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Item P2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on December 19, 2001 at 3:00 PM, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall be abandoned: 5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 5th day of November, 2001 (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication date: Keynoter 12/1/01 //aL. Petitioners Richard" Pauline Crise RESOLunON NO. - 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND THE PUBLIC IN AND TO A PORTION OF A DRAINAGE AND UTIUTIES EASEMENT BETWEEN LOTS 40 AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION. CUDJOE KEY. 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, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Florida Statutes Sees. 336.09 and 336.10, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby renounces and disclaims 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: 5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBUC 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 19th day of December, 2001. Mayor Charles McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Nora Williams (SEAL) Attest: DANNY LKOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson f"\^TF DATE 7 - S - a I ROADABANDONMENTPETlTION PHONE 30S- 7~~- OO;l,(p NAME Richard Qr'ld ~a..vl;n~ c.."",,'s.L<fI ADDRESS 7J'I SAk.lYe.N iJ,...) CvdJDt!!- K~r; FL. 33ot/::L STREET/EASEMENT to be abandoned 5 I _: ".s~;~~.: :~~':' ~~:-. ;01- ~/. KEY b/oc.J:. .Lf) C.udJ /)~ r.: a....dtZ.III<: 2~_ Q'~_ ,_ __ __ "!!_!J__1-I. J ':L_ 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 B) 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) J{o * 41 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.~ taxes on their subject land have been paid. (year) (EXhibit D) Legal description of that portion of roadway which petitioners seek to have abandoned. (Exhibits E-l, E-2, E-3, E-4) Letters of no objection from utility companies - including, but not limited to, water, electricity, telephone, and cable TV. (Exhibit F) i\l OV\e..... 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: -ro c;,dd Qn add;r;trr. --f1:, Our- J..DIJ~~ Ok /1>1 '7J. 1 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 wiJ/ 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. [./,s personally known to me. [ ] Provided as identification Sworn to and subscribed before me this _~ PET~~'-~~~ Type c.......... LEONA T. F /?-~>tt..r~.\ MY COMMISSION. CC 745614 :\ :.E EXPIRES: May 26, 2002 . ~;".....~I}' BondedThruNolIlri pub1icUnderWntera ''I.Rf"f:\' , ,;XMI . r..1 Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this .6 day of ~~~ PETITIONER Type ""U"" F l~iJ>tt' ~<; MY COMMISSI(>N . CC 745614 ~~ :~~ EXPIRES: May 26, 2002 . ~X"",' J BondedThruNotaryPublicUnderwmers I,P,f"f\\' , ~tJtJ/. # 'H-FOUHD ulr-'sH';sETHAIL P';'PLAT""H-HEASUREb b-bEEb PRO.-I'RORATE H.lI.iI;r::-;'APPIOXUIAT~ 'tIEAN"HICH V4TEI LINE C -CALCULATFD S.I.R.- I. ROD - CAP , 2108 VF ~ VOOD FENCE R"-"~NC" HAlt 4LL ANGLES ARE 90. UNLESS SHOVN OTIIERVISI P.I.R. + POUND ROD' SIZE P.I.P.- POUNb PIPE' SIZE EL~VATIONS ARE RELATIVE TO TilE 1020 NATION4L CEODETIC' P/L-PROPERTY LINK ./V- RICIIT-OF-V4Y LINK C.L.F.-CIIAIN Ll"~ VERTICAL bATUH PENCE ENCRO.-ENCROAClIHENT STY-STORY COL'S-COLUHNS lG Ir: , ~ I~ , II ATTACHMENT A II .... , , ~_I , ~. \, R . ~I ~I : ~11.ll. ffi 1- I ~ ~ I UJ 'U' I I --\P "11 I I A'~"PJ', I ... _\ ? \. ~. \ . {PO L, A J.J" L ';?/W I 80 , . , " -- .... -- ---~...._- " C_ \J" . - . . \ . .. . /.( .cs) (~.~: '.' "J' . . \~ GDIl.Nea. OF t.lJaJt-. ')e...w~L..~ ~1I"a~. 0.2,' Il. '?'" , ?I.lZ.. LoT 4-\ ~L \e 4 '/... ~.~~ 4'2. ~ ~ !:) c:s~ U\ <f> (v ACA.IJ-r) ... b.'~O ~ F.1.2. ? o.o~'~4 l, :::......~ 0.0<" E ~ ,: 80 I I PeR P\..~ \' N 40 6M ?e.,. lJ"ll IN POWER POLE. Ef.."l' OF LOT 4\ EL. B.OO ul ? C>l -:::> '-l u. I;) 1-\ n. ~ :% lJ.. Ii' ..jcE oS' c-I 0A..WYER DR. 'c-J q,~ s~ 06.. '? 20, at) t=... ........... C1J. eo ",. 1 - - --( --.--- VESCRIPTION LOT 41, ALOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE lS9,OF TilE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. EXHIBIT A THIS SURVEY tlEETS TilE tlINUIUtI TECHNICAL STANDARDS OF THE FLA. BOARD OF LAND SURVEYORS CHAPTER The date of survey vas '2.0 APR. \~~'2. 21 HII-6, FLA. ADMINISTRATIVE CODE ACCORDING TO PROF. LAND SURVEYOR, FL CE~ NO.219J SECTION 472.027. FLA. STATUTES. ~ I ~~. .; I I ,i I. ~ ~ E ~ l . . - ! .' . . . , g t ._" v. ,,/ l . " . . . I >- ., If''''''.:J Q ~ . . I l:l ::! : .:.~ . Q ... ... ... _' I · ~ce.g ~ ! . L ~..~~ :0:': r~"'..:I x: r: ~..~~ .i:Q~ "~~ ~:: >'" ::t ' .~ ~~ ... ~ l 'l: Q (Ij '" Z ~ W ~ ~ :: ~,,~ ~ ..}~ >-'~ . ~.. u t . ,.. ~ ~ ~ Ji. '-' .. _ ~ i~'-O! :-~ \l r ~]!~ ';; ~ 0 ~ {. U r.1.... .. ~ ~ ~~U "'l ~~ \l t o C:.i ~ _ :: r::: . J ~ ;: ~ ~ ~ i .. tJ .: I - d 3 ~ a . ... .. L L ~ . ..! ~ .\I...j .. ~ 0- o! ... :! o .. ~ I .. , . .... ... ~ '" " .. . <!l " Eo u .. r t .! .. ... ~ .. i: .: 'a .; 2' .. ~o . ~ ';: ~ . ~~ ... . . ~ . .. :i .. .. , E .... . .. Io! ~ ~ ~----"f----^- -5 - -----..-; - -<~--------- f I 1"- :'.--- 1! .__ ..--" ______--- ~-- n ~ -\ ~ u ., ~ EXHIBIT B !f ON R '-:-' E (' i . , \..,., ',' .~; F F T ,~ I ~_!. -: ~ ~ '-: P !J ~. PIT E "] ] (- - __ _ - -. tr. _ .:. (2) --I, ':.) (::-, p V # l (3 :L -'C), - PC: # J. 5 <=) R ,. n -::. ~ ~ 1 ~, (\ (\ C1 0) ~ : 1 ,:, P r ! n?!-1]J'{ ~ ::nLH.~(~E, CLERK nr""'D ~r"" ::., t, . c'." S T .q I P y/ 2 9 7 , "0 (/\1/11/-,"'r.,., ~ .. - - '::":''('':' . DEF eLK A298-10 R298-04 QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 25th day of October , 1 999 (year), by first party, Grantor, Robert G. Cr ise whose post office address is P~ O. Box 532, 10881 Gaskin Ave., Gambier, OH 43022 to second party, Grantee, R i c ha r d C. C r is e whose post office address is 714 Sawyer Dr., Summerland Key, FL 33042 WITNESSETH, That the said first party, for good consideration and for the sum of Forty-two thousand five hundred Dollars ($42,500.00) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances there- to in the County of Mon roe, State of F 1 or i da to wit: Being lot 40 in Block Four (4). Cudjoe Gardens, Second Edtion according to Plat thereof as recorded in Plat Book 4, page 159 of the Public records of Monroe County, Florida EXHIBIT C ZZHF (I) Re\. 6/9S FILS to 1 16(2) :3 9 (2) EK it 1 G 1:3 PC:!! '1_ 6 <2> IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Sil~~f l-;;?ctL::rJtCe.-- Signature of First Party D fi!:ril .rht./~J..~ Print n of WItness ',-) , - iel {"'l V l~UJi.-Z- Signa re of Witness Ph ~ } I; -5 ]) '1)0 Ct/L-L Print ame of Witness Robert G. Crise Print name of First Party ----m ~ ---m {l~ Signature 'of rst Party Mary M. Cr ise PrintnameofF~tParty State of l~~' County of U~ ,_ On Cc+ .J..&J (11'{ before me, appeared ~ vi- Cr. l 'u4--t .- personally known to me (or proved to me-on the basis of satisfactory'evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .;) < dl L~/.J).])Th~l)L-<-- SignatuI' of Notary PHYLLIS O. OOANE NOTARY PUBLIC, STATE OF OHIO ~l (;()f1IMISSION EXPIRES MARCH 21. 2003 Affiant _Known_Produ<;e;d ID Type of ID ()I-J JYu.M-t 1A. ill L ' ~ - (Seal) State of (~ County of K.--t~ On W ,).u) 1(11~r before me, ' appeared '--111C~/~ 111. C.l.A.A--( personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the withip instrument and acknowledged to me that be/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the,instrument. WITNESS my hand and official seat. , · ~\. PHYLliS O. DOANE JJ ~ "/""") ~'" NOTf,RY PUBLIC, STATE OF OHIO \~ - \ - _ ' h'->t..L/. .~/t (.... MY C\.H,jMISSION EXPIRES MARCH 27. 2003 Signa of Notary Affiant Known Produced ID ~.FdYfCC~~~~~> Signature of Preparer l!nNHOE COIJNTY 0FFICIAL RECOR=2 Robert G. Cr i Be Print Name of Preparer PO.Box 532, 10881 Gaskin Ave. Gambier, OH AddressofPre~r 43022 733920 ~[t1 2 I I PAG[Z 04 1 ,~ L~D , ;"'&,,0 THIS INDENTURE Made this q, I..-day of MH- Y , 1992, ROBERT G. CRISE, of the, County of Knox and SCate of Ohio, party of the first part, and RICHARD C. CRISE, County of Knox and the State of Ohio, party of the second part, Witnesseth. that the said party of the first part, for and in consideration of the sum of TEN ($10.00) DOLLARS, in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged. has remised. released and quitclaimed, and by these presents does remise, release and quitclaim unto the said party of the second part all the right, title, interest claim and demand which the said party of the first part has in and to the following described lot, piece or parcel of land. situate lying and being in the County of Monroe, State of Florida, to wit: ~ ~ a.. Monroe County, State of Florida, being lot 41 in Block Four (4), CudJoe Gardens, Second Edition according to Plat thereof as recorded in Plat Book 4, page 159 of the Public records of Monroe County, Florida. This instrument was prepared without the benefit of title search or abstract. The preparer in no way warrants title to the property conveyed herein. TIllS PROPERTY IS NOT THE HOMESTEAD PROPERTY OF THE PARTIES OF THE FIRST PART, NOR CONTIGUOUS TO HOMESTEAD PROPERTY, AS SUCH HOMESTEAD IS DEFINED UNDER FLORIDA LAW. To Have and to Hold the same, together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use. benefit and behoof of the said party of the second part. In Witness Whereof, the said party of the first part has hereunto ~ h~~ h~and ~ the day and year fIrst above written. :z :; r'1 ::Or~~ ":J C_.' -; :3 #'1~ ~ " c. __ z- I co ) " Signed, Sealed and Delivered in Our Presence: c c' "'" :~, . , J' ~k(t N ROBERT G. CRISE \) w .'0 .,., .- . , o -0 , -, ----'" Social Security No.: ). 7~"';ZB -crBGO This is a corrective deed , lot 40 to lot 41. re-recorded to correct the legal description from 733920 ~t U 2 1 I P~G[ 2 0 4 8 STATE OF OHIO COUNTY OF KNOX The foregoing instrument was acknowledged before me this 7"lQ day of /1//11 , 1992, by ROBERT G. CRISE, who is personally known to me or who has produced LJA/o lJ/'//I'M L/,..t'./1.:5 C/ as identification and who @lid not take an oath. , '\ . '. I , '~>':: ~ !', \ : ~ ;,!. . " ' 1,,// ,- :'..1' '. - / -.'; .:':" :" ~ . t-;. .. . ~/t}' ~ ~ ; /.7 IV~ /C:.~~{7 dT": .?r b U/ No.)..J"'~ L. \~l' .-:u_ , Notary Public - State of OHIO , . (SEAL)': . . .' '.., , '. " 'to, J , ~2I""", , v 1'1'~'J ,. " 1"" . .'''' o. . ." -, f -\ -. \ I ...,,~ ;" . ..'.~ ~ ~ 'I, . I , Conunission Number: ; ,', , .. I .~ y' rl if ~ 1(. . , Ii 1 ;:... ({ }.,,...J\t",",r':l!J ~', \. ;:\: . :.'J. .J/ ";-'.j . , ' ~ . oJ ReCOr~d rn 0" .n Me .(,,,, R~OITI$ 11...... nroe Coun'" F """"" ltecOt'd" '. ". a.n. DANNV'L Clerk C' . K~LHAeE "CUlt Court LEGAL DESCRIPTION 5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. EXHIBIT D Larry Francisco 20878 5th Ave. West Cudjoe Key, FL 33042 Date: 7 /r Ic~ { Cudjoe Gardens Property Association agrees to the abandonment of easement requested by Richard C. Crise at the following property: 5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 & 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. Please return in self addresses envelope to: Richard Crise, 714 Sawyer Dr., Cudjoe Key, FL 33042 Signed~~~~ ~ ~~l2~~J(?-<,--+ e o-p(:>.A. President, Cudjoe Gardens Property Association BELLSOUTH TELECOItfMUNICAnONS@ 650 United St Key West, FL 33040 Office: (305) 296-9078 Facsimile: (305) 294-4062 July 3, 2001 Richard and Pauline Crise 714 Sawyer Dr Cudjoe Key, FL 33042 phn: (305) 744-0026 Subject: Abandonment of 5' Utility Easement between lots 40 and 41, Block 4, Cudjoe Gardens Second Addition, Plat Book 4, Page 159, of Monroe County, Florida, as described on the attached survey excluding any easement dedicated specifically to BellSouth. To Mr. and Mrs. Crise: Our engineering department has reviewed the above referenced request. Presently, BellSouth has no existing facilities nor plans to construct facilities along the area in question. BellSouth has no objections to the abandonment of the above referenced Utility Easement. If further assistance is needed, please do not hesitate to call, Earl Beck, at (305) 296-9078. Thank You, Bernie Macias Director - OSPE EXHIBITS E Name: Address: Date: ?> - J 2-D I AT&T Broadband agrees to the abandonment of easement requested by Richard C. Crise at the following property: 5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 & 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. Please return in self addresses envelope to: Richard Crise, 714 Sawyer Dr., Cudjoe Key, FL 33042 Signed: ~('('i ; ,,-04.- Je d;!J; )1f6 / J'jJ yr V'5 ,,-:>- &,--I? -0 j Title: I AT&T Broadband 1700 N. Roosevelt Blvd. Unit #2 Key West, FL 33040 UTILITY BOARD OF THE CITY OF KEY WEST June 12, 2001 \.lE(' ~~~?l'P wfSt ~l\.~ TELEPHONE: (305) 295-1000 POST OFFICE DRAWER 6100 KEY WEST, flORIDA 33041-6100 www.kwcityelectric.com Mr. and Mrs. Richard Crise 714 Sawyer Dr. Cudjoe Key, Florida 33042 RE: ROAD ABANDONMENT Dear Mr. and: City Electric System (CES) has no objection to the proposed road abandonment 714 Sawyer Drive in Cudjoe Gardens. If you have any questions please feel free to contact me at (305) 295-1052. Thank you for your cooperation in this matter, Sincerely, UTI L1TY BOARD-CITY OF KEY WEST "CITY ELECTRIC SYSTEM" R~mo~d fi ~Odhi9~U:Z' General Manager v(Zv4 ~UN David D. Price Engineering Supervisor DDP/ba c: R. Rodriguez, General Manager C, Jansen, Asst. General Manager D. Finigan, Director of Engineering/Control Center File:ENG-013 I:ascment letterlCnsc UTILITY BOARD MEMBERS: Robert R. Padron, Chairman. Dr. Otha P. Cox, Vice-Chairman Leonard H. Knowles, Member. Gayle Swofford, Member. Lou Hernandez, Member Post Office Box 1239 1100 Kennedy Drive Key West. Florida 33041-1239 Telephone (305) 296-2454 f'CY "WC;.;)l Florida Keys Aqueduct Authority Albert 0, Appell Vice-Chairman Duck Key Mary L. Rice Secretary- Treasurer Marathon Linda B, Wheeler Key West August 6, 2001 Harry E, Cronin Key Largo Pauline Crise 714 Sawyer Drive Cudjoe Key, FL 33042 Roger Braun Executive Director RE: Approval for Abandonment of Easement, Lots 40 & 41, Blk. 4, Cudjoe Gardens Second Addition Dear Mrs. Crise: The FKAA Board of Directors approved at the July 18th meeting, the above referenced project. Pursuant to your request for the easement abandonment of the above-reference property, Staff has researched your request and have no objection to the abandonment of this easement. This is an old 5" easement for drainage and utilities that the FKAA has no need for. The watermain is located in the right-of-way of Sawyer Drive. The applicants need the easement abandoned in order to meet set back requirements so that they may add to their exiting home. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY -- -:q- 9~ Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Bob Feldman, Geneml Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department Suzanne A. Hutton, Assistant County Attorney J.G'''JOe''LOndon,FireMars~ ~t:. '-f)AJDoN ROAD ABANDONMENT INSPECTION: (5ft Easement between Lots 40 & 4] Block 4, Cudjoe Gardens) COUNTY 3MONROE KEY WEST FLORIDA 33040 (305) 294-4641 FIRE MARSHAL'S OFFICE Marathon Gov't Annex B]dg. 490 - 63rd St., Ocean, Ste. ] 60 Marathon, FL 33050 (305) 289-60] 0 (305) 289-60]3 FAX INTEROFFICE MEMORANDUM DATE: July 24, 200] TO: FROM: SUBJECT: BOARD OF COUNTY COMMISSIONERS MAYOR, George Neugent, District 2 Mayor Pro Tern, Nora Williams, District 4 Dixie M. Spehar, District 1 Charles "Sonny" McCoy, District 3 Murray E. Ne]son, District 5 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 @RoadAbdn/RoadAbdn/mw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE MEMORANDUM ,J-~~ ~i:[r ~~~.J1\W.' TO: Suzanne Hutton Assistant County Attorney JUL 1 8 zoa1 FROM: David S. Koppel County Engineer rY ._~ '-"_. DATE: July 17,2001 RE: Road Abandonment Petition - easement between Lots 40 & 41, Block 4, Cudjoe Gardens Second We have reviewed the above-referenced request and have no objections. Please let me know if you have any questions. DSK/jl RdAbEasementCudjoeGardensSecHutton.DOC MEMORANDUM From: Marlene Conaway, Director of Planning l' 'j'[5J (r;J '1~J '. . 101 8 ~ I c" I, \, ( r._. d.. 'J r\, lu JUL 2 3 2001 <J To: Suzanne A. Hutton, Assistant County Attorney Date: July 20, 2001 Subject: Petition for Road Abandonment for of an easement between lots 40 and 41, Block 4 Cudjoe Gardens 2nd Addition, located on Cudjoe Key, Monroe County, Florida. Descriptions Richard and Pauline Crise, owners of lots 40and 41 Block 4 Cudjoe Gardens 2nd Addition Subdivision, Cudjoe Key, Monroe County, Florida, have petitioned the Board of County Commissioners to abandon an easement between lots 40 and 41 block 4 Cudjoe Gardens, 2nd Addition Subdivision. The Applicants are requesting the easement abandonment so that they can build an addition to their single family residence on lot 40 block 4 that will extend over and into lot 41 block 4. The legal description of the easement is: "see attachment A" Staff Review A review of our records and an on-site inspection of the subject property revealed the following: 1, The easement for lots 40 and 41 block 4 was deeded to Monroe County by Cudjoe Gardens Subdivision recorded in Plat Book 4 Page 159, public records of Monroe County, Florida, 2. Richard and Pauline Crise are the current owners of lot 40 & 41 Block 4. A Property Record Card supplied by the Applicants indicated that the lots were combined on June 11, 2001, 3. The proposed easement abandonment site is between lots 40 and 41 block 4 of the Cudjoe Gardens 2nd Addition Subdivision. The Monroe County Land Use District Map indicated the property is zoned Improved Subdivision (IS). The Future Land Use designation is Residential Medium, 4. Letters of No Objection has been received from Bell South Telecommunications, AT&T Broadband, City Electric System, and the Cudjoe Gardens Property Association. None of the utilities indicated that they would ever construct facilities along the area between lots 40 and 41 block 4, 5. A site visit revealed that the area between lots 40 and 41 block 4 of the Cudjoe Gardens 2nd addition is heavily over grown with trees and scrubs. No evidence of any utilities in the area. Conclusions: Richard Crise Road Abandonment RE# 00174210-000000 Page 1 of 2 1. The proposed easement abandonment of lots 40 and 41 block 4 would allow the Applicants to put an addition on their Single Family Residence on lot 40 that would extend into lot 41. The Applicants have aggregated the lots. 2. The Applicants has received Letters of No Objections from Bell South Telecommunications, Florida Keys Electric, AT&T Broadband and the Cudjoe Gardens Property Association. 3. A letter of no objection is needed from the Florida Aqueduct Authority. 4. The easement abandonment will not create non-conformity to setbacks on any of the subject properties. 5. The easement does terminate on a body of water however it is not a right of way therefore it is not required to meet the requirements of Monroe County Code Section 16-1a. Recommendation Based on the preceding conclusions, staff recommendations APPROVAL of the request for easement abandonment. cc: Fred Gross, Island Planning Team Director Aref Joulani, Senior Planner Thomas J. Tumminia, Senior Planning Tech Page 2 of 2 Richard Crise Road Abandonment RE# 00174210-000000