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
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10
12
13
14
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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)
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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
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Road Abandonment Pe tion
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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
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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
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Alter .- 11 1 2 100127420-000000
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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,
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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
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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
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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
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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
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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
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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
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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
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