Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 19, 2002
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of a resolution setting the date, time and place for a public hearing
concerning the proposed abandonment of a portion of Fourth Street between
MacDonald Avenue and US Highway 1, Stock Island.
ITEM BACKGROUND:
Petition has been reviewed and approved by Planning, Engineering and Fire Marshal.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution setting public hearing for 3:00 PM on JULY 17, 2002, IN KEY
WEST.
TOTAL COST:
Petitioner pays
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney. OMBjPurchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVALc2~#-
JA E . HEN CK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
~?
Petitioners Spottswood Partners II, Ltd.
RESOLUTION NO.
-2002
A RESOLUTION SETIING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE PROPOSED ABANDONMENT OF A
PORTION OF FOURTH STREET BETWEEN MACDONALD AVENUE AND
US HIGHWAY 1. STOCK ISLAND. MONROE COUNTY. 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 COUNlY COMMISSIONERS OF MONROE COUNlY,
FLORIDA, that the Board will hold a public hearing on July 17, 2002 at 3:00 PM, at the Harvey
Govt. Center - Truman School, 1200 Truman Avenue Street, Key West, Florida, to
determine whether or not the Board will renounce and disclaim any right of the County and the
pUblic in and to the following described streets, alley-ways, roads or highways as delineated on
the hereinafter described map or plat, to-wit:
THAT PORTION OF FOURTH STREET, STOCK ISLAND, MONROE COUNlY, FLORIDA, LYING
BETWEEN THE NORTH RIGHT-OF-WAY UNE OF MACDONALD AVENUE AND THE SOUTH RIGHT-OF-
WAY UNE OF U.S. HIGHWAY NO.1 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 29, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNlY, FLORIDA; THENCE N 00019'00" E ALONG THE
EASTERLY PROPERlY UNES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY UNE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNlY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERlY UNE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 50.64 FEET ALONG
THE SOUTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO.1 TO A POINT; THENCE S 00019'00"
W A DISTANCE OF 341.30 FEET, ALONG THE WESTERLY PROPERlY UNE OF LOT 1, BLOCK 25,
THE WESTERLY UNE OF THAT PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE
COUNlY RESOLUTION NO. 62-1965 AND THE WESTERLY PROPERlY UNES OF LOTS 1 AND 20,
BLOCK 30 TO A POINT; THENCE N 89041'00" W A DISTANCE OF 50 FEET ALONG THE NORTH
RIGHT-OF-WAY UNE OF MACDONALD AVENUE TO THE POINT OF BEGINNING.
PARCEL ONE
BEGIN AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 29, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNlY, FLORIDA; THENCE N 00019'00" E ALONG THE
EASTERLY PROPERlY UNES Of LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY UNE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNlY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERlY UNE Of BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 25.32 FEET ALONG
THE SOUTHERLY RIGHT-Of-WAY UNE OF U.S. HIGHWAY NO.1 TO A POINT; THENCE S 00019'00"
W A DISTANCE OF 337.31 FEET, ALONG THE CENTERUNE OF FOURTH STREET TO A POINT;
THENCE N 89041'00" W A DISTANCE OF 25 FEET ALONG THE NORTH RIGHT-OF-WAY UNE OF
MACDONALD AVENUE TO THE POINT OF BEGINNING.
PARCEL TWQ
BEGIN AT THE NORTHWEST CORNER OF LOT 1, BLOCK 25, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNlY, FLORIDA; THENCE S 00019'00" W A DISTANCE OF
61.30 FEET ALONG THE WESTERLY UNE OF LOT 1 AND THE WESTERLY UNE OF THAT PARCEL ON
EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965 TO THE
CENTERUNE OF SAID EAST LAUREL AVENUE; THENCE N 89041'00" W A DISTANCE OF 25.0 FEET
TO A POINT ON THE CENTERUNE OF FOURTH STREET; THENCE N 00019'00" E ALONG THE
CENTERUNE OF FOURTH STREET A DISTANCE OF 57.31 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 25.32
FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1 TO THE POINT OF
BEGINNING.
PARCEL THREE
BEGIN AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 30, PLAT BOOK 1, PAGE 55, AS FOUND
IN THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 89041'00" W A DISTANCE
OF 25.0 FEET TO A POINT ON THE CENTERUNE OF FOURTH STREET; THENCE N 00019'00" E A
DISTANCE OF 280.0 FEET ALONG THE CENTERUNE OF FOURTH STREET TO A POINT; THENCE S
89041'00" E A DISTANCE OF 25.0 FEET TO A POINT LYING ON THE WESTERLY UNE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965;
THENCE S 00019'00" W A DISTANCE OF 280.0 FEET ALONG THE WESTERLY UNE OF SAID
ABANDONED PARCEL AND THE WESTERLY UNE OF LOTS 1 AND 20, BLOCK 30 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 held on the 19th day of June, 2002.
Mayor Charles McCoy
Mayor Pro Tem Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Jdroadset
ROAD ABANDONMENT PETITION
DATE Mtfllh 20/ UiV} PHONE_(3lJ<S)~orif - fR /DO
S~()'/gwotJd rtt~tnet6 JI} l.-~_
ADDRESS 50f; Flem;n~ SlYeet
~U(.ffl ~fycd befWtJoJ1--f1't:, NJ frl1 r,~ '1 hi- Of wa t{ ~f
STREET {EASEMENT to be abandonedMlAJl.IYla I d A'I.Pi1i1e-'1-11:Je, ~1JIh n iJi't Olol.k;l'-j Qt- U5 _
KEY 5m0?- IGLANP .
NAME
We hereby petition the Honorable Board of County Commissioners to renounce and
disclaim any right of the County and the public in and to the above-referenced street,
alleyway, road or right-of-way as further depicted and deScribed in the folloWing
attachments:
(EXhibit 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 Oeed(s) - Petitioners certify that they are the soJe owners of lot(s)
Portion of Fourth Street, Stock Island 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 Y3~ taxes
on their subject land have been paid.
(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)
Letters of no objectio"n from all adjacent property owners and list of names and
addresses of all adjacent property owners.
Petitioners seek the abandonment for the ~owing reasons:
-~~~ ~ MaNf>QE, CoilN, 1 -~AJ1Ji'-(DI\Ij)1T1otJAL L/'5E
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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 will be
provided to the County before the petition is presented to the BOCC.
Petitioners certify that the road to be abandoned does not end at water or that, if it does,
the road is not a dedicated and accepted right-of-way (including by operation of law due to
construction or maintenance by County). l
Is personally known to me.
Provided as identification
of County
WHEREFORE, Petitioners formally r:
Commissioners to grant this petition.
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Typed Not ry Name and Number
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PETITIONER
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Notary Signature and Seal
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03/21/2002 TBU 15:51 FAX 305 298 8575 Feldman.KoeniglBlghsm1th
MONROB COUNTY Frtg '1 263 B 1 6
Oll'li'tCrAL RECORDS: IlK.] 734 PG,] 658
~CO Oct 26 2081 84.06PM
)ANNr L KOLRAGR, CLERK
t nlS msrrumeJll prfJ~" oy: Il BB 0 DOC S T A ftl'.19. 1. 2 2 5 8 . 08
ChQl'{Q P. rittle. s.sqo\) J 0/26/20 01 ~ DI P c: LX
JS66 Llgwttnmr Loop
Oviedo. FL .127605
[Sp~e Above This Line For R.ecording Datal
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Warranty Deed
(SIJMOI)' 'OI1II-.FS 61'-02)
This Indenture, I"ado October 23, 2001. between Uelea Park Revocable Tnst, and Aau
Fral\ces HoUerida Renablc TJ1I5l. of the County of Monroe In the State of Florida. party of the first part, whose
post address is P.O. Box as. Key West, FL 33o.wc and Conll Hammock, LLC. a Floria ILnitellliabil~ complUlY.
~ ofthe second pllft. and whose post office aadress Is 210 S. hrsons, Ave.. Suite 12, Brandon., FL 335 II , and
Whose Taxpayer Idcndficatioa Numbcr Is . '.
Witnesseth:
That the said party of the rltSt part. for and in eonsldcralion of tho sum of $1 0.00 and other valuable
conaideration, to him hi hand paid by tho said party of tht PCOnd part. the receipt whcrtOf i$ ~ adcnowled~.
has gt8I'Ited. bargained and sold to the saId 1J8rty of the setond part. hl~ heirs and assigns foI1Mll'. tho fol1owins
doseribcd land. to wit: I'
SM Schedule A attached hereto and by reference incorporated herein
(for Information Only: Property Appraiser's ParcelldenflfiC#loft Num~ is 00124150 -000000
Subject to easement5. restrictions and reservations of record and b1xes for tho current year.
)
\
And the said party of the first part does hereby fully warrant the title to said land. and will defend the same
against the lawful claims of all persons wJtoJnSo..'Ver. ;
Signed, sealed and delivered in the presence of:
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Print M,ALA-~. AJ.I.s
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Signed, scaled aM delivered in the prcstnce of:
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Helen Park Revocable TNSt
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Sign ~- (Seal)
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P~n cue on co.. Trustee
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Anna Francea Hollcrfch Revocablo Trust
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EXHIBITS C
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03/21/2002 THO 15:52 FAX 305 298 8575 Feldman,Koen1s&Blghsmlth
t'. Uj/U4
I1J 003
FILl ,~ 263 B 1 6
STATE OF FLORIDA ate ~ 1 7 3 4 PG, J. 6 5 9
COUNTY Of" MONROE
!~
The foregoing instrument was acknowledged befoRlll'le this qlt\ day of ~
200 I, by Joyce Perez and Bernadette I.annoo.. as co- Trustees ofHden Park Revocable Trust. ow om ly ~
~ who has produced
as identification and whc{~did not) tako an oath.. .
{SeAL}
~-BIJ~~ .
STATEOFFLOR.lDA ~ ~Typ';Cl) I ....It:....
COUNTY OF MONROE W IOICIEOlItllInoyr...1NllUtct1llt.
The foregoing instrument W2q acknowledged ~me this ~ +.! day of a+",k-
2001, by Joyce Pem: and 8cmadette Lannon, as co.Trustees of Anna T81\CC5 Hollerich Revocable Trust, who IS
personally known in mil! or who hIlS produced '. _
-- as identification and who (did) (did not) take all oath.
{SEAL} NO'I
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(i) RobertE.
MY COMMISSlOJt 'CCI3IS41 ElCFIlES
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o3~~1/i~o2 TBU 16:62 FAX 305 296 857~ FeldDan,Koenig&B1sh6mith
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SCHBDULBA i
On Stock Island, and known On Geo. 1. McDonald's plat or su~on of Lots 1,
2, 3, 4, 5, 6 Section 35; Lot 2 Section 36; Lot 3, Section 2~: Lot 2, SeCtion 34,
Township 67 South, Range 2S East, which ~d plan9r subdivision is reoorded in
Plat Book 1, Page 55, Mo~ County, ~~, as 4>ts 1, 2,3,4,5, 6,7,8, 9 and
10, of Block Twenty-Five (25);
And,
I
On Stock Island, and known on Ceo. L. McDonald's plat or subdivision of Lots 1,
2, 3, 4, 5, 6 Section 35; Lot 2 Section 36; Lot 3, Section 26: Lot 2, Section 34,
Township 67 South, Range 25 East, which said plan or subdivision is recorded in
Plat Book 1, Page 55, Monroe County, R.ecqrds, as l.9ts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12,13, 14, 15, 16, 17, 18, 19, and 20 of Block ThirtY (30);
And,
That part of an abandoned road lying between Block ,25 and Block 30 in Geo. L.
McDonald's plat or subdivision of Lots 1, 2) 3, 4, 5, 6 Section 35; Lot!2 Section
36; Lot 3, Section 26: Lot 2, Section 34, Township 67 South, Range 2S East,
which said plan or subdivision is recorded in: Plat Bo.ok 1, Page 55~ Monroe
County, Records. .' I .
MONROI COUNT:!
OFFICIAL RICORDS
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MONROE COUNTY
GPPCCIAL RECORDS
Thill Doculllenr PrrpHrrd U,. and Rtfurn ro:
JOHN M_ SPOTTSWOOD, JR_, ESQ_
SPOTTSWOOD, SPOTTSWOOD , SPOTTSWOOD
500 FLEMING STREET
KEY WEST, FL 33040
I'.rcd II> Numb.r:
Warranty Deed
PILE #:1.
BK'1. - ~ 6 -4 7 ~ 9
6 ~ 7 PG, ~ :2 :2 6
RCD Peb 10 2000
DANNY 11: 30A"
L KOLE/AGe>, 11
" CLBRK
DEED DOC STA~
0~;10/2000 -:L:fL DE:'~~K
This Indenture, Made this 31st day of December ,1997 A.D.. Between
JOHN M. SPOTTSWOOD, JR., WILLIAM B. SPOTTSWOOD and ROBERT A.SPOTTSWOOD,
Trustees of the John M. Spottswood, Jr. Trust No. II u/a/d December
29, 1997,
uf Ihe CUlIllIy of Monroe Slale of Florida ,grantors, and
SPOTTSWOOD PARTNERS II, LTD., a Florida Limited Partnership,
of Ibe COUllt)' IIf Monroe
\\hose address is: 500 Fleming Street, Key West, FL 33040
Slale of Florida
Witnesseth Ihal the GRANTORS_ tGr and in consideralion oflbe Sum of
------------------------TEN DOLLARS ($10) -------------__________ DOI.I.ARS.
and olher good and valu;,blc eonsideralion to GRANTORS in hand paid by GRANTEE. Ihe reeeipl whereor is hereby aekno\\lcd~ed. ha\e
grallled. barg:lined :lnd sold to Ihe said GRANTEE :lnd GRANTEE'S heirs. successors 'I/ld 'lSsigns IGrcwr. Ihe lollowing described land. Silllale.
lying :lnd being inlh.-Collllly uf Monroe St"'e uf Florida 10 wil
, grantee.
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Subject to restrictions, reservations and easements of record, if
any, and taxes for the year 1997 and subsequent years.
Further subject to mortgages of record, if any_
This document was prepared without benefit of title search or
abstract and is based solely on facts provided by either of the
parties or their agent.
and the granlors do hereby lidly warrant Ihe litle to said land. and will detend the same againsl lawful claims of all persons whomsoewr
In Witness Whereof,the gran lor has hereunlo set
Signed, sealed and delivered in our presence:
.'
//
t .'
l'ri)nted
.. ~..' e.ss
'7..J1~L,
Printed
Witness
(Seal)
(Seal)
(Seal)
STATE OF Florida
COUNTY OF Monroe
Ihe li>regoing in"n,melll W:lS acknowledged bc/ore lIIe Ihis 31st day of DeCember ,1997 by
JOHN M. SPOTT SWOOD, JR., WILLIAM B. SPOTTSWOOD and ROBERT A.
SPOTTSWOOD, Trustees of the John M. Spottswood, Jr. Trust No. II
u/a/d December 29, 1997,
who arc person:llly known 10llle or who have prodllced Florida driver I s license:ls idenlifieation.
'?OTTSWO
/
,. -- '. .: "
Printed Nam7: _..J~Q.~I R. 8(~.\~. Gedmin
Notary Publ~c '.:' ('. ',;, "Y'-~"'''5''-'~J' r("7:."., rV'''r_
PHS '_~.164-7~9
BK'l 6 .1. 7 PGi/ ~ 2 4- 0
EXHIBIT "A"
,
Lot s 1, 2 , 3 , 4, 5 , 6 , 7, a , 9 , 1 0, 11 , 12 , 1 3 , 1 4 , 1 5 , 16, 1 7, 18,
1~ and 20, of Block 37, of McDONALD'S PLAT OF STOCK ISLAND, also
known a3 MALONEY SUBDIVISION, according to the Plat thereof'
recorded in Plat Book 1, Page 55, of the Public Records of Monroe
County, Florida.
ALSO:
A part: of First Avenue, Stock Island, McDONALD'S PLAT OF STOCK
ISLAND, also known as HALONEY SUBDIVISION, according to the Plat
thereof recorded in PIRt Bobk 1, Page 55, of the Public Records of
Monroe County, Florida, .abolished by the Board of County
Commis~joners, on October 14, 1952.
ALSO:
All of Block 40, of McDONALD'S PLAT OF STOCK ISLAND, also known as
MALGN~Y SUBDIVISION, according to the Plat thereof recorded in Plat
Book I, Page 55, of the Public Records of Honroe County, Florida.
" \. .J II ."""M HI. ._,.. ........ ~T ~I" "_0.
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. ~ I-- ~matiYe line 341520
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aiad. . . . . _ ,...._. I ...
CAYO INYESTMENTS../ INC . a fl.9r1da ~oJ'Porat1on . .... -:~::.:-": '~ .~t:.f;
;,'::1f.~-:~~2~~-/ ~)'/IP"'IJ ~ .r7'~.?- . . ":'_~..,. :'.~~
j.:-:- '. :' " .:. - . , of tM CoMlLtV: ()/'?: ~/I!'.
.-- . '~l. ~nroe , 4M Skit. 01 - P:J.or1da . TJCJrl!I 01 u.:.. ~ 11<<rl;[~).. r.:~
. .Wibies8eth,1A4e Ul4,aid. party 01 tJu /tne pan, /0,. 4nd in co~."o/f!" :;-tr.'.
1M "-of' TEN DOLLARS AND OTHEJI GOOD AND VALV"BLE CONSIDEMTIO~~ ~'\&:.
. ~ ha:iUI J1ti!!lbv!M ItII.d pa.rlg 01 fA. .~panl tM receip' UlM7WJf iO"eHlrg tUIt:aotD1,. i" ..,:..._.
. iItlbtJ/f;tru. -7'fI7IIU<<l, ,.~<<I, tuI~ qu:UclaJomM. and. by MR_ pr.,eb4 dDu:t'tJlflt.UtI,'j;.. -...:..l
:J.;..~~iiti!-~l4im. un", tAe said ~ 01 l1u8econ.d ptJrltz,ll'-V rl4AJ,:ti,r,.~~i7a~!: ~
~ua ~cllDltich. tM .,aid PGrl!J or u....jb-d pcu-t h4.r m aM..to u.... j"DlltTUti,ilil. ''iM
claorlW l.ol DO, pi<<:tt is 07" pa.rcd is of ZtuUl, mU41tl lyin4 (S)&c:l Hint i.... -u.. Ctni.nty 0/",: :. ".:_
". 'or. :,.: MONROE Bea.u of FlorU:lQ,. to wit: . .. . . :.!, : ',:';.,
. . ....1." ... ,_.._
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;.?, :-:k":::~ot~J:~ 2). 3~ 4. 5. ~ 7. 8. 9...10. ll~ 12, 13~ '.; ..,:~.~~~:~~~.;~~: ../
t.~~I". 15~ l~. 17~ 18. 19. and.20..Block 29~ McDONALD'S:....~':.:..;~{_:.;..~
Y.:.~~;r;'sUBDIVIsXON} accord1ns to the Plat thereot recorded - . .,:';'f-..; '_;\" ;~.~
:-:-'jn Plat BOOk 1. Page 55~ or the P\lb11c Records ot ._ '~~;'''';y:i. ~.'i:;\-
. ,. ;','::-iIonroe Countf. Flor1da. also described as In the Island :'.~ ';.~. :" ~;:. :it..,
. .~i:;rof Stock Island and being all of Bloc.c 29, aeeor~.to'.!...:~.:_:::~.~' ;:;iJt
GEORGE L. KcDONAlJ).S map of Lots 1. 2, 3. 5 and 6,. of....:.~!:;::.~!t.: :~~~
Sec.tion. 35. toe ,; of Sec.tion 36, Lot 3 of Section 26. aDd -':.,;.'. ~t:,:.. ..::~(~
tot 2 of Section 34. all in Township 67 South.'of Range:.a~~"7'::. ~.
East, recorded in Plae Book 1 at Page 55. Monroe County,. .~: .' :.... -~i;.:.:
Florida, Rec.ords. . . .;::.. ...': , . ,~.._.~ ~~-:_
. ,.;', ;:.}j.:';~::<~ X~,
-. . To' Have ftud to B"ld Ow IturW, tDt,u.u U1itIt. all end .~ 4.:' .'. ~~
. .tI.~, 1Mr4Rmto ~107&p;n.~ rn- in al'l.1JZUlI~ apperla.f.nin4, (S)&c;l a.U u.. Hta.U;
rillfl, '"", ~, tI.IId cla.im Ulh4UotlllU' of eM .cUd. 1HU'fI nf Uu fin' po.rl, eilJwo in..
lGw or ~. 10 eM OlL'" J1P'aper UN, 1Ie1UjU tuullJeMoJ! 01 tJuJ .aill )YJJ'ty 01 t.W 'eco1ld
port. . . :
. . In WitDeea Whereo( the mid pa.rl,y 01 eM fb-d pari ha.I MP"nlAIo I. 1U.
1uuId aM IW duJ day u.ti '!J'G'I' fin, caMe 1c11'itteA. . _ .;
~~"""__"'Oor~ . ~ H. CAPPS ~~_SAtl!S
l!J,;j;,!j~ Ij{ BY.~>>tw=.
(1":') ~
MONROE COUNTY .A
S fFl oda D EOUlA~~.L~ ..
tate 0 on, /~~ 15.~~ - .
CDaaI~. MONROE
I HEREBY CERTIFY. TJuJt 07& tAt, ddy pe,,01ld!y OPPeeJ,e4 be/or. m., 4" o1Jf.Ct"
dtdJl4u'Aomed to odmJn.&.ter ootlu oIId toko oCk"oID1cdtm,c7&U,
ChARLEs H. CAPPS,SK-PRESIDENrzCAPPS ENTERPRISES, INC.,
d/b/a CHAIlLES M. CA:i?PS TRAUtH SALES . '.' _ . '
~ m. well bolfm. to b. tAo per.on. ducribccl ilL (l'Ul wAo eztJcut~-.)?;'~io-;~i,int
JJlltncm.nt and GcI..7I.OUlul/.#ed. belor. Ine cliCrt .:', . :" " .
aecu.t<<j the "411&, I,.ely 4nd lJOluntonllllo, the purpMe. t,'&c'cin:f_Ji~iu.;;a: "'~'::"'. i
WJTNESS my haM and ()lJfciol ~llGt at .: .~; 1.(:. ..J ~_~~.
Oounty 01 Mon:'oe , G"d Stotc 0/ Florida, t/oh._' .';94 ~ ;'~.
"" 0/ FebruarY;I. D. 18 81... M' '.:.... -~ '?'" ....::-
~_.I I orne'" .c<Otds "'0 ~ . . '. ..' . ' .
ll__..,. " flO ill> A""T"/ .......... '.
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"Dr.!';:'! ,~ I<~Lli~G NOt4.,. IMQ_ ,*IC STA,i or 1Ula,~ A'l1MQf
... . ~"-'" Co:!rl .M" nr. ,,.d.Jl_.i_~_._.... .._ ~ ....
February
~ ..
;:. ~
.o.l~al
"'. ..
CHARLES H. CAPPS TRAILER SALES
tIS Pal.!
DEC Z7 '95 16: 13
3052942443
PAGE. ell
'f ~ FILE #1189486
tt I~o--JJ CO BK:1643 PG#1013
~ta ..~' ~.- '": flba
1!Jrpartmrnt Df @ltatr
RCD Jul 13 2000 04:28PM
DANNY L KOLHAGE, CLERK
I certify the attached is a true and correct copy of the Articles of Merger, filed on
December 17, 1999 effective December 31, 1999, for SPOTTSWOOD
PARTNERS GP, INC. which changed its name to SPOTTSWOOD PARTNERS,
INC., the surviving Florida entity, as shown by the records of this office.
The document number of this entity is P98000030413.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capitol, this the
Twentieth day of December, 1999
CR2E022 (1-99)
.x~JYlfTns
~hrt1r.erin.e ~arri5
~urrtnr~ of~tntr
................. ............~A.;JhJ "'.... .&.,.a....&.:J..I.,,'-JI~...~
J..Jl \ "It ...L '0 '* ...=> t' G IF l (0 1 4,
OF .
CA YO INVESTMENTS, INC.
INTO
SPOITSWOOD PARTNERS GP. INC.
Pursuant to the provisions of Section 607.1105 of the Florida Business Corporation Act (the
"Act"), the undersigned Florida corporations adopt the following Articles of Merger pursuant to
which CA YO INVESTMENTS, INC. C'Cayo"), a Florida corporation, shall be merged (the
"Merger) with and into SPOITSWOOD PARTNERS GP, INC. ("Spottswood OP"), a Florida
corporation:
1. Spottswood OP, a Florida corporation, shall be the surViving corporation of
the Merger ("Surviving Corporation"). Cayo, a Florida corporation, shall be
the merging corporation ("Merging Corporation"). Upon consummation of
the Merger, and pursuant to the Plan of Reorganization (as hereinafter
defined), the name of the Surviving Corporation shall be Spottswood
Partners, Inc.
2. A copy of the Agreement and Plan of Reorganization, dated as of the 10th day
of December, 1999, to which each of the Merging Corporation and the
Surviving Corporation is a party (the "Plan of Reorganization"), is attached
hereto as Exhibit" A" and incorporated herein by reference.
3. The Merger shall become effective at midnight on December 31, 1999.
4 The Plan of Reorganization was adopted by the shareholders of the Surviving
Corporation by written consent without a meeting in the manner prescribed
by the Act on December 10, 1999. The Plan of Reorganization was adopted
by the shareholders of the Merging Corporation by written consent without
a meeting in the manner prescribed by ~e Act on December 10, 1999.
IN WITNESSETII WHEREOF, these Articles of Merger have been executed as of the 10th.
day of December, 1999. EfFECTWe DATE
By:
S, INC., a Florida
By:
1:\W-AG'N3432\OOO\art-merg.drl
AGREEMENT AND PLAN OF REORGANIZATION
(I
A
J
BK# 1 6 4, 3 PG# 1 0 1 5
I .
~
AGREEMENT AND PLAN OF REORGANIZATION, dated as of December 10 1999
(the "Agreement"), by and between CA YO INVESTMENTS, INCo, a Florida corporation ("dayo")
and SPOITSWOOD PARTNERS GP, INC., a Florida corporation (the"Surviving Corporation"):
WITNESSETH:
WHEREAS, the respective Boards of Directors of each of Cayo and the Surviving
Corporation have determined that it is in the best interest of Cayo, the Surviving Corporation and
their respective stockholders that Cayo merge with. and into the Surviving Corporation (the
"Merger") pursuant to the terms and conditions contained herein, and that the name of the Surviving
Corporation be changed to "Spottswood Partners, Inc." upon the effective time of the Merger; and
WHEREAS, the authorized capital stock o(Cayo consists of 5,000 shares of common stock,
par value $1.00 per share (the .Cayo Common Stock"); and
WHEREAS, the authorized capital stock of the Surviving Corporation consists of 1,000
shares of common stock, par value $.01 per share (the "Surviving Corporation Common Stock"); and
WHEREAS, upon the effective time of the Merger, the par value of the Surviving
Corporation Common Stock will remain at one cent ($.01) per share; and
WHEREAS, the Merger will be accomplished by Cayo being merged with and into the
Surviving Corporation pursuant to which (a) all of the outstanding shares of the Surviving
Corporation Common Stock shall not be converted as a result of the Merger, and following the
Effective Date (as hereinafter defined) all shares of the Surviving Corporation Common Stock
heretofore authorized shall be authorized shares of the Surviving Corporation, ~d all shares of the
Surviving Corporation Common Stock then issued and outstanding shall remain issued and
outstanding, shall be fully-paid and nonassessable by the Surviving Corporation, and shall be subject
to all the provisions of this Agreement, and (b) all of the shares ofCayo Common Stock issued and
outstanding immediately prior to the Merger will be canceled and no longer issued or outstanding;
and
WHEREAS, Cayo and the Surviving Corporation are entering into this Agreement to set
forth the terms and conditions of the Merger.
NOW, THEREFORE, in consideration of the mutual promises herein contained and
intending to be legally bound, the parties hereto agree as follows:
1. MERGER
1.1 The MeI:ier. On the Effective Date, Cayo will be merged with and into the
Surviving Corporation under the terms of this Agreement, and the separate e~stence of Cayo shall
be merged into and continued in the Surviving Corporation. At the effective time of the Merger, the
name of the the Surviving Corporation shall be changed to .Spottswood Partners, Inc.".
1:\W-AGT\33432\OOO\REORG-AO.drl
~- .'--'6 ~ -=-= <::> t:::::)
BK# 1 6 4, 3 PG# 1 Q) 1 6
1.2 Eff~ts of the Merger.
(a) Transfer of Assets and Liabilities. Upon the consummation of the Merger,
the separate corporate existence ofCayo shall cease as a consequence of the Merger. On and after
the Effective Date, all rights, franchises, property, powers and other interests (whether tangible or
intangible) of each of Cayo and the Surviving Corporation, and all obligations and liabilities thereof
shall be transferred to, be vested in, and become the obligations of the Surviving Corporation by
virtue of the Merger, without any deed or other instrument of transfer.
(b) Articles of Incorporation and By-laws. The articles of incorporation of the
Surviving Corporation as in effect immediately prior to the Merger, shall be the articles of
incorporation of the Surviving Corporation (the "Articles of Incorporation"), except that Article I
thereof shall be deemed amended in the Merger to change the name of the Surviving Corporation
to.Spottswood Partners, Inc.". The by-laws of the Surviving Corporation in effect immediately prior
to the Merger shall be the by-laws of the Surviving Corporation (the "By-laws"), except that any
references to the name of .Spottswood Partners OP, Inc." in such By-laws shall be changed to
.Spottswood Partners, Inc.".
(c) Name and Place of Business. The business of the Surviving Corporation
following the Merger shall be identical to that of the Surviving Corporation and Cayo and shall be
that of a Florida corporation organized for the purpose of transacting any and all lawful business.
(d) Board of Directors. After the Merger, the Board of Directors of the Surviving
Corporation shall be identical to the Board of Directors of the Surviving Corporation immediately
prior to the Effective Date.
(e) Executive Officers. After the Merger, the executive officers of the Surviving
Corporation immediately prior to the Effective Date shall constitute the executive officers of the
Surviving Corporation until such time as their respective successors have been elected and qualified.
1.3 Effective Date. Subject to the satisfaction or waiver of the conditions
precedent set forth in Article 3 of this Agreement, the parties shall cause the Merger to become
effective at midnight on December 31, 1999.
20 CONVERSION OF STOCK
2.1 Conversion of the Surviving Coworation Common Stock. OntheEffective
Date and as a result of the Merger, all outstanding shares of Surviving Corporation Common Stock
shall not be changed or converted and shall hereafter be the authorized shares of the Surviving
Corporation. Any shares of Surviving Corporation Common Stock not issued as of the Effective
Date shall remain authorized but unissued shares of capital stock of the Surviving Corporation.
2.2 Conversion of Cayo COJWDon Stock. On the Effective Date and as a result
of the Merger, each share of the Cayo Common Stock issued and outstanding immediately prior to
the Effective Date, shall be canceled and extinguished without any payment or other consideration
made with respect thereto. .
30 CONDmONS. The obligations of the parties hereto to consummate the Merger and
the other transactions contemplated hereby are subject to the satisfaction of each of the following
conditions:
1:\W-AG'n33432\OOO\REORG-AO.drl
2
u!\.it ..L 0 q ...:S PG# 1 (2) 1 7
\ ~
, 3.1 - Board Apjlroval. The authoriZation of this Agreement and the Merger by the
respective Boards of Directors of each Cayo and the Surviving Corporation shall not have been
revoked or adversely modified.
3.2 Stockholder Approval. This Agreement and the Merger shall have been duly
approved and adopted by the affinnative votes of the holders of a majority of the outstanding shares
of the Cayo Common Stock and holders of a majority of the outstanding shares of the Surviving
Corporation Common Stock.
3.3 Other Approvals. All other consents and approvals and the satisfaction of all
other requirements that are necessary, in the opinion of Cayo or the Surviving Corporation, for the
consummation of the Merger shall have been obtained.
40 MISCELLANEOUS
4.1 Successors. This Agreement shall be binding on the respective successors of
each of Cayo and the Surviving Corporation.
4.2 Countex:parts. This Agreement may be executed in one or more counterparts.
4.3 Governin~ Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the Boards of Directors of the parties hereto have approved this
Agreement and the duly authorized officers of each have executed this Agreement on their behalf
as of the date fU'St above written.
MONROE COUNTY
OFFICIAL RECORDS
1:\W-AGT\33432'<OOO\REORo..AG.drl
3
LEGAL DESCRIPTION
THAT PORTION OF FOURTH STREET, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING BETWEEN
THE NORTH RIGHT-OF-WAY UNE OF MACDONALD AVENUE AND THE SOUTH RIGHT-OF-WAY UNE OF
U.S. HIGHWAY NO.1 MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 29, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00019'00" E ALONG THE
EASTERLY PROPERTY UNES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY UNE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY UNE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 50.64 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO. 1 TO A POINT; THENCE S 00019'00" W A
DISTANCE OF 341.30 FEET, ALONG THE WESTERLY PROPERTY UNE OF LOT 1, BLOCK 25, THE
WESTERLY UNE OF THAT PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY
RESOLUTION NO. 62-1965 AND THE WESTERLY PROPERTY UNES OF LOTS 1 AND 20, BLOCK 30 TO
A POINT; THENCE N 89041'00" W A DISTANCE OF 50 FEET ALONG THE NORTH RIGHT-OF-WAY UNE
OF MACDONALD AVENUE TO THE POINT OF BEGINNING.
PARCEL ONE
BEGIN AT THE SOUTHEAST CORNER OF LOT 11, BLOCK 29, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00.19'00" E ALONG THE
EASTERLY PROPERTY UNES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY UNE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY UNE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 25.32 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY UNE OF U.S. HIGHWAY NO.1 TO A POINT; THENCE S 00019'00" W A
DISTANCE OF 337.31 FEET, ALONG THE CENTERUNE OF FOURTH STREET TO A POINT; THENCE N
89041'00" W A DISTANCE OF 25 FEET ALONG THE NORTH RIGHT-OF-WAY UNE OF MACDONALD
AVENUE TO THE POINT OF BEGINNING.
PARCEL TWO
BEGIN AT THE NORTHWEST CORNER OF LOT 1, BLOCK 25, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 00019'00" W A DISTANCE OF
61.30 FEET ALONG THE WESTERLY UNE OF LOT 1 AND THE WESTERLY UNE OF THAT PARCEL ON
EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965 TO THE
CENTERUNE OF SAID EAST LAUREL AVENUE; THENCE N 89041'00" W A DISTANCE OF 25.0 FEET TO
A POINT ON THE CENTERUNE OF FOURTH STREET; THENCE N 00019'00" E ALONG THE CENTERUNE
OF FOURTH STREET A DISTANCE OF 57.31 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
UNE OF U.S. HIGHWAY NO.1; THENCE N 81015'35" E A DISTANCE OF 25.32 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO.1 TO THE POINT OF BEGINNING.
PARCEL THREE
BEGIN AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 30, PLAT BOOK 1, PAGE 55, AS FOUND IN
THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 89041'00" W A DISTANCE OF
25.0 FEET TO A POINT ON THE CENTERUNE OF FOURTH STREET; THENCE N 00019'00" E A
DISTANCE OF 280.0 FEET ALONG THE CENTERUNE OF FOURTH STREET TO A POINT; THENCE S
89041 '00" E A DISTANCE OF 25.0 FEET TO A POINT LYING ON THE WESTERLY UNE OF THAT PARCEL
ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965; THENCE S
00019'00" W A DISTANCE OF 280.0 FEET ALONG THE WESTERLY UNE OF SAID ABANDONED PARCEL
AND THE WESTERLY UNE OF LOTS 1 AND 20, BLOCK 30 TO THE POINT OF BEGINNING.
EXHIBIT D
DATE:
November 25, 2001
TO:
William B. Spottswood
Spottswood Companies
506 Fleming Street
Key West, FL 33040
FROM:
AT & T Cablevision of Florida
1700 N. Roosevelt Blvd. Unit #2
Key West, FL 33040
RE:
Spottswood Partners II, Ltd.
Petition for Road Abandonment
Portion of Fourth Street between Macdonald Avenue & US Hwy 1
Dear Sirs:
We have no objection to Spottswood Partners II, Ltd. petitioning for the vacating of a
portion of Fourth Street between Macdonald Avenue and US 1, as shown on the attached
plat.
AT& T Broadband
1700 N. Roosevelt Blvd.
Unit #2
Key West, FL 33040
By; <>Jy"'l y1~
Title: G",)f ~ Fr VI~"""
EXHIBITS E
BELLSOU1H
TaECOMAIfJIIIC'.ntW.. @
650 UIl.ilL"d Sl
Key Wes\. FL 33040
Office: n05.> 296-9078
Facl'lilllil~; f 305 I 294-4062
Fchruury 2, 2001
William B. Sputtswood
50b Fleming Street
Key West, FL 33040
Subject: Roadway Abandonment of Fourth Stred between IIt.e North r;8ht D/ wa)' of
MacDonald Avenue and the SDuth right of way "1 (.IS H;~hw(1Y I, Stock ltland
Plat Book 1, Page 55, Monroe County, Florida
To Mr. Spottswnod:
Our engineering department has reviewed the above referenced request. presently, BeIJSoulh
ha.~ existing facilities along the area in question_ BellSouth does n(.lt object.to the abandonment
of the above referenced Right of Way provided that un easement is granted to allow those
facilities to remain :lI1d1or reimbursement for the relocation nfth~ facilities has been udvanced_
Jf further assistance is needed, please: do not hesitate 10 call, g.arl Beck, ut Q05) 296-C}07!.
UTILITY BOARD OF THE CITY OF KEY WEST
January 17,2001
TELEPHONE: (305) 295-1000
POST OFFICE DRAWER 6100
KEY WEST, FLORIDA 33041-6100
www.kwcityelectric.com
Mr. William B_ Spottswood
Spottswood Companies. Inc.
506 Fleming Street
Key West, Florida 33040
RE: ROAD ABANDONMENT
PORTION OF MACDONALD AVENUE, STOCK ISLAND, FLORIDA
Dear Mr_ Spottswood:
City Electric System has no objection to the proposed abandonment as per attached survey. City
Electric System (CES) has existing facilities located on the proposed abandonment and will need
a general easement with vehicular access provided and maintained_ CES has no objection once
this easement is received.
If you have any questions regarding this easement, please feel free to contact me at
(305) 295-1045_
Sincerely,
UTILITY BOARD-CITY OF KEY WEST
NCITY ELECTRIC SYSTEM"
Raymond Co Rodriguez, General Manager
~~/~
.- 1 --
Dale Z_ Finigan
Director of Engineering
DZF/ba
c:
R Rodriguez, General Manager
C, Jansen, Asst. General Manager
D. Price, Engineering Supervisor
File: ENG-006
UTILITY BOARD MEMBERS:
sandylspoltswood Robert R. Padron, Chairman. Or. Otha P. Cox, Vice-Chairman
Leonard H. Knowles, Member. Gayle Swofford, Member. Lou Hernandez, Member
Post Office Box 1239
11 00 Kennedy Orive
Key West, Florida 33041-1239
Telephone (305) 296.2454
J. Robert Dean, Chairman
Key West
Florida Keys
Aqueduct Authority
Thomas R. McDonald
Vice-Chairman
Tavernier
Fred Shaw
Secretary- Treasurer
Big Pine
Albert O. Appell
Duck Key
February 26, 2001
Linda B. Wheeler
Key West
Roger Braun
Executive Director
William B. Sp ood
Spottswood Companies, Inc.
506 Fleming Street
Key West, FL 33040
RE: Road Abandoment for Portion of Fourth St.
Stock Island, FL
Dear Mr. Spottswood:
The FKAA Board of Directors approved at the February 21, 2001 meeting, the above referenced
project.
Pursuant to your request for the abandonment of the above-reference property, between the South
right-of-way of US #1 and the North right-of-way Mac Donald Ave., Stock Island, Florida. This
road was platted but never developed and is presently encroached upon by a part of Coral Isle
Trailer Park and since we have no facilities in that area nor will any be needed in the future.
Staffhas researched your request and have no objection to this partial abandonment of Fourth St.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
~~~~
Edgar F. Nicolle, Jr.
Distribution Design Specialist
EFN/cma
cc: Bob Feldman, General Counsel
Arlyn Higley, Director of Maintenance Dept.
Monroe County Building Department
MONROE COUNTY
OFFICIAL RECORDS
FILE # 1 2 463
BK# 1 7 1 1 PG 5 8
#889
This Document Prepared By:
Robert A. Spottswood, Esq_
KEYSTAR, Inc.
506 Fleming Street
Key West, FL 33040
RCD JUl 18 2081
DANNY L KOLHAGE
I
03r14PM
CLERK
EASEMENT
DEED DOC ST~
07/18/2001 0.70
DEP CLK
KNOW ALL MEN BY THESE PRESENTS, that
SPOTTS WOOD PARmERS II, LTD.
hereinafter called grantor (s) does hereby grant a non-exclusive easement to THE
UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA, hereinafter called
grantee, for public utility purposes, in, under, over and across the hereinafter described
land, for installation and maintenance of underground primary, pad mounted transformers
and all appurtenances necessary to be used in conjunction with Phase 2 of Stock Island
Shops, to wit:
The Easement Area shall be limited to an area on the land described as follows:
See attached Exhibit "An
This easement shall terminate if at any time its use is discontinued for two (2) year (s)_
IN WITNESS WHEREOF, these presents have b n executed by the grantor (s) herein,
all as of the 1'8 day of J u ( ~ ,20. Signed, Sealed and Delivered in the
presence of:
~ IIit LJ J P..vi lit U--
Witness SWet bt F. Pc Il..f.tc.r
Spottswood Partners II, Ltd., by
Spotts wood Partners, Inc., its general partner
STATE OF FLORIDA
COUNTY OF MONROE
SEAL
On 3'""u ''/ ,~ ,2001, before me the undersigned, a Notary Public in an for said County
and State, personally appeared Robert A. Spotts\\:,ood, Vice President of Spottswood Partners II,
Ltd. known to me to be the person whose name J17 subscribed to the within instrument and
acknowledged that he fif)n~uted the same_
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Notary Public Signature
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FILE ,1. 2 4 6 3
BK,1. 71.1. PG'~ ~ 0
LEGAL DESCRIPTION:
R9CJd' "'banQgnro~t..(~~~~:~9ne-..~Twoand.:r-h~e~~:::~ ..~.-._..-.... .h,_
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That portion of Fourth Street, Stock Island, Monroe County, Florida, lying between the North right-o;~~yline-'
of MacDonald Avenue and the South right-of-way line of u_S. Highway No. 1 more particularly described as'"
follows:
PAi'llONE -
,B.g;,;,~t the Southeast corner of Lot Il. Block 29, Plot Book I, Page 55, as found in the Public Records of Monroe
. County, Florida; thence N 00' 19' 00" E along the Easterly property lines of lots Il and 10, Block 29 and t~
eost~rly line of that parcel on East Laurel Avenue abandoned by Monroe County resolution 294-1989 and the
Easterly property line pf Block 26 to a point on the Southerly right-of-way line of u.S. Highway No. 1; thence N
610 15' 35" E a distance of 25_32 fed along the Southerly right-of-way line of u.S. Highway No.1 to a point:
the.nc.e S 00019' 00" Wa distance of 337.31 feet, olong the ce...terline of Fourth Street to a point; thence Na9.o
41' 00" Wa distance of 25 feet along the North right-of-way Ifr.e of MacDonald Avenue to the Point of Beginning
MONROE COUNTY
OFFICIAL RECORDS
....
-., "'" .."'''~ lIlun .A.;)~ v..
DATE:
TO:
FROM:
RE:
Dear Sirs:
......... "P"~
...-ld..lI!1.'. .~'._"-'
fll ooa
November 25, 2001
William B. Spottswood
Spot1swood Companies
506 Fleming Skeet
Key West, FL 33040
Derek Parker
(Lots 1-10, Block 25) & (Lots )-20, Bloc.k 30)
Key West, FL 33040
Spotlswood. Partners H, Ltd_
Petition for Road Abandonment
Ponion ofFourtl1 Street between Macdonald Avenue & US Hwy 1
We have no objection to Spottswood Partners petitioning for the vacating of a portion of
Fourth Street between Macdon.a1d Avenue and US H.ighway J., as shown on the attached
plat.
By:
~ Parker /flL..
~~
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EXHIBIT F
MEMORANDUM
To:
10) JE(6! ~ If'\Wr r:
Suzanne A. Hutton, Assistant County Attorney ~,( MA y 0 9 :; J C ,
Marlene Conaway, Director of Planning 1~
Thomas J. Tumminia, Senior Planning Technician
Through:
From:
Date:
May 1, 2001
Subject:
Petition for Road Abandonment for a portion of 4th Street located on Stock Island
Spottwood Partners Ltd., owner of block 29 lots 10 and 11, Stock Island, Monroe County,
Florida, have petitioned the Board of County Commissioners to abandon a portion of 4th Street
between the north right -of-way of MacDonalds Avenue and the south right-of-way of U_ So
Highway No. 1 thereof recorded in Plat Book 1, page 55 of the Public Records of Monroe.
County, Florida.
Leaal Descriptions
See attached "Exhibit B"
Staff Review
A review of our records and an on-site inspection of the subject property revealed the
following:
1. The original platted roadbed shows no evidence of being paved. The right-of-way beyond
the barricade at the MacDonald right-of-way is wooded and covered with vegetation.
2. The proposed abandonment site is adjacent to lots 10 and 11 of block 29 of the Pearls
Trailer Park Subdivision on the West Side. The property is zoned Mixed Use (MU). The
Future Land Use Designation IS Mixed Use/Commercial (MC). The abandonment site is
adjacent to lots 1 and 20 block 30 and lot 1 block 25 of the Coral Isle Trailer Park
subdivision on the east side. The property is zoned Urban Residential Mobile Limited
(URM-L). The Future Land Use designation is Residential High (RH). The Applicant states
the road abandonment is required for a Major Conditional Use.
Page 1 of 3
3. Property owners have encroachments within the right-of-way. ( see "Exhibit C") None of
the structures encroach beyond the limits of the setback requirements for the respective
properties. Therefore, this abandonment would bring all property owners into compliance
with regards to setbacks.
4. Letters of No Objection has been received from the Florida Keys Aqueduct Authority,
BellSouth, the City Electric System Of Key West, and AT&T Cable. Letters of No Objection
have been received from owners of the properties that border the abandonment site.
5. Bellsouth and City Electric System request that an easement be provided for the services.
6. The subject roadway surface shows no evidence of paving. The abandonment site has a
curb cut on the southern point. The asphalt extents from the curb cut. The westerly one-
half terminates 10 feet in at a barricade. The easterly one-half of the asphalt abuts a
concrete driveway that serves lot 20 block 30. The remainder of the abandonment site is
wooded and covered with vegetation.
Conclusions:
The proposed abandonment of that portion of 4th Street.serves Spottwood Partners Ltd., Joyce
Ann Perez and the Anne E. Hollerich Revocable Trust. Letters of agreement between the
property owners are required in order for the request for abandonment to meet the
requirements as outlined in Monroe County Code section 16-1 b.
1. The applicant has received letters of concurrence form all the property owners who will
benefit from this abandonment.
2. The applicant has received Letters of No Objections from Bell South, City Electric Service
Key West, AT&T Cable and Florida Keys Aqueduct Authority. The letters from City Electric
Service Key West and Bel/south stated that they have no objections if easements are
provided. Letters of approval from all property owners granting easements to the respective
utilities and letters from the utilities that this would alleviate their objections, will provide
sufficient assurance that this abandonment will not impair the distribution of utilities in the
neighboring area.
3. The road abandonment will not create non-conformity to setbacks on any of the subject
properties.
4. The road does not terminate on a body of water and therefore meets the requirements of
the requirements of Monroe County Code Section 16-1 a.
5. Recommendations:
Page 2 of 3
Staff recommendations APPROVAL of the request for road abandonment with the following
conditions.
1. The applicant and other property owners shall enter into an agreement with City
Electric Service Key West and Bellsouth to establish the easements requested.
2. The applicant shall provide a Warranty Deed with the correct exhibit "A"
displaying ownership of lots 1 0 and 11 block 29.
Page 3 of 3
MEMORANDUM
TO: Jan Hotalen
County Attorney's Office, Monroe County
FROM:
David S. Koppel ')I
County Engineer OJ\
DATE:
January 28, 2002
RE:
Road Abandonment Petition
4th Street, between McDonald Ave. and USl
Stock Island
We have reviewed the supplemental information provided to us on January 22,2002 and
have no objection to the abandonment. Please call if you have any questions.
DSK/jl
4thStAbandSI.DOC
fO) fQl t'?::J 'jCiJ 'i7 "'? 'L"'J fr))
ill ~J: '2 9 ~:OZL~ ~
COUNTY o+'MONROE
KEY WEST J I' FLORIDA 33040
(305) 294-4641
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63rd St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
INTEROFFICE MEMORANDUM
DATE:
October 25,2001
TO:
Suzanne A. Hutton, Assistant Cou
FROM:
lG. "Joe" London, Fire Marsh
SUBJECT:
BOARD OF COUNTY COMMISSION~I.tS
MAYOR, George Neugent, District 2
Mayor Pro Tern, Nora Williams, District 4
Dixie M. Spehar, District 1
Charles "Sonny" McCoy, District 3
Murray E. Nelson, District 5
~.m@~~W1]lm,
~ OCT 2 9 2001 t!J
ROAD ABANDONMENT INSP TIO:
(4th Street between north row ofMc aId Ave & south row of US 1 Stock Island)
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. Surma, Assistant Fire Marshal
@RoadAbdnJRoadAbdn/mw7_0
MONROE COUNTY FIRE MARSHAL'S OFFICE