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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 "'~~'~~i"t .:,.~~;~ ,..-..,. .t. ; ::i;;#;~~,;r' :. '. ' " PART ~ Jj4~ ~O SO, f ~;;>;;>4 Ii> _~ ~~ L A K E ',.,- ~ PART OF LOT 4 BLOCK 2 ,1M 1.&.1 :z: 1-0 . 0 ~~ ,~ Om 1.&.1 '0; ~~ tt) ~ en 1.&.1 II uI~ C)..JW n . Za:o i ....1..Ll~ n a:1-a: .. ~'Za: .... ... .. 1.&.11.&.11.&.1 ... ... enol- ... ~ ~ r r - l - )> n n p ::D (Tl CD ~ (f) 00 Ul !" (f) 'V .. ~ CIt i:; n "" 0 CIII ~ )> ~ Z )> r LOT5 LOT 3 11\ ! 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 J TRH LEGEND <D MANGROVE G SUGRAPE G COCONUT ~ BUTTON woo C 4Jl; -4 ( _ EXHIBIT A ~o , ,.. I ' 1-.... ' I ~, , , , r , I I I I , _..! - ~-~- --- .~.". ' BOC~ - -- - --.;.. - -.~- I I. I 2612~5 -" ----.~-, EXHIBIT B --- 1-35 -", L- &~~~.'~h~~1-~t;';':F.j: ~ ....i'.:.... ," .~i!:~~~~,~~~~~~;~:j ';:.~ " ,.,": ";;;';' ..L.u..... ..I.,"'::t...L.",* .L ....",...~ \~~\ r'_,:\l ~ '~fh/~' 1\ \', -j I II \\ II r I II iI ii i < I rrJVv~~;:";'-:t"*~ rll\':'l lllLl:. 6; ~~l'~l~~' ~I W_o 3,~q -.-.-. FELDMAN KOENIG '. ,. Ill' ....1 I ... ....1I. '10. 4,6fJ t/~ ?j(~ih. n0 11 1m1benufrurnrt~ .,.. "'8 ....... .:-- ." N_.. ,... .".. '11..' _. ......,. ...... . 10...' " "1. ". .., .. ..110. of .... ..-.... .. .. ,.. .. ....... _ .... ... ""._ ..t.,. .... .. . -: '.' , ..... t . .",. . ......1 '.. .. .. ." '"' . ... ,,' . ..... ..... ,Ifad.. thi,f ~ 9tr. day of ~, V. .J, ~ and PEMI.. w. O'NDU-. his wife. ./, D, 19 80, 0/ : h ( CU,PUll o/~. in. Ih~ Statl! 0/ Florida, party of th4 P.f'lIt pari, a.nd R. aRD<S ~iITE. a single man over the ~ of eignteen {lSl years. ...oose mailing ~ess is P. O. E\al< 4lJ7, Kef west, Florida 33040, 0,- 0,.. ("')/I"t!! r>l ...~OO, IKJrtJj "i till' ,t'TI"''' III~rl, i" Ih,' St"t" ,.l Flot'idol. 1IlbuUftb 11111 I 01.: I'll ir/ "<<"1[1 14 tire pr$t part. IDr ({ .uf in I;,JIlsid(,1"fZtion oj' I/;~' $//111 al CNE KlH)pf) FU'TY ~ - - - - - - . - - - - - - - - - - -lJoUn.rll. 10 him ill III/"d !)(U',z b:, Ou :mid. part!1 of 1/,,' $uond part, tile rtt:l'ipl where'o! ;,~ h(P'e6y II('k,/()!dn/~..d, lilt,~ frYl,.,tt'd.Mrtt1i.JIt>tI tlmi said t" tlu laid /1",.1.'1 ',l tile ,~el:und pa,rt hu ",';r,~ ((t/c' 1I,~.~it,,~ fo,-r"r;', tilt' /f)llo".in~ dr..cr;~d ltltuf, ,~it"fllr l!lifld IInfllH'i.nt i,. the en/IILI!) 0/ K;NECt. . Stlfte af f'/nri'la" "I ".'-1: 1\ ~~t or lntS b W 7. BJ.od( 4, 1<1:..... ,~~ - FIFDl NDmCf./. aecording to the plat ~ t!lc:'oof r~o::m1PJd in P141lt Book S. at Page 10. of tl1.e Public Records of M:>nroe <nmty, '" FLorid.:!; rror-e !"'ilrticularly Cescribed as follows: I ~ 2A;.'<Jir. ~t m<a l'<lrthwest correr of ~d IDt 6 an;\ run thence in a SOUthlocsterly diRCti I ~ ~. , ,don<;l ti'le !okm;h~st b1~ of said Lot 6, Cl distazee of 100 foot l:D the ~~t Jl ~ I (.."OO'\er o~ said Lot 6; therce run in a SOUtheasterly Cli~c.l alc.lQ the SOUthweSt 1<: : 1 t...."1l,,'L1.:U''l wi s"l.id lot. 6 ,w Lot 7, a distanoe of 87,69 feet; thence run in a Southeast- 1>3:. ' L.:rly diL"f::<;t.ion alOl"l<J a Cl.1.r'J\:. oonca~ to the SOU~t. h,)vin.] a Radius of 60S fee!: I 1 ~ ';,~.uC' dis(a.~ Q! 25 (~t: thence run in a ~rti'r.oIesterly di~on. aois~ of . I ~ ~ 1: i.UO · (let. 1!'ClrC or less, to a iXlint. on the Northeasterly l::Iou:'dAty of said LDt 6. SAid @.I ~ ~ '11":llnt ~(lni South 60. 30' 50~ ~t aNd 44 f~t dLs~..al\t fl'CJT1 tbP. Northwest corner of ~. 1: ~ 1~.ll,I :OL 6; U\N. ['\.II' S<.:lrtr. ~O.j(j SO. W('$t, i:l ,i\l\t.'1....-..: of H fo;.~L L,.a.:k to the Point of ? :;,.; i tW"Jl.J\T'.l:'lg. '.. ':l ~ I ::i ~ ~ i Sl-hra, -rn con:1iLio~, 1 imitations. an:! t~trictiQl'\S ot recore, ~ O;J 5 .~ ~ '..I ': ::. r '~= II ~ - " L I' " ~ ~ ~ \ .'Inri tJu-. .mit! :lflrt!} ,,{Ihr I;,..~t pari Ii",.,,, htn'''Y {'Lily ".orrrmt thl: tit~ to ,ai~lltVId ~ :;j {tflr/ lI'ill d,-"'I.ti Irl' ~tLml' 11d,!illtlt th~ l11ll1/.1 ('[(Jim,' 0/ all pf'r$o11lt u:h()mA~ller. ' .. l.. ~""'fNl .fFrtr.rt', thr IIUut IXIrty 1)/ tI~ Ilrllt ptr,.t ha.u~,-@t(l 8d IWI ~ I /r(Ln.tl / - nd III' I" "I I'" cl .II/!al' II rift abuL.e UJritt tll , ~'" ~ ~ 1\1 ti~'~:. ~,o;, ,'~/l111 OO\U" Vrtllrncr: v~~._ ~ 'Jill ~~' V. J. O'Neal ~.. .. .,'~ i es7.s as~ ~ture5, ,) ( .' -;. 4' I--~ - ': · '~l /~.~),,-,,--,- -. -. .,',1"; CI I ,. ;:':::,,' d ,. ., :;~~.';; Q , t;tnu af J'lDriba 1 Iku~C':I:r '.'I < II. .I"l '..,,' .N" ~._: ...., " ' , ss. Mor.~". ,,)\1'11',. J.Otl~~A . tf'"o -n-, ,:ll;(.j,,.H W ".'''''ff ;-' : .;~r:,;-.'" O!PUJdg f1f ST. ,lOiNS. I ' CLlltJ( <JF CI~CtJlI CQUu i'~ ,:~r;~: .J 'Jlnfbg a;rrttf; 7'/ru I '111 , hi.. d,l!1 /1t'r,,"lIally I[ IIII~~~~~ vr.~frtPf. '" ~, an :L;,,'.'7.:.;_:.;. ojlLr-tr dIlly IJllllwr;;t't[llt (IrI,,,j'li.~(..,. mrth,,'IIIt1 /(11,'" fJd.'II01,'II'tI~mt'''tll, !~7:: :.: v. J, O'Nt:,t.~ an:l1-f'1'JU. w, O'NF.AL, his wife. .,. ........ . '.~ ... ", .... . ., :~'_r;: ;-: "i - i/; :.~...: ~i C-, "'/,1' I'" ml! II'rfl 1.;"..,.,,, IJlIII k"../I" III /1/.- III h.. Ihl' inrJi,'jrlllul s t/l':trribt'tl i,1 a"tI u.'hu ".urll r ~rl I h l' f"ft'~lli II ~ ,f ,."tI. 11//(/ troy" urk""II./,.r/1.",d h"{('lrtl m r: t h,,1 tht.y I'zt',:ut...{ rh.- ..,11,,,, /r""ly IIlIcI,'"/II"rrJrj)/!J fllt th"/I/Irjl.nll',. llif!rr;n "Zl"I'I'"""I, .UI\IP m., li'I",} ..",} "I/i,.jul ,.,.,,1,,/ St. ",U\tU-C;t.ir"oe, (1")'/11'/.11 II/ St', Jci'\nf; j I)' :1,1It1 Slul,' IIf "'I"ritl,J. lhi.f _'l.._ , "lI II Dc<::iclri:<'r I . " . /,/ eo, {:';'-',11 i (' ,,' ,." 'I "> IL~DIJA ~r I.NlGt h I~J ;~:"Ii.'''' .I/!I ('(JII/'" i".l'~~"'IUJ.:l, cal, 21. 1"'1 .~,.~r.,,81,! l'tond:l,a ~OOl 1 ~ I J r f. ~ I t. t . Z-~ c. ./ '...... i ... oft, ..lfUm.nt Pr.p.r.d by and n,turn 10: 0v--J ,..) I";> 0 D/ .>01/ 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 '., ~ -, o J Z 0" 2;n:; ..q';". 'T' Cl -:c :..tJ ,.., n C.? ~.1J ".J i ITl CJ ~ ~ z'" ::9 :< N 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' , SEAL, f r,. h~ ~'" '. ,,' .........:/ ,;:::..'./:~-: .~./~. '~\JH~.~ ~~! MtCH4€<.. P. il'i,:61!.~.~;,",<.l,:;~~ .:,;::= Printed Notary Signa'-i~i~,;,,::;,~'..;_~~d.:~,.~~.r'"-t~" :",1:~ . :: a: :';~':'~:~<$:': ..:: My Commission ExpJres:'~'" " ",.i"-J ~-'ft~,/:l V 1-\~' .::- '0' ..~';":1 My C-JlTlmlsslon E~(~S:l,*,s.gL!!o.~t!,~~;:.t~/ ' . . '~",.J ~.i;. ~ . (.:::,~~~.;~ ,,,; . J .. ~ " '''~!'!'' ,': 'I; 111 ~;' 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. ~.."c;IaI ~"ClIIIa - ~u.d Ij~ V' NwI~J ~ III 14\h~1'4\ \~tlJ, Iltl>>rd Y'lrl~ t.. tr.OL~M)r. DAl... ~ it c...rt Cl~r\ Clr<:W- ...... ~, . , -5'" D -,p/ ;>D1,- ""'" .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. .\ 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 ($10.00) Dollars and other vak/able consldera'lons, recelp' whereolls hereby acknowledged, hereby grents; bargains, sens, aliens, remises, releeses, conveys end conllnns unto 'he grantee al thai certain land sl.ua.e In Monroe Coun.y, S.a.e 01 Florida, vlz: SEE SCHEDULE -A- ATTACHED -" ~ -, is J % " ~'"'~ -n;: . ." -::;".- Z~'" 'T\ Cl '. ~ ~ ''T' Cl ?:: :;() 'T\ n r.::l ::0 ".? :9 :<. N TOGETHER, wkh sA 'he 'enemenls, heredlamen's and appurtenances 'here'o belonging or In a~1s1i .appert6'9ng. TO HAVE AND TO HOLD, 'he same In lee simple lore_. AND, 'he granlors hereby covenant wkh seld granlees 'hat 'he grantors lsIare Iawlully seized of said land In lee simple; Ihat the gran.ors have good right and lawful authority '0 sell and convey said land, and hereby warrant 'he \Ille 10 said land and will delend 'he same agalnsl Ihe Iawlul claims 01 aU persons whomsoever; and that said land Is Iree 01 all . encumbrances, excep' \exes accruhg subsequent '0 December 31, 11194. IN WITNESS WHEREOF, lhe said gran.ors heve signed and sealad Ihese presents Ihe day and year first above wrltlen. Signed, Sll8led and delivered In 'he presence of: at~-ofrl. ~L., ROBERT A. CHIMENTI ~yMemphls, TN 38117 L.S. ~tril\~~~!i'L.S. SHARON MARl MENTI ~~yMemphls, TN 38117 S~ture ICl-lAet, p. (ll\o~ Prfnled Signature STATE OF TENJlESS~.T COUNTY OF ,;Jht~t- The foregoing Inslrumenl was acknowledged belore me lhls /37tt day 01 ~ , 19 1~ by ROBERT A. qHIMENTl and SHARON MARIE CHIMENTI who Is/are personally known to me or ha~e.: PH!~~~,~d ;.':) >... ~:~ - ...,.,.'" ... .. ,.. ~) ... - l;1Jk';;t~~::Y51;]/ I 'J .'. NOlary Slgnalure "/'~'(:'i'~.t<:.:.: .,Y~' ':>'V.: vi !!,t . .....'/i.;,~,-..=... .(;_;...',...:~ .).':....,:"'..'.,.::~.".....::"....'...:,'"V..,.:..,....,,:....'. MtCl-cA--€<.. P ~M~ ':d'~7"~~.:YJ 'I._~'l't>..h.'. . ,'-.ij .-", ...:.. . . . qq:,. r.:~~~"~~' ~ 0 t~ .... ..-?' Prfnted Nolary Slgnaliii'8':,;.o;;.~M~$.:f...:. :';:~.. ... :.. ~;:" ~",:; ".. " ./ :":.' "::"" My Commission Expires:''';''''' ".;'t ":i~rlVi-\'J \,,~.:.# ./,<..' "". ...-::-- \I r .' MyC-ommlsslonE44~~~&~l!~<~1J,~U:il. )' \.':1 /, ~~~I 3 7 L} :~'EO 7 84 '" .. ", . ' 9.,.,'4B 9 0 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. .--Q~ lie omdM ~~, ~--- . '"~ r-I",,'\"'" }n "1Xt;~ CQtn\'.;IO R.cord \'I)rt~ L. ~OLW.f)~ DAI ~ Ciralt. Q.J1J.rt 011'1''' . \ . 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 r')~ V{ ,tJ! ~, ~. ':Ii f 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... "'\) . ~. ~d' ~., ...:~" .,..... ell C'i ''''l.', .- ~ ." ' ..'\) ~ Cdit' ~t:;J. ... . ;It, , r~ ^- 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 f[)) 1;1 r--J r-, n' l' r- . LgJt!;t;lj/il.~L ~.__/ c /--...., ,r.c..-....., 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 ,.