbook No. 153 471.077, r Mrxk7 e.nily that the survW Iar17n 121 rlHonlwd urldsr . di agavisien and s lrlw 711d eerrsel to loo oast e1 . kraolV eM most. .This 1 s�ur T ve s y , .1111 IM nxnlYlmm�b el Ch. 1d -17 of IM floride VOA/PM — 7172.0271 Slmldonls for rhwlde Survgws M a Cn. s. No. 10442 Drawn By: D.S.M. Scale: 1' w 401David S. Massey, P.S.M. A 5125 NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER 1' rt N m, IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA WASHINGTON MUTUAL BANK Plaintiff vs. CASE NO. 44- 2008 -CA- 000231 -P GREGORY D. GANIM et al T Defendant 3 v r C n zn x C-1 CERTIFICATE OF TITLE °? %D ;)0 The undersigned Clerk of the Court certifies that he or she executed and filed av-rtAcatl 70 n _ m of Sale in this action October 8. 2009 , for the property described herein and -' ^ CD -.a that no objections to the sale have been filed within the time allowed for filing objectidAns. The following property in Monroe County, Florida: SEE ATTACHED LEGAL DESCRIPTION DocV 1763533 10/20/20 3:05PM Records was sold to: SALLY STRIBLING MO�NROE COUNTY DANNY�L. KOLNAGE of c/o COLDWELL BANKER 10/20/2909 3: DEED DDC STAMP CL: TRINA $1,396.0 100430 Overseas Highway Lazo Florida 33037 Doap 1763533 Key g Bkp 2436 Pop 1844 WITNESS MY HAND AND SEAL of this Court on October 19.2009 LM L.KOLHAGE he Court BID AMOUNT: $ 228.000.00 9 a DoeN 176353sN 1845 BkN 2436 LOT 17, BLOCK 7 AND ALL OF BLOCK 6. ANGLER'S PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. TOGETHER WITH THAT PORTION OF KING STREET AS SHOWN ON PLAT OF ANGLER'S PARK ON KEY LARGO, AS RECORDED IN PLAT BOOK 1, AT PAGE 159 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF BARRACUDA AVENUE AND EAST OF THE EAST BOUNDARY LINE OF BLOCK 6 AND WEST OF THE WEST BOUNDARY LINE OF LOT 17 OF BLOCK 7 AND SOUTH OF THE WESTERLY EXTENSION OF THE DIVIDING LINE OF LOT 16 AND LOT 17, BLOCK 7, ALL AS SHOWN ON SAID PLAT OF ANGLER'S PARK. MONROE COUNTY OFFICIAL RECORDS Engineering Department MEMORANDUM To: Ms. Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E. Director of Engineering Services Date: November 9, 2010 Re: Sally Stribling Road Abandonment Petition — King Street File #2010 -103 I have reviewed the above referenced road abandonment petition and have no objections. County codes require full width abandonment except in certain circumstances and given that the other half of this right of way was previously abandoned it would make sense to abandon this portion as well. If you have any questions or need any additional information, please feel free to contact me by telephone at 305- 295 -4329 or by email at clarke iudith(w monroecount y�fl.gov Thank you. E l6 F� � U r NOV 10 2010 j MONROE GO P L A NINING DEPT. Engineering Department MEMORANDUM To: Ms. Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E. Director of Engineering Services Date: December 7, 2010 Re: Sally Stribling Road Abandonment Petition — King Street File #2010 -103 This memo addresses an issue that was brought to my attention after I reviewed the above - referenced road abandonment petition and provided a response on behalf of the Engineering Department. I received a telephone call from Mr. Dudley who is the owner of the property at 550 Bonito Avenue, which is adjacent to the right of way proposed to be abandoned. Mr. Dudley indicated that his county permitted driveway goes over the area of the abandonment and he was told that he would have to get an easement if the right of way was abandoned; therefore he was protesting the abandonment. I had Joe Stickney, Engineering Inspector, visit the site to determine whether the driveway was within the area proposed for abandonment. Joe confirmed that an eight inch portion of the concrete driveway is within the area to be abandoned and then the driveway extends into the right of way of Blue Runner, which will remain a public right of way. Two pictures showing the area are attached. Based on this I do not feel that the location of the driveway will impact the abandonment. I am unsure whether an easement for this minor portion is necessary; however that may be a question for County Attorney. If you have any questions or need any additional information, please feel free to contact me by telephone at 305- 295 -4329 or by email at clarke- iudith(a),monroecounty- fl.gov Thank you. C UNTYMONROE KEY WEST FLORIDA 33040 (3D5)294.4641 OFFICE of the FIRE MARSHAL 490 63` Street Marathon, FL 33050 PHONE: (305) 289 -6010 FAX: (305) 289 -6013 Townsely Schwab Monroe County Planning Director Monroe County Growth Management November 4, 2010 Re: Stribling - File #2010 -103 Road Abandonment Dear Townsely, BOARD OF COUNTY COMMISSIONERS Mayor Sylvia J. Murphy, District 5 Mayor Pro Tern Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 The Monroe County Fire Marshal's Office has no objection to the abandonment petition indicated above. There is no road currently constructed, and the surrounding road provides adequate access to the structures in the area. If you are in need of further information or have any questions, please do not hesitate to call. Cc: James Callahan, Fire Chief I p(; I)EPT Sincerely, she no j SUBSTATIONS Freeman Substation 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305) 745 -3184 FAX (305) 745 -3761 Marathon Substation 3103 Overseas Hwy. Marathon, FL 33050 (305) 289 -2430 FAX (305) 289 -2497 October 26, 2010 Monroe County Sheriff's Office Robert P. Peryam, Sheriff 5525 College Wpad Rey West, Florida 33040 (305 292 -7000 FAX: (305 292 - 70701 -800- 273 -COPS www. keyss o.net j l_ C l� U Li �1 NOV - 1 2010 Hershoff, Lupino & Yagel, LLP Attn: Peter D. Bacheler, Land Use Coordinator - • tin 90130 Old Hwy. Tavernier, FL 33070 NVIN''Ruc GO. rl AN INQ DEPT. lslamorada Substation 87000 Overseas Hwy. REF: Anglers Park Subdivision, west %z King Street, Block 7, lot 16 and block Islamorada, FL 33036 7, lot 17 Northeast of block 6 Southeast of Blue Runner and South of bonito (305) 853 -7021 FAX (305) 853 -9372 Ave. Roth Building 50 High Point Road Dear Mr. Bacheler: Tavernier, FL 33070 (305) 853 -3211 FAX (305) 853 -3205 This letter is in response to your Road Abandonment Request. I conducted an DETENTION CENTERS on -site inspection on the above location and recommend approval of the listed abandonment on Anglers Park Subdivision, west %2 King Street, Block 7, lot 16 Key West Det. Center and block 7, lot 17 Northeast of block 6 Southeast of Blue Runner and South 5501 College Road Key West, FL 33040 of bonito Ave. (305) 293 -7300 FAX (305) 293 -7353 Should you have any questions or need any further assistance, please contact Marathon Det. Facility me. 3981 Ocean Terrace Marathon, FL 33050 (305) 289 -2420 �Sincerell, FAX (305) 289 -2424 Plantation Det. Facility 53 High Point Road Plantatinn Key, Fl 33070 Capt. Lou Caputo, Commander (305) 853 -3266 District 7 FAX (305) 853 -3270 Monroe County Sheriff s Office SPECIAL OPERATIONS P.O. Box 500975 Marathon, FL 33050 (305) 289 -2410 FAX (305) 289 -2498 AVIATION DIVISION 10100 Overseas Hwy. Marathon, FL 33050 FAX ( 2 305 ) 289-2776 FAX 305 COMMUNICATIONS / 2796 Overseas Hwy. Marathon, FL 33050 (305) 289 -2351 a< e e t t FAX (305) 289 -2493 is �.eti� c®rm MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION BUILDING DEPARTMENT We strive to be caring, professional and fair TO: Townsley Schwab, Planning Director FROM: Ronda L. Norman, Sr. Director, Code Enforcement DATE: December 6, 2010 RE: Road Abandonment Request - Sally Mnblmg This purpose of this memo is to advise you that an inspection of the above mentioned property or properties associated with the road abandonment was conducted and our findings are as follows: Inspector Brian Corcoran inspected the property in question and confirmed that two vehicles were currently being stored on the county right of way. The vehicles are also in violation of county code as to the capacity and/or lack of current registration. These vehicles should be removed from the County Rights of Way and the subject property. These vehicles appear to be the same ones shown in the exhibits submitted by the petitioner for the abandonment. Code Compliance would object to abandonment of any property that would further facilitate the practice of keeping, parking or storing abandoned vehicles or vehicles in violation of county codes on either private property or the County's Rights of Ways. A copy of this letter is also being provided to the County Biologist for inspection of possible understory vegetation removal. If you have any questions, please feel free to contact me. Cc: Inspector, Brian Corcoran County Biologist, Dave DaSilva E www.fkaa.com ftb A •• O' �O ' Florida Keys Aqueduct Authority Post Office Box 1239 1100 Kennedy Drive Key Key West, Florida 33041 -1239 Telephone (305) 289- 6161l' • 400 June 18, 2010 David C. Ritz Chairman Key Largo Rose M. Dell Vice- Chairman Big Pine Key Antoinette M. Appall Secretary/Treasurer Marathon J. Robert Dean Key West Elena Z. Herrera Rockland Key James C. Reynolds Fwar AdiVR Dirar for Peter D. Bacheler 90130 Old Highway Tavernier, Florida 33070 RE: Abandonment of a portion of King Street, adjacent to Blk. 6, & 7 And Blue Runner Street, Anglers Park Subdivision. Dear Mr. Bacheler: The FKAA Board of Directors approved at the June 17, 2010 meeting, the above referenced project. Pursuant to your request for the abandonment of the above - reference property, Staff has researched your request and have no objection to the abandonment. The FKAA has no facilities in the above referenced property and there is no future need for facilities on that property. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Mamie Thrift Distribution Design Specialist MT /cma c: Kirk Zuelch, General Counsel Roy Coley, Director of Maintenance Dept. Monroe County Building Department April 5, 2010 Hershoff, Lupino & Yagel, LLP Attn: Peter D. Bacheler, Land Use Coordinator 90130 Old Highway Tavernier, FL 33070 Dear Mr. Bacheler, �k Re: Anglers Park Subdivision, the west % of King Street, block 7, lot 16 and block 7, lot 17 northeast of block 6 southeast of Blue Runner and south of Bonito Avenue This letter is in response to your Road Abandonment Request received in our office. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC) has reviewed the survey you provided and has no objection to the abandonment of the proposed portion shown on the survey. Should you have any questions please feel free to contact me. Sincerely, 1` Keith Kropf, PE Director of Engineering April 30, 2010 Hershoff, Lupino & Yagel Attention: Peter D Bacheler 90130 Old Highway Tavernier, Florida 33070 RE: Proposed abandonment Anglers Park Subdivision, the west' /2 of King Street, Block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and South of Bonito Avenue. Dear Mr. Peter D Bacheler, Comcast has no objection to the abandonment of the west' /2 of King Street, block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and South of Bonito Avenue. If you have any questions or are in need of further information please contact me at 305- 809 -1255. Sin7;, Greg Daniels Lead Construction Technician Comcast Cable, Florida Keys E VIV KEY LARGO WASTEWATER TREATMENT DISTRICT POST OFFICE BOX 491; 98880 OVERSEAS HIGHWAY KEY LARGO, FLORIDA 33037 (305) 451 -4019 PHONE (305) 453 -5807 FAX March 31, 2009 Mr. Peter Bachelor Hershoff, Lupino & Yagel, L.L.P. 90130 Old Highway Taverneir, FL 33070 Re: Anglers Park Subdivision, the west '' /z of King Street, block 7, lot 16 and block 7 lot 17 northeast of block 6 southeast of Blue Runner and south of Bonito Avenue Dear Mr. Bachelor, This letter will serve as proof of preliminary coordination of the above- referenced project with the Key Largo Wastewater Treatment District. I understand that this is a single family home located in Basin B, Phase 5 of our service area; and have no objection to a building permit being issued. Please contact our office at 305453 -5804 if you have any comments or questions. Sincerely, Margaret H. lank, cc: File December 1, 2010 Mr. & Mrs. Thomas E. Dudley 550 Bonito Ave. / PO Box 372843 Key Largo, FL 33037 Shawnmarie 1972aa,belIsouth.net Ph. 305 -451 -3540 Fax 305- 451 -4031 DEC 6 2010 I l �1 ��: ;,,►. PI ..,[.,. DEPT. RE: Abandonment of King Street located in Anglers Park Subdivision, the west 1 /2 of King Street, block 7 (north), lot 16 and a fraction of northeast block 6, bordering the southeast of Blue Runner. Attention: Monroe County Planning & Environmental Resources Department, We, Thomas E. Dudley and Shawn M. Dudley, do object to the application filed by Sally Stribling, owner of Block 6 for the abandonment of the northwest section of King Street referenced above. The east side of this small section of King Streit abuts our property as well as Blue Runner Avenue. Conveyance of this abandonment to the owner of Block 6 will block my property from Blue Runner Avenue. Due to the location (my property on the east and Blue Runner on the north west) of the proposed abandoned section, we feel we are entitled to ownership over any other property owner. Sincerely Thomas E Dudley & Shawn M. Dudley Cc: Susan Grimsley Gail Creech Townsley Schwab Steven Biel Judith S. Clarke u December 29, 2010 Mr. & Mrs. Thomas E. Dudley 550 Bonito Ave. / PO Box 372843 Key Largo, FL 33037 Shawnmarie 1972a,bellsouth.net Ph. 305 - 451 -3540 Fax 305- 451 -4031 1j hp, CO. PI.I ;':1 �"U DEPT. Re: Follow up to letter dated December 1, 2010 regarding the abandonment of King Street located in Anglers Park subdivision, the west 1 /z of King Street, block 7 (north), lot 16 and part of northeast block 6, bordering the southeast of Blue Runner. Attention: Monroe County Planning & Environmental Resources Department, We would like to come to a fair resolution between the property owners involved. This matter has come to the realization of many to be a concern for Sally Stribling (owner of block 6) and ourselves, the Dudleys (owners of block 7). We have come up with two possibilities in the fairness of both property owners based on the location of the abandonment that should appease both parties. By viewing the attached drawings, we have illustrated our suggested solutions to dividing the portion of King Street which abuts the entire east half we already own. Upon reviewing the Road Abandonment Petition application, a letter of "No Objection" from all affected property owners must be submitted in order to have a complete application. Without such letter, Sally Stribling's application is incomplete. If Sally Stribling does not agree to one of these suggestions, we feel the portion in question should remain as is. We are requesting to be notified by Monroe County Planning & Environmental Resources Department as to when this matter will be address and included in the BOCC's agenda Sincerely, Thomas E. Dudley & Shawn �udfey Cc: Susan Grimsley Gail Creech Townley Schwab Steven Biel Judith S. Clarke o r : \ (( LL�� I I •rr77�, a ]I p si ■ � i , �i r. * \ ° I I -Q. X. to W I —,— I o ru F \ \ I rt+p(pS y ■ D 83.67' \ if L2 N \ 9 AO SUBJECT � P. � S T R E E T .. Je �gF�npTTeFS ",' _QiF °S� ° PS t i "pa INRA3 :oq ! °'to 104' Plot / \. ^ "$•+ X : :BN. + „ 'P"�R .J� ♦ 79.00' Pl. 6 M. W 4.9 .9 K \gy y�m��w gO 5';,p ° ,r'f + M1 i q r `"I < a 0 . {" �t� ( vNr r 3 gQ$ :�;R ; "M. ;3R O 1V,li°Pi'w'Z� a9p sa; V �O 4 + 8V I wv , I ry eg$4,c °.- „.II$�^ -” ;$.° I w oe4 c ��� Q�a - -- 104 Plat '• i I i �'�;�; °� ±; ;� °s;5 °mod _ °, I° I to VO ~ O + 9. I z O of ° z , z i _ X. {uy — i� r 8 ,.+ � w+�m °� w I I . r µW I � m V V °, " U — �4 ,v _ C D l7 i VI o Z) Go ° D S • 8 .' w I O 'p O _ 104' Plot I _ 23" Pt 23' PI. - r 2 1 1n n— a � — 4 104.05 n M. ♦ 24.95 K I I w ^ _s : a $ �' N 8 ' O S ° Z Z Ll r �� ���. n + p �� I - .6 "1 J�d'$ "; o'$ Sgr�S� O o -"9 o � °g nain s•$- -s ° " g] �° o r r S" �p� 1Ga v0 .r a al ( $ D 1 3 + r ty ga a� I a < I oORp6c'ggvo. ;X�S gono t-7 �a I V ♦ , I I rrt , v] raF R �L`G: ° �nA _ 104' Plat o o � R' o — � 103.81 + M, � I � I , na m � R ug: • Z w o A, tz Ina_ I o I m , �y•',�� " Pn i C3 P . ^ �f r r I a o � g .� Sn 't •Q Ao �n V C (] , I P I , n o a ag o, ma v I ` t7 - x, I I I s $ n o z R , $ 'b _. a o a i li x N o ° > R 3 R N w z `�. 7[ :•� I .. I I I ova w ^ O +• y e+ o oa P a o "Rc a 10409' - ___M . 2491' K 'I I -- ° -.'.., — 104' Plot - -- X23 - "Pl, L. I PI. I g�° I r4 L 0 T 1 2 13 B L O C K 7 ° I s,: DAVID MASSEY LAND SURVEYING INC. Phone: (305)853 -0068 / Fax: (305)853 -0233 88888 Overseas Highway / P.O. Box 619, Tavernier, Fl. 33070 Client: Dudley Florida Certificate of Authorizotion No. LB 6956 Section 1 - Township 61 South, Range 39 East I h•raby erWy that the .unry hereon rmed under m wo. direct .uP.nd.o ^d le tue NOT VALID WI F. WITHOUT 7H SIGNATURE Key Largo Monroe , and camect to the bes of my knowledge and belief, auney mub the nyuinme^ta of Ch. 61617 of the n•rlaa �^" +•Irau•e AND THE County, Florida ^ cads, Minimum iechnica4 Standard. lur nondo Sungor. ORIGINAL • ^d APP Pursua to Ch 477,027, F,S. RAISED SEAL Surveyed: 2 -19 -01 Fieldbook No, L -55 David S. Massey. P.S.M. # 5125 OF A FLORIDA Ur,ENSED SURVErOR AND MAPPER I Drowing No, 455 Drawn 8y. D.S.M. Scala: 1" - 30' xs � i i /rte • ?I J P D N O 11.1 p n § I , �• l�t ( o Novi I I "� I srIQCIT . , N p 7 7 7 441ir o � � l i l °• a a ><II����IIIIII N �t I rt — 1 \ k K 1 N c ` r� k U ±Lj 8 T �� ^ g t I - S J>✓ q \ p - ru N SUBJECT use S T R T �gF ° » Ti °� €5 , ^QiF °5 FS�Iii� w;P .PARCEL Pg * 79.00' PL L M. 4.9 H r $ w�.�r4�.<zg� < °e:,"'�f� °�t�"+�s7 » °• >� w1� +/ ' rJJ c. (yf r� M "�o ° , $w `• I mo 4 : ° r v �d C3 i ° r � r L +�, -I v o L US i j o T a to ID 5 I o d 4 ^ .n O O y p w L Y A n O ��A�I / �•n' �o,A� '. ° I o e 104' Pint �� I I I ys QQ `�•°< o , ^ IFw to p to I ° N , y O P I° L ry]� (J yy p N• ♦4 N _ (/l O V n p D ZIOD �ya '� &� A I, al� Q i bM ^' Sw SA�'gOG_�Ol<�Z �� �O BOND 9 d ° plot a d I I , I I N°'i$oo Q2ag3o3§ OCR^ � °aw 25' 25' Pl. -- 104.05 ° ; a.i Xa, n_ °•a °$X SuC °io' * M. 4 24.93 M. _. I I w a v� 2 $,° • ad `c' !.i ° a ' �° I I 1 I I = 7a3 = °o sgsjra- ZZ^yA v LA LA O CR ° I ^o I I �u°i5g °a ^�i 3'i;� Rn�$��"8 R1 Aj �A J P _ r r •O, I ' ° e4,.r (/1.5 yNPf) $ Vl } °g e� ' g C +IAM 3 � .r- -1•^ fQ A V I °A1? (7 P I I aE °,7io'q ;i I Via, ,a M 7 0 - rn — 104' Plat �� I. I Z I <�i n — •r,� �s ° ^.6•w g A * 103.81 * M. I I °n Ln ° n ox �^$ �. 4 r r I IA � 0 �11i v O 1 i W p I I i I I r 'a ar' = n n a fU c n f") — I ?I I I I s S ' ° '� 2 a a'g ° ^.sao o a.x .�_ �. 7c ��• I ° i I , 0 3 } o S. $ 3 R 3 N5. A a a a C) � r— V- * if 24.91 H I L . � 3 0 v` I �; 104' Plot P� 25M "P4 23' I Pl, �° •S. �4 �§,• L 0 T 1 2 1 d I Pu , d E L 0 C K i E 1 DAVID MASSEY LAND SURVEYING, INC. Phone: (305)853 -0066 / Fax: 305)853 -0233 88888 Overseas Highway / P.O. Box 619, Tavernier, Fl. 33070 Client: Dudley Florida Certificate of Authorization No. LB 6956 NOT VALID Section 14 Township 61 South, Range 39 East I huaby cartlly that the IurvaY ryarmn roa plAOrmld und.r my died WITHOUT TIIF. With. iT and b true and conacl to the Dad If my ano.ladgo and SIC14ATURE AND Ddtd. Thu wrvay maab th1 r.yutrlminb of Ch 61017 of lh1 Florida Key Largo Monroe County, Florida �dminMr -IN. Code. Mlnunum T¢hnicoi Standard° for Florida surveyors THE ORIGINAL and uavv vurauont to Ch 472 027, r.s. RAISED SEAL Surveyed: 2 -19 -01 Fieldbook No. L -55��� OF A FLORID4 666...��GG_; LICENSED SURVEYOR Drawing No, 4552 Drawn By; D.S.M, Scale: 1' ry 30 David S. Massey, P.S.M. 5125 AND MAPPER