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Item R07 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4/20/05 - KW Division: County Attorney's Office Bulk Item: Y es ~ No Department: County Attorney's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of Tarpon Street, and an access driveway to Lot 28, as shown in Plat Book I, Page 103 ofthe public records of Monroe County, Florida. ITEM BACKGROUND: Petition has been reviewed and approved by Planning, Engineering and Fire MarshalL PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on MAY 18, 2005 in Key Largo, Florida. TOTAL COST: Petitioner Pays BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Att4- OMB/Purchasing _ Risk Management _ DMSION DIRECTOR APPROVAL: DOCUMENTATION: Included Not Required_ DISPosmON: AGENDA ITEM # Revised 2/05 Petitioner Daryle L. Osborn RESOLUTION NO. ~2005 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF TARPON STREET, AND AN ACCESS DRIVEWAY TO LOT 28, AS SHOWN IN PLAT BOOK 1, PAGE 103 OF THE PUBLIC RECORDS OF 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 May 18, 2005, 2004 at 3:00 PM, at the Key Largo Library, Key Largo, 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: DRIVEWAY: THAT STRIP OF LAND APPROXIMATELY 10 FEET X 50 FEET MARKED "DRIVEWAY" LYING BETWEEN LOTS 27 AND 29 AS SHOWN ON THE PLAT OF TAVERNIER COVE, RECORDED IN PLAT BOOK 1 , PAGE 103, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. ROAD: ALL THAT PART OF TARPON STREET LYING SOUTH OF THE SOUTHERLY LINE OF SUNRISE DRIVE, AS SHOWN ON THE PLAT OF TAVERNIER COVE, RECORDED IN PLAT BOOK 1, PAGE 103, OF THE PUBLIC RECORD OF MONROE COUNTY, FLORIDA.. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 20th day of April, 2005. Mayor Dixie M. Spehar Mayor Pro Tem Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David Rice (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By MONROE COUNTY ATTORNEY APPR0\~~~ AS TO FORM: Mayor Dixie M. Spehar SUZANN'E-A~HU nON ASSISTANT COUNTY ATTORNEY Date NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on May 18,2005, at 3:00 PM, at the Key Largo Library, Key Largo, Florida, for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall be abandoned: DRIVEWAY: THAT STRIP OF LAND APPROXIMATELY 10 FEET X 50 FEET MARKED "DRIVEWAY" LYING BETWEEN LOTS 27 AND 29 AS SHOWN ON THE PLAT OF TAVERNIER COVE, RECORDED IN PLAT BOOK 1, PAGE 103, OF THE PUBLIC RECORDS OF MONROE COUNTY. ROAD: ALL THAT PART OF TARPON STREET LYING SOUTH OF THE SOUTHERLY LINE OF SUNRISE DRIVE, AS SHOWN ON THE PLAT OF TAVERNIER COVE, RECORDED IN PLAT BOOK 1, PAGE 103, OF THE PUBLIC RECORDS OF MONROE COUNT. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COI\1MENCING AT NORTHWEST CORNER OF SAID LOT 31 ON THE SOUTHERLY RIGHT OF WAY LINE OF SUNRISE DRIVE, THENCE RUN IN A SOUTHEASTERLY DIRECTION ALONG THE NORTHEASTERLY LINE OF SAID LOT 31 AND THE SOUTHERLY RIGHT OF WAY LINE OF SUNRISE DRIVE FOR A DISTANCE OF 86.57 FEET TO THE POINT OF BEGINNING OF THE UTILITYE ASTMENT HEREINAFTER DESCRIBED: THENCE CONTINUE IN SAID SOUTHEASTERLY DIRECTION FOR A IDSTANCE OF 10.00 FEET; THENCE WITH ADEFELCTED ANGLE TO THE RIGHT OF 90 DEGREES AND IN A SOUTHEASTERLY DIRECTION FOR A DIST ANCE OF 5.00 FEET; THENCE WITH A DEFLECTED ANGLE TO THE RIGHT OF 90 DEGREES AND IN A NORTHEASTERLY DIRECTION FOR A DISTANCE OF 5.00 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 50.0 SQUARE FEET. Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 20th day of April, 2004. DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County (SEAL) Commissioners of Monroe County, Florida Publitation date: The Reporter Friday, 4/22/05 FRCX'1 : I<EY5EI'Ii I tER II'G l1ar.ll 0203=11,- ~ \ FAX NJ. : 3e58S22924 Hanr"oe Co",n~::a Feb. 137 20B5 B9:S7R1 P2 3D52954321 p.4 .:. .' BaAt) ABANpt)NMENT PETRlOH DATE~OS' NA.ME ':lSLA~b ESCAA:5 I ur ~ ADORESS 'Jib' [))~ t..k.J" :t:s.l...AfY'IOt'lA'bA ~ ~~ '. . 4 ... STREET IEl\SEMENT/ErC. (to be abandoned) ~~ ~Vl= ;.. , " We hereby petition the Honorable Board of County Commissioners ta renounce end dISclaim any right of 1he County and tn. public: In cmd to the "reet, allq-way, I'OCId Of highwgy as deset1bed In the following a~achmenb: (ExhIXt A) Survey Desafptlon of roadway to be abandoned and SUN'ey showing that portion marked YIIth dkigcnal lines with pelitJonera' property c1eac1y delineated and outlned. and .howlng all adjacenf pmpertio$. " (Exhibit B) Map of islandlkey.on which road is located, clearly showing US I. Mile Marker number and portion of read to be abandoned. _ (Exhibit C) Copies of deed(sl . Petitioners certify that they ant the sole owners of lot(s) '!J'1 - .33 . and that the abandonment of said road will not toke away from other property holden' right of Ingress end egre>> to thai' proptWty, and that the--tr'_ taxes on their subjtlct land have been paid. 'C.oO'f {exhibit DJ Legal c:Iesc:rlptlon of lhat partian of roadway which petitioners seek to have abandoned. ~lbib- f:.l. E-2. E-3. e-4J - letter1 of nQ oblectlon from ubTIty comparu. - including. but not limited to, weter. electtlcify. telephone. cable TV. (EJChibit F] - Latters of no obiedlan from aU CJdjQcent properly owners and Ust of names and Oddr9SS8S ~ all adjacant properly owners. Petitioner5 seek: the abClndonment for the following reasons: . ". ~ jl.t..)'b Lx11\.IIEUoFW ~ "'\e<JJ~ 2E:E~ ~ua~"t-.. ~LAt.J\) E~Pe... not..)b Ai I: '"n\€... 1l!oPE,?" Ab::J~A1l"'""fI")" '""T\tE . . ~~WA-'{ Af&)l) ~\..>1lN ~"b ~E. oef~~AL 'r~ofL , A~eJiSS. o~ ~ ""N?J~ ~ ~ ~ NO ~ ~,.effi. Icf2 . FRO'1": I<EYSeG I!\EER 11'6 H.~ 11 02 03;12, FRX 1'0. : 3BS8S22924 Hon...oe Caul'\e~ . Feb. 07 2005 1a9' 58AM P3 305~S5~321 . P.b ,..titicnerl agee to be fe$Ol'\SI'ble fer and. pay fa' aU costs of advertising and recading fees incurred relatIVe ta this request lor the vccctlon. " Pefltloners furthwr agree 'to ~nt any ElaSemem necessary for the tumilhing of utilities. inCluding ~hout Itmitation, elec1ric power. wat.. sewer. telephone. gas. cable Qnd QfMr ~ communication feMces to the same extent as Ii common wI1hln thb area at 10 helgnt, wk:Ith and degree. upon request for SUCh servICe ar by the Board of Coumv Cornmlsllionen through Its authodzed agents. If. easemenb: are 10 reqund. copiei of the executed documents wfII be IJI"OYided to the Coun1y befare the pe~ iI r;nsenfed to the BOCC. ... Petitioners certify 1hai the road 10 be dbcndoned does not end'Qt water or that.. I It does'. the mad 11 not ct dedicated ond ac=pted right-4f~oy (including by opemtlon of law due to eoNtrvction or maintenance by"CounM. WHEREFOIlE. Petifioners farmally rGqUeSts Cammlsslonen.to grant thfs petition. PEJITlONER V'1s personally known to me. n Provided aa id'Dntifleotion Sworn to, and subsc:ri~ before me this -3- day of &7J utrd-d Typed Notary Ncrme and Number &~ .fmf ''.ii~~~'" t ~ .. " . - .,.... -.,. "' No CIfY ..'t;jInaw .... . '! ruL'; - :.~ dl Floli::!: .~ ~':i!. .s"~'E wru:.m'...~~E2...,z.2n:i' , .. C~~n:"'*"'n .. DD"ftCj'''''' ... ~i" .."''IiIi.rJ"'' iJO vwlI" ..,. . l!o.lWd ~ ;t.;.l!l:mal N~'"Y A1Y", ,.~ ~..~~~~~ PEmlONER . "[ 1 Is penonally knO'Nn to me. r } Provided as 1d8"tiflCQtlo~ Sworn to and $:ub$Cribed before me t"is _ day of . 1995. TVped No10lY Name and Number Notary Signafure and Seal 2of2 ~----~~~~~ ~ 0) (;.':)~.i.:... VOLLh)lO . ;.' Ncbu~r .I'~~~:~ .. ~:::-~ ~ F1r::ido i) - I. . ,.C:~l''''''Ylc...::t"~:3r::p21.~ ~: r!!i. = ClIr:\f;\hllt!Qi\ ~ !>0!19CEl88 :( kolIlaU!l' !lali:lllall-lcll!.!'Y....1. i) ~......-=~~ LEGAL DESCRIPTION Driveway: That strip of land approximately 10 feet x 50 feet marked "Driveway" lying between Lots 27 and 29 as shown on the plat of Tavernier Cove, recorded in Plat Book 1, Page 103, of the Public Records of Monroe County, Florida. Road: All that part of Tarpon Street lying South of the southerly line of Sunrise Drive, as shown on the Plat of Tavemier Cove, recorded in Plat Book 1, Page 103, of the Public Record of Monroe County, Florida. SKETCH OF DESCRIPTION IABBREVlATI0 NS/LEGEN01 3 2 P.O.C.;;;\ EASEMENT \ PIQ~ 50' Pla t J. .r#- .. <f> 4:'-'> I- L 0 T <[ ..J 100.00' 50' Plo.t (I) .1>". - ",q", J: q~ 'h. l- t> lL. 0 I- 3 0 Q! <[, Q.. l- e z 40' a: I 17m-i Pl. I ~ w IE a:: 0.. (,11 w LOT3f:!~ - Z I' Q! P,O.B. ~ ~ EASEMENT~ ~::l ~ Q All Anglu ~ ~ .~ _'00-\ i: i~ L___ :"1'" "':. A R --" [J N ~ STREET (\J --- I I 17~ I I I I Fnd. Found R. - Record C, - Calculoted Fr. - Wood frame 104.5. - metal shed Fin.F1r. - finished floor EI. - Eleyation C8 - concrete block Sole. ~ Solcony Fnc. - fence Res. - residence w.G. - IIo9netic Nail U.G.E. - Underground Electric N.l.5. - not in service P.C.jP.T. - Point of Curvature/ Tangency P.O.C. - Point of Commencement P.O,B. - Point of Beqinning Encr. - encroachment N,5 E.W - North. South. Eost. We,t . Noil / PK Nail Found @ Nail/PI< nail &; disc stamped LB'6956 58t . Pipe Found @ Pipe/Cap stomped LB '6956 5e' .. Rebar Found '& Wood Utility Pole - E - Overhead electric lines - T - OYertlead telepoone line>! - X - Chainlink fence - + -Wood f..,ce . Water l.4ete, o Rock Note: All pipes set ore 7/B" (outSide diameter) with cap stomped La '6956. reqislrotlon nurnbet-. All PK nail/1.4AG nail <,. 60d spikes set ore with di8c. stomped with LB 16956. Unless otherwise indicated, all pipes found ore 7/B" (outside diameter). D. - Oeed PI. - Plat M. - t.leosured cone. - Concrete cor. - comer FP - fence post A/e - air conditioner Condo - Conduit F.S. ~ frame shed Add. - addition PIt. - pl,,,,t.., r(w - right of way Curve nUMber 1 .. 2 Ro.dIus= 15.00' Dlrlto.= 90.00'00' Arc- 23.56' To.ngent- lS.00' Chord- 21.21' I I~ I l~ ~~ I M N LOT 2 9 t- O 01020 40 -l GRAPHIC SCALE DRIVE'w'AY UTILITY EASEMENTI I A Utility Eo.sel'lent for Qn existing downguy o.nd o.nchor loco. ted on 0. portion of Lot 31 o.nd o.dJo.cent vo.co.ted portion of To.rpon Street, TAVERNIER COVE, according to the Pla t thereof as recorded In Plo.t Book 1. 0.1: Page 103 of the Public Records of Monroe County, Florida., o.nd I being 1'I0re po.rtlcuto.rly described as followsl I COMMENCING o.t the Northwest corner of' so.ld I Lot 31 on the Southerly right of' way Line of Sunrise Drive, thence run In 0. Southeasterly direction o.long the Northeo.sterly tine of so.ld Lot 31 o.nd the Southerly right of way line of SunrIse Drive for 0. dlsto.nce of 86.57 feet to the POINT OF BEGINNING of the Utlll~y Ea.seMent herelno. fter descrlbedJ thence continue In so.ld Southeasterly directIon for 0. distance of 10.00 feetJ thence with 0. deflected angle to the right of 90 degrees o.nd In 0. Southwesterly dIrection for Q dlsto.nce of 5.00 feetJ thence with Q deflected angle to the right of' 90 degrees o.nd In 0. Northwesterty direction for Q dlsto.nce of 10.00 feetJ thence with 0. deflected o.ngle to thE' right of 90 degrE'es o.nd In 0. Northeasterly direction for 0. dIstance of 5.00 reE't back to the POINT (]f" BEGINNING, Conto.lnlng 50,0 squo.re feE't. ~ ~ e:. <:> d III J .<f> .. <f> 4:''>- 50.00' 80 Plo.t NOTES. D This Sketch of' DE'scrlptlon WQ5 Made for the Specific Purpose of defining and describing a Utility Easel'lent. ThIs Is 'NOT A BDUNDARY SURVEY'. 2) The bearing base for this sketch woos derIved frOM the Plat as descrIbed hereon Oond is defined ~hUSI (.). DAVID MASSEY LAND SURVEYING. INC. .33070 Client: ISLAND ESCAPES, LLC NOT VALID WITHOUT .'HE SIGNATURE AND THE ORIGINAL RAISED SEAL OF' A FLORIDA LiCENSED SURVEYOR AND MAPPER ,tion 34 . Township 62 South, Ronge 38 East Key Lorgo Monroe County, Florida Drafted: 12-15-04 Fieldbook No. N.A. Drawing No. 7726 Drown By: D.S.M. Scale: 1" = 40' 5125 DISTRIBUTION RIGHT-Of-WAY EASEMENT (Corporation) ( KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned grantors, (whether one or more) ~ROPERTY OWNERIS}: Island e8cape8. LLC (Char1e. Spo.ato I P.O. Address: 910 W. PulaskI Highway ~ Elkton State: MD ZID Code 21921 Propertv Address: '80 Sunrise Dr. ~ Tavernier ~: FL ZID Code 33070 in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to Florida Keys Electric Cooperative, Inc., of P.O. Box 377, Tavernier, Florida 33070-0377, hereinafter called the "Cooperative", its successors and assigns, a perpetual Electric Utility Easement .1...!L..feet in width, over, under, upon and across the lands and real property situate, lying and being in the County at Monroe, State of Florida, more particularly described as follows: A Utility Easement for an existing downguy and anchor located on a portion of Lot 31 and adjacent vacated portion of Tarpon Street, TAVERNIER COVE, according to the Plat thereof as recorded in Plat Book 1 at Page 103 of the Public Records of Monroe County, Florida, and being more particularly described as follows: COMMENCING at Northwest comer of said lot 31 on the Southerly right of way Line of Sunrise Drive, thence run in a Southeasterly direction along the Northeasterly line of said Lot 31 and the Southerly right of way line of Sunrise Drive tor a distance of 86.57 feet to the POINT OF BEGINNING of the Utility Easement hereina1ter described; thence continue in said Southeasterly direction for a distance ot 10.00 feet; thence with a deflected angle to the right of 90 degrees and in a Southwesterly direction for a distance of 5,00 feet; thence with a deflected angle to the right of 90 degrees and in a Northwesterly direction for a distance of 10.00 feet; thence with a deflected angle to the right of 90 degrees and in a Northeasterly direction for a distance of 5.00 feet back to the POINT OF BEGINNING. Containing 50.0 square feet. also a perpetual easement over, under, upon and across all streets, alleys, easements and rights of way in any subdivision or recorded plat, which subdivision or recorded plat includes the said property described herein. And the right to construct, operate and maintain an electric distribution line, system or other services unrelated to supplying electricity, on or under the above described lands; the right to inspect and make such repairs, changes, alterations, improvements, and additions to its facllities as the Cooperative may from time to time deem advisable including, by way of example, and not by the way of limitation, the right to increase or decrease ."e number of conduits, poles, wires, cables, hand holes, transformers, and transformer enclosures; the right to cut, trim and control ( , ,e growth by chemical means, machinery or otherwise of trees and shrubbery's that may interfere with or threaten or endanger the operation and maintenance of said line or system; the right to keep the easement clear of all buildings, structures or other obstructions except citrus trees and low-growing shrubbery that do not otherwise interfere with Cooperative's use of the right at way easement; the right to license, permit, or otherwise agree to the joint use or occupancy of the easement, system, or, if any of said system is placed underground, of the trench or related underground facilities by any other utility, person, association, or corporation; and the right to enter upon, cross and use other lands of the Grantors to provide access to the easements granted herein. The undersigned agree that all poles, wire, and other facilities including any main service entrance equipment, installed in, upon or under the above described lands at the Cooperative's expense, shall remain the property of the Cooperative, removable at the option of the Cooperative. The undersigned covenant that they are the owners of the above described lands. The grantors reserve the right to use the easement conveyed herewith for general farming, citrus grove, or pasture purposes, as long as such use does not interfere with the Cooperative's use at the easement conveyed hereunder. Grantors agree that this right-of-way easement, shall run with the land, and that any abandonment of the use of the easement, or interruption in the use of the right-of-way easement, shall not terminate or impair the interests hereby conveyed to the Cooperative. IN WITNESS WHEREOF, the gr' ( \. WITNESS SIGNA TUP' ,j q; is l:: ~ ~ -";;>0 l.l ~ ~ o! . vVITNES~' ~ ! J STP'- <I) ..c > ~ co day of t 20 r. ~ ~ ~ III l5 ~ "" ~ a: g ~ ).. Q: ;5 ~ ~ ~ ~ II ~ Q) c: .- ....J Q) ~ ~ .. . '_1 Nt. 1M,,", , ."'1:, '!g .. ~~fl: ! J ! :i ! 3, i :I :I c3 ~ ~ f ~ - I .. ; :J 11" JI f:! ! -I S I ! I & i ; : w ! II. 1iI 0' \'.. \ "' Q) J! It) ~ .5 .... ~ ~ 0.. (: .... ... .... It) Ie It) Q 0 Ie Q CO) Q' 0$ Q ~ ~~ c-. to I ... co U)' .... ,... ... ~I~"-I .. ~ ,., CD It) co !. 0 <c 0 ~r<to. Q It) .U) . '.~ , '" CO) co It) I ~ C\l It) t'1 I 0) ~ I.() I ~ ~ ~ - """" 0 Q i CW) co co l.t) It) .... Q ~~ Q co It) ~ V) CW) co - C0- It) OL990S II) ~ 09090S 0) ~ I'... .... .... 099909 't Q) 090909 0;) (") ~, .... ~ ..... (")0 'I;t " ~, Ot9909 (") ~ 0t-090g "- ~ So .... ..... Q Q a:r 0 at CD ;go r.o - ,-.- CD .... co l") Q l") 0 .... / It) IQ / ~ e CD / S 0) " Q) / 0 Q (") !1~ O(\,f .....0 .... COo CQO) ~ ~a "'- CI.... Q CIa It) IQ Q) . R5 ~ 0..... oe090S l'oo. 0..... co ~. Q o<,~ Q 06' U) Q -II) - MEMORANDUM TO: J an Hotalen County Attorneys Office David S. Koppel /\/JI County Engineer (II" March 7, 2005 FROM: DATE: RE: Petition for Road Abandonment Tarpon Street & Driveway Tavernier Cove, Tavernier The above-referenced petition has been reviewed and approved by this department. Please call if you have any questions. DSK/jl TarponStRdAbandonmentTavernier.DOC RECEIVED MAR 0 8 2005 MONROE COUNTY AHORNE'! 5./r y{1 'P Monroe County Plannina Deot. 88800 Overseas Highway Tavernier FL 33070 Tel. (305) 852-7108 From Jan Hotalen, Paralegal, County Attorneys Office K. Marlen~ Conaway, Director of Plannlng~~ February 18, 2005 RECEIVED To: MAR 0 1 2005 MONROE COUNTY ATTORNEY Date: Subject: Request from Island Escapes LLC for a road and platted driveway abandonment Island Escapes LLC, owner of Lots 27-33, Plat of Tavernier Cove, has requested the abandonment of a portion of Tarpon Street, and an access driveway to Lot 28, as shown in Plat Book 1, Page 103 of the public records of Monroe County. The property is in the Improved Subdivision (IS) land use district. Roadway Description Tarpon St, which is the subject of the request for abandonment is shown on the original plat of Tavernier Cove as an access road serving only lots 29, 30 and 31 of the subdivision. Use of the Road There is no traffic use of the portion of Tarpon Street that Is the subject of the abandonment request. A site visit indicates that the area of the platted road is indistinguishable from the surrounding area, and the abandonment of the originally platted roadbed should not adversely affect traffic patterns in the area. Development Potential The only development potential for the section to be abandoned is to slightly enlarge the properties that share the undeveloped roadbed boundary. Island Escapes LLC is the owner of all the platted lots served by the original platted roadbed and access driveway. Page 1 of 2 Tarpon St. Road Abandonment Shoreline Access The portion of the road being proposed for abandonment does not terminate on open water. Staff Review A review of the records and an on site inspection of the property revealed the following: 1. The original platted roadbed shows no signs of ever having been completed. 2. The applicant is the owner of all the platted lots that gain access from the portion of road and platted driveway that is the subJect of the request. 3. The applicant has received approval of the abandonment request from The Florida Keys Aqueduct AuthoritYt Florida Keys Electric Cooperative Assnt Comcast Cable and BellSouth Telecommunications. Conclusion Staff recommends APPROVAL of the request of Island Escapes, LLC for the abandonment of a portion of Tarpon Street and the platted driveway based on the following: 1. The portion of the undeveloped roadbed proposed for abandonment serves only the applicant. Therefore the request for abandonment meets the requirements as outlined In the Monroe County Code Section 16-1. 2. The road does not terminate on a body of water, and is consistent with Goal 213 of the Monroe County Year 2010 Comprehensive Plan. 3. Based on the application and the supporting documentation, the area requested for abandonment will not impair the distribution of utilities in the neighboring area. Page 2 of 2 Tarpon St. Road Abandonment MEMORANDUM TO: Julie T. FROM: Warren DATE: February 18,2005 RE: Road Abandonment Here's the staff report on the abandonment. I have a full copy of the package here, so I'm returning the original I spent 30 minutes on the site visit and 90 minutes preparing the staffreport - total 2 hours. Suzanne A. Hutton, Assistant County Attorney Arthu' "Wally" R""""o, Assi,tant Frie M""h'<@ ROAD ABANDONMENT INSPECTION: (Tarpon Street, Tavernier) O,Yv~rY ~o9.~~E (305) 294-4641 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63rd St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX DATE: February 17, 2005 TO: FROM: SUBJECT: (.,..............~ I BOARD OF COUNTY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tem Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. Nelson, District 5 INTEROFFICE MEMORANDUM RECEIVED FEB 1 8 2005 MONROE COUNTY ATTORNEY 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: Chief Clark O. Martin, MOlUoe County Fire Rescue @RoadAbdnIRoadAbdnlmw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE ( ~~\-fCrli'/C' ('l W 0 ~ 0 d.. ~ '3-6: ,4~ 0/;;1 31'-\): FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. - FKEC 91605 OVERSEAS HIGHWA.Y P.O. BOX 377, l'AVERt4\ER, Fl33070-0377 PHONE (305) 852,2431 FAX: (305) 852-4794 January 20, 2005 Mr. Daryle L. Osborn Keys Engineering Services, Inc. 86801 Overseas Highway IsIamorada, FL 33036 Re: Road Abandonment - Tarpon Street, Tavernier~ Florida Dear Mr. and Ms. Owen: This letter is in response to your Road Abandonment Request received in our office. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC), has reviewed the subdivision plat you provided and has no objection to the abandomnent of: ( , That portion of Tarpon Stree~ Tavernier Florida as requested by Island Escapes, LLC Should you have any questions, please feel free to contact me at (305) 852-2431. ~ "b "f'C- nDye Staking Technician JD:pm cc: Tim Planer John M. Burch @o"mcast Comcast Cable 1010 KeIllledy Drive. Suite 200 Key West, FL 33040 10-05-04 Daryle L. Osborn Keys Engineering Services, Inc. 86801 Overseas Highway Islamorada, PI 33036 RE: Road Abandonment Tarpon Street Tavernier, Florida Dear Mr. Osborn, Corncast has no objections to the abandonment of the two parcels of land along Sunrise Drive in Tavernier, Florida as described in the letter provided to us by Keys Engineering Services, Inc. If you have any questions or are in need of further assistance please feel free to contact me at 809-1255 S?jIYj)/ Greg Daniels Corneast Cable 1010 Kennedy Drive Suite 200 Suite 200 Key West, FL 33040 i I Florida Keys Aqueduct Authority Post Office Box 1239 1100 Kennedy Drive Key West, Florida 33041-1239 Telephone (305) 296-2454 www.fkaa.com November 22, 2004 Daryle Osborn, P.E. Key's Engineering Service Inc. 86801 Overseas Highway Islamorada, FL 33036 RE: Request to abandon a portion of Tarpon St.that lies south of Sunrise Dr. and separates lots 29,30,and 31 along with a parcel indicated as a driveway that separates lots 27 and 29, Tavernier Cove Subdivision, Key Largo, FL Dear Mr. Osborn: The FKAA Board of Directors approved at the November 18, 2004 meeting, the above referenced project. Pursuant to your request for the abandonment of the above-reference property, Staffhas researched your request and have no objection to the abandonment since FKAA has no facilities in this alley nor is there any present or future need for this right of way. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY ~ ~~'A 7- t" .,;. Edgar F. Nicol e, Jr. Distribution Design Specialist EFN/ema cc: Bob Feldman, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department John M. Koenig, Sr. Chairman Key West Mary L. Rice Vice-Chairman Marathon Harry E. Cronin SecrelaryfTreasurer Key largo Elena Z. Herrera Rockland Key Rose Dell Big Pine Key James C. Reynolds Executive Director @ BEllSOUTH IFAX To: ~ EnQtneart~ 8eNk:u Att ecr.t Vou.nd PhaM: Fa: LOa": 10N20CM 1 NlmMrof p119W ~ ClMratMt 1 Fn:m Jim V..,..P.E. 8e1Sau1hT~ 70 Allnlc Dr. Key~. fl 33037 Phane:~ Fa: ~51..Q32 ( foe: RIMARK8: 0 UrgMI . For your...... [J RtpIy ASAP CPfHae Commenf IWIIouth hu reWrnd ~ requeIt for thlllbIndonmd ell porion of Taqm Slldjaclnt \0 JOUI' chnfs PfOP6I\'. 'noIcM....t FKEC InCI Beltauth .... downgwlI 0<< at . pale. thIt fda wltNn .. rigtt fi...,. WIt you be giving FK&C In ..emn for I1eIr cIoWnQW1 otwr '*' that __ Mvt m objection to h ....Ited .bIndOnmenl PIeeH let me ItnoW abOut.... 8llMmIf\t ~Q the downguya. ThInk ~l ..Mm Vugw January 24, 2005 Momoe County Building & Zoning Plantation Key, Florida Re: Road Abandonment Tarpon Drive & Driveway Tavernier, Florida The members of Island Escapes LLC have no objection to the above noted road abandonment. Island Escapes LLC owns all the properties adj acent to the roadway and driveway abandonment. IffJ2Y ~StiO Daryle L. Osborn s please call me at 305-852-0262.