Item S1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17, 2002 Division: County Attorney
AGENDA ITEM WORDING:
Approval of a Resolution renouncing and disclaiming any right of the County
and the public in and to a portion of Fourth Street Between Macdonald
Avenue and US Hwy 1, Stock Island.
ITEM BACKGROUND:
Petition has been reviewed and approved by Planning, Engineering and Fire
Marshal.
rRCVLWUM KCLtVANT BOCC ACTION:
Approval to advertise at 6/19/2 BOCC meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval.
� v 1 •►a. %W%jo 1; BUDGETED: Yes ❑ No ❑
COST TO COUNTY: Petitioner pays costs.
APPROVED BY: County Attorney ■ OMB/Purchasing ❑ Risk Management ❑
DIVISION DIRECTOR APPROVAL:
JA . H CK
DOCUMENTATION: Included ❑ To Follow ❑ Not Required ❑
AGENDA ITEM *
Petitioners Spottswood Partners II Ltd.
RESOLUTION NO. - 2002
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND
THE PUBLIC IN AND TO A PORTION OF 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, due notice has been published and a public hearing has been held in accordance
with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties present
wishing to speak on the matter, and all premises considered concerning the renouncing and
disclaiming of any right of the County and the public in and to the hereinafter described streets,
alley -ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Board has determined that vacation of the said road is for the general public
welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board hereby renounces and disclaims any right of the County and the public in
and to the following described streets, alley -ways, roads or highways as delineated on the
hereinafter described map or plat, to -wit:
THAT PORTION OF FOURTH STREET, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING BETWEEN
THE NORTH RIGHT-OF-WAY LINE OF MACDONALD AVENUE AND THE SOUTH RIGHT-OF-WAY LINE 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00' 19'00" E ALONG THE
EASTERLY PROPERTY LINES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY LINE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY LINE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" E A DISTANCE OF 50.64 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 TO A POINT; THENCE S 00' 19,00" W A
DISTANCE OF 341.30 FEET, ALONG THE WESTERLY PROPERTY LINE OF LOT 1, BLOCK 25, THE
WESTERLY LINE OF THAT PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY
RESOLUTION NO. 62-1965 AND THE WESTERLY PROPERTY LINES OF LOTS 1 AND 20, BLOCK 30 TO
A POINT; THENCE N 89'41'00" W A DISTANCE OF 50 FEET ALONG THE NORTH RIGHT-OF-WAY LINE
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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00' 19'00" E ALONG THE
EASTERLY PROPERTY LINES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY LINE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY LINE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" E A DISTANCE OF 25.32 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 TO A POINT; THENCE S 00' 19,00" W A
DISTANCE OF 337.31 FEET, ALONG THE CENTERLINE OF FOURTH STREET TO A POINT; THENCE N
89'41'00" W A DISTANCE OF 25 FEET ALONG THE NORTH RIGHT-OF-WAY LINE 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 00' 19'00" W A DISTANCE OF
61.30 FEET ALONG THE WESTERLY LINE OF LOT 1 AND THE WESTERLY LINE OF THAT PARCEL ON
EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965 TO THE
CENTERLINE OF SAID EAST LAUREL AVENUE; THENCE N 89'41'00" W A DISTANCE OF 25.0 FEET TO
A POINT ON THE CENTERLINE OF FOURTH STREET; THENCE N 00' 19'00" E ALONG THE CENTERLINE
OF FOURTH STREET A DISTANCE OF 57.31 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 89'41'00" W A DISTANCE OF
25.0 FEET TO A POINT ON THE CENTERLINE OF FOURTH STREET; THENCE N 00' 19'00" E A
DISTANCE OF 280.0 FEET ALONG THE CENTERLINE OF FOURTH STREET TO A POINT; THENCE S
89041'00" E A DISTANCE OF 25.0 FEET TO A POINT LYING ON THE WESTERLY LINE OF THAT PARCEL
ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965; THENCE S
00' 19'00" W A DISTANCE OF 280.0 FEET ALONG THE WESTERLY LINE OF SAID ABANDONED PARCEL
AND THE WESTERLY LINE 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 on the 22nd day of May, 2002.
Mayor Charles McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner Bert Jimenez
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
Deputy Clerk
APPROVED AS TO FORM
AND L SUFFICI
BY
ANNE H ON
DATE Qy
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
LOAD ABANDONMB/y7- Mrmmm
DATE MAO Z�j Z®D i PHONE 3 0 100
NAME U 11 5 �1%Uy la-"1s �-
1
ADDRESS _ 5o(a P (�
STREET/EASEMENT to be abandoned
KEY : -Mr',_ IS) -A & (r-)
RQwWwwwom
We hereby petition the Honorable Board of County Commissioners to
disclaim any right of the County and the public in and to the above -referenced stweet,
and
alleyway, road or right-of-way as further depicted and described in the following
owing
(Exhibit A)
Survey - Description of roadway to be abandoned and survey showing that portion mar
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,
Portion of road to be abandoned. Mile Marker number and
(Exhibit C)
roPies of Oeed(s) - Petitioners certify that they are the sole owners of
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 ��) thew
on their subject land have been paid. 0�- taxes
(Exhibit D)
Legal description of that portion of roadway which petitioners seek to have abando
ned.
(Exhibits E-1, E-2, E-3, E-4)
Letters of no objection from utility companies - including, but not limited to
electricity, telephone, and cable TV. ,water,
(Exhibit F)
Letters of no objection from all adjacent property owners and list of na
addresses of all adjacent property owners. mes and
seek the abandonment for the following reasons:
Fi`f NibNP-t)T rni► nYTA _ . _
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).
WHEREFORE, Petitioners formally regrr�st the I o/r�orable rBoard of County
Commissioners to grant this petition. �
Is personally known to me.
] Provided as identification _
Sworn to and subscribed before me this
51�t( V-- -#M 7qV
Typed Not ry Name and Number
[ J Is personally known to me.
[ J Provided as identification _
NER
wo . Parftrai[,
Sri day of 'I'InU
G� a�1128, i •.
Notary=455IgrWurea-K&U&
= yet
#CC897488 ' o
:
•Q
i' l �ihded'6+N�,e OST
PETITIONER
Sworn to and subscribed before me this day of
Typed Notary Name and Number
Notary Signature and Seal
0OD 1
3b3H NJIS
MEMORANDUM
TO: Jan Hotalen
County Attorney's Office, Monroe County
FROM: David S. Koppel
County Engineer
DATE: January 28, 2002
RE: Road Abandonment Petition
4`h Street, between McDonald Ave. and US 1
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
{
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JAN 2 9
OUNTY SFLORIDA33040
MONROE _'KEYWEST
(305) 294-4641
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63' St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
DATE: October 25, 2001
BOARD OF COUNTY COMMISSIONERS
MAYOR, George Neugent, District 2
Mayor Pro Tem, Nora Williams, District 4
Dixie M. Spehar, District 1
Charles "Sonny" McCoy, District 3
Murray E. Nelson, District 5
INTEROFFICE MEMORANDUM
TO: Suzanne A. Hutton, Assistant
FROM: J.G. "Joe" London, Fire
SUBJECT: ROAD ABANDONMENT INS]
(4' Street between north row of
1 Ave & south row of US 1 Stock Island)
77T.
OCT 2 8 2001 V
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment.
This office has no objection to the abandonment.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office.
cc: William D. Surina, Assistant Fire Marshal
c@RoadAbdn/RoadAbdn/mw7.0
MONROE COUNTY FIRE MARSHAL'S OFFICE
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XONROE COUNTY PrLB
OPPxCTAL RECORDS; BK;]
3CA Oct 26 2001 ®4t66PH
)ANNY 1. KOLRAOg, CLRRK
Ines 1nsuUmenr preparrW oy.
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J012612001 ` —2 DZP CLX
(Space Above This Lino For Recording Data
Warranty Deed
(saMwy Fam -.Fs 689.02)
This Indenture, made October 23, 20ol, between Fiicku Park Revocable Tract, and Anna
nrtca HoRcrick Revocabk Tnut, of the County of Monroe in the State of Florida, puty of the first part whose
post address is P.O. Box $5, Key West FL 3304.0 and C001 Hammoeic, LLC. a Florida IlsnIW liability comp4ny. party of the second part, and whose post office address Is 210 S. Parse Ave,uite 1 Brand FL 3351 f,
Whose Taxpayer ldentifrcationNumberIs °" �. and
Witxiesseth:
That the said party of the first part, for and in consideration of the sum of $10.00'8nd other valuable
consideration, to him in hand paid by the said party of the second pan the receipt whereof;, hereby acknowledged.
has granted, bargained and sold to the said party of the seeond part. hi§ heirs and assigns forever, the following
described land, to wit: ,
Sea Schedule A attached hereto and by reference incorporated herein
(For Information Only. Property Appraiser's Parcel identification NunW is 00124150-000000
Subject to casements. restrictions and reservations of record and takes for the current year.
And the said party of the first part does hereby full warrant the title to said land. and will defend the same
against the lawful claims of all persons whomsoever.
Signed, sealed and delivered in the presence of.Helen Park Revocable Trust
Si
�t� JEF 2
�q
• t- T
EXHIBITS C
Sign (Seal)
Pdn a P-M 2D
Yam'
Anna Frances Holletieh Revocable Trust
PrR*"00-
99� �
19002
- -- - ---- - -- ..--. -�� •�� ��� relct�en,xoen118ddilghstaitlt
Qj 003
2G391E;
STATE OF FLORIDA 81 lk 1 7 3 4 PG # ]. b 5 9
COUNry OF MONROE
1
The foregoing instrument was acknowledged before me this 1 +
M-Prwho
h �an� adette Lannon, as oa7tu#M of Helen Revocable T rust;w to is
as ertteficat Ion am whiJZZ WVWn—o—Q—ta—k—o an oath
(S9AL) NOTA#VPUBLI
Si
WWi
laraBtt
STATE OF FLORIDA Mo ►4f, ZOpts
COUNTY OF MONROlE t►au rwtstuiunctwt:
Tire foregoing h *ument wm acknowledged +me this
2001, Joyce Perez and Bernadette Lannon, as co-TrtWees of Anna Frances lerich � Trust,
ajl l w o
P nk-n to me er who has produced r--
as Identific4on and w (did) id not take an oaththo
(SEAL) WOTARV-IU nu.rr. J
StP> 5� p or po Name
I
Robert E
WCOMMRSIl iCCUM DM
l�oto�ltqumWor- fiwtHc
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f
is
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Fe1dman.H0en16&H19h6mith 91004
""1 #1 2 a 3 9 1 g
8II#1 734 PG#1 �60
SCIMDULB A
i
On Stock island, and known on Geo. L. Mcbonald's,plat or '
2, 3, 4, 5, 6 Section 35; Lot 2 Section 6• Lot S • of 2, sian of Lots �,
Township 6 sou 3 3, ecxion 26. Lot 2, Section 34,
P 7 South, Range 25 East, which Add plan�pr sub • "on is recorded in
Plat Book 1, Page 55, Monroe County, R6c , as is
10, of Block Twenty --Five (25); �'� � � 2 ► 3, 4, 5, 6, 7, $, 9 and
M
On Stock Island, and knownion 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, Mange 25 East, which said plan or subdivisin is recorded in
Plat Book 1, Page 55, Monroe Countyo
, Records, '
hots 2
11,12, .13,14,15, 16,17)18,19, and 20 of Block Thirtyo
(3 ) ' 3, 4, 5, 6, 7, 8, 9,10,
;
And,
That part of an abandoned road lying between Block,25 and Block 36 in Geo. L.
Mcnonald's plat or subdivision of Lots 1, 2; 3,
36 ;Lot 3, Section 26: Lot 2, Section 34, Township 6 Section 35; Lot+2 Section
•
East
winch said plan or subdivision is recorded � Plat B ' South,
age ,
County, Records.O 55, Monroe
XONROB COUNry
OFFICIAL WORDS
MONROE COUNTY
OFF[CiAL RECORDS
This D"Kumctn Prepared By and Return to:
JOHN M. SPOTTSWOOD, JR., ESQ.
SPOTTSWOOD, SPOTTSW
500 OOD & SPOTTSWOOD
FLEMING STREET
KEY WEST, FL 33040
FILE OR# l 6 176 4 7 1 9
PGt1226
RCD Feb 10 2000 11:
DANNY L KOLRAGB30A
, CL8
M
DEED DOC
@2i10i7a STA 0 7
t
Parcel ID Number: 0 0 i • 0
D8p CLf{
Warranty Deed
This Indenture, Made this 31st day of
JOHN M. SPOTTSWOOD, JR., LLIAM g.December ,1997 A.D.. Between
Trustees of the John M. SPOTTSWOOD and ROBERT A.SPOTTSWOOD, 1997, Spottswood, Jr. Trust No_ SPember OD,
""r tar c"puny or II u/a/d December Monroe
SPOTTSWOOD PARTNERS II ' Slate of Florida LTD. , a Florida Limited Partnership, 'grantors, and
""I""!w address is: 500 Fleming Street, Key West, FL 33040
of the County or Monroe
Witnesseth ' state or Florida that the GRAN•1'ORS, for and in rn ,grantee.
TEN nsiderationofthesumof
and nthcr good and valuable consideration t GRANTORS fn DOLLARS d $ 0
granted. bargained and sold to IN: said GRANTEE and GRANTEE'S heirs, successors and assigns receipt
lbre%r. the roil here described land. dpcd.thalt.
P y GRANTEE, the receipt whereof is hereby acknowledged. ha..•
ving
h ing and bring in the County of
Monroe
state of Florida
to q•il:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Subject to restrictions,
any, and taxes reservations and easements Of record, if
Further subject for the year 1997 and subsequent years.
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 IJantors do hereb full w Y Y 'arrant the title to said land. and will defend the same
In Witness Whereof„�
grantor has hereunto set
Signed, sealed and delivered
g
against lawful claims or all
hand a arms "+'homsoe�.r
seal day
in our presence:
and year, firs) above written.
printed N.me;
W • ess _ ..
C.11
•l liC-� • � �1r/
J0 SP TT D (Seal)
P.O. Add s00 Fl lag to �� r JR.
J
lK• \
Printed Name:
33
Witness `
WIL SPG (Seal)
P.O ss: 300 Flemlog S t SWOOD
Key
we3(, f '. toy
A
/
ROBERT A. SPOTTSWOOD (Seal)
P.O. Address: S00 Fleming
STATE OF
COUNTY OF Florida
Street
Key \vht. Fl 33040
Monroe
1'hr
li"regoing instnmtcnt was acknu+vkdgcd bclurr tar this
JOHNS SPOTT SWOOD, JR. WILLIAM 31st day or December 11997
SPOTTED SPOTTSWOOD
, Trustees Of the JohMB
u/a/d December
b�
and
SpottswoodOBERT
w lu" are personally known to ntc ",Zir9hu have997 ,
pmduccd Florida
oA.
. Jr.Jr Trust NO . II
.
driver's
license aside-ntil;cauon.
Printed Name
�Porrswo
•.
Notary Public TIO N.
min
nr
FIL$ t l :1 b 4 2 Z 9
BKtl. Ei 1 7 Pgt2 2 4 0
EXHIBIT "A"
Lots l., ?, 3, 4, g, 6, 7, g,
19 and 9, 10, 11, 12, 13, 14, 15, 16, 17, jolt
known " of Block 37, of McDONALD'S PLAT OF STOCK ISLAND, also
az Of
SUBDIVISION, according to the Plat thereof•
recordedi 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 MALONEY SUBDIVISION, according to the Plat
thereof recorded in Plat Book 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 or: Block 40, of McDONALD'S PLAT OF STOCK ISLAND, also known as
MALCNFY SUBDIVISION, according to the Plat thereof recorded in Plat
Book 1, Page 55, of the Public Records of Monroe County, Florida.
`Y u
E�. 905 FACElo�'
Offig, ffn &%,
ArJ�W �� ,1, ,��..A,/ /Mr W Lri�y i•�N'��h
Ws r HtMrwW. hn4MeiYr �/ r.
Mad this 9'a .,-
CAPPS TRAILER SALES
wan • - - - CATO
IVTMENTS INC Fl rids co poration
Monroe a,� ,State of P] orida ply o� the ty_ i,% s
sftftg
•W1tI1e88ethh, Chest the said ° �"
D6 �� °f � �t P°'rt. JFor and in coiididar�atra,+• ord
the selrn'af . TEN DOLLARS AND OTHER GOOD AND `IALuABLE CONSIDERATIOD�DpC,Y;
in hariii paw b11 saw pasty of the second part LU receipt wher"I is hereby acllaeow,
it .�+e»erseai, released and quitelaimect, and by these preset doss
el s»i and demanOdkd which ohesLAW-said p� of the second part all the rigAt -JQf* � !�sise,�
dtidrdbed tot s , piece. s or parut s of alana �� � � � � tO t� folloiora 1
r ti• MONROE State of FlorW tO it d besing in the Gainey eff s
;.. Zots,T; 2 3, �f•
; 5, 6, 1, 8, 9 ••10; 11, 12, 13, ?'it' r s~
x15, it, 1T, 28, 19, and .20, . Block 29, McAOHALD'3 : ;'' 1:,
.'SUBDIVISION according to the Plat thereof recorded.
"tn Plat Booi 1, Page 55, of the Public Records of
"Monroe County, Florida, also described as In the, ='
11 of Stock Island and Island
being all of Block 29, accorditg . to :!,,; �: '<;
GEORGE L. WDONALD'S map of Lots 1, 2, 3. 5 and 6; of
Section 35, Lot 1 of Section 36, Lot 3 of Section 26•and —
Lot 2 of Section 34, all in Township67 South of
East, recorded in Plat t3r25 :'� ;
Book 1 at Page 55, Monroe Co�utngtp,• .
Florida, Records. ;.;
To -Have hud to Hold
the same, to�eth r with all and six r the
�s thermsxto belonfix f or in anywise appertaining, and all the estate;
dam, tstle, interest and claim whatsoever of the said party of th4 first part, talkerZ=0 Or ix
squ ty, to the only p►bper usePaK, benefit and behoof of the said party of tlas sseoxd
III WltifeW Whereof, Cho said party of the/test part has hereunto set his.
Batted and seal the day and year f "I above writtax,
Ind Delivered is Our Presetam M. CAPPS LER SALES
DS Paij
State of Florida, xOULqG
County of MONROE
I EBY CERTIFY, That on t1ds el day persony appeared before me, an opeer
dulyauthorized to adnatnister oaths and take aekxowiad freertts,
ChAALES M. CAPPS,SB-PRESIDENT CAPPS ENTERPRISES, INC.,
d/b/a CHARLES M. CAPPS TRAILED SALES
to nee welt knOwn to be the person described in and who ersacueei� ��s�O7�bj�l instrument and aeb'norvledied before nag 44�t . execrated the sarrae freely and toluWarily for the purposes clareiri:u WMESS MY h fed and npieiot seal at
country of Monroe : r
day of February .�, D. 19 81, and State of Florida, ehls...
It N'd'd In Oc!II Re lords too
CAW-! ? ...
ier+rd vp.t; t.i
KOLMAG Kotn r-
_•:. Coctrt ►"h+l7Uttr rMIIC Slw7F ex ROatG AT
Al -
DEC 27 '95 16:13
3052942443 PAGE.01
OF
CAYO INVESTMENTS, INC.
INTO
SPOTTSWOOD PARqrmvnop ivr
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 CAYO INVESTMENTS, INC. Mayon), a Florida corporation, shall be merged (the
"Merger) with and into SPOTTSWOOD PARTNERS GP, INC. ('Spottswood GP"), a Florida
corporation:
1. Spottswood GP, a Florida corporation, shall be the sur`iiving 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 "Reorganization, dated as of the l Ow 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 ' ' ' " 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 the Act on December 10, 1999.
. IN WITNESSETH WHEREOF, these Articles of Merger have been executed as of the loth .
day of December, 1999. EFFECTIVE DATE
CAYO IlVEy�;�ME�p�S9 INC., a Florida
:A
1*%W-AGW3432=ftn-me%drl
Jr., President
GP, INC., a
Jahn'. Spottsy%od, Jr., President
AGREEMENT AND PLAN OF REORGANIZATION, dated as of December 10, 1999
(the "Agreement"), by and between CAYO INVESTMENTS, INC., a Florida co ( Cayo"),1
and SPOTTSWOOD PARTNERS GP, INC., a Florida corporation (the"Surviving Coon «
g 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
2�;;Ler`, pursuant to the teens and conditions contained herein, and that the name of the Surviving
on be.changed to "Spottswood Partners, Inc." upon the effective time of the Merger, and
WHEREAS, the authorized capital stock of 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 sharesof the Surviving Corporation, and 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 of Cayo 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 = - On the Effective Date, Cayo will be merged with and into the
Surviving Corporation under the terms of this Agreement, and the separate existence of Cayo shall
be merged into and continued in the Surviving Corporation At the effective time of the Mergerthe
name of the the Surviving Corporation shall be changed to "Spottswood Partners, Inc.". ,
11R/ AGM3432WMEORo-AGArl
0
Ln* -L b 4 3 PG# 1. 0 1 6
(a) Transfer of Assets and Liabilities. Upon the consummation of the Merger,
the separate corporate existence of Cayo 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 -taws. 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 immediatel
to the Merger shall be the by-laws of the SurvivingCo "By-laws"), Y Prior
Corporation (the except that any
references to the name of 'Spottswood Partners GP, Inc." in such By-laws shall be changed to
"Spottswood Partners, Inc.'.
followin Mc) Name and Place of Business. The business of the Surviving Corporation
g 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 ofDirectors. 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.
2. CONVERSION OF STOCK
2.1 Conversion of the Surviving Coumagon Common SIQGL OntheEffective
Date and as a result of the Merger, all outstan g Corporation Common Stock
dung shares of Survivin
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 C13W Corr�mn_ n Stoke On the Effective Date. and as a result
of the Merger, each share of the Cayo Common Stock issued and outstanding immediately pn'or to
the Effective Date, shall be canceled and extinguished without any payment or other consideration
made with respect thereto.
3. CONDITIONS. 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:
JAW-AGM3432%000U=R0_AG.dr1
3.1 - Board Apmyal. 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 Annroval_. This Agreement and the Merger shall have been duly
approved and :adopted by the affirmative 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 Anprova_ic. All other consents and approvals and the satisfaction of au
other requirements that are necessary, in the opinion of Cayo or the Surviving Corporation, for the
consummation of the Merger shall have been obtained.
4. MISCELLANEOUS
4.1 Successors. This Agreement shall be binding on the respective successors of
each of Cayo and the Surviving Corporation.
4.2 Countemarts. This Agreement may be executed in one or more counterparts.
4.3 Governing 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 first above written.
,a
MONROE COUNTY
OFFICIAL RECORDS
1:%W-Ac 3432%0WJWPA)-Aa.ari
3
LEGAL DESCRIPTION
THAT PORTION OF FOURTH STREET, STOCK ISLAND, MONROE COUNTY, FLORIDA, LYING BETWEEN
THE NORTH RIGHT-OF-WAY LINE OF MACDONALD AVENUE AND THE SOUTH RIGHT-OF-WAY LINE 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00' 19'00" E ALONG THE
EASTERLY PROPERTY LINES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY LINE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY LINE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" E A DISTANCE OF 50.64 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 TO A POINT; THENCE S 00' 19'00" W A
DISTANCE OF 341.30 FEET, ALONG THE WESTERLY PROPERTY LINE OF LOT 1, BLOCK 25, THE
WESTERLY LINE OF THAT PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY
RESOLUTION NO. 62-1965 AND THE WESTERLY PROPERTY LINES OF LOTS 1 AND 20 BLOCK 30 TO
A POINT; THENCE N 89'41'00" W A DISTANCE OF 50 FEET ALONG THE NORTH RIGHT-OF-WAY LINE
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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 00' 19'00" E ALONG THE
EASTERLY PROPERTY LINES OF LOTS 11 AND 10, BLOCK 29 AND THE EASTERLY LINE OF THAT
PARCEL ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 294-1989
AND THE EASTERLY PROPERTY LINE OF BLOCK 26 TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" E A DISTANCE OF 25.32 FEET ALONG THE
SOUTHERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 1 TO A POINT; THENCE S 00' 19'00" W A
DISTANCE OF 337.31 FEET, ALONG THE CENTERLINE OF FOURTH STREET TO A POINT; THENCE N
89'41'00" W A DISTANCE OF 25 FEET ALONG THE NORTH RIGHT-OF-WAY LINE 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE S 00' 19'00" W A DISTANCE OF
61.30 FEET ALONG THE WESTERLY LINE OF LOT 1 AND THE WESTERLY LINE OF THAT PARCEL ON
EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965 TO THE
CENTERLINE OF SAID EAST LAUREL AVENUE; THENCE N 89'41'00" W A DISTANCE OF 25.0 FEET TO
A POINT ON THE CENTERLINE OF FOURTH STREET; THENCE N 00' 19'00" E ALONG THE CENTERLINE
OF FOURTH STREET A DISTANCE OF 57.31 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO. 1; THENCE N 81' 15'35" 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 PUBLIC RECORDS OF MONROE COUNTY, FLORIDA; THENCE N 89'41'00" W A DISTANCE OF
25.0 FEET TO A POINT ON THE CENTERLINE OF FOURTH STREET; THENCE N 00' 19'00" E A
DISTANCE OF 280.0 FEET ALONG THE CENTERLINE OF FOURTH STREET TO A POINT; THENCE S
89'41'00" E A DISTANCE OF 25.0 FEET TO A POINT LYING ON THE WESTERLY LINE OF THAT PARCEL
ON EAST LAUREL AVENUE ABANDONED BY MONROE COUNTY RESOLUTION NO. 62-1965; THENCE S
00' 19'00" W A DISTANCE OF 280.0 FEET ALONG THE WESTERLY LINE OF SAID ABANDONED PARCEL
AND THE WESTERLY LINE 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: �vf76
Title:
EXHIBITS E
650 united St
Key west. FL 33040
Office: (305) 296-9078
Fucsiltttic: (-OS) 294-4062
February z, 2001
William B. Spattswood
506 Fleming Street
Key West, FL 33040
Subject: Roadway Abandonment of ,Fourth Street between the North right aj way of
Rfac,Oonald Avenue and the South right of way of (!S highway X, Stock -Wand
Plat Book 1, Page SJ, Monroe County, Florida
To Mr. -Spottswood:
Our engineering department has reviewed the above referenced request. Presently, BellSouth
hill existing facilities along the area in question. BellSouth dues not objcct.to the abandonment
of the above referenced Right of Way provided that an easement is granted to allow those
facilities to remain and/or reirnbursemcnt for the relocation of the facilities has been advanced.
If Farther assistance is needed, please do not hesitate to call, Carl Beck, at L305 2�)ti-9078 .
UTILITY BOARD OF THE CITY OF KEY WEST
POST OFFICE DRAWER 6100
KEY WEST, FLORIDA 33041-6100
January 17, 2001
Mr. William B. Spottswood
Spottswood Companies, Inc.
506 Fleming Street
Key West, Florida 33040
TELEPHONE: (305) 295-1000
www.kwcityelectric.com
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
"CITY ELECTRIC SYSTEM"
Raymond C. Rodriguez, General Manager
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:
�'"dY'SPO"�"ood Robert R. Padron, Chairman - Dr. Otha P. Cox, Vice -Chairman
Leonard H. Knowles, Member - Gayle Swofford, Member - Lou Hernandez, Member
Florida Kevs
IHqueauC1 Aut
Post Office Box 1239
1100 Kennedy Drive
Key West, Florida 33041.1239
Telephone (305) 296.2454
William B. Sp oo
Spottswood Companies, Inc.
506 Fleming Street
Key West, FL 33040
RE: Road Abandoment for Portion of Fourth St.
Stock Island, FL
Dear Mr. Spottswood:
J. Robert Dean, Chairman
Key West
Thomas R. McDonald
Vice -Chairman
Tavernier
`. Fred Shaw
Secretary -Treasurer
Big Pine
Albert D. Appell
Duck Key
Linda B. Wheeler
February 26, 2001 Key West
Roger Braun
Executive Director
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.
Staff has 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
MUNROE COUNTY
OFFICIAL RECORDS
This Document Prepared By:
Robert A. Spottswood, Esq.
KEYSTAR, Inc.
506 Fleming Street
Key West, FL 33040
FILE #1. 246358
BK#1 7 1 1 PG#8 8 9
RCD Jul 18 2001
DANNY L KOLRAGI, 0CLESRKRK
DIED DOC STA
07/18/2001 0.70
EASEMENT DIP C L K
KNOW ALL MEN BY THESE PRESENTS, that
SPOTTSWOOD PARTNERS H, 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 "A"
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 110 day of J U l U , 20 . Signed, Sealed and Delivered in the
presence of. /
t 0A P44 t4
Witness �j C,j ICAf pC 1 G f' Spottswood Partners II, Ltd., by
ttness
Spottswood Partners, Inc., its general partner
� 1
STATE OF FLORIDA
COUNTY OF MONROE
On �U 2001, before me the undersigned, a Notary Public in an for said County
and State, personally appeared Robert A. Spottswood, Vice President of Spottswood Partners II,
Ltd. known to me to be the person whose name Ih
acknowledged that he subscribed to the within instrument and
ted the same. ,/
SEAL �Mallys I"�A�:
_* �m` 2oy9N : Notary Public Signature
�;. #ccssr48a cam;
%99fA lam! F
•a, . �\
l( FILE # 1 5 2 4 6 3 8
Cxhibrr A ,, Bx# 1 7 1 1 PG# e 9 0
LEGAL DESCRIPTION:
Road' Abondon .-(Par-Gel-Ones Twoand-.-Thee-,--..-.-.-
That portion of Fourth Street, Stock Island, Monroe County, Florida, lying between the North right-of-way line'
of MacDonald Avenue and the South right-of-way line of U.S. Highway No. 1 more particularly described as
follows:
ARC L ONE
,,, Begin ,at the Southeast corner of Lot 11, Block 29, Plot Book 1, Page 55, as found in the Public Records of Monr-!?,e1
County, Florida; thence N 00* 19' 00" E along the Easterly property lines of Lots 11 and 10, Block 29 and the
Easterly line. of that parcel on East Laurel Avenue abandoned by Monroe County resolution 294-1989 and the
Easterly property line of Block 26 to a point on the Southerly right-of-way line of U.S. Highway No. 1: thence N
810 15' 35" E a distance of 25.32 feet along the Southerly right-of-way line of U.S. Highway No. 1 to a point:
thence 5 00° 19' 00" W a distance of 337.31 feet, along the centerline of Fourth Street to a point; thence N.89°
41" 00" W a distance of 25 feet along the North right-of-way lire of MacDonald Avenue. to the Point of Beginning
HONROS COUNTY
OFFICIAL RECORDS
1
141.0;..
0 009
DATE: November 25, 2001
TO: William B. Spottswood
Spottswood Companies
506 Fleur Street
Key West, FL 33040
FROM: Derek Parker
(Lots 1-10, Block 25) & (Lots 1-20, Block 30)
Key West, FL 33040
RE: Spottswood Partners II, Ltd.
Petition for Road Abandonment
Portion of Fourth Street between Macdonald Avenuc & US Hwy 1
Dear Sirs:
We have no objection to Spottswood Partners petitioning for the vacating of a portion of
Fourth Street between Macdonald Avenue and US Highway 1, as shown on the attached
plat.
k Parker
By: �.
EXHIBIT F
MEMORANDUM
p W TFU
To: Suzanne A. Hutton, Assistant County Attorney MAY
Through: Marlene Conaway, Director of Planning lot
From: Thomas J. Tumminia, Senior Planning Technician
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. S.
Highway No. 1 thereof recorded in Plat Book 1, page 55 of the Public Records of Monroe
County, Florida.
Legal 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 4t' 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 Bellsouth 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.
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 lots10 and 11 block 29.
Page 3 of 3