Item N2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
May 16, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval to advertise public hearing on petition to abandon a portion of Old State Road 4A,
Marathon Beach Subdivision.
ITEM BACKGROUND:
In 1997, property owner petitioned County for road abandonment in area where concrete
wall and other items encroach into right-of-way which was transferred to County in 1990.
Property owner, at that time requested two disconnected portions of road to be abandoned
and the Planning Department recommended approval of only one portion. Property owner's
counsel was requested to address this by deleting the other section from the request.
Property owner contacted County officials and staff in April, 2001, to complete the process
re the parcel recommended for abandonment.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Adoption of Resolution setting public hearing for 3:00 PM on June 20, 2001 in Marathon.
Approval subject to Bicycle Path Easement, along currently existing centerline of right-of-
way.
TOTAL COST:
Petitioner pays
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL: ~~ ~
~ICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
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Petitioner Richard Elgersma
RESOLUTION NO.
- 2001
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF
OLD STATE ROAD 4A. VACA CUT. MARATHON. 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 June 20, 2001, at 3:00 PM at the
Marathon Government Center, 2798 Overseas Highway, Marathon, 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:
A PART OF OLD STATE HIGHWAY 4A, BLOCK 4 OF MARATHON BEACH
SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE 16 OF THE PUBUC RECORDS
OF MONROE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3, BLOCK 4, BEAR SOUTH
16010'36" ALONG THE PROLONGATION OF THE EAST UNE OF LOT 3, FOR A
DISTANCE OF 33.72 FEET, TO A POINT, SAID POINT BEING THE INTERSECTION
WITH THE CENTER UNE OF OLD STATE HIGHWAY 4A, SAID POINT ALSO BEING
ON A CURVE; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CIRCULAR
CURVE, HAVING A RADIUS OF 818.51 FEET, THROUGH A CENTRAL ANGLE OF
7015'59", FOR AN ARC DISTANCE OF 103.81 FEET TO A POINT, SAID POINT
BEING A PROLONGATION OF THE WEST UNE OF LOT 3; THENCE BEAR NORTH
16010'36" FOR A DISTANCE OF 34.98 FEET, SAID POINT BEING THE SOUTHWEST
CORNER OF LOT 3, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY
UNE FOR OLD STATE HIGHWAY 4A, SAID POINT BEING ON A CURVE; THENCE
BEAR NORTHEASTERLY ALONG THE ARC OF SAID CIRCULAR CURVE, HAVING A
RADIUS OF 785.51 FEET, THROUGH A CENTRAL ANGLE OF 7035'49", FOR AN ARC
DISTANCE OF 104.15 FEET; TO THE POINT OF BEGINNING.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board on the 16th day of May, 2001.
Mayor George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONf,S~
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
APPROVED AS TO FORM
.~~~
~ANNE..A ON
""'''Tf' C)/,'} 'ci!rv
Mayor/Chairperson
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ROAD ABANDONMENT PETITION
DATE
7!3i
J.<"'.-'-:
NAME
Ri~h~rn Elger~ma. Jr.
ADDRESS
3600 Oversea~ Highway, Marathon, FL 33050
STREET/EASEMENT/ETC. ff1fJ.-.CfL fJ ON}'" L(
(to be abandoned) The northerl 1/2 of Old State Road 4A, in Vaca Key, Marathon located
between 37 and 39th Street as more part1cu ar y escr1 ed in the survey
We hereby ap~f1"fi~'nd tg~reJ3norable Board of County Commissioners to
renounce and disclaim any right of the County and the public in and to the
street. alleyway, road or highway as described in the following attachments:
(Exhibit A) Survey
Description of roadway to be abandoned and survey showing that portion
marked with diagonal lines with petitioners' property clearly delineated and
outlined, and showing all adjacent properties.
(Exhibit B) Map of island/key on which road is located, clearly showing US 1, Mile
Harker number and portion of road to be abandoned.
(Exhibit C) Copies of deed(s)
Petitioners certify that they are the s'ole owners of Lot(s)3, Block 4, Marathon Be~ch Subdivision
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 ~ taxes on
their subject land have been paid. ~ Y!l5jo'l/o1
(Exhibit D) legal description of that portion of roadway which petitioners seek
to have abandoned. See parcel A on attached survey
(Exhibits E-l, E-2, E-3, E-4) - letters of no objection from utility companies _
including, but not limited to, water, electricity, telephone, cable TV.
(Exhibit F) - letters of no objection from all adjacent property owners and
list of names and addresses of all adjacent property owners.
,
Petitioners seek the abandonment for the following reasons:
The business located on the property is the Overseas Motel which has been
in existence and used Old State Road 4A for over 40 years. The Applicant uses
the property for its on!y access to U.S. #1. The Applicant has signs and
entrance walls on the property and has maintained it as a part of the motel
for over 40 years.
J of 2
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Petitioners agree to be responsible for and pay for all costs of advertising and
recording fees incurred relative to this request for the vacation.
Petitioners further agree to grant any easement necessary for the furnishing of
utilities, including without limitation. electric power, water, sewer. telephone, gas,
cable and other electric communication services to the same extent as is
common within this area as to height, width and degree. upon request for such
service or by the Board of County Commissioners through its authorized agents. If
easements are so required, copies of the executed documents will be provided
to the County before the petition is presented to the SOCC.
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 fo construction or maintenance by County).
WHEREFORE, Petitioners formally requests the Honorable Board of County
Commissioner; to grant this petition. ~ . 7 77:~
PE~ ~.~L
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Is personally known to me.
Provided as identification
Sworn to and subscribed before me thi~ day of ~, 199'1
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Typed Notary Name and Number
PETITIONER
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Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
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- EXHIBIT A
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AND fI'AT TltE SURVEY MEETS TltE MIHMUM lEC...ICAl STANOAROS SET FORTH BY T"E FI.ORIDA BOAR~ t
PROfFSSIONAL LAIIO SURvEYORS IN C"APTlR 61G17-6. fLORIDA ADMIN'STRATIVE COO{. ~SUAN' TO Stc
27. AND TH.'\T TH[ SKETCH HfREON 1$ A TRU[ AN[l ACCURATE HF.PRfSENTATlON THEREOf. 10 Trlf f;
KNOWLfOGl A~ !,rllfE. SlJRJfCT TO NUTES ANO NOTATIONS SHOWN HEREON AND THE fIELD NC"f
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908692
~ff r 3 6 8 PAGE 2 0 7 4
THIS DOCUMENT PREPARED BY:
THOMAS J. DOUDEll, III, Esquire
Post Office Box 522376
Marathon Shores, Fl 33052-2376
(11300 Overseas Highway, Marathon,
Fl)
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KNOW ALL MEN BY THESE PRESENTS, that RICHARD ELGERSMA, JR., as
Personal Representative of the Estate of DENNIS ELGERSMA, of Monroe County,
State of Florida, party of the first part, in consideration of the sum of TEN
and 00/100 dollars, and other valuable considerations to him in hand paid by
RICHARD ELGERSMA, JR., as TRUSTEE, of the County of Monroe, State of Florida,
par~y of the second ~ar.t; at or he fore the ensealjng and delivery of these
presents, the receipt whereof is hereby acknowledged, has granted, bargained,
sold, assigned, transferred and set over, and by these presents does grant,
bargain, sell, assign, transfer and set over unto the said party of the second
part, his heirs and assigns, forever, a certain Agreement for Deed bearing
date the 3rd day of January, 1983, made by RICHARD ELGERSMA and ROSALYND
ELGERSMA, his wife, to DENNIS ELGERSMA and LOIS ELGERSMA, his wife.
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ASSIGNMENT OF AGREEMENT FOR DEED
A portion of the consideration of this assignment being that the
party of the second part herein assumes all the obligations and agrees to pay
all the payments described in said Agreement for Deed now due or to become
due, together with all interest specified in said Agreement for Deed.
And upon the performance of all the terms and conditions and the
completion of all payments as set forth in said Agreement for Deed by the said
party of the second part, his heirs or assigns, the party of the first part
does hereby authorize the said RICHARD ELGERSMA and ROSALYND ELGERSMA, his
wife. to make. execute and deliver a good and sufficient deed to the property
hereinabove described, in like manner as though the original Agreement for
Deed had been made and executed by the said RICHARD ELGERSMA and ROSALYND
ELGERSMA. his wife, with the said party of the second part, instead of with
DENNIS ELGERSMA and LOIS ELGERSMA. his wife.
To Have and to Hold the same unto the said party of the
second part, his heirs and assigns forever.
In Wi tness Whereof, the said party of the first part has
hereunto set his hand and seal this ~~day of July, A.,D. 1995.
eL/~~~)
RICHARD ELGERSMA. J~<: Pers. Repr.sentative
of the Estate of DENNIS ELGERSMA
-~~
..
- EXHIBIT C
~
908692
nfF , 368 PAGE2 0 15
atc
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We, RICHARD ELGERSMA and ROSALYND ELGERSMA, his wife, the legal
owners and contract vendors of the property described in the aforesaid
Agreement for Deed, do hereby consent to the above assignment, acknowledge
that all payments are current, and the contract terms are in full force and
effect.
~~~
RICHARD ELGERSMA
~~L8qJ2144~
ROSALYND EfJERSMA U
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this ~/ day
of July, 1995, by RICHARD ELGERSMA, JR., as Personal Representative of the
Estate of DENNIS ELGERSMA, said RICHARD ELGERSMA, JR., being personally known
to me or who has produced his Florida Driver's License as identification.
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LEGAL DESCRIPTION
A PART OF OLD STATE HIGHWAY 4A, BLOCK 4 OF MARATHON
BEACH SUBDIVISION AS RECORDED IN PLAT BOOK 2, PAGE
16 OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 3, BLOCK
4, BEAR SOUTH 16010'36" ALONG THE PROLONGATION OF
THE EAST LINE OF LOT 3, FOR A DISTANCE OF 33.72 FEET, TO
A POINT, SAID POINT BEING THE INTERSECTION WITH THE
CENTER LINE OF OLD STATE HIGHWAY 4A, SAID POINT ALSO
BEING ON A CURVE; THENCE RUN SOUTHWESTERLY ALONG
THE ARC OF SAID CIRCULAR CURVE, HAVING A RADIUS OF
818.51 FEET, THROUGH A CENTRAL ANGLE OF 7015'59", FOR
AN ARC DISTANCE OF 103.81 FEET TO A POINT, SAID POINT
BEING A PROLONGATION OF THE WEST LINE OF LOT 3;
THENCE BEAR NORTH 16010'36" FOR A DISTANCE OF 34.98
FEET, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 3,
SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY
LINE FOR OLD STATE HIGHWAY 4A, SAID POINT BEING ON A
CURVE; THENCE BEAR NORTHEASTERLY ALONG THE ARC OF
SAID CIRCULAR CURVE, HAVING A RADIUS OF 785.51 FEET,
THROUGH A CENTRAL ANGLE OF 7035'49", FOR AN ARC
DISTANCE OF 104.15 FEET; TO THE POINT OF BEGINNING.
EXHIBIT D
~ve're taking television
into tomorrO\~:
E4~ TCI Cablevision of Florida. Inc.
July 18, 1997
Franklin D. Greenman, P.A.
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, Florida
33050
RE: Proposed Road Abandonment, File No. 96-133
Dear Mr. Greenman:
TCI CABLEVISION OF FLORIDA, INC. has no objection with this road abandonment.
If you have any questions concerning this please feel free to contact me
at 296-8038.
Sincerely,
TCI CABL
Rodney Weech, echnical Operations Manager
-
- EXHIBIT E
1700 North Roosevelt Boulevard
Key West. Florida 33040,7255
(305) 2966572
FAX (305) 2969620
An Equal Opportunity Emplover
@ 8&USOUTH
s........ T<I6ec......lli....l...K. 30!) 2U.8220
9101 S.W 24 Street
Miami. Ronda 33165
s... H. V. ......
Ma~lger - OSPE: Canst
March 24,1997
File# :Z40.0920
Richard Elgersma, Jr.
c/o Greenman & Man~ P.A.
Gulfside Village, Suite 40
5BOO Overseas Highway
Marathon, FL 33050
Re: Right of Way abandonment of a portion of Old State Road 5 ~n
the front of 3600 Overseas Highway, Marathon, FL.
Dear Sirs,
Bellsouth has no objection to the right of way abandonment as
described above. If any additional future telecommunications
requirements are needed for the property Bellsouth will need a
conduit placed per Bellsouth design or an appropriate easement.
It you have any futher questions please call me at 305-451-3266.
Sincerely,
~ea~~
Specialist
; ,~>,,-tr l .>Y'::'. ~'."
,\
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J. Robert Dean, Chairman
j1 Key West
Florida Keys
~~~~dUct Authori. ty ~I
Key West, Florida 33041-1239 ~~,.." ~
Telephone (305) 296-2454 ~ "\)
~~ ~6'..
cerO
~
.
Thomas R. McDonald
Vice-Chairman
Ta~rnler
.
Kermit H. Lewin
Secretary- TiMaurer
Key West
Fred Shaw
Summerland
Mary L. Rice
Marathon
February 7, 1997
John T. Doughtry
Executive Director
Franklin D. Greenman, P.A.
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
RE: Abandonment - A section of road in front of Lots 1 & 2, Block 4
Marathon Beach, Marathon, FL
Dear Mr. Greenman:
The FKAA Board of Directors approved at the January 30, 1997 meeting, the above referenced
project.
Pursuant to your request for the roadway abandonment of the above-reference property,
Staff has researched your request and have no objection to the abandonment of this section of
roadway since there are no current or planned FAA facilities within the rigbt-ofway.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
F=o- :;2-~/.
Edgar F. Nicolle, Jr.
Sr. Engineering Technician
EFN/cma
cc: Bob Feldman, General Counsel
Calvin Howe, Director of Maintenance Dept.
Jim Reynolds, Director of Engineering Dept.
Monroe County Building Department
C:\MyFiles\WPDAT A\DAT A\ABANOONM. WPD
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FLORIDA KEYS ELECTRIC COOPERATIVE
ASSOCIATION, INC. - FKEC
91605 OVERSEAS HIGHWAY P.O. BOX 700377, TAVERNIER, FL 33070,0377 PHONE (305) 852.2431 FAX: (305) 852.4794
24 March 1997
Mr. Franklin D. Greenman, Attorney
Gulfside Village
Suite 40
5800 Overseas Highway
Marathon, FL 33050
RE: Right-of-Way Abandonment of Parcels A & 8 - Old State Road 4A
Client: Overseas Motel - Richard Elgersma, Jr.
Dear Mr. Greenman:
Florida Keys Electric Cooperative has no objection to the abandonment of the above
Right-of-Way, however we do require that you provide FKEC with a certified survey
which would include an easement of the existing Right-of-Way of Parcel A and
Parcel B. Please include the exact legal description for each parcel. When we
receive all of the above, we will send you the Easement form to sign and notarize
so that we can have it recorded with the Clerk's Office in Key West. Once this is
finalized we can proceed with the abandonment which you have requested. Thank
you.
Sincerely,
~~~~
Jon B. Dye
Staking Technician
JBO:rm
Ene!.
pc: J.Bureh
C.Russell
File
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p.e
April 27, 2001
Monroe County Planning Department
Marathon, FL 33050
RE: Elgersma Petition for Ruad Abandonment
Dear Sir or Madam:
My name is Joseph Ardolino and I am the owner of the property known as the Overseas
Ludge, adjacent to Mr. Elgerma's property. The legal description of my property is attached to
this letter. This letter is to advise you that I have no objection to the proposed road abandonment
as described in the above referenced petition, and as I previously stated on May 20 and June 3,
1997.
Should you need further information, please do not hesitate to call.
Sincerely,
Cvv ! {2jL
seph Arz'
EXHIBIT F
r. I
MEMORANDUM
FROM:
Suzanne Hutton
Asst. County Attorney
David S. Koppel ).NO
County Engineer W
TO:
DATE:
May 7, 2001
RE:
Elgersma Request for Road Abandonment
Old 4A, Marathon
We understand that the petitioner's application now includes the entire width of the right-
of-way, which is good. And although it does not include the whole length ofroad, the
application was initially submitted prior to the ordinance that prohibits partial road
abandonments. Therefore, there is only one outstanding issue that remains. Pedestrian
and bicycle access is a problem in this area. Along US1, vehicles are parking in the
right-of-way which makes it difficult for bicycles and pedestrians. A long-term solution
is required. The solution may include utilizing some portion of the Old 4A right-of-way.
Until a solution is detenllined, we should preserve a portion of Old 4A. We can
accomplish this by receiving an easement back from the petitioner for said purpose. The
width of the easement should be sufficient to accommodate j oint use (bicycles and
pedestrians) along with signage. Pavement widths for joint use vary from 8 to 14 feet.
Using pavement width of 8 feet plus 4 feet on each side for signage yields an easement
16 feet in width.
Please feel free to call me if you have any questions.
DSK/jl
ElgersmaRdAbandSHutton.DOC
O.'!~y ~o~~~E
(305) 294-4641
(~.-...---. BOARD OF COUNTY COMMISSIONERS
MAYOR Keith Douglass, District 4
Shirley Freeman, District 3
Jack London, District 2
Wilhelmina Harvey, District I
Mary Kay Reich, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63'd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-60 13 FAX
.
INTEROFFICE MEMORANDUM
DATE:
August 5, 1997
Suzanne A. Hutton, ASZEistan ,.~:;J Attorney
Joe London, Fire Marsh (tS
PROPOSED ROAD A ENT INSPECTION:
Elgersma Rd., aka Old State Rd. 4A,Marathon Beach Subd., Elgersma, Richard, Jr.
TO:
FROM:
SUBJECT:
An inspection of Parcel "A", aka a portion of Old State Road 4A, (located at the entrance to the Overseas Motel),
referred to as Elgersma Rd., was conducted August 5, 1997.
The Fire Marshal's Office has no objection to the proposed road abandonment at that location provided the Overseas
Motel maintains a minimum 20 ft. fIre department access onto the property from US 1.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: WilIiam A. Wagner, III, Deputy Fire Marshal
i/IP19?
ElgersmaRd.Mara/mw7.0
MEMORANDUM
TO
Suzanne A. Hutton, Asst. County Attorney
Timothy J. McGarry, Director of Plannin~
THROUGH:
FROM
Barbara A. Bacon, Planning Technician ~
DATE
5 September 1997
Old State Road 4A between 37th and 39th Streets,
Key Vaca - Request for Road Abandonment
RE
Franklin D. Greenman, P .A. acting as the agent for Mr. Richard
Elgersma, Jr., property owner of the Overseas Motel located on
Lot 3 and a portion of Lot 4, Block 4, Marathon Beach Subdivision
on Vaca Key has petitioned the Board of County Commissioners to
abandon two parcels of Old State Road 4A. Parcel "A" is approxi-
mately 103' by 34' and abuts Lot 3 Block 4 of Marathon Beach
Subdivision. Parcel "B" is approximately 33' by 76' and abuts the
northeasterly portion.of Lot 11 Block 4 of Marathon Beach Subdivi-
sion.
The Overseas Motel has been in business at this location for over
40 years. As the owner of The Overseas Motel, the petitioner
seeks abandonment of Parcel "A" because; historically, this por-
tion of Old State Route 4A has been used as the only access to
Route 1. Additionally, signs and entrance walls exist on Parcel
"A" and have been maintained by the subject business.
Parcel "B" is located adjacent to a portion of Lot II, and is
also owned by Mr. Elgersma. The applicant has an decorative
brick wall with a sign on the property and has maintained it, as
a part of the motel, for over 40 years.
Staff Review
A review of our records and an on site inspection of this section
of Old State Route 4A revealed the following:
1. Marathon Beach Subdivision is zoned primarily Mixed Use
(MU) The Future Land Use designation is Mixed Use Commercial.
Parcel "A" of the abandonment petition is located adjacent to Lot
3 of Marathon Beach Subdivision. There are two concrete block
walls with signage indicating the motel entrance, a portion of a
wood frame sign, and clipped hedges on this parcel of land.
Parcel "B" of the abandonment petition is a section of Old State
Road 4A which is located adj acent to approximately one half of
the north easterly portion of Lot 11. The survey submitted with
this petition indicates that a portion of an brick wall extends
approximately 6.5 feet into the area requested for abandonment.
The remaining 26.5 feet of this area is striped as parking spaces
for the adjacent restaurant, Joe's Lobster House.
2. Approximately one third of Parcel "A" is paved where it
serves as the entrance to the Overseas Motel. The remaining
portion of this parcel has been incorporated into Lot 3 as noted
above with entrance walls and landscaping. The area to the west
of Parcel "A" has been absorbed into the adjacent property and
does not serve as an access route.
Parcel "B" is primarily asphalt paving with the exception of the
brick wall. Currently, it provides access and parking for the
adjacent restaurant. The area to the east of Parcel "B" is 37th
Street, to the north and west of the parcel is the area used as
parking. Lot 11 is south of the parcel.
3. There is one letter of "no objection" from the adjacent prop-
erty owner who owns one half of Lot 4, Lot 9, and Lot 10, Block
4, Marathon Beach Subdivision. These properties are adjacent to
Parcel "A".
However, Lots 1 and 2, Block 4, Marathon Beach Subdivision would
be impacted by the abandonment of Parcel "B" and there is no
information from this property owner included in the petition.
It is important to note the restaurant located on Lots 1 and 2
does not have adequate parking. Safety problems could occur if
the restaurant is denied the use of this area for parking.
4. The applicant has received letters of concurrency from TCI
Cablevision and Florida Keys Aqueduct Authority. Bell South and
Florida Keys Electric Cooperative have requested easements. The
Fire Marshall has not commented on this petition.
5. The road proposed for abandonment does
body of water; therefore, shoreline access
this petition.
not terminate on a
is not an issue in
Policy and Code Standards
Chapter 16, Section 1 of the Monroe County Code, states:
(a) No dedicated and accepted right-of-way in the county can
be abandoned where the right-of-way terminates on a body of
water.
(b) In all other cases of abandonment, no right-of-way can
be abandoned unless there is agreement to do so by all proper-
ty owners on both sides of the right-of-way.
(c) The county commission considers these a restriction on
the rights of individuals who desire to abandon properties in
accordance with Florida Statutes section 336.09.
Conclusion and Recommendation
RAELGERS/TXTDR 09/08/97
1. Parcel "A": Staff recommends APPROVAL of the request for
road abandonment for Parcel "A" based on the following:
a. The proposed abandonment of Parcel
serves the applicant. Therefore the
meets the requirements as outlined in
Section 16-1.
"A" of Old State Road 4A
request for abandonment
the Monroe County Code
b. This request is consistent with Goal 213 of the Monroe County
2010 Comprehensive Plan as the road abandonment does not termi-
nate on an body of water.
c. Based on the application, the applicant has received letters
of concurrency from all utility companies affected by the abandon-
ment. Therefore, the abandonment will not impair the distribu-
tion of utilities in the neighboring area.
2. Parcel "B": Staff recommends DENIAL of the request for
road abandonment for Parcel "B" based on the following:
a. The proposed abandonment of Parcel "B" serves the applicant
and the adjacent property owner of Lot 1 and 2. The restaurant
located on Lots 1 and 2 uses the area identified in Parcel "B" as
parking. The petition does not include a letter of no objection
from this property ownerj therefore, this request for abandonment
does not meet the criteria as outlined in Section 16-1 of the
Monroe County Code.
Additionally, if it is the intent of the applicant to establish
ownership of the property to include the brick entrance wall,
then the petitioner should adj ust the survey, legal description
and petition for abandonment accordingly.
b. The proposed abandonment does meet Goal 213 of the 2010 Plan
as outlined above.
c. The petition includes letters of concurrency from all utility
companies affected by the abandonment of Parcel "B".
cc Robert Herman, Director of Growth Management
Antonia Gerli, Development Review Coordinator
Ervin Higgs, Property Appraiser
RAELGERS/TXTDR 09/08/97
.~"
.....
Supervision of:
. Attorney
Florida Department of Transportation
District -Six
1000 N.W. 111th Avenue
Miami, Florida 33172
COUNTY Monroe
SECTION 90560-2611
SECTION 90040-2508
STATE ROAD NO.: 4-A
PUBLIC PURPOSE QUITCLAIM DEED
THIS INDENTURE, made this ~d day of Al/9t/Sf-
1~ by and between the STATE OF FLORIDA. by and through the STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION, as the Party of the First Part
and MONROE COUNTY the party of the Second Part.
WITNESSETH
WHEREAS. the hereinafter described property held by the
Department of Transportation is no longer used or needed and the
District Secretary of District VI of the Department of Transportation
has approved conveyance to the Grantee without consideration, to be
used solely for public purposed, pursuant to the provisions of Section
337.25(3), Florida Statutes.
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of
the First Part does hereby remise, release and quitclaim unto the
Party (Parties) of the Second part, and assigns, forever, all the
right, title and interest of the State of Florida and/or the State of
Florida Department of Transportation to the property described on
Exhibit "A", attached hereto and made a part hereof.
TO HAVE AND TO HOLD the said premises and appurtenances
thereof unto t~e Party (Parties) of the Second Part.
THIS CONVEYANCE IS made subject to any unpaid taxes,
assessments, liens, or encumbrances of any nature whatsoever which the
Party (Parties) of the Second Part hereunder and herein assumes.
IN WITNESS WHEREOF, the State of Florida Department of
Transportation has caused these presents to be signed in the name of
the State of Florida and in the name of the State of Florida
Department of Transportation by its District Secretary and its seal to
be hereunto a~fixed, attested by its District Executive Secretary, on
the date first above written.
Ii.
...,
Signed, sealed and
delivered in our presence
as witnesses:
1. ~~ul~~
2.~~
STATE OF FLORIDA
COUNTY OF DADE
COUNTY
SECTION
SECTION
STATE ROAD NO.:
Monroe
90560-2611
90040-2508
4-A
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BEFORE ME, the undersigned authority, this day personally
appeared, Charles W. Baldwin Jr. District Secretary, District VI and
~~~~ ~/~~~ District Executive Secretary of the State of
,
Florida Department of Transportation, respectively, to me known to be
the persons described in and who executed the foregoing instrument, an
they severally acknowledged the execution thereof to be their free act
and deed as such officers for the uses and purposes therein mentioned,
and that they affixed thereto the official seal of. said State of
Florida Department of Transportation, and the said instrument is the
act and deed of said Department.
/) WITNESS my hand and official seal this Zit:! day of
/i~~usr , 19 9~.
(NOTARIAL SEAL)
riol.~~y PulJlir., SI"le 01 r'IOlida N J.arg~
i/y C("rmn:$~;o.~ C:tpi'i311 Apr 13. 1991
r:~- ,....,dZl~ t~ rlJ i'1~ l~'I1;J'li 8::r'cJinfJ A!;en\~y
.'
~" .r ~ii .:,~
~tJI~ -. .
-.. ," \".':- ...." .
~. " ,'.
Notary Pub 1 it ". . · .'
"'" I
I\.
,
~
EXHIBIT -An
,
RE: Section 90560-2611
Section 90040-2508
State Road No. 4-A
Marathon, Monroe County
LEGAL DESCRIPTION
All that portion of a 66 foot wide strip of land known as Old State
Road No.4-A, which lies in Government Lot 1 in Section 9, Township 66
South, Range 32 East and in Government Lot 3 in Section 10, Township
66 South, Range 32 East Monroe County, Florida as shown on Florida
Department of Transportation Right-of-Way Map for Section 90040-2508,
Sheets 3 and 4 as recorded in Road Map Book 1 at Page 147 of the
Public Records of Monroe County and lying between Station 85 + 83.50
and Station 114 + 44.95 and which lies 116 feet North of and parallel
with the Baseline as shown on said Right of Way Map.
LESS: That portion of said State Road No.4-A, which was Quit Claimed
to Monroe County by Quit Claim Deed dated January 14, 1971, and .fi1ed
for record in Deed Book 468 at Pages 43 thru 45 of the Public Records
of Monroe County, Florida.
AND LESS: All that portion of said State Road No.4-A, which lies
within the Boundaries of the Florida Department of Transportation
Maintenance Yard as described in O.R. Book 284 at Page 21 of the
Public Records of Monroe County, Florida.
, -
GREENMAN & MANZ
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
ArrORNEYS AT LAw
Gulfside Village, Suite 40
5800 Overseas Highway
Marathon, FL 33050
(305) 743-2351
(305) 743-6523 Fax
Franklin D. Greenman, P.A.
David L. Manz, P.A.*
.Board Certified in Marital & Family Law
Fellow of the American Academy of
Matrimonial Lawyers
May 30, 1998
Dave Koppel
County Engineer Department
5100 College Road, Room# 508
Key West, FL 33040
RE: Elgersma Request for Road Abandonment
Old 4A, Marathon
Our File No: 96-133
Dear Mr. Koppel:
I am enclosing a copy of the memorandum you sent Suzanne Hutton on April
8th, stating some concerns about this road abandonment. I am hopeful this letter will
clarify your concerns and authorize your office's approval for this road abandonment.
Mr. Elgersma is only entitled to obtain one half of the abandoned right of way,
pursuant to Florida Statutes ~336.12. The other half of the right of way must be given
to the abutting property on the other side of the road. The abutting property owner is
Joseph Ardolino. I have previously advised the county attorneys office that he is
petitioning for a road abandonment of his portion of the abandoned roadway, but we
have not as yet received the completed survey on his property to petition the county.
As to the issue of the bike path, I have been personally involved with the issue of
the bike path to the Stanley Switlik School. I represented the property owner who
obtained the vacation of Lot 6, Block 4 of Marathon Shores subdivision, the property
closest to the school property, and they agreed, as a part of their road abandonment
approval, to grant to the county an easement for pedestrian access for purposes of that
bike path. Mr. and Mrs. Elgersma are both very community minded individuals and
have already authorized me to offer a similar easement to the county (whether or not it
was requested as a part of the road abandonment petition.) Further, I have discussed
this matter with Mr. Ardolino, the owner of the abutting half right of way and he also
has agreed that in the event a bike path is required on that property for the benefit of
the school children, he will grant an similar easement.
The parking problem along US# 1 should not in any way interfere with the
vacating of this property. The requested abandonment is not on US 1 and has not been
used by the county since the 1950's. You are aware of the recent DOT meeting, who
entered into an agreement with the county to eliminate some of the problematic parking
along US# 1 to allow the existing bike path to be effective. They have no property
interest in the property being vacated and thus have no standing to object or not object
to this vacation. However, in discussion with the DOT on the bike path issue they have
indicated that the privatization of this road way with an easement for pedestrian (non
vehicular) ingress and egress to the schools, is a viable alternative solution to the bike
path problem.
This old roadway will have no impact on the businesses parking. For years this
property has been used for a trash dump, for the unlawful placement of junked autos
and mobile homes and vagrants. Because the county owned the roadway, code
enforcement has been unable (or unwilling) to effectively enforce violations of code
there. I have spoken to Code Enforcement and they believe that the vacating of this
road to the adjoining property will give them the authority to clean the area up, to the
benefit to all of Monroe County.
In meetings with county staff, DOT and Representative Horan, no governmental
agency was able to create a bike path on this abandoned roadway. I do not believe your
objection to the return of this property to private ownership will increase the likelihood
of the bike path being created. However, the private ownership of this property will (1)
allow the cleanup and stop the code violations there; (2) put more property on our
overburdened tax rolls (3) end the frustrating inactivity on the part of government
towards this property: and (4) allow for a nonvehiclular easement for a bike path, that,
thus far, the county and state have been unable to achieve.
In other words, if you can't make the problem better, stop objecting to those who
can. Surely this proposal is better than the status quo.
The application of the Elgersma's is designed to correct the problem, not make it
worse. I'd greatly appreciate it if you would review this letter, and their application,
with an eye towards approving this petition for the benefit of the Elgersma's and the
county, and the public.
~_._ R~esP~7~t~1;
~~'CJ~
Franklin D. Greenman
FDG/ar
Enclosure
cc: Richard Elgersma, Suzanne Hutton
H:ICLIENTSIGREENMANlACTIVE\ELGERSMAILETTERSIKAPPEL.(Kl I