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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 ..f t ./ 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 -- --,. -',. \. .' t _"i-'--~ / 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 I I , I I I / / / -" ----------- 25' Plot 25' Plat w I, , i I I I \ \ \ \ , , ......- .....---~----- ::> Z' I w SOU N 0 > /' <( Pk/IJ925' I fncl. EJ.l0.15'~. :' ! : I. .~ -- ~. 'D R ! V E , ..-... ir " , o .~. '-0- , ..-... ~ 10.0' )f-'.:.... -' - - - - - - - - - - - - L ~ - - - .:... - _ _' _ .:... _ .:.... _: _ ~ 8.5' E E I E [ E ~ 100' Plot 1- 100.01' M. -------- ------ PIpe x 9.5' ~ - x 9.4' I X 9.1' I I PIpe ~-t". MI i I . 0 :::E ""'" .- ..- W olI .- I~ a ~ 0 w ~ Z w E () <( w () 0 0.. 0 -J -.J I 0 -J CD I. z CD ::> -.J It) ~ 0 ......... ..- 1- .- .-- > I 0 .-- -.J 9.5' 0 .di"". -.J -(,0. x 8.6' <JS~. l'Cb. 't't:>" .,. Cb. Plpe/fJe2:1 '" ""'.0. :1'$; 0.04"N; --------------- -------------- ~'nd. Plot O. 'N; NOT A PART OF THIS PLAT Cl.04'W; 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 -~ 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 . --------- ~ ~ ~ . --------- ~ ~- · --------- 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. O' 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 I J 1 I 1./ '~41 \'./ . r--r\14(.~(~~~O~ ANITA LANIE ~ ~~\ <(}.<{f. ~ ~ ' . ~ , -J, ,,:;l .. 1~~ ,~~~~~~ " ,NAL (C,~~ ~ ~~ a1 ~ ,. ~ ~ ~~(C,1~ r -l ~ @~" ~ ~ -L 10.. '2 8" :0 Ii. 7 11 ---;1 ;~(~ o~ 11 \.-- · p ~'~ ~ ANAL '0.\ Iil V,.... . ~"114h\ :,:21, :: ~~ ~ \ : ~ ,~.,(f LV 'r---11I ~ ~ ~ $ .--j ~ CI .:- .ANIE -1 ~~~r.-!-i ~. ~ ~ 11U~ \J!- ~ · 2 103 ~~ ~~~<&,~ \--- 0 ~I . v \lP ~l3I / 1 " 7 ... . 11> r" ---:, ~. At II $' ~ · ~... ~, a ANAL r 1 i ---;' ~..'/ 4 1,/17/,1IJ'~ 1 ~ ---;\ J 4" ~ ' · 14 , . ~ ~. "of 0 .~ ~\\!)\'t8..~~' la r--;- "10... ~~ "9v, r LAINE a' O' 11 ~ , 7 ,. 10 \ ~. / ANAL. . ' ,,,,,1""1 \.I, 11 10.. sc: ,~ ""10 LANE 11 " '17 . . : ~~~ ~ ~A~~\l ~~ ~ ~ O' ~ .. .. '. '. 0- ,~., 41; '. "'Yo . . 7 . , 4 a II ,:;; '-~ 'I' :i '. 17 1. 11 .10 21 ~ 11 U U 114 I. lie 1I7 ., ~ ~ '. M ~ IJ III 11 10 . . ") ::t ,~ · f,/ la I_L.. L... 7 . . 4 a II '/: :7,.{.I.I021UU I::JI Ij/.. -- - 17 ao ., U aa;,d Jill ( ~~~. 11 11 14 la 11 11 10 . p~ ~al4f' lie !J.Iflj NI ~ ~ T ~~~ ~\\\\,.\\,. _e~\'lt ~~,~ 1~:' 17 ,. 11 14 la III CABRIRA STREIT 'fl!!il.... , . ~ . ~ - . . > TIIACT A I.Y/ I. 0/',a 11 I... Y~' lac 21 I. '( . 4 a II 1 11 I. . . 7 . ... U U 14121 21 17 I' 21 ao at aa I PLANT!! STRIEIET · · 4 a I 1 10.. \I e~ 4 a I 1 UM1I":~~~~~MrI"""1I.IO _,\\'\l~ -..., COLLINS I TRIIET 'l!1'W ./ · · 4 a I 1 1O"~ 7 . . 4 a I 1 . . '0 YA 'I /( 11 .. ~ 'I I~Y/ I. 0/"0 .~ '- ,,-'f" '7 ~ ~U 11/" '0 I 1 ~ O' ... . . 7 1I1I1021UUI4I1H [ . 7 . . 4 a II 1 117 II' Illao., U aa .. aall 87 II at 4041 v I' ~ ~~~ ~ KEY LARGO , .ft, \/l8U \\,.A~\E ~~~f'i7 · · 4 a I 1 CABRERA STRt:ET tfr--w- : ~'I~ :'~,,: ~ KEY i ! ~ ~~~ ~ '-...... . I . ~ V I I L~ l!: PLANTE STREIT :i M ''l:\\ > .c " '1 la o C5 II!: ~ l'@ I ",ft, ~ 4;>> , JS . . 10 J~ - ... . . . . ... '0 .... -M - r- 117"4a 11 IlIa '4 11 11 17 11 11 .10 I, .-' I~ SOUND DRIYE BASIN 1 " 10 I . 7 . . 4 a I -J' ). 55 KEY LARGO ~) l . f'"6N61 oS _ 7 V- ~ EXHIBIT B \ --- u w .... ~ ~ ~ ~ - -"2J~ - .. . . 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 J I. \ I , \.. \' i r ,(1.\ (: - L Ramona L. Huffman . i . I. I . I Il,".j-'_ J. _ l l .1/1 "- E"/\ , ~ \(.0 t- 'Y"' rJ1?1. b- eM. Huffman ~ 'w- i ature of i Print Name: ~u. u'v r p" {J"1...>..e,'I-J () ~~-- ,/ 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 ....'0 .....1:'1 ,t':] ~..) 0 '.D '-0 ~ () 'J) :'"} 'D '0 rn ~ tti 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. o t:'] 'U~ ""2-.1 ["4~ ~ 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: '. } / (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 I II II II II II II 11 II II II II II II II N II o II N II E-<C'111 ~"""II ~ II P::::::'::I E-<~ Cl)0 >-< ~ 0E-<:3 ~E-<~ Z~Z 0>-< P::: < ~ I ~~II ~ Cl)1I . 0 II O~UII ~ <II Z-::tA::1I 0......>-<11 A::C'lCI)II II II II II II o II E-< II II Z II P::: II ::J II E-< II ~ II P::: II tI o II Z tI < II II o II P::: II o II U II ~ tI P::: tI tI II tI II II II tI tI II II II II II . " (C <<:.~. -\:".'.\, ..,ICYl ( ;'!' ,::.=!) ') \' ,( j j OfL ~~ u 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. , ,,- -I j ./ ( 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 ~'f\. ~~\...E.CT~/" C' I.lJ 0 ::.:: 0 .do ;g ~o.: ;4~ 07;1 3~'); 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? ;, . !., "'41" 2 (J ?OOO 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- ~~ :; J e;,td- J) F:-olf\ M'~~/ otc ~~ il, j}> &.1) 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