Item Q6
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners 'of
Monroe County, Florida, will hold a public hearing on Wednesday, January 19,
2000 at 3:00 PM at the Harvey Center - Truman School, 1200 Truman Avenue,
Key West, Florida, for the purpose of determining whether or not the following
streets, alley-ways, roads or highways shall be abandoned:
BEING A PORTION OF ROAD RIGHT-OF-WAY OF SHARP LANE, ACCORDING
TO THE PLAT OF CUTTHROAT HARBOR ESTATES FIRST ADDITION, RECORDED IN
PLAT BOOK 5, PAGE 60 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCE AT THE NORTH EAST CORNER OF LOT 9, BLOCK 4, OF SAID
CUTTHROAT HARBOR ESTATES - FIRST ADDITION AND RUN WEST 35 FEET TO THE
POINT OF BEGINNING; THENCE BY A CURVE CONCAVE TO THE SOUTH EAST.
HAVING A RADIUS OF 25 FEET, A CENTRAL ANGLE OF 900 AND A LENGTH OF
39.27 FEET; THENCE SOUTH, 47.50 FEET; THENCE WEST 25 FEET; THENCE NORTH
72.50 FEET; THENCE EAST 50 FEET; BACK TO THE POINT OF BEGINNING.
CONTAINS 1,946 FEET MORE OR LESS.
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 13th day of December, 1999.
DANNY L. KOLHAGE,Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
(SEAL)
Publication date
Key West Citizen - 12/ 31/99
I-ClID
. ...
Lynne Fielder as Agent for Petitioner Sylvia Ertl
RESOLUTION NO. -2000
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 PORTION OF SHARP LANE, CUTTHROAT HARBOR ESTATES, CUDJOE 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 Florida Statutes Secs. 336.09 and 336.10. now. therefore.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that
the Board hereby renounces and disclaims any right of the County and the public in and to the
following described streets. alley-ways. roads or highways as delineated on the hereinafter described
map or plat. to-wit:
BEING A PORTION OF ROAD RIGHT-OF-WAY OF SHARP LANE. ACCORDING TO THE PLAT
OF CUTTHROAT HARBOR ESTATES FIRST ADDITION. RECORDED IN PLAT BOOK 5, PAGE 60
OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. AND MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCE AT THE NORTH EAST CORNER OF LOT 9. BLOCK 4. OF SAID CUTTHROAT
HARBOR ESTATES - FIRST ADDITION AND RUN WEST 35 FEET TO THE POINT OF BEGINNING;
THENCE BY A CURVE CONCAVE TO THE SOUTH EAST. HAVING A RADIUS OF 25 FEET. A
CENTRAL ANGLE OF 900 AND A LENGTH OF 39.27 FEET; THENCE SOUTH. 47.50 FEET; THENCE
WEST 25 FEET; THENCE NORTH 72.50 FEET; THENCE EAST 50 FEET; BACK TO THE POINT OF
BEGINNING. CONTAINS 1.946 FEET MORE OR LESS.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County. Florida. at a
regular meeting of the Board on the 19th day of January. 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
Mayor/Chairperson
BY
f .
. ..-
w .
ROAD ABANDONMENT PETITION
DATE ry&Jl
NAME SYLVIA ERn. SUSANNE NA'I'T.MAN' AND SABINE ERTL
ADDRESS 22940 Sharp r.anP-. ~l1ifjnp J{PY. Flnri~=o '33042
.
..
STREET/EASEMENT/ETC.
(to be abandoned) West End of Sharp Lane, Cudjoe Key, Florida
We hereby petition the Honorable Board of County Commissioners to
renounce and disclaim any right of the County and the public in 9nd to the
street, alleyway, road or highway as described in the following attachments:
...
(Exhibit A) Survey
Description of roadway to be abandoned and survey showing that portion
marked with diagonal lines with petitioners' property clearly delineated and
outlined, and showing all adjacent properties.
(Exhibit B) Map of island/key on which road is located, clearly showing US 1, Mile
Marker number and portion of road to be abandoned. See E~ibi t A (Survey).
(Exhibit C) Copies of deed(s) 7, 8 and 9, Block 4
Petitioners certify that they are the sole owners of Lot(s) Cutthroat Harbor Esta,tes, 1 st Add.
and that the abandonment of said road will not take away from other property
holders' right of ingress and egress to their property, and that the 192.8- taxes on
their subject land have been paid.
(Exhibit D) Legal description of that portion of roadway which petitioners seek
to have abandoned. See Exhibi t A ( Survey) .
(Exhibits E-1, E-2, E-3, 1:-4) - Letters of no objection from utility companies _
including, but not limited to, water, electricity, telephone, 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:
The subject portion of the road to be abandoned is in
the Petitioners' "front yard", and the adjacent property
owners are the Petitioners. The subject portion of the road to be
abandoned has never been used as a road. Garbage and recycling truck
and emergenc~ vehicle access and turn-around is at the East end of
the sU~ject road. lof2
Petitioners agree to be responsible for and pay for all costs of advertising and
rE::cording 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 Board of County Commissioners 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.
\
I
.
...
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 requests the Honorable Board 'of County
Commissioners to grant this petition.
5'111//0. 'ErYI) 5u'5t2At,-vtP I--~ ~
51( ~ er-tf) - ~ ~ L~ 4b~
I
PETITIONER, ylvia Ertl, Susanne Nattman and Sabine
Ertl, -by Lynne Hankins Fielder, Esq.,
Attorney in fact.
rr J
Djz.6.1~Jh V, N,-,,+f-~\({i
Typep Notary Name and Numb r
[~per:sonaIlY known to me.
[ ] Provided as identification
.L ~. ~
Sworn to and subscribed before me this .'J!L- day of e.rn~ . 1995.
Ebn1L
Notary Signature
.,.tJ' '~
tli;
:I'~.. n'~
ELIZABETH D MUFFARRIJ
My Com....." CC61 CN4
Expiree 0.0. OC. 18lMJ
"-
~lAhA:~~~
LYNNE HANKINS FIELDER, ESQ.
Attorney for Petitioner
Physical Address: 19980 Overseas
Sugarloaf Key, Florida 33042
Mailinq Address: P.O. Box 420973
Summerland Key, Florida 33042
Phone: (305) 745-8868
Fax: (305) 745-9903
Hwy.
Commence at the North Ea~t corner 'of Lo~.
9, Block 4, of said CUT'l'HROAT.,:HARBOR: '
EST.ATES-FIRST APDITIONand ..run:;1iest'.;~35 ~ 0'
LOCATION' MAP
~
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A. 55 I.J M ED' F= ~
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NOTE: The surface area of 4
the requested abandonment 7 .
area is pearock and partial~y .
landscaped.It is not beingosed
as a turn-around. ~ U
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Lane! SUrVey~rs
P. o. BOX 431346, BIG PINE KEY
FL()RI[)~.33043-1346
"
I HERBY'CERTIFY THAT THIS SKETCH OF LAND.DESCRIPTION MEETS THE
REQUIREMENT"S OF CIJAPTER 61G17-6,FLORIDA'ADMINISTRATIVE CODE,
PURSUANt:'! ," 0 SECTION STATUTES.
9
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EXHIBIT
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MILE MARKER 22
CUD JOE KEY
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EXHIBIT B
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KONROI COUNTY
OFFICIAL RICORDS ..
rILBI967210
B1I1 422 PGI20 5 :3
0110 DOC STA~_ 1.71
19/19/1996~ DIP CLI
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00114)40" 00114250
0IIIIIII0t) SoL 1(1)
RCD Sep 19 1996 11,Z6PM
DANNY L KOLBAGI~ CLIRK
WA.UANTY DUD
THIIINDDI'J'U'U. ..,.1bI. CX1. dl)'of'a.lInber, 19M. by OWer 1111 aad S)'hU Erd. IuIbud lOCI wiSo;
~ CIIIed ...,.10: S7hU A. ErtI.,..... WllIDIII.' oaHIU'lIlbl'Mt; s.uo.f'IIatu.-...-dod-.
a ~ __ ucI Sablae EttI,.1lDaIa ~.ClIIOoqUIdl:r lam:at.u JoIat T~. with lliJbt ~s.vhu1bip;
.. pCIIt omce .... it: Zi..s*tb... 23. 94469 DIet ~ aen.nr. IIccciaafta' caDcd the .--=
(....... ................................ ............ -- .............
..... . ..........."~...._.....................,
WITNESS&TB: n.c Ibc p1IIIIon. for ...1D..........~aldlo.....ofS10.00....odx:r nluablo ~... naipt
wbenoCiI hnbr acbowlodaed. Mnby ..... ................. rei.... COIMyIIDCl c:oafirms UDto!he
.,.... ell dYt catIia laDd IituIIe ta MONROE Cuaal1. SIIIO olPLORIDA. Ylz:
IAt 7. I. BI<<j 4, 0I1tIuwt S........""., A~ ~,. die PI<< tit..",
al'<<ltlltUl '" IfiIt BtH1A $, ptIp 1/1. II{1It IWIk .... '" II"""~,
l'f<<W&
SUBJBCT TO A MORTGAGE RECORDED IN OFFICIAL RECORD BOOK 1317 AT PAGB 2040, OF THE PUBUC
RECORDS OF MONaOB COUNTY. PLOIUDA.
nos IS NOT nm HOMESTEAD PllOPERTY OP llIEOMNTOIl
nus DEED PlEPARED WITHOUf BENEFIT or nn.s SP.ARCH AND IS BASPD ON THB INfORMATION
P10VIDBD BY THB PARTIES INVOLVBD. ' ,
TOGrntlll. with all the tcncmeDtI. hcred.It.Imeab... ~ IhenIto W..oc In ~~. TO
HAVE ... '- HOLD. dlo lImO ill roo tiaIpIe bmI'. AND lIIo..... brnby 0QYeDIIU wtlh ~ p.-. daat Ibo
1fIIIDI"1awtJIty ICilIld of aid Iaad III b limpID; dYt tho .,........ pxl riabt IUd lawful authority to Iclt IUd convey
.Iief lancf, IndIl&Rby wamatllhc tide to AiclIIDd IDd wU1 ddla4 cbD ... apIaIt lIIo IIwftaI claImI of all pcnonI
wbonocYct; .. thllaid IlIDd iI tree or aD ~1IlICCI. CllUllIpt tuoIlClIUina IUbIcqlICbt 10 Dcccmber 31. I~.
INiWITNI.SS WHEREOF, !he uid &rIJICon have lipod ... JcIlaS Ibcee prcICIIII the day and year ftnt above wrlUcn.
$I lOIIll!oad_Io......-ar. ~
(, OWl{) . ~
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........ $IaaIbn nw. Ed1
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File-No. 2032/96/5
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I .......,. CertII1Ihat CIIllhll d.y. ...... . omccr daJy..IQ UIIcdmS to 1ldIniDtI&cr oedIIlDS lib
IICIcnorc.........., pcIIICllIIIly ~ ..... W....IJhllIrtI. 11M,... _.,...... 'I 11l~ 'lb..cIliilDd 0
exocaIlbe ~ iastNnc:aI. .. ~1od,Dd beAn molblt..., aocuIccI tbo.... tbat I nIW apoIl the foOowiIJs h
fonD_of' a.w.t;fi~of'lbc~ pcnoa(l): IDdIhal.oathWMlIbD.
x) identified by their German Passport. rla
wmaa ""..... "'_"..0 ....."'" oadCoaoooy... -.....2.1:- ~.1""
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("ola", 11(11) ~ @ NoW
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\~~~r ~~ MONRO I COUNrV
~TAR~' OFFICIAL RECORDS
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EXHIBIT
I
"C-1"
~"""""""'1oJ: KON ROB COUNU
IJIX....VUIAL,'A OrrICIAL RICORDS RCD Sep 19 1996 1l.28PM
::'=:1>>00&,. rILl. 967 2 DARNY L KOLBAGI, CLlBIt
. 1. 1.
~___.....u..-"_~I): Bit. 1. 42 2 PG.2 0 5 4-
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DIID DOC sum.....::: 1.71
WAItItANTYD&m 89/19/1996 ~ DIP CLK
THU II'tDKNTlIIt!, .... d&iI OC? cia)' olSep4...... I"', by DIeter J.1rd ...41 S1" A. Kid, hIaIb.nd IIJd
"'to; bllrcinIft<< cIIIed If'IDlOrI, 10: I7ftIa A. Erd, ..-lied womm.. 0De0bIlf inlaat;SUIGae,"~'1DII'ricd
wonn, I 0D0-qUII1<< iImat IIId SUIDe EI1I. I . ...... . CIIl>CpIIIb iaIaaI, ISJoIalT~wIIh Ri&It of '.
Survivonlllp; YatloIe post olDce ICkba is: ~~'_ 23. 94469 DcgaIdorfOermlay, ~ca1lo4 tba~:
CWloootooor................... -.-.-...... ..................... ............ . .'.
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WITNISS!11I; TbIt.... paaan.lbr IIIlIla000000000000oldlo IlIIIl oC$10.oo.. odaval"lb1ucaaldntlOlll,RCCipl
wbcrcoC II bcRby ICbowIocfaed, ..., pili. ....... ..... .ua.. .......... COGYC)'t lad coa1irIIII UIIo d1c
pNo III tbIl CIllI1aiD IIDd IiIuaco ia MONIlOB CaaaI)'. SIIIo oll'LORlDA, YIz:
IAI '. JIltH:j i, OUri,.., H.... ~.1hI..u.IdM ~ 10 I1u Pt.t tIJ_f,
_1Y1DIIrU1I III ",. 6t1M s,,.,. H. "*1Wlk lCI:ctJrtI "ltt/ffrrIC CcItuIC1,
Il<<fI&
nus IS NOT THE HOMESTEAD PaOPBllTY OF THS GRANTOR.
THIS DEW PltBPMED WITHOUT 81SNIU'IT 01' TlTLB SIWlCH AND 1:1 BA:lBD ON ritEJNfORMA nON
PROVIDBD BY THE PAkTlES INVOLVED. .
rooETJIU. wida dlbo kacIDeIU. bcnd.lt--tlr IIIIl ~ dlcrcCo beloap, or la aay;riso IflPCidIlaInI. TO
HAVE aad .. BOLD. Ibe IIIbIId AI IImpIo bmlr. NCD dID .... hcIrciby CIOVCIIIDlI wllh AIel paaees tbIC Ihe ~
ia lawfully IeIJJllIf of aid land In foo IImpIo; 1bIt Ibo pIIIkIr 11II pxf riak IDd lawM aadIority 10 tcU IIId coavcy lAid land,
IIId heRby ...... tho titIo to Aid 1Incl..s will cWcDd Ibo _ apiDIt Ibc IIwtuI dlilnt of" pci1oaI.~; mI
Ihat IIicIIInd ill he of aU cnc:umbnaccI, cm:pt tacllCCI1IIna ~ 10 Dtambc:r 31, 1993.
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File-No. 2031/96/5
c.:.-Ir1 erc.....
I......, CcrtII7 that onlbk day. Won_ an oftbr ~ IUIbarUaS 10 admIaiItcr 0IIhs IIId
~. poiICGIIl)" IpllClII1ld DIeW J.Irt.. SJhIa A. ErtI)._1I _ II..... l-Ml(J III
. ~ tho ro..m,laIiNaaat, who ~ 1loIbre.. tIIIllbey eucaIocllho 11IIIO Ihat J.nIiocI.. tho .
~ bill or ~ or... abov~ pcnoa(l): IDd Ibat.ClIda WII tIIka1. n
1\) identified by their German Passport. ro
WITNISS 11I1 Mad IIJd olI1c:IaIlCII it tbo City ..s CouaIty .. arare.as dais ~ n~' 1996.
~ SCH()~ 1.; ~
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Q: ~/ Ir Dr. Sdl6nr.r
(ttofnry naI) ~ ,~' ~ lW&ar
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~~~ KONROI COUNfY
OFFICIAL RECORDS
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EXHIBIT
I
"C_211
Florida Keys
Aqueduct Authority
J. Roben Dean. Chalrmil"
Key West
Thomas A.' McDonalQ
Vice-Chairman
Tavernier
POSl OffICe Box 1239
1100 KeMedy Drive
Key Wesl. Florida 33041-1239
Telephone (305) 296.2454
Kermit H, Lewin
Secretary. Treasurer
Key West
Fred Shaw
Summerland
Mary L. Rice
Marathon
April 8, 1997
John 1. Doughtry
Executive Director
Erol M. Yural, P.A.
25050 Overseas Highway
Barnett Bank Building
P.O. Box 420829
Summerland Key, FL 33042
RE: Abandonment - Sharp Lane. Cutthroat Harbor Estates. III Addition
Cudjoe Key, FL
Dear Mr. Yural:
The FKAA Board of Directors approved at the March 21, 1997 meeting, the above referenced project.
Pursuant to your request for the roadway abandonment, of the above~reference property.
Staff has researched your request and have no objection -to the abandonment subject to.the customer,
at their expense. cutting and plugging the existing 2" water main approximately 50. and relocating the
meter to the right-of way.
./. I
Should you have any questions, please do not hesitate to call this office.
':' :/\( l! ,":,
Sincerely,
FLORIDA KEYS AQUEDUcr AUTHORITY
EFN/cma
F~+~J
Edgar F. Nicolle. Jr.
Sr. Engineering Technician r+
. "'\.2)
cc: Bob Feldman, General Counsel
Calvin Howe. Director of Maintenance Dept.
Jim Reynolds. Director of Engineering Dept. '
Monroe County Building Department
EXHIBIT
C:\MyFiles\DA T A\ABANDONM. WPO
I
"E-1"
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UTILITY BOARD OF THE CITY OF KEY 'WEST
IJOIT O'FlCE DRAWER., 00
KEY WElT. FLORIDA :UO.''''OO
January 13, 1997
Mr. Stephen S. Isherwood
AEtomey at L.w
441 Whitehead Street
Key West, Florida 33Q.40
,\I(
~ ~ /'
Io...lil'~~~ 1i
v ..t; r:.
. ~...
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TELE'"OHE: (301) 2'S"000
_.kwclty."cl,lc.colII
RE: Road Abandonment for Dleler end Sylvia ErtJ
Sharp Lane, Cutthroat Harbor Eltat..
DeBt Ms. Isherwood:
City EleeltiC System (CES) has no objecUon to this road abandonment. In the event that lot IS is
aold, CES would need an ....m.nt to .ervice lot 118.
Sincerely.
Ploase contact me a( 305I295-1Q.45 should you require eddltlonallnformetion.
UTILITY BOARD - CITY OF KEY WEST
.CITY ELECTRIC SYSTEM"'
Larry J. Thomplon, G.noral M.nager
~($5
Patrick Cates
engineering SUP8l\'I'9f: .
PClba
c:
L. ThomPlon, General Manager
R. Rodriguez, Asal. G.neral Maneger
D. Finigan, Director of Engln.erang
A. Tejeda. Moter Service Sup.rvI.or
File: ENG.103
..-
UTILITY BOARD ME"'BERS:
etU Rob.,1 R. Pldron. Chalrm.n . Dr. 01"1 P. Cox, Vlc..C"llrmln
~on"d H. Knowl.., ....mb.r . O..yle &woIfOf~, Member. Lou Hornll)du. "'omb.r
EXHIBIT
I
"E-2"
..
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@ BS1LSOUTH
"llSoudl T...C__NU.... Inc.
850 UnitBd Str..
Key Wilt. Florid. 33040
September 21,1998
Stephen S. bhcrwood
Attorney at Law
Key West, Florida 33040
Re: Road Abandonment for Dieter and Sylvia Ertl
Sharp Lane, CUUbroat at Harbor Estates
Dear Mr. Stephen S. Isherwood:
BeIlSouth has no objection to the abandonment of this portion Sharp Lane, Cutthroat at Harbor Estates as
depicted on the attached sketch.
Iftlicre are any questions regarding this matter, don't hesitate to contact me at (305) 296-9077.
7e-
Ricardo Cajigas
Manager-Projects
EXHIBIT
J
"E-3"
/
we: re: laKing ICIe:n~lUn
inco tomorrow.
~ TCI Cablevision of Florida. Inc.
March 4, 1997
Erol M. Vural, P.A.
25050 Overseas Highway
Barnett Bank Building
Summerland Key, Florida
33042
RE: Road Abandonment Sharp Lane Cutthroat Harbor Estates, First Addition,
Plat Book 5 Page 60 of the Public Records of Monroe County, Florida
Dear Mr. Vural:
In the above mentioned road abandonment of Dieter and Sylvia Ertl who are
the owners of Lots 7,8 and 9, Block 4, Cutthroat Harbor Estates
TCI CABLEVISION OF FLORIDA, INC. have no objection.
As for the easement form you are requesting we have no such form. TCI
has a pole attachment agreement with City Electric System. We do not own
utility poles in Monroe County we rent space from CES. We run are house drops
the same way power is run to the home. If a pole is placed we are allowed to
attach per our agreement.
I have inspected the area mentioned on 3/3/97 and do not see any problems
running service drops to the homes.
If you have any questions please feel free to contact me at 296-8038.
TCI CABLEVISION OF FLORIDA, INC.
J~~ ~~ Hanager
EXHIBIT
1700 Norlh Roosevell Boulevard
Key West. Florida 33040-7255
(305) 296-6572
FAX (305) 296.9620
I
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An Eaual O:1P(lrllIn"" r,.,;.IC'I'p,
EXHffiIT "F" TO ERTL PETITION FOR ROAD ABANDONMENT
The property owners who are adjacent to the subject section of Sharp Lane to be abandoned are
the Petitioners, as the subject section of the road to be abandoned is in the center of their yard.
There are no "affected property owners", other than the Petitioners, as said term is defined and
applied to petitions for road abandonment in that the ingress, egress, and emergency vehicle
turn-around access for neighboring properties will not be affected in any way by the proposed
road abandonment. However, in an abundance of caution, a "no objection" letter was obtained
from the neighbor closest to the road to be abandoned, Mr. and Mrs. Max G. Goltz, who own Lot
6, which is across the street from the road to be abandoned. The emergency vehicle and garbage
truck turn-around is directly in front of said Lot 6. See Exhibit "A" (Survey). The Goltz letter of
"no objection" is attached hereto and incorporated herein as Exhibit "G". See Exhibit "A"
(survey).
EXHIBIT
I
"F"
.-
...
Mr. & Mrs. Max G. Goltz
617 Bunting Road
St. Catharines, Ontario, Canada L2M 2Z9
December 1. 1998
Mr. & Mrs. Deiter Ertl
c/o Lynne Hankins Fielder, Esq.
P.O. Box 420973
Summerland Key. FL 33042-0973
RE: Road Abandonment for Deiter & Sylvia Ertl
22940 Sharp Lane
Cudjoe Key. Monroe County. Florida 33042
Lot 7.8 and 9. Cutthroat Harbor Estates-First Addition
Dear Deiter & Sylvia:
We. Max G. Goltz and Gloria I. Goltz, owners of Lot 6. Cutthroat Harbor Estates-First
Addition. Cudjoe Key. Monroe County. Florida, have no objection to the abandonment by
Monroe County in favor of Deiter and/or Sylvia Ertl. of the portion of Sharp Lane which cuts into
Lots 7 and 8. Cutthroat Harbor Estates-First Addition, owned by Deiter and/or Sylvia Ertl. as
depicted on the attached survey/sketch perfonned by H.L. Overbeck, Inc., Land Surveyors.
Sincerely,
c-~
- ..~
MAX G. GOLTZ
Date
P-JI/. /;( (err
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c::\omc:e\c:Uent\ertl\nobjec:t.ltr
EXHIBIT
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O~~~~~E
(305) 294-<t641
(--'''--
BOARD OF COUNTY COMMISSIONERS
MAYOR Wilhelmina Harvey, Dispict I
MAYOR PRO TEM Shirley Freeman, District 3
George Neugent, District 2
Mary Kay Reich, District S
Nora Williams, District 4
IRE MARSHAL'S OFFICE
larathon Gov't Annex Bldg.
.}o - 63rc1 St., Ocean, Ste. 160
larathon, FL 33050
:05) 289-6010
:05) 289-6013 FAX
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INTEROFFICE MEMORANDUM
---~
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DATE:
September 13, 1999
TO:
Suzanne A. Hutton, ASSistant~ Cun mey
J.G. "Joe" London, Fire Marshal '
ROAD ABANDONMENT IN N:
Sharp Lane, Cutthroat Harbor Estates, Cudjoe Key
FROM:
SUBJECf:
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
SharpLnCHECdjK/RoadAbdn/mw7.0
"""'!\JDnV' rnT'"T'T"" r.-'I"Or.' ,.... 'nC"Y.,..... "('0 ",.............,...'r"
MEMORANDUM.
~lIl@Jm:~W1E~
Il\ OCT S 1 1999
TO: Suzanne Hutton
Asst. County Attorney
FROM:
David S. Koppel hI
County Engineer (J11\
DATE:
October 18, 1999
RE:
Petition for Road Abandonment
Sharp Lane
Cutthroat Harbor Estates
Cudjoe Key
We have reviewed the above-referenced road and have no objections. The benefits to the
County of approving this abandonment is two fold. First, the abandoned property will be
returned to private ownership which will then be taxed by the County. Second, this
section of road will no longer need to be maintained by the County.
Please let me know if you have any questions or need additional information.
DSK/jl
SharpLn.SHN
Date:
MEMORANDUM
Suzanne A. Hutton, ~ Cowrty Attorney \DH~@1I11\f1l'fn)
K. Marlene Conaway, D~ OfP1anr>;~~ L~r Oct l!.8 t!I99. ~
Jean Tumminia, Senior Planning TechniC~
October 12, 1999 .
To:
Through:
From:
Subject:
Petition for Road Abandonment request by Sylvia Ertl, Susanne
Nattmann, and Sabine Ertl,RlS of the southerly seventy-two and one-half
(72.5) feet of the "T -turn-around" of Sharp Lane lying between Lot 9 and
Lots 7 and 8, Block 4 of Cutthroat Harbor Estates, First Addition, Cudjoe
Key, Florida
Sylvia Ertl, Susanne Nattmann, and Sabine Ertl, RlS owners of Lots 7, 8, and 9, Block 4,
of Cutthroat Harbor Estates, First Addition Section 33, Township 66, Range 28 East,
Monroe County, Florida have requested that the Board of County Commissioners
abandon a 1,946 square foot portion of Sharp Lane. That portion being the southerly
most 72.5 feet of the westerly "T -turn-:-around" of shari> Lane. The petitioners have
stated on the submitted application that they seek abandonment for the following reasons:
"The subject portion of the road to be abandoned is in the Petitioners' 'front yard' and the
adjacent property owners are the Petitioners. The subject portion of the road to be
abandoned has never been used as a road. Garbage and recycling truck and emergency
vehicle access and turn-around is at the east end of the subject road."
Leeal Description
As provided by Sylvia A. Ertl and prepared by Harold L. Overbeck known as "Exhibit
A" of the Road Abandonment Petition, which reads as follows:
Being a portion of road right-of-way of Sharp Lane, according to the Plat of Cutthroat
Harbor Estates, First Addition, recorded in Plat Book 5, Page 60 of the Public Records of
Monroe County, Florida, and more particularly described as follows:
Commence at the north end of Lot 9, Block 4, of said Cutthroat Harbor Estates, First
Addition, and run west 35.0 feet to the Point of Beginning; thence by a curve concave to
the southeast, having a radius of 25 feet, a central angle of 90 degrees, and a length of
39.27 feet; thence south, 47.50 feet; thence west 25 feet; then~ north 72.50 feet; thence
east 51.00 feet; back to the Point ofBegjnning; contains 1,946 square feet.
Staff Review
A review of department records and a site inspection by staff of Sharp Lane revealed the
following:
1. Cutthroat Harbor Estates, First Addition Subdivision is zoned Improved
Subdivision (IS). The Future Land Use designation is Residential Medium
(RM).
. 2. The portion of road to be abandoned consists of deteriorated asphalt pavement
and pea rock.
3. The petitioners .are the only.property owners adjacent and contiguous to the
~po~~anoo~~. .
4. The subject portion of the road does not terminate on a body of open water.
S. Letters of No Objection have been received from City Electric, TCl (cable
1V), and BellSouth.
6. The Florida Keys Aqueduct Authority (FKAA) has no Qbjection, subject to
the requestors, at their expense, cutting and plugging the existing two-inch
water main approximately fifty feet and relocating the meter to the right-of-
way. Exhibit "E-S" of the petition is a signed Letter of Agreement between
the petitioner and FKAA resolving this issue.
7. The applicant states that the reason for the abando~ent is "The subject
portion of the road to be abandoned is in the petitioners 'front yard', and the
adjacent property owners are the petitioners. The subject portion of the road
has never been used as a road. Garbage and recycling truck and emergency
vehicle access and turn-around is at the east end of the subject road."
Conclusions and Recommendation
Staff recommends APPROVAL of the request for road abando~ent baSed on the
following:
I. The proposed portion of Sharp Lane to be considered for abando~ent in
Cutthroat Harbor Estates, First Addition serves only the applicants. Therefore,
the request for abandonment meets the requirements as outlined by the Monroe
County Code Section 16-1.
2. The road terminates at a "T-turn-around", not on a body of open water.
Therefore, the request for abandonment meets the requirements as outlined in the
MCC Year 2010 Comprehensive Plan.
3. Based on the petition, the petitioners have received letter of concurrency from all
utility companies affected by the abando~ent. Therefore, the abando~ent will
not impair the distribution of utilities in the neighboring area.
Cc: Timothy J. McGarry, AlCP, Director of Growth Management
K. Marlene Conaway, Planning Director
Ed Koconis, AlCP, Development Review Senior Administrator