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MEMORANDUM
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4Monroe County Planning & Environmental Resources Department
5We strive to be caring, professional and fair
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7To:Monroe County Board of CountyCommissioners
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9From:Steven Biel, SeniorPlanner
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11Through:Christine Hurley, AICP, Director of Growth Management
12TownsleySchwab, Sr. Director of Planning & Environmental Resources
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14Date:October 4,2011
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BOCC Meeting:October 19, 2011(public hearing)
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REQUEST:
19The petitioner, the United States of America,hasrequested abandonment ofthe
20entire platted rights-of-way of Towhee Lane, Pelican Lane, Heron Drive, Flamingo Drive, and
21Limpkan Lane in Boca Chica Ocean Shoressubdivision,Geiger Key, in order toform an area of
22contiguous land ownership by the federal government to use as an environmental mitigation site
23for wetland reclamation/restoration projects.
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25At the June 15, 2011 BOCC meeting, the BOCC approved Resolution No. 170-2011 setting a
26public hearing for October 19, 2011in Key West.
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REVIEW:
28In 1990,Resolution No. 334-1990was approved by the BOCC for the abandonment
29of Osprey Lane, Townee Lane (should have been Towhee Lane), Pelican Lane, Geiger Road,
30Heron Drive, Flamingo Drive, Limpkan Lane. Due to procedural issues involving the proof of
31publicationfor the continuance of the initial public hearing and the publication of the adoption
32notice, the resolution has become void. The petitioner has not been able to provide this
33documentation nor has the County been able to locate this information. Since these documents
34have not been submitted to the County as of this date, the petitionerhas to proceed with this
35current abandonment application.
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37During the summer of 2007, theNavy’s consultant, Mr. Robert Taylor, met with Judith Clarke to
38discuss the process for abandoning the undeveloped Pelican Lane right-of-way. The Navy was
39doing a mitigation project and the Pelican Lane right-of-way was in the middle of the parcel
40where itproposed to do the mitigation.It was pointed out to Mr. Taylor that as part of the
41abandonment the Navy would have to grant an easement to the property owner of RE No.
4200143100.000000, which has a single-family residence on the property,because even though the
43owner was currently accessing his home across Navy land, if the County abandoned the Pelican
44Lane right-of-way it would officially eliminate all public access to the parcel. In order to address
45this problem,the solution the Navy proposed was to convey two parcels abutting County right of
46way to the County for use as public access to the single family residence.
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1In November 2007, theissueof this residence connecting to wastewater was discussed with the
2County. The residence is located in the Big Coppitt hot spot area but technically doesnot abut
3county right-of-way. One solution for the residence connecting to wastewater was to get an
4easement from the Navy since the FKAA wasn’t going to run a line down the undeveloped
5Pelican Lane right-of-waydue to cost and the clearing of the right-of-way. The only other
6option was to install an onsite system.
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8Asthe discussionsprogressed,the County made it clear that the County’s interest would best be
9served if the Navy, rather than conveying the 2 lots it had proposed, would simply provide an
10easement for the driveway currently in existence. Upon review of the aerial maps and research
11of the County’s property records showing that the Navy owned all of the remaining parcels in the
12subdivision,it also became apparent that the County could further reduce its liability exposure if
13the Navy included the remaining roads in the subdivision in its request. The Countystaff
14thereafterindicated it would be supportive of the abandonment of Pelican Lane as well as the rest
15of the platted rights-of-way under consideration under this petition due to reducing liability to the
16County.
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18This petition has been reviewed by County staff and written recommendations of no objection
19were received from Monroe County Engineering Services, Fire Marshal, Code Compliance, and
20the Monroe County Sheriff’s Office.
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22The rights-of-way being requested for abandonment are platted rights-of-way that have not been
23constructed. All platted lots that would be affected by this road abandonment request are owned
24by the United States of America with the exception of one lot identified as real estate number
2500143100.000000.
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27Aconditional letter of no objection letter was received from the owner (Jack Lockamy) of a
28single-family residence,identified as real estate number 00143100.000000 and legally described
29as Block 15, Lots 1 & 2, Boca Chica Ocean Shores (PB5-49), Geiger Key, Monroe County,
30Florida.The petitioner has prepared a Grant of Easement,which is being held in escrow by the
31County pending resolution to this abandonment request. The Grant of Easement is a perpetual,
32non-exclusive,20-foot easement to install, service, and maintain utility lines and services and to
33provide access tothe Lockamy property (Lots 1 and 2 of Block 15).The proposed easement is
34the current access for the single-family residence; therefore, there will be no need to construct a
35new access.
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Only oneof the platted rights-of-way(Towhee Lane)being requested for abandonmentwouldpreclude a
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way for the public to maintain access to open water. However, it should be noted that the location where
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the right-of-way meets water, which provides a way for the public to maintain access to open water, has a
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unique situation. This water is actually located above the “platted lot” the Navy owns, via the plat and it
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was dredged years ago. The Navy purchased all the lots that would be affected by this abandonment
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petition in the early 1980s with the exception of the lot with the single-family residence (RE No.
4300143100.000000)
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Monroe County Code Section19-1-Abandonment of rights-of-waystates:
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(a)No dedicated and accepted right-of-way in the county shall be abandoned where:
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(1)the right-of-way terminates on a body of open water;or
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The Towhee Lane platted right-of-way, as shown on Exhibit 1, does not
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terminate on an open body of water; however, it does terminate on acanal
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that leads to open water (identified as #1 on Exhibit 1). This property is
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owned by the Navy, which also owns the platted bay bottom lots.
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The Flamingo Drive platted right-of-way, as shown on Exhibit 1, was
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dredged at some point between 1989 and 1992, creating two canals that
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traverse Flamingo Drive (identified on Exhibit 1 as #2 & #3). This does not
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create an instance where the right-of-way ends in open water. The right-of-
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way crosses two points of the canals that lead to open waterbut do not end in
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open water. Since the Navy owns the lots that were excavated, it would also
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own the bay bottom that was created. Based on the plat, there is no way for
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the public to get to the area where the right-of-way meets the water.
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Therefore, there is no access to public land on open water.
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(2)the right-of-way provides access to the public to land on open water; or
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None of the platted rights-of-way being requested for abandonment
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terminate on a body of open water.
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(3)the abandonment would preclude away for the public to maintain access to the water.
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The requested abandonment of the platted right-of-way of Towhee Lane
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abutsa body of water that may provide access to the public of a dredged
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area where a previously platted lot once existed, which hasbeen dredged.
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(b)In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
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agreement to do so by all affected property owners. For purposes of this subsection, an
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affected property owner is the owner of property which, if the right-of-way is abandoned,
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will:
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(1)Have access that is currently used by that property owner eliminated;
As noted above, a conditional letter of no objection letter was
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received from the owner (Jack Lockamy) of a single-family
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residence, identified as real estate number 00143100.000000.
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(2)Have the only platted access eliminated;
The petitioner has prepared a Grant of Easement, which is being
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held in escrow by the County pending resolution to this
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abandonment request. The Grant of Easement is a perpetual, non-
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exclusive, 20-foot easement to install, service, and maintain utility
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lines and services and to provide access to the Lockamy property
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(Lots 1 and 2 of Block 15). The proposed easement is the current
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access for the single-family residence; therefore, there will be no
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need to construct a new access.
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(4)Have the paved area adjacent to that property increased for turn-around purposes; or
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There are no paved areas adjacent to the Lockamy property and there
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are no proposed plans for a turn-around.
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(5)Be increased in size.
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There would be no increase in size.
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(c ) A road may be abandoned only at the terminal portion of the road and in its full width unless
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the abandonment will comply with the County Code requirements for road, turn-around, and
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fire-rescue access and one of the following circumstances exists:
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(1)An adjacent lot owner has on the platted right of way or within a setback a substantial
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structure which predates the Special Session Law 59-1578 pertaining to maps, plats
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and right of way. The term “substantial structure” specifically does not include wood
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or metal fences, sheds or tiki huts or other items not listed which are accessory
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structures.
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Code Compliance has reviewedthis request and did not note any
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structures within the platted rights-of-way.
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(2) The abandonment is requested by a County department or governmental agency for a
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public purpose.
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All of the platted rights-of way being requested for abandonment, as well
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as all lots that could be accessed if the rights-of-way were ever
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constructed, are owned by the United States of America. The entire
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width and length of the rights-of-way are being requested for
to form an area of
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abandonment. The reason for this request is
contiguous land ownership by the federal government to use as an
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environmental mitigation site for wetland reclamation/restoration
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projects.
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(d)The board of county commissioners considers these a restriction on the rights of individuals
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who desire to abandon properties in accordance with F.S. § 336.09.
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The petitionermeets the criteria above; therefore, there are no
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restrictions on the rights of the United States of America.
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28The requested abandonment of the entire platted rights-of-way of Towhee Lane, Pelican Lane,
29Heron Drive, Flamingo Drive, and Limpkan Lane, as shownon Page 2 of the plat map of Boca
30Chica Ocean Shores, Geiger Key, Monroe County, Florida andrecorded in Plat Book 5, Page 49
31of the Public Records of Monroe County, Florida meetsthecriteria cited aboveand is therefore
32suitable for abandonment.
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RECOMMENDATION:
34Approval of resolution. Board of County Commissioners should
35evaluate Towhee Lane in relation to Section 19-1(a)(3) Monroe County Code.
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