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Item K4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 19, 2014 Division: Growth.Management Bulk Item: Yes X No — Department: Planning & Environmental Resources Staff Contact Person/Phone#: Christine Hurlev, Ext. 2517 Joseph Haberman, Ext. 2532 AGENDA ITEM WORDING: Approval of a resolution setting the time and place of December 10, 2014, 3:00 p.m. at the Marathon Government Center for a public hearing to consider a request for the abandonment of a portion of the fight-of-way of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (east of the center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida. ITEM BACKGROUND: The petitioner has requested abandonment of a portion of the right-of-way of Peninsular, as described above and shown on the attached boundary survey, in order to improve access to and from an adjacent nonresidential development, commonly known as Oceanside Marina. PREVIOUS RELEVANT BOCC ACTION: On June 30, 2014, the BOCC approved an abandonment of a portion of the right-of-way of Peninsular Avenue located immediately to the west of the proposed abandonment. The approval was memorialized in Resolution #116-2014. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATION: Adoption of a resolution setting public hearing for 3:00 p.m. on December 10, 2014 at the Marathon Goverm-nent Center, 2798 Overseas Highway, 2nd Floor, Marathon, Florida. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty-2d OMB/Purchasing_Risk Management DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# I ,. Petitioner: Oceanside Investors, LLC MONROE COUNTY, FLORIDA. RESOLUTION NO. -2014 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PART OF THE WESTERN PORTION OF THE RIGHT-OF- WAY OF PENINSULAR AVENUE; BOUNDED ON THE NORTH BY PART OF LOT 32, LOT 33, LOT 34 AND LOT 35 IN BLOCK 46 OF MALONEY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; HOUNDED ON THE WEST BY A PREVIOUSLY ABANDONED PORTION OF THE PENINSULAR AVENUE RIGHT-OF-WAY (RESOLUTION NO. 1I6- 201.4); BOUNDED ON THE SOUTH: BY PART OF LOT 2 AND LOT 3' IN BLOCK 60 OF MALONEY SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND HOUNDED ON THE EAST BY THE WESTERN BOUNDARY LINE OF THE MALONEY AVENUE RIGHT-OF-WAY. WHEREAS, an application was filed by Oceanside Investors, LLC to abandon a portion of Peninsular Avenue on Stock Island that is located between Blocks 46 and 60 (cast of the center of Lot 32 in Block 46) in Maloney Subdivision, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida; and 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, 2 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on December 10, 2014, at 3:00 P.M. at the Marathon Govermnent Center, 2798 Overseas Highway, 2nd Floor, Marathon, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley-ways, roads, or highways as delineated on the hereinafter described map or plat, to-wit: "Peninsular Avenue, dying between Block 46 and 60, South of the East 1/�, of Lot 32, Lots 33, 34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to Malones' subdivision oj'a part of'Stock Island, Monroe County, Florida as recorded in Plat y Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more particularly described as follows: Begin at the Southeast corner of Lot 35 of said plat; thence West along the North Right-of-Way line of Peninsular- Avenue for a distance qf .175.00feet to the Southeast corner of said West V2 oj'Lot 32; thence South along the Southerly extension o 'the West line oj' the East '/, of Lot 32 16r a distance of 60.00 ftet to the South Right-qfl Way line of Peninsular Avenue; thence Fast along the said South Right-of-Wqy line of Peninsular Avenue (Northerly line of said Lots 2 and 3)Jbr a distance qf175.00 feet to the Westerly line ofMaloney A venue; thence North along the said Westerly line of Maloney A venue,lbr a distance of60,00jeet to the Point of`Beginning PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of Monroe County, Florida, at a regular meeting held on the I 91h of November, 2014. Mayor Sylvia Murphy Mayor pro tem Danny L. Kolhage Commissioner Heather Carruthers Commissioner George NeUgent Commissioner David Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor Sylvia Murphy (SEAL) ATTEST: AMA' HEAVILIN, CLERK Approved as to Form and Legal Sufficiency Deputy Clerk Assistant County Attorney MEMORANDUM MONROE COUNTY PLANNING& ENVCROCVMENTAL RESOURCEs DEPARTMENT To: The Monroe County Board of C aunty Commissioners Through: Christine Hurley, AICP, Director of Growth Management Townsley Schwab, Senior Director of Planning & Environmental Resources From.: Joseph Haberman, AIC:P, Planning &Development Review Manager Date: October 30, 2014 Subject: A public hearing to consider approval oilf'resolution renouncing and disclairrring any right cifthe County and the public in and to a portion of the right-vf wqy clf Peninsular Avenue on Stock Island that is located beNa een Blocks 46 and 60 (cast of the center of"Lot 32 in Flock 46) in Maloney , ubdivision, as recorded In Plat Rook 1, Page 55 of the Public Records cxf'Monroe County, Florida (Rile 92014-132) Meeting: November 1.9, 201.4 (Request to .advertise)f December 10, 2014. (Public Hearing) l I REQUEST: 2 3 The petitioner has requested abandonment of a portion of the right-of-way of Peninsular 4 Avenue. The petition involves the segment of Peninsular .avenue that is west of the 5 Peninsular Avenue and Maloney Avenue intersection. 6 r 10 12 13 14 1 1. ������'%//i////%%//ii%ii�i%i////i/%0/ �9�1�, ,�f'��Y," e r✓l�1�iq'�dl� lufJ f J����5� /. �,�ili�'i/ kl'r6 a 'r I! m I i i 15 % i If 1 17 19 18 s '�Oil, ^, u 21 m 22 2324 p�r1 25 26 r �/Proposed Abandonment(oartiinedfhatched in red) 'age 1 of 5('File#2014-'132) (Aerial dated 2012) 1 Applicant/Petitioners: Agent: Barton W. Smith, Esq., Smith Oropeza, P.L. 6 Property Owner: Oceanside Investors LLC 7 8 11 REVIEW OF APPLICATION: 9 10 The proposed abandoned portion is described as follows: 11 12 "Peninsular Avenue, lying between Block 46 and 60, South of the East 1/2 of Lot 32, Lots 33, 13 34, & 35 in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to 14 Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat 15 Book 1, Page 55, of the Public Records of Monroe County, Florida, and being more 16 particularly described as follows: Begin at the Southeast corner of Lot 35 of said plat; thence 17 West along the North Right-of-Way line of Peninsular Avenue for a distance of 175.00 feet 18 to the Southeast corner of said West '/2 of Lot 32; thence South along the Southerly extension 19 of the West line of the East !/2 of Lot 32 for a distance of 60.00 feet to the South Right-of- 20 Way line of Peninsular Avenue; thence East along the said South Right-of-Way line of 21 Peninsular Avenue (Northerly line of said Lots 2 and 3) 'for a distance of 175.00 feet to the 22 Westerly line of Maloney Avenue; thence North along the said Westerly line of Maloney 23 Avenue for a distance of 60.00 feet to the Point of Beginning" 24 25 The road abandonment petition was Submitted by one of the only two property owners that 26 are considered affected by the Monroe County Code (MCC). 27 28 The following parcels are adjacent to the section of the subject road segment: 29 ........ ........Parcel (RE #) Platted Lots Adjacent to Segment of Property Owner Peninsular Avenue to be Abandoned 00127420.000000 Block 60, Lot 1, Lot 2 and Lot 3 Oceanside Investors LLC 00126210.000000 Block 46, Lot 30 Monroe County 00126220.000000 Block 46, Lot 31 Monroe County 00126230.000000 Block 46, Westerly V2 of. Lot 32 Monroe County 00126200.000000 Block 46, Easterly 1/2 of Lot 32, Lot Tortuga West I lomeowners 33, Lot 34 and Lot 35 Association 30 Note 1: Parcel is currently in the process of being purchased by Oceanside Investors LLC 31 32 The portion of the right-of-way to be abandoned is bounded to the north by part of Lot 32 33 and Lots 33, 34 and 35, bounded on the west by a previously abandoned portion of the 34 Peninsular Avenue right-of-way (Resolution #116-2014), bounded on the south by part of 35 Lot 2 and Lot 3, and bounded on the east by the western boundary line of the Maloney 36 Avenue right-of-way. 37 38 The applicant, the property owner of Oceanside Marina, has requested abandonment in order 39 to improve access to and from their nonresidential development. 40 Page 2 of 5 (File#2014-132) I This petition has been reviewed by County staff and utilities and documents of no objection 2 were received by the following: 3 ® Tortuga West Homeowners Association, Inc. (email dated October 2014) 4 0 Monroe County Engineering Department (memorandum dated October 6, 2014) 5 o Monroe County Code Compliance Department (pending) 6 e Monroe County Office of the Fire Marshal (pending) 7 0 Monroe County Sheriff's Office (letter dated September 23, 2014) 8 0 AT&T(letter dated August 25, 2014) 9 0 Florida Keys Aqueduct Authority (pending) 10 * Keys Energy Services (letter dated August 20, 2014) 11 0 KW Resort Utilities, Corp. (pending) 12 * Comcast(letter dated August 25, 2014) 13 14 'The BOCC has to the authority to grant abandonments of dedicated and accepted rights-of- 15 way under jurisdiction of the County in accordance with MCC §19-1. MCC §19-1, 16 Abandonment (?f rights-of-wq.Y, provides the following provisions and criterion for granting 17 abandonments. 18 19 (a)No dedicated and accepted ri�,ht-ql-*way itr the counly shall be abandoned where: 20 21 (1) The right-qt-*way terminates on a body of open water; or 22 23 The portion of the right-of-way to be abandoned is bounded to the north by part of 24 Lot 32 and Lots 33, 34 and 35, bounded on the west by a previously abandoned 25 portion of the Peninsular Avenue right-of-way (Resolution #116-2014), bounded on 26 the south by part of Lot 2 and Lot 3, and bounded on the east by the western 27 boundary line of the Maloney Avenue right-of-way. 28 29 At no point does the portion of the right-of-way to be abandoned terminate on a body 30 of open water. 31 32 (2) The right-of-'way provides access to the public to land on open water; or 33 34 The segment ol.'Peninsular Avenue to the west has already been abandoned pursuant 35 to Resolution #116-2014. 36 37 The portion of the right-of-way to be abandoned does not provide access to the public 38 to land on open water. 39 40 (3) The abandontnent would preclude a way for the public to maintain access to the 41 water: 42 43 The segment of Peninsular Avenue to the west has already been abandoned pursuant 44 to Resolution#116-2014. 45 Page 3 of 5 (File#2014-132) I The portion of the right-of-way to be abandoned does not provide access to the public 2 to land on open water. 3 4 (b) In all other cases of abandonment, no right-qf-way shall be abandoned unless there is an 5 agreement to do so by all qf,4,ct(,d property owners. l,or purposes of this subsection, an 6 affected p ectedproperly owner~ is the owner of roperty which, ff'the right-qf-wqv is abandoned, 7 will: 8 9 There are three affected property owners, Oceanside Investors LLC, Monroe County 10 (property is under contract to purchase by Oceanside Investors LLC) and Tortuga West I I Homeowners Association. Oceanside Investors LLC is the applicant. Tortuga West 12 Homeowners Association submitted documentation stating no objection. If the BOCC 1.3 opts to approve this application, the approval shall also constitute the required agreement 14 by the County as an affected property owner to carry out the abandonment. 15 16 (1) Have access that is currently used�y that property owner elhninated,- 17 18 Existing access drives to/from would be affected. However as the property owners 19 would acquire portions of the rights-of-way, the access that is currently used would 20 not be eliminated. 21 22 (2) Have the only platted access elinfinated; 23 24 Only one of the affected properties (owned by Monroe County) meets this criterion. 25 26 The two existing access drives to/from the Oceanside Investors LLC property are 27 located along the platted Peninsular Avenue roadway. However, one of' the access 28 drives is situated due south of the platted Maloney Avenue's southern terminal point 29 (the Maloney Avenue/Peninsular Avenue intersection). Access at this point 30 technically occurs from both Maloney Avenue and Peninsular Avenue. 31 32 The existing access drive to/fi-om the Monroe County property occurs along the 33 segment to be abandoned. However as Monroe County would acquire the portion of 34 the right, of-way north of the centerline, the access that is currently used would not be 35 eliminated. 36 37 (3) flave the paved area at#acent to that properly increased fir turn-around purposes; 38 or 39 40 For the purpose of allowing vehicular traffic to turn around, an appropriate design 41 will be required by the Office of the Fire Marshal and the Public Works Division. 42 43 (4) Be increased in size. 44 Page 4 of 5 (File#2014-132) I Two affected properties meet this criterion (owned by Oceanside Investors LLCM and 2 Tortuga West Homeowners Association), as both affected properties would be 3 increased in size as a result of the abandonment. 4 5 (c) A road may be abandoned only at the terminal portion elf the road and in its full width 6 unless the abandonment will comply with the County Code requirements for road, turn- 7 around, grad fire-rescue access and one oj'the following circumstances exists: 8 9 (1) An adjacent lot owner has on the platted right-of-waY or within a setback a 10 substantial structure which predates the Special Session Law 59-1578 pertaining to 1.1 maps, plats and right-cif-way. The term "sub,oantial structure" specifically does not 12 include wood or metalfimces, sheds or tiki huts or other items not listed which are 13 accessory structures. 14 15 For the purpose of allowing vehicular traffic to turn around, an appropriate design 16 will be required by the Office of the Fire Marshal and the Public Works Division. 17 18 (2) The abandonment is requested by a counlY department or goi,ernmental agency,for a 19 public purpose. 20 21 ""'he abandonment is requested by a private property owner, not by a County 22 department or governmental agency. 23 24 (d) The board of county commissioners considers these a, restriction on the rights of 25 indiOduals who desire to abandon properties in accordance With FS. §336 09. 26 27 Not applicable. 28 29 111 RECOMMENDATION: 30 31 Upon receipt of all required documentation, the Growth Management Division recommends 32 approval, Page 5 of 5 (File#2014-132) wM TV Y PON y`M � k LIJ F y� Ell 011 TZ � rrxa Ala I wR l l a '' "j IN ?pro y, ,.I ,' x a MO Val A On Eg j ws�r na r �I G:�a7 r ua �ro J rwa M Cb 4* +.r's � rra "G U Hi �.} 4lb RW � Gy p y2.. 0 rv7 0 0 .7 IS L7 C7 4y 4`� q C7 boa � Ck d? G..3 Kam? Q AM C„a Cat�C7� J MIA �^a aoo �� Mid— t^7 hope "~5 tali � x,. Ownerlss Name: Oceanside Investors LLC Oceanside Investors LLC Aqentg Barton W. Smith, Esq. StockType of Ap !ication: Road Abandonment Kgy:. Island 00127420.000000 Additional Information added to File 2014-132 Co unty of Monroe Growth Management Division Planning&Environmental Resources Board of County Commissioners Department Mayor Sylvia Murphy,Dist,L 5 2798 Overseas Highway,Suite 410 Mayor Pro Tem Danny Koffiage, Dist, I Nlw athori,FL 33050 Heather CaITUthers,Dist,3 Voice: (305)289-2500 David Rice,Dim,4 FAX: (3051289-2536 George Neugent,Dist,2 Date: —2-.Lq.�/ Time: Dear Applicant: o This is to acknowledge submittal of your application for Type of application I& to the Monroe County Planning Department, Project/Name Thank you. 0 0 Planning Staff 4:� End of Additional File 2014-132 �'V JI '1� i'10" MC NROE CC)I:.NT" PLANNING& ENVIRONMENTAL TAL RESOURCES DEPARTMENT A Y�����f'�,✓%4 AIYIK;M ..,V-Y.„ mu;u. ,A n .. i f,.. . Road Abandonment Pe tion ryarrrrmryurrirarrt✓rni✓iurrriivarrrrriirxrlrarrir✓i✓raaonarrrrrrr,rrrirrnxreru�xxiinar��urmuir,rnuttimprirriu✓rU�i,ir, r i i i � r , ���, -rr i w✓i ✓I r r ✓rir+rr,iraaiiuix�nriin�riikxrri,a,runxirraii�rrx�urt'„ux�rrraeur�rnmrmi»ur✓�rrrrrir+,saaarumrumiiYm��r+urr�miciim.uuir�auia��ar +x,rox�r irs, m�iimirr��raauar�r^rai�rxrr�ururrurxru�rama�maxumamrarvr�maurxuuui�rarua�iiraKirarfou; ai�wauaurrrraraiiuru�rxrr�,rrmair� and � compliance� ��� �� Staff ,An application must be deemed complete as� � th the Monroe County Code lry the St°afff prior to the item being scheduled for review Road Abandonment ApplicationFee: ` 1,533.00 n axddilrcrar tra the applieution fie, thefidlowa"n f e al.`'o rajlp y: Advertising Costs: $24 .00 Date ol*Snhrnittaal. eras / z .....w_�..w...�2 . Month Day Year Property Owner/Petitioner: Agent(if applicable): Oceanside Investors,LL.C: Barton W. Smith,Esq., Smith Orc>p za,Pl_ Narwrc _ ..�_._... Name 1010 Kennedy Dr., Suite 302 Key West., Fla.33040 138-142 Simonton St_Key West,IT 33040 Mailing Address(Street,City, State,Zip(.ode) ...—_- Mailing;Address(Street,City,State,lily Code) 305-296-7 227 Please see Agent Daytime Phone Darytirwre Phone Please see Agentr barrtfca srnnhorol.eza.om;nick@smithoropeza.com Email Address mail Address Description of roadway to he abandoned: Roadway to be abandoned is West end of Peninsular Avenue, South Stack Island. Road is approximately 175 feet long and approximately 60 feet wide. Petitioners seek the abandonment for the following reasons: Abandonment is sought to allow current road area to be subsumed into Oceanside Investors adjacent Marcel to facilitate development of parcel, Legal description of contiguous property in which the abandoned roadway would become part: (If in metes and bOUnds,attach legal description on separate sheet) Legal Description of Oceanside: Investors. LLC Property atad"1 or°tuga West Homeowner's Association, Inc. Property at Tab I Pape 1 of 4 1 ka" kcd H �'2(11H \1111 ,11 10"\ Block Lot Subdivision Key(island) ...... Real Estate(KE)Number Alternate Key Number Street Address(Street,City, State,Zip Code) Approximic Mile Marker Present use of the roadway to be abandoned: None Proposed use of the roadway to be Development of Oceanside Investors, LIX's abandoned: adjacent parcel Total land area of the roadway to be abandoned: Approximately 10,500 square feet Please provide all reasons for why,the county should grant the road abandonment(if necessary,attach additional sheets): Abandonment will optimize use ol'petitioneCs property, and provide a benefit to the County by improving surrounding; area, including increasing property values and decreasing criminal activity. Abandonment will prevent errant traffic flow born disturbing adjacent residential community, Monroe County Code Section 19-1 -Abandonment of'rights-of-way states: (a) No dedicated and accepted right-o f-way in the county shall be abandoned where: (1) the right-of'-way terminates oil a body of open water; or (2) the right-of-way provides access to the public to land oil open water" of, (3) the abandonment would preclude a way for the public to maintain access to the water, (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners, For purposes of this subsection, all affected properly owner is the owner of property which, ifthe right-of-way is abandoned, will: (1) Have access that is currently used by that property owner-eliminated; (2) Have the fully platted access ehininated,- (3) 1 lave the paved area adjacent to that property increased for turn-around purposes; or (4) Be increased in size. (c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with the County Code requirements ft,)r road,turn-around, and fire-rescue access and one of the following circumstances exists: (I) Air adjacent lot owner has on the platted right of way or within as setback a substantial struct tire which predates the Special Session Law 59-1578 pertaining to maps,plats and right ofway. The term "Substantial structure"' specifically does not include wood or metal fences, sheds of-tiki huts of-other items not listed which are accessory stnictures. (2) The abandonment is requested by a County department or governmental agency for a public purpose. (d) The board of county commissioners considers these a restriction oil the rights of individuals who desire to abandon properties in accordance with F.S. § 336 09. Page 2 of 4 k vN i,,cfll 07 210 0 All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each required iteni to the application) F11 Complete road abandonment application (unaltered and unbound), Correct fee(check or money order to Monroe County Planning& Environniental Resources); Legal description of the portion of the roadway to be abandoned in metes and bounds; A17AC HED AT'I'AB 2. El Proof of ownership of the petitioner's property(s)(i.e. Warranty Deed); Al"FACHED A'1' 1',XB 3, ED Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's property; Al"FACHED A'I' 'J'A13 4. ID Location map(i.e.copy ofstrip inap, aerial photograph); ATI'AC HED Al"I'AB S. FAI 111botograph(s) of the roadway to be abandoned; AlTACHED A"J''I"All 6" El Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida registered surveyor — 12 sets (At a rnininiuni, 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. 'I'lie portion of the roadway to be abandoned sliould be niarked with diagonal lines and the petitioner's property Should be clearly delineated); INCIXI)ED. Letters of "No Objection" from all utility companies (Flojida Keys Aqueduct Authority (FKAA); n Florida Keys Electric Cooperative (FKEC) or keys Energy Services; telephone utility, gas utility, cable utility, wastewater treatment authority, etc.); LETTERS FROM MONROE C(AIN'ry SHERRIFF"S 0HRIT, KEYS ENERCV SERVICES, CONICAST, AND AT&T PROVIDED. ADDITIONAL REQUIRED LETTERS 11.) BE PROVIDED SURSEQUENTTO Al"I'LICATION SUBMISSION, []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 fie or she may not actually use Ifie right-of-way prior to abandonment or b) one whose property abuts the portion of the roadway to be abandoned); LE"I"I'ER FROM 'roRTUGA M4.1ST HOMEOWNERS ASSOCIATION, IN(1% IfO BE PROVIDED SUBSEQUEN"J' 'I'O APPIACA'FION SUBMISSION, E] 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(j)), Your petition should specifically state your agreement to construct either the cul-de-sac or""I"-type"turnaround per Count),Standard Specifications and Details. (Should you need additional inforination, regarding this inatter, please contact the Monroe County Engineering Departnient directly by plioning (305) 292-4427). APPLICAN'f DOES N01' AN11CIPAIT 'FlIAl' A CUL-DE-SAC Oil "I'A"YPE 'I'URNAROUND IS REQUIRED, HOWEIVER I APPLICANT AGREL"S I'0 ("ONSTRUC."I' A (..1JL-DE1-SAC OR T-l"YPE I'URNAROUND PER CIOUN'l"Y' S'FANDARD SPECIFICATIONS AND DE"J'AILS 1FREQUIRED. If applicable,the following must be submitted in order to have a complete application submittal: El Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) rwlviousix suimn­rED. It' deemed necessary to complete a full review of the application, the Planning & Environmental Resources Departinent reserves the right to request additional inforination. Page 3 of 4 .v,p [6'N kvd W 2H N 0 ANTI( 1k, l N)"I" Petitioners agree to be responsible for and pay for all costs of adveilising 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 fior the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same eXterlt ZIS 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-of-way (including by operation of law due to construction or maintenance by the County). We hereby petition the Honorable Board of Cotjn y� Commissioners to renounce and disclahn any right of the Counq,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 familiar with the information contained in this application, and that to the best of my knowledge such information is true, complete and accurate. Signature of Applicant: Date: Sworn before me this day of TIFFANY NICOLE GARCIA .69 y ormnission Expires W COMMSSION#FF 03M23 otary Public EXPIRES:Jdy 7,2017 RV Bonded Thru Wary PuMic Underwkers Please send the complete application package to the Monroe County Planning& Environmental Resources Department, Marathon Government Center, 2798 Overseas Highway, Suite 400,Marathon, Fl,33050. Page 4 of 4 kv\kvO 0- OCEANSIDE INVFSTORS,I,AX $950—6970 FeubkMalar Aveane StOrk Island,Haride LEGAL DE,SCRIM,10N Thftt pm of land as more particubwly desmibed as fbilows. UPLAND TERMINUs BOUNDARY LNE: 67 Sout% Range 23 Fwt, Stg)ck 1AWd, M(Mme County, F awash A Nine:befi%the Wafennrd BOWWary Line as of july 1, 1975,lying in Hmvk Chwmcl i0 Sft-don 36 T ip fallo": 'lorkk and be4 mom Particulwly dcuaiW as Commenoe at the NoMew Corner Oft ot 3,Elo&61,"GWrp MaDDIWds Pht of&Pail of St b W,, wcording to the Plot tWwf as ftoorded in Plat Book 1,PA90 35,of the Public Records of M ock Im Om"County,Florles, thOnce SOU113 W 0000"Ezstw along the pAst line of said Lot 3,a diftnuv,of 25&64 fed more or 1cm to tile Wata-ward Boundary Line as of July 1.1975,and die Point ofBegiubing ofthe berelp descrilmd lirw,jhanc*South 880 441 591,Wesk a dist=g of 5S.05 feet thenmSouth 91'26'201 Wes4 a distimce of 1.3,41*d,dwaft South 490 22,451,West,a dig aw.of 7.77 fxxt th0tice SOUth 09'55'20"Wes4 a 09 07 Wes4 a didsftis=a ofO 5f3.9505 f feegthamx* y" Wm-of]"- = ' " w� o 3011 Wwt,a disouve of34.06 feek-dX=Worth go,,I I I I o,,,W South 06"391 Weg,m d6im=of23 C04 th0ce Nord%020 251 501,EaK a diomee of 53,.34 feet,ffmcc Nor& 16"29147" 32"Best g dWa=of 30-53 f esk 8 disWace of 19.75 feet two=Nosth 060 04, .38 f8tt thowe North 40"2V19"West,a distanoo of'21.08 fiX4 ftut Nm& 30..54.W' 220 Wed.a distta=of 18.30 fe*4 thwce South 88*24'25"Wefft,a distance of 49.59 fact thvsoc Soulb W*34,05" Westw of distance of 12.37 fact;amce South If*01'041 West a ditftace of38.31 feet,tbmr SouM 7,,r 1042" West a distanm of 50.24 fbet,dftcc South 690 4649*WeN4 a ftaw*of 24.66 fect damCe Sotft aEW aas4t a a tifiancof 1 ft ,0 I9VWao5t",4 E'"EaWswta a,4 di e off226A.493 flectm410 39 3088 " Wkftf45. * thm100 311 OPT 3"di = fA 34" 1 .17 ; 1141 11 d1m13. M 5942E0a s, a distenm of27-69 di f fteg;0=00 Norlh fil 001360 ERB4 a staum o 46.24 fed,dume North 01"5 321 84 Eu4 a dist"M of 35_50 toet;d S Sr diets=of$0.37 feo4;tthhcmumme SSoouutthh 01 17,35,,W W0e94d,a . , MeUnMee Oouulb&033W 2560dn3036 * 45"Wdfirtmf39.74 f 070V O dAfd ol-31,11 , dm EE Wsa9st4,4aa, a a distence Of 67-93 fvM,-thence South 24*2736"West a distance of 1. f6ok thenct NOFth 70Tn7'WM a distance 000.56 fee%&MCC North 39*29V411 West a diaa=of35.34 foot theow NMM 2002IP481,WC11t,8 diftmoo of25.13 feet thence Naft 75*3814011 Wes4 a disks=of 38.00 feet Own=Nwffi 45'33'20"Wesk a dhttanoe of 17A9 fcg�dience North 23"3000"West,j,distum of28.68 oddddfbiiissatwttmoanmwocoe 000f 294. f0fW;dmm=North 40315*0,3313'5'39V9 WWWcee,tss�t4t,aaa idoieuftmme oe fO 7f4- 80 1 d f1" .0 6d54-;lm dwc=c S"o SuSt ohu0t8hl 0W3 2 P3 513226"14,4W1f477fcth = ]4'1 " , d1aof32.9 ,thr,= 100WWWWW steeoe s2 soat44,,d a d'sccf 1 - 86M3941"WdwO f235f 44 of3M 7310 ft , 1SW49 f5.73 431Wdib -1th tbwNm634541 43 N3"4VT" 5 4 W . e;thm IV3" waaaab f31 ftof1 cc 8 distAnm of 54-32 fbe4 dm�m SOUth 98*07'13'West,a disw=of64-34 fee4 dMoe Notth 9905,615m Weak a distiow of 65.13 fi!d;thence North SrS91044 West.a digance of 52�42 to the P olat of T awfim and Me end of the hatin described fine. PARCEL A: On the Island of Stock Wand,od befog Lot One(1 ,RIO&SWY(60)60cmd1ng to Gmv L d's Map Of Lots One(1),Two(2),Thwe(3�Five(5)md SlX(6)orSeclior, Six(36),W Thm(3)Section Twenty Six(26),and Lot 1%vu(2)9 Thbly Fhv(35),Lot Two,(2)Section 7birLy ecdon Thfity Four(34),TowngWp Sixty SvM(67)South,Rolge Twwdy Five(25)East,recorded in Plat Book One(I),page 55,Mo County Flodda Rr=nla, am TA13 I AND ALSO PARCEL B,- Being al,a pofilt on the South boundary lint Of'PcDinfiula AvMut,,M fiet disunt and West of gle inteneWon Of the South boimditryflne Of Pftaffftda Avenite with the Wett b0m&Y line Of MWancy Avenue,fim said Point of Be9knffi&00utinue in a West dim6on along the SouM boundwy 11110 Of Pwiwular Avenue wamded a djfft�, of 418 fed;thraw at tight Ang%md in&SOUthedY dimebon a d of s2o fed;tbew tj t 1, i ,a MR]in a Northerly direcdon a distmce of,I g4, an Eastaly direction a distance of 600 fee;4 thence of right an& C 81 gh at gles and n feet;thenoo mandaing the high WSW lift In a Nsediwaftedy Ead Nor6castaly dhvw=a dhWhW=of'450 fbet' more or less,to the Polm of Beginning mid brjWg jr,a ffiMhdsjcn OfIxts 1,Z 3.5 mW 6 of SeMon 35,Ix)t 2 of SWion 36,Lot 3 of". on 26,Lot 2 of Section 34,TowwhiP 67 SWItt,R=V 25 But,Monme County,plorida, ALSO PARCEL C: A pwwl of submeqpd land in Hawk Channel it,Swd0l'36,Townsidp 67 SaWl,R949c 25 Eut i Stock lshaj[d, Motme CD=ty, 1mi Win 17de, g mcav pwdru)My demibed as foll ows. (;Owlencing at the North out comer of Ixi 1,Block 60 ofthe pig Of STX'%ISLAND U 5 rw4rded in Plat Book 1, P&P 5,P ubli c Rccm*of Monme Cmnly,Mmide;thowe nm Wat along the Norffi&a of aWd Lot I and the WosWY Oxftnalon themofft a distance or600 fee W the Noilhem oDmer Of S paml of 5UWwZW I d c onveyW by The 7lxxstt=of die Intemal Improv=Mt pand Dead No.19811,dated June 12,1951;th an ,owmyed, by the Trtwous,a dbtWM of 520 fed to the 810ng 60 Wfttmly line of old parcel of submeTgad land e am Snqoh Souftlest oonm of sWd pwod"or the point Of Beghtoing a Of submerged Ismd huchwfia denadlvd, thc=coadm South I diskme of 251.6 fk4 duzu'4 Best as disbmee of 600 fee%thenoe North of 1.6 fOd in the Sou&=A conmr of sald parcel of submapd Ind conveyed by The Thwtm ofl 0 dbUwx 25 be I I thmm West akmg tht&MM Hne of said parorl 0 di'sWoe of 600 feet IMPMMUent Pwd by DeW No. 19811. MOM or I=,to the POW of Bcginohw ALSO PARCEL D., On the Ishmd known as StWA I and describW accOMing to tile Genr,MeDorWd,2 plef of pw of Stwk 181mid,rmrded in Flat Bank 1,P8V 55,MOGM Camoty,Flodda,as follovrs: Lob Two(2)and 71M(3)in Block Sbdy(60). ALSO PARCEL E, A pawel Of formaiy subwaSM IuW hi HWk ChsWel in &Vtkm 36,Tirwnsh 7 80mk Rime 25 E24 Mome County,F10ficts,m0M W6011MY dftml�d u follows; Beghwing xt tht SOuthmst corner ofLot 3,SqMe 60 OMM dtled"ALL 1AM 1,2,3,5 Wd k 1, SEMON 33; 0T 3, Oi l 26;LOT 2�,SECTION 34,SIXXX ISLAND,TOWNSHIP 67 SOLY17%RAME 25 EAST", rcoDrded'n Ple Book 1,POSe 55,Public RW0r&OfMonroe County,Florida,nm South 435. t the=gt 'IBM Ogles nut West 20D fixt,theuee at rW, an&$run North 435.6 fimg to fln SoUdAveg corw oftof 2, Square 60 of the above mandoned pIA dMce Metwda the ShOycht to an Easterly di to tk p It of Beffinning. necdon back oh TAB I ALSO PARCEL F: Oft the ISIOnd kDOWA M StOck lslmlkd and describW cc e L.McDotWd's plot of a PMt of said Stock Ishmd,mcordod In Plat Book one,(1).NO,e 55,M011M County,Ffad&4 as fo,11mvs. Lots One(1)and Two(2)i look Sixty One(6 1),rOSWI"Witt'2 Pw=1 Of SubweMW JMd in dw Strafts of Pladds,Secticm 36,Township 67SOudi,RaW 25&s4 jocgW Southerly of and adjMni to Lob I and 2,Bloc* 61,and dc=fbed a f611m4m: Begin at Ow isitasmdon of the ghomline of Stock Island and dm West Une of said Lot 1,Bkx-k 61,amodiq to aid Pill of sTOCK ISLAND;thence S,outh along 91C West Jille of old Lot 1,Black 61 (extended)a distmoe of 435 few to a point thmm.1,zaeg distsure of 24,0 f0d tO A POW in ffic Wt line of sdd 14 2.,Block 61 (cxtm=jec4, theetv Nor&vlons the East line of Ut 2,Block 61(extended)a dio=,of 475*e4 mare,or less to&paltg hj jfw Southtdy shomline of Stock Mand;thaw WeW-Ely 21MW thO Mwn&rs Of Mid South zhomliar,a didwice a,f 2 10 feet,more Ot 1=5s,b2dk W the Point of Beginning. PARC-M.,G: Lot 3 is Block 61 of STOM ISLAND as shom,Cal Plat of gaid STOCK ISLAND made by George L,McDanWd and recorded in Plat Book 1,Page 55,of the Public Rwards of Mmme Caugy,FjMj&, ALSO PARCEL It: TU PoTtion Of Malanq Avwn 1*8 betwevi Sloob 60 wd 61 Of GDOW I- McDonold's PIN of a pan of STOCK ISLAND,es vxxvdad in Plo,Book 1,Page 55,of the PuMe R=onb of Mowm Comity,Floli&. PARCEL 1: A poxmi of fornmly submapd Jund in Hawk Chmmel fit Sw-flon 35,Township 67 Soutk RwW,25 Ent Mouree Coonly,Flwida�and 1000 P&HICAwly dcKrRW as follow: Commmee at the Noftheast oarner,ofBkxk,60 of a PLAT Of STOM ISLAND u mom%W in Ph#Book 1,Paw 55,oftim Public Records of Monroe County,Fl(wida;thmm Son&2SO fut to the&xaew Bk)ck 60 mW the 811MOHM Mmording to the said PLAT OF STIOCK ISLAND and the Point o coam ofthe$Wd f Beghming of e 'maw cmfluft SovAh 435.60 fed to 9 Pobd;them Eut 60 fbd to a point 1hatm PX=J of laW herein descvib4-tt Nmffi 435.60 fm to a point dxmw West 6D feet beck to the pWM ofBegW&S. ALSO PARCEL J: A pamal of land on the bland known as Stock Island,Monme CDMty,Florida,MOm Pwdm&tly'dewAtm-d by ft thil0wing Matm and boun&das COMMcnee Ht the NGfMwwt MW of Lot 2,Block 60,ae0ording to Geow McDonaldla Plat of um stwk Is d =ran as recorded in Pid BOOk 1,P8V 55,of the Public Reow&Of MGMW County,Florida,-the, South the West in of said Lot 2 wd the extension of said West line,715.60 ft to the Point of Beg &IMSiaming&Mce continue Sotdfk 36.0 feet thm=West 381.3 fact,mor e or less,to is e W of a Ig api Mf&b Ike MdA CMCM er TAB I thence SOUthOrlY 610219llmm deflected 93000 Idl,30 fete more 0"Ifts;thOuCCAICOT the Meen High Weser Line the f0110wing 15 Mmes.(1407L7.Minsing f FAst 3 7 d") 7 dof1wW d ),300 feet mom or I=$; '11irtim 270Mdefleded left,30.00 f „more or' "Ilm 39'*30 deft 11911t,18.5 lbe4 mom or lose; llwm. 4 deflected 1 13.0 fe4,more"less; 7bence 46,15 4eflected r4ft 45.0&K Inom amr I Then=721100 deBecftd left,75.5 feet,mom or I 7" m, d 4,5 feet mme W,lag; Thenor 47020 defleawl right 32.5 feet wore or 1ms. Thence 37*40 dc&vted lef4 37 fed,mcm ar loss Then $4615 Ief4 24.5 fad mart or legg Theme 72'00 defiwAW Id%40.0 fec4 more or Ian; m=2ge'20 d f lam, I I 5 or ass; 71m mamaa"deal,37 90 kit hw4 to dle point of80gjnAl'mmf. MESS( IUM): Im .1 of land Jocaed in Sedlort 36,Towaship 67 South,Rwige 25 Bost,Stock I igad,Monroe and bV10 mmmmmmmm gmaarFa d d mf fol mm vs: ,Florida, the Northewt carxv ofI3Bi Im 17 � �I" ISLAND, rdlmm m mml d dm 1� �ark l�mmdmll II Imlamramd thcnct SUA 1br a fthmee of26 . r mm dismmr of 1 . Begioninr for d" f"33 f fir d ad 7 Imw I�mdmd f APPrOxhwU MOM High Waterfor the Ibnowilng .1 ) d '5 & mmklm 3 5fm 5 dl of3 .74 - south f 4.7 f 33"15" West,a 1°1 d amk 7 N 74c,55 d of 14 7 ° 38,114,122h. a di of 5 1 13 a distance f . 7 f I n g dd of45,45 f I d 7," all f I4 5 f th 0 5735"Weak a distEm of 33 jq0r&45 distmce of 12.09 fee4 dunce South Sr 09'3 n' ma distlaft of 29.15 it 75"13a35' a diskme of 17.77 fi=4 thence North 23"091 w West&diftwoe f5 .43 mmfd3.73 I4 39 West, M of .3, Idt as ,51"west ma dieftnce of 8D.96 f 114 of 41.75 beg WaW Line f fl .41 I dam' 1 m f m� f 1.33 M l for d ,of 1 dsd of 15" .53 to adad k of , thOnct Iaa m for 1radius of 32.00 f of o � dd of 50.27 f kmm ma • of ., ce amml or ma dI of 3dw r fo of 106.74 ; P of mm for ; LESS 711E FOLLOWING Im' NORTH PIER, On ,k IsIvA Monrw comity,Florid. ,and is xm pw=d �f nibmaged had Mug Southf Rkwk 60,accofi Gao® Id"' blot of la I d m In 1�1 1, 55,oft I aa' Id Of m mmI , I County,Florida;and Me said d being dacribedhy mettj wW bDUOds11 Commaler tenPOW f intersed'onofft centtlfiuef Maloney with � � � fpod" aml �mm Ilmmm amm tcmmm 1. of amm mmmm rl aammdaadm fa disumce TAB I of 290M fert tD S P0111t;flldnce West 22&63 fwtxa'h*Polat of ing Ofthe Pavd ofland being dm-,nbed hPn'iu;f1mor SMOb for a distm=of,jDq fkxt t as PWR4 them West for a distance of 390.ss feet to S paint; thence Scmith 0301 V40"But far as diltRaDe of S.17 feet to as poirg;thcmv,Soulh, 86-48,200 Wwt for a distmice of 33.50 fict to a point;thence Noilh()311 1 V40"Wat for as dig of I 19.9 tit to a P0 t; thence,SOU01 030 111401,E29 for a distan(e of'5M feet to a poh1t, 2011 F.99 for it diMwee Gf 33.50 fbet,to 130illt in khcwe Nrztb 960 48' dMCC Ewt fiw as Aftce of 399.11 fed back to the Point of BrjjnMnS. MDDLL PWA: Qn Stock bland,Mouroe Cowtty,Florida,and is 0 Puftl of Submerged land lykig SoMh of Blaick 60,&owrdkjg to GW Md)(MOlds Plat Offtck Island U ni=*d in Plat Book,1,PW 55,of the Public Rewrds of Mmmx County,Fkxida;mid the"pmwl being deacjibed by awft and bowWs as follows: Commalce st the POW Of W&rsadloyl Of the Mtmiiur,Of Malonq Avenue with the caftriftie of penfi=21W Avenue,;Ifitmoe,South glong the=tMjjjbe of Maka Avenue End t1le SuadmfY OxImmiDA thawf fir as diftmioc of"290M f0d tD A p0htt,flitnee Weat 229,63&*t tD,a POW;tbmaOV SOUth for a dbtanw of 19I.S9&,d go the,,point Of 134fMing Oftk PUM Of land being dwmffivi hemin;thtn=cmdnue South for a dieutam of 127&K to a POint-,thmm,West for a disumce of 34848 fed to M Ivilrt,tbfm(A*',SDUth 030 1 V40"FAW for as di sb=of 13.19 fM,fiD a POW;thwoe South 86*490 20'West for a difituce of 45 fOd W 9 Point;dMoe Ncuth oil, 11'401*WvA for as disinow of 16 feet to as point,tbcnc*SOUffi 86*48,201,West for as dW=e of 20 fid,to&jVh14 fimm-NOTM 031,j i,4(r West 1br a distame of 125 fM to 8 Pik tholee Nofth$60 48'201 East a dwance at2p few to a point; M4 thaw.Nofth 030 1 V40"West a diftarx of 16 fjou to a Point,thewxNordi 86'48'20"Eaga distam of 45 f , tO 0 POW-,the=Smffi 03'0 1 V401'But ft a disbum of 16.61 fat tO a Point-,tbewx Eftt for a dLqtncc of 355.66 feLl tD the Mat of Re&njn& I ESS THE FOLLOWING PIM- SoLrni PM.. On Stu&IsWd,Monm Cmmly,FkWW and it A I of d lying SojA of Block 60,scoading to 000-MCDO"Id's PLO Of ded In Pitt Book 1. Racw*P 55,of jhC puWIC of Mon Cbun%Floride,9md the wM pared bdn&deoctibed by metm and b 8V we ounds as follows: ODMmmum 8"M POW 0f'nbMWdj00 Of the Caftfine of Malmmy Avoun with the cmWiDe orpenkmgsr Avenue;theilce Solxh alms the mterline of mdma'y Avenue and Me Seadwly MdC126106 dwreof for a dWance of 290.23 fwt tD 9 POhW,them West 229-63 fixt to a polm-,theme Soft for a dW=m of 416.99 fw to point of Begkming of the parcel of hwd being deeotibW hatin,tbojec Madnn South for a didanoe of 97 hot to a point fluaw Weg for a dishmoo of 40&90 feet to It POInt thave Nw*03"114 0'Wak for a dkftmx of I is hd to a P0i"t,thw=N00h 86v 48'200 EM for I difibme of 3834 EM to a poiza,thence Son&036 1 V4011 F.Ma fot a diqlance of 20 Ew to A PO 'theme Ewt for a dizWwe of 3 75.82 fftt back to the Pak#OfDtonaWg. IMS THE FOLLOWING PARCM: DRY STORAGE, A pwwj ofhujdjwAkdjn 8"dOn 36,Township,67 South,RM*L-25 FAbl, tock 1611 ad and befiV mme parficuluriy de=fbod w follmn. ,MOnVOC Courdy,Fla ida. zording to thr phd thawf as Mewded in Plat Back 1,Pap, 55,of the Public Rwoub ofMcnm [SLAND,ac C COMM=Rf the l'JM1b6YA conwr of Lol 3,Block 61,GEORGL7 MCDMAI.DS PLAT OF A PART OF STO X Cwmty,Flodda;thence Sout fOr a di rWM of 167-57 fOO4 tbwve WMt for a d'istum of 103.06 fed to the point of 1199inning;dmncc SOU&W 59'200 WeA for a distwxx,�,of 182.26;thenm So 0&40"E1W for a distwoe of 120.31 RV4 thOnce 1 9"59'20"East for a distance of 192-26 fftt,d=C6 NM*0(r W 401 West jbr a dish at of 120.31 fOO W the POW of Reginnhi& TAB I Property Lots 29,33, 34, 35 and the Easterly one-half of Lot 32, Mock 46, according to Maloney's subdivision of a part of Stock Island, Monroe County, Florida as recorded in Plat Book 1, at Page 55,of the Public Records of Monroe County, Florida, TAB I Le al Descrit)tion for Road Proposed to be Abandoned The Northerly V2. of Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 and the West '/2 of Lot 32, in Square 46, and North of a portion of Lot 2 and Lot 3, Block 60, according to Maloney's Subdivision of a part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55, ofthe Public Records of Monroe County, Florida and being more particularly described as follows: Begin at the Southeast corner of Lot 35 of said plat,thence West along the North right-of-way line Of PC11111SUlar Ave. for a distance of 175.00 f6et to the Southeast corner of the said West V2 of Lot 32, thence South along the Southerly extension of the West line of the East 1/2 of Lot 32 for a distance of 30.00 feet to the Centerline of Peninsular Ave,- thence East along the said Centerline of Peninsular Ave., a distance of 175.00 feet to the Westerly line of Maloney Avenue;thence North along the said Westerly line of Maloney Avenue for a distance of 30.00 feet to the Point of Beginning AND The Southerly'' Peninsular Avenue, lying between Block 46 and 60, South of Lots 30, 31 & the West 'r'2 of Lot 32, in Square 46, according to Maloney's subdivision of part of Stock Island, Monroe County, Florida, as recorded in Plat Book 1, Page 55 of the Public Records of Monroe County, Florida, and being more particularly described as follows: Commence at the Southeast corner of Lot 35 of said plat, thence South along the Westerly Line of Maloney Ave. for a distance of 30.00 feet to the Point of Beginning; thence continue South along the West line of"Maloney Ave. 'for 30.00 feet to the Southerly line of Peninsular Avenue; thence West along the said Southerly line of Peninsular Avenue (Also being the Northerly line of"said Lots 2 and 3, Block 60), for a distance of 175.00 feet to the Southerly extension ofthe West Line of the East V2 of said Lot 32, Block 46; thence North along the said Westerly line of the East ',A. of Lot 32 for 30.00 feet to the Centerline of Peninsular Avenue;thence East along the said Centerline of Peninsular Avenue for 175.00 feet to the Point of Beginning. TA13 2 This document was prepared by and sbould be returned to: Brian M.Jones,Esq. SHUTTS&BOWEN LLP 300 S.Orange Avenue,Suite 10410 Orlando,Florida 32801 SPECIAL WARRANTY DEED THAT ATLAS F1, 11 SPE LLC, a North Carolina limited liability company (hereinafter referred to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by OCEANSIDE INVESTORS LLC, a Florida limited liability company (hereinafter referred to as "Grantee"), whose mailing address is 1010 Kennedy Dr, Suite 302, Key West, Ff. 33040, the receipt and sufficiency of which consideration are hereby acknowledged, and upon and subject to the exceptions, liens, encumbrances, terms and provisions hereinafter set forth and described, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee all of the real property situated in Monroe County, Florida, described on !,xhib LtA attached hereto and made a part hereof for all purposes, together with all and singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereon or in anywise appertaining thereto, and together with all improvements located thereon and any right, title and interest of Grantor in and to adjacent streets, alleys and rights-of-way (said land, rights, benefits, privileges, easements, tenements, hereditaments, appurtenances, improvements and interests being hereinafter referred to as the "Property'), This conveyance is made subject and subordinate to those encumbrances and exceptions set forth on Exhibit B attached hereto and made a part hereof for all purposes and all other matters of record affecting the Property(collectively, the"Permitted Exceptions"). TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, as aforesaid, unto Grantee, its successors and assigns, forever; and Grantor does covenant with Grantee that, except for the Permitted Exceptions, at the time of delivery of this Special Warranty Deed, the Property is free from all encumbrances made by Grantor, and Grantor will WARRANT AND DEFEND all and singular the Property unto Grantee, its successors and assigns, against the lawful claims and demands of all persons claiming by, through or under Grantor,but not otherwise. By acceptance of this Special Warranty Deed, Grantee acknowledges and agrees that any and all liability hereunder of Grantor, its agents, representatives or employees, including the Special Warranty of title herein contained, shall be limited to and satisfied solely from the Grantor's proceeds from the Property. By acceptance of this Special Warranty Deed, Grantee assumes payment of all real property taxes on the Property for the year 2013 and subsequent years. ORMOCS 12955897 1 1 TAB 3 IN WITNESS WHEREOF,this Special Warranty Deed has been executed by Grantor to be effective as of June/"A , 2013. 't74- Signed, sealed and delivered in the presence of ATLAS FL 11 SPE LLC, a North Carolina the following witnesses: limited liability company By: print ame: L hC44 Print N As Its: Prin warn THE STATE OF COUNTY OF This instrument was acknowledged efore e on /17 1 -- , 2013, by 14 the Z12 V of ATLAS, FL 11 SPE ' LLC, a Mrtb Carolina limited liability company, on beha said l* ed liability company. ............ BRIAN M.BENNETT No ubli 14 otary public-state Of Florida My Comm Expires may 9 2014 Commission#DO 989� ri ed/Typed Name of Notary My Commission Expires: ORLDOCS 129558971 2 TAB 3 EXHIBIT A TO SPECIAL WARRANTY DEED THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MONROE, STATE OF FLORIDA, AND IS DESCRIBED AS FOLLOWS. PART A: UNITS NO, J-4, 3-6, J-9, 3-11 AND,J-12 IN OCEANSID'E EAST DRY STORAGE CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1918, PAGE 1967, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,AND ANY AMENDMENTS THERETO (THE "CONDOMINIUM PARCELS"). TOGETHER WITH EACH UNITS INTEREST IN THE NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO A LAUNCHING SITE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 92, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,AND THE NON-EXCLUSIVE EASEMENTS FOR INGRESS, EGRESS, UTILITIES, DRAINAGE, ENCROACHMENTS AND MAINTENANCE AS MORE PARTICULARLY DESCRIBED IN THAT GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 1915, PAGE 1.00, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. TOGETHER WITH THAT PARCEL OF LAND(THE"NO'WCONDOMINIUM LAND")AS MORE PARTICULARLY DESCRIBED AS FOLLOWS; UPLAND TERMINUS BOUNDARY LINE: A LINE BEING THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, LYING IN HAWK CHANNEL IN SECTION 36,TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, "GEORGE MCD'ONALDS PLAT OF A PART OF STOCK ISLAND", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 00' 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 256.64 FEET MORE OR LESS TO THE WATERWARD BOUNDARY LINE AS OF JULY 1, 1975, AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE SOUTH 88144' 58°"WEST,A DISTANCE.OF 58.05 FEET; THENCE SOUTH 810 26'2.0"WEST,A DISTANCE OF 1.3.41 FEET; THENCE SOUTH 480 22'45"WEST,A DISTANCE OF 7.77 FEET; THENCE SOUTH 09° 5' 20"WEST,A DISTANCE OF 8.55 FEET; THENCE SOUTH 000 10' 0 " WEST, A DISTANCE OF 178.89 FEET; THENCE SOUTH 01° 46'07"WEST,A DISTANCE OF 53.90 FEET; THENCE SOUTH 060 39' 38"WEST, A DISTANCE OF 34.06 FEET;THENCE NORTH 800 11' 10"WEST, A DISTANCE OF 19.75 FEET; THENCE NORTH 0'60 04"32" EAST, A DISTANCE OF 30.53 FEET; THENCE NORTH 020 2. ' 50" EAST, A DISTANCE OF 53.34 FEET; THENCE NORTH 160 29'47" WEST,A DISTANCE OF 23.38 FEET; THENCE NORTH 400 25' 19"WEST,A DISTANCE OF 21.08 FEET; THENCE NORTH 630 0'22"WEST; A DISTANCE OF 18.30 FEET; THENCE SOUTH 880 24" 2 "WEST,A DISTANCE OF 4&58 FEET; THENCE SOUTH 800 34' 05"WEST, A DISTANCE OF 12.37 FEET;THENCE SOUTH 810 01' 04" WEST,A DISTANCE OF 38.31 FEET; THENCE SOUTH 770 16"42"WEST,A DISTANCE OF 50.24 FEET;. THENCE SOUTH 680 46'49" WEST,A DISTANCE OF 24.66 FEET, THENCE SOUTH 41°39'38'"WEST, A DISTANCE OF 17.34 FEET; THENCE SOUTH 050 19"44"WEST,A DISTANCE OF 26.43 FEET;.THENCE SOUTH 000 57'38" WEST,A DISTANCE OF 45.02 FEET; THENCE SOUTH 100 31' 54" EAST, A DISTANCE OF 26.49 FEET; THENCE SOUTH 140 28' 10" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 340 09' ORL DOCS 12955997 1 3 TAB 3 00"EAST,A DISTANCE OF 10.17 FEET; THENCE SOUTH 65°59"42" EASTp A DISTANCE OF 13,79 FEET; THENCE SOUTH 860 21"21"EAST,A DISTANCE OF 27.69 FEET; THENCE NORTH 870 00' 36" EAST, A DISTANCE OF 46.24 FEET; THENCE NORTH 810 58' 32" EAST, A DISTANCE OF 35.50 FEET; THENCE SOUTH 870 38'26" EAST, A DISTANCE OF 10.36 FEET; THENCE SOUTH 000 OU 45"WEST,A DISTANCE OF 38.74 FEET; THENCE SOUTH 07- 17"00"WEST, A DISTANCE OF 50.37 FEET; THENCE SOUTH 01° 31' 11"WEST,A DISTANCE OF 60.24 FEET;THENCE SOUTH 0311 09' 56" EAST,A DISTANCE OF 56.98 FEET, THENCE SOUTH 01° 17 35"WEST,A DISTANCE OF 67.93 FEET; THENCE SOUTH 240 27 36" WEST; A DISTANCE OF 20.05 FEET;THENCE NORTH 700 07"27"WEST,A DISTANCE OF 30.56 FEET; THENCE NORTH 39° 29' 04"WEST,A DISTANCE OF 35.34 FEET, THENCE NORTH 200 28"48"WEST, A DISTANCE OF 25.13 FEET;THENCE NORTH 750 38'40" WEST, A DISTANCE OF 38.00 FEET; THENCE NORTH 45°33'20"WEST,A DISTANCE OF 17.49 FEET; THENCE NORTH 230 30' 00"WEST,A DISTANCE OF 28.68 FEET; THENCE NORTH 43"31'5948 WEST,A DISTANCE OF 14.41 FEET; THENCE SOUTH 880 32'44"WEST,A DISTANCE OF 24,78 FEET; THENCE SOUTH 710 33"38"WEST,A DISTANCE OF 41.80 FEET, THENCE.SOUTH 89° 52'50"WEST,A DISTANCE OF 42.77 FEET;THENCE SOUTH 82° 14" 18" WEST, A DISTANCE OF 32.99 FEET, THENCE SOUTH 730 17'44" WEST,A DISTANCE OF 19.18 FEET; THENCE SOUTH 79c 38'41"WEST,A DISTANCE OF 26.35 FEET; THENCE SOUTH 82° 50' 54'"WEST, A DISTANCE OF 32.20 FEET,THENCE SOUTH 88° 27' 31"WEST,A DISTANCE OF 22.15 FEET, THENCE NORTH 630 04' 54"WEST, A DISTANCE OF 5.73 FEET; THENCE SOUTH 561 22' 23"WEST, A DISTANCE OF 7.38 FEET; THENCE SOUTH 851 25' 56"WEST, A DISTANCE OF 43,08 FEET; THENCE NORTH 830 4 ' 01" WEST,A DISTANCE. OF 31.16 FEET;THENCE SOUTH 871 16"53"WEST,A DISTANCE OF 45.21 FEET; THENCE SOUTH 861 20'31" WEST, A DISTANCE OF 54.32 FEET;THENCE SOUTH 88°07 13" WEST, A DISTANCE OF 64.34 FEET; THENCE NORTH 89° 56"25"WEST,A DISTANCE OF 65.13 FEET; THENCE NORTH 880 59' 04"WEST,A DISTANCE OF 52.42 TO THE POINT OF TERMINUS AND THE END OF THE HEREIN DESCRIBED LINE, PARCEL A: ON THE ISLAND OF STOCK ISLAND,AND BEING LOT ONE(1), BLOCK SIXTY(60)ACCORDING TO GEORGE L. MCDONALD'S MAP OF LOTS ONE(1),TWO(2),THREE (3), FIVE(5)AND SIX(6) OF SECTION THIRTY FIVE(35), LOT TWO(2)SECTION THIRTY SIX(36), LOT THREE ( ) SECTION TWENTY SIX(26),AND LOT TWO(2)SECTION THIRTY FOUR(34),TOWNSHIP SIXTY SEVEN (67) SOUTH, RANGE TWENTY FIVE (25) EAST, RECORDED IN PLAT BOOK ONE (1), PAGE 55, MONROE COUNTY, FLORIDA RECORDS. AND ALSO PARCEL B: BEING AT A POINT ON THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE, 382 FEET DISTANT AND WEST OF THE INTERSECTION OF THE SOUTH BOUNDARY LINE OF PENINSULA AVENUE WITH THE WEST BOUNDARY LINE OF MALONEY AVENUE, FROM SAID POINT OF BEGINNING, CONTINUE IN A WEST DIRECTION ALONG THE SOUTH BOUNDARY LINE OF PENINSULAR AVENUE EXTENDED A DISTANCE OF 41.8 FEET; THENCE AT RIGHT ANGLES AND IN A SOUTHERLY DIRECTION A DISTANCE OF 520 FEET; THENCE AT RIGHT ANGLES AND IN AN EASTERLY DIRECTION A DISTANCE OF 600 FEET; THENCE AT RIGHT ANGLES AND IN A NORTHERLY DIRECTION A DISTANCE OF 184 FEET, THENCE MEANDERING THE HIGH WATER LINE IN A NORTHWESTERLY AND NORTHEASTERLY DIRECTION A DISTANCE OF 450 FEET, MORE OR LESS,TO THE POINT OF BEGINNING AND BEING IN A SUBDIVISION OF LOTS 1., 2, 3, 5 AND 6 OF SECTION 35, LOT 2 OF SECTION 36, LOT 3 OF SECTION 26, LOT 2 OF SECTION 34,TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, ALSO PARCEL C: 01U.17OCS 12955897 1 4 TAB 3 A PARCEL.OF SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36,TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED A FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 60 OF THE PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE RUN WEST ALONG THE NORTH LINE OF SAID LOT 1 AND THE WESTERLY EXTENSION THEREOF FOR A DISTANCE OF 600 FEET TO THE NORTHWEST CORNER OF A PARCEL OF SUBMERGED LAND CONVEYED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DEED NO, 19811, DATED TUNE 12, 1951; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID PARCEL OF SUBMERGED LAND CONVEYED BY THE TRUSTEES, A DISTANCE OF 520 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL FOR THE POINT OF BEGINNING OF PARCEL OF SUBMERGED LAND HEREINAFTER DESCRIBED; THENCE CONTINUE SOUTH A DISTANCE OF 251,E FEET; THENCE EAST A DISTANCE OF 600 FEET; THENCE NORTH A DISTANCE OF 21.6 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL OF SUBMERGED LAND CONVEYED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND BY DEED NO, 19811; THENCE WEST ALONG THE SOUTH LINE OF SAID PARCEL A DISTANCE OF 600 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. ALSO PARCEL D: ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO THE GEORGE MCDONALD'S PLAT OF A PART OF STOCK ISLAND, RECORDED IN PLAT BOOK 1, PAGE 55, MONROE COUNTY, FLORIDA AS FOLLOWS: LOTS TWO(2)AND THREE (3)IN BLOCK SIXTY (60). ALSO PARCEL E: A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 3, SQUARE 60 OF PLAT TITLED"ALL LOTS' 1, 2, 3, 5 AND 6, SECTION 35; LOT 3, SECTION 26; LOT 2, SECTION 34, STOCK ISLAND, TOWNSHIP 67 SOUTH, RANGE 25 EAST'', RECORDED IN PLAT BOOK 1, PAGE 55, PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, RUN SOUTH 43 .6 FEET, THENCE AT RIGHT ANGLES RUN WEST 200 FEET,THENCE AT RIGHT ANGLES RUN NORTH 435.6 FEET TO THE SOUTHWEST CORNER OF LOT 2, SQUARE 60 OF THE ABOVE MENTIONED PLAT; THENCE MEANDER THE SHORELINE TO AN EASTERLY DIRECTION BACK TO THE POINT OF BEGINNING. ALSO PARCEL F: ON THE ISLAND KNOWN AS STOCK ISLAND AND DESCRIBED ACCORDING TO GEORGE L. MCDONALD`S PLAT OF A PART OF SAID STOCK ISLAND, RECORDED IN PLAT BOOK ONE(1), PAGE 55, MONROE COUNTY, FLORIDA,AS FOLLOWS: LOTS ONE(1)AND TWO (2) IN BLOCK SIXTY ONE (61), TOGETHER WITH A PARCEL OF SUBMERGED ORLDOC8 129558971 5 TAB 3 LAND IN THE STRAITS OF FLORIDA, SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, LOCATED SOUTHERLY OF AND ADJACENT TO LOTS 1 AND 2, BLOCK 61,AND DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE SHORELINE OF STOCK ISLAND AND THE WEST LINE OF SAID LOT 1, BLOCK 61,ACCORDING TO SAID PLAT OF STOCK ISLAND; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1, BLOCK 61 (EXTENDED)A DISTANCE OF 435 FEET TO A POINT;THENCE EAST A DISTANCE OF 200 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2, BLOCK 61 (EXTENDED), THENCE NORTH ALONG THE EAST LINE OF LOT 2, BLOCK 61 (EXTENDED)A DISTANCE OF 475 FEET, MORE OR LESS TO A POINT IN THE SOUTHERLY SHORELINE OF STOCK ISLAND; THENCE WESTERLY ALONG THE MEANDERS OF SAID SOUTHERLY SHORELINE, A DISTANCE OF 210 FEET, MORE OR LESS, BACK TO THE POINT OF BEGINNING,. PARCEL G: LOT 3 IN BLOCK 61 OF STOCK ISLAND AS SHOWN ON PLAT OF SAID STOCK ISLAND MADE BY GEORGE L. MCDONALD AND RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. ALSO PARCEL H. THE PORTION OF MALONEY AVENUE LYING BETWEEN BLOCKS 60 AND 61 OF GEORGE L. MCDONALD°S PLAT OF A PART OF STOCK ISLAND,AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, PARCEL I: A PARCEL OF FORMERLY SUBMERGED LAND IN HAWK CHANNEL IN SECTION 35, TOWNSHIP 67 SOUTH, RANGE 25'EAST, MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF BLOCK 60 OF A PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH 280 FEET TO THE SOUTHEAST CORNER OF THE SAID BLOCK 60 AND THE SHORELINE ACCORDING TO THE SAID PLAT OF STOCK ISLAND AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE CONTINUE SOUTH 435.60 FEET TO A POINT; THENCE EAST 60 FEET TO A POINT; THENCE NORTH 45.60 FEET TO A POINT; THENCE WEST 60 FEET BACK TO THE POINT OF BEGINNING. ALSO PARCEL l A PARCEL OF LAND ON THE ISLAND KNOWN AS STOCK ISLAND, MONROE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED BY THE FOLLOWING METES AND BOUNDS DESCRIPTION: COMMENCE AT THE NORTHWEST CORNER OF LOT 2, BLOCK 60,ACCORDING TO GEORGE MCDONALD'S PLAT OF SAID STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA;THENCE RUN SOUTH ALONG THE WEST LINE OF SAID LOT 2 AND THE EXTENSION OF SAID WEST LINE, 715.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, 56.0 FEET; THENCE WEST 381.3 FEET, MORE OR LESS,TO THE WESTERLY FACE OF AN EXISTING CONCRETE PIER; THENCE SOUTHERLY ALONG A LINE DEFLECTED 93000 LEFT, 30 FEET, MORE OR LESS; THENCE ALONG THE MEAN HIGH WATER LINE THE FOLLOWING 15 COURSES: (NOTE. t7EdLDOCS 12955997 t 6 TAB 3 MISSING CALL OF FAST 376.50') THENCE 87000 DEFLECTED LEFT(DL), 200 FEET, MORE OR LESS; THENCE 27000 DEFLECTED LEFT, 30.00 FEET, MORE OR LESS; THENCE 38030 DEFLECTED RIGHT, 18,5 FEET, MORE OR LESS; THENCE 40000 DEFLECTED LEFT, 13.0 FEET, MORE OR LESS, THENCE 46050 DEFLECTED RIGHT, 45.0 FEET, MORE OR LESS; THENCE 72000 DEFLECTED LEFT, 75.5 FEET, MORE OR LESS; THENCE 27000 DEFLECTED RIGHT, 25.0 FEET, MORE OR LESS; THENCE 64°00 DEFLECTED RIGHT, 94.5 FEET, MORE OR LESS; THENCE 47020 DEFLECTED RIGHT, 52.5 FEET, MORE OR LESS; THENCE 377040 DEFLECTED LEFT, 37.5 FEET, MORE OR LESS; THENCE 54-15 DEFLECTED LEFT, 24.5 FEET, MORE OR LESS; THENCE 72000 DEFLECTED LEFT", 40.0 FEET, MORE OR LESS; THENCE 28020 DEFLECTED LEFT, 118.5 FEET, MORE OR LESS; THENCE 56010 DEFLECTED LEFT, 231.9 FEET, MORE OR LESS; THENCE WEST, 378.80 FEET BACK TO THE POINT OF BEGINNING. LESS(CONDOMINIUM): A PARCEL OF LAND LOCATED IN SECTION 36, TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE MCDONALD'S PLAT OF A PART OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 265.88 FEET; THENCE WEST FOR A DISTANCE OF 100.00 FEET;THENCE SOUTH FOR A DISTANCE OF 339.68 FEET; THENCE WEST FOR A DISTANCE OF 67.20 FEET TO THE POINT OF BEGINNING; THENCE MEANDER THE APPROXIMATE MEAN HIGH WATER LINE FOR THE FOLLOWING TWENTY-TWO(22) METES AND BOUNDS; THENCE SOUTH 040 53' 14"° WEST,A DISTANCE OF 50.44 FEET; THENCE SOUTH 030 31' 10"WEST,A DISTANCE OF 60.33 FEET; THENCE SOUTH 040 56' 57'" EAST,A DISTANCE OF 108.26 FEET; THENCE SOUTH 060 27" 0 "WEST, A DISTANCE OF 123.44 FEET; THENCE SOUTH 570 331 15"WEST,A DISTANCE OF 86.74 FEET;THENCE SOUTH 810 19' 27"WEST,A DISTANCE OF 44.77 FEET; THENCE NORTH 74° 55'09"WEST, A DISTANCE OF 14.27 FEET;THENCE NORTH 380 14'22"' EAST, A DISTANCE OF 83.55 FEET; THENCE NORTH 21° IT 00" EAST, A DISTANCE OF 20.97 FEET; THENCE NORTH 280 26' 29" EAST, A DISTANCE OF 45.45 FEET; THENCE NORTH 080 28'07" EAST,A DISTANCE OF 14.52 FEET; THENCE NORTH 44° 57' 55"WEST,A DISTANCE OF 32.90 FEET; THENCE NORTH 450 09' 29"WEST, A DISTANCE OF 12.09 FEET;. THENCE SOUTH 870 09' 32"WEST,A DISTANCE OF 29,15 FEET; THENCE NORTH 75* 12' 35"WEST, A DISTANCE OF 17.77 FEET;THENCE NORTH 230 09'22"WEST, A DISTANCE OF 52.43 FEET; THENCE SOUTH 891, 35' 35"WEST, A DISTANCE OF 7.15 FEET; THENCE NORTH 000 10'S6" EAST,A DISTANCE OF 7.23 FEET; THENCE SOUTH 790 00' 9" WEST,A DISTANCE OF 63.72 FEET; THENCE NORTH 790 00'34" WEST, A DISTANCE OF 28.33 FEET; THENCE SOUTH 770 29' S1"WEST, A DISTANCE OF 80.86 FEET; THENCE NORTH 880 49'09"WEST,A DISTANCE OF 41.75 FEET; THENCE LEAVING THE SAID MEAN HIGH WATER LINE FOR A DISTANCE OF 103.41 FEET; THENCE EAST FOR A DISTANCE OF 81.33 FEET; THENCE NORTH FOR A DISTANCE OF 12.00 FEET; THENCE EAST FOR A DISTANCE OF 157.53 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST;THENCE LEFT ALONG THE SAID CURVE, HAVING FOR ITS ELEMENTS A RADIUS OF 32.00 FEET AND A CENTRAL ANGLE OF 900 00'00" FOR A DISTANCE OF 50.27 FEET TO A POINT OF TANGENCY; THENCE NORTH FOR A DISTANCE OF 36.77 FEET; THENCE EAST FOR A DISTANCE OF 106.74 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING PIERS; CJ1i1.DOC S 129559971 7 TAB 3 NORTH PIER: ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING SOUTH OF BLOCK 60, ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 5 , OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE CENTERLINE OF PENINSULAR AVENUE;THENCE SOUTH ALONG THE CENTERLINE OF MALONEY AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT, THENCE WEST 228.63 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE SOUTH FOR A DISTANCE OF 109 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 390.55 FEET TO A POINT;THENCE SOUTH 030 11'40" EAST FOR A DISTANCE OF 5.17' FEET TO A POINT; THENCE SOUTH 8611 48'20"WEST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE NORTH 030 11' 40"WEST FOR A DISTANCE OF 119.9 FEET TO A POINT; THENCE NORTH 860 48'20"EAST FOR A DISTANCE OF 33.50 FEET TO A POINT; THENCE SOUTH 03° 11"40" EAST FOR A DISTANCE OF 5.49 FEET TO A POINT, THENCE EAST FOR A DISTANCE OF 398.11 FEET BACK TO THE POINT OF BEGINNING. MIDDLE PIER. ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING SOUTH OF BLOCK 6'0,ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; AND THE SAID PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS. COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE CENTERLINE OF PENINSULAR AVENUE;THENCE SOUTH ALONG THE CENTERLINE OF MALONEY AVENUE AND THE SOUTHERLY"EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT; THENCE WEST 228.63 FEET TO A POINT, THENCE SOUTH FOR A DISTANCE OF 191.89 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR A DISTANCE OF 12.7 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 348.48 FEET TO A POINT; THENCE SOUTH 030 11''40" EAST FOR A DISTANCE OF 13.19 FEET TO A POINT; THENCE SOUTH 860 49'20"WEST FOR A DISTANCE OF 45 FEET TO A POINT; THENCE NORTH 03° 11`40" WEST FOR A DISTANCE OF 16 FEET TO A POINT; THENCE SOUTH 860 48'20"WEST FOR A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 030 11'40" WEST FOR A DISTANCE OF 125 FEET TO A POINT; THENCE NORTH 860 48'20" EAST A DISTANCE OF 20 FEET TO A POINT; THENCE NORTH 031 11'40" WEST A DISTANCE OF 1.6 FEET TO A POINT;THENCE NORTH 860 48' 20" EAST A DISTANCE OF 45 FEET TO A POINT, THENCE SOUTH 031 11'40" EAST FOR A DISTANCE OF 16.61 FEET TO A POINT, THENCE EAST FOR A DISTANCE OF 355.66 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING PIER:. SOUTH PIER: ON STOCK ISLAND, MONROE COUNTY, FLORIDA, AND IS A PARCEL OF SUBMERGED LAND LYING SOUTH OF BLOCK 60,ACCORDING TO GEO MCDONALD'S PLAT OF STOCK ISLAND,AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND THE SAID PARCEL BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE CENTERLINE OF MALONEY AVENUE WITH THE CENTERLINE OF PENINSULAR AVENUE; THENCE SOUTH ALONG THE CENTERLINE OF MALONEY AVENUE AND THE SOUTHERLY EXTENSION THEREOF FOR A DISTANCE OF 290.23 FEET TO A POINT; ORLDOCS 12955897 1 8 TAB 3 THENCE WEST 228.63 FEET TO A POINT; THENCE SOUTH FOR A DISTANCE.OF 416.99 FEET TO POINT OF BEGINNING OF THE PARCEL OF LAND BEING DESCRIBED HEREIN; THENCE CONTINUE SOUTH FOR. A DISTANCE OF 97 FEET TO A POINT; THENCE WEST FOR A DISTANCE OF 408.80 FEET TO A POINT; THENCE NORTH 030 11"40"WEST FOR A DISTANCE OF 115 FEET TO A POINT; THENCE NORTH 86°48' 20" EAST FOR A DISTANCE OF 38.34 FEET TO A POINT, THENCE SOUTH 030 11'40"EAST FOR A DISTANCE OF 20 FEET TO A POINT; THENCE EAST FOR A DISTANCE OF 375.82 FEET BACK TO THE POINT OF BEGINNING, LESS THE FOLLOWING PARCEL: DRY STORAGE: A PARCEL OF LAND LOCATED IN SECTION 36,TOWNSHIP 67 SOUTH, RANGE 25 EAST, STOCK ISLAND, MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 3, BLOCK 61, GEORGE M'CDONALDS PLAT OF A PART OF STOCK ISLAND, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 55, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE SOUTH FOR A DISTANCE OF 167.57 FEET; THENCE WEST FOR A DISTANCE OF 103.06 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 890 59' 20" WEST FOR A DISTANCE OF 182.26; THENCE SOUTH 0'00 00' 40" EAST FOR A DISTANCE OF 120.31 FEET; THENCE NORTH 890 59' 20" EAST FOR A DISTANCE OF 182.26 FEET; THENCE NORTH 00° 00'40"WEST FOR A DISTANCE OF 120.31 FEET TO THE POINT OF BEGINNING. ORLDOCR 129558971 9 TAB 3 EXHIBIT B TO SPECIAL WARRANTY DEED PgmIALed Exce�rtios I Reservations contained in Deed from the Trustees of the Internal Improvement Fund of the State of Florida, filed March 29, 1960 in Book 180, Page 381 . Note: The right of entry has been released pursuant to S270.1 1, F.S. 2. State of Florida Department of Administration Division of State Planning Affidavit Regarding the Florida Keys Area of Critical State Concern recorded August 13, 1976 in Book 668, Page 43. 3. Easement granted to The Utility Board of the City of Key West, Florida by instrument recorded March 19,2002 in Book 1769, Page 863. 4. Grant of Non-Exclusive Easement granted to Oceanside Development Corporation, a Florida corporation and Oceanside Residential Condominium Association, Inc., a Florida not-for-profit corporation by instrument recorded March 19,2002 in Book 1769,Page 115 1. 5. Grant of Non-Exclusive Easement and Provider Agreement granted to Oceanside Development Corporation, a Florida corporation and Oceanside Residential Condominium Association, Inc., a Florida not-for-profit corporation by instrument recorded March 19, 2002 in Book 1769,Page 1164, 6. The right, title or interest, if any, of the public to use as a public beach or recreation area any part of the Land lying between the water abutting the Land and the most inland of any of the following: (a) the natural line of vegetation; (b) the most extreme high water mark; (c) the bulkhead line, or (d) any other line which has been or which hereafter may be legally established as relating to such public use. Terms and conditions of any existing unrecorded lease(s), and all rights of lessee(s) and any parties claiming through the lessee(s) under the Jease(s). 7. Rights of the United States Government to that part of the Land, if any, being artificially filled in land in what was formerly navigable waters arising by reason of the United States Government control over navigable waters in the interest of navigation and commerce. 8. Any adverse ownership claim by the State of Florida by right of sovereignty to any part of the Land that is, as of the Date of Policy or was at any time previously, under water(submerged). 9. Reservation(s) in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded November 16, 1964 in Book 325, Page 595, as to: a. 3/4 interest in all phosphate, mineral and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with ORLDOCS 12955897 1 10 TAB 3 phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 10. Storm Sewer Easement to the State of Florida for the use and benefit of the State Road Department of Florida recorded September 27, 1966 in Book 379, Page 1033. IL Drainage Easement in favor of the State Road Department of Florida recorded October 21, 1966 in Book 381,Page 225. 12, Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded January 29, 1970 in Book 446, Page 255, as to: a. 3/4 interest in all phosphate, mineral, and metal rights b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 13. Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the: Deed recorded March 26, 1973 in Book 534, Page 198, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 14. Easement in favor of the Utility Board of the City of Key West recorded January 27, 1977 in Book 690,Page 313. 15. Reservation in favor of the Trustees of the Internal Improvement Fund of the State of Florida contained in the Deed recorded December 6, 19,85 in Book 959, Page 2354, as to: a. 3/4 interest in all phosphate, mineral, and metal rights. b. 1/2 interest in all petroleum rights. c. Rights of exploration in conjunction with phosphate, mineral, metal and/or petroleum rights have been released pursuant to Florida Statute 270.11(2). 16. Grant of Non-Exclusive Access and Parking Easement Agreement in favor of Oceanside Marina Condominium Association, Inc., as recorded July 1, 1997 in Book 1464, Page 1517. IT County Ordinance 10-77, providing for the annual levy on garbage and trash collection fees to be assessed upon this parcel of land. 18. Grant of Easement (Launching) as recorded August 1, 2003 in Book 1915, Page 92. 19. Grant of Easement (Ingress, Egress, Utilities, Drainage, Encroachments and Maintenance)as recorded August 1,2003 in Book 1915, Page 100. ORLDOCS 12955897 1 11 TAB 3 20. All the covenants, conditions, restriction, easements, assessments and possible liens, terms and other provisions of Declaration of Condominium and Exhibits thereto, recorded August 11, 2003 in Book 1918, Page 1967, Public Records of Monroe County,Florida, and as further amended, including, but not limited to one or more of the following: provisions for private charges or assessments; liens for liquidated damages; and/or option, right of first refusal or prior approval of a future purchaser or occupant, NOTE: Developers Right of First Refusal was terminated in Book 2201, Page 1282 and in Book 2212, Page 1604. (As to Condo Parcels only) 21. County Resolution No. 265-2004, providing for the annual levy for wastewater assessments recorded June 23,2005 in Book 2126, Page 511. 22. Terms and conditions of the Monroe County Planning Commission Resolution No. P21-07 recorded July 13, 2007 in Book 2308, Page 801. ORLDOCS 12955897 1 12 TAB 3 Property Search -_ Monroe County property Appraiser Page 1 of 1 Scott P. Russell, �.. Property Appraiser Marathon (305) 289-2550 Key West (30 a) 2 2-3 2 ��t„ Florida Plantation Key (3 )8 2- �. Monroe 7130 C Property 'd Card - Website tested on IE3. fiflaps are 1 n lid 1Lkgbbe Flash 10.3 or higher Alter .- 11 1 2 100127420-000000 ... N31 ,Y .,.=rG[ "):• 4"",: i I I f l;:ff71�1,Y Ownership a its Mailing Address: EANSIDE INVESTORS LL 5640 LAUREL AVE KEY ->T,FL 33040-5915 Propefty Details PC Code:20.-AIRPOR"rs,MARINAS,BUS TERM Wage Group: 110A Affordable fttgLng: No Section—T 1p 5 r7-2 rn e: Property Location: 5950 PENINSULAR R AVE SOUTH STOCK ISLAND ND LegM Description. STOCK I iT MALONEY SUE PSI-55 LOTS 1-2-3 AND ADJ SAY BTM SOR SO AND P"r"LT 1-2-3 AND ADJ BAY BTM SOR 61 AND PT MALONEY AVE VACATED BCC 151-1974 AND FILLED SAY ET'M ADJ TO MALONEY AVE(A 1AC>)AND ITT ADJ PARCEL MISC REC 61C D-58159 OR333- 8/ 9 OR509-440 0 514-920115 4-19 M98 OR55 85 11 24710 OR680-313E OR739- 4 OR930-1 1 861 37C fT L'r 830- 148A151 OR9 a9-2354/2355 11266 z8(3606-44)OR1278-2366/69 OR 1 19- 84/386C:ERT/IIF OR2 03- 2018!'32 O 2634-572A83 TAB 4 Property earth—Monroe Countyproperty Appraiser Page 2 of 1. Clio Map Image to open interactive viewer S R R5,E' S2m17""` ..R2 F M r Land Details V R ry � r 9 l v ,`fry 1 1 / f _. Land Use Codo Depth Land 1COW-COMMERCIAL WATERFRON 0 0 329,644.00 SF 9500-SUBMERGED 0 0 613 AC Building TAB 4 hH,n-/AAe%xrxxr r^tnr-nn Property Search --Monroe County Property Appraiser Page 3 of 15 Number of Commercial Buildings: 6 TotA Living Area: 45361 Year Built., 1969 Building 1 Details BtAldling Type Condition A Quality Grand le 250 Effective Age 22 Perimeteri'42 Depreciation%27 Year Built 1969 SpWal Arch 0 Gmd Mor Area 1,240 Functional Obs 0 Economic Olbs 0 Inclusions: Roof Type Roof Cover Foundation Heat I Heat 2 Bedrooms 0 Heat Src I Heat Src 2 Extra FGatUros: 2 Fix Bath 0 Vacumn 0 3 Fix Bath 0 Garbage Disposai 0 4 Fix Bath 0 Compactor 0 5 Fix Bath 0 security 0 6 Fix Both 0 Intercm 0 7 Fix Bath 0 FirepWces 0 Extra Fix 8 Dishwasher 0 40 FT. ........... OFF, IDFT, 25 FT. A, "r 10 FT. -11- CAN, fLA OPF 775-112 1240-142 311042 31 FT. 31 Fr, 31 FT, 132 40FT' iD FT, soctions: Nbr Type Ext Wall #Stories YearBulft Attic A/C Basement% Finished Sawa ant% Area 1 FLA, 1 1982 1,240 2 OPF 1 1982 310 3 OPF 1 1982 400 .......... 4 PAIN 1 1982 775 TAB 4 httn-/Av%xnv mnnnfl rkro/PrnnqPQrPli -Acift-v A w tN A I I ropert)? Search Monroe County rop rt Appraiser Page 4 of 1 Interior FBra sh: aSecUon Nbr Interior Finish Nbr C Area% s rinkiar' .At 10037 VACANI COMM1 DO N N 10,038 OFF 1010 N N 10039 OPF too �� N N 10040 CAN 100 N Exterior Walk interior Finish Nbr Type Area% 3284 AVEC�C)C8 SIDING 100 Building 2 Details Building Type. Condition A Quality Grade 250 Effective Aga 22 Perimeter 468 Dapracla4lon%27 Year Basin 1970 Special Arch Ci Gr,nd Floor Area 9,704 Functional Cabe ii Economic Obs 3 iraOuslons: l eerType Roof Foundation Heat 1 Heat 2 Bedrooms Ci Heat:Sirc 1 Heat Sr,c 2 Extra Features: 2 Fix Bath 0 Vacuum Ci 3 Fix Bath 0 Garbage Disposal Ci 4 Fix Bath 0 Compactor 5 5 Fix Bath 0 Security' 0 8 Fix Batty 0 Intercom 0 7`Fix 0 Fireplaces 0 Extra Fig 8 Dishwasher Ci TAB 4 "d...a.a.w....r r_.._..a ..........._ .�:^� ........ New..._......_tw _a... Property Search -- Monroe Cowlty Property Appriser Page 5 is `15 Ntrr T S t Wall Stori Yrrsr Built Attic A/C.w__Sss�rn�errt� Finish �i Base nt% Arms 1 FL.A 1 19828,520 2 FLA 1 1982 1,184 intsrfor Finislt Soction Nbr interior Finish Nbr Area% Sprinkler A/C 10041 041 iNAIA..i"CC IBUS TERM 100 N N 10042 SERV SHOPS ETC 1€0 N N Exterior Wall: Interior Finish Nbrr T Arm yo 3285 METAL Sit,3iNG 100 Building a s Building Type Condition A Gu ilty Gratis 260 Effective Age 14 Perimeter i0o Depreciation% 18 Year Built 1969 Special Arch 9 Grnd Floor Area 30,000 Functional Obs 0 Economic Ohs 0 inclusions: Roof Type Neff Cover Foundation Heat 1 Fist 2 Bedrooms 0 Heat Srs 1 Heat Ere 2 Extra FeatUras: 2 Fix Sath 0 Vacuum 0 `AB 4 Property Search--Monroe County Property Appraiser Page 6 of 15 3 Fix Bath 0 Garbage Msposa� 0 4 Fix Babb 0 Compactor 0 6 Fix Bath 0 Securky 0 6 Fix Bath 0 Warcom 0 7 Fix Bath 0 0-epiaces 0 lExtra nx of Dishwasher 0 ........................................ .......................................... Sections. Nbr Type ExtWall #Storles "Year Built Attie A/C Basement% Finished Basement% Area I ELA i 1982 30,00Iij Interior Finish: 1 Section N;lbr Interior Finish Nbr Type Area% Sprinkler A/C 10043 WAREHOUSE/MARINA C 100 N, N Exterior Wall, Interior Finish Nbr Area% 3286 METAL SIDING 100 Building 4, Details Building Type Condition A Quality Grade 250 Effective Age 14 Perhneter'180 Depreciation% 18 Year Built 1983 Special Arch 0 Grrtd Floor Area 988 Functional Obs 0 Economic Obs 0 MOus ion s: Roof Ty pe Roof :over Foundation Hoot I Heat 2 Bedrooms 0 TAB 4 Property Search --Monroe County Property Appraiser Page 7 of 1 iipant 6r Heat Src 2 Exsra Featur . 2 Fix Bath 0 Va c uurn 0 3 Fin;Bath 0 Garbage Disposal 0 4 Fix Bath 0 Compactor 0 5 Fix Sa3!th 0 Security 0 ti Fix Bath 0 Intercom 0 Fix kSattn 0 Flr pa aces 0 Extra Fins 18 Oa shmm her 0 4fr .e..,,. _ .. FLA' XJF FL ,.Fr �0 gyp,'. &r�� a,.,a. �r` '. oft, f r Mt 44 k„n. IVtur t t WW`aii #Stun Year Built Attic. ACC: ement% Finished Basement% Area 1 FLA 1 1963 726 2 CSUF 1 1983 1 FLA 1 1963 260 4 EC:F 1 1996 1„144 Interior Finish: Section Nbr Interior Finish Nbr T Area% Senkler AtC: 10044 CAMP 6LDG 100 N N I D046 OUF 100 N N 10046 CAMP BLDG-A- 100 N N 10047 ECF 100 N N Exterior,Wall: Interior Finish Nbr Area's 3287 METAL TAL SIDING 100 TAB 4 Property Search --Monroe County Property Appraiser Page 8 of 15 Building 5 Details SuflOnq Type Condition A Otrefity Grade 250 EffecOve Age 22 Pedrneter 60 Depreciation%27 Year BuUt 1975 Spodai Arch 0 Gmd Mor Area 225 Funcftnai Obs 0 Ecorwon*Obs 0 hICWSiOns: Roof Type Root Cover Foundation meat Heat 2 Bedroom 0 Heat arc I Heat arc 2 Extra Features- 2 Fix Bath 0 VmUUM 0 3 Nx Bath 0 Garbage DISPOSM 0 4 Fix Bath 0 COMPaCt,09" 0 5 Fix Both 0 Security 0 6 Fix Bath 0 Intercorn 0 7 F BaVi 0 Fireplaces 0 Extra Fix 3 DiMmasher 0 15 FT. FLA 225-60 1:55 FT. 15 FT. Sections: Nbr Tympe t Wall #Stories Year Built Attic A/C Basement% Finished Basement 1/6 Area 1 1 FLA 1 1993 225-- I Interior Finish, [—Section Nbr interior Finish Nbr Type Area% Sprinkler A/C 1 10048 SERV SHOPS ETC 100 N N Exterior Wa$p: Intedor Finish Nbr Type Area% TAB 4 Property Search--Monroe County Propert3r Appraiser Page 9 of 15 3288 AVE WOOD SOING 100 Building 6 Details BuOding Type Condition E Quality Grade 400 Effective Age 12 Perimeter,�04 De preclaftn% 15 Year Built 1995 Special Arch 0 Grnd Floor Area 3,204 Functional Obs 0 Economic Obs 0 lnclusfons: Roo�f Type Roof Cover Foundiflon Heat I Heat 2 Bedrooms 0 Heat Src I Heat arc 2 Extra Featurea: 2 Fix Bath 2 vacklurn 0 3 Fix Bath 0 Garbage Disposal 0 4 Fix Baffi 0 Compactor 0 5 Fix Bath 0 Security 0 6 Fix Bath 0 hitercom 0 7 Fix Sath tY Firepiacas 0 Extra Fix 12 Dishwasher 0 I, UA An w w ?v MOT hA Orw Sections: br Type Ext Wall Stories Year Built Attic A/C Basement% Finished Basement%--- Area 0 FLA 1 2003 480 0............FLA 1 2003 i 180 I EUF 1 2003 4,996 2 FLA 1 2003 144 4 FLA 1 1995 2,400 TAB 4 IN Property Search Monroe County Property Appraiser Page 10 of' I 5 6 2EX. 1 2003 2,010 7 OU.0 1 2003 54 8 1 1995, 100 9 O.uu 1 2003 so Mterior,Rnish: Section Nbr Interior Finish Nbr, Type Area% Sprinkler A/C RESTRNT/CAFETR-8- 100 Y Y RESTRNTICAFETR-B- 100 Y—Y I0049 EUF 100 N N 10050 RESTRNTICAFETR-B- 100 10052, RESTICAFET-A- 100 Y Y 10054 OP X 100 N N Exterlo,r WMI: Interior Finish Nbr Type Area I/,---------- 3289 AS AVE WOOD SMING 100 Misc Improvement Details Nbr Type tN Units Length Width I Year Built Roll Year Grade Life 1 UB2:U-nLITY BLDG 225 SF 15 15 1979 1980 3 so 2 :BOAT RACKS 175 LIT 0 0 1979 1980 —1 -30 3 PT&PATIO 5,060 SF 0 0 1976 19177 1 60 4 CL2:CH LINK FENCE 2,892 SF 482 6 1976 1977 2 30 5 PT3:PATIO 1,276 SF 0 0 1976 1977 1 50 6 SW2:SEAWALL 4,995 SF 999 5 1999 2000 5 60 7 SAW:SEAWALL 1,855 SF 371 5 1999 2000 5 w ............ 8 DK3:CONCRETE DOCK 8,418 SF 0 0 1976 1977 5 60 9 AP2:ASPHALT PAVING 70,250 SF 0 0 1976 1977 2 25 10 UB2:UTILITY BLDG 225 SF Is 15 1979 1980 3 60 11 RK2:BOAT RACKS 175 UT 0 0 1979 1980 1 30 12 PT&PATJO 5,060 SF 0 0 1976 1977 1 so 13 CL2:CH LINK FENCE 2,892 SF 482 6 1976 1977 2 30 14 PT&PATIO 1,276 SF 0 0 1976 1977 1 so 15 S :SEAWALL 4,995 SF 999 6 1999 2000 6 60 16 SW2:SEAWALL 1,855 SF 371 5 1999 2000 5 60 17 DK3:CONCRETE DOCK 8,418 SF 0 0 1976 1977 5 60 Is AP2:ASPHALT PAVING 70,250 SF 0 0 1976 1977 2 25 19 UB2:UTILITY BLDG 96 SF 12 8 1982 1983 3 50 20 FN2:FENCES 360 SF 6 60 1993 1994 2 30 21 UB2:UTILITY BLDG 200 SF 10 20 1982 1983 3 50 22 RK2:BOAT RACKS 10 UT 0 0 1989 1990 1 30 23 FN2:FENCES 1,330 SF 7 190 1993 1994 5 30 TAB 4 Property Search --Munroe Cowity Property Appraiser Page I I of 15 24 CL2:CH LINK FENCE 3,120 SF 6 520 1993 '1994 1 30 25 PT&PATIO 1,240 SF 0 0 1994 1995 2 50 26 2:WOOD DECK 564 SF 0 0 1994 1995 4 40 27 AC2'WAL1.AIR COND 2 UT 0 0 1994 1995 1 20 28 WD2:WOOD DECK 60 SF 12 5 1994 19 1 40 29 AP2:ASPHALT PAVING 2,008 SF 0 0 1994 1995 1 25 30 PT 3'PATI0 400 ST 100 4 1993 1994 250 31 VVD2,,WOOD DECK 400 SF 100 4 1983 1964 4 40 32 CB2:DET CABANA 100 SF 10 10 1993 1994 3 60 33 UB2:UT]UTY BLDG 72 SF 12 6 1989 1990 2 50 . ........... ............ lu UB31C UTIL BLDG 40 SF 10 4 1989 1990 1 30 35 1 !32:UTNLITY BLDG 96 SIP 12 8 1992 1993 3 50 36 LJB2:LJTILITY BLDG 96 SF 12 8 1992 1993 3 50 37 FN2:FENCES 600 SF so 10 1995 1996 5 30 38 FN2YENCES 600 SF 60 10 1995 1996 5 30 39 FN2fENCES 192 SF 16 12 1998 1999 5 30 40 SVV2'SEAWALL 1,720 SF 430 4 1998 1999 1 60 Appraiser Notes [RE:1E2361 AND 12745 COMBINED FOR ASSESSING PURPOSES 5-8-87 0 9_8� PER OR26669-824 SPLIT 541 SQ FT ADJACENT TO BOAT SLIP 693 TO RE00127420-000925,AK9102430;DONE FOR THE P 2 ol T X OLL ROLL 014 TAM E. 0 111 Be 20D4/1/6_BC.,SUIl_DiNG 7 AND THE LAND UNDER IT WAS SPLIT OUT AND,CONVERTED INTO CONDO BOAT STORAGE. Cro B I (TO BE HANDELED BY DARLENE)THE OVERRIDE VALUE WAS REDUCED BY$644,924,OCEAN SIDE MARINA 96 SF UB2 IS GUARD HSE BLDG,#1=TACKLESHOP BLDG,#2=SHPS STORE BLDG.#3=BOAT STORAGE BLDG,#4=BATH HOUSE INCOME DATA IN FILE CHANGED THE PC CODE FROM 27 TO 60 FOR HE Y2K TAX VALUE AND PICKIED HE 430 FEET OF RIPRAP.001039 20�00-12-29 REMOVED THE,75 TO 1,00 FOR THE LAND ADJUSTMENT FOR THE SAY BOTTOM FOR THE 2001 TASX ROLL.DLIG 200215/31 SB,TPP ACCOUNTS.-ALL SEASON ANGLERS-899101,BENNETT BRIAN- 9028196,BITTNER,DALE-8886241,BRIENZA,JAMES-8999629,CALCUTTA-8824149,CAP'T MKES-893M7,CAPT PA HEI.VVIG-8943408,CARL PEACHEY-8999255,CHARTER SEA-8918127,CHEERIO CHARTERS-9000762,CLUB FRED- 8977640,COLE,WM-8977024,CURRIE,MIKE-8870418,DEBI LOU-8893761,END OF THE LINE-8977090,FUN-SEA-KER- 8981677,HIGH SEAS-9000135,HUGH MORGAN-9000300,JACE GROUP-8943716,KEY L. CHARTERS-8859708,KW KAYAK FISHING-8943771,KW METAL SCULPTING-8928694,LIGHTHOUSE INN-8882912,LOGAN,RYON-8970468, MANNE771 CHARTERS-8892004,MARKS MARINE DIESEL RPR-8796684,MS MARGARITE-8927931,MURRAY SHATT, 8929368,MYSTIC DREAM-8970534,ON THE FLY-8824823,PIERCE,THOMAS-8889780,QUICK RELIEF-8684584,REEL TIME-8943375,RUSTY FLY-8970842,SEAHORSE-9003182,SEA YA-8914890,SECOND CHANCE-8927912,S�HADOW- 8927996,SIGNAL 20-9000762,SOUTHERNMOST SAILING-8829345,STRUTHERS,GENE-9001114,SULA PROPERTIES- 8892464,SUPER GROUPER-8928455,SUNDAYS ON THE BAY-8977035,THERAPY-8949469,THOMAS,GREG-8939349, THUMMUS-8787081,TOMCAMP-8989784,TROPICAL DREAM-6954694,WILD ABOUT DOLPHtN"905246,WILLET MARINE-8819676,SOUTHPAW CHARTERS-9022266,MARINATECH INC-9022597,SUPER GROUPER lft-9028493 2/1412003 ADDED BLDG#7,BOAT STORAGE.D,M.J, ........... Building Permift tBldq Number Date Date Amount Description Notes Issued Completed D'51 D6106750 03/15/2007 226,000 Commercial New Marine entrance 10105254 09/02/2010 0 Commercial WIRE RANGE HOOD 10104979 08/19/2010 0 Commerdal POOL,SPA,FENCE. 13100536 02/2812013 3,800 Commercial TEMP OFFICE TRAILER 13100535 02/28/2013 10,000 Commercial DEMO INTERIOR TAB 4 Property Search --Monroe County Propeilly Appraiser Page 12 of 15 13100536 02/28/2013 3,800 Commercial PLACE TEMPS OFFICE 8 X 40 rr 13102543 06/27/2013 0 DEMO BATH HOUSE, 13102737 07/22/2013 4,635 Commercial PERMIT APPROVAL TO INSALL VIDEO CAMERA'S FOR SECURITY 1 94-0659 08/0111994 03/0111995 200,000 Commercial COMM RESTAURANT 95-0276 08/01/1994 03/01/1995 500 Commercial ENCLOSURE 94-1251 10/01/1994 10/01/1995 3,025 Cornmerdal BUILDING MISC, 4 981173 08121/1998 06111/1999 25,000 Commercial SEAWALL 5 991605 0612311999 01/2012000 9,500 Commercial COMMERCIAL ROOFING 6 00/2271 05/2412000 01)0112001 25,000 Commercial SEAWALL-REPAIR 7 01-2637 08/24/2001 0611012002 3,000,000 Commercial BOAT STORAGE BLDG 8 01-2635 08124/2001 0611012002 3,000,000 Cornmerdal BOAT STORAGE BLDG 9 01-5372 06124/2001 06/10/2002 3,000,000 Commerbal BOATSTORAGEBUDG 10 11/4681 12)2612001 12/29/2006 16,025 Commercial SIDEWALK-REPLACE 11 01/4,666 12/21/2001 06/10/2002 6,000 Commercial comlvl.mlsc. 0' '4 4 8 6 6 2 2 2 2 6 r 0112635 2 3c 8124 1 1 6 5E 0 r .5/019 12 0112635 08124r4001 12128/2007 3,000,000 Commercial site upgrades 13 02/1355 05/09/2002 12/29/2W6 150,000 Commercial EXPANSION OF REST. 14 02/1758 05114/2002 06/10/2002 72,000 Commercial DOCK 5.7 7/1 2/2 15 02-2525 07/12/2002 03113/2003 150,000 Commercial ADD TO RESTAURANT&C,O, 1 01 63 11 9/ 7 01-2634 12119/2001 12/29/2006 30,000 Commercial SEAS 1,466 SF 04-1801 05/28/2004 02/16/2005 99,720 Commercial ELECTRIC MISCELLANEOUS 01102653 12/29=06 0 Commercial new SFR 011026514 12J29/2006 0 CornmereW new SFR 01102666 12/2912006 0 Commercial new SFR 10 O'E 0 5 01102656 12/2912006 0 Commercial new SFR 011026.58 12/29=06 0 Commercial new SFR 01102659 12/2912006 0 Commercial new SFF 01102660 12/29/2006 0 Commercial new SFR 01102661 12/30/2003 0 Commercial new SFR L0110265'7 12/30/2003 0 Commercial now SFR 01 01102642 12/30/2003 0 Commercial new SFR 0 10 01 102�641 12/30/2003 0 Commercial new SFR 01102640 12J3012003 0 Commercial new SFR 01102639 12/3012003 0 Coat meal new SFR 01102645 12/30/2003 a, CommerclM new SFR 01102643 1 2J30/2003 0 Commercial new SFR 01102647 12/30/2003 0 Commercial new SFRO 01102646 12/30/2003 0 Commercial new SFR 01102M 12J30/2003 0 Commercial new SFR 01102649 12130/2003 0 Commercial new SFR 01102650 12/30/2003 0 Commercial new SFR 01102651 12f30/2003 0 Commercial now SFR 01102652 12130/2003 0 Commercial new SFR 05104135 08/05/2005 12/2912006 5,,000 Commercial DEMO DRYWALL&TILE TAB 4 Property Search--Monroe County Property Appraiser Page 13 of 15 05105320 0412812006 12/2812007 500,000 commercial INTERIOR RENOVATIONS FOR IST FLOOR, CONCRETE SLAB,&ROOF 06114082 03/12/2007 12/28/2007 10,000 Commercial Install New Buffer Tank 71ol -06' 0'0 01892 05/24/2007 100,000 Commercial DEMO METAL BUILD 07101628 06/05/2007 12/2812007 16,000 Commercial Install Kitchen Hoods 07102762 08/1312007 2,400 Commercial Fire Suppression System 07102478 07/26/2007 01/16/2008 1,200 Commercial Propane Tank&Lines 07103478 09113/2007 5700 Commercial Dock Improvements&Repairs Parcel Vakie History ("eOJied Va4ies Vew Taxes for Oils PgLrcel. Roll Total Bldg Total Misc Total Land Total Just Total Asse"ed School School Taxable Year Value Improvement ValueVague 2013 2,455,786 1,357,159 4,205,730 3,452,645 3,452,645 0 3,462,645 2012 2,488,395 1,392,190 4,205,730 3,452,645 3,452,645 0 3,452,645 2011 2,539,196 1,422,245 4,205,730 5,021,177 5,021,177 0 5,021,177_ 2010 2,539,196 1,447,289 7,743,188 5,579,085 5,579,085 0 6,579,085 2009 2,596,960 1,483,137 16,979,873 5,579,085 6,679,085 0 5,579,085 2008 2,621,437 1,513,593 9,096,673 6,950,384 6,950,384 0 6,950,384 2007 1,883,939 1,266,994 3,411,673 6,950,384 6,950,384 0 6,950,384 2006 1,895,088 1,059,408 3,032,673 1,820,647 1,820,647 0 1,820,647 2008 1,952,361 1,080,304 3,032,673 1,820,647 1,820,647 0 1,820,647 2004 1,952,327 1,099,600 1,349,150 1,820,647 1,820,647 0 1,820,647 2003 2,369,256 1,124,895 1,424,10 2,465,571 2,465,571 0 2,465,5,71 2002 1,799,332 1,145,824 1,459,650 2,465,571 2,465,571 0 2,465,571 2001 1,799,332 1,165,097 996,970 2,465,571 2,465,571 0 2000 1,799,332 349,167 977,395 2,465,571 2,465,571 0 2,465,571 1999 1,799,332 344,291 977,395 1,789,390 1,789,390 0 1,789,390 1998 1,202,121 352,526 977,395 1,356,646 1,356,546 0 1,356,546 1997 1,202,121 362,578 977,395 1,356,546 1,356,546 0 1,366,546 1996 1,084,467 359,012 977,395 1,356,546 1,356,546 0 1,356,546 1996 838,212 358,125 1,071,680 2,283,321 2,283,321 0 2,283,321 1994 842,465 357,609 1,071,680 2,283,321 2,283,321 0 2,283,321 1993 842,465 364,306 2,571,675 2,784,273 2,784,273 0 2,784,273 1992 842,465 373,619 1,550,161 2,766,245 2,766,246 0 2,766,245 1991 877,466 389,116 2,004,157 3,270,741 3,270,741 0 3,270,741 logo 877,466 401,995 1,634,815 3,635,223 3,635,223 0 3,635,223 1989 877,466 417,492 1,634,815 3,635,223 3,635,223 0 3,635,223 1988 800,600 334,434 1,634,815 3,548,483 3,548,483 0 3,548,483 1987 779,565 344,152 1,636,765 3,532,620 3,532,620 0 3,532,620 1986 752,031 349,316 1,486,910 3,167,805 3,167,805 0 3,167,805 1986 525 360,772 1,038,731 2,980,119 2,980,119 0 2,960,119 TAB 4 Property Search--Monroe County Property Appraiser Page 14 of 15 1984 732,449 370,406 1,038,731 2,,100�,000 2,100,000 0 2,100,,000 1983 715,242 217,002 1,038,731 2.030,395 2,030,395 0 2,030,395 982 693,530 195,738 912,721 11801,989 1,801,989 0 1,601,989 Parcel Sales History '6 L. dO %G(A gene call y, 6 ion" up n ms� compu4et F'Wiem r ijs at dwo is th4 mow 's afle'a day of s@ e ff a rm',cnt sape drjes not ShOW ii�) in this p eas�-,, akWi mmc brne for the sal rem'd to be pr�)cessed Thank you fcd are: LH paflencc. �md uridmstpncfing S le Date Official Records Soo!!��aQO �Pric�e �lnstr�ument QuMification ' 'G Date 6/13/2013 2634/572 4,750,000 VVD 12 I IV /2W2011 2503/2018 15,932,400 WD 12 0 V6/aM/12004 2019/1476 7,250,000 WD 0 10/1 f 993 10MM993 1278/2366 2,460,000 WD C, V 2 —A.--�- J1119 7 111977 706/537 1,366,660 00 Q This page has been visited 155,479 firnes Monroe County Monroe County Property Appraiser Scott P. Russell, CFA P.O. Box 1176 Key West, FL 33041-1176 TAB 4 Property Search Monroe County Property Appraiser Page 15 of 1 I i I TAB 4 1 fi Y V M A U rr1 � ll / � In %>✓ ri� l/ � ) »,�AMJrrm',i�1'S/�r �.� ., Af,, ����� �� r �✓; �j%�rlf r/r1�fl„ ,. 1 r / f N mp" I el IIJ r rr„ r u° r , J s re:, toads Parcels D TAB 5 95 Peninsular Ave - Google Maps � ;gage 1 of 1 . .w.wwwmw.wuwrvuaun»,ww.wn �,..,;. 0 wwwpp�� crromwya C'IfS'+�'MXC rv�."kdYUh dnm�m.a Awa .PCi4a 4'ka'ueww�yhu R 6 5 5P Peninsular Ave - Go le Maps � 'age I of l "u^�mY+N"iRuvbrwX&"Y�,t„pp„':a✓U1Wrnn .mao�Y4 n�r.:�..: „�ii/ii�//f�'��%�if/' //����f�l����f �JI / ` � f Pa n9maugwu dlvt xvroro,�um maaua}e�ur �' .,,, orb/ /0/ m' s / 1 PJ / r //r j, ✓0 ���� � � r Irvn�p&P en,'V�S1'gsrw hAmr��tl 1 f�awp'uG"6:hmf kmm �P610:droucry^0m TAB 6 Letters of No Objection from A12121i cable,Utilities, to be supplemented subsequent to submission of application) at&t 650 United St Key West, FL 33040 Office: (305)296-9077 Facsimile: (305)296-9032 August 25, 2014 Barton W. Smith, Esq. Attorney at Law 138-142 Simonton Street Key West, FL 33040 Subject: Requested Road Abandonment, Monroe County Board of County Commissioners Being a portion of Peninsular Avenue,Stock Island, as shown on the attached survey. To Mr. Smith: Our engineering department has reviewed the above referenced request. Presently, AT&T has no existing facilities in the area of the above mentioned section. AT&T has no objection to the abandonment of the above referenced Right of Way. If further assistance is needed, please do not hesitate to call me on Thank You, Herb Bradshaw Manager OSP Planning& Engineering Design AT&T Florida B P 1 a i 1 & P r u Iµ� �� 'U�%u G,NJr. M i,,,; � G:;'✓%GJ l,� ,F.m"�� f i )�" �l ���� � � "�P �k Ir f l N WI U PG Map �r iPr rn`afr�r�wnlWy � „� ry 'W e m G n� M N,u w ,rr t l o vl ���1 ... n r 0 b 4' Jal Roads Pa rr—els (305)295-IODD 11 1001 James Sbvet FO 8=6100 10 Key West,FL 33040-6100 wwwXeysEmr9y.com UTILITY BOARD OF THE CITY OF KEY WEST August 20th, 2014 Nick Batty, Esq. SMM OROPEZA, P.L. 13!8— 142 Simonton Street Key West, FL 33040, RE: Road Abandonment— Peninsular Avenue, Stock Island Dear Mr. Batty: Keys Energy Services (KEYS) has reviewed your request for road abandonment for portion of Peninsular Avenue in Stock Island. KEYS has no objection to the proposed road abandonment as long as an easement is provided for the overhead or underground service feeding a double unit at Tortuga West Housing. Please note that this easement shall provide 100% unrestricted truck access at all times. If you have any questions, please feet free to contact me at 305.295.1055. Sincerely, /ogwt'-) P41 Matthew Alfonso Engineering Supervisor Matthew.Alf MA/mpa Copied via electronic mail: Lynne Tejeda, General Manager&CEO Jack Wetzler, Assistant General Manager&CFO Dale Finigan, Director of Engineering &Control David Price, Director of T&D Alex Tejecla, Director of Customer Services - �f-Z RIP J. 1 IN, 00 A t�J 14 Xt LO 1A �o. ' ,+ " r Z'm�� �^�y ���nnn 4µ \ v� st »31 � w mr �c ,62 q"51 , 1 ,111 al 0 '. c% ... M..0 CL . .. uj w. t" PO z JAI 3 rV1 3 Us 17 w; F _ p .2. (01 0 its LU �.. �.a. � m -- Fn till 9. MIN o CL -0 �. 4-0 i z� Ott a �' �� l _. .__.__.._ ........,.,,m. .. a .. _ . .. ...,. .._., e.m� ,,.,..,.ew. ._..............� To: Bail Creech Planning Commission Coordinator Fr Captain Donald Hiller Monroe County Sheriff's Office Date. May 7, 2014 Re: Road abandonment Petition Review: Oceanside Investors LLC-file## 2014-054 1 have reviewed the petition for road abandonment for the above-described location. Ingress/egress is not an issue for emergency vehicles since the location will still have access to The Hickory House property as well as an additional entrance/exit to the Tortuga West 6900 Maloney Ave. property. There is not going to be an issue with additional traffic or hazards to the neighborhood if this land is abandoned. I have conferred with Attorney Barton Smith on this request and for clarification and am comfortable with this approval. The Monroe County Sheriff's Office has no objections to the abandonment of this land. Please feel free to contact me if you have further questions. 5525 C"CXLI;GE 4")J ) 'KEY WES"I"„ F1,33040 (30 )292 " 001 WFC1:Y"ti„ 0.NE°..1„ c C'Omcast lb onicast Cable 1010 Kennedy Drive, Suite 200 Key West, FT 33040 August 25, 2014 Nick Batty, Esq. Smith � Oropeza, P.L. 138-142 Simonton Street Key West, Florida 44040 RE: Road Abandonment Peninsular Avenue, Stock Island, Florida 33040 Dear Mr. Nick Batty: Comeast has no objection to the abandonment of the portion of Peninsular Avenue adjacent to Block 46, Lots 32, 33, 34, 35 and Block 60 Lots 2 and 3. If you have any questions or are in need of further information please contact me at 305-809-1255. Sincerely, Greg Daniels Lead Construction Technician Comcast Cable, Florida Keys R.f q✓, U y�5pp� ✓ ��y FAN � '�j&"� �' 1: `" —y PPPEEt �Y X ty UA 1: LJIJON ��j a'1 Li LO 4S� y ��5 �a ���a�, "^"'Y.,. .., ......... �.s ✓' ,§.d a`' � � f<' r.: �y�"gyay+rr. y�gpai � "� w ro"3 aro.�" ��ra:.a-•+'�cr 9 r'`" r' i'1 w~ fr. Ca �. �,:,yr � S � x`� r i� �"`� a�" �"nar'� .t•+ �°�� �� v 5+,� � 4m ca w�, r m .a - .. Ld u a� Ld qa* ii fi' �^y €sf 4 A_. ) w� & a L tYh a rO 09 (WO a ,a~�•�� isµ u Ma.k S,f 3 kel 4'� taro C7 C1�a a .. '"�"^ b« AY L i iC"�ry:y ti: (a c a'ro r a aar 'a c3 4,5�,,, ua�ca ct ellG e t S a c' r r F Lz k y 1,5 r ' *,",y,can i,x ......,..,. ._._..,...,.._. �.'. 7T1,% , �_._............._.».,. r " 't t '00 4, Vol u+b a c'x u'x �:5' � 'a,�.f � r,.\•�r.. \"x/ � '�+ ` . d IJ awl isw �¢ n -F,„+r s�p C vu v lot a 9 rtu 1 is tC`� .y.r w!`` .`✓ w.."� % x..D xr•• S1'C4 .T",%"s a Cx'"" uo \ it V) %xUP! W[ arc{ two ',e Y °A s y'� l A^'ar�1°c'�a �y, NOW. A °�3 i S`t 0 1 7. aa gg 4e .ae rv,� Ua-� � 2Sa� ��,d n d" a5 Sim 1 tt ¢x x r „e4 Ina! irte i a+t d.a eS C t s - �d mx 'rs "'1,'1'1Y P.Y•6•x•PP:Y' .zj l71 'V7 a' :k OY. `Y xa Ito z".y �+ 90 cy _ ski 6., w.o. °mile I t a t l ri trr pal— slit; �, r x ,"Y ca tepig arWIN ' Letter of No Ob jecd I on from TartuLva West Homeowners' Association, Inc. (to be submitted subsequent to submission of application) VIA ELECTRONIC MAIL:n,kqk—@)—siniLhoropeza-corq; bart(d),sinithorope Aog>M October—..-,2014 Barton W. Smith, Esq. Counsel for Oceanside Investors, LLC' Smith Oropeza, P.L.. 138­142 Simonton Street Key West, Florida 33040 Re: Tortuga West 11omeowners' Association, tnc. Letter elf No Objection to Abandonni ida Dear Mr. Smith: As you know, Tortuga West Homeowners' Association, Inc., a Florida not for profit corporation (-Tortuga West") is the owner of real property located at 6900 Maloney Avenue, which contains a portion of Monroe County Real Estate Number 126230 and Monroe County Real Estate Number 126200. These parcels are adjacent to the portion of Peninsular Avenue for which Oceanside Investors,, LLC; has applied for abandonment from Monroe County, and which is depicted in the attached survey. Pursuw,it to Section 5.9 of the Declaration of Protective Covenants, Restrictions and Easements of Tortuga West (the "Declaration"), "[iln the absence of a specific requirement of approval by Members, the Board may act on its own through its proper officers with or without a specific authorizing resolution." The abandonment was raised at a recently held meeting of the Tortuga West Board of Directors ("Board"), and the consent was duly approved by a vote of the majority of directors present, at a meeting where quorum was present, in conformance with Article 111, Section E(5) of Tortuga West's By-laws. Pursuant to Article IV Section H of Tortuga West's By-laws, the President of Tortuga West shall sign all leases, mortgages, notes, checks, deeds and other written instruments necessary to perform all of the duties incident to the office and which may be required frorn time to time by the Board. As such, my signature on this Letter of No Objection serves to indicate that Tortuga West has no objection to the abandonment of the area delineated on the attached survey, and 'd W h J Y 1 I V 3 Y 3 II Pri k/p // P✓ r Imo.. v L.1..J w> � u R E S JPO yell Lvi ED "tN ww, I„I Y e r l � k WA d Ntl tl4 f{ ✓f Ct v: rxa ws ea a f I a un" " Ip� � ra pp pp i am " � a0: n 2 ce u'i � Nu b tolls% r �'�,% .'�,q `'g INS " rn ' �661 ar a� ': i PAW 46 l 41 ,w..r a. V ... f all! LP! _. .. ............ ...m &? �,�t p� „ GV CV".. � r u't Ca IIgnn.4 , k _. J .., Rif V �„I ry { 4d T'I 41 C) N'.b Alm } a L HA "I.. J.n Off Pwx •' �. ftb u- �r 6 � 5 4 bw 0J Cf} „C:;f1%mr 4� u"3 I k'✓� rt r'y L'V, yi, tl)� C1x I 7 0.il 4w Cu7 mw � r: �,>H r,M qs IIYY 'r wtt CY � q-� u o i I k �r MONROE COUN .1­1 Y SHERIFF'S 01r-�FICE R I OJA RD A. RA MSAY, S H E R I F To: Gail Creech, Planning Commission Coordinator Fr: Capt. Don Hiller Date: September 23, 2014 Re, Road abandonment Petition for Oceanside Investors LLC File#2014-132 I have reviewed the petition for road abandonment for the above-described location, Ingress/egress is not an issue for emergency vehicles since the location will still have access to the entrance/exit to the Tortuga West 6900 Maloney Ave. property. There is not going to be an issue with additional traffic or hazards to the neighborhood if this land is abandoned. I have conferred with Attorney Barton Smith on this request and for clarification and am comfortable with this approval. The Monroe County Sheriff's Office has no objections to the abandonment of this land. Please feel free to contact me if you have further questions. 5525 COLLE(";f ROAD KEY WES 1, FL 33040. 605)292 7001 WWWA4YSSO .NFT 00 f Engineering Department .. MEMORANDUM To: Gail Creech , From: Judy Clarke, Director of Engineering Services,,, .. �, Date: February 19, 2014 1 Re: Ed Swift Road File 2014-911 I have reviewed the proposed road abandonment and do not have any objections to the abandonment of portion of fed. Swift Road. The right of way is 23 ft, wide and therefore is too narrow to construct a T-turnaround, which is typical at the end of a road. If you should have any questions please feel free to contact me by email at clar c- _�aclitb�(j), on,Loecojir -fiLgg o•by telephone at 30 -2 -4329). � �xx Engineering Department MEMORANDUM To: Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E,, Director of Engineering Service Date: October 6, 2014 Re: File#2014-132, Oceanside Investors LLC - Road Abandonment Petition 1 have reviewed the above referenced road abandonment petition. The application did not include a letter of no objection from 'I"ortu a West Homeowners Association, who is the adjacent property owner. Should the road abandomnent petition be approved, it is possible that Tortti aWest's 30 ft. wide portion will be insufficient to maintain existing,two- way ingress/egress from the complex via the f"onner l'ersiDss.slar Avenue access drive, Iftwo-way access is neither required nor desired this will not pose a problem. Any resulting access drive will not be a county maintained road/right of way; therefare, Engineering Department does not have any objections to the proposed abandonment. If you should have any questions or need any additional information, please feel free to contact me by telephone at 305-295-4329 or by einail at clar e-,'u iitli�(f,)i ton.roecounty-f1.gov. cc: J. l faben-nan > 4 LOT 29 e Jr� - L04 70L. — I4Fr LOT LOT > L J� .�_.` 11 LOT rpLpr 21 33T 34 35 ----g 1�i0 Ej r3� �rg� k ,.^ F I ®LK,e } 9 tt T .k I,IL aso,, PARCEL. A LOT 1 .:. LdT 3 .._L 0 T 4 [� f , LOT 333 kF7 4{i G�,�,� 20 s a f � 1 LOT ., B � o RC�L PAR C E L J > 1 »o�or PARCEL F� I ARCEL -E 4 1t IF we LI HOT A PAM �a��' a m. � � I P A R C E L C .>� ./ Fj i T 7 6 3 I� HOt A PARE ax++ T r�r iI .P E. ! � R N 9 00�00 E mo n.� ....>....,.. rbi s H r A T t • u usr m�o � PARCEL„ ,w' 0 m�,Pdo j I IS STRAITS OF FLOR I � � � .,