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Item I08BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Bulk Item: Yes X No Division: Growth Management Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley Growth Management Director, Ext. 2519 AGENDA ITEM WORDING: Approval of a resolution setting July 20, 2011, 3:00 p.m. at the Harvey Government Center, Key West for a public hearing for a proposed abandonment of the entire rights -of -way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane, as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. ITEM BACKGROUND: The petitioner, the United States of America, has requested abandonment of the above -referenced rights -of -way in order to form an area of contiguous land ownership by the federal government to use as an environmental mitigation site for wetland reclamation/restoration projects. The petitioner has prepared a Grant of Easement that is being held in escrow by the county pending resolution to this abandonment request. The Grant of Easement is a perpetual non-exclusive 20-foot easement to install, service, and maintain utility lines and services and to provide access to a single- family residence on Lots 1 and 2 of Block 15. The proposed easement is the current access for the single-family residence; therefore, there will be no need to construct a new access. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval. TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included X DISPOSITION: Revised 7/09 Not Required AGENDA ITEM # i 2 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 From: Steven Biel, Sr. Planner 10 11 Through: Christine Hurley, AICP, Director of Growth Management 12 Townley Schwab, Sr. Director of Planning & Environmental Resources 13 14 Date: May 19, 2011 15 16 BOCC Meeting: June 15, 2011(set public hearing) RJuly 20, 2011(public hearing) 19 20 REQUEST: The petitioner, the United States of America, has requested abandonment of the entire 21 platted rights -of -way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limpkan Lane 22 in Boca Chica Ocean Shores subdivision, Geiger Key, in order to form an area of contiguous land 23 ownership by the federal government to use as an environmental mitigation site for wetland 24 reclamation/restoration projects. 25 26 REVIEW: This petition has been reviewed by County staff and written recommendations of no 27 objection were received from Monroe County Engineering Services, Fire Marshal, Code Compliance, 28 and the Monroe County Sheriff s Office. 29 30 The rights -of -way being requested for abandonment are platted rights -of -way that have not been 31 constructed. All platted lots that would be affected by this road abandonment request are owned by the 32 United States of America with the exception of one lot identified as real estate number 33 00143100.000000. 34 35 A conditional letter of no objection letter was received from the owner (Jack Lockamy) of a single- 36 family residence, identified as real estate number 00143100.000000 and legally described as Block 15, 37 Lots 1 & 2, Boca Chica Ocean Shores (PB5-49), Geiger Key, Monroe County, Florida. The petitioner 38 has prepared a Grant of Easement, which is being held in escrow by the County pending resolution to 39 this abandonment request. The Grant of Easement is a perpetual non-exclusive 20-foot easement to 40 install, service, and maintain utility lines and services and to provide access to the Lockamy property 41 (Lots 1 and 2 of Block 15). The proposed easement is the current access for the single-family residence; 42 therefore, there will be no need to construct a new access. 43 44 Monroe County Code Section 19-1 - Abandonment of rights -of -way states: 45 46 (a) No dedicated and accepted right-of-way in the county shall be abandoned where: 47 (1) the right-of-way terminates on a body of open water; or United States of America Rights -of -Way Abandonment Petition Reviewed by Page 1 of 2 1 (2) the right-of-way provides access to the public to land on open water; or 2 (3) the abandonment would preclude a way for the public to maintain access to the water. 3 4 (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 5 agreement to do so by all affected property owners. For purposes of this subsection, an 6 affected property owner is the owner of property which, if the right-of-way is abandoned, 7 will: 8 (1) Have access that is currently used by that property owner eliminated; 9 (2) Have the only platted access eliminated; 10 (3) Have the paved area adjacent to that property increased for turn -around purposes; or 11 (4) Be increased in size. 12 13 (c) A road may be abandoned only at the terminal portion of the road and in its full width unless 14 the abandonment will comply with the County Code requirements for road, turn -around, and 15 fire -rescue access and one of the following circumstances exists: 16 (1) An adjacent lot owner has on the platted right of way or within a setback a substantial 17 structure which predates the Special Session Law 59-1578 pertaining to maps, plats 18 and right of way. The term "substantial structure" specifically does not include wood 19 or metal fences, sheds or tiki huts or other items not listed which are accessory 20 structures. 21 (2) The abandonment is requested by a County department or governmental agency for a 22 public purpose. 23 24 (d) The board of county commissioners considers these a restriction on the rights of individuals 25 who desire to abandon properties in accordance with F.S. § 336.09. 26 27 The requested abandonment of the entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron 28 Drive, Flamingo Drive, and Limpkan Lane, as shown on Page 2 of the plat map of Boca Chica Ocean 29 Shores, Geiger Key, Monroe County, Florida as recorded in Plat Book 5, Page 49 of the Public Records 30 of Monroe County, Florida meets the criteria cited above and is therefore suitable for abandonment. 31 32 RECOMMENDATION: Staff recommends approval. United States of America Rights -of -Way Abandonment Petition Reviewed by Page 2 of 2 Petitioner. United States of America RESOLUTION NO. -2011 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF THE ENTIRE RIGHTS -OF -WAY OF TOWHEE LANE, PELICAN LANE, HERON LANE, FLAMINGO DRIVE, AND L1IVIPKAN LANE AS SHOWN ON SHEET 2 OF THE PLAT MAP OF BOCA CHICA OCEAN SHORES, GEIGER KEY, MONROE COUNTY, FLORIDA IN PLAT BOOK 5, PAGE 49 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of Monroe County, Florida, has received a petition to renounce and disclaim any right of the County and the public in and to the hereinafter streets, alley -ways, roads or highways; and WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing after publishing due notice of said hearing in accordance with said Chapter; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on July 20, 2011, at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads, or highways as delineated on the hereinafter described map or plat, to -wit: "The entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Lane, Flamingo Drive, and Limpkan Lane, all as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida according to the Plat thereof, as recorded in Plat Book S, Page 49 of the Public Records of Monroe County, Florida. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 15'` day of June, 2011 Mayor Heather Carruthers Mayor Pro Tem David Rice Kim Wigington George Neugent Sylvia J. Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By. BOARD OF COUNTY COMIVIISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor Heather Carruthers MONRO COUNT ORNEY A, P V D TO FORM Date: .j zo APPLICATION MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES D Epk Z E P U E JAN 12 2011 MONROE CO. PLANNING DEPT. An application must be deemed complete and In compliance w ltb the Monroe County Code by the Staff prior to the item being scbeduled for review Road Abandonment Application Fee: $1,533.00 In addition to the application feq the followingfees also apply. Advertising Costs: $245.00 Date of Submittal: _,/_/ /2 / zo„ Month Day Year Property Owner/Petitioner: United States of America Name Mailing Address (Save4 City. Stsde, Zip Code) Daytime Phone Email Addmss Description of roadway to be abandoned: Agent (if applicable): Gail Kenson, Naval FaciCt6es Engineering Command Name do NAS Key west PO Box 9007, Key West, Florida 33040 Malltng Address (Street; City, State, Zip Code) 305-293-2633 Daytime Phone gail.kenson navy.mii Email Addmss All of Townee Lane, Pelican Lane, Herron Drive, Flamingo Drive. and Limldn Lane as shown on Sheet 2 of the plat map of Boca Chia Ocean Shores Subdivision In Plat Book 5. Page 49 of the official records of Monme County, Florida Petitioners seek the abandonment for the foilowing reasons: To form an area of contiguous land ownership by the federal government to us as an en*onmental mitigation site for wetland redamatio V estoradon projects Page 1 of 4 Last Revised 07/2010 APPLICATION Legal description of cwndpoas property in which the abandoned roadway would become part: (If in metes and bounds, attach legal description on separate sheet) Refer to Sheet 2 of plat map of Boca Ctdca Ocean Shores Subdivision PB 5-49 Block Lot Subdivision Rey (Island) Real Estate (RE) Number Alternate Key Number Street Addles(Street, City, State, Zip Code) Approximate Mile Hazier Present use of the roadway to be abandoned: Proposed nee of the roadway to be abandoned: Total land area of the roadway to be abandoned: Road has never been used or improved US government envi ownental mitigation 5.9 acres +/- Plesse ail reasons for why the county should grant the road abandonment (ifnecessery, attach additional aheets): The US government owns all of the lot in the area of the road abandonment. The roads and never used or unproved and are not part of the cowtWs transport don system or faalMn, The Navy can use this area as a srte to mitigate environmental impacts at NAS Key West by recdaimirtg/restcring fundkwW waftnds. Monroe County Code Section 19-1- Abandonment of rights -of -way states: (a) No dedicated and accepted right-of-way in the county shall be abandoned where: (1) the right-of-way terminates on a body of open water; or (2) the right-of-way provides access to the public to land on open water, or (3) the abandonment would preclude a way for the public to maintain access to the water. (b) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement to do so by all affected property owners. For purposes of this subsection, an affected property owner is the owner of property which, if the right-of-way is abandoned, will: (1) Have access that is currently used by that property owner eliminated; (2) Have the only platted access eliminated; (3) Have the paved area adjacent to that property increased for tam-sround purposes; or (4) Be increased in size. (c ) A read may be abandoned only at the terminal portion of the road and in its full width unless the abandonment will comply with the County Code requirements for road, turn -around, and fire -rescue, access and one of the following circumstances exists: (1) An adjacent lot owner has on the platted right of way or within a setback a substantial structure which predates the Special Session Law 59.1578 pertaining to reaps, plats and right of way. The term "substantial structure specifically does not 'include wood or metal fences, scrods or tiid huts or other items not listed which are accessory struetares. (2) The abandomnent is requested by a County department or governmental agency for a public purpose. Page 2 of 4 Lest Revised MOW APPLICATION (d) 3'he board of county commissioners considers these a restriction on the rights of individuals who desire to abandon properties in accordance with F.S. § 336.09. All of the following must be submitted in order to have a complete application submittal: (Please check as you attach each requited item to the application) ® Complete road abandonment application (unaltered and unbound); ® Correct fee (check or money order to Monroe County Planning & Environmental Resources); ® Legal description of the portion of the roadway to be abandoned in metes and bounds; Plat Map ® Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed); ❑ Current Property Record Cards) from the Monroe County Property Appraiser for the pedtbner's property; ® Location map (i.& copy of strip reap, serial photograph); ® Photogmph(s) of the roadway to be abandoned; © Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a Florida regtatered surveyor — 12 sets (At a minimum, survey should include a legal description of the roadway; elevations; location and dimensions of all existing struct u+es, paved areas and utility structures; roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the roadway to be abandoned should be marked with diagonal lines and the petitioner's properly should be clearly delineated); The plat is being submitted in lieu of signed and seated surveys of the roadway. ® Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority gKAA); Florida Keys Blcehic Cooperative (FKEC) or Keys ]snagy Services; telephone utility. gas utility, cable utility, wastewater treatment authority, etc.); El Letters of "No Objection" from all affected property owners (an affected property owner is a) ore who would have a means of access to his or her property closed off as a result of the abandonment ever► though he or she may not actually use the right-of-way prior to abandotnent or b) one whose property abuts the portion of the roadway to be abandoned); ❑ IF A CUL-DE-SAC OR "T TYPE° TURNAROUND IS R1:QUH= to be constructal. it will be the responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved read being shortened See Monroe County Code §9.5 296(p). Your petition should specifically state your agreement to construct either the eul-de-ssc or'T-"" turnaround per County Standard Specifications and Details. (Should you need additional information regarding this matter, please contact the Monroe County Engineering Departeat day by phoning (305) 2924427) If applicable, the following must be submitted is order to have a complete application submittal: ❑ Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject property) If deemed necessary to complete a full review of the application, the Planning tit Environmental Resources Department reserves the right to request additional information. Petitioners agree to be responsible for and pay for all costs of advertising and recording foes incurred relative to this request for the abandonment. The filing of a petition does not entitle one to abandonment Petitioners frnther agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric coma umication services to the Palo 3 of 4 Last Revised 07/2010 APPLICATION We i weby pdUka tie BDmmbb Board sfCNatr C mmbdmm b r osom ad Amdalm any rW of tie Cm* m d dw psablc m and ts tie a6everefwawmd saved, a1tWw", road w r%W,efW as trr &w depicted aad descrEW In the atbd meaib. Br sibaioabelo+v, I oa6ty tbst I as:5iajiliar with iatacmatiaa oaaesiaod is this W that to me - best of a}y"Vdl sah k"tWo is ttw6 oomptete sad aooucdL . ndc I Oc.-f- aolo swagbet=medit � dayof, Naha Pubgs E F.�Uea w7r 1 a KY ClommiwmFbWM*Pxpirei ae mod the coasplel� S .�.n •: Pies ' psalatgld'IBB��aacoa Canty Pbmmb dt Bvit+aeomodat Resoaroea Dapestmmt bbradm Gavom mt CMW, 2796 Owsess EgghoW. Smft 400. Affwmd o k FL 33050. Pqe 4 of 4 County of Monroe Growth Management Division Flanniaa & Environmental Resources Dwartmeat - 2798 Oversell Highway, Suite 410 Marathon, FL 33050 Voice. (305) 289-2500 FAX (305) 289-2536 -We strive to be caring, professional and fair Date: !. /.z . i ! Dear Applicant: )aoard of County Cotamiarionera Mayor Heather Carruthers, Dim-3— Mayor Pro Tan David Rice, Dist 4 Kim Wigington, Dist 1 Gcorge Ncugemt, Dist 2 Sylvia L Murphy, Dist 5 Tune:( This is to acknowledge submittal of your application for. �&I fx, r,cf hn rn ¢ n Type of application Vn,`IFd . S es a-{= amPr,,` g to the Monroe County Planning Department. Project/Name Thank you. Planning Staff CONDITIONAL LETTER OF NO OBJECTION I, Jack L. Lockamy, am an affected property owner whose real property abuts a roadway to be abandoned, and acknowledge I will have a means of access to my property closed off as a result of the road abandonment, even though I have not actually used any rights of way of the roads listed below for access to my property prior to abandonment. I Jack L. Lockamy, an affected property owner, do not object to the abandonment of all of the following roads to the United States of America: Townee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and Limkan Lane, as these roads are shown on Sheet 2 of the Plat Map of Boca Chica Ocean Shores Subdivision, filed in Plat Book 5, Page 49 in the Public Records of Monroe County, Florida. My non -objection is conditioned upon the Navy's agreement to grant to Monroe County contemporaneously with. the County's abandonment of the preceding roads an easement for public access and utility's in recordable form to Monroe County containing the following legal description: A strip of land, 20.00 feet in width, lying 10.00 feet on both sides of the following described centerline, COMMENCE at the Southeast comer of Lot 10, Block 14, Boca Chica Ocean Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida, thence bear N20°36'23"E for a distance of 10.04 feet to the Point of Beginning; Thence bear N64111968"W for a distance of 192.66 feet; Thence bear N7505244"W for a distance of 31.30 feet; Thence bear S7200477"W for a distance of 45.32 feet; Thence bear N90°00'00"W 33.69 feet to a point on the Easterly boundary line of Lot 2 Block 15 of said Plat and the Point of Terminus. The sidelines of the above described strip of land shall be extended and shortened to terminate at East boundary lines of Lots I and 2, Block 15 and the East boundary line of Lot 10 Block 14, all in Boca Chica Ocean Shores, according to the Plat thereof as recorded in Plat Book 5, Page 49 of the Public Records of Monroe County, Florida. (Signature Page to Follow) Sig on even da by and .lack . L.a On: �O $ Date C UNTY KEY WESTjo'�MONROE OMA33040 (30S) 294-4641 OFFICE of the FIRE MARSHAL 490 63`d Street Marathon, FL 33050 PHONE: (305) 289-6010 FAX: (305) 289-6013 Townsely Schwab Monroe County Planning Director Monroe County Growth Management January 24, 2011 Re: United States of America - File #2011-002 Road Abandonment Dear Townsely, BOARD- OF COUNTY COMMISSIONERS Mayor Heather Can others, District 3 Mayor Pro Tem David Rice, District 4 Kim Wigington, District 1 George Neugent; District 2 Sylvia 3. Murphy, District 5 The Monroe County Fire Marshal's Office has no objection to the abandonment petition indicated above. There are no issues of fire department access. If you are in need of further information or have any questions, please do not hesitate to call. Sincerely, Fire Prevention Cc: Rick Tassoni, Assistant Fire Marshal James Callahan, Fire Chief Monroe County Sheriff's Office tko6ert P. PeryanS, Sheriff 5525Co&je Rpad 9Cy WMt,.Tfon &330V (W.9 292-70M Y?UG (30.1292-70701-800.273-COPS ww keysso.rec SUBSTATIONS Freeman Substation 209SO Overseas Hwy. Cudjoe Key, FL 33042 (305) 745-3184 FAX (305) 745-3161 Marathon Substation To: Colonel Rick Ramsay 01/28/2011 3 the, Hwy. Fr: Ca t. Gene Thom sonathon, P P Marathon, FL FL 33050 (305)289-2430 Ref: road abandonment FAX (305) 289 2497 lslamorada Substation $6900 Overseas Hwy. Isktnoreds, FL33036 (305) 664-6480 FAX (305) 853-9372 Colonel Ramsay I received the packet in regards to requesting a Roth Building road abandonment. I conducted a physical inspection of the area 50 High Point Road Tavernier, FL33070 under review for the abandonment. (305) 853-3211 FAX (305) 853-3205 I walked the area of concern and was unable to locate any structures or residences. A swinging metal gate presently blocks the road. The gate containing two locks one for MCSO with a 5501 College Raad"r combination and one for Keys Energy Service with a key lock. I ((3` 50 293:730D spoke with Keys Energy utility workers in the area. They stated if FAX (305) 293.7353 they need access to the utility poles or lines running parallel with Marathon Dot. Facility 3991 Ooean Terrace Geiger Road they can access the gate. Marathon, FL 33050 (305) 289-2420 I spoke with project participant Gail Kenson who stated the land FAX (305) 289-2424 will be used as an environmental wetland so access will be difficult. Plantation net. Facility This area does not lead to an public use property; therefore it y P P P + `� 53 High Point Road Plantation Kay, FL 33070 will not conflict with police and fire operations. FAX (305) 853 3270 Colonel Ramsay I do not foresee any conflicts with approving SPECIAL OPERATIONS this request. P.O. Box 500974 Marathon, FL 3305D (305) 289-2410 FAX (305)299-2498 Respectfully - AVIATION DIVISIONy�� MaOverseasG --( ratth o o' � - Capt Gene Tho pson (305) 289-2777 FAX (305) 289-2776 COMMIjjdIQUIONS 27% Overseas Hwy. Marathon. FL 33050�a�- (305) 284-2351 FAX (30S) 289 2493 ► y Engineering Department MEMORANDUM To: Ms. Gail Creech, Planning Commission Coordinator From: Judy Clarke, P.E. Director of Engineering Services Date: March 15, 2011 Re: United States of America Road Abandonment Petition File #2011-002 I have reviewed the above referenced road abandonment petition and have no objections. The abandonment is contingent upon the granting of the easement to access the one developed property in the subdivision. If you have any questions or need any additional information, please feel free to contact me by telephone at 305-295-4329 or by email at clarke-judith@monroecounty-fl.gov. Thank you. MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION BUILDING DEPARTMENT We strive to be Garin& professional and fair DATE: March 1, 2011 TO: Townsley Schwab, Planning Director FROM: Ronda Norman, Sr. Director, Code Compliance�+�04,7nA,-. SUBJECT: File #2011-002 Road Abandonment Petition An inspection of the property located in this abandonment package was conducted and found no code violations. The lot is overgrown with Brazilian Pepper and Buttonwood. Aerial photos show clearing and improvements such as landscaping on and around the surrounding parcels and should be inspected by the County Biologist to see if further enforcement action should be taken against the applicant. o Q W zNo� Qw�Eo Vy�b�W� cs v y,, fwL m COS I� Q F 9 / Y SON d ind 3� F! z W W Na !li h J F= CO) W V a c W W IL 4 m G W H V W LL LL Q G Z 9 Q 2 Pfepmdby. Dq=tMC13t of the Navy NAVFAC SE Bldg. 9M, Box 30 Yorltbown Ave. NAS Jacksonville, FL 32212 H' • IN DIZ IDI THIS Grant of Emma tmade this.b._ day of M A , 2011 between Ox United States of America, herein cdW the Govemnt, acting &uL h the Depmtment of die Navy, hemin called the Gtanbor, and Momm Cmmty, a political subdivision of the State of Honda, hm m called the Grmb w, whose address m 1100 Simloabon SMM Key West, Florida, 33040. WHEREAS, the Govemmenrt owns all parcels which abutTowhee Land, HeronDrive, HammgD Drive; mdLimW= LamwAmBomCh=0ccan.&o s Subdivision; and WHEREAS, the Govemlma t owns all but two pacmb which abut Pelican Laos within Boca Chico Shmcs subdivision; and WMWAS, Loos 1 and 2 of Black 15 within the Boca Chico Shames S&divisiaq which abut M= Lane, ace privately owned; and V&ERWAS, the Government is willing to gmat Mamie County an msm= asmss its property tD install, service, and maidam utility lines, andto pmvidepublic access to Lots 1 and 2 of Block 15, in em ange for Monroe County abandoning the dedicated, platted wads watim Boca Chita Sharers Subdivision to the Govemmar, and WEERIHREAS, dhe utility and public access easements will cross Lots 10 and 11 of Block 14, and Lot 15 of Block 15 (as fiufl= described inEXF01T A), which are owned by the Govemmeca-, and MEREAS, the Scm=y of the Navy has found that the granting of such easenw on the teens and conditions hehemafta stated is not moompatible with the public interest; NOW TkHREPORE, this Grant of Easerneot witoesseth that, in cmdderWm of abaoda®meut of pia W roads (specially, Towhee Lane, ME=Lane, Heron Drive, Flamingo Drive, and Lhngkasr Laic within the Boca Chita Ocean Shores Subdivision, Geiger Key, Monroe County, Key West, Florida) by the Grantee to tube Govemmesrt, the Govermmcnt hereby gnmts to Monroe County and its sthcocssars and assigns, a perpetual nonq mcl me ememat to mstall, service, and man am utility lines and services and to provide access to Lots 1 and 2 of Black 15, thtouglh that portion of the Government property hwinafler descnbod, and as shown in Fzbibitss "A" and "B", attacbed hm eto and made pat hmecty together with all fights and privileges necessary or Page 1 of 4 N69450-10-RP-00103 convedent f+or the full enjoyment cruse dmof for the albresaid purpose, including the eight of ingess and egress thereby and therefrom, along under and across the said property: A strip of land, 7A feet in width, lying and as shown is Ekbibits "A° and 'B", anadied berm and made part hereof 10.00 feet on both sides of the following described centedine, Commence at the Sourest rnater of Lot 10, Block 14, Boca C hca Ocean Shas+es, ac=ding to the Plat thereof as recorded in Plat Boric 5, Page 49 of the Public Records of M mm Camty, Ronda, thence bear N2013673%four a distance of 10.04 feet to the Point of Be&Min ThencebearN64 IM& W for adistance of 192.66 feet; ThencebearN75°52'44" W far a distance; of 3130 feet~ TiencebearS7r 0477"W for adis=wof4532feet; Thence bear N90W'00" W 33.69 feet to a point on the Easbedybou ndary lire; of Lot 2, Block 15 of said Plat and thePoint ofTeaninus. Together with The sidelof the above described mdp of land sball be extended and shortened to teaninate at Fast boundary Ihm of Lots 1 and 2, Block 15 and the East boundary line of Lot 10 Block 14, all in Boca Mica Oc= Shores Subdivision, according to the Plat thereof as necnrded in Plat Book 5, Page 49 of the Public Reooads of Momue Carry, arida THIS EASIIv11Wr is granted subjectto the fin mAng terms and canditions: 1. All vm& in connection with the won, service, and ice of the access and utility line easement and to provide access to Lots i and 2 of Block 15, sball be dome without cost or expense to the Govemment and m accordance with plans approved in advance by the Coma mn liag Officer, Naval Facilities Fmgmeering Command Sondm t, ha naflernefenedto as the Commanding Offs : 2. All wcdc shall cease and the Public Wades Officer at Naval Air Station Key West "be notified if any bu ded debris or hazardous material is eimarntered during the m alladoa, service, and maintenance of the access and utility line easement with access to Lots 1 and 2 of Block 15. 3. The Grantee shall maintain the Ramses in good conditim at all times and shall prorrrpdy make all rapers thereto brat may be necessary for the preseivatim of the condition, of the Premises and the condmied mahmnarme of the access and utility line easemmt with access to Lots 1 and 2 of Block 15. 4. The Grantee's rights he carder shall be subject to such reasonable Hiles and regulations as may be prescribed by the Government to assume drat rite exercise of such rights will not interfere with Goveomatt acavihes at Naval Air Station Key West or with the seared Govemment perimeter at the Boca Chica Ocean Shoves Subdivision. Page 2 of 4 N69450-10-RP-00103 5. Upon the temmation of this easement all imp avemerls installed or oonstcu cted shall become propetty of the U.S. Navy. 6. F at any fimme time, the Govemmert detmnines that the access and utility line easeazrent, or any port= d aeof, unduly mMd= with any of its activities, it shall have the right to teooni nle this easemeM in whole or in part, to the a tertneoessmy to eliminate such kaxbwAce; Provided brat, it shall convey m the Gtamee, wit = duqA a substitute easement pm n Vmg the .Grantee to relocate the easement or a portioua thet eof, c n adjacerrt Government pmpmty, at the Gma&s cost and eap=m The aA smume easem= shall eontam than some terms and condkiens as those ofthis easemenm, and shaU beorthe samne a#mfim dame, if any. 7. Grantee shall comply with all applicable Federal, State and Focal laws, qF ladmis, and standards that we or may become gvhcabletothe Gramwa admititrsonthe Ptemises. s. Cramer shall not be responsible for the cost and expense for any mwmmmerzld permits req*ed for ol>midm under this eascromt Copies of all regim d operation pemats shall be provided to de Public Watics Gffim of Naval Air Station Key West 9. Gtmae shall, to the extent allowed under Fla & SUM §768.28, mde mify and hold ha®less the Govemnomt fionu any costs, o pmses, liabilities, fines or penalties resulting from, discharges, emissions or spills easing from, eamae's occtTancy, use or operation of the Fmetneat or any other action by the Grantee ntee giving rise to Govear = liability, dd or cdrnnal, or ruspansibrla' y under Fedeal, state or Local envaonri mW haws. This provision shall survive the agw6on or termimon of this am= and the Gtanteels cblip m>s herw der shall apply whenever Govern= incur costs or liabilities for Grantees actions. Nothing herem shall be eonstnted as eapmd*mg aayliabttit' y of 0mukebey lhatTttuMed m Florida Stahte §76828 rdawgto soveie P MMMIy. 10. Orm ae shall, to the eI allowed under Florida Stamata §768.28, k&M3KY and hold h mniess dz Government ficm and aping all debts, claims, judgments, cons and cWises assemd by aqypetsm who is injured, or whose property is damaged as a insult of or arising out of the use or occ paocy of the Fasemers by Gmamee or od= ise (excepting maces caused by the negigmce or inn monal act of the Government or its agents, employees, or coaftactom). Nodmg harem shall be. ooruftrad as expanding any liability of Grantee beyond that p uvxkd m F7acida Statute §76828 relating to so mop m m mity. 11. All or anypart of the easement maybe terminamad upon fiultue byte Grantee to cmi*y wide any of its Means and conditions, upon abondoamcatof the ngbts g wftd herein, or upun wi-use of such rigbts for a period of two aonsecufft years. 12 The Goverment may use the Preamses of this easement for any purpose d= does not u=so mbly interfere withthe use and a joyme& by the Grantee of the rights grantodbythis easemem Page 3 of 4 N69450-10-RP-00103 t IR% : 15, 5 orc i n 1 I Wrn: a 1;11 C : aui iuA=i c mnW fhtShtmny dtobeawamedthedayandyearviiamfrstabove. WrrNESS: Woh; NI .i.A Printed Name �/v`L UL41 Signature STATE OF FLORIDA COUNTY OF DUVAL UNITED STATES OF AMERICA By: Department of the Navy — /V-Z By Timothy T. Yonce Real Estate Contracting Officer ACKNOWLEDGEMENT PERSONALLY appeared before me iV G lY� pp ,who being duly sworn, says thatShfe saw the within named a sign and seal the foregoing Grant of Easement, on behalf of the United S of America, and that with , witnessed the execution therof. 94� J4,,,,,� Sworn to before me this _� day of qt4,2011. Notary Aublic for the State of Florida >r1 My c mmission expires: �j w�� T1ofM,,4s�n., Y,o •, HNpNnp,ny� •M•••• W�•nn••np Page 4 of 4 N69450-10-RP-00103 tit + , � • a , a . " ' b 1 �,' • �>N Z - w k r _ r • +c3 • { 1' t '�1ftt T."\ .•. 1 `j .jt 1 i � i �i , 1 tr j s. e T 'al \}4 'n I''^'•,�Liy,, �- � � ' • i .0M imp: i = , j\/ 5_3� •� Y AViJMt. ~"'1—'~i` \ti: F ' �' r - �LI 4 IW ' - _ _ •• y • Pw,�Mwnl • I CTNWIi,SQ a •r �.•I N..'.L1FW �I -� 3 .a•p�w . r'•-i :r •�� .~.����iit'�_w`7�.'."��'.' r OR SEE�,. lR.e; ImeGe raw.: j` ]er+ani!n I� I ._CI 11 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on July 20, 2011, at 3:00 p.m., at the Harvey Government Center,1200 Truman Avenue, Key West, Florida, for the purpose of determining whether or not the following streets, alley -ways, roads, or highways shall be abandoned: "The entire platted rights -of -way of Towhee Lane, Pelican Lane, Heron Lane, Flamingo Drive, and Limpkan Lane, all as shown on Page 2 of the plat map of Boca Chica Ocean Shores, Geiger Key, Monroe County, Florida according to the Plat thereof, as recorded in Plat Book S, Page 49 of the Public Records of Monroe County, Florida. " Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated this day of , 2011 DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida