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Item T2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 14, 2004 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 Sea Lane, Geiger Key. ITEM BACKGROUND: Petition has been reviewed and approved by Planning, Engineering and Fire Marshal. PREVIOUS RELEVANT BOCC ACTION: On April 21, 2004, the Board granted approval to advertise this matter for public hearing. CONTRACT I AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: BUDGETED: Yes! No! COST TO COUNTY: Petitioner pays costs. APPROVED BY: County Attorne~ ~ OMB/Purchasing ! Risk Management! DIVISION DIRECTOR APPROVA~~ ~~ J. R. Collins ' DOCUMENTATION: Included ! To Follow ! Not Required! AGENDA ITEM 5 Cl . Petitioners Palley RESOLUTION NO. - 2004 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 SEA LANE, GEIGER KEY, 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. Sees. 336.09 and 336.10; now, therefore, BE IT RESOLVED THAT THE BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA, 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: A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY LINE OF SEA LANE AS SHOWN ON THE PLAT ENTITLED "GEIGER MOBILE HOMES" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 77 OF THE PUBliC RECORDS OF MONROE COUNlY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN AT THE NE'LY CORNER OF LOT 25, BLOCK 8. OF THE SAID PLAT OF "GEIGER MOBILE HOMES" AND RUN THENCE SOUTH ALONG THE W'LY RIGHT OF WAY LINE OF THE SAID SEA LANE FOR A DISTANCE OF 55.00 FEET TO THE NW'LY RIGHT OF WAY LINE OF THE SAID SEA LANE; THENCE BEAR N 31 .05'12"E AND ALONG THE SAID NW'LY RIGHT OF WAY OF SEA LANE FOR A DISTANCE OF 95.84 FEET TO THE E'LY RIGHT OF WAY LINE OF THE SAID SEA LANE; THENCE S 60.49'OO"W FOR A DISTANCE OF 57.27 FEET BACK 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 14th day July, 2004. Mayor Nelson Mayor Pro Tem Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) BOARD OF COUNlY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNlY, FLORIDA By Deputy Clerk Mayor/Chairperson - ---- NAME~~ ROAD ABANDONMENT PETITION . 4r' ~~l.'r1J ""PFt L L bY ADDRESS /5f.o <;~ L-ArA_~ :EET/EASEMENT to be abandoned s:~:~Mlle :: ~~ IO.fp DATE ~_;j:;~ PHONE ~"l.:r:-n'+fJo FAX E-mail rc"6~~~t4L.'-...~c9 4cL. Ct)""1 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) ~urvey (preferably 11" x 17" or 8V2" x 11") Description of roadway to be abandoned and survey showing that portion marked with diagonal lines with petitioners' property clearly delineated and outlined, and showing all adjacent properties. / (Exhibit B) Map of Key on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. . (Exhibit C) Copies of Deed(s) - Petitioners certify that they are the sole owners of Lot(s) 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 taxes for the year have been paid on their subject land. (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 objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners seek the abandonment for the following reasons: ~\~ ~ AW~ ;;;:;;: '1Q e"1€e.p~.lY ~IO- , tJvt.P It G,:; l!}f( II. ~ ~ 1; ~ ff/lh€Jt>; 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 Commissioners to grant this petition. [ --rIs personally known to me. [ ] Provided as identification Sworn to and subscribed before me this Typed Notary Name and Number. JAN E. HOTALEN NOTARY PUBlIC - STATE OF flORIDA COMMISSION' CC87llon EXPIRES 1l11312oo3 BONDED THRUA~ '-888-NOTARY' [ ~s personally known to me. . [ ] Provided as identification Sworn to and subscribed before me this Z-~ day of " //fN tJAJ~. f ,~ ~ L-~7 Typed Notary Name and Number N ~ure and Seal JAN .. HOTALIN NotAItV MUO. STATE OF FlORllA COMMISSION" CCI118aT7 EXPIRES 1lli312OOS 6101 jeh BOND!O THRU AM 1-ee&.NOTARY'I . -- --- , e , ,p<' \ s\o( 'W''' '::::> .1 ~ (J.~. Q. os ~ s:.~, f....,;. 6;, , '!!to. .. .... 25..0' ~~.p.' ,,/ """ ~ L,o,t .- ~ ~ ".' " ./ ~ ""~,,, ~ ~ ~ ~ ". IW) 0 / C'f ./ "'" ~ ~ / ~ ". CO ."9- - .~ /. ''It' ~ /., .~ ./.. " / ". ~ ~. :)' .' ". " i /' \,>, ~i ~" Q / ./ ~ Lal 24 "\: / --f'if7~ L ::J,' .. .. .. , . ... L,(J;l .' 25 " :.".: .~ . . ;\ .. ..-. '~;:;.' " -:~~~-:;:;]E.0\"0;;;~: . - .Lo)/t 2(;" : :":. -~>..- - :;: ;';;' ;4 . - -....' . ~:;".~ .,. ~ ';"" . " , ! ~ _.,.: "7"- .. . Map of.~ l"KCffH..lJ Boundary Survey far: ~e(tSe(]nd MarIlyn Polley of 0 ~ .. Found 1/2- Iron Pipe (No /0) portiOn of Seo lone, CFJCER MOBJLE & Found N,oil &' Disc (FHH) HQUtS, Gttige,. K"r~ Key West, FL 6 Se( Nair & Disc (LB 713') o Set J5 reqor tv/cop (LB 7131) (M) Measured. (R) FJecord (Jj/Ij)J.!6fJsured &' Record Cil/;,:S" Co~rete Block Structure. . cqilf. . Ct:w;rete R\ W Right of Way f' Cent~rllrJe ! '" ~oQd Ut/?ity Pole I8l Concrett! Light Pole ~fl- Overhead Utilily Lines CJ Water Meter rES:. ' T4<i..p~Q,R~~\fIJ1~l!1! 'r"".. ~uthQm b~ tl1.e UndQrsW"ed. Ur!4',', :,~,~~g"'~~,!ijCJ~~O::Jj~~li, ':"~fJJititfs';'w~r.,!ni)l'located: ',... A1l{!~I?~i /~R;. (~i!'!:fW~d ~llt:corq) unless otherwis.~ noted. S~{~tt._;:;~,~~~~;. Se.a ~nt!,. f(ey West, FJ.: . . . rhl~._{"J;2,~~,ralJd wlthout~lle ~Jg{lature and the orl~maJ raIsed seal 01 a Ii'Jo-r~"J;~:", 'I!~~(!,~ surveyor and map.P~r. ' .. . !An.t;1~.i1;Jo,w.1J. 1t.tJl'~()rJ. wer~ 1)()t ab~tr.acted for rlghts-ol-way, easements. ownershIp, Jr<:tt..lie~'.:'~~l',:Hiijents. 01 r::ecord." ' ". .'.. . .'. 7~~t~~::'J~;?~~~~~ o~ the ce~~~rl!l1.e of Sea Lane, as S<?uth. as per plat. E:r.~pr.;g-~i~~~f~ exce(Jr)s one par;t In 10.000. aa t~fJ\;llf;"~€il!i" ~gr~: J~Jy 2~. i!(JP~. JNa,1!1'f~f.f~~ 01;: A p~rceJp/ Japdpeing iJ. p()l'tiei)of . the r~pt 01 way line of Sea Lane Se(l"'p:~~U~~ plat fWtit!t1d "Qf,U1,RJ!/Pl!lf.,E HJ).~$t:"%9l:YJ.irJ.8 tq'the plat thereo.l, ~s . ordfiftp P,f'!t fJ<?pfc ~, ~~ 1!~~~?l'ol t/Ie f'uqllc R.~ffl:JY!$ Ql'k(or1f"()~ County, FJonda, saId c~I!l~!R( !-l?9~e.l?o"!rt~clillM"JY(JesCriQtt.d~y metes 1[9~:M~~n~s, as follows: .. ;IN IJtt#~ !f~51J: c()rnt]r of Lot 25, Bl()ck fl, of the slJldplat ofCpGER MOBILE HOMES and t4~f!,~iF,~g,~fg~!pnA t.lJ.e PI'J)' ri<<pt" of ~aJ.' lin~ ftl .~i1~. 8.i!id. $t1": l..ari!! lor ~qistance. 01 JO f~~ttq'th~s:,'JX' I'ight 01 ",ay'line pi tbt] saiq Se.a 14ntt;' tht111ce' bearN SrQQ'12" E and 19 (be 1!..'J{d.ltWli rIght 01 way IlIJe of $ea ume. fOl'a. ais'tiJnceiJlfl8.84 feet to the E'Jy' It of..~~.f?4fF' Rl the said $Fa Lane,' thence '$ 80.;'40'00':". i~r a 'distance . 'of 57.27 feet' k to. tq~eaint . of lJegianill8. ' . .. .~_.:' . . . . . '-'''' . "., - !ND-4l!r~UR~Y FOR: R~e and Mftr/lxl,l PsJley; '- ~I"'~~ '.... INC. ---- - 31; .2002~'~ NJJRIlY &O'FLYNN --" ....- .- 'A S_ng, 'Inc. ' -- - - ~"".. - _. "'.' -.. - , " P.l'of: ,... ... ,41nctSuri~ ~-_._- . . ' .. ,",.<UI:.....,718&. . 3430 Duck Ave.. Key West, Fl .3J040 .~ .".~.. (~l 2i1-7422 . 'AXJ~1 213-t92.4 ) , -. .' --- ,"- ~ '_.~ . .... . ) @~~\\,~ ~@\l&\?~ r .3- . ::: ~l2.-l~;i'~~)):{"""~:"~_':_h ",_ So, ;;;,,;' ",,~';:i; l-.o:...;.: I "~~~'liW'~.:..= i:;'.<i}"~"~f1:>(? >,' ;-i1~ ',- ':~'," ~f;;:,,. -'n~".';iift";':'~~11t~";:l*;"0>: >-"'t~';;~~ :,#,'i~l' ,,' ..~ ,:(>,~, 'I!,'"iE-&;"'" 'fJlh{.>~,1:,,,.!j., "-<;t'~ . "f.~ ?;~~~{!~lj~~f~f,:~~f~~~j;, ",' " . '" 1; oS 1 y ,., ~ c 0 'j;! ,!? > '" Z r-, g r-, 8 (' ....-, 0 ''':':1 N M '-.~,~F: _ ,:7.>= ~ I CD ,. " I '. :,:t; ".ly~(~,..;.~ '" \, 0 'lit 0 M .~' M ...J LL ...... tn Q) ~ '. >. Q) ~ c: ...J - IV Q) tn CD II) ~ j .- I " .. '. .\ This instrwnent was prepared by and return to: ALLEN ,&: GOLDMAN, P.A. Attorneys at Law 617 Whitehead Street MONRog COUNTYF:q..E #:1. <2> G G :2 :2 :1. Key West, Florida 33040 ., OFFICIAL RECORDS __~.K#:L 5 :1.. e PG#4 4. <2> ._---_._.~_.._----~,- -- -.---.---- ...--.--- - -- --_.;. - .,._---.:;:-~.::--:.::::--.__.__.----:-- ...--,~._-_.~-- .._--~_.~_._-...;.. Grantee #1 S.S. No. 155-01'-3980 RCDJun021998 10:22AM Gran~ #2 S.S. No. 145-38-9497 DANNY L'K()LHAGE, CLERK' Property Appraiser's DEED DOC ST~0.70 Parcel Identification No. 00146790-000100 _ ~ 6 !_~ 2,L~~.~.~~_._ __. __. J~, E~_.~L~_. QUIT CLAIM DEED (Wherever used herein. the,.,nn .P!1I1y. sbalJilitludr-tI!e heir!. person'!.! ""P~tJ!tives:mdfOfas.~is."'~ of tho respective parties hereto; the use ofthesingularownber shall iodude the plural and the plural the singular, and the use ofany geoder shall Include all genders). ' TIllS INDENTURE, made this ..~. ~day of May, '1998, between SCHARF LAND DEVELOPMENT CO., whose post office address is P.O. Boxl17l; Ballwin, M06J022-1171of the County of St. Louis, State of Missouri, grantor, and JUffiSE PALLEY and~YN A. PALLEy,husband and wife, whose post office address is 156 Sea Lane, TamaracPark,Key West, FL 33MOofthe County of Monroe in the State of Florida, grantee, WITNESSETH tbatsaid grantor, for and in consideration of the sum ofTEN DOLLARS AND 0'1 HER GOOD AND VALUABLE CONSIDERATIONS to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has remised, released, and quitclaimed, and by these presents does remise, release and quitclaim unto the sai4party of the second part the following described land, situate lying and being in the County of Monroe,. State of Florida, to-wit: PT Lot 26, Block a, portion lying Southeasterly of a Southerly extension of the West Line of Sea Lane and PT Lot 1, Block 9, that lies Westerly of the East side of Sea Lane, recorded in Plat Book 5, Page 77 of the Public Records of Monroe County, Florida. TORA. ~ ~ To llQ,t:othes~e,tQg~tber witb~IAAd. singql;;u- the, apPurten~nces thereunto belonging . or in anyway appertaining, and all estate, right, title, interest and claim whatsoever of the said party of the fItst part, either in law oreqwty, to' the only proper use, benefit and behoof of the said party of the second part. IN WITNESS WHEREOF, the said grantor has hereunto set his hand and seal the day and year first above written. C SIGNED, SEALED.AND DELIVERED \ !NOURPRESEN"CE: SCHARF LANP,DEVELOPMENT CO. ~'~ . '.- . '" .. . .....,;"., ~ . .-:' ,,':'-: .-- .-- . -< .'. " :' . - : ._.B....Y....".........~..............,...,..........'.'. " .~:'-'~t'-:,":- IJJI"!I ~.~.~, "'&1 : , ~.'" -: tij~ ~~., WITNESSESASTOSIGNATURE '~";";,~_. : .' '. ,'. . . " . ""Q't S1'*tJl QF MI~SOIJRI ) . ~.~ CQ~+X9};';.SJ~.t()W& . ,) '." _ .,_ '. :-:"'<"'. .'..,. ,c, .0,>>,"''-' ""':<<'-...' -',' "," '"" ,. ,-., ,',.,. " ,-i.,6.;k,....... 1~~~fIFY ~ !lI>'l.'I~<laY~1~8~ ~~.an()fli~<h!Iy~ '!' .:'" ~$f~r;~;_an(itaJce'ac~~Jeqgm~~t$i~e~J.c:l~tofSCI:IARF LANI>,DEvp;L~PM.ijNT "','_:'y ~" o.-.--.'..'....".,,::l....,.ollb.....,..->.".'...__S.... ~h...'.atf.../..'..:..;.".;::.>W..h....h:t. x.'.e.'C.'n. ted'th.e ".f..O.":..re.."!gPfug dtied' and 'who ,has Fodu~ed ". .,.- . .... ...:t,~~~~ .,(" ...' '. as id,entificatlon. . ',,-----, IN\lllTNE. ,..........'..S S..... WHE...,.......'i.,.,....:RE.,. ....... 0.. F..rlheI.... e..... un..., to s. et m., ..Y..h. atld. an..id.,O... ffi.....C..i. ale seal~;t.. >.~ ~.,.</'d CountyandSta~thi$b16'r:litay of '7r .,~ .... '..'._... .1998. . '.. . .. ~ L~' .-"'. - - - ", " . . >~;'''.., ..I;~ ~~t;~~.~~If}/'Sl>tI (SEAL) MyComfuission EXpires ".,",.'IIi~~.,~~T,i;f~~,~.~;,~:,t(1:Z!:.1..i8Oi, '.", ", orp:t:CIAL .a..cPRD,$ , . /' ' , '- ".'. - -. '- ' - ..." .' ~'. .- ~;" ' , -j1q.,cjJ 0'<0'" .. .... flff This Instrument Prepared by !/..... . 6 0 6 5 Bet I 3 6 6 'AlE 0 a 9 4 Add/ess: "SAME II Grantee Name and 5.5. ,: REESE PALLEY Grantee Narne.lind .s.s. '; MARILYN ARNOLD PALLEY J, SPACE ABOVE THIS LINE FOA PROCESSING DATA _Ql3ln~mturt,~. ~~_ _. ~ _II.,.,., I~""'" ')Ior(y" _ /4dwI,,~ /win. _ _,.11..".-. _lor=,M ofdw tap<<l1.. ptV1/aiwrrto; 1M..... of III. ~ _bn >WI11tcIWl< 1Jw;hu.l. /RId 1M pIunIIl~ ~ 1M iuor of lDlJ'.- _ ~ all ,.nd.,s,' "'4 II ~ 1M ,_ J:::S:...-" _U.1ncItaM allllN._ _1>1 tIctai_1I1fNW 1_."'" ". Made this J ~. day of .. . 'August A. D. 19 95 ilmurm **CARMEN RAYMOND and PAULA RAYMOND, his wife** whose address is: 43 Huron Avenu~, Wayne . 01 the County of. in the State of New Jersey "":::~~:~:;:;::;di:~tPl1'!t~L~l,~; "M.',#;ra-~".3W ~;/E~ hi.3;t/.l~* of the County of JYl ()~ in the State of pi oel~ porty of the second port, -lthtssttb. that the said porty of the. fi '.rst. port, for and in consider.. ation of the sum of TEN DOLLARS AND NO/100 AND OTHER GOOD' AND VALUABLE CONSIDERATION Dollars ,- .<r . . to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged. has granted, bargained and sold to the sold porty of the second port his heirs and assigns forever, the follow.ing described land, situate lying and being in the County of Monroe , State of F1orido, to wit: Lot 26, Block 8, GEIGER MOBILE HOMES, less that portion of said lot <:'."~' :f,,;'.;:lx.i;IVi: SO).ltheaste-rly of a SoutherlY.exte.ns;l.Qnof .th~ ,West line of ~~~,:: i':~t;~?~~~c"'t,~ne;\:;'a'SUDdi"1sion acco!,di,rt9'.' to the' Plat thereof I reeo-rded ~n Plat Book 5, at Page 77 of the Public Records of Monroe County, Florida. '7 .~ ~'1 SUBJECT TO: Taxes for the year 199.5 and subseq~~cye~. ~. SUBJECT TO: Conditlon~, limitations, easements~~ r~trictions of record if any. fTl;:x''''' ~7' ' n ' C On N 'r, c:- - ''''' Z~:: :.u ~~ -,' - ;;g (TJ . -, - r:: ...,.. .b:.Q Property Appraiser's Parce/Identification Number: 146790-000000 C:::', \().. .)g.,.. '", And the said porty of the fITSt part does hereby fully wa"ant tlu! title to said land, fmd will~/~ Jh.! ".lJl"e',. against the lawfutclaims 01 (l.llpersons whomsoever. " , f'" ;_ . . ./>":. )uBliUlt..11 Bllptrwf. the said party of the first part has htreu"ioift hls"/,gp~ 'kit s.eaf1lle.....doy j " _ '~'bqv< w;" ~:"~~:;::,.:i;:. ,< ":".' '. - '.,' ',' .:: ....c....,.........."...:,:...,;. ',. ., [..$. . ' . ~N.' R' . .~ '~_"_'_''''_ 1 ,f~..~.s. PAULA RAYMOND .. ''-':<''. 2 -'..,;. . .,...... . _. _____0. ReD Jan 15 ZU2 021HPM ,DANNY L KOLRAGE, CLERK THIS INSTRUMENT PREPARED BY AND ,RETURN TO: '- ~:~ ',', FJa,.P~' KqJ:NIG, . & HIGHSMITH, P.A. DUD DOC ST~2823. 88 3168,NORTHs\De: 0f:U'IE ,-01/15/2U2 DIP eLK ......,_. -' '. -'-"',. KEY WEST, FL 33040 Property AppraIsers Parcaf ldentfi::atlo/1 (ForlO) Numbers: 00146780-000000 Grantees SS #I: ~, ' fA," , " ' '" ..AC:I: AfKNE THIS UNE FOR I'ECOROlNO DATA ' ",. 'i{~~!~~i~~y)~:;'DJ~."~'thff~thhdif{,l:~an\I~S~'JJ~'i'2A~~~fe.H4IJB,'.4fI__'PEtvq,oi leE " WAN<<7fiUiISiifRnnlF'wtf./'l'lelDi"~'th.".gr~lOr'i~;~~~~~"'VN.;~ARNOt;D"'PAUEV huaba~d and wife whose ~os\ office addrMs ~ 154' SE~' '..';'~., iiif",;" ": 'fKW:..WEST,.Ff....~~P~ hlll'8nan. called the Grantees: CWf).""" .'y..d ".raln the ,.rm. -grantor. and .g~&At... Include.... th. partl.. to thl, ~.trum.nt and the h.'..... legal r.pr...ntatlv.. and uatgn. 0' In4Iv1d~aJo. &lid tho ouce...oro and ...Igno 01 oO'pO..t1ono) ~~\ WIT ME S, SETH: Th.. ,U!egrantors, for and n consideration of the sum of TEN AND 00/100'8 ('10.00) Dollars and oth. vWab"conSIderatlonI, (1lC8~twhel'eof Is hereby ackn~, hereby ~ta, bargens, sells, .\leOS. remlsM, tWases. conveys andconftrma unto the gr&n"al that certain land slluate In MONFlOE CQUnty, State of FlorIda, vIz: Lot 25, Block 8, GEIGER MOBILE HOMES, a Subdhtlalonaccord'"gto . the Plat thereof, Pr"i' , . .. .r:eCOlcl."eJalt~"he!.~!I9.;.n, p"D)e ~~lc,R.ec;Qr~~Ol,.~~~C).'.!~~~ Florid.... TOGETHER, wlh aD the tenements; hlll'8dbmerils and appurtenancel theretobelbnglng or n anywlle appertanng. TO HAVE AND TO HOLD, the same i1 fee Ilmple forww. ,--. . ., "~"-cr . pie; that the . . ' gnurtorI ~. .' . .... .. ..... .". .... """"'c~':;-T'~~' '. .. ..UIUJL~,~L_ the same aganst the lawful clams of an persons whomsoevet; and that said iandle' free of al,encu~ except t8x8S accruing subsequent to December 31, 2002. IN WITNESS WHEREOF, the said {J'lUltors have signed and sealed these presents the clay and year ftst above wrltsn. iif~~.: ~...... La r~C:S: \Y~I~ER KEY,I<EY WEST. FL Q)4O ~;I'.....~.......~ .... ~K~/ La ~~~~tq:".~~ PUNE WANG. '.' '."~. . 154.SEA E . GElGER'l<EY, KEY WEST, FL 33040 WlIness 'l2PJ1nted N&nl8 ' ,; .,', ," ' ", ..,,- SEAL My COmmission exp....: ~\\"\\""mll~ ~0'a~ ~~... ......... z ~..' . -~... . ~ ~ ...' ,'. -f:/i;-. ~ ~ ',,,,, ~15,~~. <:; ~~'~]'~;'i' . ~ . :~:,-'i_ "', " '~ ': ~,*:-:< - ~~... ,:"",.5' . !.~\..~.. .' ~J\t~"'t."""'f"""U ,:,,-,, , , - ~~~l\. .... . - ~ ~....... .......~..... Key West, Fl. 33040 ACCESS EASEMENT TIllS EASEMENT, Made this Sf/.- day o~ 2004, by and between !be Reese Palley and Marilyn A. Palley. Grantors, whose ad ss is 156 Sea Lane. Key West, Fl. 33040. to Reese Palley and Marilyn A. Palley, Grantees. WITNESSETH: WHEREAS, the Grantors and grantees are one and the same; and WHEREAS. the parties have petitioned the County to abandon a portion of Sea Lane, Geiger Key, Monroe County. Florida. as platted in the official records of Monroe County at Plat Book 5. page 77, subdivision of Geiger Mobile Homes; and WHEREAS. the parties own Lots 25 and 26, Block 8 of said subdivision; and WHEREAS. it is necessary to insure that after the abandonment, Lot 26 will continue to have ingress and egress access should the parties sell Lot 25; a utility easement; NOW. TIIEREFORE, for and consideration of the accessibility to be made available to Lot 26. the Grantors do grant to Grantees. their successors and assigns. a perpetual easement on. over and above that portion of Sea Lane which is described in Exhibit A and attached hereto fOT the purpose of ingress. egress. to Lot 26. tiJv/d& STATE OF FLORIDA COUNTY OF MONROE hiS.S day of () who provided h-edR.rIcl:.1f /1.. t..k~ Typed Notary Name and Number tu~fNHITE tit IS8' CC 820134 EXPIRES: JIiy S. 2004 IIondIdllrv NOlIIY I'IIllIo ~ " 1 . . - 1 EXHIBIT. A A portion of Sea Lane. as platted in the official Records of Monroe County. .,. _..- Florida. as. platted in Plat Book 5, Page 77, and more particularly described as follows: . . c~ BOUNDARY SURVEY OF: A parcel of land being a portion of the right of way line of Sea Lane as shown on the plat entiUed -GEIGER MOBILE HOMES" according to the plat thereof. as recorded in Plat Book 5, at Page 71 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes and bounds as follows: BEGIN at the NE'Jy corner of Lot 25, Block 8, of the said plat of -GEIGER MOBILE HOMES- and run thence South dlong the W'Jy right of way line of the said Sea Lane for a distance of 55.00 feet to the NW'Jy right of way line of the said Sea Lane; thence bear N 3r05'12- E and along the said NW'ly right of way line of Sea Lane for a distance of 96.84 feet to the E'Jy right of way line of the said Sea Lane; thence S 60.49'00- W for a distance of 57.27 feet back to the Point. 'of Beginning. . ...... . I . ! .. ; I U f1UPLICATE U I [fANNY L KOLHAGE IiONROE COUNTY CLERK OF CIRCUIT COURT Har 05, 2004 04:20plI R~c~ipt # 224198 Drawer PW-DRAWER REESE PALLEr Operator: pwilli Al1lount 10.50 Instrument N 1429362 Type EASIiT Book N 1981 Page # 463 Tillle 16:19 Recording Fee 10.50 Reference: PALLEY 1540 10.50 CK LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY LINE OF SEA LANE AS SHOWN ON THE PLAT ENTITLED -GEIGER MOBILE HOMES. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 77 OF THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN AT THE NE'LY CORNER OF LOT 25, BLOCK 8, OF THE SAID PLAT OF -GEIGER MOBILE HOMES. AND RUN THENCE SOUTH ALONG THE W'L Y RIGHT OF WAY LINE OF THE SAID SEA LANE FOR A DISTANCE OF 55.00 FEET TO THE NW'LY RIGHT OF WAY LINE OF THE SAID SEA LANE; THENCE BEAR N 31005'12.E AND ALONG THE SAID NW'L Y RIGHT OF WAY OF SEA LANE FOR A DISTANCE OF 95.84 FEET TO THE E'LY RIGHT OF WAY LINE OF THE SAID SEA LANE; THENCE S 600 49'00.W FOR A DISTANCE OF 57.27 FEET BACK TO THE POINT OF BEGINNING. . / EXHIBIT D John M. Koenig, Sr. Chairman Key West Florida Keys Lynn C. Mapes Grassy Key Aqueduct Authority Mary L Rice Secretary-Treasurer Marathon Post Office Box 1239 1100 Kennedy Drive Linda B. Wheeler Key West, Florida 33041-1239 Key West Telephone (305) 296-2454 Harry E. Cronin Key Largo Roger Braun January 6, 2003 Executive Director Mr. and Mrs. Reese Palley P.O. Box 1471 Summerland Key, Florida 33042 Re: Lots 25 & 26, Block 8 and a portion of Lot 1, Block 9 Geiger Mobile Homes Subdivision, Geiger Key, Florida Dear Mr. and Mrs. Palley: The FKAl-\ Board of Directors approved at the December 19,2002 meeting, the a~ove referenced project. Staff has researched your request and has no objection to the abandonment. There are presently two meters and piece of2" water main located in the approved abandonment. The Owner has agreed to relocate the section of water main and the meters to the new right-of-way at his expense. 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/pm cc: Bob Feldman, General Counsel Arlyn Higley. Director of Maintenance Dept. Monroe County Building Department EXHIBITS E , (\6 J l \,0 S'-O( ):) \\,,8 II) .Q ~~ .c: ~ ...::: '-..:; , ~ ~ , I . ~ ...= I ~ . ~ ~ ~ , 25.0' I 25.0' " " ~ j ~ II) Lo .' " E' , ~ " ..- I i ~ II...." '-=- , ~, :lo ~ , , ~ 2:/~ ~ ::\. 0 " " , ~. ~ ~ , , ...= &l! ~ ~ ." " " " , ca. .". ~ , ~ I . II) t..J , ..- II) , E ;0 i3 " ~ I' ..- 2: ~ .~ ,,/' ~ -II) ~ ~ I ~___ 0 " e: Q ~ .(1\ I' ..... ..- (,) ~ lI) 0 " Vj . '].1 ,. ..- 0 I " ~ ! ~1. " , ~. .~ " 'tll I . I Point of Beginning i NE'Jy comt1r Lot 25 , I ,,'y . ..- I " Lot 24 " " I " " . " " , " , ........ , ~' OlILI7''t e-M~1't\ ffMi/ / "10 '!.€ .NoT €r-. o,o.j , , " ~O LVI[ '1' ..- " I' , " 4,' " , " ,. " ..- " I Lot 25 ( Lot 26 --- -- ----- ~"'\..c,:'7 --..,,-~ ~ (305) 295-1000 1001 James Street PO Box 6100 Key West, FL 33041-6100 www.KeysEnergy.com UTILITY BOARD OF THE CITY OF KEY WE 5 T August 30, 2002 Mr. Reece Palley 156 Sea Lane Key West, Florida 33040 RE: ROAD ABANDONMENT Dear Mr. Palley: Keys Energy Services has no objection to the proposed abandonment as per the attached survey. If you have any questions, please feel free to contact me at (305) 295- ~O55. Sincerely, UTILITY BOARD-CITY OF KEY WEST "KEYS ENERGY SERVICES" p&al Manager avid D. Price Engineering Services Supervisor DDP/ba c: C. Jansen, General Manager D. Finigan, Director of Engineering/Control Center Attachment Utility Board Members Robert R. Padron, Chairman Dr. Otha P. Cox, Vice-Chainnan Leonard H. Knowles, Member Gayle Swofford, Member Lou Hernandez, Member sandy/easelell ~ ~ 3ATaT - AT&T Broadband & Internet Services 1700 North Roosevelt Blvd. Unit 2 Key West, Florida 33040 305-296-8038 August 22, 2002 Mr. Reese Palley Mrs. Marilyn Palley 156 Sea Lane Key West, Florida 33040 RE: Road Abandonment Sea Lane, End of Street, See Attached Survey Dear Mr. & Mrs. Palley: . AT&T Broadband has no objection to your road abandonment on Sea Lane on the attached survey. If you have any further questions please feel free to contact me at 294-0992 x105. Sincerely, AT&T Broadband ~~7yJ..:4- Jerry Puto, Construction Supervisor , -, tha. t ~, (GeIger Key) in Monroe County, Florida, , A parce~ ofland being a portion of the right of way line of Sea Lane as shown on the plat , entitled "GEIGER MOBILE HOMES" according to-the plat thereof, as recorded In Plat Book 6~ at 'Page.'n"of the 'PublIC Records of Monroe County, florida, said parcel being more .,~ partlcula"rly desaibedby metes and bounds as follows: BEGIN at the Northeasterly comer of Lot 25, Block 8, of the said plat of "GEIGER MOBILE HOMES" and run thence South along the Westerly right of way line of the said Sea Lane for a distance of 55.00 feet to the Northwesterly right of way line of the said Sea Lane; thence bear North 310 05'12" East and along the said Northwesterly right of way line of Sea Lane for a distance of 96.84 feet to the Easterly right of way line of the' said Sea Lane; thence South 60049'00" West for a distance of 57,27 feet back to the Point of Beginning. A general easement for the Installation and maintanance of overhead wiring and all appurtenances necessary. . Together with the right of ingress and egress over property of the grantor(s), so as to afford the grantee complete use and enjoyment o( this easement, including the right to cut and trim, frOll\ time to time, tre~ brush, over-hanging branches and other natural obstructions on therve / described land, which lIIay injure or interfere with the full and pomple1:~ use of the aforesaid easement....... // ~ This easement shall terminate if at any time itsii~e i~''4is tinued for year(s). . /: IN WITNESS WHEREoF, these presents have been.8xecuted;b herein, all as of the day of A.D. 19 .j Signed, Sealed and Delivered in the presence of: ,/'- ~~ ~J \ ... (Witness) f2J~ (Witness)' MARILYN PAllEY, GRANTOR STATE OF rU"fl!>,. ss COUNTY OF m""/f?II& , On .:fKPr.II?R~l2-t ..?.,..~ before lIIe the undersigned, a Notary Public in and for said County State, personally appeared Rtr~SE P#LL7 ANI. hI..IfZJL.'f'" Jl'JltLJ-6~ known to lIIe to be theperson(s) whose. names 1I~1r suhsc ibed to the within instrument and acknowledqed that .c executed the B8lII8. S .......:;: - ~!'I'~ r:i= RQl1PI(lIlEZ Notary Publio in an fo ~ '.IV c:"'; ,~r"'l 1>0 '':5400 said County and State :', c-~"" ';'1'" '7 2l'.J4 . .; 6Q";<~'" ,~:.., ~ l......- BELLSOUTH TELECOMMUNICAnONS@ 650 United St Key West, FL 33040 Office: (305) 296-9078 Facsimile: (305) 294-4062 September 18, 2002 Marilyn and Reese Palley 156 Sea Lane Key West, FL 33040 Subject: Roadway Abandonment of Sea Lane along lots 25 and 26, Block 8, Geiger Mobil Homes Subdivision, Monroe County, Florida To Mrs, and Mr. Palley: . Our engineering department has reviewed the above referenced request. Presently, BellSouth has existing facilities along the western boundary of the area in question. BellSouth has no objections to the abandonment of the above referenced Right of Way provided that a 5 foot utility easement is granted to maintain those facilities. If further assistance is needed, please do not hesitate to call, Earl Beck, at (305) 296-9078. Thank You, L ~ Earl Beck Project Manager, BellSouth .N<.~ To whom it may concern: We, ~14~W LO~6 , the owners of 152 Sea Lane, Geiger Key, Key West, Florida, have no objection to the petion for road abandonment requested by Reese and Marilyn Palley. ----~~------- 10-3-07- ---- --------------- EXHIBITS F . Robert E. & Kathy A Huff 534 Hickory Street Milford, MI 48381-1649 Phone: 248-685-9818 Fax: 248-685-1344 Email: Khuffi234@aoI.com h 01- ()I J.tJ ~ d--' To Whom It May Concern: We, Robert E. & Kathy A Huff, the owners of 135 Sea Lane, Geiger Key, Key West, Florida, have no objection to the petition for abandonment requested by Reese and Marilyn PaHey, ~~~- ~ Robert E. Huff --~._.~~ I (-.' ..-...- BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 O~~Y~~!!~E Mayor Pro Tem Murray E. Nelson, District 5 George Neugent, District 2 Charles "Sonny" McCoy, District 3 (305) 294.4641 David p, Rice, District 4 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63,d St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX . INTEROFFICE MEMORANDUM DATE: June 13, 2003 TO: Suzanne A. Hutton, Assistant County Attorney FROM: Arthur "Wally" Romero, Assistant Fire Marsh@ SUBJECT: ROAD ABANDONMENT INSPECTION: (Sea Lane, Geiger Key) . 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 @RoadAbdnIRoadAbdn/mw7.0 RECEIVED JUN 1 6 2003 C4v( MONROE COUNTY FIRE MARSHAL'S OFFICE MEMORANDUM TO: Suzanne Hutton Assistant County Attorney FROM: David S. Koppel db' RECeiVED County Engineer . I DATE: October 28,2003 OCT 2 9 2003 RE: Road Abandonment Petition MONROE COUNTY ATTORNEY Sea Lane, Geiger Key We have reviewed the above-referenced petition as well as our file and can find no document that shows the boat ramp or the land underneath to be owned by the County (except for a very small portion within the existing right-of-way). Therefore, the boat ramp would appear to be privately owned. As such, we have no objection to the abandonment as proposed. DSK/jl SeaLaneAbandonmentSuzanneHutton.DOC .,......,..................,.....,......,........,.,.....,...................,..,..............,..................,..........,.. .........,....,......,........,.,..,......,......, .,.".........,.........,.,..........,.,....,.,.........,......,........... ......,..... ,.....,........................,...........,........,.,....,.........................,..... MEMORANDUM ..................................................,............,.....".,.........................,....,......................... ..,........................,..,.........,....,.., ...............,......................................,.........................,..............,..................,.........,.......,.......,.......,....,....,................... To: Suzanne Hutton, Asst. County Attorney From: K. Marlene Conaway, Director of Planning & Env. Rest ~ Subject: The road abandonment for Sea Lane, Geiger Key RECEIVED Date: March 12, 2004 MAR 1 e 2004 MU/\:/iU.:: CC\;:.: \1 .~;! C2."\~\' Per your request of March 9, 2004, our department does not have. any objection to the road abandonment petition for Sea Lane on Geiger Key. In researching your request, I found a memorandwn from February 5, 2003 in which we discussed the need for Monroe County to preserve access to open water for the residents of Monroe County. In that same memo, we related that this petition does not interfere with that directive therefore our department has no objection to the petition. Please let us know if you require additional information to complete this request for Geiger Key. AGREEMENT ~ THIS AGREEMENT between Reese Palley and Marilyn Palley (hereinafter "Palley"), and the Tamarac Park Property Owners Association, Inc., effective this 13th day of July, 2004. WITNESSETH: WHEREAS Palley has petitioned Monroe County for the abandonment of a portion of Sea Lane, Geiger Key, Monroe County, Florida, as set forth in Resolution No.: 162-2004, of the Board of County Commissioners of Monroe County, Florida, said land being described in Exhibit "A" attached hereto, (hereinafter the "parcel") and WHEREAS Palley owns Lots 25 and 26, Block 8, Geiger Mobile Homes, Plat Book 5, Page 77 of the Public Records of Monroe County, and WHEREAS after the abandonment, the parcel will become appurtenant to Lot 25 and WHEREAS the parcel is located within the subdivision known as Tamarac Park, and WHEREAS the Tamarac Park Property Owners Association, Inc., (hereinafter the "association") is a homeowners association comprised of the property owners in Tamarac Park, and WHEREAS subject to the terms and conditions set forth herein, the Tamarac Park Property Owners Association supports the petition of Palley for the abandonment. NOW THEREFORE in consideration of the mutual covenants herein the parties hereby agree as follows: 1. Tamarac Property Owners Association, Inc., supports the petition of Palley for the abandonment of the parcel, and its officers will execute such documentation, if any, as is appropriate to evidence said support. 2. After the completion of the abandonment to Palley, Palley covenants as follows with respect to the abandoned property, which covenant shall remain in effect as long as Reese Palley or Marilyn Palley, or any entity affiliated with either of them, own any beneficial interest in Lot 25: (a) No fences will be located on the abandoned property or up to and including the sea wall along the shoreline in the area the hypothetical Sea Lane right-of- way would extend in a straight line to the shoreline. i.~ (b) Palley will provide seating in the parcel for members of the association and their guests. ~ (c) Palley may landscape the seating and viewing area but will seek approval of the association board of directors prior to planting said landscaping, it being the intent of the parties to provide shade and beautification while preserving a view of the water from Sea Lane. (d) The association will use its best efforts to have its members keep the parcel free of litter and dog waste, and will agree with Palley to the imposition of certain rules for use of the parcel including, without limitation, prevention of use of the parcel by minors without adult supervision, exclusion of non-residents, no parking in parcel, it being the intent of the parties that the parcel shall be the property of Palley subject to a license in favor of the association for view and seating as described herein. (e) Palley may erect a sign setting forth rules as set forth above and other reasonable rules and may take reasonable actions to enforce the rules. IN WITN e parties execut this Agreement this/3 ~ day of July, 2004. Tamarac Park Property Owners Association, Inc., a Florida corporation ( B~ ----.., ndo . 0 --- As President .--- / 1// ~. .".,..1)11' ~ . ---- Petitioners Reese & Marilyn PaIJey RESOLUTION NO. 162 -2004 A RESOLUTION SErrING THE DATE, TIME AND PLACE FOR A PUBUC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION SEA LANE, GEIGER KEY, 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 COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board will hold a public hearing on July 14, 2004 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: A PARCEL OF LAND BEING A PORTION OF THE RIGHT OF WAY LINE OF SEA LANE AS SHOWN ON THE PLAT ENTITlED "GEIGER MOBILE HOMES" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 77 OF THE PUBUC RECORDS OF MONROE COUNTY, FLORIDA, SAID PARCel BEING MORE P ARTICULARL Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGIN AT THE NE'LY CORNER OF lOT 25, BLOCK 8, OF THE SAID PLAT OF "GEIGER MOBILE HOMES" AND RUN THENCE SOUTH ALONG THE W'LY RIGHT OF WAY LINE OF TISAID ~ lA,tJlE FOR A DISTANCE OF 55.00 FEET TO THE NW'LY RIGHT OF WAY LINE OF TH A~ S~ l..mE; THENCE BEAR N 31.05'J2"E AND ALONG THE SAID NW'LY RIGHT OF WAY OF ~~ Fc@A DISTANCE OF 95.84 FEET TO THE E'LY RIGHT OF WAY LINE OF THE SAID SEA~; l1j1ENC-i1 S 60- 49'OO"W FOR A DISTANCE OF 57.27 FEET BACK TO THE POINT OF BEGINNIN~g: ....., ~ :z;::Oo . -f (") r- 1J:a :::0 PASSED AND ADOPTED by the Board of County Commissioners of:At1woifou~, Florida, at a regular meeting of the Board held on the 21st day of April, .,Ah~ c:? a ~v -:::0 . .c- r:J Mayor Nelson ab~pnt: Mayor Pro Tern Rice YP~ Commissioner McCoy YP~ Commissioner Neugent YP~ Commissioner Spehar YP<>. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY l. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA B~~ By ~ Deputy Clerk MONROE COUNTY ATrORNEY +t ' ~~ Mayor Pro Tem "=~ "'V SUZANNE A. UTTON _ ASSIST~~~U~YATTORNEY Date_~~ -