Item O2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 14, 2000
Division:
County Attorney
Bulk Item:
Yes
No
AGENDA ITEM WORDING:
,\
Resolution setting the date, time and place for a public hearing of a proposed
abandonment of portions of Bamboo Terrace, Key Haven Subdivision, Key West.
ITEM BACKGROUND:
County Attorney's office has determined that the canal which was cut through Lots 4 and 7
as not falling within definition of Sec. 16-1(a) "open water" due to the inability to access
the water from this road. Petition has been reviewed and approved by Engineering,
Planning and the Fire Marshal's Office.
PREVIOUS RELEVANT BOCC ACTION:
This proposed abandonment came before the Board on April 16, 1997 and was set for
public hearing on July 16, 1997. On July 15, 1997 the Petitioners requested this item be
pulled from the agenda until further notice. By letter, dated April 4, 2000, they requested
the petition be placed on the agenda.
STAFF RECOMMENDATION:
Adoption of Resolution setting public hearing for 3:00 PM on July 26, 2000
IN KEY WEST.
TOTAL COST:
Petitioner pays
APPROVED BY:
County Attorney
DIVISION DIREcrO~~
DOCUMENTATION:
Included
x
To Follow
Not required
AGENDA ITEM #
I.. O~
R.B. White and T.J. Koenig, Petitioners
RESOLUTION NO.
-2000
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF
BAMBOO TERRACE, KEY HAVEN FIFTH-ADDITION, MONROE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to
renounce and disclaim any right of the County and the public in and to the hereinafter described
streets, alley-ways, roads or highwcws, 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 COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board will hold a public hearing on July 26, 2000 at 3:00 PM, at the
Harvey Govt. Center - Truman School, 1200 Truman Avenue Street, 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:
PARCEL A
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-FIFTH ADDITION, AS
RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE
NORTHWESTERLY CORNER OF LOT 4, BLOCK 2, AS RECORDED IN SAID KEY HAVEN-FIFTH
ADDITION; THENCE RUN N 29029'10" E. A DISTANCE OF 25.00 FEET TO A POINT ON THE
CENTERLINE OF SAID BAMBOO TERRACE; THENCE RUN ALONG SAID CENTERLINE THE
FOLLOWING TWO COURSES: THENCE RUN S 60030'50" E, A DISTANCE OF 49.05 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
580.00 FEET AND HAVING A CHORD BEARING OF N 81039'54" E AND A CHORD DISTANCE OF
16.94 FEET; THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF
1040'24", AND ARC DISTANCE OF 16.94 FEET TO A POINT ON A NON-TANGENT LINE; THENCE
RUN S 4030'36" W, A DISTANCE OF 25.58 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY BOUNDARY LINE OF SAID BAMBOO TERRACE AND THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 555.00 FEET AND HAVING A CHORD
BEARING OF S 80056'31" W AND A CHORD DISTANCE OF 19.57 FEET; THENCE RUN ALONG
SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY LINE THE FOLLOWING TWO COURSES: THENCE
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2001'13", AN ARC DISTANCE
OF 19.57 FEET TO A POINT ON A NON-TANGENT LINE; TFiENCE RUN ALONG SAID NON-
TANGENT LINE N 60030'50" W, A DISTANCE OF 57.93 FEET TO THE POINT OF BEGINNING SAID
PARCEL CONTAINING 1794 SQUARE FEET, MORE OR LESS.
PARCEL B
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-FIFTH ADDITION, AS
RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWESTERLY CORNER OF LOT 4, BLOCK 2, AS RECORDED IN SAID KEY HAVEN-FIFTH
ADDITION; THENCE RUN N 29029'10" E, A DISTANCE OF 25.00 FEET TO A POINT ON THE
CENTERLINE OF SAID BAMBOO TERRACE, SAID POINT BEING THE POINT OF BEGINNING;
THENCE CONTINUE N 29029'10" E, A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY BOUNDARY LINE THE FOLLOWING TWO COURSES: THENCE RUN S 60030'50" E,
A DISTANCE OF 40.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 605.00 FEET AND HAVING A CHORD BEARING OF N
82020'08" E AND A CHORD DISTANCE OF 14.13 FEET; THENCE RUN ALONG THE ARC OF SAID
CURVE HAVING A CENTRAL ANGLE OF 1020'18", AN ARC DISTANCE OF 14.13 FEET TO A POINT
ON A NON-TANGENT LINE; THENCE RUN S 4030'36" W, A DISTANCE OF 25.54 FEET TO A POINT
ON THE CENTERLINE LINE OF SAID BAMBOO TERRACE AND THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 580.00 FEET AND HAVING
A CHORD BEARING OF S 81039'54" W AND A CHORD DISTANCE OF 16.94 FEET; THENCE RUN
ALONG THE CENTERLINE OF SAID BAMBOO TERRACE THE FOLLOWING TWO COURSES:
THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1040'24", AN ARC
DISTANCE OF 16.94 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN ALONG SAID
NON-TANGENT LINE N 60030'50" W, A DISTANCE OF 49.05 FEET BACK TO THE POINT OF
BEGINNING SAID PARCEL CONTAIWNG 1506 SQUARE FEET, MORE OR LESS.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the day of June, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
jroadset
.'
..'
ROAD ABANDONMENT PETITION
DATE (/-/Z - '??
NAMER'filco~~ ~ '
ADDRESS - ~-;,,_.. -- hf4'lC. ,4 ~r EZ. ;5~O~4J
STREET/EASEMENT/ETC~. / / R -- /' J /
(to be abandoned) ;' ((Jrt7/l)1 {fJr- f///LfI1/tuJ.k-/r.dL-e/ /J ey,tI'Vw~
.,
We hereby petition the Honorable Board of County Commissioners to
renounce and disclaim any right of the County and the public in and to the
street, alleyway, road or highway as described in the following attachments:
(Exhibit A) Survey
Description of roadway to be abandoned and survey showing that portion
marked with diagonal lines with petitioners' property clearly delineated and
outlined, and showing all adjacent properties,
(Exhibit B) Map of island/key on which road is located, clearly showing US 1, Mile
Marker number and portion of road to be abandoned.
(Exhibit C) Copies of deed(s) It ./ trL-J...t, If
Petitioners certify that they are the sole owners of Lot(s) aO, /~ T 7 PJ" 7
and that the abandonment of said road will not take away from other property
holders' right of ingress and egress to their property, and that the 19-$,L taxes on
their subject land have been paid.
(Exhibit D) Legal description of that portion of roadway which petitioners seek
to have abandoned.
(Exhibits E-l, E-2, E-3, E-4) - letters of no objection from utility companies-
including, but not limited to, water, electricity, telephone, cable TV.
(Exhibit F) - Letters of no objection from all adjacent property owners and
list of names and addresses of all adjacent property owners.
~
tv)L11don()1t1<IJ1 t/f 1.:1 /}/JT /JA62d tt6 a rpt:L4. If /,~
P/:J,;:; ~:;~;~::Yy~~/tr:~t:~d
!J1!e. -/0 have, He, f/r~~~ec;; x TAd rUJ1
t5VI II I CW/4 IJI//4/1/zv1J fle~rPle/& '-
'\ ../
Petitioners agree to be responsible for and pay for all costs of advertising and
recording fees incurred relative to this request for the vacation.
Petitioners further agree to grant any easement necessary for the furnishing of
utilities, including without limitation, electric power, water, sewer, telephone, gas,
cable and other electric communication services to the same extent as is
common within this area as to height, width and degree, upon request for such
service or by the Board of County Commissioners through its authorized agents. If
easements are so required, copies of the executed documents will be provided
to the County before the petition is presented to the BOCC.
.\
Petitioners certify that the road to be abandoned does not end at water or that, if
it does, the road is not a dedicated and accepted right-of-way (including by
operation of law due to construction or maintenance by County).
WHEREFORE, Petitioners formally requests the Honorable Board of County
Commissioners to gront this petition. f2' ~~
PETITIONER
P<f'IS personally known to me.
r ] Provided as identification
Typed Notary Name and Number
.
MY COMMISSION , cc 5771l8O
ElCPIAES: NcMmIIer 7, 200lI
IIondId 1IlIU NaIIry NlIIc lnIIrMIIn
fU/~/l199~'1
PETITIONER
[ ] Is personally known to me.
r ] Provided as identification
Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
,~ ~..
ROAD ABANDONMENT PETITION
DATE 11/12/96
NAME T imo:thl/ J. Koeniq
8 Bamboo T~ee, Key We4:t, FL 33040
ADDRESS
STREET IEASEMENT IETC.
(to be abandoned) A poJLt.i..on 06 Bamboo T~ee, Kev Haven
We hereby petition"the Honorable Board of County Commissioners to
renounce and disclaim any right of the County and the public in and to the
street. alleyway, road or highway as described in the following attachments:
(Exhibit A) Survey
Description of roadway to be abandoned and survey showing that portion
marked with diagonal lines with petitioners' property clearly delineated and
outlined, and showing all adjacent properties.
(Exhibit B) Map of islandlkey on which road is located, clearly showing US 1, Mile
Marker number and portion of road to be abandoned.
(Exhibit C) Copies of deed(s)
Petitioners certify that they are the sole owners of Lot(s) Lo:t 4, Bloek. 2 on Key ~aXaaJi~n
and that the abandonment of said road will not take away from other property
holders' right of ingress and egress to their property, and that the 19..iL taxes on
their subject land have been paid.
(Exhibit D) legal description of that portion of roadway which petitioners seek
to have abandoned.
(Exhibits E-l, E-2, E-3, E-4) - letters of no objection from utility companies -
including, but not limited to, water, electricity, telephone, cable TV.
(Exhibit F) - Letters of no objection from all adjacent property owners and
list of names and addresses of all adjacent property owners.
Petitioners seek the abandonment for the following reasons:
The poJLt.i..on On :the 1L0ad wfUeh I am lLeqUe4Ung abandonment On -iA no:t
lL6ed M a 1L0ad. I:t -iA eo~olL6 wdh and adjoin6 my plLope.Jr.:ty.
The plLope.Jr.:ty -iA Q\.lJUyJtz.CJwn and nu1.i. 06 debw. I would lik.e :to have
:the plLO pe.Jr.:ty abandoned, -60 :that. I ean own and ma..i.nta..i.n :the plLO pe.Jr.:ty.
1 of 2
,'~
.,- 1" .,.; ....
Petitioners agree to pe responsible for and pay for all costs of advertising and
recording.fees incurred relative to this request for the vacation.
Petitioners further agree to grant any easement necessary for the furnishing of
utilities, including without limitation, electric power, water, sewer, telephone, gas,
cable and other electric communication services to the same extent as is
common within this area as to height, width and degree, upon request for such
service or by the Board of County Commissioners through its authorized agents. If
easements are so required, copies of the executed documents will be provided
to the County before the petition is presented to the BOCC.
.,
Petitioners certify that the road to be abandoned does not end at water or that. if
it does, the road is not a dedicated and accepted right-of-way (including by
operation of law due to construction or maintenance by County).
WHEREFORE, Petitioners formally requests the Honorable Board of County
Commissioners to grant this petitio:/
0'ls personally known to me.
[ ] Provided as identification
'-;L...
II I.--
Sworn to and subscribed before me this 11- day of
,....u,
",~y ~" MARV L VIDAL
'~l:'-.>1f' " .
[*; :~ MY COf&1ISSION , CC437S43 EXPIRES
~. . ill Man:h 6. 1999
"'~iif.~lf" BOIIlED TIRJ 1lllJV FAIN 1NSIIlANCE. II<<:.
Typed Notary Name and Number
k/;~
~ oI~.-.eQp
Notary Signature and Seal
,19;].
PETITIONER
[ ] Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
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LEGEND
MHWl - MEAN HIGH WATERLINE
BEAR - BEARING
DIST - DISTANCE
POD - POINT OF BEGINNING
POC - POINT OF COINfNCEIJENT
R/W - RIGHT OF WAY
CDS - CONCRETE WALL
CL - CENTERLINE
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j:ELDMAN & KOENIG, P.A. 9 I 4898
417 EATON STREET
KEY WEST, FL 33040
Ui:f
REe I 3 7 I, PAGEQ 7 8 3
Property Appraisers ParcelldenUflcalion (Folio) Numbers:
00136010-000000
Granlees 55 Is:
SPACE ABOVE TH'B LINE FOR A:OOROINQ DATA
THIS WARRANTY DEED, made the 13th day of October, A.D. 1995 by ROBERT A. CHIMENTI and
SHARON MARIE CHIMENTI, f/k/a as SHARON MARIE ELLIOT EMBRY husband'snd wife herein
called the granlors, 10 TIMOTHY J. KOENIG and KELLY J. KOENIG, husband and wife whose posl
office address Is: 417 Eaton Street, Key West, FL 33040, herelnafler called Ihe Granlees:
(Whit..., "..d h.r.1n Ih. ..rm. ."anlo,. and -1I1.nl.,. Includ. II thl pa,lI.. 10 Ihl. lnalrum.nl and thl hi"', leO.l '.pr...nllllv.. and ...Ignl
01 Indlvkluall. an~h' .uee'''Oll and .1I'gnl 01 COfpouUon.)
WIT N E SSE T H: That Ihe granlors, for and In conslderaUon of the sum 01 TEN AND oolloo'S ("0.00)
Dollars and other vak/able conslderaUons, receipt whereof Is hereby acknowledged, hereby granls, bargains, sells, aliens,
remises, releases, conveys and confirms unlo the gran lee alllhat cartaln land sltuale In Monroe County, State of Florida.
vI%:
SEE SCHEDULE "A" ATTACHED
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TOGETHER, wilh aillhe lenements. heredilaments and appurtenances therelo belonging or In an!~lseapPartij9ng.
TO HAVE AND TO HOLD, 'he samB in fee simple forever.
AND, the granlors hereby covenanl wilh said grantees Ihal the granlors islare lawfully seized of said land In fee simple;
Ihel Ihe granlors have good right and lawful aulhorlly 10 sell and convey said land, end hereby warrant the UUe 10 said
land and will defend Ihe same againsl Ihe lawful claims 01 all persons whomsoever; and thai said land Is free of all
encumbrences, excepltaxes accruing subsequenl 10 December 31, 1994.
IN WITNESS WHEREOF, Ihe said granlors have signed and sealed these presenls the day end year Iltsl above
wriUen.
Signed, sealed and delivered In the presence of:
6:;: t~,of~, ~L.
ROBERT A. CHIMENTI
~emphls,TN 38117
4471 Normanay
L.S.
. -p 'Qf)' lA'
~\ '(-U\Orv~'/L.tR /.AJ1)211 L.S.
SHARON MARl C IMENTI
~Memphls,TN 38117
4471 Normandy
f1/10.{hoW
STATE OF TENNESSEE
COUNTY OF ~/!fu~1
The foregoing Instrument was acknowledged before me this /3711: day 01 ~ , 19 '1~ by
ROBERT A. CHIMENTI and SHARON MARIE CHIMENTI who is/are personally known 10 me or have pr~~~c,ed ,
VIA- .. ""''''.0" ~, .. ''" ~l .... ~"" /.1.~, :'~t';';;:!?~' I'
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Printed Notary Signa'-i~i~,;,,::;,~'..;_~~d.:~,.~~.r'"-t~" :",1:~ . :: a: :';~':'~:~<$:': ..::
My Commission ExpJres:'~'" " ",.i"-J ~-'ft~,/:l V 1-\~' .::- '0' ..~';":1
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914898
firf I 3 7 l! PA6ED 7 84
SCHEDULE "A"
Lot 4, Block 2, of KEY HAVEN FIFTH ADDITION, according to the
plat thereof, as recorded in Plat Book 5 at Page 10 of the Public
Records of Monroe County, Florida;
LESS AND EXCEPT the East 30 feet of the said Lot 4, more
particularly described as follows:
Begin at the Northeast corner of the said Lot 4 and run thence
Southerly along the East line of the said Lot 4 a distance of 100
feet; thence run Westerly along the curved South line of said Lot
4, having a radius of 455 feet and an arc distance of 30 feet;
thence run Northerly parallel to the East line of said Lot 4 a
distance of 100 feet to the North line of said Lot 4; thence run
Easterly along the curved North line of said Lot 4, having a
radius of 555 feet and an arc distance of 30 feet back to the
Point o~\Beginning.
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.w.ln.lrum.nl Prepar.d by and Atitur" 10:
i-"ELDMAN & KOENIG, PA
417 EATON siReET
KEY WEST, FL 33040
914898
'~i~ I 3 71J PAGED 783
Gran.ees 55 Is:
Property Appraisers Parcellden'Ulcallon (Folio) Numbers:
00136010-000000
..ACE AIIOVE TH8 LINE FOR RECOROINO OATA
THIS WARRANTY DEED, made 'he 13th day 01 October, A.D. 1995 by ROBERT A. CHIMENTI and
SHARON MARIE CHIMENTI, flk/a aa SHARON MARIE ELLIOT EMBRY huaband and wife herein
called 'he gran.ors, to TIMOTHY J. KOENIG and KELLY J. KOENIG, huaband and wife whose posl
olllce addren Is: 417 Eaton Street, Key Weat, FL 33040, herelnaner called 'he Gran.ees:
(Whirl." u..d h....1n thl .arma -,ranlo,. and -,ran'.,- inClude d the parll.. 10 'hi. In''fumanl and the hi"', legal ,."...n'IUv" and ...fgn.
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01 IndtY6du.... and Ih, .ucc...or. and ...Ign. 01 corpor,"on.)
WIT N E SSE T H: Tha. 'he gran.ors, lor and In conslderallon 01 Ihe sum 01 TeN AND OOIl00'S ($10.00)
Dollars and other vak/able consldera'lons, recelp' whereolls hereby acknowledged, hereby grents; bargains, sens, aliens,
remises, releeses, conveys end conllnns unto 'he grantee al thai certain land sl.ua.e In Monroe Coun.y, S.a.e 01 Florida,
vlz:
SEE SCHEDULE -A- ATTACHED
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TOGETHER, wkh sA 'he 'enemenls, heredlamen's and appurtenances 'here'o belonging or In a~1s1i .appert6'9ng.
TO HAVE AND TO HOLD, 'he same In lee simple lore_.
AND, 'he granlors hereby covenant wkh seld granlees 'hat 'he grantors lsIare Iawlully seized of said land In lee simple;
Ihat the gran.ors have good right and lawful authority '0 sell and convey said land, and hereby warrant 'he \Ille 10 said
land and will delend 'he same agalnsl Ihe Iawlul claims 01 aU persons whomsoever; and that said land Is Iree 01 all
. encumbrances, excep' \exes accruhg subsequent '0 December 31, 11194.
IN WITNESS WHEREOF, lhe said gran.ors heve signed and sealad Ihese presents Ihe day and year first above
wrltlen.
Signed, Sll8led and delivered In 'he presence of:
at~-ofrl. ~L.,
ROBERT A. CHIMENTI
~yMemphls, TN 38117
L.S.
~tril\~~~!i'L.S.
SHARON MARl MENTI
~~yMemphls, TN 38117
S~ture
ICl-lAet, p. (ll\o~
Prfnled Signature
STATE OF TENJlESS~.T
COUNTY OF ,;Jht~t-
The foregoing Inslrumenl was acknowledged belore me lhls /37tt day 01 ~ , 19 1~ by
ROBERT A. qHIMENTl and SHARON MARIE CHIMENTI who Is/are personally known to me or ha~e.: PH!~~~,~d ;.':)
>... ~:~ - ...,.,.'" ... .. ,.. ~) ... - l;1Jk';;t~~::Y51;]/
I 'J .'. NOlary Slgnalure "/'~'(:'i'~.t<:.:.: .,Y~' ':>'V.: vi !!,t .
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Prfnted Nolary Slgnaliii'8':,;.o;;.~M~$.:f...:. :';:~.. ... :.. ~;:" ~",:; "..
" ./ :":.' "::"" My Commission Expires:''';''''' ".;'t ":i~rlVi-\'J \,,~.:.#
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SCHEDULE "A".
Lot 4, Block 2, of KEY HAVEN FIFTH ADDITION, according to the
plat thereof, as recorded in Plat Book 5 at Page 10 of the Public
Records of Monroe County, Florida;
LESS AND EXCEPT the East 30 feet of the said Lot 4, more
particularly described as follows: .
Begin at the Northeast corner of the said Lot 4 and run thence
Southerly along the East line of the said Lot 4 a distance of 100
feet; thence run Westerlx along the curved.South line of sai~ Lot
4, having a radius of 455 feet and an arc distance of 30 feet;
thence run Northerly parallel to the East line of said Lot 4 a
distance of 100 feet to the North line of said Lot 4; thence run
Easterly along the curvdd North line of said Lot 4, hav~ng a
radius of 555 feet and an arc distance of 30 feet back to the
Point of Beginning.
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R.cord \'I)rt~ L. ~OLW.f)~
DAI ~ Ciralt. Q.J1J.rt
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LEGAL DESCRIPTION
PARCEL A
A parcel of land being a part of Bamboo Terrace, Key Haven-Fifth Addition, as recorded in
Plat Book 5, Page 10, of the Public Records of Monroe County, Florida, and more particularly
described as follows: BEGIN at the Northwesterly corner of Lot 4, Block 2, as recorded in said
Key Haven-Fifth Addition; thence run N 29029' 10" E. a distance of 25.00 feet to a point on the
centerline of said Bamboo Terrace; thence run along said centerline the following two
courses: thence run S 60030'50" E, a distance of 49.05 feet to the beginning of a non-
tangent curve concave Southwesterly having a radius of 580.00 feet and having a chord
bearing of N 81039'54" E and a chord distance of 16.94 feet; thence run along the arc of
said curve having a central angle of 1040'24", and arc distance of 16.94 feet to a point on a
non-tangent line; thence run S 4030'36" W, a distance of 25.58 feet to a point on the
Southerly right-of-way Boundary Line of said Bamboo Terrace and the beginning of a non-
tangent curve concave Southwesterly having a radius of 555.00 feet and having a chord
bearing of S 80056 '31" Wand a chord distance of 19.57 feet; thence run along said
Southerly right-of-way Boundary Line the following two courses: thence along the arc of said
curve through a central angle of 2001' 13", an arc distance of 19.57 feet to a point on a non-
tangent line; thence run along said non-tangent line N 60030'50" W, a distance of 57.93 feet
to the Point of Beginning Said parcel containing 1794 square feet. more or less.
PARCEL B
A parcel of land being a part of Bamboo Terrace, Key Haven-Fifth Addition, as recorded in
Plat Book 5, Page 10, of the Public Records of Monroe County, Florida, and more particularly
described as follows: COMMENCE at the Northwesterly corner of Lot 4, Block 2, as recorded
in said Key Haven-Fifth Addition; thence run N 29029' 10" E, a distance of 25.00 feet to a point
on the centerline of said Bamboo Terrace, said point being the POINT OF BEGINNING; thence
continue N 29029' 10" E, a distance of 25.00 feet to a point on the Northerly right-of-way
Boundary Line the following two courses: thence run S 60030'50" E, a distance of 40.39 feet
to the beginning of a non-tangent curve concave Southwesterly having a .radius of 605.00
feet and having a chord bearing of N 82020'08" E and a chord distance of 14.13 feet;
thence run along the arc of said curve having a central angle of 1020'18", an arc distance
of 14.13 feet to a point on a non-tangent line; thence run S 4030'36" W, a distance of 25.54
feet to a point on the Centerline Line of said Bamboo Terrace and the beginning of a non-
tangent curve concave Southwesterly having a radius of 580.00 feet and having a chord
bearing of S 81039'54" W and a chord distance of 16.94 feet; thence run along the
Centerline of said Bamboo Terrace the following two courses: thence along the arc of said
curve through a central angle of 1040'24", an arc distance of 16.94 feet to a point on a non-
tangent line; thence run along said non-tangent line N 60030'50" W, a distance of 49.05 feet
back to the Point of Beginning Said parcel containing 1506 square feet. more or less.
EXHIBIT D
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Florida Keys
Aqueduct Authority~i:{
Post OffICe Box 1239 .~
1100 Kennedy Drive 'if?if ..... .
Key West. Florld8.33041,_1.,2..,3.9,......,.,...,.'.".'.... ,.,~",Cl., ...~.,',..l'--+.'....,'........,"..<C#., . .., ........
Telephone (305) 296-2454 . ... JI... "'\) .
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January 7, 1996
Feldman & Koenig, P.A.
Timothy J. Koenig
41 7 Eaton Street
Key West, FL 33040
RE: Abandonment - A portion of Bamboo Terrace, Parcel A & B, Key Haven
Key West
Dear Mr. Koenig:
J. Robert Dean, Chairman
Key West
Thomas R. McDonald
Vice-Chairman
Tayernier
Kermit H. Lewin
Secretary-Treasurer
Key West
Fred Shaw
Summerland
Mary L. Rice
Marathon
John T. Doughtry
Executive Director
The FKAA Board of Directors approved at the December 20, 1996 meeting, the above referenced
project.
Pursuant to your request for the roadway abandonment of the above-reference property,
Staff has researched your request and have no objection as long as the customer agrees to relocate
the existing service to the new right-of-way.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
~ =~/-
Edgar F. Nicolle, Jr.
Sr. Engineering Technician
EFN/cma
cc: Bob Feldman, General Counsel
Calvin Howe, Director of Maintenance Dept.
Jim Reynolds, Director of Engineering Dept.
Monroe County Building Department
C:\WPDA T A\DA T A\ABAI'lDONM. WPD
~'f. E--f
..)AN-!~-.::,( !l,() ll.I::> t"t'CU1.1
UTILITY BOARD OF "II F: (.:','," OF r<EY \f\I~ST
POST OFFICE DRAWER 6100
i . # ~
). ~ i
TELI::PHONE: {:;()~l 295.1000
KEY WEST. FLORIDA '301.11-6100
January 10, 1997
Mr. Timothy Koenig ,\
1315 Whitehead Street
Key West, Florida 33040
RE: ROAD ABANDONMENT
Dear Mr. Koenig:
City Electric System has no objeC:!r".
attached survey, provided that th8 '~'i .;(;'
Electric System. City Electric Sys:' .;;
easement.
fJroposod abm;'!',mment as per
. ':<acutos an oP;':nment with City
..;1 qeed a COP)' n~ the recorded
If you have any questions. pleasn 'ir,". .
;tact nv~ 8i (3c<:) 295-1045.
Sincerely,
UTILITY BOARD-CITY OF KEY Wr=.~::;
uCITY ELECTRIC SYSTEM"
Larry J. Thompson, General Man8.)l{";-
~ fJtaJ
Patrick M. Cates
Engineering Supervisor
PClba
c:
L. Thompson, General Manager
R Rodriguez, Asst. General Man,;;
D. Finigan, Director of Engineeriw.
Desiree Peacock, Monroe County
v File: ENG-006
~-2-
UTILITY Bo/\rn '."";'c:RS:
. Robert R. Padron, Chalrmr.n .,' '. ""nold. Vlcc-Ch;:-Ir:-'on '
~~Cox, Member' Leonard H. Kno\"/!~' . . .~. . John H. R(JI)'r;::on. Jr., Member
---
11/ .ld/96
12:59
KEY~ST ~NG ~ 1 305 292 4877
\
NO.963 P001
@ BELLSOUTH
B,IISoutfl Telecommunications. Inc.
650 United Street
Kev West. Florida 33040
Armando Busto
Manager-Engineering
November 15TH, 1996
.\
Mr. Timothy J. Koenig
Feldman & Koenig P.A.
417 Eaton St.
Key West, Florida 33040
(305) 296-8851
RE: Road Abandonment Petition
for Bamboo Ter., Key Haven, FI.
Dear Mr. Koenig:
Pursuant to the above request to abandon a portion of roadway, located in Parcel A
& B, of Bamboo terrace, Key Haven, Florida. BellSouth has no objections to the
abandonment as long as there is a utility easement recorded granting us ten (10)
feet along said property for future facilities. If you should have any questions, feel
free to contact me at (305)296-9078.
Sinq,erely,
EQ);l ~.r
Orlando R. Buitrago, Specialist/O.S.P.E.
~-3
-
.-'
We're taking television
into tomorrow.
. ......"
e. TCI Cablevision of Florida, Inc.
November 18, 1996
Feldman & Koenig, P.A. ~
Attorneys at Law
417 Eaton street
Key West, Florida
33040
RE: Road Abandonment Bamboo Terrace
Dear Mr. Koenig,
TCI CABLEVISION OF FLORIDA, INC. does not have any conflicts with
the road abandoment at the end of Bamboo Terrace described in the
survey as Parcel A and B.
If you have any further questions please feel free to contact me at
296-6572.
Sincerely,
~BL7I- OF
Jerry7:uto, Project
FLORIDA, INC.
Manager
Z'-+
1700 Norlh Roosevelt Boulevard
Key West. Florida 33040,7255
(305) 296.6572
FAX (305) 296.9620
11" r,....,." ,..,.~....,...~"";,,, C,....,n',...".....
O~~.1M~~E
(305)294--4641
(~.,- BOARD OF COUNTY COMMISSIONERS
..""r " _ MA YORKeith Douglass, District 4
., Shirley Freeman, District 3
Jack London, District 2
Wilhelmina Harvey, District I
Mary Kay Reich, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63n1 St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
.
.\
INTEROFFICE MEMORANDUM
DATE:
March 20, 1997
TO:
Suzanne A. Hutton, Assistant Co
SUBJECT:
ROAD ABANDONMENT EON:
Portion of Bamboo Terrace, Key aven
FROM:
Joe London, Fire Marshal
An inspection of the above referenced property, proposed for abandonment, has been conducted by the Monroe County
Fire Marshal's Office. This office has no objection to the abandonment.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: William D. Surina, Fire Inspector
bambooterrkh/mw7.0
wr~~[QJ
MEMORANDUM
TO: Suzanne Hutton,
Assistant County Attorney
FROM: David S. Koppel JIi
County' Engineer tJr
DATE: March 20, 1997
RE: Road Abandonment Application
Portion of Bamboo Terrace, Key Haven
We have reviewed the referenced petition and have no
objections contingent upon the determination whether or not
the right-of-way goes to open water.
DSK/jl
BTRA.SH
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MEMORANDUM
To
Suzanne Hutton
Timothy McGarry, ACIP, Planning Direc~~
Barbara Bacon, Planning Technician ~~~
19 March 1997
Through:
From:
Date:
Re
Petitio~for Road Abandonment
Bamboo Terrace, Key Haven, Raccoon Key
- - - - - - - - - - - - - - -
- - - - - - - - - - - - - -
Timothy J. Koenig, property owner of a part of Lot 4 Block 2, of
Key Haven 5th Addition, and Brooks White, property owner of a
part of Lots 6 and 7, Block 4, Key Haven 5th Addition have peti-
tioned the Board of County Commissioners to abandon a portion of
the end of Bamboo Terrace. Mr. Koenig and Mr. Brooks seek this
abandonment because the area is overgrown and full of debris.
They would like to obtain ownership and thereby maintain the
property.
Leqal Description
The segment of Bamboo Terrace right-of-way proposed for abandon-
ment lies between a part of Lots 6 & 7, Block 4 and a part of Lot
4, Block 2 of Key Haven Fifth Addition, Raccoon Key.
Staff Review
A review of our records and an on site inspection of Bamboo Ter-
race revealed the following:
1.
(IS) .
(RM) .
parcel
north.
Key Haven Subdivision is zoned Improved~ Subdivision
The Future Land Use designation is Residential Medium
The proposed abandonment site is adjacent to Mr. Koenig's
on the south and adjacent to Mr. Brooks property on the
An access canal borders the property to the east.
2. The subject portion of Bamboo Terrace is both paved (ap-
proximately 25 feet) and unimproved. The paved portion is termi-
nated by a guard rail. The unimproved section is approximately 35
feet long and terminates at an access canal. The unimproved
section is vegetated with green buttonwood trees, coconut palms,'
seagrape, small mangroves, and Brazilian Pepper. There is an
power pole on the southwest corner of the subj ect parcel and
there is a sanitary sewer manhole in the center of the road at
the point of abandonment.
'[fJ)j7~~1[QJ
3. Bamboo Terrace is bituminous pavement. It is approximate-
ly 300 feet to the nearest intersection (Bougainvillea Av.enue).
There are 7 single family residences from the intersection of
Bougainvillea Avenue to the point of requested abandonment which
maximizes the development for this area.
4. The petitioners are the adjacent property owners to the
proposed area for abandonment. Lot 3, Block 2 could be impacted
by the abandonment. There is no information from this property
owner included in the petition.
5. The applicant,. has received letters of concurrency from
FKAA, and TCI Cabelvision. Bell South and City Electric have
stated, by letter, no objections to the proposed abandonment;
however, each would require an easement for access to the exist-
ing util ty pole and future improvements respectively. The Fire
Marshall's Office has not commented on this petition.
6. The application states the reason for the road abandon-
ment is the property is overgrown and full of debris. The peti-
tioners would like ownership so they may maintain the subject
property. A site visit by staff agrees that the property is
unsightly. At a minimum, the existing invasive exotics require
removal.
7. The road proposed for abandonment terminates on an access
canal to an interior lake. An existing guard rail prohibits
access to the canal. As such, the road is not a dedicated and
accepted access to the water.
Conclusion and Recommendation
Staff recommends APPROVAL of the request for road abandonment
based on the following:
1. The proposed abandonment of Bamboo Terrace in Key Haven,
Fifth Addition serves the applicants. Therefore th~ request for
abandonment meets the requirements as outlined in the Monroe
County Code Section 16-1.
2. The road terminates at an access canal, not on a body of
open water. Thus the request for abandonment is consistent with
Goal 213 of the Monroe County Year 2010 Comprehensive Plan.
3. Based on the application, the applicant has received
letters of concurrency from all utility companies affected by the
abandonment. Therefore, the abandonment will not impair the
distribution of utilities in the neighboring area.
cc: Timothy McGarry, Director of Planning
Antonia Gerli, Development Review Coordinator
RABAMBO.03/TXTDR
Page 2
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