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Item R1 s R.1 y;+ ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe , Mayor Michelle Coldiron,District 2 �� {sJ ` °' Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting May 19, 2021 Agenda Item Number: R.1 Agenda Item Summary #8026 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2500 1:30 PUBLIC HEARING AGENDA ITEM WORDING: A Public Hearing to Consider Approval of 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, as shown on the revised amended 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 U.S. Highway 1, at approximate mile marker 105, Key Largo, as shown below: >r G, The Applicants are requesting the abandonment of the entire public right-of-way comprising the Packet Pg. 2430 R.1 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 parcels surrounding the abandonment request, and the right-of-way to be abandoned is not improved. The Applicants have represented, in their application, that their request for the County's renunciation of this right-of-way in their favor is for the following reasons: To: • Accommodate driveway access; • Expand their properties; • To construct accessory structures (i.e., garage and playground expansion); and • Clean up the right-of-way. 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: z; �t. S i t Excerpt from the Revised Amended Plat of Riviera Village showing subject alley within Block 4 in red: p 4-'( 46 47 A RL1IV A v xc xr x. s re 4 +. rd z+ Z3 a r7 rG tr /V ✓'M /d rr ✓o° x - C� W 4X 49 44 4f & 47 4; 4a S'a 31 �x I l � f ,7 7; — „ Packet Pg. 2431 R.1 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: • . r . L 4v Mr. & M rc Kon 4 , } r Hobert 6 Starke, y I.o3�,C Mr. &firs. ry Rllo10 " 4vedl r Mr. & Mrs. �. „ Barrios ' m a � 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 e-mail 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. PREVIOUS RELEVANT BOCC ACTION: On April 21, 2021, the BOCC approved Resolution No. 164-2021 setting the date, time and place for a public hearing concerning the proposed abandonment. CONTRACT/AGREEMENT CHANGES: n/a Packet Pg. 2432 R.1 STAFF RECOMMENDATION: Approval DOCUMENTATION: Renouncing Resolution Staff Report 2020-146 FILE Combined Surveys County Department Letters Utility Letters Recorded FKEC Easement 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 04/29/2021 11:50 PM Peter Morris Completed 04/30/2021 5:03 PM Assistant County Administrator Christine Hurley Completed 05/03/2021 10:45 AM Purchasing Completed 05/03/2021 10:59 AM Budget and Finance Completed 05/03/2021 12:03 PM Maria Slavik Completed 05/03/2021 12:28 PM Liz Yongue Completed 05/04/2021 11:44 AM Board of County Commissioners Pending 05/19/2021 9:00 AM Packet Pg. 2433 R.1.a 1 7yt,. 2 3 RESOLUTION NO. -2021 4 5 A RESOLUTION OF THE MONROE COUNTY BOARD OF °3 6 COUNTY COMMISSIONERS RENOUNCING AND 7 DISCLAIMING A PORTION OF THE RIGHT-OF-WAY OF 8 AN UNNAMED ALLEY, AS SHOWN ON THE REVISED 9 AMENDED PLAT OF RIVIERA VILLAGE, PLAT BOOK 2, 10 PAGE 80, OF THE PUBLIC RECORDS OF MONROE i i COUNTY FLORIDA, BOUNDED ON THE NORTH BY 12 MARLIN AVE; BOUNDED ON THE WEST BY BLOCK 4, 13 LOTS 4 AND 56-57; BOUNDED ON THE SOUTH BY 14 DOLPHIN ROAD; AND BOUNDED ON THE EAST BY 15 BLOCK 4, LOTS 1-8. 16 17 WHEREAS, an application was filed by Richard and Deborah Riolo, Jason and Michelle 18 Koon, Adela and Jorge Barrios, and Roger Starkey, LLC, requesting the Monroe County Board 19 of County Commissioners ("Monroe County, Florida", "Monroe County", "BOCC", "Board", or E 20 the "County") to abandon and disclaim a certain portion of the right of way of an unnamed alley C 21 as shown on the revised amended plat of Riviera Village Subdivision of Key Largo, according to 22 the Plat thereof as recorded in Plat Book 2, Page 80, of the public records of Monroe County, 23 Florida, bounded on the north by Marlin Ave; bounded on the west by Block 4, Lots 4 and 56- 24 57; bounded on the south by Dolphin Road; and bounded on the east by Block 4, Lots 1-8 of the 0 25 aforementioned plat; and 26 27 WHEREAS, Monroe County desires to renounce and disclaim any right of the County 28 and the public in and to the hereinafter certain portion of the above referenced right-of-way; and 29 30 WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public hearing 31 after publishing due notice of said hearing in accordance with said Chapter; and 32 c 33 WHEREAS, due notice has been published and a public hearing has been held in 34 accordance with Chapter 336, Florida Statutes; and 35 m 36 WHEREAS, at said public hearing, the Board considered the public comments(s) and 37 argument(s) of all parties present wishing to speak on the matter, and has considered renouncing 38 and disclaiming of any right of the County and the public in and to the hereinafter described 39 right-of-way as delineated on the hereafter described map or plan; and 40 File 4 2020-146 Page 1 of 3 Packet Pg. 2434 R.1.a i NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF MONROE COUNTY, FLORIDA, 3 4 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, 5 and are herby incorporated as if fully set forth herein. 6 7 Section 2. The Applicants have agreed to a grant of Easement to Florida Keys Electric 8 Cooperative ("FKEC") for existing FKEC-owned utilities located within the right-of-way 9 to be abandoned. The Easement was executed on October 5, 2020 and was recorded in the 10 Official Records of Monroe County, on October 26, 2020, at Document No. 2288004, 11 Book 3052, Page 1848, of the Official Records of Monroe County. 12 13 Section 3. Monroe County, Florida, hereby renounces and disclaims any right of the a� 14 County and the public in and to the following described right-of-way, streets, alley-ways, 15 or highways as delineated on the hereinafter described map or plat, to-wit: 0 16 17 THE P UBLIC RIGHT OF WAY DESCRIBED AS: CL 18 A 20 FOOT WIDE ALLEY AREA BOUNDED BY THE NORTH RIGHT OF WAY LINE 19 OF DOLPHIN ROAD. THE SOUTH RIGHT OF WAY LINE OF MARLIN AVENUE 20 ALONG WITH LOTS I THR U 9 AND LOT 57, BLOCK 4, SHOWN ON THE REVISED 21 AMENDED PLAT OF RIVIERA VILLAGE, ACCORDING TO THE PLAT THEREOF, AS 22 RECORDED IN PLAT BOOK 2, AT PAGE 90 OF THE PUBLIC RECORDS OF 23 MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS 24 FOLLOWS; 25 0 26 BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8, BLOCK 4 ON THE 27 NORTH RIGHT OF WAY LINE OF SAID DOLPHIN ROAD, THENCE RUN IN A 28 WESTERLY DIRECTION ALONG THE WESTERLY EXTENSION OF THE 29 SOUTHERLY LINE OF SAID LOT 8 AND THE SAID NORTH RIGHT OF WAY LINE 0 30 FOR A DISTANCE OF 2544 FEET TO THE SOUTHEASTERN CORNER OF SAID LOT 31 57, BLOCK 4, THENCE RUN IN A NORTHEASTERLY DIRECTION ALONG THE o 32 SOUTHEASTERLY LINE OF SAID LOTS 57 AND LOT 9 AND THE NORTHWESTERLY 33 LINE OF SAID 20 FOOT WIDE ALLEY FOR A DISTANCE OF 267.06 FEET TO A 34 POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF MARLIN AVENUE FOR A 35 DISTANCE OF 2544 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 1, 36 BLOCK 4; THENCE RUN IN A SOUTHWESTERLY DIRECTION ALONG THE 37 NORTHWESTERLY LINES OF SAID LOTS I THRU 8, BLOCK 4 AND THE 0 38 SOUTHWESTERLY LINE OF SAID ALLEY FOR A DISTANCE OF 267.06 FEET 39 CONTAINING 5,341.2 +/- SQ UARE FEET. 40 41 Section 4. Construction and Interpretation. This resolution and its interpretation shall 42 be liberally construed and enforced in favor of Monroe County to effectuate its 43 purpose(s) and policy(ies) of the County. The construction and interpretation of this 44 resolution and all Monroe County Comprehensive Plan provision(s), Monroe County 45 Land Development Code and Monroe County Code of Ordinances provision(s) ("Monroe 46 County Code(s) provisions(s)"). Florida Building Code, Florida Statute(s), and Monroe 47 County resolution provision(s)whose interpretation arises out of, relates, or is interpreted File 4 2020-146 Page 2 of 3 Packet Pg. 2435 R.1.a I in connection with this resolution shall be liberally construed and enforced in favor of 2 Monroe County to effectuate its public purpose(s) and policy(ies) of the County, and 3 shall be construed in favor of the BOCC and such construction and interpretation shall be 4 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy, 5 and on appeal. 6 7 Section 5. No Liability. Monroe County expressly reserves and in no way shall be 8 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any 9 sovereign, governmental, and other similar defense, immunity, exemption, or protection 10 against any suit, cause-of-action, demand, or liability. 11 12 Section 6. Severability. If any portion of this Resolution , or any part or portion 13 thereof, is held to be invalid or unenforceable by any administrative hearing officer or 14 court of competent jurisdiction, the invalidity or unenforceability of such provision, or 15 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or 16 validity of any other provision of this Resolution, or any remaining pert(s) or portion(s) 0 17 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) CL 18 thereof, shall continue unimpaired in full force and effect. >, 19 20 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 21 at a regular meeting of the Board held on the 19th day of May, 2021. E 22 23 24 Mayor Michelle Coldiron 25 Mayor Pro Tem David Rice E 26 Commissioner Craig Cates 0 27 Commissioner Eddie Martinez 28 Commissioner Mike Forster 29 30 31 32 BOARD OF COUNTY COMMISSIONERS 33 OF MONROE COUNTY, FLORIDA 34 35 36 BY 37 (SEAL) MAYOR MICHELLE COLDIRON 38 39 ATTEST: KEVIN MADOK, CLERK MONROE 40APPR<T7-;1W-T0 FORM 41 ..�.� . 42 By 43 AS DEPUTY CLERK PEETER MORRIS ASSISTANT COUNTY ATTORNEY �t Date: 4/30/21 File 4 2020-146 Page 3 of 3 Packet Pg. 2436 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 15 a� 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 c- 20 #2020-146) 21 e( 22 BOCC Meeting: April 21, 2021 (set public hearing) 23 May 19, 2021 (public hearing) 24 25 26 REQUEST: m 27 28 Richard and Deborah Riolo, Jason and Michelle Koon, Adela and Jorge Barrios, and Roger 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 0 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. 0 34 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- 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: 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. 2437 R.1.b Al, IM nk t , �1 t s t+ r sis # ttt{�t t8 CL L16 "1 "�'`���" D � rs z 1 now. .... ......, ......... '� 2 Figure 1-Proposed Right-of-Way Abandonment location. E 3 4 REVIEW OF APPLICATION: 5 The requested Right-of-Way Abandonment is established within the revised amended plat of 6 Riviera Village, a subdivision in Section 01, Township 61 S, Range 39E. The plat was recorded on E 7 January 13, 1948. 0 8 Cz. 4, e* CaFa.. 47 M A YN A 1 ,° 3 4 � Lr Z. J,9 fed ifi e 0 . ,. 0 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. 2438 R.1.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 8 DIRECTIONALONG THE WESTERLYEXTENSION OF THE SO UTHERLY LINE OF SAID LOT 6 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 6 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 a� 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 c. A R L ! N — . k AV E N U E � ax . s � w r x 0 Y 1 gµ 9 , 8 ` . I € 6 �� U) 4V^'�s I LECCR1 J a Ea� Ca F H b:F9 n( 20 21 Figure 3-Excerpt of Boundary Survey 22 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 3 of 13 Packet Pg. 2439 R.1.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 , Mr.&Mrs, ' 0 a Koon - Robert ai Starkey,LLC Mr.&'Mrs, f Riolo +a €�'� .. �� . �, r'r "',*,'f *'`` �`^,v„- �a✓,«"' I. An Mr.&Mrs. ,k DE ISCR2¥ CL Barrios ' �z e711 r. C G P H T N' 4 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 10 pages. 11 12 13 14 0 15 16 17 v) 18 Remainder of page intentionally left blank 19 20 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 4 of 13 Packet Pg. 2440 R.1.b 1 Mr. and Mrs. Riolo - Lot 57, Block 4: SIPTt The Northwest 10 feet of ca, 20 foot wide alley contiguous to Lot 57, Bloch 4, REVISED AMENDED PLAT O RIVIER, 'VILLAGE, according to the Plat thereof 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 follows) BEGINNING at a point on! the North line of Dolphin Road at the Southwest corner of said gavot 57, Block 4, thence run it a Northeasterly direction along the Southeasterly line of Lot 7' and Northwesterly line of -airy 20 fort wide ol(ey =or, 13152 feet to the Northeasterly corner of Lot 57a thence run in an � Easterly direction atong the Easterly extension of the North � Lin of Lot 57 for 12,72 feet to a point on the centerline of said 20 foot wide allay) thence run in a .Southwesterly 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 Roar, thence run in a Westerly terly irection atong said North )lire For 12.72 :eet bock to the PD.-INT DE BEGINNING. — Containing 1,335.25 square feet, 2 � o-„k CL 7 w a 50 .rt 3 4 Figure—5 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 5of13 Packet Pg. 2441 R.1.b 1 Mr. and Mrs., Koon - Lot 9, Block 4: DESCRIPTIONt The Northwest 1.0 feet of a 20 fart side a,ltey contiquous t Lot 9, Block,, 4, REVISED AMENDED PLAT OF RIVIERA, VILLAGE, according to the Plat thereof as Recorded en Plat Book 2, at Page 80 of the Public Records of Monroe County, Ftorrdo and being more faarticutorly described as Follow BEGINNING at a paint on the South line of Marlin Avenue at the Northeast corner of 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 12.72 feet to a Paint an the centerline of said 210 Foot wade W Alley,, thence run in o Southwessterty direction on a lire 10.00 w feet Southeasterly of and parallel to the Southeast line of aCD s Lot 9 for 133.53 feet to a Point an the Easterly extension of the South line of Lit ` , thence run in a Westerly{ direction along 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 Lit 9 and Northwest line of sold 20,00 ;> fact wade alley for 133.53 Feet back to the PINT OF P GINNIN Containing 1,33 ,36 square feet, c 2 CL ' c c. riso Ftat r"_. �. ® � � � _� ° d° roc g h Ci a e > C � 41, 4rAs {✓ t8 3 c, 4. W c C.SQ' Plat °'' ✓ �t 4 Figure—6 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 6of13 Packet Pg. 2442 R.1.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. B1,ock 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 loarticusarly described as fotllowsl 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 otong 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 centertine of said 20 foot wide � Alley, -thence run in a Northeasterly direction on a line 10.00 feet North e tealy of and parallel to the Northwest line of 6 Lots 8, 7 and 6 for 149.92 feet to a point on the Northwesterly extension of the Northea ster iy tine of Lot t thence run in — o South etas ter°ly 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, c 2 PQ l — Belsd, Pict 1 r * < G e , c 14,41, 10 p S' m hl Ito Pf.t.b` 12.72' 12.72' A a52.61• PWt W C. C 3 4 Figure—7 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 7of13 Packet Pg. 2443 R.1.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 lid f` e of a 20, foot wide~ aliey contiguous to Lot 1, BlocP 4, REVISED AMEQED PLAT OF PIVIERA VILLAGE according to the Plat thereof as Recorded in Plat Book P' of 'age 8D of the Pubtic Records orb' Monroe ounty, Ftorido, and being more Particularly described as foliowsi BEGINNING at a point on the South line of Martin Avenue at the North corner of said Lot 1, Block 4; thence run in a W Southwesterly direction along the Northwest lire of Lot 1. for 25,00 Feet] thence run in a Northw aterly direction along o Nor°thw st rX-ty extension of the uthwestetter line of Lot 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 Liras 10.00 feet Northwesterly of the Northwest titre of Lot 1 For 17.14 feet ,m to a point on the South line of Mar-list A nna thence run in an Ea terty direction Wong the South tine of Martin Avenue for 12.72 fret back to the POINT OF BEGINNING- c Contairflng 210.72square feet, CL 12.72'12.72' P,D,B. SUBJECT a t8 PARCEL �, .p. 1VY i ��4 �, F 1(1'6f1'9 � d < /0- Q p % c zy DES ERIP Lat :, Bla according at Page BC Qy and being -, BEGINNING , .. the Worth t8 a fear ?'5.00 ,% } ° 4 Nolthv e_ for PC ga f thence rut 5 6 Figure— 8 Excerpt of Boundary Survey 7 8 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 8of13 Packet Pg. 2444 R.1.b 1 Lot 2: DESCRIPTIONi The Southeast 10 Feet of a 20 foot wide alley eron ti uou to 1-ot 2, Plocht 4, REVISED AMENDED Pt-AT OF RTVIERA VILLAGE ea cordinq to the Flat th r o cis Recorded In Phot Book 2, at Page 0 of the Public Records of Monroe County, Florida, and oeing more Particularly described as follows; C:F7 MENCM at a point on the South lire of Marlin Avenue at 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 hereinafter de crib d' 'thence continue in o. South'twes t 'r"ly � direction along the Northwesterly tare of twat 2 for 25.00 feet 6 thence rur in ca Northwesterly direction Qlonq o Plorthwester, 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 2 to ca point: or, the Niorthwesterly extension of the North ea t rl lire of Lot 2j, thence run In a Southeo t rly direction along said Northwesterly extension For 1000 Feet back to the POINT OF BEGINNING.. Containing 0 0 rquore feet, CL 2 RUL, a W n SUBJECT% ° d c PARICEL 6a 4oPaoo f w z , r Ylp Q, c. DES S The S. 4c wow 'f Lot 2VK I. !, yjS ac core of Pa C �k the N, T 4 s0� n. elei� irect 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. 2445 R.1.b 1 Lots 3-5: DESCRIPTIOM The Southeast 10 feet: of a 20 foot wide valley 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 Poge 80 of the Public Records of Monroe County, Florida arid being mare port cu(ar^ly described as follaa COMMENCING at ca point or) the South lire of M arlrra Avenue at the North corner of said Lot 1, Block 4� thence run in o 0 Southwesterly direction along 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 Lots g, 4 and 5 for ai 00 feed thence run in as Naar~+:hwesterly direction along ra CD C Northwesterly extension of theSouthwesterly lire of Lot ®_ for 10.00 feet to a paint r, the centerline of sold 0.00 foot valley; thence run in o Northera terty direction on ca line 10,0C1 feet 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 direction atong said northwesterly extension for 1.0.00 feet knock to the POINT PP BEGINNING. Conto ninrg 7 0 00square feet, CL 2 xs. 4 Ay c } y % 'Z' ` ✓ A- DE Lot q qa fY rb �' Vl}CL r 5 For e t CUM G3 ti. the � QgsF• 4 Yl C� di'f 4 Figure- 10 Excerpt of Boundary Survey 5 6 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 10 of 13 Packet Pg. 2446 R.1.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; 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 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. E 23 24 The Applicants state: "Current right-of-way is not used by or for public use nor private , 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 E 27 property owners) and show that the northeastern half of the right-of-way (from 0 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 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 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. 2447 R.1.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 a� 16 (2) Have the only platted access eliminated; 17 18 The right-of-way in question is not the only platted access for any property. 19 c. 20 (3) Have the paved area adjacent to that property increased for turn-around purposes; 21 or 22 23 A turnaround is not required for this proposed abandonment. 24 25 (4) Be increased in size. F 26 m 27 The properties of four (4) adjacent owners (the Applicants) will be increased r_ 28 in size by a total of 5,341.2 +/- square feet, which would be divided between 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 0 34 safety purposes, as determined by either Fire Marshal or County Engineer, a dedicated 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 38 No objections were given from Monroe County Fire Marshal, memorandum dated 39 July 30, 2020. 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. 2448 R.1.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 c 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 >, 20 39E,on Key Largo,Monroe County,Florida meets the criteria cited above and is therefore suitable 21 for abandonment. 22 E 23 RECOMMENDATION: 24 Staff recommends approval of the requested right-of-way abandonment. r- 0 0 Riolo,Barrios,Koon& Starkey Abandonment Petition File 42020-146 Page 13 of 13 Packet Pg. 2449 (OBJe,ABN`86eI11A W81AIN do leld`A811d pauaeuun-;uawuopuege MO ) SXaAanS paulgwoo:;u9wg3ejjV a_ N: ail SZtS # 'W'ad 'A;?SSDN 'S piAD() A5 = i.>; A. uma;a o 50Ies& JdddVW ONV l 1. 5 JWV fl 09891' N 230.3AJf1S 035N3311val ttZl 'frh oo9PP�E1 OZOZ/S4/L f>>.-a- V tY1 ', 3SO(1old V dO �� �p 3351VJ ) t pE.ioll'2Zuno�a��uolry oSee�I�� 1VNIOIJO 31-111a ONV ]JAMVN01S puo }caq oql a;1aa11aa P.. an11 sI puo uaosin 0dm ys1,2 6c MjurN `Lp—S 19 dEclsumul I, o 4-s 3Hl 1fIC)HIIM1 J—p A. apun you opod sarn uo.atl,San.ina ay}}oyy f4ijjao.Hga,aq I OI-IVA ION �ISSL4 Ell'oN cl.0!tLZ! 0gznV l0 @lT?JU«ia3>pPald w00» :Iuallj OLQ�,C 1 S E t[r.E�aE `Gqy x0g 0'd/flUr LI2iIH seasianq 88R8R as w xb s5Z0 8SR(t00:Xe,a /9900-ESWSOR) 0 ri:rrEi-n:Ey.. 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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 R.1.e 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 Fire Rescue Department 490 63'd Street,Ocean es Marathon,FL 33050 Phone: 305-289-6004 Fax: 305-289-6336 e3 July 30, 2020 Attn: Deborah Riolo >_ 4 Dolphin Road Key Largo, FI. 33037 c Re: Petition for road abandonment of alley between Dolphin Rd. and Marlin Ave. CL 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 E Deputy Fire Marshal Monroe County Fire Rescue Cc: James K. Callahan, Fire Chief R.L. Colina, Chief Fire Marshal File Packet Pg. 2457 R.1.e 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 0 I have reviewed the proposed abandonment application and survey and have no objection to the proposed abandonment. If you should have any questions or need any additional information please contact me. Thank you. r- 0 c Packet Pg. 2458 R.1.e County of Monroe Code Compliance bode s plia ce Depart e t .(� `+; ®ar of scanty ssioners 2798 Overseas Highway � ' �� Mayor Heather Carruthers,District 3 � Marathon.Florida 33050 Mayor Pro'Tern George Neugent District 2 Voice:(305)289-2810 Danny i{ohlage District, i FAX: (305)289-2 58 ��t � David{lice,District.4 � Syria J.Murphy,District 5 m We strive to be car°irz k professiirrral,and fair. lIze Aguila, Sr. Planning Commissionr i r Cynthia c r , Sr. Director Code Compliance E 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 by . Inspector Lisetteui . No violations were found. li c objections road abandonment. If you have questions, please feel free to contact me. Packet Pg. 2459 fit „ U iy g AA r[ (4if s G) Aj CL �IlI ay , ^5 I� W ,°����� EASEMENT BETWEEN NO VIOLATIONS FOUND PHOTOS TAKEN BY SR INSPECTOR L CUTIE 11-16-2020 Packet Pg. 2460 t t 4'11���4f'It; t ,!S 4� �n r it I '� 1 M{`�„�✓ �� �3$} _ �oU��., _ �' tt� x tt a � t - ,. Ax CL n t � .E+ 1i- ��4 � t t Ch EASEMENT/ALLEY BETWEEN 00511220000000/00511220000100/00511220000101 NO }� U VIOLATIONS PHOTOS TAKEN BY SR INSPECTOR L CUTIEPacket Pg. 2461 MONROE . � � , n AV% R.1.e s"t A st 3, 202 0, To ml Deb 10 1 Aphjn , 4- Refer ,cc Ittud Ahandonmnl 1 have �rSonal1 the location, in,question, Baud on that Dburvat,ion, wtdthe (num n lion pn-"VIdtd flic abancklum.ent 1or the ally w4kwent to Pantis 005112206()0011 0,05 1122D-001 1 1, 0051 1 t 00 0, OD51 1 1 -O 1), 005 1 1740-000000i and 005 1 1 fit- � 00 , '1 1 1 1 rl, i'vem Villoget, Key Lwipol thin. shoWd bc no Wdverse effulto the ormra.dons of the Shem,f offic w Based on thim, the ,en'. r"I's offl,0C, h , oh tion : Should yoOtt how., n, tkyn picame dog rwi h i .t: a o t pt tt t� i' 1 " (','Opt Don Fanelli, Suite 10 - -, 11 CL 110It FILL), S [0 _ P Ank � ,r lip, Packet Pg. 2462 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 c Deborah Riolo 4 Dolphin Road ai Key Largo, FL33037 Re: Letter of No Objection to Abandonment of the Alley Right-of-way between Dolphin Road and Marlin Avenue Dear Mrs. Deborah Riolo, c CL Please consider this communication a Letter of No Objection from the Key Largo Wastewater Treatment 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 Survey. Very truly yours, 0 By: t Nicholas W. Mulick, Esq., KLWTD General Counsel c� g I Packet Pg. 2463 R.1.f ",, is ". Monroe County, F . Abandonment of Alley BETWEEN DOLPHIN RD&MARLIN AVE Overview 0 own s � , S } £ ,f k�v �a m449VARI fN r`Ve r P111 F p;, Legend „ Centerfine Easements > �{ ti�g4*ts�xiftt£t 7��ry1 r � ° � , l h - Hooks � } s t o{� ilusr � � Lot Lines 'gv sr i s Road Center C. 119 Rights of Way � 3�", e 47 Shoreline Condo wilding Key Names E� 04lh F r�- ttt�`�i `�� G ., Subdivisions b1,. tip. } ;� {)� •��t:" F`: clj) Parcels � a �, '1 i ti � � E ' o i ,-W �� ,y yaw {{`. �t `4!o rCi a, i ,C... `s� f!9 . u ,. f771 k"mil fed is �.• e'r w �t s Sal E U CDate cre,Pted:12.19r202,0 ¢' Last Dtia Up loaded.12/9:/2020 2i28:54 AM Developed bySchneider Packet Pg. 2464 F-WED 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 a Riviera Village Sub-Division. Please contact Jim Yeager at 305-453-9864 for any further assistance. y 0 Sincerely, A v a E E c O Ricky Costa Area Mgr. Engineering SE Network Operations South Florida District J a File Large Sound DAD 110902 E r U Q Packet Pg:.2465 R. Ak COMCAST Ehgi*9e;vhg— .Design DiWerfteat 14P Ave Miramar, F) 3-3027 *e '3EI — 4 Dolphin Road > wf RE- Comeast Lefter of J) Objvcdon Way ba Property Owner( Rich Riolo Dear Mr. Riolo In review-uig yourr -9 ref. ) e w n 1 Coin c :t has no oNcredon l the , tkandonvni o this alley way.. Rised an ivviewing die, ".I,, Co e n...has na faciIifl s in th is locafiloii j; ,\ p" )�IEp U Ye�� p'y Ji J,SriS\ , "JS 1 Of S� Packet Pg. 2466 R. fi v i n p EL 11 I .� n m m hridd, yo:u have arty further question, leew fed 1"r" e lit c�kd I nv, aL 1 1254 or e- tria l ail, Digitally sign' Leonard LeonardI - ; Newbold 'a - 1 _ File Kyu,v Largo, Draw 4-1 Packet Pg. 2467 " ' R.1.f 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 M District 1 Kirk C.Zuelch Executive Directo ai September 1, 2020 Deb Riolo 4 Dolphin Road Key Largo, Florida 33037 RE: Abandonment of 20 foot wide Alley 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: 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 Marlin Avenue along with Lots 1 thru 9 and Lot 57, Block 4, as shown on the Revised Amended Plat of 0 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. W Should you have any questions or require any further information please feel free to call me. 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. 2468 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 0 open attachments you were not expecting. 0 Cheryl, ai You are correct,we have no objections. We have signed easement documents from each respective homeowner that will cover our preexisting service lines. m Thanks, 0 Josh Ellsworth Staking Technician II CL p Florida Keys Electric Cooperative, Inc. 91630 Overseas Hwy I Tavernier, FL 33070 T (305) 852-2431 • (800) 858-8845 • www.FKEC.com Rease consider the environment before printing this e-maii m 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> cc 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. ow Hi Josh, 1 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. 2469 0 K 3 F A _� 7 A °w dAl kj n t v� r,e,Pr1 �.,�. F � I'm available at 305-407-0924 to discuss. , Thanks, Cheryl 0 Cheryl Goffari,AICP Monroe County Planning& Environmental Resources Dept. � 3f 5- 07-C 924 � vvvvvv. canroecoanty-fl.�ov 2 Packet Pg. 2470 . _�, ..M. This document was prepared by: I Brittany Holley, Operations Assistant i I Florida Keys Electric Cooperative Doc#2288004 Bk#3052 Pg#1848 91630 Overseas Hw P. 0. Box 0377 Recorded 10/26/202Q 1.23 PI1d Page 1 of y% Tavernier, FL 33070-0377 Deed Doc Stamp$0.7t) �._... , - Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK,CPA Tax Parcel No: 00511270-000000 as AK: 10586 SPACE FOR RECORDING AREA WW DISTRIBUTION RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned grantors, (whether one or more) PROPERTY WNER(S1: JASON KOOK, MICHELLE KO ON, AND GERALD GRIG ON MAILING ADDRESS: 9 N MARLIN AVENUE, KEY LARGO, FL 33037 LEGAL DESCRIPTION OF PROPERTY: BK 4 LT 9 REVISED AMENDED PLAT OF RIVIERA VILLAGE P2- 0 KEY LARGO OR198- CL 115/16 OR36�9-285/ O 6 92-5 88 O 910-1687 OR966-1559C/T OR990-893 O 1068-1217 OR1186-1461 O 1634-2286 OR2152-861T/C O 2342-1543/45 O 2713-2122C/T OR2761-223213 OR2880-1077/78 in consideration of one dollar and other good and valuable 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: 0 "SEE EXHIBIT A" also a perpetual easement over, under, upon and across all streets, alleys, easements and rights of way in any subdivision 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, improvements, and additions to its facilities as the Cooperative may from time to time deem advisable including, by '2 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 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 y 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 by any other utility, person, association, or corporation; and the right to enter upon, cross and use other lands of the Grantors to provide access to the easements granted herein. m The undersigned agree that all poles, wire,and other facilities including any main service entrance equipment, installed f in, upon or under the above described lands at the Cooperative's expense, shall remain the property of the U 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 1 of Packet Pg. 2471 IN WITNESS WHEREOF, the grantors have hereunto affixed their hands and seal this day of dd2 0 (1)WITNESS SIGNATURE (1)W6NESS SIGNATURE (2)WINESS 5IGNATURE � (2) !�`NSS`SIGN — r ATURE d/ . r GRANTOl,,1SIGNATU4fms.-,,, Co- NTOR SIGNATURE _JASON KOON MICHELLE KOOK PRINTED NAME OF GRANTOR PRINTED NAME OF Co-GRANTOR N CL STATE OF: r6 STATE OF: dy COUNTY OF: f COUNTY OF: ' � Q The foregoing instrument was acknowledged before me The foregoing instrument was acknowledged before me By means of physical presence or online By means ofphysical presence or 0 online Notarization this `" Notarization this ✓ > - .........— m _ . (Date) (Date) By >14,1_ �•ti r W• BY _ _ ' '�1, �xr (Name of person acknowledging) (Name of person acknowledging) r O whq %s personally kno f 'to me or has produced who personally know,.tj,/0 me or has produced �+ T centilicat B.DAVIIS (Type of Ir as identificatio = as identification. u; SUS/WB•DAVIS m ° *, MY 1SSIOII GG 286N3 # ,,; MY ISSION#GG 200 EXPiRE$:April 25,2023 a x EXPIRE$:Apr12b,2= y 71vu Notwy PuhNc Lu cB � r A Notary Signati�re and Stamp Not=°,fy Signature and Stamp 0 0 0 Page 2 of 3 Packet Pg. 2472 (1)WITNESS SIGNATURE f _ L,, W (2)v l N[,5S SIGNATURE ai GRANTOR SIGNA ��� -PRINTED GRIGNON _ _ o PRINTED NAME OF GRANTOR CL STATE OF; COUNTY OF: — . ....._..... The foregoing instrument was acknowledged before me y means of physical presence or online 0 Notarization this 1 717, (Date) B � (Name of person acknowledging) r who i personally know6/,fo me or has produced — (Tyt _.. as identification. "` , SUSAN0.DAVIS f1tY00MMISSI0N#GG F. es MRES:+gYn®26,2023 U7 r o`' B""TlwNoWyNftUnd_ f a d Notar,� Signature and Stamp m 0 0 0 Page 3 of Packet Pg. 2473 �tap t S !' _NOW Air s , 01 !T p\ ail Bit i 1 sa i;t ci ty } _'�ttit rA+ jg CL � s, 1 No Ole 'o ON E ON t ' 4d q�q � t t)'Y f� \ V {a7-(n i �tsr t 4fi tit i` ,w "r t8 i� JAI Ca won 4 4 ,� t I Ili li;A s s Ihs LLi j ftsj 0 I E Its 1 kt i- �� t� till {4 fti Packet Pg. 2474 Sft 1 9>l�• ut `t� � �f f � 1 _ s i rc p � O .� > ct N U5 O ct OCt '4ct Q N •� Ct N ct c 0 p Ctct ot ct Oc ct p V� `tu ct v �e a ct N p. v� O i a w F Ctct �6 I-+�I O o u ct �I 7� Ct 04 14 •� , O ow �C04N w " �.�.�,, �•,a�n ry0�� c5�3 IWB a� bA C a� v (fir 14 F LJ it C k u¢� ki 1. I� L ��... 1 s Y J 1 0i' I dS f r .-1 'bi) N V� O 411 I� a� bA C a� v L } 17 A I 5 's Y JF c ss M1M1i� �—w '�iy a R 1 j _ G Ede w 1 2,7 Cj u ;A 9 ( Fj U V� O 41, I�