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Item K13
�` CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS y M T� \�1a� Mayor Michelle Coldiron,District 2 �1 1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile FlOnda Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: K.13 Agenda Item Summary #7697 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 n/a AGENDA ITEM WORDING: Approval of a Resolution setting the time, date, and place for a public hearing to consider a request by Richard and Deborah Riolo, Jason and Michelle Koon, Adela and Jorge Barrios, and Roger Starkey, LLC, for a resolution renouncing and disclaiming any right of the County and the public in and to the right-of-way of a portion of an unnamed alley, Key Largo, Monroe County, Florida, as shown on the plat of Riviera Village, Plat Book 2, Page 80, bounded on the north by Marlin Ave; bounded on the west by Block 4, Lots 4 and 56-57; bounded on the south by Dolphin Road; and bounded on the east by Block 4, Lots 1-8. ITEM BACKGROUND: The Applicants, Richard and Deborah Riolo, Jason and Michelle Koon, Adela and Jorge Barrios, and Roger Starkey, LLC, have requested the abandonment of an unimproved, unnamed alley, in Riviera Village, according to the revised amended Plat thereof as recorded in Plat Book 2, Page 80, of the Public Records of Monroe County, Florida, bounded on the north by Marlin Ave; bounded on the west by Block 4, Lots 4 and 56-57; bounded on the south by Dolphin Road; and bounded on the east by Block 4, Lots 1-8. The alley is located near the end of a block close to US1, at approximate mile marker 105, as shown below: Packet Pg. 2516 s L i The Applicants are requesting the abandonment of the entire right-of-way of the unnamed alley that cuts through the eastern end of Block 4 of the plat and lies adjacent to the Applicants' properties. The Applicants own the lots surrounding the abandonment request, and the right-of-way to be abandoned is not improved. The Applicants have made the request for the following reasons as documented in the submitted application: • To accommodate driveway access; • to clean up the right-of-way; • to expand their properties; and • to construct accessory structures (garage and playground expansion). The total area of the right-of-way requested is 5,341.2 +/- square feet which would be divided between all Applicants. The figure below shows the right-of-way proposed to be abandoned in blue: tit si �S 1 F { Packet Pg. 2517 Excerpt from the Revised Amended Plat of Riviera Village showing subject alley within Block 4 in red: '4 4X 46 b f 4B 00 F. 0, Ti .FJ ..F4 �4 F`L !� X0 00 Ll L i (:3 6+ 11 47 e 11 y 9 v , 5 e 3 z� FI rc. LS se L3 r7 Ak sx' I ✓v ( AM --- — `� .� i T 3B -WO .Me. W 49 41 44 4S -4 47 40 43 X. Sd 92 .3r9 I ,S4 TX .fCe ¢• '>�`�, f / Packet Pg. 2518 All four affected property owners are co-applicants for the proposed abandonment; their respective properties and the portion of right of way each would obtain are depicted below: J o II e m,a Robert R }s f Starkey,LLC Mr. ,"iol 111'� irk sir t Mr. & Mrs. r Barrios " F r 0 This right-of-way abandonment petition has been reviewed by Monroe County staff and all utilities and relevant parties have stated that they have no objection, so long as the following conditions are met: 1. The Florida Keys Electric Cooperative ("FKEC"), in an email dated December 29, 2020, required the applicant to grant an Easement for existing FKEC-owned utilities located within the right-of-way to be abandoned. The required easement has been executed by both parties and recorded in the official records of Monroe County. County staff has found that the proposed abandonment meets the criteria of Monroe County Code Section 19-1. Further detail is provided in the Staff Report, included in the backup of this agenda item. Staff is requesting approval by the BOCC of a resolution that will set the public hearing to consider the abandonment for May 19, 2021, at 1:30 pm, at the Harvey Government Center, 1200 Truman Ave., Key West, Florida, during the regularly scheduled meeting of the BOCC. PREVIOUS RELEVANT BOCC ACTION: N/A Packet Pg. 2519 CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of Resolution. DOCUMENTATION: Resolution to Set Hearing Staff Report Combined Surveys County Department Letters Utility Letters FKEC Easement-recorded FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: NA Additional Details: REVIEWED BY: Emily Schemper Completed 03/30/2021 12:13 AM Peter Morris Completed 04/05/2021 2:54 PM Assistant County Administrator Christine Hurley Completed 04/05/2021 5:32 PM Purchasing Completed 04/06/2021 8:07 AM Budget and Finance Completed 04/06/2021 8:26 AM Maria Slavik Completed 04/06/2021 11:53 AM Packet Pg. 2520 Liz Yongue Completed 04/06/2021 12:19 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg. 2521 K 73.a I Petitioner:Riolo,Barrios,Koon&Starkey,File No.2020-146 2 fa 3 .w 4 RESOLUTION NO. -2021 5 6 A RESOLUTION APPROVING THE SETTING OF THE 7 DATE, TIME, AND PLACE FOR A PUBLIC HEARING 8 CONCERNING THE PROPOSED ABANDONMENT OF A 9 PORTION OF THE RIGHT-OF-WAY OF AN UNNAMED 10 ALLEY, AS SHOWN ON THE PLAT OF REVISED 11 AMENDED PLAT OF RIVIERA VILLAGE, PLAT BOOK 2, 12 PAGE 80, BOUNDED ON THE NORTH BY MARLIN 13 AVEnue; BOUNDED ON THE WEST BY BLOCK 4, LOTS 4 °- 14 AND 56-57; BOUNDED ON THE SOUTH BY DOLPHIN ' 15 ROAD; AND BOUNDED ON THE EAST BY BLOCK 4, 16 LOTS 1-8, SECTION 01, TOWNSHIP 61 SOUTH, RANGE 39 a 17 EAST, KEY LARGO, MONROE COUNTY, FLORIDA. 18 , 19 WHEREAS, an application was filed by Richard J. Riolo, Deborah E. Riolo, Jason and 20 Michelle Koon, Adela and Jorge Barrios, and Roger Starkey, LLC, for the Monroe County Board E 21 of County Commissioners ("Monroe County, Florida", "Monroe County", "BOCC", "Board", or 0 22 the "County") to abandon and disclaim a certain portion of the right-of-way more particularly 23 described as set forth above and below; and 24 25 WHEREAS, Monroe County desires to renounce and disclaim any right of the County 26 and the public in and to the hereinafter certain portion of the above-referenced right of way; and 27 28 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 29 after publishing due notice of said hearing in accordance with said Chapter; and 30 v) 0 31 WHEREAS, due notice must be published and a public hearing must be held in 32 accordance with Chapter 336, Florida Statutes; 33 0 34 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 35 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 36 37 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, 38 and are hereby incorporated as if fully set forth herein. 39 40 Section 2. The Board will hold a public hearing on May 19', 2021, at 1:30 P.M., at 41 the Harvey Government Center, 1200 Truman Ave., Key West, Florida, to determine 42 whether or not the Board will renounce and disclaim any right of the County and the public in File 4 2020-146 Page 1 of 3 Packet Pg. 2522 K 73.a I and to the following described streets, alley-ways, roads, or highways as delineated on the 2 hereinafter described map or plat, to-wit: 3 4 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 5 6 A 20 FOOT WIDE ALLEY AREA BOUNDED BY THE NORTH RIGHT OF WAY LINE OF 7 DOLPHIN ROAD. THE SOUTH RIGHT OF WAY LINE OF MARLINAVENUE ALONG WITH 8 LOTS I THRU 9 AND LOT 57, BLOCK 4, SHOWN ON THE REVISED AMENDED PLAT OF 9 RIVIERA VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT io BOOK 2, AT PAGE 90 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND i i BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; 12 13 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 4 ON THE NORTH 14 RIGHT OF WAY LINE OF SAID DOLPHIN ROAD, THENCE RUN IN A WESTERLY 15 DIRECTION ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID 16 LOT 8 AND THE SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF 2544 FEET TO 17 THE SOUTHEASTERN CORNER OF SAID LOT 57, BLOCK 4, THENCE RUN IN A 2 0 18 NORTHEASTERLY DIRECTION ALONG THE SOUTHEASTERLY LINE OF SAID LOTS 57 i9 AND LOT 9 AND THE NORTHWESTERLY LINE OF SAID 20 FOOT WIDE ALLEY FOR A 20 DISTANCE OF 267.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF 21 MARLIN AVENUE FOR A DISTANCE OF 2544 FEET TO THE NORTHWESTERLY CORNER 22 OF SAID LOT 1, BLOCK 4; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG 23 THE NORTHWESTERLY LINES OF SAID LOTS I THR U 8, BLOCK 4 AND THE v? 24 SOUTHWESTERLY LINE OF SAID ALLEY FOR A DISTANCE OF 267.06 FEET 25 CONTAINING 5,341.2 +/- SQ UARE FEET. E C 26 c 27 Section 3. Construction and Interpretation. This Resolution and its interpretation shall 28 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) 29 and policy(ies) of the County. The construction and interpretation of this resolution and all 30 Monroe County Comprehensive Plan provision(s), Monroe County Land Development Code and 31 Monroe County Code of Ordinances provisions ("Monroe County Code(s) provisions"), Florida 32 Building Code, Florida Statute(s), and Monroe County resolution provision(s) whose 33 interpretation arises out of, relates to, or is interpreted in connection with this resolution shall be s 34 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) 35 and policy(ies) of the County, and shall be construed in favor of the BOCC and such c 36 construction and interpretation shall be entitled to great weight in adversarial administrative 37 proceedings, at trial, in bankruptcy, and on appeal 38 39 Section 4. No Liability. Monroe County expressly reserves and in no way shall be 40 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 41 governmental, and any other similar defense, immunity, exemption, or protection against any 42 suit, cause-of-action, demand, or liability. 43 44 Section 5. Severability. If any provision of this Resolution, or any part or portion 45 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of 46 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion File 4 2020-146 Page 2 of 3 Packet Pg. 2523 K 73.a i thereof, shall neither limit nor impair the operation, enforceability, or validity of any other 2 provision of this Resolution, or any remaining part(s) or portion(s) thereof. All other provisions 3 of this Resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full 4 force and effect. 5 6 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 8 Florida, at a regular meeting of the Board held on the 21st day of April, 2021. 9 10 11 Mayor Michelle Coldiron 12 Mayor Pro Tem David Rice 13 Commissioner Craig Cates .2: 14 Commissioner Eddie Martinez 15 Commissioner Mike Forster 16 17 18 BOARD OF COUNTY COMMISSIONERS 2 19 OF MONROE COUNTY, FLORIDA 20 21 22 BY: 23 (SEAL) MAYOR MICHELLE COLDIRON 24 25 ATTEST: KEVIN MADOK, CLERK E 26 MONROE COUNTY ATTORNEY C 27 P -� 28 By Date; 29 AS DEPUTY CLERK 0 0 File 4 2020-146 Page 3 of 3 Packet Pg. 2524 r 2 3 MEMORANDUM 4 Monroe County Planning & Environmental Resources Department 5 We strive to be caring,professional and fair 6 7 To: Monroe County Board of County Commissioners 8 9 Through: Christine Hurley, Assistant County Administrator 10 Emily Schemper, Sr. Director of Planning & Environmental Resources 11 12 From: Janene Sclafani, Transportation Planner 13 14 Date: March 2, 2021 a� 15 16 Subject: A public hearing to consider the approval of a resolution renouncing and 17 disclaiming any right of the County and the public in and to a portion of the right- 18 of-way of an unnamed alley, as shown on the revised amended plat of Riviera < 19 Village, in Section 01, Township 615, Range 39E, ofMonroe County, Florida (File o 20 #2020-146) 21 22 BOCC Meeting: April 21, 2021 (set public hearing) 23 May 19, 2021 (public hearing) 24 _ 25 26 REQUEST: 27 E 28 Richard and Deborah Riolo, Jason and Michelle Koon, Adela and Jorge Barrios, and Roger 0 29 Starkey, LLC (the"Applicants")request an abandonment of an unnamed alley, in Riviera Village, 30 according to the revised amended Plat thereof as recorded in Plat Book 2, Page 80, of the Public 31 Records of Monroe County, Florida, bounded on the north by Marlin Ave; bounded on the west 32 by Block 4, Lots 4 and 56-57;bounded on the south by Dolphin Road; and bounded on the east by 33 Block 4, Lots 1-8. 34 0 35 The Applicants are requesting the abandonment of the entire right-of-way of the unnamed alley 36 that cuts through the eastern end of Block 4 of the plat and lies adjacent to the Applicants' 37 properties. The Applicants own the lots surrounding the abandonment request, and the right-of- v) 38 way to be abandoned is not improved. The Applicants have made the request for the following 39 reasons as documented in the submitted application: E 40 • To accommodate driveway access; 41 • to clean up the right-of-way; 42 • to expand their properties; and 43 • to construct accessory structures (garage and playground expansion). 44 45 The total area of the right-of-way requested is 5,341.2 +/- square feet which would be divided 46 between all Applicants. Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 1 of 13 Packet Pg. 2525 K.13.b "Al� , nk t , t 0 4001 3 r 22 2 Figure 1-Proposed Right-of-Way Abandonment location. 3 4 REVIEW OF APPLICATION: 5 The requested Right-of-Way Abandonment is established within the revised amended plat of v? 6 Riviera Village, a subdivision in Section 01, Township 61 S, Range 39E. The plat was recorded on 7 January 13, 1948. E 8 f #3" 4C add; �'S4'. �`m 3J .mod 3'.7 SM y%"6 .f°C aiY9 JS3 E..^w •LP Cz. f, 6i 4,m6 44 CaFa.. 47 4 r Z z, r Z. t� ram �' ,9 zs x x7 ZG f0 ( s y3 r a ✓v !J r rr ro" \r w /0 7 PAJ.PAP $d 41 aX *g at 4$ 44 47 si .sr xi Figure 2-Excerpt of revised amended plat of Riviera Village, showing subject alley in red. 9 The proposed abandonment portion is described as follows: 10 11 A 20 FOOT WIDE ALLEY AREA BOUNDED BY THE NORTH RIGHT-OF-WAY LINE OF 12 DOLPHIN ROAD. THE SOUTH RIGHT-OF-WAY LINE OF MARLIN AVENUE ALONG WITH Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 2 of 13 Packet Pg. 2526 K.13.b I LOTS I THRU 9 AND LOT 57, BLOCK 4, SHOWN ON THE REVISED AMENDED PLAT OF 2 RIVIERA VILLAGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3 2, AT PAGE 90 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA AND BEING 4 MORE PARTICULARLY DESCRIBED AS FOLLOWS; 5 6 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 4 ON THE NORTH 7 RIGHT-OF-WAY LINE OF SAID DOLPHIN ROAD, THENCE RUN IN A WESTERLY 6 8 DIRECTIONALONG THE WESTERLYEXTENSION OF THE SO UTHERLY LINE OF SAID LOT 9 8 AND THE SAID NORTH RIGHT-OF-WAY LINE FOR A DISTANCE OF 2544 FEET TO THE 10 SOUTHEASTERN CORNER OF SAID LOT 57, BLOCK 4, THENCE RUN IN A 11 NORTHEASTERLYDIRECTIONALONG THE SOUTHEASTERLYLINE OF SAID LOTS 57 AND 12 LOT 9 AND THE NORTHWESTERLY LINE OF SAID 20 FOOT WIDE ALLEY FOR A DISTANCE 13 OF 267.06 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF MARLIN 14 AVENUE FOR A DISTANCE OF 2544 FEET TO THE NORTHWESTERLY CORNER OF SAID 15 LOT 1, BLOCK 4; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG THE 16 NORTHWESTERLY LINES OF SAID LOTS I THRU 8, BLOCK 4 AND THE SOUTHWESTERLY 17 LINE OF SAID ALLEY FOR A DISTANCE OF 267.06 FEET CONTAINING 5,341.2 +/- SQUARE 18 FEET. < 19 . k A V E by U E Cd 77 0 LF i <> LECCR1 .fig' . P F] A' D y 20 21 Figure 3-Excerpt of Boundary Survey 22 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 3 of 13 Packet Pg. 2527 K.13.b I The proposed abandommnet involves mutiple property owners which will benefit from the request, 2 their respective portions are depicted below in figure 4. 3 t C I }!j i p. N _ q/q V , Mr.&Mrs ' N a Koon 4- A � _c a Robert �' Starkey,LLC Mr.&'Mrs, Riolo �� Mr.&Mrs 11. wk IIE Chi Barrios ' r.. C C PI a , CD 5 Figure 4-Excerpt of Boundary Survey— color overlay added to show ownership 6 7 8 9 The individual portions of the abandoment are more particularly described on the following 0 10 pages. 11 12 13 14 15 0 16 17 18 Remainder of page intentionally left blank U) 19 20 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 4 of 13 Packet Pg. 2528 K.13.b 1 Mr. and Mrs. Riolo - Lot 57, Block 4: SIPTt The Northwest 10 feet of ca, 20 foot wide alley contiguous to .rat 57, Bloch 4, REVISED AMENDED PLAT Or- RIVIER, 'VILLAGE, according to the Plat thereo,r as Recorded in plat Book P.J at Page 80 of tlae Public Re,cords of Monroe County, Florida an being ,ore particularly described as f allow ) BEGINNING at a port on! the North line of Dolphin Road at the Southwest corner of said Lot 57, Block 4) thence run in a Northeasterly direction along the Southeasterly line of Lod: 7' and Northwesterly line of -airy 20 foot wide ol(ey far 13152 feet � to the Northeaster y corner of Lot 57r thence run ir-a an Easterly direction atong the Easterly extension of the North 0i Lin ca' Lot 57 for 12,72 feet to a point on the centerline of said 20 foot wide allay) thence run in a .Scouthwe teriy direction along a Line 10,00 feet Southeasterly of the Southeast Brae of Lot 57 for 133.52 feet to a point on the Worth line od DDLphin � Road thence run in a Westerly direction atong said North )lire For 12.72 :eet bock to the PD.-INT DE BEGINNING. Containing 1,335.25 square feet, � 2 A 777777 ?� 7 �; -r - 1 r 0 � I „ ` , 0 i 1., r.,ill E 3 4 Figure—5 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 5of13 Packet Pg. 2529 K.13.b 1 Mr. and Mrs., Koon - Lot 9, Block 4: DESCRIPTIONt The Northwest 1.0 feet of a 20 fort side a,ltey1 contiquous t Lot 9, Block,, 4, REVISED AMENDED PLAT OF RIVIERA, VILLAGE, according to the Plat thereof as Recorded en Plat Pack 2, at Page 80 of the Public Records of Monroe County, Fliar do and being more particutorly described ibed as Follows; BEGINNING at a paint on the South line of Martin Avenue at the CD Northeast corner f said Lot 9, Bloch 4, thence run in a Easterly direct`san along the South line of Martin Avenge and the Easterly Projection of the North line or Lot 9 for o 12.72 feet to a Paint on the centerline of said '0 Foot wade Alley,, thence run in a. Southwesterly direction on a lire 10.00 03 feet Southeasterly of and parallel to the Southeast lire of Lot 9 for 133.53 feet tea a Point on the Easterly extension of the South line of Lot ` , thence run in a Westerly{ direction alanaq said Easterly extension for 12,72 feet to the Southeast � corner of Lot 9f thence run In a Northeasterly direction along the Southeast line of Lot 9 and Northwest line of sold 20,00 foot wade alley for 133.53 feet back to the POINT OF P GINNIN Containing 1,33 ,36 square feet, _ 2 0 12.72 a . 775.9' F{at C C. " ® aL. h y 41� o As 4. C.SQ' Plat f'% ✓ 12.72' 2' 4 Figure—6 Excerpt of Boundary Survey m 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 6of13 Packet Pg. 2530 K.13.b 1 Mr. and Mrs. Barrios - Lots 6-8, Block 4: DESCRIPTIONt The Southeast 10 feet of a 20 foot wide alley contiguous `to Lots 6 7 and 8. Block 4, REVISED AMENDED PLAT OF RIVIEPA VILLAGE according to the Plat thereof as Recorded in blot Brook 2 at Page 80 of the Public Pecords of Monroe County, Florida, and being more pDr-ticutarly described as f'otllowsl BEGINNING of o point on the North line of olip in Rosin at the Southwest corner of said l-rot 8, Block: 4, thence run in a Westerly direction o(ong the North line of Dolphin Road and -the 'westerly projection of the South tine of Lot 8 for � 12.72 feet to o point on the centerline of said 20 foot wide Alley, thence run in a Northeasterly direction on a line 10.00 m feet Northwesterly of and parallel to the Northwest line of Lots 8, 7 and 6 for 149.92 feet to a point on the Northwesterly extension of the Northeasterly tine of Lot t thence run in � o Southeasterly direction atom cord Northwesterly extension for 10.00 feet to the most Northerly corner of Lot 6,, thence run in a Southwesterly direction atong the Northwesterly lines of Lots 6, 7 and 8 For 142,06 feet hock to the POINT OF BEGINNING. Containing 1,459,87 square feet, _ 2 0 �' < o— PQ l 6?lSd, Piwt N16 { V) e , m v 4, ~ g. o 51 50 gti Ito frAtb• ,�. 12.72' 12.72' A a52.61• PWt C. C 4� 3 4 Figure-7 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 7of13 Packet Pg. 2531 K.13.b I Robert Starkey, LLC - Lots 1,2, and 3-5. Block 4 — under same ownership but depicted and 2 described separately: 3 Lot 1: DESCRIPTIONt 'The Southeast 10 f` e of a PO foot wide~ alley contiguous to Lot 1, BlocP 4, REVISED AMEQED PLAT OF PIVIERA VILLAGE according to the Plat thereof as Recorded in Plat Book P' of Page D of the Pubtic Records oF Monroe County, Ftorido, and being more Particularly described as foliowsi BEGINNING at a point on the South line of Marlin Avenue at � the North corner of said Lot 1, Block 4; thence run it a Southwesterly direction along the Northwest lire of Lot 1 � for 25,00 Feet] thence run in a Northw aterly direction along o Northwesterty extension of the uthwe ter iy lira' of Lora 1 for 10.00 feet to a point on the centerline of said 20,00, foot valley; � thence run In a loathe a ter iy directionor) a tiro 10.00 feet Northwesterly of the Northwest tine of Lot 1 For 17.14 feet ;> to a point on the South line of Marlin A nna thence run in an Ea terty direction Wong the South tine of Martin Avenue for 12.72 feet back to the POINT OF BEGINNING- .2 Contairflng 210.72square feet, 4 C 1L7�'12.72' C C. SUBJECT a ' •" `c PARCEL C 9 / i ��4 F �f. `•'- ga Zr� T so'Y �4. zy DES ERIP Lat :, Bla nt Pnge BC F' rand being BEGINNING C! 4.. the North � Southwest a s,er ?'S.OQ °' } ° 4 N rthvro_ for i0 f thence run 5 6 Figure— 8 Excerpt of Boundary Survey 7 8 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 8of13 Packet Pg. 2532 K.13.b 1 Lot 2: DESCRIPTIONi The outh o t 10 f' t of ra. 20 foot snide oHey contiguous to 1-ot 2, Bloch 4, REVISED AMENDED Pt-AT OF RTVIERA VILLAGE accordinq to the Flat th r o cis Recorded In Phot Book 2, at brags 90 of the Public Records of Monroe County, Florida, and oeing more Particularly described as follows; C:F7 Mi=NMNIG at a point on the South lire of Marlin Avenue at c the North corner of said Cot 1, BlocP 4, thence run in a Southwesterly direction atc,)nq the Northwest lira op Lot I for 25,00 Feet to the POINT OF BEGINNING of the Al"ey area W hereinafter de crib d' 'thence continue in a South't' t rty direction along the Northwesterly lare of Lot For 00 f et 03 thence rue in ca Northwesterly direction Qlonq o Plorth ester, y extension of the Southwesterly lire of Lot 2 for, 10.00 feet to ca point or~ the centerline center(Ine of paid 20M foot oll y,, thence run in a Northeasterly direction or a lime 10 00 feet � Northwesterly of the Northwest line of scat 2 for 25,00 feet to ca point or, the Niorthwesterly extension of the Nor th ea t rl lire of Lot 2j, thence run In a Southeo t rly direction along m said Northwesterly extension For 1000 Feet back to the _ POINT OF BEGINNING. Containing 50 0 rquore feet, 2 PIOIB 2 0�,dk�pb s, e,1PA111L ` °T a � 4p'p0'60' Piet J z Ylp a A- Q, DES � S The S. 4c wow 'f Lot 2. at Pa t8 ✓ �._. the' N, ✓� Q San 4F'1 i heleiY CrIY'EC t,. 3 4 Figure—9 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 9 of 13 Packet Pg. 2533 K.13.b 1 Lots 3-5: DESCRIPTIOM The Southeast 10 feet: of a 20 foot wide alley contiguous t Lets 3, 4 and 5, Block 4, REVISED AMENDED PLAT OF RIMER VILLAGE according to the pleat thereof as Recorded in Plat Book 2 at Page 80 of the Public Records of Monroe County, Florida acid being mare port cu(ar^ly described as follra COMMENCING at ca point or) the South lire of M arlrn Avenue at the North corner of said Lot 1, Black 4� thence run in a Southwesterly direction slang the Northwest line of Lots 1 and 2 for 0.00 feet to the POINT Or BEGINNING of the galley � area h r inaF ter describedi thence continue in +a Southwesterly direction catoncg the Northwesterty line of Late g, 4 and 5 for m 00 feeta thence run in a or~t:hwesterly direction along ra Northwesterly extension of the Southwesterly lire of Lot for 10.00 feet to a paint r, the centerline of salol 20.00 foot valley, thence run in a Northera terty direction on ca line 10.OD feet m Northwesterly of the Northwest (Ines of Lots , 4 and g for 75.00 feet to to paint on the Northwesterly extension of the Northreaster^ly line of Lot 3j thence run in o Southeosterty m direction atong said northwesterly extension for 1.0.00 feet — hack to the POINT PP BEGINNING. gontolning 7 0 00square feet, 2 2 C Ro'c' a e c F,CJD, < 3 \\ kRw C., �CVv �° FlA a. E c } y % �o. /v < c Q r DE The Lot q qa fY rb �' V CL eT 4- the 1 b SOL, 4 d 3 , , , , ,.E , , , , , , , , ,., , 4 Figure— 10 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 10 of 13 Packet Pg. 2534 K.13.b I This petition has been reviewed by County staff and written recommendations of no objection 2 were received from the following private utilities and County departments: 3 • Florida Keys Electric Cooperative (FKEC), email dated December 29, 2020; 4 • AT&T, letter dated August 11, 2020; 5 • Comcast, letter dated August 13, 2020; 6 • Florida Keys Aqueduct Authority (FKAA) letter dated September 1, 2020; 7 • Key Largo Wastewater Treatment District(KLWTD) letter dated January 5, 2021; 6 8 • Monroe County Fire Marshal, letter dated July 30, 2020; 9 • Monroe County Sheriff's Office, letter dated August 3, 2020; 10 • Monroe County Engineering Department, letter dated October 2, 2020; and 11 • Monroe County Code Enforcement, letter dated November 16, 2020 12 13 An easement was requested by FKEC, and has been executed by both parties and recorded in the 14 official records of Monroe County. 15 16 Monroe County Code Section 19-1 - Abandonment of rights-of-way states: 17 18 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right- 19 of-way is no longer required for public use and convenience. Any proposed abandonment o 20 must demonstrate that such action will not adversely affect public safety or convenience or 21 otherwise have a negative impact on the county system of streets or public or private utility 22 facilities. 23 = 24 The Applicants state: "Current right-of-way is not used by or for public use nor private u 25 utility facilities." Staff review of aerials and Google street View (2020) show that the 26 right-of-way remains unimproved (other than possible encroachment by some 0) 27 property owners) and show that the northeastern half of the right-of-way (from r- 28 Marlin Ave.)is even fenced and heavily vegetated,precluding public use. 29 30 As noted above,an easement is required from FKEC.The easement has been executed 31 by the owners and FKEC, and recorded. 32 W 33 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: - 34 (1) the right-of-way terminates on a body of open water; or 35 36 The platted right-of-way does not terminate on a body of open water. 37 38 (2) the right-of-way provides access to the public to land on open water; or a 39 40 The platted right-of-way does not provide access to the public to land on open 41 water. 42 43 (3) the abandonment would preclude a way for the public to maintain access to the 44 water. 45 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 11 of 13 Packet Pg. 2535 K.13.b I The abandonment would not preclude a way for the public to maintain access 2 to water. 3 4 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 5 agreement to do so by all affected property owners. For purposes of this subsection, an 6 affected property owner is the owner of property which, if the right-of-way is abandoned, 7 will: 8 (1) Have access that is currently used by that property owner eliminated; 9 10 The requested abandonment is for a portion of right-of-way which currently 11 provides "access" as a (unpermitted) driveway to Richard and Deborah 12 Riolo's property. However, the Riolo's property also has access to Dolphin 13 Road.No other property owners currenity use the right-of-way in queston for 14 access to their property. 15 > 16 (2) Have the only platted access eliminated; iR 17 18 The right-of-way in question is not the only platted access for any property. < 19 0 20 (3) Have the paved area adjacent to that property increased for turn-around purposes; 2 21 or 22 23 A turnaround is not required for this proposed abandonment. 24 25 (4) Be increased in size. 26 27 The properties of four (4) adjacent owners (the Applicants) will be increased E 28 in size by a total of 5,341.2 +/- square feet, which would be divided between 0 29 all Applicants. There is no objection to this increase by any affected property 30 owner. 31 32 (d) All Right-of-Way abandonments shall comply with the County Code and Standard 33 Engineering requirements for road, turn-around and fire-rescue access. If required for 34 safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated 0 35 turn-around area shall be shown on the submitted survey and shall be agreed to in writing 36 and constructed with payment by the property owner(s) requesting abandonment. 37 v) 38 No objections were given from Monroe County Fire Marshal, memorandum dated 39 July 30, 2020. E 40 41 No objections were given from Monroe County Engineering Services, memorandum 42 dated October 2, 2020. 43 44 No objections were given from Monroe County Code Compliance, memorandum 45 dated November 16, 2020. Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 12 of 13 Packet Pg. 2536 K.13.b 1 2 (e) A Right-of-Way may be abandoned only at the terminal portion of the road and in its 3 full width unless one of the following applies; 4 (1) An adjacent lot owner has on the platted right-of-way or within a setback a 5 substantial structure which predates the Special Session Law 59-1578 pertaining 6 to maps,plats, and right-of-way. The term "substantial structure" specifically does 7 not include wood or metal fences, sheds or tiki huts or other items not listed which 8 are accessory structures; or 9 (2) The abandonment is requested by a County department or governmental agency 10 for a public use;for purposes of this subsection public use is a public facility and/or 11 public/private utility; or 12 (3) 3. The Right-of-Way area is unusual in size or shape and after abandonment the 13 remaining Right-of-Way width will be the same on both sides of the abandonment 14 as shown in Example 1. 15 The requested abandonment is for the entire unnamed alley within Block 4, and at its 16 full width. 17 18 The requested abandonment of a portion of the right-of-way of an unnamed alley, in Block 4 of 19 the revised amended plat of Riviera Village, a subdivision in Section 01, Township 61 S, Range o 20 39E,on Key Largo,Monroe County,Florida meets the criteria cited above and is therefore suitable 21 for abandonment. 22 23 RECOMMENDATION: 24 Staff recommends approval of the requested right-of-way abandonment. u v? 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J I O m a J W a I ¢ QQ4s 1 tom' ,57 I I ¢I trq to30®-1a Ia tr A0 ❑ 0 H 1 ;2 I I 9 S T I a 1 ❑ 1 � 1 J o I I b 5 ❑ 1 fl I tr } ❑ ❑ II 1 El I sold.sz ne.s7 2 I 1 ❑ 1 S 1 0 R K.13.d i sae` BOARD OF COUNTY IL'ounty of MonroeCOMMISSIONERS r The Florida Keys Mayor Heather Carruthers,District 3 �� � r � Ma Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 Division of Emergency Services e Fire Rescue Department 49063 d Street,Ocean Marathon,FL 33050 Phone: 305-289-6004 Fax: 305-289-6336 � July 30, 2020 Attn: Deborah Riolo 4 Dolphin Road Key Largo, FI. 33037 — Re: Petition for road abandonment of alley between Dolphin Rd. and Marlin Ave. c The Monroe County Fire Marshal's Office has been requested to coordinate with the petitioner for ' abandonment of the road/alley adjoining the following parcels: 00511220-000100 00511220-000101 00511220-000000 00511250-000000 00511740-000000 00511270-000000 We propose no objection to the petition. Abandonment of the area in question does not inhibit the access of emergency vehicles to the properties listed. Cassaundra Cane Deputy Fire Marshal Monroe County Fire Rescue Cc: James K. Callahan, Fire Chief R.L. Colina, Chief Fire Marshal File Packet Pg. 2545 K.13.d Engineering Department MEMORANDUM `° `:g To: Janene Sclafani, Transportation Planner Ilze Aguila, Sr. Planning Commission Coordinator From: Judy Clarke, Director of Engineering Services Date: October 2, 2020 Re: 2020-146 Abandonment of Alley between Dolphin Rd and Marlin Ave, Key Largo I have reviewed the proposed abandonment application and survey and have no objection to the c proposed abandonment. If you should have any questions or need any additional information please contact me. Thank you. r- 0 c Packet Pg. 2546 K.13.d County of Monroe Code Compliance Code Compliance Department .(� `+; ®ar of scanty n ssioners 2798 Overseas Highway Mayor Heather Carruthers,District 3 � Marathon.Florida 33050 ti� (; Mayor Pro Tern George Neugent District 2 � Voice:(305)289-2810 T � t �`' Danny Kohlage District, FAX: (305)289-2 58 ��t � David Rice,District.4 Syl is J.Murphy,District 5 > We strive to be car°irz k professiirrral,and fair. lIze Aguila, Sr. Planning Commissionr i r Cynthia c r , Sr. Director Code Compliance November 16, 2020 File 2020-146 Richardr i I , Jason & MicelleI Jorge Barrios Starkey LLC site inspection es right of waV/propertys conducted v r , 2020 byy . Inspector Lisetteui . No violations were found. li c objections road abandonment. If you have questions, please feel free to contact me. Packet Pg. 2547 fit „ U iy g AA As Y1 Ya f� CD ti C i tl � s v/ G7 ol � �- E r � Ch EASEMENT BETWEEN r- w NO VIOLATIONS FOUND PHOTOS TAKEN BY SR INSPECTOR L CUTIE tJ ® E U Packet Pg. 2548 r t 4'11���4f'It; t ,!� 4� �n r it I '� 1 M{`�i„�✓ �� �3$} _ �oU��., _ �' tt� x tt a tag` P, , t Gi Ax cu i , 1 t } se IP �c tE Y t � 5 t y , t} r 7 a t 1f E F }� EASEMENT/ALLEY BETWEEN < 00511220000000/00511220000100/00511220000101 NO t€rta tyli `t� Yl 4ik, U VIOLATIONS PHOTOS TAKEN BY SR INSPECTOR L CUTIEPacket Pg. 2549 MONROE . � � , n AV% K.13.d s"t A st 3, 202 0, To ml Deb 10 l' am in Welpt,old u r"zest.f .r W 1y on eat in K Y ), Fib have personally exonimedthe Jocation, 1 tion, Baud on that, Dburvation, wtd the (num t.ion po-IVidW flic abancklum. t 11or the 411y `s cent to Pantis 0 05 112206(,)00,11 00 , su Divisiun; i .wom Village, Bey Lwipol thm, shoWd bc, no � v e e ,L t the ormra.dons of the Sh m,fro officc Based on thim, the S!ham,11"'s offl, h , oh tion : Should yoOtt hot n, questions picame dog rwi h 1 .t: a o t pt ttjr� 1' 1 " (','Opt Don Fanelli, 50 111t ;, Suite 100 3,05-853-3211 CL 110It FILL), S t : I() Y' � Wit '���� 'k „ " ' Packet Pg. 2550 K.13.e AaI 110-161ii � c Key Large Wastewater Treatment District 103355 Overseas Highway Key Large, FL 33037 Prone(305)451-4019 •www.klwtd.co€n January S, 2021 Deborah Riolo m 4 Dolphin Road Key Largo, FL33037 Re: Letter of No Objection to Abandonment of the Alley Right-of-way between Dolphin Road and Marlin Avenue R y p Dear Mrs. Deborah Riolo, m Please consider this communication a Letter of No Objection from the Key Largo Wastewater Treatment c District("KLWTD")to the abandonment of the alley, between Dolphin Road and Marlin Avenue located in the RIVERA VILLAGE REV & AMD subdivision in Key Largo, Florida as shown on the attached Sketch and CD Survey. Very truly yours, C 0 By: f Nicholas W. Mulick, Esq., KLWTD General Counsel c� g I Packet Pg. 2551 K.13.e ",, is `' Monroe County, FL Abandonment of Alley BETWEEN DOLPHIN RD&MARLIN AVE Overview own AA o Y LM P111 . F ! 4tp' Legend Centerline Easements Hooks i ukrI Lot Lines 1v ,kg tit i,v S ,fit} '-- i Road Center ,�. t i ,. Rights Ot'Way 2 }.. Shoreline C1' I Condo wilding 0�u KeyNames Subdivisions Parcels (� Up) WT @ �,, w ' 7�t `tclt �; 14, t Rb ft �. t R �� s �1� S e.'ku. �F„ 4J ifs r W Date crey3ed:12.`9r20210 t8 Last Dtta Uploaded.12/9:/2020 2;28:54 AM ¢ Developed lay Schneider- Packet Pg. 2552 FC73.e Ricky Costa AT&T T: 305.929.2412 at&t Area Manager 600 NW 79t"Av 3C-094 RC4820 us.att.com Engineering and Construction Mama, FL 33126 August 11, 2020 Deb Riol 4 Dolphin Rd Key Largo, FL 3303 Dear Ms. Riel , AT&T has no objection to the release of right of gray of the alley between Marlin Ave and Dolphin Rd. in Ivey Largo, FL as depicted in the Massey-Richards survey dated 7/15/2 2 . The alley is adjacent to parcels 0051122 -00 10 , 00511220-000101, 21 00511220-000000, 05112 0-00000 , 00511740-0000,00 and 511270- 0, in Y Riviera Village Sub-Division. Please contact Jim Yeager at 305-453-9864 for any further assistance. A d Q Sincerely, o E C Ricky Costa Area Mgr. Engineering SE Network Operations & South Florida District J File Large Sound DAD 110902 w E r U Q Packet Pg:.2553 K.13.e Ak COMCAST eat 14P Ave Miramar, F) 3-3027 *e '3EI — 4 Dolphin a ° Larg*w f E,- Comeast Lefter of .,apt Objvcdon Way M: Property Owner( Rich Riolo Dear Mr. Riolo ' In review-uig yourraR -9 ref. ) e w n Coin c t. 6 no oNcredon lu the „ tkandonvni of this sul') ect alley way.. Rised an ivviewing die " thea t N W'I",, Co e t, -has na faciRiles iii thu afilon � k s 00, 4\ S�It ASS U a `rs4iS\ i Wl\\d 4.' wAi E Packet Pg. 2554 K.13.e fi 19 v i f i t w M 4� 'ire P' 1 � v 'Al 1 I � r hrE ild yo:u have, arty further question, Ie�w : feel 1"r" e 10 c�tt11 nv, aL 1-754-2 1 12 54 or e- niai1 a1, 19F4Cn „ , Digitally signed by Leonard NewboldLeonard Maxwell,- Maxwell-Newbo ale, 20 1! 1 _, , , Permit Surwrviswir,;" Cenlral I i °ision _ File Key ..a ga, Draw 4.0 Packet Pg. 2555 K.13.e s� ,�� J.Robert Dean Florida Keys Chairman ° District 3 Aqueduct Authority Richard J.Toppir 1100 Kennedy Drive Vice-Chairman District 2 Key West,Florida 33040 _f� J Telephone(305)296-2454 y1/% David C. Ritz www fkaa coo Secretary/Treasu c3 District 5 Antoinette M.Apr District 4 Cara Higgins District 1 Kirk C.Zuelch Executive Directo os September 1, 2020 0 Deb Riolo 4 Dolphin Road Key Largo, Florida 33037 0 RE: Abandonment of 20 foot wide Alley 2 A portion of Dolphin Road, according to the Plat thereof, as recorded in Plat Book 2, at Page 80 of the Public Records of Monroe County, Florida Dear Ms. Riolo: o 0 The FKAA Board of Directors has no objection to your abandonment request. The abandonment of a 20 foot wide alley area bounded by the North right of way line of Dolphin Road, the south right of way line of a Marlin Avenue along with Lots 1 thru 9 and Lot 57, Block 4, as shown on the Revised Amended Plat of r_ Riviera Village, according to the Plat thereof, as recorded in Plat Book 2, at Page 80 of the Public Records of Monroe County, Florida was approved at the August, 26th 2020 meeting. The FKAA has no facilities located within area of requested abandonment. Should you have any questions or require any further information please feel free to call me. 0 Sincerely, FloridaKeys Aqueduct Authority Marnie L. Walterson Utility Design Supervisor CC Bob Feldman, General Counsel Jolynn Reynolds, Manager of Engineering Peter Gomez, Manager of Pipeline Operations Janene Sclafani-Monroe County Building Department-S clafani-Janene@MonroeCounty-FL.Gov Packet Pg. 2556 K.13.e Sclafani-Janene From: Josh Ellsworth <josh.ellsworth@fkec.com> Sent: Tuesday, December 29, 2020 7:21 AM To: Cioffari-Cheryl Cc: Sclafani-Janene Subject: RE: Proposed abandonment of unnamed Alley in Key Largo CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or open attachments you were not expecting. 0 Cheryl, You are correct,we have no objections. We have signed easement documents from each respective homeowner that will cover our preexisting service lines. Thanks, Josh Ellsworth Staking Technician II , p Florida Keys Electric Cooperative, Inc. 91630 Overseas Hwy I Tavernier, FL 33070 (305) 852-2431 • (800) 858-8845 • www.FKEC.com Rease consider the environment before printing this e-maii 0 From: Cioffari-Cheryl [mailto:Cioffari-Cheryl@MonroeCounty-FL.Gov] Sent:Tuesday, December 22, 2020 3:01 PM ¢, To:Josh Ellsworth <josh.ellsworth@fkec.com> Cc: Sclafani-Janene<Sclafani-Janene@MonroeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov> Subject: Proposed abandonment of unnamed Alley in Key Largo This is an EXTERNAL email. Exercise caution. DO NOT open attachments or click links from unknown senders or unexpected email. Hi Josh, I hope this email finds you well. I am working with my colleague Janene on a proposed right-of-way abandonment and we have a couple of follow-up questions. We have some emails indicating that there are existing electrical services that need to be relocated (emails with Deb Riolo) attached.There is a follow up letter to Jason Koons indicating that FKEC does not object(see attached). And finally,there is a survey that shows FKEC overhead lines. This has led to some confusion on our end, and we want to make sure that we are properly coordinating with FKEC for any abandonments and any proposed easements. Does FKEC have no objection the complete abandonment of the unnamed alley circled in red: 1 Packet Pg. 2557 K.13.e 0 K 3 F A _� 7 A "1 0 r r Al kj f `PAS -W eC�.. t .4 F I'm available at 305-407-0924 to discuss. Thanks, Cheryl r- 0 Cheryl Goffari,AICP Monroe County Planning& Environmental Resources Dept. 3f 5- 07-C 924 � vvvvvv. canroecoanty-fl.�ov 2 Packet Pg. 2558 K.13.f Doe#2288004 Bk#3052 Pg#1848 Recorded 10/26/2020 at 1:23 PM Pages 4 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK REC:$35.50 Deed Doc Stamp$0.70 This document was prepared by: Brittany Holley, Operations Assistant Florida Keys Electric Cooperative 91630 Overseas Hwy; P. 0. Box 0377 _ Tavemier, FL 33070-0377 O Tax Parcel No: 00511270-000000 O AK: 1630586 SPACE FOR RECORDING AREA " � DISTRiBUTION RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned grantors, (whether one or more) PROPERTY OWNER(: JASON KOOK,MICHELLE KOON,AND GERALD GRIGNON O MAILING ADDRESS: 9 N MARLIN AVENUE,KEY LARGO,FL 33037 LEGAL DESCRIPTEON OF PROPERTY: BK 4 LT 9 REVISED AMENDED PLAT OF RIVIERA VILLAGE PB2-80 KEY LARGO OR198- 115116 OR369-285/86 ORS92-588 ORSIO-1687 OR966-16590fT OR990-893 OR1068-1217 OR1186-1461 OR1634-2286 OR2152-861TIC OR2342-1543/45 OR2713-2122C1T OR2761-22-32139 OR2880-1077178 in consideration of one dollar and other good and vaivab€a considerations, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to Florida Keys Electric Cooperative Association, inc., of P.O. Box 377, Tavernier, Florida 33070-0377, hereinafter called the "Cooperative" its successors and assigns, a perpetual Electric Utility Easement, over, under, upon and across the lands and real property situate, lying and being in the County of Monroe, State of Florida, more particularly described as follows: , AN EASEMENT ON SAID DESCRIBED PROPERTY: O O "SEE EXHIBIT A" O O also a perpetual easement over, under, upon and across all streets, alleys, easements and rights of way in any subd€v€s€on or recorded plat, which subdivision or recorded plat Includes the said property described herein. And the right to construct, operate and maintain an electric distribution line, system or other services unrelated to supplying electricity, on or under the above described lands; the right to inspect and make such repairs, changes, alterations, W improvements, and additions to its facilities as the Cooperative may from time to time deem advisable including, by m way of example, and not by the way of limitation, the right to increase or decrease the number of conduits, poles, wires, cables, hand holes,transformers, and transformer enclosures;the right to cut,trim and control the growth by 0 r chemical means, machinery or otherwise of trees and shrubbery that may interfere with or threaten or endanger the operation and maintenance of said line or system;the right to keep the easement clear of all buildings, structures or other obstructions except citrus trees and low-growing shrubbery that do not otherwise interfere with Cooperative's use of the right of way easement; the right to license, permit, or otherwise agree to the joint use or occupancy of the easement, system, or, if any of said system is placed underground, of the trench or related underground facilities y by any other utility, person, association, or corporation; and the right to enter upon, cross and use other lands of the co Grantors to provide access to the easements granted herein. The undersigned agree that all poles,wire,and other facilities including any main service entrance equipment,installed,, in, upon or under the above described lands at the Cooperative's expense, shall remain the property of the Cooperative, removable at the option of the Cooperative. The undersigned covenant that they are the owners of the above described lands. Grantors agree that this right-of-way easement shall run with the land, and that any abandonment of the use of the easement, or interruption in the use of the right-of-way easement, shall not terminate or impair the interests hereby conveyed to the Cooperative. Page x of 3 Packet Pg. 2559 K.13.f L m L a� Q � N egg N O Fj 0 d) O a ,$ m C d � '0 C1 h U C CL Z 6 y W fl. ill .j,�iN,00 as 0 N 41 Cn 'CO cc U f6+....LL co C7 co V3 O- J ui LL O p O O E N o. co t8 y \A w _1 O It Oy N D cv �7 r 4_ a� Z LU O N Z d 0 m v X 2 Q D N p L7 o CD ,c ro r .r CJ U7 uU f 7 CC ? 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