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Item O02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/17/07 - KL Division: CountyAttomey'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 St. Croix Place, Tract E Port Largo, A Subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida according to the plat thereof recorded in Plat Book 6 Page 90 of the Public Records of Monroe County, Florida (Key Largo Community Park). ITEM BACKGROUND: The Road Abandonment Petition submitted by County Engineer Dave Koppel on behalf of Monroe County has been reviewed and letters of no obj ection received from staff, the Monroe County Sheriff s Office, utilities and impacted adjacent property owners. 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 November 14, 2007 in Key Largo. 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 November 14, 2007 in Key West, Florida. TOTAL COST: Petitioner Pays COST TO COUNTY: N/A BUDGETED: Yes No SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 2/05 Petitioner County Enguww David Koppel, P.E. For Monroe County BOCC RESOLUTION NO. — 2007 A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF ST. CROIX PLACE, TRACT E PORT LARGO, A SUBDIVISION IN SECTION 33, TOWNSHIP 61 SOUTH, RANGE 39 EAST ON KEY LARGO, MONROE COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 6, PAGE 90, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO COMMUNITY PARK). 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 November 14, 2007 at 3:00 P.M. at the Key Largo Library, Tradewinds Shopping Center,101485 Overseas Highway, Mile Marker 101, Key Largo, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: "Commence at a point located at the Northwesterly corner of Homestead Avenue and Atlantic Boulevard, run S43° 10'00'E for 225.00 feet along the Northeasterly right-of-way of Atlantic Boulevard to the Point of Curvature and the Point of Beginning of the herein described parcel of land. - From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency; thence run N46° 50'00'E for 158.27 feet along the Northwesterly right-of-way of St. Croix Place; thence turn 90 degrees right and run S43° 10'00'E for 50.00 thence run S46° 50'00 "W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard, thence run N43 ° 10'00 "W for 100 feet to the Point of Beginning. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 17`t` day of October, 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 LM Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor Mario DiGennaro MONROE OOuNTY ATTORNEY APP90VUAS T i ?aq",r. A.UTN Date__ _. /Jk4 �, TO OUNTY jo'MNROE KEY WESTFLORIDA 33040 (305) 294-0641 Vffiw of ffw Caud* w&= 502 Wfiffebead Stwee jr&= Jaot Oaice `J3vcc 1026 Weet, 9.0 33041-1026 (305) 292-3470 MEMORANDUM BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tern Diode M. Spehar, District 1 Charles "Sonny" McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 TO: Townsley Schwab, Acting Director, Planning Wally Romero, Fire Marshall's Office Captain Donald Hiller for. Col. Rick Ramsay, MCSO Dave Koppel, County Engineer as Peti 'oner for Monroe County FROM: Kathy Peters for: Suzanne A Hutton, County Attorney RE: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: September 13, 2007 Enclosed please find a copy of the findings and recommendation of Jeffrey Cole, Planner, Monroe County Planning Department, received by this office 9/6/07. To date, this office has received letters of no objection from the Fire Marshal's Office (5/14/07) and the Sheriffs Office (6/29/07). In that letters of no objection have now been received from all staff and, as you know, the County Engineer is the named petitioner on behalf of Monroe County, this office will be seeking approval from the Board at the 10/17/07 BOCC meeting to schedule and advertise a 3:00 p.m. public hearing at the next regularly scheduled BOCC meeting in Key Largo which is scheduled for 11/14/07. Enclosure ,ter MR MEMORANDUM MONROE COUNTY PLANNING &i ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Suzanne Hutton, County Attorney Through: Townsley Schwab, Acting Director of Planning & Environmental Resources 14 Heather Beckmann, Principal Planner Julianne Thomas, Planner RECEIVED From: Jeffrey Cole, Planning Technician Date: August 30, 2007 SEP Q 6 2007 Subject: Requestfor Road Abandonment MONROE COUNTY ATTORNEY Portion of St. Croix Place Right of Way (R.O. W), MM 100, RE# 00453440.000800 1 I REQUEST: 2 3 A. Proposal: Monroe County BOCC via County Engineer David S. Koppel, P.E. has 4 requested the abandonment of a portion (183.27') of St. Croix Place R.O.W. in Port 5 Largo Subdivision, Key Largo, because after construction of additional parking on the 6 North side of the existing St. Croix Place, this section of road will constitute a safety 7 hazard to persons desiring access to the Key Largo Community Park from the new 8 parking lot. The application states that a new road will be constructed from the point of 9 abandonment to Homestead Avenue. Private property along the remaining section of St. 10 Croix Place will still be accessible from both the East and West. 11 12 B. Location: 13 1. Island & Mile Marker: Key Largo Mile Marker 100 14 2. Address/ Common address: St. Croix Place, Key Largo 15 3. Legal Description: A portion of Tract E Port Largo, A Subdivision in 16 Section 33, Township 61 South, Range 39 East on Key Largo, Monroe 17 County, Florida recorded in Plat Book 6 Page 90. 18 4. RE Number: 00453440.000800 19 20 C. Applicant: 21 1. Owner: County of Monroe 22 2. Agent: County Engineer David S. Koppel, P.E. 23 24 II PROCESS: 25 26 The Director of Planning makes a recommendation of approval or denial, to the County 27 Attorney following a review of the road abandonment petition. 28 29 III PRIOR COUNTY ACTIONS: 30 31 Plat Book 6 Page 90 platted this subdivision and St. Croix R.O.W. in 1972. Page i of 4 Reviewed by JT, Ffs \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\Port Largo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 IV V BACKGROUND INFORMATION: A. Size of Road to be Abandoned: 183.27 feet by 50 feet for a total of approximately 9,200 C IW LO REVIEW OF APPLICATION: Figure 1: Location of Property Source: Monroe County GIS & Property Appraiser The Applicant is requesting a Road Abandonment of a portion of St. Croix Place R.O.W. in Port Largo Subdivision, Key Largo. A. Roadway Description; The portion of St. Croix Place referenced above is shown in Plat Book 6, Page 90 of the Monroe County Public Records. The segment in question extends 183.27' northeast from Atlantic Boulevard and the R.O.W. is 50' feet wide. The Lot to the northwest (RE: 00453440.001100) is owned by the Monroe County Board of County Commissioners and the lots to the southeast (RE: 00453474.005900, 00453474.006000 and 00453474.006100) are also owned by Monroe County. The referenced portion is an asphalt road with a concrete sidewalk and landscaped buffer to the southeast and a partially landscaped buffer and vacant lot to the northwest. B. Use of the Road; Page 2 of 4 Reviewed by JT, t-tg \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\Port Largo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe.County BOCC Port Largo.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 The subject segment is currently being used as an access corridor to the existing park's parking lot and as a continuation of the connection via St. Croix Place between Atlantic and Laguna Avenues (yellow hatched area). The applicant states that there will be a new road constructed to connect with Homestead Avenue (blue hatched area). Please note that staff is projecting where this new road will be as no site plan showing the new road has been submitted. Figure 2: Use and Proposed Use of the Road Source: Monroe County GIS & Property Appraiser C. Development Potential; The portion of the St. Croix Place road to be abandoned could be developed as an extension to the parking lot for Key Largo Community Park. Staff notes that there is no definite proposal for the vacant parcels currently owned by Monroe County or this additional property. D. Shoreline Access; The subject road and R.O.W. have no shoreline access. E. Staff Review; A review of the records and an on -site inspection of the property revealed the following: 1. The subject portion of St. Croix Place R.O.W. is an existing asphalt road that provides a direct connection between Atlantic and Laguna Avenues and access to the Key Largo Community Park parking lot from Atlantic Avenue. 2. The petitioner has received letters of no objection to the abandonment of the St. Croix Place R.O.W. from: • Florida Keys Aqueduct Authority • Florida Keys Electric Cooperative (with the provision for a 10 foot wide easement along the northwest side of the area to be abandoned). • BellSouth Telecommunications (with the provision for a 5 foot wide easement along the southeast side of the area to be abandoned). • Comcast Cable • Key Largo Wastewater Treatment District • Surrounding property owner Bank of America, N.A. through Claire Bailey Carraway, Associate General Counsel Page 3 of 4 Reviewed by JT, HS \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\1\4M100\PortLargo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.doc 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 �c J ✓ 36 37 38 39 40 41 42 43 44 45 46 47 3. The petitioner has received one (1) objection letter to the abandonment of the subject portion of St. Croix Place from surrounding property owner, Harold J. Newburn of Key Largo Mini Storage, Inc. Mr. Newburn's property is located at 555 St. Croix Place, northeast of the portion of the R.O.W. to be abandoned (outlined in red). Figure 3: Surrounding Property Owner in Objection Source: Monroe County GIS & Property Appraiser VI RECOMMENDATION: Planning Staff recommends Approval through the Director of Planning & Environmental Resources to the County Attorney to abandon the subject portion of St. Croix Place R.O.W. in Port Largo Subdivision, Key Largo as described. VII PLANS REVIEWED: A. Copy of a Survey of Portion of Road Proposed for Abandonment and Legal Description prepared by Ba nbi Hodges of the Monroe County Engineering Department dated 4/10/07. B. Copy of a Survey and Legal Description prepared by David Massey Land Surveying, Inc. and dated 1-13-04 showing the vacant parcel (RE: 00453440.001100) owned by the Monroe County B.O.C.C. and the portion of the asphalt road to be abandoned (St. Croix Place). C. Copy of a vicinity map showing the Project Location (MM 99.5) and its relationship to U.S. 1; the Atlantic Ocean and Buttonwood Sound. D. Copy of a Warranty Deed dated April 12, 1972 between Kenneth B. & Polly Bassett and Monroe County. E. Copy of a Warranty Deed dated February 25, 2004 between Coconut Grove Bank and the Monroe County B.O.C.C. for the lot (RE: 00453440.001100) to the northwest of the portion of St. Croix Place to be abandoned. Page 4 of 4 Reviewed by JT, Hg \\mc-srv-gml\pub\GROWTH MANAGEMENT\Geo\Upper Keys\099 to 101 Downtown\MM100\PortLargo\St Croix Place\Road Abandonment 00453440.000800\finalSt. Croix Road Abandonment Recomendation Staff Report - Monroe County BOCC Port Largo.doc C UNT'f So�MONROE KEYWESTLORIDA 33040 (305)294-4641 va" of &e G'accnt* wmwe* 502 Whaefimd Awd, Rem 5'aot OfAw Max 1026 NeV Wwt, 9B 33041-1026 (305) 292-3470 MEMORANDUM TO: Aref Joulani, Planning Director Wally Romero, Fire Marshall's Office Captain Donald Hiller, MCSO FROM: Kathy Peters for: Suzanne A Hutton, County Attorney Mayor Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 Charles"Sonny' McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 RE: Road Abandonment. Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: July 23, 2007 Enclosed please find a copy of a Memorandum from County Engineer Koppel received by this office July 17, 2007 for your information. This memorandum will also be made a part of the Road Abandonment Petition Package. We are awaiting the written findings and recommendation of the Planning Department. As you know, this Petition cannot move forward until letters of no objection have been received by all staff. Copies of future findings and recommendations will be forwarded to you upon receipt by this office for your information. Enclosure cc: Petitioner - Dave Koppel, Monroe County Engineer via David Parker, Sr. Administrator, Special Projects f C UNI-YoMON ROE KEY WEST FLORIDA 33040 (305)294-4641 Engineering Division The Historic Gato Cigar Factory noo Simonton Street, Suite 2-216 Key West, Florida 33040 305-292-4426 department 305-295-4321 fax kopp el-dave n m o nroecounty-fl. Gov MEMORANDUM 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 MONROE COUNTY ATTORNEY To: Kathy Peters ev From: Dave Koppel 01 Date: July 13, 2007 Subject: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, County Engineer Kathy, In regard to your memo dated June 26, 2007 concerning Mr. Newburn's objections as stated in his March 3, 2005 letter, we would like to reiterate that we are simply re -aligning the road. One portion of St. Croix Place will be abandoned; another portion of the abandonment petition includes the construction of a new road that will re -connect St. Croix Place to Homestead Avenue. And, as I stated in the "Road Abandonment Petition" dated April 26, 2007: "Private property along the remaining section of St. Croix Place will still be accessible from both the east and the west." This should help mitigate Mr. Newburn's concerns regarding access to properties affected. If you have any other concerns, please let me know. Thank you. C OU Y KEY WESTSoMONROE LORIDA 33040 (305) 234-4641 (9offw 502 Wfigeikad Shred, 362e= goat Vffke `-3ax 1026 34 Went, 5B 33041-1026 (305) 292-3470 uf a !, , �#1' 1►i TO: Petitioner - Dave Koppel, Monroe County Engineer via David Parker, Sr. Administrator, Special Projects FROM: Kathy Peters for: Suzanne A. Hutton, County Attorney BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 Charles "Sonny" McCoy, District 3 George Neugent, District 2 Sylvia Murphy, District 5 RE: Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: June 29, 2007 Enclosed please find a copy of the letter of no objection received from the Monroe County Sheriff's Office dated June 16, 2007 relative to the above -referenced Road Abandonment Petition. As of this date, we are awaiting the written findings and recommendation of the Planning Department. As you now, this Petition cannot move forward until letters of no objection have been received by all staff. Copies of future recommendations will be forwarded upon receipt by this office. Enclosure cc: Wally Romero, Fire Marshall's Office Captain Donald Hiller, MCSO Aref Joulam, Planning Director SUBSTATIONS Freeman Substation Memorandum 20950 Overseas Hwy Cudjoe Key, FL 33042 (305)745-3184 FAX (305) 745-3761 Marathon Substation To- 3103 Overseas Hwy. Marathon, FL 33050 (305)289-2430 FAX (305) 289-2497 Fr: Islamorada Substation 87000 Overseas Hwy. Islamorada, FL 33036 (305)853-7021 FAX (305) 853-9372Date: Roth Building 50 High Point Road Re: Tavernier, FL 33070 (305) 853-321 I _ FAX (305) 853-3205 I was requested to look over a request to abandon part of the roadway located at DETENTION cEN�)?s'"roix Place in KeyLargo. It is opinion that this would not be a hazard for traffic Key West Det. Center g m Y P 5501 College Road in the neighborhood nor will it interfere with the Key Largo Community park traffic Key West, FL 33040 (305)293-7300 FAX (305) 293-7353 Access to the park and private business' on St. Croix Place will still be available from the Laguna Street entrance. There are no obstructions for emergency vehicles and Marathon Det. Facilit 3981 Ocean Terrace ample room to turn theses vehicles around. Marathon, FL 33050 2 FAX (305305) 289-2424 you any Please feel free to contact me if havefurther. FAX ; Kathy Peters for: Susan Hutton, County attorney Captain Donald Hiller Commander, Sector 7 ty,'. Monroe County Sheriffs Office 06/16/07 Monroe County Sherf s Office Richard D. Roth, Sheriff 5525College load Key West, Flo nda 33 04 0 (305) 292-7000 FAX, (305) 292-7070 1-800-273-COPS www.keysso.net Plantation Det. Facility 53 High Point Road Plantation Key, FL 33070 (305)853-3266 FAX (305) 853-3270 Road abandonment petition: a portion of St. Croix Place, Key Largo SPECIAL OPERATIONS P.O. Box 500975 Marathon, FL 33050RECjEj Ely (305)289-2410 FAX (305) 289-2498 tr ptd 1 pi 2 9 2907 AVIATION DIVISION MONRoE COUNTY ATTORN 10100 Overseas Hwy. Marathon, FL 33050 EY (305)289-2777 FAX (305) 289-2776 COMMUNICATIONS 2796 Overseas Hwy. Marathon, FL 33050 (305) 289-2351 FAX (305) 289-2493 h n texie narvs n�awt�eaacommt�ton ' 1 T ROE KEY WEST FI ©RIDA 33o4o (305)294-4641 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63`d St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX '"Scut INTEROFFICE MEMORAND UM DATE: May 14, 2007 a BOLRD QE COUNW CQNN!SSJQmgRS Mayor Mario Di Gennaro, District e Mayor Pro T em Dixie M. Spehar, District 1 George Neugent, District Z Charles"Sonny" McCoy, District 3 Sylvia I Murphy, District 5 TO: Suzanne A. Hutton, Monroe County Attorney f FROM: Arthur "Wally" Romero, Assistant Fire Mars,* SUBJECT: ROAD ABANDONMENT INSPECTION: (A Portion of St. Croix Place, Key Largo) 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: Steve Zavalney, Monroe County Fire Rescue @RoadAbdn/RoadAbdn/mw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE CC OUNTY FLORIDA KEY WEST FLORIDA 33040 (305)294-4641 emm of ffw e"td# ftmm# 502 Wh&Awd Sftee4 JiUm ffl"t V#&e.W" 1026 XW We6t, 52 33041-1026 (305) 292-3470 TO: Aref Joulani, Planning Director Steve Zavalney, Acting Fire Chief Undersheriff Col.Rick Ramsay, MCSO FROM: Kathy Peters for: Suzanne A. Dutton, County Attorney 111114 lOARD OF COUN U COL4N Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District I George Neugent, District 2 Glenn Patton, District 5 Mario DiGennaro, District 4 Road Abandonment Petition Review: A Portion of St. Croix Place, Key Largo (Key Largo Community Park) Petitioner: Dave Koppel, Monroe County Engineer DATE: April 26, 2007 Enclosed please find the above -referenced Road Abandonment Petition filed by Monroe County Engineer Dave Koppel. Please review the enclosed above -referenced Road Abandonment Petition and exhibits received by this office, providing your written findings and recommendation at your earliest convenience. Please review and provide your written findings and recommendation at your earliest convenience. Thank YOU- 1��, I !111 111 � 1 � 1 ' 1 1 1 • Petition: Portion of St. Croix Place, Key Largo, FL Petitioner: Monroe County BOCC via County Engineer David S. Koppel, P.E. C C N TY° KEY WEST FLORIDA 33040 (305)294-4641 of ee of 502 2Alfiadcead Staeet, irkm Jaat (9face X" 1026 Y-v W-t, le 33041-1026 (305) 292-3470 fax (305) 292-3516 BARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Glenn Patton, District 5 Mario DiGennaro, District 4 ROAD ABANDONMENT PETITION DATE SUBMITTED: NAME OF PROPERTY OWNER(S) MONROE COUNTY ATTORNEY (rAryt Cow".4y ADDRESS: ) I o o i ry' a-v- s f- FL- 3 3 0 YO PHONE (H) 0A (W) Y, 9 q;C? (C) E-mail: Kane) ®t�0.'J ��mmroecO0 A J1. o� Fax: 365 Z4.5 — tf3Z 0 AGENT: ROAD/EASEMENT (to be abandoned): 6TO rb )c t &C, e- _ KEY: )✓ r°d 6 Mile Marker: 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'/2" x 11") Description of roadway to be abandoned and survey showing that portion marked with diagonal lines with petitioners' property clearly delineated and outlined, and showing all adjacent properties. (Exhibit B) Map of Key: on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. Petitioner: MOV'roc, Covf%-y Lkj;pviceroo. (Exhibit C) Copies of Dee (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 taxes for the year have been paid on their subject land. (Exhibit D) 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) 'y' Letters of no objection from utility companies including, but not limited to: water, electric, telephone, cable TV and applicable wastewater treatment facility. (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: of Ae eel S� Cro i�c lac c. sacs sc��la�a ®� fie ro a� wi li can,s��u?�e a Sa�'��Y %aa fio ACCeSS to tkL park frog 1,Ae i1W PAr'krL%, /of road �t11 be cros�fvJfJ front °fly Dorn+ of a.bc--ndo" Me^. ft> &Mes�ca� AV CAu e , P11 ft.11LarA;" sec-hvn 64 5)L Crc 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). 2 Petitioner: ,Me r o(I [°] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before met s day of , 20,C)7 Typed Notary Name and Number Notar� Sign, a and 5,y&% ' My commission OOzea►e� a,OY ou� Maria Graziano ®fKdE' Expires February 10, My Commission D02MM V Expires February 10, 2006 PETITIONER [ ] Is personally known to me. [ ] Provided as identification Sworn to and subscribed before me this day of Typed Notary Name and Number Notary Signature and Seal 20 3 Road Abandonment Largo, wj - SURVEY �C�7�C�7�7� G �, --- TO U. S. HWY 1 P.O.C. C3 / PORT LARGO PB5-3 PART OF TRACT E 1 A -40 00, /:=_ := P.C. & P.O.B. h P.T. RIGHT OF WAY TO BE ABANDONED CURVE INFO P.C. RADIUS-25.00 ARC-30.27 P.T. ®ATE: 04/10/07 ST. CROIX PLACE EXHIBIT A ®ESr®Rw LEG.DESG. L KEY RGO, MONROE COUN , FLORI ASCALE: BH/RC R.O.W. ABANDONMENT 111®501-01% v Legal Description for a Portion of St. Croix Place to be Abandoned A portion of Tract E Port Largo, A Subdivision in Section 33, Township T. South, Range 39 East on Key Largo, Monroe County, Florida, according to the plat thereof recorded in Plat Book 6 Page 90 of the Public Records of Monroe County, Florida, more particularly described as 601lows: Commence at a point located at the Northwesterly corner of Homestead Avenue and Atlantic Boulevard, run S43' 10'00"E for 225.00 feet along the Northeasterly right-of-way of Atlantic Boulevard to the Point of Curvature and the Point of Beginning of the herein described parcel of land: From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency; thence run N46' 50'00"E for 158.27 feet along the Northwesterly right-of-way of St. Croix Place; thence turn 90 degrees right and run S43' 10'00"E for 50.00 thence run S46' 50'00"W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard; thence run N43' I 0'00"W for 100 feet to the Point of Beginning. NOTE: The Bearings used for St. Croix Place are in Plat Book 6 page 90, also they are the original ones used in the Warranty Deed (OR 506 p. 497& 498). 1 spoke with David Massey 4/09/07 about the discrepancy in the Bearings that were used for the Survey and the Bearings on the Warranty Deed. The Survey uses P.B. 5 P.3, which has little information on this piece of property. He led me, via the internet, to the adjoining plats, and showed three different sets of Bearings. All of the angles in Port Largo are at Ninety degrees. I used the same Point of Commencement as on the survey, which also states that Port Largo Fourth Addition (P.D. 6 P. 90) is the adjoining property. Prepared by Bambi Hodges Monroe County Engineering Department, Rcvd. in CAY 4/11/07 Y Z i az v g _1 LJ d.;.> i. p)Y o >. 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Box 61 s, Client: Monroe County Land Authority Florida Certificate of Authorization No. LB 6956 Section 33 Township 67 South, Range 39 East I hereby oeQin that the survey hereon as performed under my direct supervision d s true and correct to the best of my knowledge. and belief. This survey meets the reQUirements of Ch 61G17 of the Florida Key Largo Monroe County, Florida Administr Ci�re, Minimum Te nicat Standards for Florida Surveyors and M er.AA ant 472.027. F.S. Surveyed: 1-13-04 Fieldbook No. 99 Drawing No. 6925 Drown By: D.S.M. SCOIe: i" = 50' Davl'd S. Massey, P.S.M. # 5125 Tavernier, Fl. 33070 NOT VALU, WITHOUT THE SIGNATURE AND THE. ORIGINAL RAISED SEA, - OF A FLORIDA LICENSED SURVEYOR AND MAPPER Key Largo, Fll MAP OF KEY s� �W AOdAlV!IV ��ouio . its,-.. �b o . `�t � :< a $ �.„ "` �, ,^;.� ��^E,, � �� ` 4'�<'• ,$6��,N N 5 4 � g`� �' •" �j� �. 30< Vie, �5§.. � .. � . �i4': s ' _.. TE.• ... ��� �. f.s fib. o..'_° � �' /:. I Portion of St. Croix Place, Largo, EXHIBIT C. COPIES OF DEEDS MONROE COUNTY. _ FILE 81 4334S,2 OFFICIAL RECORDS t1K41 9 8 7 PG#936 0 THIS INSTRUMENT PREPARED BY AND RETURN TO: R C D Mar 2 6 2004 LRrry Erskine, Esq. D A N N Y L 0 I, 16 P M 1200 Truman Avenue Suite 207 K O L R A G E, CLERK Key West, Florida S3040 Property Appraisers Parcel Identification (Folio) Number: 00453440-0011000 DEED DOC STAM 190.00 03/26/2004 DEP CLK SPACE ABOVE 7WS LINE FOR RECORDING: DATA THIS WARRANTY DEED, made the 2:51day of February, 2004, by COCONUT GROVE BANK, AS TRUSTEE whose post office address is 2701 South Bayshore Drive, Miami, FL 33133 herein called the grantor, to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, whose post office address is 500 Whitehead Street, Key West; FL 33040, hereinafter called the Grantee: (wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the helps, legal representatives and assigns of individuals, and the successors and assigns ofoorporations) W I T N E S S E T H: That the grantor, for and in consideration of the sum of TEN AND 00/100S (S10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in MONROE County, State of Florida, viz.: SEE EXHIBIT "A", ATTACHED HERETO. Subject to easements, restrictions and reservations of record and taxes for the year 2004 and thereafter. THE PROPERTY CONVEYED HEREIN IS NEITHER THE DOMICILE NOR THE HOMESTEAD OF THE GRANTOR HEREIN NOR HIS/HER SPOUSE NOR ANY OF HIS/HER IMMEDIATE HOUSEHOLD AS DEFINED BY THE LAWS OF THE STATE OF FLORIDA. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2003. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. and delivered in the presence of: Co�roye]Rarustee C'-SEJt�� ®y: ROVICE PRESIDENT AND SENIORTRUs CER Name STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged before me this 15•s'day of February, 2004 by Ronald Frith, who is personally known to me or has produced as identification. `V SEA p1. twwnrti a1y`1{b"-fsiotiExpires: LQGf �my blic p�, ���rarniell,P, Fkv'iercxe Printed Notary Name EXHIBIT C1 File No.: 04007 FILE #1433492 ����qqyyy� yT'qe g B R# 1 9 8 �7 P G# 9' 6 1 L►H151T "A!* A parcel of 1&04 lyint fan Tract "E of FORT LARGO, a subdivision in Section 33, Towuahip 61, $sage 39 E"t on Key Largo, according to the fiat thereof, as recorded In PlatBook S. at Page 3, of the Public Records opt f onroe County, Florida, being more particularly described' as follotW62 Comence at the point of intersection of the Northeasterly prolongation of the Nortbwtstsrly Flight of Way line of homestead Avenue with the Northeasterly Right of Way ,line of Atlantic BOU14vard; theme* run Northeasterly along said prolongation for 218.27 feet to the point of 14ttreection wirh a lies parallel to arA 218.27 fact Northeasterly of, as messureed at right males to the said Northeasterly Right of Way line of Atlantic Soule-urd; thence deflect 90 degrees right and run Swtheasterly gloat said parallel. 24= and the Southvesterly line of Casto Uvelopmtuc Corp. for 50.00 feet to the Point of Beginuiug of the herein described parcel; from said Paint of Begi"Muz. continue Southtasterly along the afoxameotlanad course for 200.00 fact to a point intersecting the Northwesterly Right of Way line of St. Croix Plate; thence deflect 90 datreas right and run $authweatarly sloug said Northwesterly Right oil Wey list* for 210.27 feet; thence dafUct 90 degrees right and run Northwesterly along the Northeastsrly 11m of Atlantic Boulevard for 200.00 foot to a pofAt on the south+eastorly Right of Way line of Rozestead Avemie; thence deflect 90 degrees right and run Northaaatarly along esid proloagati..ou for 2E9_27 feet to the Point of Eegiming. MONROE COUNTY OFFICIAL RECORDS EXHIBIT /,,9,X e CT a_ TRUST NO. 20-078101 LAND TRUST AGREEMENT DEED THIS INDENTURE, made this � day of May, 1995, between COCONUT _GROVE -BANK, Miami, Florida, a banking corporation organized under the laws of the State of Florida, as trustee under the provisions of a deed or deeds in duly recorded and delivered to said company in pursuance of a trust agreement dated the 8th day of December, 1980, and known as Trust Number 751 kna 20-078101, party of the first part, and MONROE COUNTY, a political subdivision of the State of Florida of 500 Whitehead Street, Key West, Florida 33040, party of the second part. WITNESSETH, that said party of the first part, in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, does hereby grant, sell and convey unto said party of the second part, the following described real estate, situated in Monroe County, Florida, to -wit: Lots 312 through 325, and Lots 328 through 384, PORT LARGO, FOURTH ADDITION, according to the Plat thereof, as recorded in Plat Book 6, page 90 of the Public Records of Monroe County, Florida. together with the tenements and appurtenances thereunto belonging. TO HAVE AND TO HOLD the same unto said party of the second part, and to the proper use, benefit and behoof forever of said party of the second part. This deed is executed pursuant to and in the exercise of the power and authority granted to and vested in said trustee by the terms of said deeds or deeds in trust delivered to sa}W trtMtee in pursuance of the trust agreement above menti Eo- his-eed is made subject to the lien of every trust dee tq' mo t a any there be) of record in said count g (if payment of money, and remaining unreleasedglat-ti,tO dabcuoe, the the delivery hereof. U 77 a.aac iaatrGiliQl .Lll accordance wit and assigns shall f ;he REF 7 PA .his=trustees deed,. grantee herein hereby the Property described herein shall be and restrictions as set forth in that recorded in Official. Record _Book 1297, cords of Monroe County, Florida. These ions shall run with the Property herein covenants and restrictions of the Grant y the grantee'or by some third party with antee, fee simple title to the Property be conveyed to the Board of Trustees of Trust Fund of the State of Florida in rant contract without further notice to and assigns, and grantee, its successors 4- ill h J. a- rig t, title and interest in and to herein.< IN WITNESS THEREOF, said party of the first part has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by its Trust Officer and attested by its Vice President, the day and year first above written. COCONUT GROVE BANK As Trustee as Aforesaid Signed, sealed and delivered in the ,presence of: Printed names STATB OF FLORIDA: COUNTY OF DADE- I, an officer, authorized to take acknowle nts of Meds bccording to the laws o€- the State of Florida,, duly qualified and acting herb.,yj certify that {Vice President and trust Officer theCOCONUT GROVE BANK, Miami, Florida, to me personally known this day acknowledged before me that they executed the foregoing Deed as such officers of said company, as Trustee, aforesaid, for the uses and purposes therein set forth; and they affixed thereto the official seal of said company, and an oath was not taken. (Check one) ✓S?aid persons are personally known to me. Said persons provided the following type of identification: Witness my hand and official seal in the County and State last aforesaid this day of May, A.D., 1995. Elm No Public, State 0 Flo 'da row JOHN A. MAGNAGO Notary Public -State of Florida Commission Expires DEC 26. 1995 FMy_ 5 COMM. #CC170574 E"cwnjad in °t#W qq%- , Jr1 Momi a< nw?jv Rewrd wtiga%i DAW7 L K'Xaj&rw, Clerk Gftcaft Court Key Largo, F11 VA 0 1�04' 811161vall LEGAL DESCRIPTION OF PORTION OF ROAD Legal Descri.Lfion for a Portion of St. Croix Place to be Abandoned A portion of Tract E Port Largo, A Subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to the plat thereof recorded in Plat Booli 6 Page 90 of the Public Records of Monroe County, Florida, more particularly described as follows: OTIJMIFWRGRK�� IPITNUNMI REM land: 11 i--,-il,-,Lj�i-e�-Ltutnet,oiriMoeginning--o"iin#eReoreinaescriDectparceiot- From the Point of Beginning, run Southeasterly, Easterly and Northeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency; thence run N46' 50'00"E for 158.27 feet along the Northwesterly right-of-way of St. Croix Place; thence turn 90 degrees right and run S43' 10'00"E for 50.00 thence run S46' 50'00"W for 158.27 feet along the Southeasterly right-of-way of St. Croix Place to a Point of Curvature; thence run Southwesterly, Southerly and Southeasterly along the arc of a curve to the left, with a radius of 25.00 feet for 39.27 feet to a Point of Tangency on the Northeasterly right-of-way of Atlantic Boulevard; thence run N43' I 0'00"W for 100 feet to the Point of Beginning. NOTE: The Bearings used for St. Croix Place are in Plat Book 6 page 90, also they are the original ones used in the Warranty Deed (OR 506 p. 497& 498). 1 spoke with David Massey 4/09/07 about the discrepancy in the Bearings that were used for the Survey and the Bearings on the Warranty Deed. The Survey uses P.B. 5 P.3, which has little information on this piece of property. He led me, via the internet, to the adjoining plats, and showed three different sets of Bearings. All of the angles in Port Largo are at Ninety degrees. I used the same Point of Commencement as on the survey, which also states that Port Largo Fourth Addition (P.B. 6 P. 90) is the adjoining property. Prepared by Bambi Hodges Monroe gounty Ln ineering Dppartment- �?,cvd i�LC. t- -- TO U.S. HWY 1 P.O.G. PORT LARGO P135-3 ` - PART OF TRACT E s� o� '01 P.C. & P.O.B. :: P.T. �►x`° RIGHT OF WAY TO DE ABANDONED CURVE INFO P.C. RADIUS=25.00 ARC=39.27 a P-T- ------------- Road Abandonment Petition: Portion of St. Croix Place, EXHIBIT E. LETTERS OF NO OBJECTION - UTILITIES b, ,a Florida Keys C/ Post Office Box 1239 L 1100 Kennedy Drive Key West, Florida 33041-1239 4� ` Telephone (305) 296-2454 E `f www.fkaa.com ( s.r.... v. March 30, 2005 Judith Steele Monroe County Engineering Department 1100 Simonton Street Room 2-216 Key West, FL 33040 RE: Abandon 183' section of St. Croix Place that is separated by Tract E and Lots 370,371 and 372, Port Largo 4th Addition Key Largo, FL Dear Ms. Steele: Mary L. Rice Chairman ' Marathon J. Robert Dean Vice -Chairman Key West Elena Z. Herrera Secretary/Treasurer Rockland Key Rose M. Dell Big Pine Key David C. Ritz Key Largo James C. Reynolds Executive Director The FKAA Board of Directors approved at the March 24, 2005 meeting, the above referenced project. Pursuant to your request for the abandonment of the above -reference property, Staff has researched your request and have no objection to the abandonment since the FKAA has no facilities in this section of the roadway and has no present or future need of this section. Monroe County is redesigning the entrance to the existing park that occupies the site. Should you have any questions, please do not hesitate to call this office. Sincerely, FLORIDA KEYS AQUEDUCT AUTHORITY Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Bob Feldman, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department FLORIDA KEYS ELECTRIC COOPERA171VE ° ASSOCIATION, INC. - FKEC ' ® 91605 OVERSEAS HIGHWAY P.O. BOX 377, TAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAX: (305) 852-4794 �• •-Fin, 5N7• -- • �'-r, i Judith Steele 11[/ Simonton'o • Kay Weak,, rL 3301-10 ®ear Ms. Steele: This letter is in reply to your Road Abandonment Request received in our office date February 22, 2005. Please be advised that Florida Keys Electric Cooperative Association, Inc. (FKEC), has reviewed the section of the roadway that will be abandoned and the proposed new roadway shown on the figure that you provided and has no objection to the abandonment providing the county gives FKEC a 10'easernentalong the northwestside of St. Croix Place in the area to be abandon. This easement will be used for future overhead or underground electric. Should you have any questions, please feel free to contact me at (305) 852-2431. cc: Tim Planer John M. l sly. 9160.5 OVERSEAS HIGHWAY P.O. BOX 377, IAVERNIER, FL 33070-0377 PHONE (305) 852-2431 FAY.: (305) 852-4794 Monroe County Engineering Division Attn: Judith R. Steele, P. E. 1100 Simonton Street, Room 2-216 Key West, FL 33040 Dear Ms. Steele: REF: UTILITY EASEMENT — ST. CROIX PLACE, KEY LARGO We have enclosed the signed easement agreement for the referenced road. Please send us a copy of the recorded easement for our records. Sincerely, ohn M. Burch, P. E. Director of Engineering cc: Scott Newberry Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esq. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 THIS UTILITY EASEM ENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC — FKEC, MONROE COUNTY, FLORIDA, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add overhead or underground electric systems, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or Vice -Mayor, the day and year first stated above. Easemew (OFFICIAL SEAL) ATTEST: DANNY L. KOLHAGE, CLERK_ Deputy Clerk we] wansiol ZIES) weelow"41 M awe] -,A I pz� M Mayor IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name b , the date and year designated below. (OFFICIAL SEAL) ATTEST: CLERK M IUT FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCATION INC. - FKEC Date: By: Title: SUSAN P. KHLHOFER My COMMISSION # DD 267306 EXPIRES. March 114,20 Thru Public Underwriters �01 "_`NHOE COUNTY —OR A I JVEP AS T JzfN' E,'AA. H1U Tr 'TANT Cj 1-y RNEY EXHIBIT A FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC (FKEC) UTILITY EASEMENT Legal Description of FKEC Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43" 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 250.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10" 00" E for 10.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43' 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 10.00 feet to the Point of Beginning. TO U.S. HWY 1 — P.O.C. P PORT LARGO PB5 PART OF TRACT E 183.27' /01001, op EASEMENT 10' WIDE ,'' s0\ 0 RIGHT OF WAY TO BE ABANDONED • TAW 0 a0, i Jim Yeager Facility Specialist BellSouth 70 Atlantic Dr. Key Largo, Florida 33037 phone: (305) 453-9864 facsimile:( 305) 451-4232 March 14, 2005 File #240.0900 Judith R. Steele Monroe County Engineering 1100 Simonton Street, room 2-216 Key West, FL 33040 Sent via fax 305-292-4321 Re: Right of way abandonment, 183' of St. Croix Pl. Dear Ms. Steele, Bellsouth has reviewed your request for the above right of way abandonment. We have a large copper cable and conduit buried on the East side of St. Croix Pl. from Atlantic Blvd. to Laguna Ave. We have no objection to the right of way abandonment but would like to request an easement for our existing buried facilities. SincL- YeagyP.E7 / Specialist BellSouth Telecommunications, Inc. 9101 S.W. 24 Street Miami, FL 33165 August 11, 2006 Mr. Dave Parker Monroe County - Engineering Dept Room 2-216 1100 Simonton St — Key West, FL 33040 Re: BellSouth Easement Agreement "St Croix Place" Mr. Parker, Please find enclosed easement documents executed by BellSouth as discussed. Please have the agreement executed by the appropriate authority on behalf of Monroe County and record documents to public record. Please return the ink originals or certified copies of the recorded documents to my attention upon receipt from the County Clerks office. Sincere' , Steve Massie, roject Manager N"ork Support - SFL District enclosure cc: Sharon Liebman, Esq Kathy Reed, BellSouth Jim Yeager, BellSouth Utility Easement This instrument prepared by, or under the direction of, Suzanne A. Hutton, Esq. FBN 336122 Office of County Attorney P.O.Box 1026 Key West, Fl. 33041-1026 1 THIS UTILITY EASEMENT is made this day of , 2006, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, Grantor, whose address is 500 Whitehead Street, Key West, Florida 33040, to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, Grantee. WITNESSETH WHEREAS, the Grantor is the owner of a portion of land described in OR 506 page 497, lying in Section 33 Township 61 South, Range 39 East, Monroe County, State of Florida, physical address of St. Croix Place, Key Largo, Monroe County, Florida 33037 (hereinafter "County Property"); and WHEREAS, it is necessary for Grantee to maintain an easement over a segment of the County Property to construct, operate, maintain, add and/or remove such systems of communications, facilities, or related services as the Grantee may from time to time require upon, over and under the County Property; and WHEREAS, it is in the best interest of the public to grant to Grantee a utility easement; NOW THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that the Grantor does grant to Grantee, its successors and assigns, a perpetual and non-exclusive easement on, over and above, and under the above - described County Property for the purpose of ingress, egress, and utility installation and maintenance within said described property, conditioned upon Grantee holding Grantor harmless for the acts and omissions of its officers, employees, agents and contractors, from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe county) and any other losses, damages, and expenses (including attorney's fees) which arise out if, in connection with, or by reason of the Grantee utilizing the property governed by this easement, and upon the condition that Grantee shall maintain suitable Public Liability insurance or be self -insured, in amounts adequate to respond to any and all claims arising out of the activities authorized in this easement, as reflected by the Grantee's acceptance of the conditions below. The following rights are also granted: the right, but not the obligation, to clear the easement and keep it cleared of all trees, undergrowth, or other obstructions; the right, but not the obligation to trim and cut and keep trimmed and cut all dead, weals, leaning or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or systems of communication or power transmission or distribution; and the right to relocate said facilities, systems of communications or related services on said lands to conform to any future highway relocation, widening, or improvements. This Easement across the County Property is more particularly set forth in the Legal Description and diagram on Exhibit "A". A- Utility Easement IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name by its Board of County Commissioners of Monroe County, Florida, acting by its Mayor or - Vice -Mayor, the day and year first stated above. (OFFICIAL SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: — By: "I_ �E3# Deputy Cleric Mayor IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in €di name by ,the date and year designated below:' ` o a m (OFFICIAL SEAL) BELLSOUTH , INC ATTEST: CLERK By: Date: By: Title: Witness: Grantor' Address: Grantee's Address: BellSouth Telecommunications, Inc 301 W. Bav Street Room 15HH1 Jacksonville, FL 32202 TO BE COMPLETED BY BELLSOUTH TELECOMMUNICATIONS INC. Wire Center Authority Drawing Approval Location Plat Number R/W Number Title EXHIBIT A BELLSOUTH UTILITY EASEMENT Legal Description of BellSouth Easement on St. Croix Place A portion of Port Largo Fourth Addition recorded in Plat Book 6 at Page 90, the same being a replat of Tract E. Port Largo, a subdivision in Section 33, Township 61 South, Range 39 East on Key Largo, Monroe County, Florida, according to a plat thereof, recorded in Plat Book 5 at Page 3 of the Public Records of Monroe County, Florida, more particularly described as follows: From the intersection of the Northeasterly prolongation of the Northwesterly side of Homestead Avenue with the Northeasterly side of Atlantic Boulevard, as shown on the said Port Largo plat, run S 43' 10' 00" E along the said Northeasterly side of Atlantic Boulevard for 295.00 feet to the Point of Beginning of the herein described parcel of land; From the said Point of Beginning, run N 46' 50' 00" E for 183.27 feet; thence deflect 90 degrees right and run S 43' 10' 00" E for 5.00 feet; thence run S 46' 50' 00" W 183.27 feet; thence deflect 90 degrees right and run N43° 10' 00" W along the said Northeasterly side of Atlantic Boulevard for 5.00 feet to the Point of Beginning. PORT LARGO P135-3 PART OF TRACT E 183.27' 170, 001, O IQ............ , I RIGHT OF WAY TO BE ABANDONED EASEMENT 5' WIDE DATE: 02/01/06 ST. CROIX PLACE EY LARGO, MONROE COUNTY, FLORIDA UTILITY EASEMENT a 1=�XmTffl 17 PAGE 2 SCALE: 1 91=501-011 OUNTY SO�MONROE Greg Daniels Construction Technician Comeast Cable 1010 Kennedy Drive Suite 200 Key West, FL, 33040 RE: Utility Pole/Road Abandonment St Croix Place Key Largo, FL Mayar charpes .5onny- W-0y, Dist-4Lt 3 Mayor Pro Tee DWe K Speher, Di an I George Neugent, Distict 2 Mario Di Gennaro, Dishict 4 Glenn PaMon, DisMet 5 This letter's intended to acknowledge Conicast's request to be notified at least 60 days prior to any construction that would require the relocation of the Conicast utility pole at the referenced location. In the event construction is scheduled in the vicinity of this utility pole, the Monroe County Engineering Department will advise Conicast of the need to relocate the pole at least 60 days in advance. If you should have any questions or need other information, please do not hesitate to call or e-mail me. David Parker Senior Administrator, Special Projects Monroe County Engineering Dept. Attention: Judy Steel 1100 Simonton Street Room 2-216 Key West, Florida 33040 RE: Road Abandonment St. Croix Place Key Largo, Florida 33037 Dear Ms. Steele: Comcast has no objections to the abandonment of the 183 foot section of St. Croix Place adjacent to the Key Largo Community Park. Comcast does have a utility pole with a down guy located at the corner of Homestead Ave. and Atlantic Blvd. We understand the Key Largo Community Park is going to be expanded and request that if this pole needs to be relocated we be notified at least 60 days in advance. If you have any questions of are in need of further information please contact me at 305-809-1255. Sincerely, r Greg aniels Construction Technician Comcast Cable, Florida Keys Verification of no objection to abandonment of a portion of St. Croix Place, Key Largo, FL by Comcast: r Print Name Signature Title: L Je-cl - Date: 31i-lo�� E illallll fa �llll I�� I IIIII� F � U'll�I M All 1 8�`ap e� Grp K ti if 5`b4�iYYcEri =s al� N Y R , _ -. •Fyn is IM CC OUNITY FLORIDA KEY VIEST FLORIDA 33040 (305)294-4641 n Street, Room 2-216 )rida 33040 E3= Mr. Chuck Fishburn Key largo Wastewater Treatment District P.O. Box Of Key Largo, Florida 33037 Dear Mr. Fighbum: This is to inform you that the Monroe Cou abandon a 1831 foot section of St. Croix Pl, and the new roa Prior to abandot WAKD—QF- —00 U H U Lga- H H Mayor Dine M. Spehar, UsWct I Mayor Pro Tern Chades -Sonny- McCoy, DisVidt 3 George NeUgent, DISMct 2 David P. Rice, District 4 Murray E. Nelson, District 5 Dard of County Commissioners (BOCC) is planning to at is adjacent to the Key Largo Community Park and to lead Avenue. The section of roadway that will be abandoned re. gthe roadway, the BOCC is required to ve rify that the Key Largo Wastewater Treatment 00'P not object 01obilpt t6the abandonment. As confirmation of no objection by KLWTI3, please sign this lettawhereitid!catdd and return :it Monroe County Engineering Department Attn:, Judy Steele 1100 Simonton Street, Room 2-216 Key West, Florida 33040 U you should have any questions, please feel free to contact me at 305-295-4329 or by email at steels Judith emonroccounty-fl.gov. Sincerely, Judith R. Steele, P.E. Senior Administrator, Special Projects WnIE C E Of V E-" MAY I 2z KEY LAARGO VVASTEVVAT�zp, "MEPMOEFINF msTmi- - ICT Page 2 Mr. Fishburn May 6, 2005 Verification of no objection to abandonment of a portion of St. Croix Place, Key Largo, FL by Key Largo Wastewater Treatment District: Print Name Signature Title: A'All A4 6, /L r Date: 7 -( "i - 0 55 St Croix Prate ................... .........z000.oae 000............E........ Key Largo, Florida 33037 (305)451-4111 (305)451-5196 Fax March 3, 2005 Monroe County Engineering Department 1100 Simonton Street, Room 2-216 Key West, Florida 33040 Attention: Judith R. Steele Dear Ms. Steele: I have just received the letter sent out from your office in regards to the abandonment of the 183 foot section of St. Croix Place that is adjacent to the Key Largo Community Park. I am in complete and total disagreement with this plan due to the fact that I am a business owner on St. Croix place and I feel that this unnecessary change will hurt the convenience and access to my place of business and lower the value of my property. Not to mention the safety reasons are just as important, the ambulance is called out to the Jacobs Aquatic Center quite often, they use the south entrance to St. Croix Place. They need to be able to reach this area in the time frame needed to safe a life. This is only to mention one of the many emergency response vehicles that would be affected. I do not feel that this suggestion has been thoroughly thought out and I recommend and request further discussion of this plan before any changes are made. Your prompt response to my request is greatly appreciated and I look forward to hearing from your office at your earliest convenience. Sicerely; k1( Harold . Newburn Portion of Key Largo, F11 LETTERS OF NO OBJECTION - r. it Bankof Amenka Bax& of America Legal Department Dave Parker Senior Administrator, Special Projects Monroe County Engineering Department The Historic Gato Cigar Factory 1100 Simonton Street, Suite 2-216 Key West, Florida 33040 Re: St, Croix Property, Key Largo, Florida Dear Mr. Parker: Bank of America, N.A. -is in receipt of your correspondence with our Property Manager, Jesus Cardonne from CBRE regarding the proposed road abandonment. Since confirming with Jesus Cardonne that the road abandonment will not affect our property, Bank of America has no objection to the abandonment of a portion of St. Croix Place, Key Largo, Florida, as shown on the attached map. If y6u have any questions with the foregoing, please call. Sincerely, 5at4— CotA� Claire Bailey Caffaw!Ny Associate General Counsel 813,225.8173 CBC/pl� cc: Jesus Cardonne, 'CBRE" Jay Demo Tel, 813=8W - Far. W.WWW4 Bwk of America, FU-IMI&a 101 End Kew* MW (MM), PO BOR SM, ThIRM YL &M-8590 Rftr-w PeNz � -11 Q OUNTY go MONROE KEY WEST 1 FLORIDA 33040 (305) 2944641 Monroe County Engineering Department 1100 Simonton Street, Room 2-216 Key West, Florida 33040 (305) 29274426 (305) 292-4321 (fax) October 2nd, 2006 Barnett Bank of Jacksonville NA C/O Burr Wolff LP P. O. Box 2818 Alpharetta, Georgia, 30023 Dear Sir or Madam: BOARD OF COUNTYfl-MMISSIONERS E Mayor Dixie M. Spehar, District 1 Mayor Pro Tern Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. nelson, District 5 This is to inform you that the Monroe County Board of County Commissioners (BOCC) is planning to abandon a 183 foot section of St. Croix Place that is adjacent to the Key Largo Community Park and to construct a new road that will connect to Homestead Avenue. The section of roadway that will be abandoned and the new road are shown on the attached figure. The new road results in your property becoming a corner lot with the potential access on two sides. Prior to abandoning the roadway, the BOCC is required to notify you that access to your property at St. Croix Place will be increased by the proposed work. We have provided three previous notifications without response. Your letter of no objection will allow us to proceed with the project more expeditiously. If you have no objection to the road abandonment as described, please sign where indicated on this letter and return to: Monroe County Engineering Department Attn: Dave Parker 1100 Simonton Street, Room 2-216 Key West, Florida 33040 If we do not receive the Letter of No Objection by Nov 1, 2006, we will proceed with the abandonment petition. If you should have any questions, please feel free to contact me at 305-295-4524 or by email at Parker - David monroecounty-fl. 9ov. Sincerely, David Parker Senior Administrator, Special Projects Attch Sketch of abandonment projeoN