Item P1* 3:00 P.M. PUBLIC HEARING *
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 10/17/07 - KW Division: CountyAttorney's Office
Bulk Item: Yes No X
Staff Contact Person: Suzanne A. Hutton
AGENDA ITEM WORDING:
A Public Hearing to consider adoption of a Resolution renouncing and disclaiming any right of the
County and the public in and to a portion of Fourth Street, "Summerland Beach Addition No. 1",
Summerland Key, Monroe County, Florida as recorded in Plat Book 3, Page 20, of the Public Records
of Monroe County, Florida.
ITEM BACKGROUND:
The Road Abandonment Petition submitted by Petitioners Gregory and Betty Klimock has been
reviewed and approved by staff and the Monroe County Sheriff's Office. In that the area proposed for
abandonment is beyond the rest of the platted subdivision and out into the water, it was determined that
letters of no objection from the utilities are not required and no adjacent property owners will be
impacted. The public hearing must be held in the area to be impacted by the proposed road
abandonment. Staff is requesting approval to hold the public hearing at 3:00 p.m. on October 17, 2007
in Key West.
PREVIOUS RELEVANT BOCC ACTION:
9/19/07 Approval to advertise and hold Public Hearing 10/17/07 at 3:00 p.m. in Key West, FL
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution.
TOTAL COST: Petitioner Pays BUDGETED: Yes No _
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes _ No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing
DOCUMENTATION: Included X Not Required.
DISPOSITION:
Revised 2/05
Risk Management
AGENDA ITEM #
Petitioner Gregory and Betty Klimock
RESOLUTION NO. - 2007
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND
THE PUBLIC IN AND TO A PORTION OF FOURTH STREET, "SUMMERLAND
BEACH ADDITION NO. 1", SUMMERLAND KEY, MONROE COUNTY, FLORIDA,
AS RECORDED IN PLAT BOOK 3, PAGE 20, 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, due notice has been published and a public hearing has been held in accordance with
Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to
speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the
County and the public in and to the hereinafter described streets, alley -ways, roads or highways as delineated on
the hereinafter described map or plat, and
WHEREAS, the Board has determined that vacation of the said road is for the general public welfare,
and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore,
BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, 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 portion of 4rh Street, lying in Summerland Key, Monroe County, Florida, and
being more particularly described as follows:
Commence at the Northwest corner of Lot 20, `SUAlfiVERLAND BEACH
ADDI770N NO. 1 " , according to the plat thereof, as recorded in Plat Book 3,
Page 20, of the Public Records of Monroe County, Florida, then N 72'3457" E
along the Northerly Line of said Lot 20 (also being the Southerly Right -of -Way
Line of 4rh Street for 331.8 feet, more or less to the Point of Beginning; thence
continue S 72'3457" E along the said Northerly Line of Lot 20 (also being the
Southerly Line of 4th Street) for 17.5 feet, more or less to the Approximate Mean
High Water line of Niles Channel for 18.7 feet, more or less; thence S 7944'08 W
for 32.3 feet, more or less, to the Point of Beginning.
Containing 131.20 square 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 17th day of October, 2007.
Mayor DiGennaro
Mayor Pro Tem Spehar
Commissioner McCoy
Commissioner Murphy
Commissioner Neugent
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Mario DiGennaro
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County,
Florida, will hold a public hearing on October 17, 2007 at 3:00 P.M., at the Harvey Government Center,
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:
"A portion of 4th Street, lying in Summerland Key, Monroe County, Florida,
and being more particularly described as follows:
Commence at the Northwest corner of Lot 20, `SUMMERLAND BEACH
ADDITION NO. I " , according to the plat thereof, as recorded in Plat Book 3,
Page 20, of the Public Records of Monroe County, Florida, then N 72'34'57" E
along the Northerly Line of said Lot 20 (also being the Southerly Right -of -Way
Line of 4th Street for 331.8 feet, more or less to the Point of Beginning; thence
continue S 72'34'57" E along the said Northerly Line of Lot 20 (also being the
Southerly Line of 4th Street) for 17.5 feet, more or less to the Approximate Mean
High Water line of Niles Channel for 18.7 feet, more or less; thence S 79'44'08
W for 32.3 feet, more or less, to the Point of Beginning.
Containing 131.20 square 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 19th day of September, 2007.
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:
The Keynoter (Saturday) 9/22/07
The KW Citizen (Sunday) 9/23/07
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
9/19/07
- KW
Division:_ CountyAttorney's Office
Bulk Item: Yes
X
No _
Staff Contact Person: Suzanne A. Hutton
AGENDA ITEM WORDING:
Approval of a Resolution setting date, time and place for a public hearing concerning the proposed
abandonment of a portion of Fourth Street, "Summerland Beach Addition No. 1", Summerland Key,
Monroe County, Florida as recorded in Plat Book 3, Page 20, of the Public Records of Monroe County,
Florida.
ITEM BACKGROUND:
The Road Abandonment Petition submitted by Petitioners Gregory and Betty Klimock has been
reviewed and approved by staff and the Monroe County Sheriff's Office. In that the area proposed for
abandonment is beyond the rest of the platted subdivision and out into the water, it was determined that
letters of no objection from the utilities are not required and no adjacent property owners will be
impacted. The public hearing must be held in the area to be impacted by the proposed road
abandonment. Staff is requesting approval to hold the public hearing at 3:00 p.m. on October 17, 2007
in Key West.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution setting one public hearing for 3:00 p.m. on October 17, 2007 in Key West,
Florida.
TOTAL. COST: Petitioner Pas BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Attyk OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION• AGENDA ITEM #
Revised 2/05
RESOLUTION NO. -2007 Petitioners Gregory and Betty Klimock
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF FOURTH STREET, "SUMMERLAND BEACH
ADDITION NO. 1"9 SUMMERLAND KEY, MONROE COUNTY,
FLORIDA, AS RECORDED IN PLAT BOOK 3, PAGE 20, 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 October 17, 2007 at 3:00 P.M. at the Harvey
Government Center, 1200 Truman Avenue, 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 portion of 4th Street, lying in Summerland Key, Monroe County, Florida, and
being more particularly described as follows:
Commence at the Northwest corner of Lot 20, `SUMMERLAND BEACH
ADDITION NO. I " , according to the plat thereof, as recorded in Plat Book 3,
Page 20, of the Public Records of Monroe County, Florida, then N 72'34'57" E
along the Northerly Line of said Lot 20 (also being the Southerly Right -of -Way
Line of 4rh Street for 331.8 feet, more or less to the Point of Beginning; thence
continue S 72'34'57" E along the said Northerly Line of Lot 20 (also being the
Southerly Line of 4th Street) for 17.5 feet, more or less to the Approximate Mean
High Water line of Niles Channel for 18.7 feet, more or less; thence S 79'44'08 W
for 32.3 feet, more or less, to the Point of Beginning.
Containing 131.20 square feet, more or less. "
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of the Board held on the 191h day of September, 2007.
Mayor Mario DiGennaro
Mayor Pro Tem Dixie Spehar
Commissioner Charles "Sonny" McCoy
Commissioner Sylvia Murphy
Commissioner George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
51
Deputy Clerk
MONROE OATTORNEY
M. ■ i , AS
• ,
�► �•
..
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LM
Mayor Mario DiGennaro
CNTY jo'��qNROE
WESTDA 33040
(305) 294-4641
OFFICE of
the FIRE MARSHAL
490 631d Street
Marathon, FL 33050
PHONE: (305) 289-6010
FAX: (305) 289-6013
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
RECEIVED
F
SEP 12 2007
MONROE COUNTY ATTORNEY
FSEitti
MEMORANDUM
TO: Kathy Peters, County Attorney's Office
CC: Arthur "Wally" Romero, Wayne Hinnant, Monroe County Fire Rescue
FROM: Steven M. Zavalney, Captain
RE: Road Abandonment Petition Review — Portion of 4 h Street,Summerland Key, Fl
Petitioner: Gregory and Betty Klimock
DATE: September 12, 2007
The Monroe County Fire Marshal's Office has reviewed the road abandonment petition referenced above,
and has conducted a site visit.
The Fire Marshal's Office has no objection to the abandonment of this portion of the road.
If you are in need of further information, please do not hesitate to call.
RECEIVED
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MEMORANDUM 5EP 10 2007
MONROE COUNTY PLANNING DEPARTMENT MONROE COUNTY AT---- '
We strive to be caring, professional and fair
To: Suzanne Hutton, County Attorney
Through: Aref Joulani, Director of Planning & Environmental Resources > `
From: Bill Harbert, Senior Planning TechnicianI
Date: April 25, 2007 VL i/1e� e sX tr�
9 b%ol - &A-q 1
RE: Road Abandonment Request by Gregory and Betty Klimock
I REQUEST:
A. Proposal:
Gregory and Betty Klimock have requested the abandonment of a
portion of 0 Street in Summerland Beach Amended Plat, Summerland Key.
B. Location:
1.
Island & Mile Marker: Summerland Key Mile Marker 25
2.
Address/ Common address: 25340 4`h Street, Summerland Key
3.
Legal Description: Summerland Beach Amended Plat PB2-155
Lots 18-19-20 & Lot 20 of Summerland Beach Addition
4.
RE Number (s): 00196690.000000
C. Applicant:
1.
Owner: Gregory & Betty Klimock
2.
Agent: David Paul Horan
1I PROCESS:
The Director of Planning & Environmental Resources makes a recommendation of
approval or denial to the County Attorney following a review of the Road Abandonment
proposal by The Planning Department Staff.
III PRIOR COUNTY ACTIONS:
The roadway and adjacent properties were platted as part of Summerland Beach
Amended Plat in 1951 as recorded in plat book 42 Page 115
IV BACKGROUND INFORMATION
A. Size of Site: 2.04 acres (88,842 fta)
B. Land Use District: Improved Subdivision (IS)
C. Future Land Use Map (FLUM) Designation: Residential Medium (RM)
Page I of 3 Reviewed by _
W:\GROWTH MANAGEMENT%eoiLower Keys\024 Summerland\4th Streefa53404th Streef20070425
25340 4tb Street, Summerland Key, MM 24, Road Abandonment SR RE 00196690-000000.doc
1 D. Proposed Tier Designation: Tier III Infill Area
2 E. Existing Vegetation / Habitat: Developed
3 F. Community Character of Immediate Vicinity: Single Family Residential
4
5 V REVIEW OF APPLICATION:
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7 The Applicant is requesting a Road Abandonment of a portion of 4"' Street in
8 Summerland Beach Amended Plat, Summerland Key.
9
10 A. Roachvay Description;
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12 The segment of 4tb Street which is the subject of the request is shown in Plat Book
13 2, Page 115 of the Public Records of Monroe County. The segment lies to the
14 East of 4"' Street, to the West of Niles Channel, to the North of the Klimock
15 Property, and to the South of a property owned by Janet Irene Brangenberg . The
16 subject segment has been cleared; however there is no evidence that any
17 pavement has ever been laid.
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19 B. Use of the Road
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21 The road is vacant and terminates at the shoreline and rock jetty.
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23 C. Development Potential;
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25 If granted the abandoned portion of 4tt' Street will serve as an extension to an IS
26 lot owned by Gregory & Betty Klimock. Due to the unusual size, shape and
27 location in proximity to the water; Staff has found it to be unlikely that the area to
28 be abandoned would be developed by anything other than accessory structures
29 such as a fence to restrict the access the rock jetty.
30
31 D. Shoreline Access,
32
33 The subject segment of 4'h Street terminates at the open water of the Niles
34 Channel.
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36 E. Staff Review;
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38 A review of the records and an on -site inspection of the property revealed the
39 following:
40
41 1 The subject segment of 0 Street has been cleared, but the original
42 platted roadbed ends at open water.
43 2. The Monroe County Attorney has determined that letters of no
44 objection from the utilities are not required.
45 3. Staff finds that by abandoning the subject segment, access and
46 views of the water will not be significantly diminished. The
Page 2 of 3 Reviewed by .
W:\GROWTH MANAGEMENT\Geo\Lower Keys\024 Summerland\4th Street\25340 4th Street\20070425
25340 4th Street, Summerland Key, MM 24, Road Abandonment SR RE 00I96690-OOOOOO.doc
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Applicant is only requesting the portion that leads to the rock jetty.
Therefore, Staff concludes that access to the open water will not be
terminated and the views will remain intact.
VI RECOMMENDATIONS:
A. Staff recommends approval through the Director of Planning & Environmental
Resources to the County Attorney.
VII PLANS REVIEWED:
A. April photography;
B. Boundary Survey from Frederick H. Hildebrandt, dated March 15, 2006
C. Map of Boundary, Topographic & Mean High Water Survey from R.E. Reece,
dated April 4, 2006;
D. Monroe County Property Record Card;
E. Land Use District Map;
F. FLUM Maps;
Page 3 of 3 Reviewed b
W_\GROWTH MANAGEMENT\Geo\Lower Keys\024 Summerland\4th Street\253404th Street\20070425
25340 4th Street, Summerland Key, MM 24, Road Abandonment SR RE 00196690-OOOo00.doc
N TYJo'nNROE
-- -�_=
BOARD OF COUNTY COMMISSIONERS
Mayor Mario Di Gennaro, District 4
Mayor Pro TernDixie M. Spehar, District 1
KEYWESTDA 33040
George Neugent, District 2OU2
(305) 294-4641
Charles "Sonny" McCoy, District 3
Sylvia J. Murphy, District 5
Board of County Commissioners
Engineering Division
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 216
Key West, FL 33040
(305) 292-4426 — Phone
(305) 295-4321 - Fax
MEMORANDUM
TO: Suzanne Hutton
County Attorney
FROM: David S. Koppel
Division Director / County Engineer
DATE: 5/10/07
RE: Road Abandonment Petition: A Portion of 4th Street, Summerland Key
Gregory and Betty Klimock
I have reviewed your memo to me dated May 71h, 2007 and now have no objections to the above -referenced
petition.
RECEIVED
MAY 14 2007
MONROE COUNTY ATTORNEY
AUNTY o ®EVIL®E
KEY WEST FLORIDA 33040
(305)294-4641
(9 fice Of me eouf f*
502 W&&fiead Stwid, Rein
Joet 69ke J`3."1C26
54 We4t, 52 33041-1026
(3V5) 292-3470
BOAPD OF COUNTY COMMitSSIONERS
Mayor Mario DiGennaro, District 4
Mayor Pro Tem Dixie M. Spehar, District i
Charles; "Sonny" McCoy, District 3
George Neugent, District 2
Sylvia Murphy, District 5
TO: David S. Koppel, County Engineer
FROM: Suzanne A. Button, County Attorne
RE: Road Abandonment Petition Review: A Portion of 4!h Street, Summerland Key, FL
Petitioner: Gregory and Betty Klimock
DATE: May 7, 2007
The above -referenced Road Abandonment Petition was forwarded to staff for review and recommendation on
3/16/2007. I have received your response dated 5/l/2007 which states:
.have no objections subject to the following two points.
I. The plat shows the road ending at water. A determination needs to
be made if this violates County code.
2. The County also does not usually abandon partial pieces of
roadways."
As stated in my transmittal to staff for review, "the area being proposed for abandonment is beyond the rest of
the platted subdivision and out into the water..". While the County does not, as a rule, abandon odd -shaped
segments of a road, particularly one ending in water, the applicant's counsel appeared before the Board on
7/1912006 (Sounding Board). At that time, the Board directed staff to work with the Petitioner/Counsel to
accomplish an abandonment to allow the Petitioner to fence off the jetty, which the Petitioner originally
purported to own and the State agreed. There is now a question about ownership for which I am awaiting his
attorney's response. It is my understanding, from the pictures and surveys documented in the Petition
package, and assuming that Khmock owns the jetty, that a segment of the road could be abandoned without
eliminating access to the water. It may diminish by several feet, but would not be eliminated. The public has
no right to access the water via the jetty, only what they can access at the end of the platted road.
Additionally, the portion of road to be abandoned will legally devolve or transfer to the Petitioner and become
his sole responsibility and liability.
Memorandum to David S. Koppel, P.E., County Engineer
Re: Road Abandonment Petition —
A portion of 0 Street, Summerland Key, FL
May 7,2007
Page Two
This office must rely on the expertise of staff to physically investigate and provide a written report of their
findings and recommendation based on those findings and the documentation provided by the Petitioner, to
ensure the road abandonment, as proposed, meets the requirements for approval as directed by the Board. In
that your response was subject to clarification on the two points cited in your memo, I am uncertain if you are
approving the Petition as presented or not. To properly document the Road Abandonment Petition package
ultimately presented to the Board, please provide your written final recommendation based on your on -site
inspection, the Road Abandonment Petition documentation and my response to the two points contained in
your 5/1/2007 memorandum to ensure the Petition, as presented, has your approval to move forward to the
Board for consideration.
To date, we have received a letter of no objection from the Monroe County Sheriff's Office dated 3/28/2007,
which was previously copied to staff on April 4, 2007. The matter is scheduled for follow-up on May 17'h
pending receipt of written findings and recommendation from the Planning Department and Fire Marshall,
Thank you.
SABkmp
Enclosures: Memo from MCSO dated 3/28/2007
Memo from County Engineer 5/1/2007
cc: Aref Joulani c/o Bill Harbert, Planning Department
Jim Callahan, Acting Fire Chief
Ronda Norman, Code Enforcement
Undersheriff Col. Rick Ramsay, MCSO
David Paul Horan, Esq. for Petitioners Gregory and Betty Klimock
OUNTY Jo'nNROE
WESTDA 33040
(305)294-4641
Board of County Commissioners
Engineering Division
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 216
Key West, FL 33040
(305) 292-4426 - Phone
(305) 295-4321 - Fax
TO: Kathy Peters
County Attorney's Office
� 7
MEMORANDUM
FROM: David S. Koppel
Division Director / County Engineer I/h
DATE: 5/ 1 /07
RE: Petition for Road Abandonment
A portion of 4th Street
Summerland Key
Gregory and Betty Klimock
BOARD OF COUNTY COMMISSIONERS
Mayor Mario DI Gennar0, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Sylvia I Murphy, District 5
I have reviewed the above -referenced petition and have no objections subject to the following two points:
1. The plat shows the road ending at the water. A determination needs to be made if this violates County
code.
2. The County also does not usually abandon partial pieces of roadways.
Fi�GiG�V ��
Monroe County Sheriffs Office
Freeman Substation
Memorandum
TO: Colonel Rick Ramsay
FROM: Capt. Chad R. Scibilia
Commander, Sector
DATE: March 28, 2007
SUBJECT: Road Abandonment Petition
A Portion of e Street, Summerland Key, FL
Petitioner: Gregory and Betty Klimock
At you request I conducted a site inspection and reviewed the Petition for
Abandonment of a portion of county right of way on 4t` Street, Summerland Key. The
portion of county right of way being petitioned for abandonment is approximately 131
Square feet of the end of a dead end road.
This area of 4`b Street runs east and west, dead -ending at the ocean. There is a
single-family residence located on either side of 40' street with the petitioner residing on
the north side of 41' street.
The area being requested for abandonment is in essence from the end of 40' street
extending into and along the shoreline, connecting an existing rock jetty back to the
petitioner's property. This area appears to be approximately 131 square feet of county
owned shoreline and would extend the petitioners property to, but not include, the rock
jetty
Based upon my site inspection and review, I conclude that should this petition be
granted, it would not hinder any type of pedestrian, vehicular, vessel or emergency
traffic.
Respectfully submitted. RECEIVED
APR 0 3 2007
MONROE COUNTY ATTORNEY
cOMONROE
UNTY or
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MCS0
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)n Review. A Poi-tion M'4"' Stj-c:cif, Sumnierland Koy_ FL
�eav Kliniock
Enclosed please "ind the above-refei,enc ed Road Abandomnent PetitIoD SLIbIrlitted by David Paui Hoi-an on
bell'--if f Gregoiy and
I Betty KlimurA which was received- by S office on —')/Z"' 1 /200 -/. Please note-, h) hai f
"-)
szSAC�')) jnc- ct�fi o. (ft i'MIA:0(", 0brl Pv I S 00 01.1Y totU I-
o u mv .-Mtornev has de I ef-mined that letters of no (jbj ection from I Ire it till t i es are not requi,
RcaJ Abaadoomcnt Periiion, iw,-�-,, ',()Jjr
I <'J
cc�m;-�s)
o�MONROE
FLORIDA 33040
294-4641
c q epee e—dq Q &--#
502 ` &tdwad Stwa,514.
Jnet Office 53am 1026
. qp West, r e 33041-1026
(305) 292-3470
yaIx (305) 292-3516
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Dixie M. Spehar, District 1
George Neugent, District 2
Glenn Patton, District 5
David P. Rice, District 4
ROAD ABANDONMENT PETITION
DATE SUBMITTED : /® o?—
RECEIVED
FEB 2 12007
MONROE COUNTY ATTORNEY
NAME OF PROPERTY OWNER(S): �%I��iS�/ /�'.C✓/l�d L�LC
ADDRESS: r�5�3'}O •�
,el5[
PHONE (I) jy:S=- 3/&I/ (W)
E-mail:
Fax:
(C)
AGENT: !//,d
ROAD/EASEMENT (to be abandoned):
We Marker: IN
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)
Survey: (no larger than 11" x 17" or 8'/," 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) 11/
May of Key: on which road is located, clearly showing US 1, Mile Marker number and portion of road to be
abandoned.
Petitioner:
(Exhibit C)
Copies of Deed(s) - Petitioners certify 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 tax/es for the year ROO-S' have been paid on their subject land.
(Exhibit D) Y
Legal description of that portion of the roadway which Petitioners seek to have abandoned.
(Exhibits E-1, E-2, E-3, E-4, E-5) �-
Letters of no objection from utility companies including, but not limited to: water, electric, telephone, cable
TV and applicable wastewater treatment facility.
(Exhibit I) NIA
Letters of no o iection from all adjacent property owners and list of names and addresses of all adjacent
property owners.
Petitioners seek the abandonment for the following reasons:
.�.r�-7W.2Ti AdZ6649r> 7V /3/. A SC .ter
/`i�.Wyrs �5oe /,tJ
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).
Petitioner:
WHEREFORE, Petitioners formally request the Honorable Board of County Commissioners to
grant this petition.
PETITIONE
[ Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this
' day of ���
Typed Motary Name and Number
Notary Si ture and Seal
NOTARY PUBLIC -STATE OF FLORMA
Sally k Valen; 1
/Commission # DD :2
Expires: MAY 0 , u'0
Bonded Thra Atlantic Bonding vj., hlc.
PETITIONER
[ ] Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this day of 120
Typed Notary Name and Number Notary Signature and Seal
3
S.79'44'08'W.
32.3':�
LES
r
h1.72'34'S7'tilY� x
7.5'f
Gregory Klimoch
25340 4th, Street, Surnmeriand Key, Florida 33042
BOUNDARY SURVEY own No.:
05-438
Scale: =50' Ref. Hand ponei No.
184-62 1314 K Own. By: f AM
Dcte: 3/15/06 rile F100d Z111: Flood Pei.
v E 5'
REViSnNS ANO/OP ADDITIONS
31'6/05: U dated, road legal EXHIBIT
7-7.776: -evise road cband( irr ent
a
,iwn/surnme;iGnd bcach/!-t
CIS A E L
Sheet 2 of 3
FREDERICK H. HILDEBRANDT
MINIM PL,AMM SURVEYOR
3152 Norlhside Drive
Saite 201
Key West, R. 33040
!305) 293-C466
r�3x. (.3C5) 293—u2.37
1''ro perty Intbrimillon for 1258369
Page 1 of 3
MONROF COUNTl PROPLRIA APPRAISER
PROPER] I II INFORMATION FOR:
Alternate Key: 1258369
RE Numhcr: 00196690-000000
Prullertl Doads ...
M) Ni;jt (m R{ ( om)
SI;RmVISION':
51�:[' i 11 i1, �I�[]ll \tillll'. R.1\(:}•:
n�Il.l..u,r 4,I2(lI P
PC' 0 n7E:
Pk[ f1'I. v IN '17.II'
Lind Deuds
L.1\I1 Usv 0.1111•; NW, IACK ❑vvrii LAti1) Amv.k
Slijmnarl of Huildin2s - -
NI mlivu (7F BI lLl7lti[a T[1r.11. I.II l�f.] Aiu.\
NI 1IM-12 O C'511111FRUTAL RUILliINW, YI'.lk RI I1.1
F3uildinR Characteristics Huildin2 No 1
131 lI.I11.\[; •INI'1: CONDITION QI ALTTV GRADE Li:Fi((TIVF A(:F
PER1�1I I ER DEPRI:( I:ITION % l FAR BI ll:r SI'F:('I: ►I. .AR( II
L:k\1) F1,00R AREA FI.('noN.%1.013s LC(1\ mic MIS
Rom ('OVER
HF.;11 I
HFx1
VOUNDVTI(1\
B}.IiKooms
HFAtrSR( I
HEAT Sw 2
F.\ I RA FEAT! RES:
2 FIN B%I I1 4 Ff.\ BA'1'Il
6 F1\ BATH LX I NA FIX
VACUUM L M SECI RI I
GARBAGE DISPOSAL
3 FIX BATII i FIN HAvrff
7 Fix BATH DismNAS11E:R
INTFR( ONT FIkE.P1.7('I:S
U[ mpu.. I()R
http:. 1ti V.mcpatl.nrL!datacenter.!search: record.asp 1;2/2007
go
arty Information for 1258369 Page 2 of 3
aecnons
TYPE MR EXTERIOR WALL TYPE
# STORIES
YEAR BLTILT
ATTIC
A/C B.ASEn-LENT %
FINISHED BASEIIIENT % AREA
CPF 1
5:C.B.S.
1
1957
N
N
0
0
1911
ELF 2
5:C.B.S.
1
1957
N
N
0
0
187
OUF 3
5:C.B.S.
1
1957
N
N
0
0
399
FLA 4
5:C.B.S.
1
1957
N
N
0
0
1635
OIJF 5
5:C.B.S.
1
1957
N
N
0
0
120
PUF 6
5:C.B.S.
1
1957
N
N
0
0
343
FLA 7
5:C.B.S.
1
1957
N
N
0
0
500
SBU 8
LWD FRAME
1
1979
N
N
0
0
494
Mlscettancous Improvements
NUR_
IN1PR TYPE
# UNITS
TWE
LENGTH
WIDTH
YEAR BUILT
ROLL YEAR
GRADE
LIFE
1
SW2:SEAWALL
900
SF
300
3
1975
1976
3
60
.2
DK3:CONCRETEDOCK
750
SF
250
3
1975
1976
3
60
3
BR2:BOAT RAMP
640
SF
40
16
1975
1976
3
60
4
UB2:UTILITY BLDG
96
SF
12
8
1979
1980
2
50
5
CL2:CH LINK FENCE
385
SF
55
7
1995
1996
1
30
6
CL2: CH LINK FENCE
1660
SF
332
5
1949
1950
1
30
7
CL2:CHLINKFENCE
330
SF
55
6
1999
1999
1
30
8
CL2: CH LINK FENCE
480
SF
80
6
1999
2000
1
30
rarcel vame tustoo
TAX ROLL YEAR
BUILDING
MISCELLANEOUS
LAND
ANT
(NOT
TA_SABLF
IAlPROVEn-TENTS
INCLUDING
INCLUDING SENIORS)
2006
435.870
26,722
5,330.590
5,793-172
25,000
882,079
2005
242,150
27,752
3,109,530
3,379A32
23M0
869.932
2004
242.149
28318
1243,848
1,514,315
25,000
943,866
2003
314,794
29359
1243,848
17588,000
25,000
827,666
2002
170,754
30.387
888,480
1,089,621
25,000
807,682
2001
161,554
41,103
408,000
610.659
25,000
452,878
2000
162.059
19,965
285,600
467,624
251-000
438,960
1999
185290
9,463
285,600
479,353
25,000
426,763
1998
185-290
8,600
285,600
479A90
25,000
419,649
1997
185-290
8.873
295,600
479,763
25,000
412217
1996
132,350
6,533
285,600
424,483
25.000
399,483
1995
138.549
6,630
285,600
430.779
0
430,779
1994
138,549
6,825
285,600
43O,974
0
430,974
1993
138,549
7,020
285.600
431,169
0
431169
1992
138,549
7,118
285,600
431,267
0
431,267
1991
138,549
7313
285.600
431,462
0
431A62
1990
138,549
7,508
244,800
390,857
0
390,857
1989
138,549
705
195,840
341-994
0
341-994
1988
132,479
6,672
195,840
334-991
0
334,991
1987
84,702
6,839
155.040
246,581
0
246,581
1986
85,103
6.518
153.040
246,661
0
246,661
1985
82.458
6,675
149,976
239-109
0
239,109
1984
72,151
7,945
119,981
200,077
0
200,077
1983
72250
7,945
119,981
200A76
0
200,176
1982
73305
7,945
95,985
177235
25,500
151,735
rarcel �a1es rllstory --
NOTE - OL'R RECORDS ARE TYPICALLY TWO TO THREE MONTHS BEHIND FROM THE DATE OF SALE. IF A RECENT SALE DOES
NOT SHOW UP PLEASE GIVE OUR OFFICE TIME TO PROCESS IT.
OFFICIAL RECORDS
htt)://www.mcpafl.org/datacenter/search/record.asp 3/2/2007
r ,rtY Information for 1258369Page 3 of 3
J�L,E DATE
04/1995 1348/0626 735,000 W-D
12!1987 1037,1643 625.000 VJD
http://www.mepafl.org/datacenterfsearch/record.asp 3/2/2007
LOCATION MAP
A Portion of Summerland Key
Gregory Klimoch
25340 4th. Street, Summerland Key, Florida 33042
BOUNDARY SURVEY Dwn No.:
05-438
Scale: 1 "=60' Ref. I Flood panel No.
184-62 1314 K Dim. By: F.H.H.
Date: 3/15/06 file Flood Zone: VE Flood Elev, 15'
REVISIONS AND/OR ADDITIONS
EXHIBIT
N.T.S.
3152 Northside Drive
Suite 201
Key West, FI. 33040
(305) 293-0466
Fax. (305) 293-0237
Sheet 1 of 3
-ri -
a
Al
trras;l� 2006 DIgIt{alGiobe
' -•ems. A yS . '�.,� .;: '� .
p[�Intt r 2d'3S'1]3 $S =tr _"8,s 26'7q.24' W h?c+v 0 St Sitsra[i ln9 {il]llEl�l S f7 r;
all 1413
Oct 03 OG 09:113a Patricia Bliss 305
295 31323
p:l
a) No R E '0071QC90 G01ti6070.
,�lsv ,00113100 .
'Clio MM=ifMt!rtt P}aleiQ 63'-AIM now. to4.
<y, r, Jr�'
[N11NAtGi�$IMF
� Roei TFnjE
er noadCDMPAHY
P1.35012�717 886247
1348
P�Ob
eea"3.9 No 7a72OM
96
Mantas OREGORYT,, WIVIDOK
M;NM: a nY J.
KtIMOCKt—
Date. `l RS�z
c
DS PaId�J1L15
MONROE COUNTY
�c '•
_ DANNY L KOLH -E, CLEf{h CIIL CT.
BY
:a
This acne for Recording Dawl.
K ',
CD
r
o
WARRANTY DEED
CA
-
This Indenture made thls __ day of April, 1995 BETWEEN RICHARD L. REECE and
LORETTA W. REECE, his "If", Df the county of Oklahoma. State of OK, grantor, and GREGORY T.
KLIMOCK and BETTY J. KUMOCK, his wlfe , whose post Orion address Is P. O. Sox 2441, Marathon
Shores, R 33052, of the County ed Monaco. State of FT.. grantee
W I T N E S S E T H. That said Ga tor. for and In ocaeideralicn of the sum of TEN AND 001100'9 ($10.00)
DDNea and other good and valuable Considerations to raid gmmnr in hand paid by Said finales. the receipt whereat Is
hereby acimowledged, two granted, bargained and Said to the grantee and grantee's heirs and assigns forever the
following described land Situate. "and being le MONROE County. Florida, t_&
Lots 18. 19 and 20, AMENDED PLAT OF SUMMERLAND BEACH, according to the plat
thereof, recorded in Plat Book 2, at page 155, of the Public Records of Monroe
County, Florida, and;
Lot 20, SUMMERLAND BEACH, ADDITION NO. 1, according to the plat thereof,
recorded in Plat Book 3, at Page 20, of the Public Records of Monroe County,
Florida.
AND ALSO:
See Legal Description Attached Hereto and Made a Part Hereof
TOGETHER, with all the tenements, hereel tens-ts and eppurleaences thereto belonging or In anywise
appertaining,
TO HAVE AND TO HOLD, the same Infee Simple forever.
AND, the grantors hereby covenant with said grantees that The grentors are lawfully seized of said hand In We
' simple: that the granter's have good dght and lawful authority to sell and convey said land, and hereby warrant the
this to sold land and will defend the same against the lawful claims of at persons whomsoever. and that Said land Is
nee of At enm rnbramaer, erupt tones ac=IM Subsequent to December 31, Ina.
IN WITNESS WHEREOF, the sail gredom have signed and sealed these presents the day and year that ebave
wdtten.
_ �Sl�g�mady�,�s�aI d and
silvered In our presence.
� '� '�� L.S.
re' i HARD L REECE
1500 Glenwood Ave—, Mahar' H OK 73178
t R yfj/t 1 /
LORETTA W. REECE
1500 menwood Avenue, Nichols Hills, OK 73116
PdrRad Slgnalu
STATE OF OKLAHOMA
COUNTY OFOKLAHOMA
The foragoing Insrruaant was esltaowledged before me this 31 day of )2M,CIL_• 1935, by
RICHARD L. REECE and LORETTA W. REECE, who Is (or are) personally Imown to me or who has
pr. oa0. "r ' as ]dmdf4catioh.
. rtNEBS,h QeRand and a0leiel sea] in the County and Slate last aforesaid.
? MY; Cdrmldg,irei:f„�.i
_ . C;[.._: Notary '• '
'� t•. rat; � ' .
• '•`'""� •'; ," r' ' ' . Pdn1, Type or Stamp Commissioned Name of Notary Pubec
• F'igea�ly'liM.. or produced Identification
Typal"df•Iderf01ce1ion Produced
EXHIBIT
V
Oct 03 OG 09:17a Patricia Bliss 305 29,5 31323 p.2
88-6247
1348 PAM0627
OL portal of submerged land In Niles Channal In SOCUOR 36, Township 66 South, Range 28
L103tt 8 ammarland Key. Monros County, Flodda. tying Southeasterly of and adjacent to Lots
let 19 and 20, Amended plat of $ummerbind Beach, plat Book 2, page 156, and Lot 20,
Summertand beach Addillort No- I, plot Book 3. page 20, Monroe County Official Records
and mom particularly described as follows.,
Begin at the intersection of the Southeasterly line at said Lot is and the Southeasterly
shoreline of Surnme0and Key,, thence Southeasterly along It'd Southwesterly line of said Lot
IS (ad#ndod) a distance of 100 fast to 8 POIM thence North 47 degrees 30 minutes East a
distance of 390 feet, more or lose, to a point in the Southwesterly fine of 4th St —at,
(extended), according to said plat of Summerland Beach, Addition No. 1; thence
Northwesterly along said Southweatody Una of 4th Street (extended) a dlstancK of 148 toot,
more or toss. to a point in the Southeasterly shoreline of SummOrland Key; thence southerly
and Southwesterly along the meanders OF said soulheastarly 8110reLlne a titsionce of 335 feet,
more or less, back to the point of bagInning.
t -
LLUAL UtSGKIN I IUN;
Prepared by undersigned:
A portion of 4th Street, lying in Summerland Key, Monroe County, Florida, and
being more particularly described as follows:
Commence at the Northwest corner of Lot 20, "SUMMERLAND BEACH ADDITION NO.
1 according to the plot thereof, as recorded in Plat Book 3, Page 20, of the
Public Records of Monroe County, Florida, thence N 72'34'57" E along the
Northerly Line of said Lot 20 (also being the Southerly Right —of —Way Line of 4th.
Street for 331.8 feet, more or Jess to the Point of Beginning; thence continue S
72'34'57" E along the said Northerly Line of Lot 20 (also being the Southerly Line
of 4th. Street) for 17.5 feet, more or less to the Approximate Mean High Water
line of Niles Channel; thence N53'55'00" E along the said Approximate Mean High
Water line of said Niles Channel for 18.7 feet, more or less; thence S 79' 44'08"
W for 32.3feet, more or less, to the Point of Beginning.
Containing 131.20 square feet, more or less.
SURVEYOR'S NOTES: Monumentation:
North arrow based on plat 0= set 1/2" Iron Pipe, P.L.S. No. 2749
Reference Bearing; Centerline East Shore Drive •= Found 1/2" Iron Pipe
3.4 denotes existing elevation 0= Found 1/2" Iron Bar
Elevations based on N.G.V.D. 1929 Datum A= Set P.K. Nail, P.L.S. No. 2749
Bench Mark No.: K-70 Elevation: 12.710' A= Found P.K. Nail
Abbreviations:
Sty.
= Story
o/h = Overhead
R/W
= Right —of —Way
nd
I.P. = Iron Pipe
P.
_ Plot
I.B. = Iron Bar
m.
= Measured
R = Radius
d.
= Deed
A = Arc (Length)
M.H.W.=
Mean High Water
D = Delta, (Central angle)
N.T.S.=
Not to Scale
Centerline
fj= Wood utility Pole
Elev.
=
= Elevation
(—�Qf= Wood Utility Pole
B.M.
= Bench Mark
with Guy wire
P.C.
= Point of Curvature
O.L. = On Line
P.T.
= Point of Tangency
C.L.F.= Chain Link Fence
P.B.
= Plat Book
Pg.
= Page
Field Work performed
on: 12/01/05
CERTIFICATION:
HEREBY CERTIFY that the attached Boundary Survey
is true and correct to the best of y knowledge and beleif; that it meets .the minimum
technical standards adopted by the lorida Board of Land Surveyors, Chapter 61G17-6,
Florida Statute Section 4% .02 the American Land Title Association, and that
there are no visible enc chme t nless shown hereon.
FREDERICK H. HILDEBRANDT \ /
Professional Land Surveyor & Mapper No. 2749
Professiona! Engineer No. 36810
State of Florida
NOT VALID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE
Sheet 3 of 3
Gregory Klimooh
25340 4th_ Street, Summerland. Key, Florida 33042
BOUNDARY SURVEY Dwn No.: FREDERICK H. HILDEBRANDT
05-438 ENGPIEER PLANNR SURVEYOR
Scale: 1 "=60' Ref. Flood panel No. ,
1314 K Dwn:' B F.H.H.
184-62 3152 Northside Drive
Date: 3/15/06 file Flood Zone: VE Flood Elev. 15' Suite 201
Key West, Fl. 33040
REVISIONS AND/OR ADDITIONS (305) 293-0466
3/16/06: Updated, road le al EXHIBIT Fax. (305) 293-0237
9/28/06: revise road. abandoment - D
9
E. LETTERS OF NO OBJECTION:
UTILITIES
In that the area being proposed for abandonment is beyond the rest of the
platted subdivision and out into the water, the County Attorney has
determined that letters of no objection from the utilities are not required.
F. ADJACENT PROPERTY OWNERS
QVI.11
EXHIBIT
b
Enclosed are objections to item P1 on the 10/17/07 agenda
Robert Lustberg - Legal Opinion
Sumerland Letters
Elizabeth Lustberg
Joan Ferretti
Marie Haymond
David Goddard
Michael Dallwitz
Fred Cardinal
Eric Shiner
Robert Gay
George &: Lois Craig
Sheila and Bob Reeves
Vance
Gainey Maxwell
Key West Letters
John Meaker
Karen Luknis & Debra Butler
Margaret Randall
Deborah Rothstein & Tom Lavender
Ray McKnight
Law Offices
LuSTBERG & FERRETTI
Five Garrison Road
Glens Falls, New York 12801
Telephone (518) 792-4828
Fax (518)792-4896
Joan M. Ferretti'
Robert M. Lustbem "
" Admitted in NY and DC
Admitted in NY & PA
Monroe County Board of Commissioners
1100 Simonton Street
Key West, Florida 33040
900 Merchants Concourse
Suite 214
Westbury, New York 11590
October 15, 2007
Re: Application of Klimock (aka Klimoch), Abandonment of Fourth Street
Summerland Key, Fla.
Dear Commissioners:
This letter is written on behalf of myself, my wife and other residents of Summer -land Key.
own a house at 25347 3rd Street, Summerland Key, Florida, and have owned it since 2001. 1 write
to object to the above noted Application for Abandonment and reconveyance.
I was amazed to read that Monroe County is acting upon the request of a private
landowner for the County to abandon a portion of Fourth Street and deed the property to a
private adjoining landowner, the Klimochs. My wife and I, on behalf of ourselves and other
neighbors, object to the proposal. It should be rejected by the Board as contrary to applicable
Florida Statutes, the Florida State Constitution, and the public interest.
As an attorney with thirty years experience practicing in state and federal courts in New
York, New Jersey, Pennsylvania, Connecticut, Rhode Island, Delaware and the District of Columbia,
with much of my representation involving municipalities, including State agencies and Towns and
municipal subdivisions, I was stunned by the proposed action and the apparent approval of your
County Attomey. In every state of which I am aware, two relevant principles of law are clear and
long standing. First, road or night of way abandonment is governed by statute and the statute
always lays out the circumstances and procedure for such an abandonment. Second, money,
property or things of any value whatsoever may never be given to private entities or persons
except under very limited and statutorily specified circumstances.
Florida's Statutes are consistent with these principles. Florida's abandonment reconveyance
statute is found at Title XVIII, Chapter 255.22. The prohibition on simply giving away municipal
property is found in the Florida State Constitution, Article VII, Section 10. In addition, there are a
myriad of cases and Attorney General Opinions addressing the impropriety of giving municipal
property or money to benefit private parties.
It appears that Florida Statutes and Constitution have been ignored and have played no
role to date in the County's handling of this matter.
Title XVIII, Chapter 255.22 provides that for a County to reconvey real property to any
adjoining landowner without receipt of valuable consideration, it must be established, and the
County must find, that the property was conveyed by the party seeking reconveyance (or its
predecessor in title) to the municipality for no money, and also that the property was conveyed for
a specific use or purpose, for which it has not been used for at least 60 months (abandoned). In
this case, there is no showing or finding that the applicant, or the applicant's predecessors,
conveyed the property to be reconveyed by the County for no consideration, or for a specified
purpose. Also, the property is continually used by the public. Therefore, even if, orguendo, the
applicant or their predecessor had conveyed the property to the County, it has not been
abandoned, and, therefore, may not be reconveyed to the Klimochs and removed from the public
ownership and use.
As you are aware, the property is located in what is commonly referred to as the
Summerland Estates. I reviewed the subdivision maps on record with Monroe County, as well as a
number of deeds for property in the subdivision, including the deed to the Klimochs, and I see no
record which indicates that any one in the subdivision was conveyed any interest in adjoining road
ways. In fact, every deed I reviewed for properties in Summerland Estates, including the Klimochs'
deed, have metes and bounds descriptions which reference the land being conveyed as a lot
shown on the subdivision map. There is no indication any where in the deed to the Klimochs that
either they, or their predecessor in interest, had any interest in Fourth Street, or conveyed any
portion of Fourth Street to the County, either for no consideration, or for a specific purpose.
Absent the establishment of these statutorily required factual predicates, even if an abandonment
took place, the property simply could not lawfully be reconveyed to the Klimochs.
On Summerland, there are many roads such as Fourth Street which go directly into the
water and actually end in the water. A simple review of the maps on file with the County reveal
this fact. Based upon my observation and personal experience, these road water access points are
used on a regular basis by landowners who do not have direct water access. There are many such
properties in Summerland Estates. In fact, real estate brokers tout these water access points to
prospective purchasers in Summerland Estates. I personally use this vantage point, and I have seen
people launching kayaks there, as well as children fishing, and people enjoying the view. Clearly,
none of these public uses has been abandoned. They occur regularly and routinely.
On this record, there is no way the applicants could meet their burden of establishing that
the road water access on Fourth Street, or on Third Street, or on Ocean Drive, have not been
used by the public during the past 60 months. Findings mandated by statute for the reconveyance
of a portion of Fourth Street have not been made, and indeed cannot be made, by the County to
enable it to either abandon Fourth Street or to reconvey it by Quit claim to the applicants.
Further, as I am sure you are aware, the County is bound to only take actions which benefit
all of the people in the County, i.e., in the public interest. The proposal here is clearly against the
RA
public interest. In this case, it is directly contrary to the interests of those who live on Summerland
Key. The various water access points on Summerland, including Fourth Street, are an integral part
of the ambiance and character of Summerland, and are used on a regular basis by many residents
of Summerland. These access points add value to non water front real property. In this respect,
Summerland Estates differs from many other subdivisions in the Keys, where all of the water front
is bottled up by private land holders, and there are no other locations within subdivisions, for
swimming, picnicing, enjoying the vista, fishing, or launching a canoe or kayak In its report, the
County staff maintained that the proposed abandonment would not eliminate public access,
because the applicants are proposing to install a fence across half of the water front. This
demonstrates a fundamental misunderstanding of municipal law. The County cannot take action
which is arbitrary and capricious. This is typically interpreted to mean that if a municipality takes a
particular action, it can be used by parties in similar situations to demand, and obtain, similar
treatment. In this case, how could the County not grant a similar or identical request from the
neighbor on Fourth Street who is on the opposite side of the road from the applicant? Indeed, this
land owner is likely to demand a similar conveyance, if only because of the precedent set by the
conveyance to the Klimochs, and because the Klimochs' proposed elimination of half of the water
access from public use would compress such use against the opposite side of Fourth Street. To
grant applicants' request would create a slippery slope leading to the complete closure of Fourth
Street to public access, and then, ultimately, to the closure of Third Street, Ocean Drive, and
others. To grant applicants' request for abandonment and reconveyance, but not the opposite
neighbor's identical request, would be arbitrary and capricious and subject to legal challenge.
Likewise, the adjoining landowners for every similarly situated property on Summerland
should be treated the same as the applicants, thus exposing all of the end of road access points to
reconveyance. It would be nice if there were some consideration or thought given to fundamental
issues of law which necessarily flow from the County's proposed course of action, and the
cumulative future impact of proposed County decisions. Based upon the history and character of
Summerland, and the impact the abandonment and reconveyance would have on the community,
even assuming the statutory requirements were technically satisfied, there is simply no way the
County can conclude that it is in the PUBLIC interest, as opposed to the applicants' putative
interest, to abandon and reconvey any part of Fourth Street. Indeed, it does not appear from the
filings reviewed to date, that the applicants have articulated any compelling interest of their own.
The limitations on reconveyace in Title XVIII discussed above reflect a fundamental, long
standing premise contained in the Florida Constitution Article VII, Section 10. The government,
including a County, cannot expend tax dollars or give anything of value to a private entity or
person. The Attorney General of the State of Florida has issued, literally, hundreds of advisory
opinions on the issue of what constitutes an appropriate use of governmental property and funds
in light of this Constitutional restriction. Further, Florida Courts have rendered dozens of opinions
on this issue. A fair reading of the Attorney General's opinions and case law leads to the
conclusion that, absent strict compliance with Title XVIII, the County simply has no authority to
convey the property to the applicants without just compensation and the proposal should be
rejected. Obviously, if the County were to desire to sell a portion of Fourth Street to the
applicants, or to any one else for that matter, it is bound by another whole set of procedures, none
of which have been followed in this matter. Therefore, the property cannot be either conveyed or
sold to the applicants.
3
For the reasons stated herein, the record before the County is inadequate to enable it to
reconvey any portion of Fourth Street to the applicants. Further, even if the property were legally
susceptible to reconveyance, the record before the County does not support a conclusion that it
has been abandoned for the requisite 60 months. Clearly, the opposite is true. Nor does the
record support a conclusion that such a reconveyance is in the public interest. just because a
County can reconvey does not mean it should reconvey. This is especially true in light of the
number of negative comments I understand are being provided the County on this matter. The
only beneficiaries of this proposed reconveyance are the applicants, who have told County staff
that they intend to fence off the portion of Fourth Street they seek to have reconveyed specifically
to prevent the public from using Fourth Street for water access. It is inconceivable that County
Staff could recommend an action which is so clearly inimicable to the public interest. The proposal
should be rejected.
Due to what we consider to be the importance of maintaining, in the public interest, all of
the water access points on Summerland Key, and because of the inevitable slippery slope which
the precedent of an approval of this proposal would engender, it is our intention to oppose it and
any others like it in all available forums. We certainly hope this will not be necessary in light of the
opposition to the proposed reconveyance.
Thank you for your courtesy and consideration.
Danny Kolhage, Clerk of Court
500 Whitehead St.
Key West, FL 33040
CC: County Commissioners
October 15, 2007
Dear Commissioners:
I am writing to object to item P1 on the 10/17/07 agenda, which proposes giving half of thQ
waterfront at the end of 4th St. to the neighbors bordering the road. 4th St. is a short road
connecting East Shore Dr. to the ocean side of Niles Channel on Summerland Key. I
regularly walk to the end of the road to look at the ocean and smell the salt air. Sometimes $
run into my neighbors who bring their dogs down to go swimming and bring their kids down
to check out the sea life attracted to the jetty rocks. It is an easy place to launch a kayak,
small boat, or jet skis.
Removing half of this waterfront would seriously reduce this small waterfront's charm. It mqy
also prompt the neighbors on the other side of the road to request the other half of the road
so that they can close off the public water access and discourage people from walking pas-4
their property. Giving away waterfront on 4th St. may encourage people owning land ne4
to other public water access roads to request free land from the County to prevent public
access near their houses. I live on a tropical island because I love the ocean. I choose to
live in this neighborhood because the ocean is so easily accessible. Closing off the
waterfront in whole or in part would reduce property values of the non ocean front lots in the
neighborhood.
I have spoken to several non water front neighbors on 2nd St., 3rd St., East Shore Dr.,
West Shore Dr., Katherine St., and Margaret St. Only one of them was aware of this
proposal and all of them oppose it. Some of them have written letters in opposition to the
Board. They told me: "I bring my grandchildren there." "My kids play there." "I walk down
there every evening." "Now I have a house on the waterfront, but when I lived inland on
Summerland Key I used to stroll down there everyday. I wouldn't want to deny other
people the ability to do that." "My kids fish off of those rocks."
As stewards of the County owned public lands I ask you to act in the public's best interest
and maintain all of the waterfront access we currently enjoy at the end of 4th St.
Sincere
1, ��
Elizabeth Lustberg
25347 3rd St.
Summerland Key, FL 33042
25347 Third Street
Summerland key, FL 33042
October 15, 2007
County Commissioners
Monroe County
Re:Application of Klimock (aka Klimoch) regarding Fourth Street, Summerland Key, FL
Dear Honorable Sirs and Madam:
I write to object to the proposal of the above noted land owners to have the
County cede to them a portion of Fourth Street, Summerland Key, so that they can erect a
fence to exclude the public from this public ocean access. As you know, public ocean
access on Summerland is very limited, and should be preserved at all costs. The proposal
is extremely offensive and the application should be denied.
I live on Third Street, one street over from Fourth Street, in a home I have owned
for over six years. I personally use, and in the last five years have used, the public water
access points at the ends of Third Street, Fourth Street, and Ocean Avenue for ocean
viewing, quiet contemplation, and fly fishing. I frequently see neighbors using these
locations also, on their evening walks with their children and dogs, and also launching .
small craft like kayaks. I have frequently seen children fishing there also. I bike on the
island regularly, and usually ride to the end of Fourth Street to enjoy the view of Little
Palm, and cool my feet in the water. I have never seen any over night parking, or other
activity on Fourth Street, which could even remotely be construed as offensive to the
adjoining land owner. Clearly, these water access points are intrinsic to and essential for
the historical and present quality and character of the neighborhood. The land owners
adjoining these access points clearly took their properties with full knowledge that they
abutted public water access, and it is ridiculous to think they could simply come to the
County and ask for it to be given to them, for the purpose of excluding their neighbors.
I wish also to say a word about the fence the Klimocks wish to erect. As you may
or may not be aware, before a recent hurricane, there was a rusty, dilapidated, twisted,
eyesore of a chain link fence on the Klimock's property extending into the water. This
fence was never maintained, and continued to deteriorate. The portions of the fence in
and near the water acted as a sieve to restrain debris and garbage from the ocean,
primarily on the Klimock side, so that it piled up, creating a nuisance and eyesore. This
has included tangled fishing line, bottles, plastic bags, dead fish, lobster parts, mats of sea
weed, and other rotting materials. The Klimocks did not keep their fence free of debris,
nor did they maintain it. The old fence, as well as the proposed fence, are outside the
sight line of the Klimock house, so clearly, it was never, and will not in the future, be
something they could be expected to pay attention to or maintain properly. The
application should be denied additionally because of the Klimock's demonstrated past
history of failing to maintain the fence or the areas abutting it. It would also be
environmentally unsound to permit a fence to be erected on or in proximity to the public
access area. Environmental considerations therefore also mitigate against this proposal,
because the fence proposed would impede water flow and act as a catch basin for detritus,
which is not only unsightly, but is malodorous and environmentally unsound.
Thank you for your consideration of these objections.
I respectfully request that the proposal/petition be denied in its entirety.
cerely,
an M. Ferretti
To: Danny Kolhage
Cc: County Commissioners
From: Marie Haymond
Date: October 15, 2007
Subject: PI
1 am writing to register my objection to item PI (road abandonment on 4 s Street,
Summerland Key, Florida) of the Board of County Commissioners meeting of October
17, 2007.
Sincerely,
Marie Haymond
637 East Shore Drive
Summerland Key, Florida
33042
cc: County Commissioners
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A note from:
Michael W. D►allwitz
25338 2nd Street
Sommerland Key, Fl. 33042
October 12, 2007
Ann. Danny Kolhage
Clerk of Court
Key West, Florida
CC: County Commissioners
Via Fax: 305-293-5129
Dear Mr. Kolhage,
My name is Mike Dallwitz, I am a long time resident of Sommerland Key,
Florida, specifically residing at 25338 2nd Street This note is provided to you
and your colleagues for the purpose of expressing my opposition to item P1
on the 10/17,12007 County Commission Agenda. This item will allow the
transfer of County owned waterfront property on 4d' Street in Sommerland
Key, Florida.
in ad*ce for your opposition to this item.
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Danny Molhage, Clerk of Court
500 Whitehead Street
Key West, Fl. 33040
CC: County Commissioners
Regarding ITEM P1 on Agenda for October 171h 2007
Dear Sirs:
Be it noted by you and all in attendance at this meeting that I oppose the motion to
grant, give or make use by a private individual land which now belongs to Monroe
County. Also let it be known my opposition to the giving of land or any other County
possession to any individual for free.
I am also concerned by the fact that this free gift will close public access to the water
at the end of 4`h street This land has been used by a number of residents for many years
without nuisance to abutting properties or their owners. It is land paid for and maintained
by the tax dollars of these people and the rest of the tax payers of Monroe County
It is proper to maintain public access in areas where it already exists. It is a matter of
common sense. Let us give due consideration to the many of Monroe County at this
time.
Thank You
Robert Gay
656 East Shore Drive
Summerland Key, Fl. 33042
From: "George R. Craig" <tridentltdvideo@mac.com>
Subject: item P 1
Date: October 14, 2007 7:42:04 PM EDT
To: casey@Keysdigital.com
To:
Danny Kolhage,Clerk of the Court
cc: Monroe County Commission
Subject: Item P1 on 10/17/07 County Commission agenda.
Please be advised the undersigned property owners and full time residents of Summerland Key
strongly object to limiting full access to the Niles channel end of 4th St.,Summerland Key.
George & Lois Craig
25110 Katherine St.
Summerland Key,FL
33042-4435
305-745-1877
October 15, 2007
Sheila and Bob Reeves
832 E Shore Drive
Summerland Key, FL 33042
To Whom It May Concern
We have just been informed regarding the attempt to close 4' Street to nonresidents of the street.
We have used this as an access to the beach for the last four years that we have lived here. In
fact, it was one of the features used to sell us this home. To limit access could possibly lower
our property value.
My husband, seven -year -old son and I enjoy taking walks down to the beach, climbing the rocks,
examining the sea urchins at a low tide and even occasionally fishing off the rocks. Our cat has
even joined us on occasion for these walks. To deny us access seems unfair and frankly greedy
on the part of the residents since they would be "deeded" the property.
As I said we visit on a regular basis and I have not seen garbage, broken glass or any indications
that it is a "party spot" or hang out that would cause a disruption to the people who live on the
street. Speaking to that, we are talking about limiting access to many to appease a few as there
are very few residents on the street and even fewer who live there full-time. What is their
motivation?
My family and I strongly oppose the closing of 4' street and request that you consider the many
lives in the neighborhood that will be affected if this closure is allowed to happen.
Sincerely,
The Reeves Family
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Gainey Maxwell
774 East Shore Drive
Summerland Key, Florida 33042
(305)745-3099
Board of County Commissioners
Attn: Hon. Danny L. Kolhage
500 Whitehead Street
Key West, Florida 33040
October 15, 2007
In Re: BOCC Agenda 10/17/2007, Item P1
Dear Mr. Kolhage:
I'm writing in objection to Item P1 on the BOCC Agenda on 10/17/2007. 1
object to renouncing and disclaiming the rights to the use of the portion of
Fourth Street "Summerland Beach Addition No. 1, Summerland Key, Monroe
County, Florida as recorded in Plat Book 3, Page 20, of the Public Records
of Monroe County, Florida. The portion of land on Fourth Street is
connected to the only public access to the water (ocean) that the dry lot
homeowners have in this neighborhood. This is a valuable benefit of my
home which makes it a marketable asset as I live on a dry lot.
Please do not pass the adoption of this resolution as this would close off
half of the water access to this Jetty. In return the home on the other side
will probably ask the County Commission to do the same. If this resolution
Passes this would not give me nor my neighbors water access as this is the
only jetty available in the neighborhood. The Jetty (4"' Street) belongs to ALL
Monroe County residents not lust to the houses next to it and it should not be
lust given to them
Si ,
G nMax ell
Cc: Mayor Mario DiGennaro
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
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Gainey Maxwell
774 East Shore Drive
Summerland Key, Florida 33042
(305) 745-3099
Board of County Commissioners
Attn: Hon. Danny L. Kolhage
500 Whitehead Street
Key West, Florida 33040
October 15, 2007
In Re: BOCC Agenda 10/17/2007, Item P1
Dear Mr. Kolhage
I'm writing in objection to Item P1 on the BOCC Agenda on 10/17/2007. 1
object to renouncing and disclaiming the rights to the use of the portion of
Fourth Street "Summerland Beach Addition No. 1, Summerland Key, Monroe
County, Florida as recorded in Plat Book 3, Page 20, of the Public Records
of Monroe County, Florida. The portion of land on Fourth Street is
connected to the only public access to the water (ocean) that the dry lot
homeowners have in this neighborhood. This is a valuable benefit of my
home which makes it a marketable asset as I live on a dry lot.
Please do not pass the adoption of this resolution as this would close off
half of the water access to this Jetty. In return the home on the other side
will probably ask the County Commission to do the same. If this resolution
Passes this would not give me nor my neighbors water access as this is the
only jetty available in the neighborhood. The Jetty (4th Street) belongs to ALL
Monroe County residents not just to the houses next to it and it should not be
just given to them
Sincerely,
G
ell
Cc: Mayor Mario Di Gennaro
Commissioner George Neu®ent
Commissioner Charles McCoy
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
Matthew & Cheryl Alfonso
764 East Shore Drive
Summerland Key, Florida 33042
(305)744-9991
Board of County Commissioners
Attn: Danny L. Kolhage, Clerk of Court
500 Whitehead Street
Key West, Florida 33040
October 16, 2007
In re: Objection to BOCC Agenda Item PI/October 17, 2007
Dear Hon. Kolhage:
I'm writing in objection to the adoption of a Resolution renouncing and
disclaiming any right of the County and the public in and to a portion of Fourth
Street, "Summerland Beach Addition No. 1", Summerland Key, Monroe County,
Florida as recorded in Plat Book 3, Page 20, of the Public Records of Monroe
County, Florida.
This road is the only public access to the water that dry lot homeowners in
our subdivision have. It leads to the rock jetty that serves as a neighborhood park,
where residents like ourselves take our dogs to swim, launch kayaks and just relax.
We are afraid that if this resolution passes, the adjacent homeowner could be
encouraged to seek a similar resolution, thereby giving dry lot residents no access to
the water. Not only would the access be restricted, our property values could suffer.
Fourth Street and the Jetty belong to ALL Monroe County Residents not just
to adjacent homeowner, and it should not be just "given" away.
Sincerely,
C��. �
Matthew Alfonso
Cheryl L. Alfonso
Cc:
Mayor Mario Di Gennaro
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Dixie Spehar
Commissioner Sylvia Murphy
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