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
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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:
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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
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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
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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
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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. ' .
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!ND-4l!r~UR~Y FOR: R~e and Mftr/lxl,l PsJley;
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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.
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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$b16'r:litay of '7r .,~ .... '..'._... .1998. . '.. . ..
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(SEAL) MyComfuission EXpires
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orp:t:CIAL .a..cPRD,$ , . /' ' ,
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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'
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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;:. ,<
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1 ,f~..~.s.
PAULA RAYMOND ..
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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
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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.
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r~C:S: \Y~I~ER KEY,I<EY WEST. FL Q)4O
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~~~~tq:".~~ PUNE WANG. '.' '."~. .
154.SEA E . GElGER'l<EY, KEY WEST, FL 33040
WlIness 'l2PJ1nted N&nl8 ' ,; .,', ," '
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SEAL
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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
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Point of Beginning i
NE'Jy comt1r Lot 25 ,
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(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_~~
-