Item K06 �s K.6
r`,
County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
February 17, 2021
Agenda Item Number: K.6
Agenda Item Summary #7710
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500
n/a
AGENDA ITEM WORDING: A resolution setting the time, date, and place for a public hearing to
consider a request by Southeast Investment Partners, LLC on behalf of Darnall Family, LLC, for a
resolution renouncing and disclaiming any right of the County and the public in and to the right-of-
way of a portion of Hazel Street, Key Largo, Monroe County, Florida, as shown on the plat of
Monroe Park, Plat Book 3, Page 140, bounded on the north by Hazel Street; bounded on the west by
Lots 17 and 18; bounded on the south and southeast by Lots 14, 15 and 16; and bounded on the east
by Lot 13.
ITEM BACKGROUND:
The applicant, Southeast Investment Partners, LLC, on behalf of Darnall Family, LLC, has requested
the abandonment of the below-referenced portion of Hazel Street, in the subdivision of Monroe Park,
according to the Plat thereof, as recorded in Plat Book 3, Page 140, of the Official Records of
Monroe County, Florida, bounded on the north by Hazel Street, bounded on the west by Lots 17 and
18, bounded on the south and southeast by Lots 14, 15 and 16, and bounded on the east by Lot 13.
The applicant is requesting the abandonment of the southern portion of the right-of-way of Hazel
Street that bisects the applicant's property. The applicant owns surrounding Lots 13-18 which rim
portion of right-of-way the applicant has requested abandonment of. The applicant has indicated that
it has made this request to use the vacant lots to construct accessory structures (tennis courts, pool
with cabana, etc.)to serve the existing single family residences on Lots 13 and 16.
The figure below shows proposed location and portion of right-of-way the applicant has requested
abandonment of.
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This right-of-way abandonment petition has been reviewed by County staff and all utilities and
relevant parties have stated that they have no objection, so long as the following conditions are met:
The Florida Keys Aqueduct Authority (FKAA), in a letter dated August 28, 2019, requires the
applicant to relocate existing utilities (three (3) water meters and water main), located in the subject
right-of-way. The applicant has agreed to relocate all FKAA existing utilities at its (the applicant's)
expense as provided in the Right-of-Way Abandonment Agreement for Utility Relocation. The
applicant shall coordinate with Monroe County for a permit to work within the right-of-way and
with FKAA for the required utility permit within 180 days of the approval of the subject right-of-
way abandonment request.
The Agreement shall be recorded at the applicant's expense and will be accepted by Monroe County
and FKAA as part of the Resolution of the BOCC approving abandonment of the above-referenced
portion of right-of-way. Should the applicant fail to complete the utility relocation as stated in the
Agreement, or fail to comply with any other permit or Agreement requirement, the right-of-way
shall automatically revert to Monroe County by operation of law.
Additionally, the Florida Keys Electric Cooperative (FKEC), in a letter dated July 17, 2020, requires
the applicant to provide an easement for all FKEC-owned facilities located in the subject right-of-
way. AT&T has issued a letter of no objection, provided that the applicant obtains an easement with
FKEC. On January 22, 2021, the applicant provided County staff with a signed and executed
easement with FKEC. FKEC will be recording said easement with the Office of the Monroe County
Clerk of Court.
Pursuant to Monroe County Code of Ordinances 19-1(d), all right-of-way abandonments shall
comply with Monroe County Code(s) and standard engineering requirements for road, turn-around
and fire-rescue access. If required for safety purposes, as determined by either Fire Marshal or the
County Engineer, a dedicated turn-around area shall be shown on the submitted survey and shall be
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agreed to in writing and constructed with payment by the property owner(s) requesting
abandonment. A T-turnaround is required by Monroe County Fire Marshal and the Monroe County
Engineering Services Office.
Accordingly, County staff has found that the proposed abandonment meets the criteria of Monroe
County Code of Ordinances Section 19-1, and recommends approval of a Resolution setting a
public hearing for March 17, 2021, at the Murray E. Nelson Government Center, 102050
Overseas Highway, Key Largo, Florida.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
RESOLUTION Setting Hearing
Staff Report
Survey
Abandonment and Turnaround Plans
FKAA Utility Agreement-Updated 01.20.21
Turnaround Agreement
FKEC_Distribution Easement executed
Utility Letters
Fire-Sheriff-Code-Engineering - Letters
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
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Insurance Required: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 01/29/2021 5:08 PM
Peter Morris Completed 02/02/2021 11:58 AM
Assistant County Administrator Christine Hurley Completed
02/02/2021 12:24 PM
Purchasing Completed 02/02/2021 12:39 PM
Budget and Finance Completed 02/02/2021 1:40 PM
Maria Slavik Completed 02/02/2021 1:42 PM
Liz Yongue Completed 02/02/2021 2:11 PM
Board of County Commissioners Pending 02/17/2021 9:00 AM
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K.6.a
RESOLUTION NO. -2021
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE
PROPOSED ABANDONMENT OF A PORTION OF THAT CERTAIN RIGHT-OF-WAY LOCATED
ON HAZEL STREET,AS SHOWN ON THE PLAT OF MONROE PARK,PLAT BOOK 3,PAGE 140,
IN THE OFFICIAL RECORDS OF MONROE COUNTY, FLORIDA, BOUNDED ON THE NORTH
BY HAZEL STREET, BOUNDED ON THE WEST BY LOTS 17 AND 18, BOUNDED ON THE
SOUTH AND SOUTHEAST BY LOTS 14, 15,AND 16,AND BOUNDED ON THE EASE BY LOT 13,
MORE PARTICULARLY LOCATED AT SECTION 04, TOWNSHIP 60 SOUTH,RANGE 39 EAST, )
KEY LARGO,MONROE COUNTY,FLORIDA.
WHEREAS, an application was filed by Southeast Investment Partners, LLC, on behalf of Darnall C
Family, LLC, requesting for the Monroe County Board of County Commissioners ("Monroe County" or the a)
"County")to abandon a portion of Monroe County's right-of-way situated on the above-referenced portion of 0
Hazel Street, Key Largo, Monroe County, Florida; and
WHEREAS,under the Monroe County Code and Florida Statutes Chapter 336,it is necessary to hold
a public hearing for Monroe County Board of County Commissioners to decide whether to vacate said portion 0
of Monroe County's right-of-way; and �--
WHEREAS,the Board of County Commissioners of Monroe County,Florida,desires to hold a public
hearing to decide whether to vacate said portion of Monroe County's right-of-way; _
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The foregoing recitals are true and correct, and are hereby incorporated as if fully set
forth herein.
Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a public
hearing on March 17,2021,at the Murray Nelson Government Center, 102050 Overseas Highway,Key Largo,
Monroe County, Florida, to determine whether or not to renounce and disclaim any right of Monroe County
and the above-referenced portion of the County's right-of-way, more particularly described as follows,to-wit: E
THE PUBLIC RIGHT OF WAY DESCRIBED AS:
A PORTION OF THE 60 FOOT RIGHT OF WAY AT THE SOUTHERLY END OF HAZEL STREET AS
DEPICTED ON THE PLAT OF "MONROE PARK" IN PLAT BOOK 3, PAGE 140 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA. SAID PLAT BEING IN FRACTIONAL SECTION 4,
TOWNSHIP 60 SOUTH, RANGE 39 EAST WITH SAID PORTION OF RIGHT OF WAY BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY MOST CORNER OF LOT 13 OF SAID PLAT; THENCE
S0055'26"W ALONG THE EASTERLY RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF
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18.00 FEET TO THE POINT OF BEGINNING; THENCE SO°55'26"W CONTINUING ALONG SAID
EASTERLY RIGHT OF WAY A DISTANCE OF 82.00 FEET TO A COMMON POINT BETWEEN SAID
LOT 13 AND LOT 14 OF SAID PLAT; THENCE S38°24'21"W A DISTANCE OF 86.00 FEET TO A
COMMON POINT BETWEEN LOT 15 AND LOT 16 OF SAID PLAT; THENCE S55°08'29"W A
DISTANCE OF 23.69 FEET TO A COMMON POINT BETWEEN SAID LOT 16 AND LOT 17 OF SAID
PLAT, SAID POINT BEING THE SOUTHERLY TERMINUS OF SAID EASTERLY RIGHT OF WAY;
THENCE DEPARTING SAID EASTERLY RIGHT OF WAY N17002'10"E ALONG THE WESTERLY
RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF 41.64 FEET; THENCE N0055'26" E
CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 124.09 FEET; THENCE
DEPARTING SAID WESTERLY RIGHT OF WAY S89004'34"E ALONG A LINE PERPENDICULAR TO
SAID WESTERLY RIGHT OF WAY A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 7,433.18 SQUARE FEET OR 0.171 ACRES, MORE OR LESS.
Section 3. Construction and Interpretation. This resolution and its interpretation shall be
liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) '
of the County. The construction and interpretation of this resolution and all Monroe County Comprehensive v)
Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose N
interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be liberally s
construed and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies) of the
County, and shall be deferred in favor of the BOCC and such construction and interpretation shall be entitled E
to great weight in adversarial administrative proceedings, at trial,bankruptcy, and on appeal. 0
Section 4. No Liability. Monroe County expressly reserves and in no way shall be deemed to
have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental, and any
other similar defense, immunity, exemption, or protection against any suit, cause-of-action, demand, or
liability. W
Section 5. Severability.If any provision of this resolution,or any part or portion thereof,is held
to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
invalidity or unenforce ability of such provision, or any part or portion thereof, shall neither limit nor impair
the operation, enforceability, or validity of any other provision of this resolution, or any remaining part(s) or
portion(s) thereof. All other provisions of this resolution, and remaining part(s) or portion(s) thereof, shall S
continue unimpaired in full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a Z
regular meeting held on the 17'day of February, 2021. �
Mayor Michelle Coldiron
Mayor Pro Tem David P. Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Mike Forster E
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
BY:
Mayor Michelle Coldiron
(SEAL)
ATTEST: KEVIN MADOK, CLERK UUNAOE COUNTY ATTORNEY
A S To OFIM
AS DEPUTY CLERK
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2 c ,. .
3 MEMORANDUM
4 Monroe County Planning & Environmental Resources Department
5 We strive to be caring,professional and fair
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Emily Schemper, AICP, CFM, Sr. Director of Planning & Environmental
10 Resources
11
12 From: Janene Sclafani, Transportation Planner
13
14 Date: January 22, 2021
15
16 Subject: A public hearing to consider the approval of a resolution renouncing and �.
17 disclaiming any right of the County and the public in and to a portion of the right- 2
18 of-way of Hazel Street, as shown on the plat of Monroe Park, in Section 04, v)
19 Township 605, Range 39E, ofMonroe County, Florida (File #2019-227) N
20 _
21 BOCC Meeting: February 17, 2021 (set public hearing)
22 March 17, 2021 (public hearing) E
r_
23 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
24
25 REQUEST:
26 Southeast Investment Partners LLC on behalf
27 of Darnall Family, LLC (the "Applicant") � '
28 requests an abandonment of a portion of Hazel
29 Street, in Monroe Park, according to the Plat , '' II �Z�� 0
30 thereof as recorded in Plat Book 3,Page 140, of ��
31 the Public Records of Monroe County, Florida }
32 bounded on the north by Hazel Street bounded ` " U)
v)
33 on the west by Lots 17 and 18; bounded on the
34 south and southeast by Lots 14, 15 and 16; and �� E
35 bounded on the east by Lot 13. -
36
37 The Applicant is requesting the abandonment of -
CC
38 the southern portion of the right-of-way of Hazel
39 Street that bisects the Applicant's property. The
s
40 Applicant owns Lots 13-18 which surround the
41 right-of-way abandonment request and has
42 made the request to use the vacant lots to
43 construct accessory structures (i.e.tennis courts
44 pool with cabana, etc.) to serve the existing Figure 1-Proposed Right-of--Way
Abandonment location.
45 single family residences on Lots 13 and 16.
46
Darnall Family LLC Abandonment Petition File 42019-227 Page 1 of 7
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I REVIEW OF APPLICATION:
2 The requested Right-of-Way Abandonment is established within the Monroe Park plat, a
3 subdivision in Section 04, Township 605, Range 39E. The plat was recorded on March 6, 1956.
4
MONROE PARK
I,0CAVt0 IN TRAP YFORAL. St CION 4,1C=WNS"PP40S OAIPN•Na.NOF NO 101ST
lk
f 0
P.D N requested
to be abandoned
t N
0
Figure 2-Excerpt of Monroe Park Plat
5 0
6 The proposed abandonment portion is described as follows:
7
8 A PORTION OF THE 60 FOOT RIGHT-OF-WAY AT THE SOUTHERLY END OF HAZEL
9 STREET AS DEPICTED ON THE PLAT OF "MONROE PARK"IN PLAT BOOK 3, PAGE 140
10 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. SAID PLAT BEING IN
11 FRACTIONAL SECTION 4, TOWNSHIP 60 SOUTH, RANGE 39 EAST WITH SAID PORTION
12 OF RIGHT-OF-WAYBEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
13
14 COMMENCING AT THE NORTHWESTERLY MOST CORNER OF LOT 13 OF SAID PLAT;
15 THENCE S0055'26"W ALONG THE EASTERLY RIGHT-OF-WAYOF SAID HAZEL STREET A
16 DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING; THENCE S0055'26"W
17 CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAYA DISTANCE OF 82.00 FEET TO A
18 COMMON POINT BETWEEN SAID LOT 13 AND LOT 14 OF SAID PLAT; THENCE
19 S3802421"WA DISTANCE OF 86.00 FEET TO A COMMON POINT BETWEEN LOT 15 AND
20 LOT 16 OF SAID PLAT; THENCE SSS°08'29"W A DISTANCE OF 23.69 FEET TO A COMMON
21 POINT BETWEEN SAID LOT 16 AND LOT 17 OF SAID PLAT, SAID POINT BEING THE
22 SOUTHERLY TERMINUS OF SAID EASTERLY RGIHT-OF-WAY, THENCE DEPARTING SAID
23 EASTERLY RIGHT-OF-WAYNI7°02'10"E ALONG THE WESTERLY RIGHT-OF-WAYOF SAID
Darnall Family LLC Abandonment Petition File 42019-227 Page 2 of 7
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I HAZEL STREET A DISTANCE OF 41.64 FEET- THENCE N0055'26"E CONTINUING ALONG
2 SAID WESTERLY RIGHT-OF-WAYA DISTANCE OF 124.09 FEET; THENCE DEPARTING
3 SAID WESTERLY RIGHT-OF-WAYS89004'34"E ALONG A LINE PERPENDICULAR TO SAID
4 WESTERLY RIGHT-OF-WAYA DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING.
5 CONTAINING 7,433.18 SQ UARE FEET OR 0.171 ACRES, MORE OR LESS.
6
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M 2
M M _
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e y
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0
0
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Figure 3-Excerpt of Boundary Survey
7
8 The Applicant owns the properties surrounding the requested portion to abandon; Lots 13-18. The
9 Applicant has submitted a road abandonment petition in order to use the vacant lots to construct
10 accessory structures (i.e. tennis courts, pool with cabana, etc.) to serve the existing single family
11 residences on lots 13 and 16.
12
13 The Applicant seeks the abandonment for the following reasons: "over the past several years The
14 Darnall Family has purchased the contiguous Hazel Street lots 13, 14, 15, 16, 17, and 18. Four of
15 these are now vacant land and available for development as single family homes with supporting
16 municipal service requirement. While this would be the best financial return on investment for the
17 property owner, the Darnall Family believes that less density would best preserve the qualities of
18 the neighborhood and the broader community. As such, the applicant proposes for your
19 consideration that the foregoing lot(s) be amenities to the main residence, such as a proposed
20 tennis courts with a proposed pool with cabana etc. Development of each lot would limited to the
21 zoning constraints applicable."
Darnall Family LLC Abandonment Petition File 42019-227 Page 3 of 7
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1
2 This petition has been reviewed by County staff and written recommendations of no objection
3 were received from the following private utilities and County departments:
4
5 • Florida Keys Electric Cooperative (FKEC), letter dated July 17, 2020; (Easement)
6 • AT&T, letter dated November 20, 2020;
7 • Comcast, letter dated November 18, 2020;
8 • Florida Keys Aqueduct Authority (FKAA) letter dated August 28, 2019; (Relocate
9 utilities)
10 • Key Largo Wastewater Treatment District(KLWTD) letter dated August 11,2020;
11 • Monroe County Fire Marshal, letter dated September 5, 2019;
12 • Monroe County Sheriff's Office, letter dated April 2, 2019 and December 3, 2019;
13 • Monroe County Engineering Department, letter dated December 30, 2019; and
14 • Monroe County Code Enforcement, letter dated March 1, 2020
15
16 FKAA, letter dated August 28, 2019, requires the Applicant to relocate existing utilities (three (3) 0)
17 water meters and water main), located in the subject right-of-way. The Applicant has agreed to 2
18 relocate all FKAA existing utilities at his expense as provided in the Right-of-Way Abandonment
19 Agreement for Utility Relocation. The Applicant will coordinate with Monroe County for a permit s
20 to work within the right of way and with FKAA for the required utility permit within 180 days of F
21 the approval of the right of way abandonment.
22 C
23 The agreement will be recorded and accepted by Monroe County and FKAA as part of the
24 abandonment resolution. Should the Applicant fail to complete the utility relocation as stated in
25 the agreement the right-of-way will revert to Monroe County.
26
27 Additionally, FKEC, letter dated July 17, 2020, requires the Applicant to provide an easement for �--
28 all FKEC owned facilities located in the subject right-of-way. AT&T has issued a letter of no
29 objections, provided the Applicant obtains an easement with FKEC. On January 22, 2021, the
30 Applicant provided the County with a signed and executed easement with FKEC. FKEC will be
31 recording the Easement with the Monroe County Clerk of the Court.
32
33 Monroe County Code Section 19-1 - Abandonment of rights-of-way states:
34
35 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-
36 of-way is no longer required for public use and convenience. Any proposed abandonment
37 must demonstrate that such action will not adversely affect public safety or convenience or
38 otherwise have a negative impact on the county system of streets or public or private utility
39 facilities.
40
41 The Applicant states: "With the lot consolidation, there is no need for Key Largo to
42 maintain Hazel Street as public along the frontage of these lots. The public has no
43 legitimate legal interest in accessing the street frontage or ocean frontage these privately
44 owned lots afford the owner of the subject lots. A T-turnaround is provided per the
45 engineering plan attached to this petition to accommodate public services and safety
Darnall Family LLC Abandonment Petition File 42019-227 Page 4 of 7
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I concerns. See attached documentation evidencing municipal, utility, and neighborhood
2 support."
3
4 As noted above, a utility agreement is required from FKAA. The agreement will be
5 recorded and accepted by Monroe County and FKAA as part of the abandonment
6 resolution. Should the Applicant fail to complete the utility relocation as stated in the
7 agreement the right-of-way will revert to Monroe County.
8
9 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
10 (1) the right-of-way terminates on a body of open water; or
11
12 The platted right-of-way does not terminate on a body of open water.
13
14 (2) the right-of-way provides access to the public to land on open water; or
15
16 The platted right-of-way does not provide access to the public to land on open
17 water. 2
18
19 (3) the abandonment would preclude a way for the public to maintain access to the N
20 water. _
21
22 The abandonment would not preclude a way for the public to maintain access E
23 to water. 0
24
25 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
26 agreement to do so by all affected property owners. For purposes of this subsection, an
27 affected property owner is the owner of property which, if the right-of-way is abandoned,
28 will:
29 (1) Have access that is currently used by that property owner eliminated; 0
30
31 The requested abandonment is for a portion of right-of-way only gives access
32 to the Applicant's property. v)
33
34 (2) Have the only platted access eliminated; E
35
36 The requested abandonment is for a portion of the right-of-way of Hazel
37 Street that is not used for access by other properties. It only gives access to
38 the Applicant.
39
40 (3) Have the paved area adjacent to that property increased for turn-around purposes;
41 or
42
43 A T-turnaround is required. The Applicant has provided a written Right-Of-
44 Way Agreement for Turnaround Construction.
45
46 (4) Be increased in size.
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1
2 The affected properties will be increased in size by 7,433.18 square feet in
3 total, all of which will go to the Applicant. There is no objection to this
4 increase.
5
6 (d) All Right-of-Way abandonments shall comply with the County Code and Standard
7 Engineering requirements for road, turn-around and fire-rescue access. If required for
8 safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated
9 turn-around area shall be shown on the submitted survey and shall be agreed to in writing
10 and constructed with payment by the property owner(s) requesting abandonment.
11
12 No objections were given from Monroe County Fire Marshal. The memorandum
13 dated September 5, 2019,provided that:
14 1) The property shall be maintained as a fire department access road with
15 a minimum unobstructed width of 20', minimum vertical clearance of
16 13'6" and a surface to support the imposed loads of a fire apparatus. u
17 2) A T-turnaround shall be provided in a location accessible to the fire 2
18 department in non-emergency conditions.
19 3) The access road shall be maintained and shall comply with all of the s
20 requirements set for in Florida Fire Prevention Code NFPA 1, Chapter
21 18.
22 4) No storage shall be permitted on the access road. r_
23 5) The road shall not be blocked and no parking shall be permitted that
24 will obstruct fire trucks from being able to access all 6 parcels listed:
25 a. 00573010-000000
26 b. 00573000-000000
27 c. 00572990-000000
28 d. 00572980-000000
29 e. 00572970-000000
30 f. 00572960-000000
31 6) If a gate or fence is to be placed across the entrance to the access road it
32 shall require a permit. Access through the gate shall be provided
33 through use of a lock box system as approved by the local fire a
34 department.
35
36 No objections were given from Monroe County Engineering Services. The
37 memorandum dated December 30, 2019, states a T-turnaround is required.
38
39 No objections were given from Monroe County Code Compliance, memorandum
40 dated March 1, 2020.
41
42 (e) A Right-of-Way may be abandoned only at the terminal portion of the road and in its
43 full width unless one of the following applies;
44 (1) An adjacent lot owner has on the platted right-of-way or within a setback a
45 substantial structure which predates the Special Session Law 59-1578 pertaining
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I to maps,plats, and right-of-way. The term "substantial structure" specifically does
2 not include wood or metal fences, sheds or tiki huts or other items not listed which
3 are accessory structures; or
4 (2) The abandonment is requested by a County department or governmental agency
5 for a public use;for purposes of this subsection public use is a public facility and/or
6 public/private utility; or
7 (3) 3. The Right-of-Way area is unusual in size or shape and after abandonment the
8 remaining Right-of-Way width will be the same on both sides of the abandonment
9 as shown in Example 1.
10
11 The requested abandonment is for the terminal portion of Hazel Street.
12
13 The requested abandonment of a portion of the right-of-way of Hazel Street, in Monroe Park, a
14 subdivision in Section 04, Township 605, Range 39E, on Key Largo, Monroe County, Florida
15 meets the criteria cited above and is therefore suitable for abandonment.
16 u
17 RECOMMENDATION: 2
v)
18 Staff recommends approval of the requested right-of-way abandonment. W
N
C
0
0
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Return to: [
` I
Monroe C"ounty �-� � ,�
Motu-oe County Planning& Environmental Resources
2798 Overseas Highway, ulte 400 C_
Marathon, FL 33050
s
Prepared by.
-__-®®_-____a___-____-__®.— --- Space Above This Line For Recor iiio -__-__....__-__.-___-
RIB ` -OF- AY ABANDONMENT AGREEMENT FOR UTILITIES CONSTRUCTION
AND I E L A,n0N
This Agreement entered into this `CA dayof J, 202Dby_CW '� �t 4�
PETITIONER PROPERTY O NE.;R(hereinafter "PETITIONER"); and
WHEREAS, Monroe County Code ("Code") Section 19-1 authorizes, in certain circ:urnstances, �
abandonment of a.County right-of-way; and
WHEREAS, Code Section 19-1 provides, in relevant park, that "No ri -lit-o q,rar%shall be
abandoned unle�s.s there is an cagr•eernent to do ,so [,y all czf f�c°ted property orvnerP,s." For purposes of this
Section, an affected property owner is the rawer of property which, if such right-of-way is abandoned,
s/he will have, concerning said right-of-way, currently used access eliminated, and
cv
WHEREAS, Code Section 1-2 defines -pr°ol)erty" as including both "real and personal
proper(y, which therefore includes an affected owner ofpersonal property (for example, an owner of
an existing utility line who does not have a real property interest (such as an easement) in the same);
and
WHEREAS, the PETITIONER l has obtained a obtained a utility's "Conditional Netter of No
Objection" in which said entity F AA states that it has "No objection to the
abandonment of°the portion of
conditioned
on see enclosed abandonment suryey and;
WHEREAS, the PETITIONER hereby covenants with the County, by this drily executed and
recorded Agreement, that relocation of water services of such utility(ies) shall be the sale
responsibility of the PETITIONER and be at PETITIONER's sole expense (unless PETITIONED and
such utility( es) agree to otherwise); and
NOW THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS ( 10.00),
and as an inducement for the County fir approval ofthis Agreement, together with other- good and
valuable consideration, the adequacy and receipt of which are hereby acknowledged and attested to by
a.11 parties hereto, the PETITIONER agrees and covenants as follows:
I. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein;
and
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(2)water services and abandon
approx.160 L.K of existing
. The PETITIONER desires to relocate the water main, utility(ies), pursuant to
the Code, in compliance with the Monroe County Comprehensive Plan, and all other
applicable local, state, and federal laws, at that certain below-described real property:
Parcel(s)[Lot(s): Block:
Subdivision; see enclosed abandonment survey
Ivey; PlatBook: Page:
Approximate MileMarker: �
Real Estate Number(s): ; and
. All notices, consents, approvals, or other communications to the County hereunder shall be in
writing and shall be deemed properly served if sent by U.S. postal Service Certified Mail, return m
receipt requested, in the following form and address;
x3
Monroe County Planning & Environmental resources
Attn: Director of Planning
2798 Overseas Highway, Suite 400, Marathon, FL, 33050
. Any and all constructions) or interpretation(s) of the Monroe County Cade shall be deferred in.
favor of the County and,such construction and interpretation shall be entitled to great weight on ry
trial and on appeal, and
x3
5. RECORDATION, The PETITIONER hereby agrees to and shall, once executed by both parties,
record this Agreement with the Monroe County Clerk of Court and in the Public Records o
Monroe County, and shall solely pay any and all costs associated with such recordation; and
6. AMENDMENT R MODIFICATION. lido amendment(s) or modifications),to this Agreement �
Ware effective unless the County agrees, consents, and joints in writing thereto. The undersigned
PETITIONER shall record any such amendment(s) or modification(s) to this Agreement, and shall
solely pay any and all costs and expenses associated with,the recordation of any such
amendment(s) and modification(s); and
T LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a jury
trial and any rights it may have to bring a claim against the County for personal damage or injury,
or damage or injury to property, that is allegedly caused by the negligent action or inaction of the �
County or an employee or agent of the County arising from or caused by the County's
authorization(s), activity(ies), or inactivity related to this Agreement, further holds the County
harmless from the claims of all persons for action(s), inaction(s), activity(ies), darnage(s),
expense(s), and loss(es) occurring on the above-described property and location(s)/site(s)therein,
and the PETITIONER shall be solely responsible and liable for and to any and all parties who
engage in or otherwise perforrn work relating to said construction/development of the above-
rlecrribed and beloxvw described utility(ies) relocation(s), and the County shall in no way be cithcr
responsible or liable for any injury caused by the tools, materials, or equipment;used by the
2 of
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PETITIONER,, its employees or agents, or used by the PETITIO ER's Contractor(s), or its
employees or agents; and.
ICATIC. N. The PETITIONER hereby agrees to indemnify and defend the County
and its commissioners, officers, employees, and agents, from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by or property
interest(s) held by Monroe County) and any other losses, damages, and expenses (including
attorney's fees), arising from any injury or damage in connection with this Agreement; and
. PAYMENT, The PETITIONER is and shall be solely responsible for all costs incurred in the
carrying out of such the utility(ies) relocations) projects) construction/development. It is hereby
understood by the parties that the County shall incur no cost for or in relation to such project
construction/development. It is further hereby understood that there are no third- arty
beneficiaries to this Agreement, and that no Contractor or Sub-Contractor, or any ether person or
entity, shall look to County for payment related to such project construction/development; and
10.COMPLIANCE WITH LAWS.. The PETITIONER shall comply with all Articles of �
Incorporation, Bylaws, laws, ordinances, and governmental ruffles and regulations that apply to this
Agreement and to its activities on at the above-described real property locations)/site(s). The o
PETITIONER shall obtain all necessary permits, approvals, inspections, and authorizations a
may be required by such articles of Incorporation, Bylaws, and local, state, and federal
governments and agencies; and
11. JURISDICTION AND VENUE. This Agreement shall be governed by and construed in --
accordance with the Laws of the State of Florida and the United States. Exclusive venue for any
dispute arising under this Agreement shall be in the Sixteenth Judicial Circuit in and, for Monroe
County, Florida. This Agreement shall not be subject to arbitration. If the County brings an action
to enforce the provisions,restrictions, or terms contained herein and prevails in any such action, �
on trial or appeal, the County shall be entitled to reasonable attorney's fees to be paid by the
losing party(ies), at figures fixed by the court, as well as the reasonable cost(s) of restoring such
land to the natural vegetative and hydrologic condition existing at the time of execution and
recordation of this Agreement. These remedies are in addition to any other remedy, fine, or �
penalty which may be applicable under Chapter 162, 373, and 403, Florida Statutes, and any other 0)
action at law or in equity; and 2
1 . TERMINATION/REVOCATION IBC T OIL WAY ABANDONMENT. The
PETITIONER hereby agrees to submit a complete right of way permit application with Monroe
County and FKAA within one hundred eighty(180) days of the effective date of
the County's approval of the corresponding petition for right-of-way abandonment, If the
PETITIONED fails to so relocate ;such utility(ies) in accordance with the
FKAA Utility permit(s) and Monroe County night-of-way permit(s), or fails to
completed construction of such utility(ies) within said time-frame, said previously abandoned
right-of-way shall immediately revert back to the County. Nothing contained herein shall be �
construed to prohibit, limit, or otherwise restrict the Couxnty's authority to terminate this
Agreement, a duly approved right-of-way abandom-rent petition, a right-of-way permit, or any
either permit(s), approval(s), or inspection(s) corresponding to this Agreement or its corresponding
right-of-way abandonment petition., pursuant to applicable provisions of the Monroe County Cade
andlor the pen-nit(s) applied for or issued pursuant to this Agreement; and
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13..ENFORCEMENT. In the event of any breach or violation of the restrictions or tenns contained
herein, the County shall, without liability to the County, have the,right to unilaterally and without
notice terminate this Agreement and to proceed at law or in equity as may be necessary to enforce
compliance with the restrictions or terms hereof, and to otherwise prevent the breach or violation
of any of them, to collect damages, and may enforce this Agreement by emergency, preliminary,
and permanent injunction, including ex p rte action and motion for such injunction(s), it being
agreed that the County would have no adequate remedy at law, or such other legal method as the
County deerns appropriate. Uncured breach of violation of this Agreement by the PETITIONER
shall,without any additional notice beyond this Agreement's recordation, entitle the County to
immediately suspend and/or rescind, without liability to the County, development applications and
pending or issued permits, approvals, or inspections relating to this Agreement, except for those
permits, approvals, or inspections necessary to cure such breach or violation. The PETITIONER
P
hereby agrees to and shall pay for all costs associated with the County's enforcement a,ctiorr(s).
Such.County enforcement skull be at the County's discretion. Failure of the PETITIONER to
comply with or perform. any act required by or under this Agreement shall not impair the validity
of this Agreement, and County delay or failure to enforce, however long continued, shall not be
deemed a waiver or estoppel of the right to do so thereafter as to any such violation or breach; and �
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14.AUTHORIZED SIGNATORY. The signatory for the PETITIONER, below, certifies and
warrants that:
(a) The PETITI+DNER's name as set forth in this Agreement is its full and correct legal name (if an
entity, as designated in its corporate charter and as formally registered with the State).
N
(b) The individual executing this Agreement is duly authorized to so act and execute such
Agreement on behalf of the PETITIONER. C~
(c) As applicable, this Agreement has been duly approved by the P TIT ONER.'s board of
Directors and/or members, consistent with and compliant with the P'ETITIONER's Articles of
Incorporation, Bylaws, and all local, state, and federal law(s),.
(d) Furthen. -pore, as applicable, the PETITIONER shall, upon execution of this Agreement provide E
copies a list of its current Board of Directors and/or managers, a properly executed and
notarized corporate resolution approving this Agreement, a copy of its current Articles of
Incorporation, and, if PETITIONER has or is otherwise subject to Bylaws, a copy of such
current Bylaws.
15. S V lITY. If any condition provision reservation, restriction, right, or terra of this
Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the
invalidity or unenforccaility of such condition, provision, reservation, restriction, right, or terns �
shall neither limit nor impair the operation, enforceability, or validity of any other condition,
provision, reservation, restriction, right, or terra thereof: All such other conditions, provisions,
reservations, restrictions, rights, and terms shall continue unimpaired in full force and effect, and
16. PARAGRAPH READINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the particular
paragraph to which they refer; and
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17. EFFECTIVE DATE, This Agreement constitutes the entire Agreement and any representation or
understanding of any kind preceding the date of this Agreement's execution or recordation is not
binding on the County or the PETITIONER except to the extent it has been incorporated into this
Agreement. This Agreement shall become effective upon recordation in the Public Records of
Monroe County, and
18. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall
Sind and inure to the benefit of the County and the PI TITI I : and their respective legal
representatives, successors, and assigns. However, this Agreement shall not be conveyed,
assigned., or otherwise transferred from the PETITIONER. Any such transfer requires County
approval, and any such transfer absent County approval shall immediately render this Agreement
void ab initio, and. �
This Agreement is made in reliance upon information,representations,and documents provided by the
P TITIONER( ).If,at some later date,Monroe County determines that such information,representations,and/or
documents contained false or misleading information material to the County's consideration and assent to this
Agreement,the County reserves the right,in its discretion,to revoke such consideration and assent and to rescind
this Agreement and to pursue all remedies at law and equity,for injuries to the County caused by the submission of
such false or misleading material information.
0
EXECUTED ON THIS � � day of
WITNESSES PETITIONER(S)
Theordore Darnall
Witness . l nt Darn Petiti er No. I (Print e)
r
w�
xtness No. (Sig
Petitioner No. I (S' re) °'
$ .-
Witness No. 2 (Print Name) Date (Print)
Witness No. 2 (Signature) Authorized Official Capacity (Applicable if Entity �
Petitioner Executing Through EntityOwner's Director,
Officer, Trustee, or other Authorized Official (print Title
of Authorized apacity[Position))
Non-Entity Petitioner's/Non-Entity Petitioner's Principal
Mailing Address (Print)
Entity Petitioner-- Flailing Address (Print)
Entity Petitioner m registered Agent erne (Print)
of
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Entity Petitioner- registered Agent Flailing address
(Print)
Witness No. I (Print Name) Petitioner No. 2 (Print Name)
Witness No. I (Signature) Petitioner No. 2 (Signature)
Witness No. 2 (Print Larne) late (Print) �
Witness No. 2 (Signature)
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..... , -.
STATE F i � i
COUNTY OF
The foregoing instrument, Fight-of---Warr Abandonment Agreement for utilities Construction
and relocation, was acknowledged before me this $� �r,t�f � ' 24 .;. , by ry
( ,who i Prsonal l o me or produced
�ti
as proof of identification and did tale an oath, and by .�
who is personally known to me or produced
as proof of identi cati oath. ...>
sae Brode,4' .
t4OTARY PUBLIC
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Notary Public Seat Notary Public (Signature)
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MONROE COUNTY, FLORIDA
ACCEPTANCE RIGHT-AY
AGREEMENT ILI CONSTRUCTION
RELOCATION
In Witness Whereof, the County accepts this Right-of-Way handornnent agreement for Utilities
Construction and Relocation and executes this instrument can the date set forth below.
For Monroe County, Florida:
Judith S. Clark
First Witness (Print Name) Director of Engineering Services (Print Name)
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First Witness (Signature) Director of Engineering Services (Signature)
Second Witness (Print Name) bate (Print)
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Second Witness (Signature)
Approved as to Farm and Legal Sufficiency by:
Monroe County Attorney's Odire
State of Florida
County of Monroe =
Before me, the undersigned authority, personally appeared , who
is personally known to me, or has produced as identification.
Swornn and subscribed to me this day of 20 �
Notary Name and Number (Print) Notary Signature and Seal
7 of
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Name of Utility
ACCEPTANCE OF RIGHT
AGREEMENT UTILITIES CONSTRUC
RELOCATION
Florida Keys
In Witness Whereof, the Aqueduct Authority accepts this fight-of-Way Abandoiantent
Agreement for Utilities Construction and Relocation and executes this instrument on the date set forth
below..
For Fly (utility name);
First Wi ess (P erne) Signing Aut1to6ty of Utility(P'rint rne) ,
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First VWi ess (Signature) Signing Authorit-r`of Utility Signature) �
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Second Witness (Print Name)e) late (Print)
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and Wi e (Signature)
Appru�ed as to Fam7 and Legg[Sufficiency by.
Monroe bounty Attorney's Office
State of Florida
County of Monroe
]3ef re the undersigned authority, personally appeared who
is crsanally lriowr� o me, or has produced as identifcatian.
Swam and subscribed to me this� day of` 3
20 _.. �
e . S
Notary Name and Number(Print) Notary inature are 1
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Return to:
Monroe County
Monroe County Planning&Environmental Resources
2798 Overseas Highway,Suite 400
Marathon,FL 33050
Prepared by:
---------------------------------- space Above This Line For Recording
G T-OF-WAY ABANDONMENT AGREEMENT FOR TURNAROUND �
CONSTRUCTION
This Agreement entered into this day of , 2070 by . �
PETITIONER PROPERTY OWNER(hereinafter"PETITIONER"),
WHEREAS, Monroe County Code (hereinafter"Code') Section 19-1 authorizes, in
certain circumstances, abandonment of a County right-of-way; and
WHEREAS, Code Section 19-1 provides that such right-of-way abandonments must
0
comply with all applicable Code requirements for road, turn-around, and fire-rescue access; and
WHEREAS, Code Section 110-970)(16) provides as follows: "head-end roads,
designed to be so permanently, shall be provided at the closed end with a turnaround having an
outside roadway diameter of at least 70 feet, and a road property line diameter of at least 100
feet, or may be provided with a "T"type turnaround as may be approved per "Standard �
Specifications and Details of Monroe County"by the department of planning. "; and E
WHEREAS, Monroe County,finds the PETITIONER,must construct a T-turnaround in
accordance with the Public Works Manual-Standard,Specification and Details of Monroe County �
Division (inclusive of Road Specification section B"-2) and T-Turn around detail R' S. at the end
of Hazel Street(see enclosed survey) (insert, in legible print, name of subject right-of
way)"; and
d
WHEREAS, the PETITIONER hereby covenants with the County, by this duly executed
and recorded Agreement, that all construction and development of such T-type turnaround shall
be the sole responsibility of the PETITIONER; and
NOW, THEREFORE, for and in consideration of the sum of TEN and 00/100 DOLLARS
(.$10.00), and as an inducement to the County for the approval of this Agreement, together with
other good and valuable consideration,the adequacy and receipt of which are hereby
acknowledged and attested to by all parties hereto, the PETITIONED.agrees and covenants as
follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully stated
herein; and
Packet Pg.2039
K.6.f
. The PETITIONER desires to construct such a T-type turnaround pursuant to the aforesaid
Code provision(s), at that certain below-described real property.
Parcel(s)/Lot(s): Block:
Subdivision: Please refer to enclosed survey.
Key: Plat Book: Page:
Approximate MileMarker:
a
Real Estate Number(s): ; and
3. The PETITIONER agrees to construct said T--type turnaround in accordance with Public
Works Manual standard Specifications and Details of Monroe County Division (, inclusive a
of)B-2 and R-S, as attached in Exhibit" A ."The PETITIONER shall install said T-type ua
turnaround in accordance with the terms of the right-of-way permit issued by the Monroe
County Engineering Department and shall submit the proposed location(s)lsite(s) of such
turnaround as part of its the right-of-way permit application, which shall be subject to
compliance and sufficiency review by the County separate and apart from the
authorizations) conferred pursuant to this Agreement, and
4. All notices, consents, approvals, or other communications to the County hereunder shall be -�
in writing and shall be deemed properly served if sent by U.S. Postal Service Certified Mail, �
return receipt requested, in the following form and address:
Monroe County Planning& Environmental Resources
Attn: Planning Director
m
2798 Overseas Highway, Suite 40OMarathon, FL 33050
5. Any and all construction(s) or interpretation(s) of the Monroe County Code shall be
deferred in favor of the County and such construction and interpretation shall be entitled to
great weight on trial and on appeal; and M
E
6. RECORDATION. The PETITIONER hereby agrees to and shall, once executed by both
parties, record this Agreement with the Monroe County Clerk of Court and in the Public
Records of Monroe County at the same time as the road abandonment is recorded, and shall
solely pay any and all costs associated with such recordation; and
7. AMENDMENT OR MOD11FICATION. No amendment(s) or modification(s) to this
Agreement is/are effective unless the County agrees, consents, and joints in writing thereto.
The undersigned PETITIONER shall record any such amendment(s) or modification(s) to
this Agreement, and shall solely pay any and all costs and expenses associated with the
recordation of any such amendment(s) and modification(s); and
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8. LIMITATION OF LIABILITY. The PETITIONER hereby expressly waives its rights to a
jury trial and any rights it may have to bring a claim against the County for personal damage
or injury, or damage or injury to property, that is allegedly caused by the negligent action or
inaction of the County or an employee or agent of the County arising from or caused by the
County's authorization(s), activity(ies), or inactivity related to this Agreement, further holds
the County harmless from the claims of all persons for action(s), inacton(s), activity(ies),
damage(s), expense(s), and loss(es) occurring on the above-described property and
locations)/site(s) therein, and the PETITIONER shall be solely responsible and liable for
and to any and all parties who engage in or otherwise perform work relating to said
construction/development of the above-described and below-described T-turnaround, and the
County shall in no way be either responsible or liable for any injury caused by the tools,
materials, or equipment used by the PETITIONER, its employees or agents, or used by the
PETITICNER's Contractor(s), or its employees or agents; and
9. INDEMNIFICATION. The PETITIONER hereby agrees to indemnify and defend the
County and its commissioners, officers, employees, and agents, from any and all claims for U)
bodily injury (including death), personal injury, and property damage(including property
owned by or property interest(s) held by Monroe County) and any other losses, damages,
and expenses (including attorney's fees), arising from any injury or damage in connection
with this.Agreement; and
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10. PAYNWNT. The PETITIONER is and shall be solely responsible for all costs incurred in
the carrying out of such the T-type turnaround project construction/development. It is �
hereby understood by the parties that the County shall incur no cost for or in relation to such
project construction/development. It is further hereby understood that there are no third-
party beneficiaries to this Agreement, and that no Contractor or Sub-Contractor, or any
other person,or entity, shall look to County for payment related to such project
construction/development; and
11. COMPLIANCE WITH LAWS. The PETITIONER shall comply with all Articles of
Incorporation, Bylaws, laws, ordinances, and governmental rules and regulations that apply
to this Agreement and to its activities on and at the above-described real property
locations)/site(s). The PETITIONER shall obtain all necessary permits, approvals,
inspections, and authorization as may be required by such Articles of Incorporation, Bylaws, r
and local, state, and federal governments and agencies; and
E
12. JURISDICTION D VENUE. This Agreement shall be governed by and construed in
accordance with the Laws of the State of Florida and the United States. Exclusive venue for
any dispute arising under this Agreement shall be in the Sixteenth .judicial Circuit in and for
Monroe County, Florida. This Agreement shall not be subject to arbitration. If the County
brings an action to enforce the provisions, restrictions, or terms contained herein and.
prevails in any such action, on trial or appeal, the County shall be entitled to reasonable
attorney's fees to be paid by the losing party(ies), at figures fixed by the court, as well as the
reasonable cost(s) of restoring such land to the natural vegetative and hydrologic condition
existing at the time of execution and recordation of this Agreement. These remedies are in
addition to any other remedy, fine, or penalty which may be applicable under Chapter 162,
373, and 403, Florida Statutes, and any other action at law or in equity; and
3 of 7
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13. TE 'ATI N CAT ON OF RIGHT OF WAY ABANDONMENT, The
PETITIONER hereby agrees to have plans complete and obtain a right of way permit for
construction of such T-type turnaround in accordance with the requirements contained in the
Public Works Manual Standard Specifications and.,Details of Monroe County within one-
hundred eighty(1 SO) days of the effective date of the County's approval of the
corresponding petition for right-of-way abandonment. If the PETITIONER fails to so
construct such T-type turnaround in accordance with the Public Works Manual Standard
Specifications and Details of Monroe County Divisions inclusive oj)B-2 and R-S, or fails to
so construct such T-type turnaround within one hundred eighty days after issuance of the
right of way permit, said previously abandoned right-of-way shall immediately revert back
to the County. Nothing contained herein shall be construed to prohibit, limit, or otherwise
restrict the County's authority to terminate this Agreement, a duly approved right-of-way
abandonment petition, a right-of-way permit, or any other permit(s), approval(s), or
inspection(s) corresponding to this Agreement or its corresponding right-of-way
abandonment petition,pursuant to applicable provisions of the Monroe County Cade and/or ua
the permit(s) applied for or issued pursuant to this Agreement; and
14.ENFORCEMENT. In the event of any breach or violation of the restrictions or tens
contained herein, the County shall, without liability to the County,have the right to
unilaterally and without notice terminate this Agreement, and to proceed at law or in equity
as may be necessary to enforce compliance with the restrictions or terms hereof, and to
otherwise prevent the breach or violation of any of them, to collect damages, and may
enforce this Agreement by emergency, preliminary, and permanent injunction, including ex
parte action and motion for such injunction(s), it being agreed that the County would have
no adequate remedy at law, or such other legal method as the County deems appropriate.
Uncured breach of violation of this Agreement by the PETITIONER. shall, without any
additional notice beyond this Agreement's recordation., entitle the County to immediately
suspend and/or rescind, without liability to the County, development applications and
pending permits, approvals, or inspections relating to this Agreement, except for those -c
permits, approvals, or inspections necessary to cure such breach or violation. The
a
PETITIONER hereby agrees to and shall pay for all costs associated with the County's M
enforcement action(s). Such County enforcement shall be at the County's discretion. Failure
of the PETITIONER to comply with or perform any act required by or under this
Agreement shall not impair the validity of this Agreement, and County delay or failure to
enforce, however long continued, shall not be deemed a waiver or estoppel of the right to do
so thereafter as to any such violation or breach, and U
15.AUTHORIZED SIGNATORY. The signatory for the PETITIONER,below, certifies and
warrants that:
(a) The PETITIONER's name as set forth in this Agreement is its full and correct
legal name (if an entity, as designated in its corporate charter and as formally
registered with the State).
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(b) The individual(s) executing this Agreement is/are duly authorized to so act and execute
such Agreement on behalf of the PETITIONER,
(c) As applicable, this Agreement has been duly approved by the PETITIONER's Board of
Directors and/or members, consistent with and compliant with the PETITIONER's
Articles of Incorporation, Bylaws, and all local, state, and federal law(s).
(d) Furthermore, as applicable, the PETITIONER shall, upon execution of this Agreement,
provide copies of a list of its current Board of Directors and/or managers, a properly
executed and notarized corporate resolution approving this Agreement, a copy of its
current Articles of Incorporation, and, if PETITIONER has or is otherwise subject to
Bylaws, a copy of such current Bylaws.
a
16. SEVERABILITY. If any condition,provision, reservation, restriction, right, or term of this
Agreement is held to be invalid or unenforceable by any court of competent jurisdiction, the
invalidity or unenforceability of such condition,provision,reservation, restriction, right, or U)
term shall neither limit nor impair the operation, enforceability, or validity of any other
condition(s), provision(s),reservation(s), restriction(s), right(s), or term(s) thereof: All such
other conditions ,provisions reservations restrictions , r t s and terms shall
continue unimpaired in full force and effect; and
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17. 'PARAGRAPH HEADINGS. Paragraph headings, where used herein, are inserted for
convenience only and are not intended to descriptively limit the scope and intent of the
particular paragraph to which they refer; and
18. EFFECTIVE DATE. This Agreement constitutes the entire Agreement and any
representation or understanding of any kind preceding the date of this Agreement's
execution or recordation is not binding on the County or the PETITIONER except to the
extent it has been incorporated into this Agreement. This Agreement shall become effective
upon recordation in the Public Records of Monroe County.
19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and the PETITIONER and their respective
legal representatives, successors, and assigns. However, this Agreement shall not be r
conveyed, assigned, or otherwise transferred from the PETITIONER. Any such transfer �
requires County approval, and any such transfer absent County approval shall immediately
render this Agreement void ab initio; and
3
This Agreement is made in reliance upon information,representations,and documents provided by the
PETtTiONER(S).If,at some later date,Monroe County determines that such information, representations,
and/or documents contained false or misleading information material to the County's consideration and
assent to this Agreement,the County reserves the right,in its discretion,to revoke such consideration and
assent and to rescind this Agreement and to pursue all remedies at law and equity,for injuries to the County
caused by the submission of such false or misleading material information.
EXECUTED ON THIS 10 - day of 20
5 of
Packet Pg.2043
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WITNESSES PETITIONER(S)
'01o<1 Theodore Darnall
Witness 1 (Print Na ) Petitio eNo. 1 (Print Na "e)
ess Na. 1 (Signature) Petitioner No. 1 (Signature)
Witness No. 2 (Print Name) Date (Print)
Witness No. 2 (Signa
ture)( ) Authorized Official Capacity (Applicable if Entity
Petitioner Executing Through Entity Owner's 2
Director, Officer, Trustee, or other Authorized
Official (Print Title of Authorized
Capacity/Position)) )
Non-Entity Petitioner's/Non-Entity Petitioner's
Principal Mailing Address (Print)
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Entity Petitioner-Mailing Address (Print)
Entity Petitioner-Registered Agent Name (Print)
Entity Petitioner- registered Agent Mailing
Address (Print)
Witness No. 1 (Print Larne) Petitioner No. 2 (Print Name)
Witness No. l (Signature) Petitioner No. 2 (Signature) E
Witness No. 2 (Print Naive) Date (Print)
Witness No. 2 (Signature)
G of 7
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STATE QF �'a �� ®
COUNTY€ F 1 mw I. .
The foregoing instrument, Right-of-Way Abandonment Agreement for Turnaround
Construction, was acknowledged before me this .- day of , 20 , by
w i personally know r to the or produced
as proof of identification azd dit ake an oath, and by
, who is personally known to me or produced
as proof of identification and did take an oath.
a
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This document was prepared by:
Brittany Holley, Operations Assistant
Florida Keys Electric Cooperative
91630 Overseas Hwy; P. 0. Box 377
Tavernier, FL 33070-0377
Tax Parcel No: 00573010-000000
AK: 1709824
SPACE FOR RECORDING AREA
DISTRIBUTION 1 - -
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned grantors, (whether one or more)
PROPERTY O NER(S$: DARNALL FAMILY, LLC
MAILING ADDRESS: 605 HAZEL STREET, KEY LARGO, FL 33037
6
LEGAL DESCRIPTION OF PROPERTY: LT 18 MONROE PARK PB3-140 CROSS KEY OR586-825 OR1569-2445/46 OR1569-
247/48 OR2753-1363/64 OR2776-1270/72 OR2806-2398/99 ,
in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby E
acknowledged, do hereby grant, bargain, sell and convey to Florida Keys Electric Cooperative Association, Inc., of
0
P.O. Box 377, Tavernier, Florida 33070-0377, hereinafter called the "Cooperative" its successors and assigns, a
perpetual Electric Utility Easement, over, under, upon and across the lands and real property situate, lying and
being in the County of Monroe, State of Florida, more particularly described as follows:
AN EASEMENT ON SAID LEGAL DESCRIBED PROPERTY: A 5 FOOT UTILITY EASEMENT OVER, UNDER, AND ACROSS A
PORTION OF THE FORMER 60 FOOT RIGHT OF WAY AT THE SOUTHERLY END OF HAZEL STREET, NOW ABANDONED, AS
DEPICTED ON THE PLAT OF "MONROE PARK" IN PLAT BOOK 3, PAGE 140 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, SAID PARCEL BEING IN FRACTIONAL SECTION 4, TOWNSHIP 60 SOUTH, RANGE 39 EAST AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LOT 18 OF SAID PLAT;
THENCE S00055'26"W ALONG THE WESTERLY RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF 35.91 FEET TO A
POINT ON THE NOW ESTABLISHED SOUTHERLY RIGHT OF WAY OF SAID HAZEL STREET; THENCE DEPARTING SAID
WESTERLY RIGHT OF WAY S89004'34"E ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 4.92 FEET TO THE POINT
OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY RIGHT OF WAY S02028'22"W A DISTANCE OF 49.42 FEET; THENCE W
S11°19'35"W A DISTANCE OF 3.52 FEET, THENCE S01 037'18"W A DISTANCE OF 3.51 FEET; THENCE S881122'42"E ACh
DISTANCE OF 5.00 FEET; THENCE N01 03718"E A DISTANCE OF 3.09 FEET; THENCE N11°19"35"E A DISTANCE OF 3.48
FEET; THENCE N02028'22"E A DISTANCE OF 49.94 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY; THENCE o
N89004'34"W ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
also a perpetual easement over, under, upon and across all streets, alleys, easements and rights of way in any
subdivision or recorded plat, which subdivision or recorded plat includes the said property described herein. And the i
right to construct, operate and maintain an electric distribution line, system or other services unrelated to supplying c,
electricity, on or under the above described lands; the right to inspect and make such repairs, changes, alterations,
improvements, and additions to its facilities as the Cooperative may from time to time deem advisable including, by
way of example, and not by the way of limitation, the right to increase or decrease the number of conduits, poles,
wires, cables, hand holes, transformers, and transformer enclosures; the right to cut, trim and control the growth by E
chemical means, machinery or otherwise of trees and shrubbery that may interfere with or threaten or endanger the o
operation and maintenance of said line or system; the right to keep the easement clear of all buildings, structures or
other obstructions except citrus trees and low-growing shrubbery that do not otherwise interfere with Cooperative's
use of the right of way easement; the right to license, permit, or otherwise agree to the joint use or occupancy of
the easement, system, or, if any of said system is placed underground, of the trench or related underground facilities
by any other utility, person, association, or corporation; and the right to enter upon, cross and use other lands of the
Grantors to provide access to the easements granted herein.
Page Iof2
Packet Pg. 2050
The undersigned agree that all poles, wire, and other facilities including any main service entrance equipment, installed
in, upon or under the above described lands at the Cooperative's expense, shall remain the property of the
Cooperative, removable at the option of the Cooperative. The undersigned covenant that they are the owners of the
above described lands.
Grantors agree that this right-of-way easement shall run with the land, and that any abandonment of the use of the
easement, or interruption in the use of the right-of-way easement, shall not terminate or impair the interests hereby
conveyed to the Cooperative.
IN WITNESS WHEREOF, the grantors have hereunto affixed their hands and seal this day of c
20
(1) Witn ignatu e w GRANTOR S€GNATUR
E
m. THEODORE AR_,ALL,TITLE MANAGER �
W , nes S' nat PRINTED GRANTO NAME AND TITLE
C
0
STATE OF:
COUNTY OF _►_
The foregoing instrument was acknowledged before me
By means of physical presence or online 0)
y
Notarization this67
(Date ,
By JHEODORE DARNALL „TITLE MANAGER
(Name of Member, Mgr., etc., Title of Member, Mgr., etc.) T
Of DARNALL FAMILY LLC UI
(Name of Company AcknowledgIng}T
A _ limited liability company, on behalf of the
(State) ai
Company, wha'is rsonally known t me or has
produced
{Type of identification)MmmNu� W ® —
=iY
as identification.. ►x�'�~•., RAYMOND C BAS
k. ?�' ': Notary Public•State of
o` Commission#HH 06
My Comm.Expires Nov]
Bonded through National rot
Notary Signature an Stamp
Page 2 of
Packet Pg. 2051
This instrument prepared by:
i Brittany Holley,Operations Assistant i
Florida Keys Electric Cooperative Assoc. Inc. I
P.0.Box 377 I I
I Tavernier,FL 33070-0377
RE No: 00573010-000000
Alternate Key: 1709824 1 Recording Area
AFFIDAVITY
AUTHORIZATIONAND Y
OF DARNALL FAMILY- LLC
The undersigned, having been first duly sworn, certify to Florida Keys Electric Cooperative Association,Inc.
(FKEQ that it they are the managing members of DARNALL FAMILY, LL (the Company) and that they have
consented to the conveyance of an easement to FKEC and have authorized Theodore Darnall to execute an easement on
behalf of the Company in a form and on such terms and conditions as he/she deems appropriate.
The following is a complete list of all managing members of the Company. r_
Officer Title Name typed or printed
Manager Theodore Darnall
PRINT NAME T
._
Theodore Darnall
/ LU
i
State of_F
t.. , County of_ ,
Sworn to and subscribed before me, the undersigned authority, by Theodore Darnall who is/are personally known to
me or® who produced ,...__.as identification, on this
day of
a,rc
__Notary Public
Notary Stamp Or Y�°'cg:. UYMOND C BAST
;. Natary Public State of HH 060161
a v� My Comm.Expires Nov ]Florida3,2024
Bonded through National Notary Assn.
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SKETICE OF DESCRIPTION
' jR 0. 'r; L {1 t12i`(v "D` L i�'11r i`L' j
iUTT
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[22.
TES:
THIS IS NOT A SURVEY.
THIS SKETCH,AND ANY REPRODUCTION THEREOF,IS NOT VALID WITHOUT AN ORIGINAL OR VERIFIED DIGITAL SIGNATURE AND SEAL OF A
FLORIDA REGISTERED SURVEYOR. ADDITIONALLY,THIS SKETCH IS NOT VALID IF PRINTED BEARING A DIGITAL SIGNATURE AND SEAL. -
3. ANY ADDITION OR DELETIONS TO THIS SKETCH BY ANYONE OTHER THAN THE SIGNING PARTY IS STRICTLY PROHIBITED WITHOUT THE WRITTEN
CONSENT OF THE SIGNING PARTY.
4. OTHER THAN THOSE SHOWN ON THIS SKETCH,NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED FOR EASEMENTS,ENCUMBRANCES OR
OTHER INSTRUMENTS OF RECORD WHICH MAY AFFECTTHIS PARCEL OF LAND. I
S. THE EASEMENT LEGAL.DESCRIPTIONS SHOWN HERON WERE PREPARED UNDER THE DIRECT SUPERVISION OF THE SIGNING SURVEYOR.
6, THE LEGAL DESCRIPTION AND DEEDS FOR THE SERVIENT TRACT WERE OBTAINED FROM THE PUBLIC RECORDS OF MONROE COUNTY. ¢°
7. BEARINGS SHOWN HEREON ARE GRID BEARINGS AND REFERENCED AS NOTED ON THE SKETCH.
{ 8. THE PURPOSE OF THIS SKETCH AND LEGAL DESCRIPTION IS TO CREATE A PERPETUAL UTILITY EASEMENT WITHIN A PORTION FORMER RIGHT OF
WAY AT THE SOUTHERLY END OF HAZEL STREET IN LARGO,FL.
39. THIS SKETCH IS NOT VALID WITHOUT THE SEQUENCED NUMBER OF SHEETS.
10. BEARINGS,DISTANCES AND COORDINATES SHOWN HERON ARE RELATIVE TO THE NORTH AMERICAN DATUM OF 1983,FLORIDA STATE PLANE, N
ZONE 901,TRANSVERSE MERCATOR PROJECTION IN THE U.S.SURVEY FOOT UNIT OF MEASUREMENT.
E
CERTIFICATION: VICINITY MAP � r
f NOT TO SCALE 'g
i 1 HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON �
DESCRIBED PROPERTY 15 TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND
333 BELIEF AS PREPARED UNDER MY DIRECTION ON 8/1/20.1 FURTHER CERTIFYTHAT THIS I
SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER t8
S1-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO
I FLORIDA STATUTE 472,027.
C��NEM1LM�s.,•• Kenneth C.Jackson,
� 9 PSM 4549
2020.08.01 13:36:55 I
( KK -04 00
KENNETH C.JACKSON,PsM-FLORIDA REGISTRATION NUMBER 4549
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ABBREVIATIONS: fA
AC. ACRE UJI
APX. APPROXIMATE
�
CONST. CONSTRUCTION A E�EACHCCNNBT:AREA 3EM°NTS
D.B. DEED BOOK [
EILY EASTERLY
EL. ELEVATION
GOV. GOVERNMENT { N
MHWL MEAN HIGH WATER LINE
No. NUMBER
O.R.B. OFFICIAL RECORDS BOOK
M.C. MONROE COUNTY
LLJ
M.C.R. MONROE COUNTY RECORDS
PG(S) PAGE(S)
i R. RANGE o
S. SECTION
STY SOUTHERLY Qi
S.R. STATE ROAD
T. TOWNSHIP
TYP. TYPICAL [
WILY WESTERLY
i 1
I
THIS IS NOT A SURVEY
DRAWING LARGO RD ABANDONMENT-UTILITY ESMT.dvrn DRAWN BY: BL
- 1
SCALE: MIA DATE:611,120 j CHECKED BY: KCJ
f SURVEYING AND MAPPING - I
REV: 1 SHEET 1 OF 3
PREPARED BY: € COVER SHEET- UTILITY EASEMENT I
TERRAQUATIC, INC DARNALL - HAZEL ST. RD j
j 1220 TANGELO TERR, UNIT Al2 ABANDONMENT PROJECT � I
DELRAY BEACH, FL 33444
TELEPHONE: (561) 806-6085 FLORIDA KEYS ELECTRIC COOPERATIVE (-KEC)
UTILI T =ASEN/ENT 5`
s CERTIFICATE OF AUTHORIZATiQN NO. 7321 )
Packet Pg. 2053
jFMSMSIP
TION FLORIDA KEYS ELECTRIC COOPERATIVE UTILITY EASEMENT
ITY EASEMENT OVER, UNDER,AND ACROSS A PORTION OF THE FORMER 50 FOOT RIGHT OF WAY AT THE
END OF HAZEL STREET,NOW ABANDONED,AS DEPICTED ON THE PLAT OF"(v10NROE PARK" IN PLAT BOOK 3,
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, SAID PARCEL BEING IN FRACTIONAL SECTION 4,
SOUTH, RANGE 39 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
€ COMMENCING AT THE NORTHEASTERLY MOST CORNER OF LOT 1$ OF SAID PLAT; THENCE S00°55'26"W ALONG THE
WESTERLY RIGHT OF WAY OF SAID HAZEL STREET A DISTANCE OF 35.91 FEET TO A POINT ON THE NOW ESTABLISHED
SOUTHERLY RIGHT OF WAY OF SAID HAZEL STREET; THENCE DEPARTING SAID WESTERLY RIGHT OF WAY S89°04'34"E tm
ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 4.92 FEET TO THE POINT OF BEGINNING;THENCE DEPARTING
SAID SOUTHERLY RIGHT OF WAY S02'28'22"W A DISTANCE OF 49.42 FEET; THENCE S11`19'35"W A DISTANCE OF 3.52
FEET, THENCE S01'37'18"W A DISTANCE OF 3,51 FEET; THENCE S88°22'42"E A DISTANCE OF 5.00 FEET; THENCE 1
ND1'37'18"E A DISTANCE OF 3.09 FEET; THENCE N11°19"35"E A DISTANCE OF 3.48 FEET; THENCE NO2°28`22"E A 1
DISTANCE OF 49.94 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY; THENCE N89°04'34"W ALONG SAID
SOUTHERLY RIGHT OF WAY A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBE EASEMENT CONTAINS 282.40 SQUARE FEET (0.006AC) MORE OR LESS AND IS SUBJECT TO }
EASEMENTS,RESERVATIONS,RESTRICTIONS AND RIGHT OF WAY,IF ANY. 6
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Jt2.T'"tIC? 5L Y RIGHT OF WAY HAZEL STfiEET I a)
1 NE'LYCORNER LOT 18 I - - -- ..��___ —�_ _j I [
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HAZEL STREET i I ti I————————
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BEGINNINGUJI
\ _ LINE TABLE
BE RING LENGTH
�\ V� ..`\� 1 J LINE
5`FKEC UTILITY EASEMENT •, P P4 \`
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THIS IS NOT A SURVEY
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DRAWING: LARGO RE ABANDONMENT-UTILITY ESMT,d,.,vg _ DRAWN BY: EL
SCALE 1"=20' I
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� ��� � • �� �� �SURVEYING AND� OAT 811t2Q �JOB N4No.: 17-804 CHECKED BY: KCJ
D MAPPING REV: SHEET 3OF3
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PREPARED BY: � SKETCH AND LEGAL-UTILITY EASEMENT "
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TERRAy UAT[C, INC DA[`NALE - HAZEL �T. RD '
1220 TANGELO TERR, UNIT Alt ABANDONMENT PROJECT
DELRAY BEACH, FL 33444 s
TELEPHONE: (561) 806-6085
I FLORIDA KEYS _-ECTRIC COOPERATIVE iFKEC) I o a zL
CERTIFICATE OF AUTHQftIZATION NO. 7324 5 UT:LIT`'EASEMENT HORIZONrALscALE:}
�- Packet Pg. 2054
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7 KEY LACGa F. '� _ kpy6
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ABANDONMENT AP-
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THIS!S NOT A SURVEY J f
I -
DRAINING. LARGO RD ABANDONMENT-UTILITY ESMT,dwg I DRAWN BY: SL
A m 'SCALE 1'=40' DATE:8i9!2G 306 No,: 17-604 CHECKED BY: KCJ 3
- SURVEYING AND MAPPING I REV: !SHEETS 2 OF 3 i
PREPARED BY: € KEY MAP- UTILITY EASEMENT "
TERRAQUATIC, INC DARNALL — HAZEL ST. RD �
1220 TANGELO TERR, UNIT Al2 ABANDONMENT PROJECT � e
DELRAY BEACH, FL 56444 i f
FLORIDA KEYS ELECTRIC COOPERATIVE (FKEC) 20' ea
TELEPHONE: (561) 806-6085 ° I
5' UTILITY EASEMENT
CERTIFICATE OF AUTHORIZATION NO. 7324 HORIZONTAL SCALE:1"
q - m _ Packet Pg. 2055
K6.h
att m
John CabALly
Aiaa Manager
at&t Flo .
Avg
iamrr i¢FL 33126
- 1 6199
November 2G.2019,
i i : Requnted rogdabandamment of,a parfian 1 S4 in, r g:of lots 1348,, ' C I _� ,ra n nn
year err .dr Tierrsquadc 1Mapping.
(.) r e,ai .imenn d pari,mm has im"Iewed the abow mf r mxr ed wiloest AT&T roes hOl Obj':100 CO the aWnd an,rrr rsl
o1 di,ikwjve,rerer roexl .i 'N ol-Way, You MIN himme,10 Olri in am,eawn-en! from,"Roffida Keys,Dimunc :'rre•CIP Rit
ChLlr Pole rya.f-LIIIS Wiririn Itir err rrk d, 'k'rGr r�r nr.rho! ATL T is,allmched co, AT&T a jrri rwi `rigs mgmerrrerm
flh Florida Ktys Electric Co,,(.)p,
Pjvmc ujrlma Jim'ea—g r al 305-453-9864 for Any irurtPlerr as isurnee-
;_inner l
U)
.a+
SE,Net wx)rk Operations
orrr•h r1mida Dtmd.
File I'MA DAD B1,307
Packet Pg. 2056
K.6.h
COMCA '9'
Engineering Design Department
2601 SW 1451 Ave Miramar, F1 33027
Monday, Noveinber 19, 201
BrandonGardner
0 4 Vista Parkway Suite 451
West Palm Beach, Fl 33411
Comeast No Objection Letter/Roadway Abandonment
Hazel Street Road Abandonment
Key Largo, Fl /Monroe,e, army, Fl
Co cast nudd 9955 M
A
Dear Mr. Gardner,
Please be advised, in reviewing your request:
E
c
a el Street Road Abandonment asshopi=rr and aarxdined on the sped tepurpose suriye
Con cast has no objection nor conflicts t [Iris sutrjec°t abandonment request.
C orrrcast has no existing facilities within the abandornrient area.
A
hcrrrld you have any further question, please feel free to call me at 1-7 54-221-1254 or e_
E
mail at 1 conar4
Sincerely,
Leonard Maxwell- Digitally signe4,by Leonard
1lell
Newbold Date: 2019.11.18 1 :5 : -CI w '
Leonard Maxwell-Newbold
Regional Permit Manager
o cast/ Central Division RDC
1' 1/1 /2019 12:51:2 P
Cc: Greg Daniels / C:crineast Area Construction Coordinator
herell McKay / Comeast RDCC Pe,rinits Department
File
Packet Pg.2057':
, DERN&%
V.
J. Robert Dean
Florida Keys Chairman
° District 3
Aqueduct Authority Richard J.Topl
AQ'17 Vice-Chairman
1100 Kennedy Drive P
District 2
Key West, Florida 33040
Telephone(305)295-2454
www.fkaa.com David Ritz
Secretea rylTrea:
wo, District 5
Antoinette M.A
District 4
Cara Higgins
District 1
Kirk C.Zuelch
Executive Dire(
August 28, 2019 c
Brandon Gardner
Southeast Investment Partners
2054 Vista Parkway, St. 451
West Palm Beach FL 33411
RE: Abandonr ent of Existing Right-of-Way
Southerly End of Hazel Street, Monroe Park
Monroe County, Florida Plat Book 3, Page 140 �
C
Dear Mr. Gardner.
The FKAA Board of Directors has no objection to your right of way abandonment request. The right of
way abandonment of a portion of the 60 foot right of way at the southerly end of Hazel Street as depicted
on the Plat of"Monroe Park" in Plat Book 3, Page 140 of the Public Records of Monroe County, Florida W
was approved at the June 26`h, 2019 meeting.
The FKAA has a water :Main with flush-out and water meters located within area of requested
abandonment. The owner has agreed to pay for utilities to be relocated at his expense. This work
will require a Utility permit prior to performing any work on FKAA utilities. Enclosed is FIKAA
utility permit application and procedures.
Should you have any questions or require any further information please feel free to call me.
Sincerely,
Florida Keys aqueduct Authority
Marnie L. Walterson
Utility Design Supervisor
CC Bob Feldman, General Counsel
Jolynn Reynolds, Manager of Engineering
Tom Morgan, Manager of Pipeline Operations
Key West Customer Service
Janene Sclafani-Monroe County Building Department-Sclafani-Janene@MonroeCounty-FL.Gov
Packet Pg. 2058
K.6.hi
? rt:.
FLORIDA KEYS ELECTRIC COOPERATIVE
s' ASSOCIATION,
',)l6 30 OVERSEAS HIGHWAY, P 0,BOX 377,TA' ERNIER,FL 33070-0377 PHONE(305)852— 4:31 FAX:(05)85 479
July 17, 2020
Brandon Gardner
Southeast Investment Partners
2054 Vista Parkway
Suite 400
West Palm Beach, FL 33411
Re: Proposed abandonment of right-of-way 16 Hazel Street Key Largo, FL 33037
Lots 13, 14, 15, 16, 17 & 18 all owned by Darnall Family
C
0
Dear Mr. Gardner,
This letter is in response to your request for a Letter of No Objection to Abandonment received
in our office.
Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC) has reviewed 2
the survey you've provided and has no objection to the abandonment of the right-of-way as
proposed under the stipulation that the property owner provides FKEC with easements for all
FKEC owned facilities located in the existing right-of-way.
Should you have any questions please feel free to contact me.
Sincerely,
Josh Ellsworth
Staking Technician
JE/bh
Packet Pg. 2059
K.6.hi
: 1 -227 Hazel St. - Key Largo: / nnnt_ snt(s) to KLWTD?
Eddy Santamarina <esantamarina@s3designgroupllc.com>
Tue 8/11/2020 0:55 AM
To: Sclafani-Janene <Sclafani-Janene@MonroeCounty-FL.Gov>; Diane Bockelman <diane.bockelman@klwtd.com>
Cc: Brandon Gardner <brandon@seip05.com>; Ray Seip05 <ray@seip05.com>;Aguila-Ilze <Aguila-Ilze@MonroeCounty-
FL.Gov>; lisa carey <lisa@mulicklaw.com>
Thank you Janene!
Eddy Santamarina
Managing Principal
"1494417319994_Pasted I mage
4012 Crossbill Lane _
Weston, FL 33331 0
Phone: (954) 547-5970
Email: esantamarina@s3desigogLoup
jLc.co
"PLEASE NOTE OUR NEW OFFICE ADDRESS"
..... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 6
N
From: Sclafani-Janene <Sclafani-Janene@MonroeCounty-FL.Gov>
Sent:Tuesday,August 11, 2020 9:53 AM
To: Diane Bockelman <diane.bockelman@klwtd.com>; Eddy Santamarina <esantamarina@s3designgroupllc.com>
Cc: Brandon Gardner<brandon@seip05.com>; Ray Seip05 <ray@seip05.com>; Aguila-Ilze<Aguila- o
Ilze@MonroeCounty-FL.Gov>; lisa carey<lisa@mulicklaw.com>
Subject: RE: 2019-227 Hazel St. - Key Largo: R/W Abandonment—Easement(s)to KLWTD?
Thank you. This email will serve as the Letter of No Objection from KLWTD and nothing further from
them will be required.
Regards,
Janene Sclafani
Transportation Planner IMonroe County I Planning and Environmental Resources
Sclafani-Janene oroeCoy- L. ov
305.289.2545
2798 Overseas Highway, Suite 410
Marathon, FL. 33050
From: Diane Bockelman <diane.bockelman@klwtd.com>
Sent: Tuesday, August 11, 2020 9:52 AM
To: Eddy Santamarina<esantamarina@s3designgroupllc.com>
Cc: Sclafani-Janene <Sclafani-Janene@MonroeCounty-FL.Gov>; Brandon Gardner
<brandon@seip05.com>; Ray Seip05 <ray@seip05.com>; Aguila-Ilze<Aguila-Ilze@MonroeCounty-
FL.Gov>; lisa carey <lisa@mulicklaw.com>
Subject: Re: 2019-227 Hazel St. -Key Largo: R/W Abandonment Easement(s)to KLWTD?
CAUTION
Packet Pg. 2060
K.6.hi
Correct.
Diane Bockelman
Clerk I Public Information Officer
Key Largo Wastewater Treatment District
103355 Overseas Highway
305-451-4019 ext. 210
On Tue, Aug 11, 2020 at 9:32 AM Eddy Santamarina<esantamarina@s3designgroupl1c.com>wrote:
Thank you Diane.
With your comments below, it is safe to state that KLWTD has no comment on the R/W abandonment
since there are no KLWTD facilities in the subject area?
Eddy Santamarina
Managing Principal
4012 Crossbill Lane 6
Weston, FL 33331
Phone: (954) 547-5970
Email: esantamarina@s3desi-ngLoupjlc.com
"PLEASE NOBE OUR NEW OFFICE ADDRESS" r-
0
.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
From: Diane Bockelman <diane.bockelman@lwt .co >
Sent: Tuesday, August 11, 2020 9:25 AM
To: Sclafani-Janene <Sclafani-Janene@monroecounty®.gov>
Cc: Eddy Santamarina<esataaria@s3esiggrollc.cam>; ssggs@eileregieeg.or ,
<ss s eilere i eeri or >; Brandon Gardner< ra o sei 05.co >; Ray Sei 05
—gg-@ g g®g � @—P � Y P
<ray_@sei05.co >; Aguila-Ilze <Aguila-Ilze@monroecounty®.gov>; lisa carey
<lisa@mulicklaw.com>
Subject: Re: 2019-227 Hazel St. -Key Largo: R/W Abandonment—Easement(s)to KLWTD?
a�
Janene,
KLWTD does not own any facilities in the area of the abandoned right of way
therefore will not require an easement or relocation of utilities. Wastewater
service will be provided by FKAA per the attached ILA.
Kind Regards,
Diane Bockelman
Clerk I Public Information Officer
Key Largo Wastewater Treatment District
103355 Overseas Highway
305-451-4019 ext. 210
Packet Pg. 2061
K.6.hi
On Tue, Aug 11, 2020 at 9:02 AM Sclafani-Janene <Sclafani-Janene@oroecoty®.gov>wrote:
As long as they are not requiring an easement or relocation of utilities and have no objection to the
abandonment request, then this email can serve as their letter of no objection and nothing further
from KLWTD will be required.
Diane—Please confirm you have reviewed the ROW proposal and KLWTD has no objection to the
abandonment request.
Regards,
Janene Sclafani
Transportation Planner I Monroe County I Planning and Environmental Resources
Sclafani-Janene oroeoy- L.Gov
305.289.2545
273 Overseas Highway, Suite 410
Marathon, FL. 33050
From: Eddy Santamarina<esantamarina@s3esiggrollc.co >
Sent: Monday, August 10, 2020 5:35 PM
To: Sclafani-Janene<Sclafani-Jae@MonroeCounty-FL.Gov>; Diane Bockelman
< iae. ocela@klwtd.com>
Cc: ssuggs@eileregieerig.or ; Brandon Gardner< rao@sei05.co >; Ray Seip05 ,
<Lay-@sei05.co >; Aguila-Ilze<Aguila-Ilz@MonroeCounty-FL. ov>
Subject: Re: 2019-227 Hazel St. - Key Largo: R/W Abandonment Easement(s)to KLWTD?
0
CAUTION
Good afternoon Janene,
Can you please confirm, that there is now no additional requirement to Monroe County from
KLWTD (neither easement nor utility relocation agreement) regarding this R/ abandonment
application?
Eddy Santamarina
Managing Principal
4012 Crossbill Lane
Weston, FL 33331
Phone: (954) 547-5970
Email: est ri s3esi ngLouplic.com
"PLEASE NOT E OUR NEW OFFICE ADDRESS"
... .....
From: Sclafani-Janene <Sclafai-Janene@MonroeCounty-FL. ov>
Sent: Monday, August 10, 2020 12:35 PM
To: Diane Bockelman< iae. ocela@klwtd.com>
Cc: Eddy Santamarina<esataaria@s3esiggrollc.cam>; ssuggs@eileregieerig.org
<ssggs@eileregieerig.org>; Brandon Gardner< rao@sei05.co >; Ray Seip05
Packet Pg. 2062
K.6.hi
<ray-@sei05.co >; Aguila-Ilze<Aguila-Ilz@MonroeCounty-FL. ov>
Subject: RE: 2019-227 Hazel St. -Key Largo: R/W Abandonment Easement(s)to KLWTD?
Thank you.
Regards,
Janene Sclafani
Transportation Planner I Monroe County I Planning and Environmental Resources
Sclafani-Janene onroeCounty- L.Gov
305.289.2545
2793 Overseas Highway, Suite 410
Marathon, FL. 33050
From: Diane Bockelman< iae. ocela@klwtd.com>
Sent: Monday, August 10, 2020 12:31 PM
To: Sclafani-Janene<Sclafa i-Jae @MonroeCounty-FL.Gov>
Cc: Eddy Santamarina<esantam ari a@s3 esig gro llc.cam>; ss ggs@ eilere gi eeri g.org;
Brandon Gardner< rao@sei05.co >; Ray Seip05 <ray_@sei05.co >; Aguila-Ilze<Aguila-
Ilze@MonroeCounty-FL.Gov> 2
Subject: Re: Hazel St. -Key Largo: R/W Abandonment Easement(s)to KLWTD?
N
CAUTION
C
0
Co rrect.
Diane Bockelan
Clerk I Public Information Officer W
Key Largo Wastewater Treatment District
103355 Overseas Highway
305-451-4019 ext. 210
On Mon Aug 10 2020 at 12:32 PM Sclafani-Janene<Sclafani-Janene@araecaty®.gav> a
wrote:
Hi Diane,
To confirm, KLWTD does not have any utilities in the area requested to be abandoned that would
require an easement with KLWTD or relocation?
Regards,
Janene Sclafani
Transportation Planner I Monroe County I Planning and Environmental Resources
Sclafani-Janene onroeCounty- L. ov
305.289.2545
2793 Overseas Highway, Suite 410
Marathon, FL. 33050
Packet Pg. 2063
K.6.hi
From: Diane Bockelman< iae. ocela@klwtd.com>
Sent: Monday, August 10, 2020 12:18 PM
To: Eddy Santamarina<esantamarina@s3esigggr® llc.co >; Sclafani-Janene <Sclafai-
Janen@MoroeCoty-FL.Gov>
Cc: ssgg@eileregieerig.org; Brandon Gardner< rao@sei05.co >; Ray Seip05
<ray-@ sei05.co >
Subject: Re: Hazel St. - Key Largo: R/W Abandonment Easement(s)to KLWTD?
CAUTION: This email originated from outside of the County. Whether you know the sender or
not, do not click links or open attachments you were not expecting.
Great, thank you Eddy.
Hello Ms. Sclafani,
Attached is an Interlocal Agreement between FKAA and KLWTD stating that
FKAA will provide wastewater service to the area known as Cross Key. Please
let me know if this is sufficient information that KLWTD does not have
infrastructure on Hazel Street. 6
N
Kind Regards,
Diane Bockelan E
Clerk I Public Information Officer 0
Key Largo Wastewater Treatment District
103355 Overseas Highway
305-451-4019 ext. 210
On Mon, Aug 10, 2020 at 12:13 PM Eddy Santamarina<esantamarina@s3esiggrollc.co >
wrote:
Good afternoon Diane,
Great to hear from you. I trust all is well. Janene Sclafani w/Planning and Env. Resources.
I have pasted her email signature below as well as included her on this response to help
streamline communication.
Thanks again for your response.
Janene Sclafani
Transportation Planner I Monroe County I Planning and Environmental Resources
Sclafani-Janene@MonroeCount
y- L. ov
305.289.2545
273 Overseas Highway, Suite 410
Marathon, FL. 33050
Eddy Santamarina
Managing Principal
Packet Pg. 2064
K.6.h
S3 Design Group
4012 Crossbill Lane
Weston, FL 33331
Phone: .(254) 547-5970
Email: esantamarina@s3designgroupllc.corn
"PLEASE NOTE OUR NEW OFFICE ADDRESS"
On Aug 10, 2020, at 12:02 PM, Diane Bockelman< iae. ocelma@klwtd.com>wrote:
Hello Eddy,
Apologize for the delay on this. Do you know who from the County or which
department is requesting this letter? I might be able to contact them
directly to clear this up.
Thank you,
Diane Bockelan
Clerk I Public Information Officer
Key Largo Wastewater Treatment District
103355 Overseas Highway
305-451-4019 ext. 210
C
On Mon, Aug 10, 2020 at 11:56 AM Eddy Santamarina 0
<esataaa@s3esiggr® llc.co >wrote:
Good afternoon Steve,
I trust all is going well. �--
I wanted to take the opportunity to follow up with my below email. Any luck in getting a ,
response back from legal? We are about ready to respond back to Monroe County and hope
we can get a revised pdf copy of the letter.
Thank you.
Eddy Santamarina
Managing Principal
4012 Crossbill Lane
Weston, FL 33331
Phone: (954) 547-5970
Email: esata aria sesi r® llc.co
"PLEASE NOBE OUR NEW OFFICE ADDRESS"
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
From: Eddy Santamarina<esantamarina@s3esiggrollc.co >
Sent: Wednesday, July 29, 2020 1:16 PM
To: ssgg@eileregieerig.org <ssgg@eileregieerig.or >
Cc: Brandon Gardner< rado@sei05.co >; Ray Seip05 <ray_@sei05.co >; Diane
Packet Pg. 2065
K.6.h
Bockelman < iae. ocelma@klwtd.com>
Subject: Re: Hazel St. -Key Largo: R/W Abandonment Easement(s)to KLWTD?
Understood. Thank you for that Steve.
On the FKAA front, we are undergoing their own permitting process(es) and recognize their
requirements. To put my attorney's hat on, we are only looking for the District's
perspective/commentary to the no objection and the (lack) of District facilities in the area.
I hope this helps.
Eddy Santamarina
Managing Principal
4012 Crossbill Lane
Weston, FL 33331
Phone: (954) 547-5970
Email: esata aria sesi r® llc.co
"PLEASE TE OUR NEW OFFICE ADDRESS"
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
6
From: ssgg@eileregieerig.org<ssgg@eileregieerig.org>
Sent: Wednesday, July 29, 2020 1:13 PM
To: Eddy Santamarina<esa to ari a@s3 esigngr® llc.co > E
Cc: Brandon Gardner< rado@sei05.co >; Ray Seip05 <Lay_@sei05.co >; Diane
Bockelman < iae. ocelma@klwtd.com>
Subject: RE: Hazel St. -Key Largo: R/W Abandonment_Easement(s) to KLWTD?
I will send this over to Legal and see if that's how to best handle it or if there is some
other process.
Best Regards,
Steve Suggs P.E.
Weiler Engineering Corporation
(941) 323-1787
------ Original Message --------
Subject: Re: Hazel St. - Key Largo: R/W Abandonment—Easement(s) to
KLWTD?
From: Eddy Santamarina <esri@s3esinro Ilc.co >
Date: Wed, July 29, 2020 1:11 pm
To: "ssuggs@wilriri .or " <ssugg
Cc: Brandon Gardner < rao@si .co >, Ray Seip05 <ray_@si .co >,
Diane Bockelman <diane.bockelman >
Thank you Steve. I do appreciate the feedback. To that note, we did receive a letter
of no objection requesting an easement to the District' benefit. Can we please have
the letter updated to indicate, the "no objection" and indicate "the District has no
facilities in the area?"
The County is currently anticipating an easement is required to the District.
Packet Pg. 2066
Eddy Santamarina
Managing Principal
4012 Crossbill Lane
Weston, FL 33331
Phone: (954) 547-5970
Email: esantamarina@s3desigLigLoupile.coin
"PLEASE NOTE OUR NEW OFFICE ADDRESS"
............... ...............
From: ssuggs@eileregieerig.org <ssugga@weilere gineering.org>
Sent: Wednesday, July 29, 2020 12:04 PM
To: Eddy Santamarina<esantamarina@s3desigLigLoup lc.com>
Cc: Brandon Gardner<hrandon@seip 5 com>; Ray Seip05 <ra seip 5 com>; 0
Diane Bockelman<diane.bockelmaa@klwtd.com>
Subject: RE: Hazel St. -Key Largo: R/W Abandonment Easement(s)to KLWTD?
Hi Eddy,
U)
I got your message and have reviewed the attached items. KLWTD does not
0)
N
have any infrastructure in this area and that area is actually outside of our
service zone. So you will actually need to coordinate with FKAA for the sewer
portion of your project. I believe there is a collection system that goes to the
WWTP there. E
r-
0
FKAA should be able to tell you what infrastructure they would need any
easements for.
0
Best Regards,
Steve Suggs P.E.
Weiler Engineering Corporation
(941) 323-1787
-------- Original Message --------
E
Subject: Hazel St. - Key Largo: R/W Abandonment—Easement(s) to
KLWTD?
From: Eddy Santamarina <esantamaripa@sQdesigngrou >
Date: Tue, July 28, 2020 3:13 pm
To: "ssugg gineering.org" <ssugg gineering.org>
Cc: Brandon Gardner < rao@si .co >, Ray Seip05
<Lay@aei >
Good afternoon Steve,
How are you sir? I hope all is well with you and your family. Everyone
healthy?
I was hoping you could help me with another issue I have with another
project (referenced above).
Packet Pg. 2067
K.6.h
In following up with the attached letter from KLWTD, the letter make
mention of an easement for facilities. To that extent, I am having issues in
locating those mentioned facilities (as it relates to the R/W Abandonment).
Can you help me or perhaps direct me to who can? I would greatly
appreciate your help.
Thank you in advance for your kind consideration.
Eddy Santamarina
Managing Principal
4012 Crossbill Lane
Weston, FL 33331
Phone: (954) 547-5970
Email: esantamarina@s3designgroupllc.corn
as
"PLEASE NOTE OUR NEW OFFICE ADDRESS"
r-
0
Packet Pg. 2068
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Packet Pg. 2069i
MONROE COUNTY SHERIFF'S OPF
BJCHkRD
SHERIFF
A. RAMSAY,
j December 3, 2019
To: Debra Roberts
"t Sr, Coordinator Planning Commission
Reference: Road Abandonment
am in receipt of your request for road abandonment at 16 Hazel St Ivey Largo, Florida,
Please review the packet. Attached is the letter dated April 2, 2019 in which I responded to the
request. Our opinion remains the same.
Should you need further please feel free to contact me.
Sincerely,
Capt. lion Fanelli
50 Highpoint Rd.
Suite 100
Tavernier, Fl. 33070
305- 53-3211
0
2
50 HIGH POINT RD,STE 100 TAVERNIFR,R 33070 (305) 53-3 11.FAX: (305)853-3205 KEYSSO.P
4a�
Packet Pg. 2070
K.6.i
IS
PP
II.... I
40NROE COUNTY RICHARD A. RAMS-AY, SHEIR-IFF
April 2, 201
_ To: Mr, Brandon Gardner
2054 'Vista Parkway St. 451
West Palen Beach Fl. ')3411
Reference. Road Abandonment
1 am in receipt of your request for road abandonment at 16 Hazel St Key Largo, Florida,
1 have personally examined the location in question. Based on that observation and the
documentation provided the abandonment must remain developed,to include no foliage. `.. 1 c
€my exception be availability of a turnaround for all first responder vehicles to utilize at the �
proposed roads end. Based on this,the herifrs Office has no o 7 ctions.
0
t this time, as proposed, the abandonment of this roadway,ay, under the conditions defined,
Vri11 not affect the operations ofthe Sheriffs office.
Should you have any questions please do not hesitate to contact me.
c�
Sincerely,
,`apt. Don Fanelli
50 Hi hpoint.lid..
Brute 100
`fav r i r, Ff.. 33070
0 .. - 211
2
Packet Pg. 2071
K.6.i
FloridaCounty of Monroe
The Keys
t �
Code Com Hance De artment Board of County Commissioners
2798 Overseas Highway i n.,or Head Headwr` ar n.a , [)is €sct ;
Marathon,Florida 33050 ta or PrO l"E°i11 Nlsr.-helk C."oIrllr,m. Di"nisa
Voice: (305)289-28 10 I� Craig Cates,[district I
PAX: (305)2 9-2g5g David Rice.,D �t��ir_t R
Debrat , Sr. Coordinator Planning Commission
Cynthia . McPherson, Sr. DirectorCompliance
March
0
R E: Road Abandonment for Darnall Family LLC-File1
n inspection of the right way/property was conducted n February 1 , 2020 by
Inspector rian Oppenheimer. There were no code violations noted. Code Compliance has
no objections to the road abandonment at this time. See photos below. first photo is LY
0
looking t t second is to the right of the center; and thirdis to 4-
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the t of the center. If you havequestions, please feel free to contact 2
Packet Pg. 2072
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23
Engineering DepartmentT
MEMORANDUM
To: Debra Roberts, Sr. Planning Commission Coordinator
From: Judy Clarke, Director of Engineering Services
Date: December 30, 2019
Re: 2016-227 Darnell Family LLC Hazel Street KL Road Abandonment Petition
I have reviewed the proposed road abandonment application and plans and have no objection to
the proposed abandonment. Given that the T portion of the T turnaround will extend to close to
the water on both sides of the roadway the applicant should install guardrail at the outside of
each side of the T between the road and the water to prevent vehicles from backing up too far.
0
Construction of the T turnaround and other work within the county right-of-way will require a
right-of-way permit from Engineering/Roads Dept. and work should be in accordance with
county and FL Greenbook guidelines.
If you should have any questions or need any additional information please contact me.
Thank you.
c
Packet Pg. 2075