Item P07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July 26, 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 Village Avenue, South Creek Village, Key Largo.
ITEM BACKGROUND:
Petition has been reviewed and approved by the Planning, Engineering and Fire
Marshal Departments.
PREVIOUS RELEVANT BOCC ACTION:
None.
STAFF RECOMMENDATION:
Adoption of Resolution setting publiC hearing for 3:00 PM on August 16, 2000
IN KEY LARGO.
.~
TOTAL COST:
Petitioner pays
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APPROVED BY: County Attorney
DIVISION DIRECTO~QC~
DOCUMENTATION:
Included
x
To Follow
Not required
AGENDA ITEM #
I,Pl
Petitioners Kiefer, Kendall & Warwick
RESOLUTION NO.
- 2000
RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE PROPOSED ABANDONMENT OF A
PORTION OF VILLAGE AVENUE, SOUTH CREEK VILLAGE, KEY LARGO,
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 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 COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Board will hold a public hearing on August 16, 2000, at
3:00 PM, at the Key Largo Library, Tradewinds Shopping Center, Key Largo,
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:
THAT PORTION OF VILLAGE AVENUE LYINd BETWEEN LOT 1, BLOCK 10 AND LOT 11,
BLOCK 11, ALL AS SHOWN ON THE PLAT Of SOUTH CREEK VILLAGE, RECORDED IN
PLAT BOOK 3 AT PAGE 85 OF THE Pl,iBLlC 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 on the 26th day of July, 1999.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST: DANNN~L1-fAGE, CLERK
':~~1' ..
, " .,
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
t'l, .
,-'/ I ~(_ .
DATE 7/1120023 PHONE -::S15 Y7~ nil
.,~c; ~ 305 Lf5/ 51"2. <f
ADDRESS ~ 37~ <::'nuv-cl DR'-v~lreyUlR/(J/fL 3303
STREET/EASEMENT to be abandoned Y;ijaJ~ Av~ bJ;~ l.et II B/II -I-~-t j 8/ /0
ROAD ABANDONMENT PETITION
NAME
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 above-referenced street.
alleyway, road or right-of-way as further depicted and described in the following attachments:
(Exhibit AJ
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 8J /
Map of Key on which road is located, c1earl~lshowing US J, Mile Marker number and portion of
road to be abandoned. J .
(Exhibit CJ ~
Copies of Deed(s) - Petitioners certify that they are the sole owners of lot(s) /1 t:J..J I ct.;Z
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 J 9.:t:Z taxes on their subject land have been
paid.
(Exhibit OJ
legal description of that portion of roadway which petitioners seek to have abandoned.
(Exhibits E-l, E-2, E-3. E-4J
letters of no objection from utility companies - including, but not limited to, water, electricity,
teiephone, and cable TV.
(Exhibit FJ
Letters of no objection from all adjacent property owners and list of names and addresses of
all adjacent property owners.
tna) ~ X
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 BOCC 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-ot-way (including by operation of law due to
construction or maintenance by County).
WHEREFORE. Petitioners formally request the Honorable Board 0
to grant this petition.
'PETITI ER
[ ]) personally known to me. /',
[~Provided as identification -4 ~ " -/ oft 1!/ d A I J' ,.A ~-
Sworn to and subscribed before me this ~...c:L-day of
g ;, ...... tlJ
~/1dd .
Typed Notary Name and Number
~""j;Y PlIct. UNDA S. PRESTON
~ '6 COMMISSION' CC580206
~ ~ EXPIRES AUG 27. 2000
~~ BONDED THROUGI:f
. (' OF f\,: ATlANTIC BONOING CO~ INC.
PETITIONER
[ ] I:; personally known to me.
[ J Provided as identification
Sworn to and subscribed before me this
day ot
.-.
Typed Notary Name and Number
Notary Signature and Seal
2
-- --,. -',.
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/
ROAD ABANDONMENT pET/nON
DATE :i' -.2 -:< t)O 0 PHONE $Jt::, -~S..<- 7 J' / tJ
NAME E7ue rCL (l)Pre!) /1, War/il/cr J<
ADDRESS .g;J.O/ EiJ,f llarry 51- !h"f //tJ// ti~j/ir .f; C}r2'/J.7
STREET/EASEMENT to be abandoned t/;fa~e lite hp-{-illpen Lot /1.8/ II (Jnd J..~t-I 8/10
f
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 above-referenced street,
alleyway, road or right-of-way os further depicted and 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 011
adjacent properties.
(Exhibit 8) /
Mop of Key on which road is located. cleary showing US 1, Mile Marker number and portion of
rood to be abandoned.,
,./
(Exhibit C) ". .
Copies of Deed(s) - Petitioners certify that they are the sole owners of Lot(s) 1/ dJ /0/ 2..
and that the abandonment of said rood will not take away from other property holders' right of
ingress and egress to their property, and that the 19_ taxes on their subject land have been
paid. '
(Exhibit OJ
Legal description of that portion of roadway which petitioners seek to hove abandoned.
(Exhibits E-l, E-2. E-3, E-4)
Letters of no objection from utility companies - including, but not limited to, water, electricity,
teiepnone, and cable TV.
(Exhibit F)
letters of no objection from all adjacent property owners and list of names and addresses of
011 adjacent property owners.
e abandonment for the f IIowing reasons:
, ,
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 BOCC 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 request the Honorable Board of County Commissioners
to grant this petition.
"c!~ ~ ~~
"PETITIONER
[ ] Is personally known to me. f ,..
K Provided as identification ~'liJ L p~ UJ..-+,''blA-J.:J{1J't.1.J1/tV
Sworn to and subscribed before me th( 30 LfYl MfJ./i..J
MARY KASRI
Typed Notary Name and Number
RI
Notary Public. SlIItl of Kania:
My ADpl Expire. . . 0\ '3 - D3
PETITIONER
[ ] Is personally known to me.
r ] Provided as identification
Sworn to and subscribed before me this
day of
.--
Typed Notary Name and Number
Notary Signature and Seal
2
""
tJCLfuJi'LIL
UcJa)(, K.s. b7/1~
STREET/EASEMENT to be abandoned Vi Un ,n p~ Ave.. b~i we..e..n Lot I ( 331. II
~ ltAcL u'f I ~,. 10
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 above-referenced street.
alleyway, road or right-of-way as further depicted and described in the following attachments:
DATE ~b. ~ , ;2L)aJ
NAME I<Ath (e..e..n fYl a.r I e..
ADDRESS I'+blf -:<'/~ P.oA~
ROAD ABANDONMENT PETITION
PHONE
(3(b) 117-0/6~
I
(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 8) ;
Map of 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) - Petitioners certify that they are the sole owners of Lot(s) / / ~ /y:z..
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_ taxes on their subject land have been
paid.
.,F
r
(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,
teiephone. and 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:
II
8e.e... Ie..if~r II The...
roOicL uJa..~ ea5 ~fY"l €.n'f
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 fL...mishing 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 BOCC 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 C:>unty).
WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners
to grant this petition.
~ ) Y17. LJ(V~)
. .j.'.PETrr~ "
[ J Is personally known to me. .
~ Provided as identification rtl\J.JJJU\.DJ-U~~
Sworn to and subscribed before me thi: .93 rcl day at @Jl. ~.
HEATHER ANDERSON nJ"et+ l:lli i-\g ogt::eYf\ J
Typed Notary Name and Number ~ Signature ';n a HEATHER ANDERSON 1
Notary Public. State of Kansas
My Appt. Expires June 9. 200'
P~~ yC LJ~~.eb
~3 ~ ()()
. .
,
[ J Is personally known to me. _\".." ^...... ~.
~ Provided as identification <JJ ~ \1.) ~
Sworn to and subscribed before me this ~:j rd day of ~ ~ d ~ . daD. a
N~~~~e~~ ~
HEATHER ANDERSON
Typed Notary Name and Number
A. HEATHER ANDERSON
~ Notary Public. Slate of Kansas
My Appt. Expires June 9, 2001
2
ROAD ABANDONMENT pET/nON
DATE ~ -~ -tJO PHONE .1/17-111-/)..":)/0
NAME Ja-UYa- J{,4"do.l /
ADDRESS /LJ'1t.. ~/Jr ili Udall, KS.. (p 7nl.,
STREET IEASEMENT to be abandoned j/./1 a F" h rJ...\'P k. l.J- 1/ 1\111 I U:./ A/IO
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 above-referenced street,
alleyway, road or right-of-way as further depicted and 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 8) {
Map ~f Key on which road is focated, clear'" 'showing US 1, Mile Marker number and portion of
road to be abandoned.
/
",'
/
(Exhibit CJ
Copies of Deed(s) - Petitioners certify that they are the sole owners of lot(s) / / a:-J J 1'-;<
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 ] 9....2.2 taxes on their subject land have been
paid.
(Exhibit OJ ',C"
legal description of that portion of roadway which petitioners seek to have abandoned.
.~
J",~
(Exhibits E-l, E- 2, E-3, E-4)
letters of no objection from utility companies - including, but not limited to, water, electricity,
telephone, and cable TV.
(Exhibit FJ
letters of no objection from all adjacent property owners and fist of names and addresses of
all adjacent property owners.
Petitioners seek the abandonment for the following reasons:
Se~ /i1kr II -r}\~ '.:e.".r.lJ.la~ f-^l'''''."j- . .
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 ):mitation. 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 BOCC 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
construcf.cn Oi maintenance by County). '
WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners
to grant this petition. ~.
(~.l'40 dlJ.l~
fETITIONER
r J Is personally known to me. \ lL
~ Provided as identification !)H III r:f .. ;'ee..t\ (e"
,...,
Sworn to and subscribed before me this~ .11l.. day of ~.A
c+p LlI~~fX-)
Notary Signature and Seal
A!xJo .
P.h. WiloCA
Typed Notary Name and Number
PETITIONER
r ] Is personally known to me.
r J Provided as identification
Sworn to and subscribed before me this
day of
.--
Notary Signature and Seal
Typed Notary Name and Number
2
Ut.~(';KIPrION
That portion of Village Avenue lying between Lot
1. Block 1 0 and lot 1" Block 1" all os shown
. on the plot of SOUTH CREEK VIlLAGE, recorded
in Plot Book 3 at Page 85 of the public records
of Monroe County, Florida.
CUIVe number 1
--------------
Radius- 25.00
Delto- 90"00'00.
Arc- 39.27
Tongent_ 25.00
Chord- 35.36
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25' Plot
25' Plat
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100' Plot 1- 100.01' M.
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O. 'N; NOT A PART OF THIS PLAT
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HAL THOMAS - PR()FF~.~T()N AT T A NT) ~T TQ'lPVT1'.T~
P.O. Box
c-- f- HI IS / T l)
- Found
-Set
- Deed
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PI. - Plot.
Cone. - eoncr.te Fr.- Wood
Ale -Nr~
..../W.. - Wetal 8hed/Wood shed
Cb. - Conc:rwte block
P.C./p.T.-Point of CutYatun./T
P .O.C. - Point of c:omm.-ment
P.0.8. - Point of ~
P.O.T. - Point of Terminu.
Wd./Wp. - WOOd deek/wood porch
EIlc;r. - enc:f'OOChM
BHl - ~ Ilne
O.O.T. - Oepattment of Transport
CM. - comer
. --------- ~ ~ ~
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· --------- PIpe found
e --------- Plpe/~ ~
A --------- Iron pin found
If -------- Wood ~ pole
C --------- Conc:nt. utIit;lt pole
. -------- ~
[ o..m.o" eleWic: ....
T o-t.ea4 ~ ....
· ChoWInIr. f_
+ Wood '-e
Note:AII pipes "." 6: aI Ptu . ... identrled
with 0 cop 01' .... ~ with the number
of the ~ ~
UnIe8e 8pecIriecI otIlerIIi... all plp.e OAI 7/a"
CO.D.) ones 011 rwoon OAI , 5.
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1)The survey hereon represents a
lot/lots with elevotions.
2)EIevotions hereon are re!otive to
known as 1929 National Geed .
3)No underground utiZities. founda
by this survey. Excavate at your
4)No encroachments were noted b
hereon.
5)The North Arrow and Beari"9s,(it
from the Legal Description. if i
The Bose of Bearin9s for perf
6)1he Plot os stated In the Legal
of January. 1955
7)This pareel is located in Nationa
Bo.. Flood Elevotion S' as s
6-16-95 To be verified by En
S)E1evotions ore shown thus: x 9
survey of vacant
eon Sea Level. 1929 Adiustment. also
Vertical Datum. (N.G.V.D.)
s, footings or septic tanks were located
n risk I
his survey unless depicted or stated
own). were derived from the Plot or
description is metes and bounds.
g this sutvey are denoted thus: (I)
cription was recorded on the 25th. day
9)The 'egal description was tumi
for the purpose of this survey.
is subject to opinion of title.
10)Any notorious evidence of occu .on and/or use of the described parcel for
right of ways. i"9ress and egr s is shown on this survey drowi"9. however.
this survey does not purpart to r lect any recorded' easements or right of way
other than shown on the recor Plot or stated in the Legal Description os it
appears on this drawi"9.This su y does not certify that such instruments do
not exisl. Nor does this survey s ow prescriptive easements.
11 )This survey was mode for the e use of the client as stated hereon and is
not warranted for unauthorized by third parties. No certifications other
than those stated specifically n ore implied.
ood Insurance Program Flood Zone AE .swn on F.E....A. mop panel I 843 .revised
er /County prior to consttvction !
and were derived from: Pk.El.S.JO'
Prime Reference: ""-274..0.13.39'
by the client.No abstracting was done
survey does not certify ownership. which
79/91790 Overseas H.i~way. a emier, Fl. 33070
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EXHIBIT B
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05/12/1998 ~ DEP CLK
FILE #1062832
BK # 1 5 1 4 PG # 1 8 8 1
RCD May 12 1998 12:03PM
DANNY L KOLRAGE, CLERK
This Quitclaim Deed, made this 16 th day of March, 199 8 , between
Ramona L. Huffman and Jeanne M. Huffman and Susan J. Warwick
QUITCLAIM DEED
hereinafter called the grantor, whose post office address is:
8201 E. Harry #1101
Wichita, KS 67207
Warwick, Trustee of the Warwick Revocable Trust under Trust
dated October 22, 1997, and Michael C. Warwick and Laura E.
And Elvera M.
Agreement
Kendall
hereinafter called the grantee, whose post office address is:
8201 E. Harry #1101
Wichita, KS 67207
Witnesseth, that the grantor, for and in consideration of the sum of $10.00 and other valuable consideration,
to the grantor in hand paid by the grantee, the receipt whereof is hereby acknowledged, has released, remised aud
quitclaimed, to the grantee, and the heirs and assigns of the grantee forever, all rhe right, title and interest of the
grantor in and to the follow:"lg d\.&cdbcJ b.d silU.al~; in Muur.:-e Coumy, FiUi:j~, tl' wi::
Lots 1 and 2, Block 10, South Creek Village, according to the
Plat thereof recorded in Plat Book 3, Page 85, Public Records of
Monroe County, Florida.
As to the interest of Grantee, Elvera M. Warwick, Trustee, full
power and authority is granted by this Deed to Trustee or its
successors to protect, conserve, sell, lease, encumber or
otherwise to manage and dispose of the real estate or any part
of it. '
Subject property is not the homestead of any of the grantors.
Ramona L. Huffman and Jeanne M. Huffman reside in Colorado.
Susan J. Warwick resides in Kansas.
Prepared without benefit of title ex~ination.
Parcel Identification Number: T ax# 004 6 819 0 - 000000
Tax#00468200-000000
In Witness Whereof, the grantor has executed these presents.
Signed in our presence:
~. \ I
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Ramona L. Huffman
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eM. Huffman ~
'w-
i ature of i
Print Name: ~u. u'v r p" {J"1...>..e,'I-J
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~~--
,/ Signa of ~ t
Print Name: /1 ()1P r &,4 II,....... & i i /; j ~
df!or{~JL) ~ Eifj:Y
Print N~e: _1)./..11 tV J (5
~ 7. c{;~~ M.. ~ - NOiARY PUBLIC - Slate of Kansas
Sl~ature of Wllness /1 8 . M. ANNE WEBB
Pnnt N:une: H. t"1AJAJr... Wc.A8 _ MvAplll.Explres of<J~/
i-trc-~ ~("''-
Prepared by: Andrew McClung, Attorney al Law, P.O. Cox 2800, Key Largo, Florida, 33037.
State of C C } c (c( (,1 0
County of if /lop V
The foregoing insuument was acknowledged before me this 2.(j fL day of March, 1998 by
Romona L. Huffman
who is personally known to me or who produced Driver License as identification and who did not take an oat!:.
Affix Notary Seal or Stamp:
State of
County of
~/()rad u
~'Ifr
The foregoing instrument was acknowledged before me this ;{ orf1cray of March, 1998 by
Jeanne M. Huffman
.73. r;l-1 c..erfi f7a.h. &s#: '~?
who is pe~onal1y known to me or who producecf9ri...er Lieense as identification and who did not take an ,,;uh.
f -
Affix Notary Seal or Stamp:
~0 a, ,
Notary Public, SJalC of
Print Name: -:JlA..5a n
My Commission Expires:
/
My CoAWIiMiel'l Expir...
10126W
State of
County of
en! was acknowledged before me thi7~aY of March, 1998 by
Susan J. Warwick .~ U o.AA.o- !J-
The foregoing .
o
. LOLA WILKS
Nollll}' Public' 81
My Appt ExplfltS ~#
! IONFO-E COUNTY
nFF I r: H\L ?ECORDS
FILE # 1 l. 5 :3 7 6 :3
2K# 1 (:, <2> 6 PG# 6 7 6
FCD Nov 2? l???
DANNY L KOLHAGE,
10: ::. ~ ".':
CLEF:'
PERSONAL REPRESENTATIVE'S RELEASE
AND CERTIFICATE OF DISTRIBUTION OF REAL PROPERTY
The undersigned,
Kathleen M. Warwick
deceased, hereby acknowledges that title to the real property located in
Monroe
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as personal representative of the estate of
Michael Carl I~arwick
County, Florida, owned by the decedent at the time of death, described as follows:
Lots 1 and 2, Block 10, SOUTH CREEK VILLAGE, according
to the Plat Thereof as recorded in Plat Book 3, Page 85,
of the Public Records of Monroe County, Florida.
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00468190-000000
Property Appraiser's Parcel Identification Number 00468200-000000
(the "Property"), vested in
Kathleen M. Warwick
(the "Beneficiary" or "Beneficiaries") by operation of law as of the date of the decedent's death pursuant
to Florida law as will more fully appear from the proceedings in the Circuit Court for Monroe
County, Florida, Probate Division, in File No. 99-20044 CP 10
. subject to rights of the
personal representative under Sections 733.607 and 733.608 of the Florida Probate Code to take
possession or control of the Property, or to use, sell, encumber or otherwise exercise control over the
Property (1) for the payment of devises, debts, family allowance, estate and inheritance taxes, claims,
charges, and expenses of administ.ration, (2) to enforce contribution ahd equalize advancement, or (3) for
distribution.
Having determined that the Property is not needed for any of the foregoing purposes, except
distribution, and that the Property should be released and distributed to the Beneficiary or Beneficiaries,
the personal representative hereby releases the Property from all rights and powers of the personal
representative and acknowledges that the Property is vested in
Kathleen M. WarwiCK
free of all rights of the personal representative.
Bar Form No. P-5.0600-1 of 2
o Florida Lawyers Support Services, Inc.
Revised August 1993
~
;ILE: # 1 1 5 3 7 fS -3
-K#160fS ::'-:;'#677
IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of the
,S,~i\. Z 1 .19QO.
decedent, has executed this instrument on ~ . ~
Executed in the presence of:
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(I.I{. U)l~
fft,IIu{;ll'dLL~
(two wi~88Be8)
~~;J w!1 LJ~~
As personal representative of the estate of
MICHAEL CARL WARWICK
deceased
STATE OF ~ KANSAS
COUNTY OF ~-e ~ /tv'I'c l
The foregoini instrument was acknowledged before me on
by Kathleen M. Warwick
Seft
77th
.19.5.3,
as personal representative
of the estate of Michael Carl Warwick
. deceased, who is personally known to
me
or who produced .!.c~ 11 L f.t= ~ f- S ~- 7 ~ 1/
(type of identification)
as identification.
~~A"'~ ~k
Notary Public, State oNllhD.1Dx Kansas
MY Commission Expitos: h.:> 'if .) t!tJ /
tl. DEANNA L. GOSCHA
~ Notary Public - State of Kansas
My Appt. Expires .a:1uary 24,2001
HONROE rO!JNTY
OFFICIAL RECORDS
This instrument prepared by:
Fred E. Glickman, Esquire
9200 S. Dadeland Boulevard,
Miami, Florida 33156
Suite 508
Bar Form No. P-5.0600-2 of 2
o Florida Lawyers Support Services, Ine.
Revised August 1993
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THIS INDENTURE, made the II day of May, Nineteen Hundred and Ninety Nine
II
BETWEEN CLIFFORI> KIEFER, residing at 434 Klaus Avenue, Riverhead, County
of Suffolk, in the State of New York; and
CLIFFORD KIEFER residing at 434 Klaus Avenue, Riverhead, New York 11901,
party of the first part, and
THOMAS M. KIEFER residing at 1423 Butternut Street, Syracuse, in
the State of New York, party of the second part,
WITNESSETH, that said parties of the first part, in consideration of the sum ofTen
Dollars and other good and valuable consideration, to her in hand paid by the said party of
the second part, the receipt whereof is hereby acknowledged, have granted, bargained and
sold to the said party of the second part, his heirs and assigns forever, the following
described land, situate, and being in the County of Monroe, State of Florida, to wit:
Lot 11, Block 11, SOUTH CREEK VILLAGE, according to the Plat thereof as
recorded in Plat Book 3, Page 85, of the Public Records of Monroe County, Florida.
Subject to: Conditions, restrictions and limitations of record, if any.
The above property is improved land and does constitute the homestead of the Grantee.
And the said party of the first part do hereby fully warrant the title to said land and will
defend the same against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set her hands and
seal the day and year first above written.
Signed, sealed and deliver~d i the presence of:
"a ~~
WITNESS /l. '(If (. , /.
\...
:)f &----_
FORD KIEFER
STATE OFN'EW YORK, COUNTY OF SUFFOLK}ss:
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared :
CLIFFORD KIEFER to me known to be the person described in and who executed the
foregoing instmment and she acknowledged before me that she executed the same.
WITNESS by an official seal in the County and State last aforesaid this I~t.:~ay of May,
1999. r--->" ;;Z/J
Deed prepared by: ~&"Jl-?{e.. ~I. ,;ij/~((.V\
William C. Goggins, Esq. NOTARY PUBLIC:
11775 Main Road
Mattituck, New York 11952
DONNA M. PAlMER
Notery PubIlc, Sta&e 01 New YQI1(
No.01PA5Q69878
Qua\Ifled In suttoIk County :J /f?),
~ Expires December9J~
LEGAL DESCRIPTION
THAT PORTION OF VILLAGE AVENUE LYING BETWEEN LOT 1, BLOCK 10 AND
LOT 11, BLOCK 11, ALL AS SHOWN ON THE PLAT OF SOUTH CREEK VILLAGE,
RECORDED IN PLAT BOOK 3 AT PAGE 85 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA.
,
,,-
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EXHIBIT D
Florida Keys
Aqueduct Authority Q<t:
Post OHice Box 1239 /
1100 Kennedv Dnve
Key West. Flonda 33041-1239. /
T~hO~ (3051~~~~>c?..
ThomasK~~ -
1423 Buttemtl't'SL
Syracuse, NY 13208
dl
jJ-;'O"
,: >'~.~.-J
J. Robert Dean, ChaIrman
Key West
Thomas R. McDonald
Vice-Chairman
Tavernier
Fred Shaw
Secretary- Treasurer
Big Pine
Albert O. Appell
Duck Key
September 29, 1999
Linda S. Wheeler
Key West
I'lY
C:\(j
John T. Daughtry
Executive Director
RE: Abandon a portion of Village Ave., between
Lot I, Blk. 10 & Lot 11, Blk. 11, South Creek
Village Subdivision, Key Largo, FL
Dear Mr. Keifer:
)
/
The FKAA Board of Directors approved at 1f!P September 15, 1999 meeting, the above
referenced project. "
..-/
Pursuant to your request for the abandonment of the above-reference property, Staff has
researched your request and have no objection to the abandonment since this is a small dead end
street that has no FKAA facilities or need for them and customers are served off Sound Drive off
a 6" C-900 PVC line.
Should you have any questions, please do not hesitate to call this office.
EFN/cma
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
Edgar F. Nicolle, Jr.
Distribution Design Specialist
cc: Bob Feldman, General Counsel
Jim Reynolds, Deputy Executive Director.
Arlyn Higley, Director of Maintenance Dept.
Monroe County Building Department
E~h,-Jlf F
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FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCIATION, INC. - FKEC
91605 :.ERSEAS HIGHWAY P.O. BOX 377. TAVERNIER. FL 3~:-:.0377 PHONE (305) 852-2431 FAX 13051 852.~-~~
08 April 1999
Mr. Thomas Kiefer
1423 Butternut Street
Syracuse, NY 13208
RE: ROAD ABANDONMENT
Adjoining Property at 326 Sound Drive
Key Largo, FL
Dear Mr. Kiefer: )
/
/
In re~nse to your letter of 0 1 April 1999 reqJsting the road abandonment at the above location,
Florida Keys Electric Coopetative has no objections to the abandonment.
~
Sincerely,
~ -t/)
J j(~ fL,-
Tom Roebling
Staking Technician
Approved By
John M. Burch. J:?' ector of Engineering
TR:nn
pc: J.Burch
C.Russell
File
D:\DA T A\ WP61\ENG\TMR99007.L TR
@ BELLSOUTH
BellSouth Telecommunications. Inc. 305 222-8220
9101 S.w. 24 Street
Miami, Florida 33165
4-11-00
File #240.0900
Elvera Warwick, et al
8201 E. Harry St, Unit 1101
Wichita, KS 67207
Re: Right of way abandonment Village Ave between lot 11, block 11 and lot 1
and 2 of block 10, of South Creek Village Subdivision, Key Largo, Florida,
Monroe County.
Dear Ms. Warwick,
Bellsouth has no objection to the above ~ferenced right of way abandonment.
If you have any questions concerning th~ matter I can be reached at 305-453-
9864. j .
Sincerely,
~g~T'
Specialist
: CF.- l~. -:.:. ,-,~: 7, I F'r'! I E'.'L~.F'C'~'':.7:3(\.1
1 :. (1 C:. :~: ,:. :: :. ~.. -7. (1
P.OI
Wt're rulnl rtltvis(on
.11Co comorrow.
..~ Tel Cablevision of FlorIda. Ir.e.
~1r. Thomas KIefer
1-l23 Butternut StIcet
Syracuse. NY 1320S
RE: Road Ab:.llldonmenl
Tel Cablevision has no ohject:on tt) yo~? request for Road Abandonmenl at
\'illage A venue, Sourh Creek Vil!:l~e .i~t'y Largo. L()( 1. Block 10 Joel Lot
: : , Block II. J
.....
,
If you need any additinn;.lllnform:Hion N have any questions. you cm call
:::e at 305 852-1277.
Sincerely,
:]/0U{ 0~~ ('\
'y ) {j ~--cx,
Jerry \Va"munJ
Plant ~Janager
,~j ~(.(D Co r:JY
5E~1
By
rn}1 'L-
'1" IS' - 9'1
Department of
Environmental Protection
~~
-~ ~
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399.3000
David B. Struhs
Secretary
May 13, 1999
Ms. Elvera M. Warwick
820 I East Harry, Unit I ! 0 I
Wichita. Kansas 67207
Dear Ms. Warwick:
The Division of State Lmds, as agent for the Board of Trustees of the Internal Improvement Trust Fund,
has no objection to the abandonment of Village Avenue as proposed in your letter of February 23,1999.
This letter applies only to the Board of Trustees' ownership at the end of Village Avenue. We are unable to
comment on behalf of any utility companies or the owners of Lot 11. Block II.
Please call me at (850\ 488-2291 if you have any questions regarding the state lands.
Sincerely,
\ '?fit ~~
r-, .\.l'--c.....,.
Tracy Peters, Senior Acquisition Review Agent
Bureau of Public Land Administration
TP/
EXHIBIT F
"Protect, Conserve and Manage F:or/da's EnVlrcr'ofnent and Natural Resources"
Pnnl~a on '~cycl~d pc~'
THOMAS KIEFER, DMD
142.'3 Burn:RNUT STREET
SYlW)J5E, NY 1:3208
PHONE: :3154741711
FM 315 4744818
E",.l: denti~concentric.net
August 30, 1999
Elvera M. Warwick
8201 East Hany St. Unit 1101
Wichita, KS 67207
Dear Elvira:
As the sole owner and resident of the property next to you to the east (326 Sound Drive), I am
writing to infonn you that I have no problem with the easement that you propose.
Furthermore, abandonment of this dead end will pennit us to be responsible and maintain the lot
which will also benefit the community.
If I can be of any other service, do not hesitate to contact me by phone or mail.
TImnk yo~ F.D ~
~~ I~ "irvvO
@o
UTH
Q
REEK
v,
LLAGERS.
X N C.
POST OFFICE BOX 2426
KEY LARGO. FLORIDA
November 29, 1999
Vera Warwick
8201 East Harry
Unit 1101
WIChita, KS 67207
Dear Ms Warwick:
The Association sent out its most recent newsletter (SC Voice-Nov '99) with a request to all South Creek
Village Homeowners and Residents, consideration of your intention to request purchase of the Village Rd
right of way, adjacent to your property. from Monroe County.
There were no comments sent to the Board before the requested deadline of November 23. 1999. At the
Board meeting of the same date, the motion to execute this letter with no objections to your request was
motioned by Betty Harvard. seconded by Sandra Stephenson, and passed with the majority.
let us know if we can be of any further assistance in your purchase efforts.
Sincerely,
~
HarTy M. Ward
Secretaryrrreasurer
HOMEOWNERS ASSOCIATION
CC: Barbara Winkler
Dieter Kombert
O~~y ~~~~E
(305) 294-4641
,.. ..... .r-w---
,
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District )
MA YOR Shirley Freeman, District 3
MA YOR PRO TEM George Neugent, District 2
Mary Kay Reich, District 5
Nora Williams, District 4
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63'd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-60 I 0
(305) 289-6013 FAX
Ijr.lt: rg If? ;,
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"'41" 2 (J
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1;)
INTEROFFICE MEMORANDUM
DATE:
May II, 2000
TO:
FROM:
J.G. "Joe" London, Fire Marsh
SUBJECT:
ROAD ABANDONMENT INSP I N:
End of Village Ave., Between Blk I I I, Lots I, So. Creek Village subdivision
WarwicklKendalllKiefer, property owners,
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment.
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, Assistant Fire Marshal
Arthur "Wally" Romero, Assistant Fire Marshal
VilIageA vSoCrkVilIKL/RoadAbdn/mw7.0
MONROE COUNTY FIRE MARSHAL'S OFFICE
Memorandum
~~cg~TIW~~
&\ JUN 0 9 2000
Date: 06/08/00
To: Dave Koppel
From: J.R. Gorentz (Engineering>\~
RE: Road Abandonment Petition - Village Avenue, South Creek Village, Key Largo
Reviewed the materials received from the County Attorney's Office on the
abandonment. Researched the documents in our office and find no reason to
contest the request. Adjacent property owners, utility companies and the South
Creek Villagers are in favor of the abandonment, therefore I recommend we
abandon the road to the adjacent property owners as requested.
1l>
f (fJr-
~~
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MEMORANDUM
m~@~IT~~~r~\
t~\ MAY 3 1 2000 ,-)
TO: Suzanne Hutton, Assistant County Attorney
THROUGH: K. Marlene Conaway, Director of Planning
FROM:
Warren E. Mallett, Sr. Planning Technician
DATE:
May 17, 2000
Subject:
Request from Elvera M. Warwick, Kathleen M. Warwick, Laura
E. Kendall and Thomas Kiefer for a Road Abandonment
between Lot 1, Block 10 and Lot 11, Block 11 of South Creek
Village, Key Largo, FL., MM 103.
Elvera M. Warwick, Kathleen M Warwick, Laura E. Kendall, co-owners of Lot
1, Block 10 of South Creek Village, and Thomas Kiefer, owner of Lot 11,
Block 11 of South Creek Village have requested the abandonment of the
southern portion of Village Ave. between Lot 1, Block 10, and Lot 11, Block
11 of South Creek Village, Key Largo,FL, at approximate MM 103.
The entire South Creek Village subdivision is zoned Improved Subdivision
(masonry) (IS-M). There is a single family residence on Lot 1, Block 10, and
a single family residence on Lot 11, Block 11.
Roadway Description
The roadbed which is the subject of the request for abandonment was
originally platted as the southern end of Village Ave. as shown in Plat Book
3, Page 85, of the Public Records of Monroe County. There is no evidence
of any paving on the property, and the property is completely covered with
vegetation.
Use of the Road
There is no current use of this portion of Village Avenue.
Development Potential
There is no development potential for the property.
00468190.000000 00468460.000000
Page 1 oU
Warwick Road Abandonment
Shoreline Access
The portion of Village Ave. being proposed for abandonment does not
terminate on open water.
Staff Review
A review of the records and an on site inspection of the property revealed
the following:
1. The original platted roadbed shows no signs of ever having
been completed. The entire property is covered with grass
and trees.
2. The Florida Department of Environmental Protection is the
only other adjacent property owner and has provided a letter
to the applicant stating that they have no objections to the
abandonment of Village Avenue, which ends on the northern
border of Pennekamp Park.
3. The applicants have received letters of concurrency from the
Florida Keys Aqueduct Authority, BellSouth, the Florida Keys
Electric Cooperative Association and TCI Cablevision of
Florida. No easements are anticipated in the proposed
abandonment area from any utility.
4. The applicant has stated that the roadbed is serving no one
except the owners of the property on either side.
Conclusion
Staff recommends APPROVAL of the request by Elvera M. Warwick,
Kathleen M. Warwick, Laura E. Kendall and Thomas Kiefer for a road
abandonment of a portion of Village Ave. based on the following:
1. The road proposed for abandonment serves only the
applicants. Therefore, the request for abandonment meets the
requirements as outlined in the Monroe County Code Section
16-1.
2. The road does not terminate on a body of water, and is
consistent with goal 213 of the Monroe County Year 2010
Comprehensive Plan.
3. Based on the application and supporting documentation, the
abandonment will not impair the distribution of utilities in the
neighboring area.
cc: Ed Koconis, AICP, Development Review Senior Administrator