Item Q1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
** PUBLIC HEARING 3:00 P.M. **
Meeting Date: 10/18/06 - KW Department: County Attorney's Office
Bulk Item: Yes _ No X Staff Contact Person: Suzanne 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 First Avenue, Stock Island, as recorded in Plat Book 1, at
Page 55 of the Public Records of Monroe County, Florida and which was previously closed to public
access pursuant to Resolution No. 279-1988.
ITEM BACKGROUND:
In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not
strictly followed and the resolution stated closure, not the traditional language of an abandonment.
During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property
Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be
finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to
Mayor Spehar with details of the history and conclusion that the road was not previously
abandoned.
A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to
abandon a portion of First Avenue, Stock Island, Monroe County, FL, The Petition has been reviewed
and conditionally approved by Engineering (10111105) and the Fire Marshall (12/6/05). Petitioner
provided written documentation of compliance with the conditions set forth by both the Engineer and
the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on
4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent
with Goal 213 c f the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Code. "
PREVIOUS RELEVANT BOCC ACTION:
On July 5, 1988, approved Resolution No. 279-1988 closing road.
On September 20, 2006 approval to advertise and hold Public Hearing 10/18/06 in Key West.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Resolution.
TOTAL COST: Petitioner Pays BUDGETED: Yes No _
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL: 4o�A 244==
A. ,'COUNTY ATTORNEY
DOCUMENTATION: Included X Not Required
DISPOSITION:
AGENDA ITEM # —J
Revised 2/05
Petitioner Boyds Cwnpgromd, Ltd.
RESOLUTION NO. - 2006
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
FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO RESOLUTION NO.279-1988.
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:
PARC1,-L 1: A parcel of land on Stock Island being a portion of the N'ly 112 of
First Avenue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonakFs Plat of Stock Island as recorded in Plat Book 1,
at Page 55 of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also
being the N 1y right of way line of First Avenue and the E'.Iy right of way line of
First Street and run thence E'ly along the N'ly right of way line of the said First
Avenue, for a distance of 24.00 feet to a point, said point being the Point of
Beginning, thence S'ly and at right angles for a distance of 30.00 feet to the
centerline of the said First Avenue; thence E'ly and at right angles along the
centerline of the said First Avenue for a distance of 235.00 feet to the original
shoreline of Boca Chica Channel as shown on said Plat; thence Nly with a
deflection angle of 104°46'15" to the left and along the original shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 feet, more or less, to
the apparent Mean High Water Line of the said Boca Chica Channel. thence
meander W7y and NW'ly along the apparent Mean High Water Line of the said
Boca Chica Channel for a distance of 64 feet, more or less, to the Mly right of
way line of the said First Avenue; thence W'ly and along the Nly right of way line
of the said First Avenue for a distance of 167 feet, more or less, back to the Point
of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly
112 of First Avenue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1,
at Page 55 of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows;
COMMENCE at the NW'ly corner of the said Block 44, said point also
being file S'ly right of way line of First Avenue and the E'ly right of way line of
First Street and run thence E'ly along the S'ly right of way line of the said First
Avenue for a distance of 32.00 feet to B point, said point being the Point of
Beginning, thence Nly and at right angles for a distance of 17.50 feet; thence
W ly and at right angles for a distance of 8.00 feet; thence N'ly and at right
angles for a distance of 12.50 feet to the centerline of the said First Avenue;
thence E'ly and at right angles along the centerline of the said First Avenue for a
distance of 235. 00feet to the original shoreline of Boca Chica Channel as shown
on said Plat; thence S'ly with a deflection angle of 75013'45" to the right and
along the original shoreline of Boca Chica Channel as shown on said Plat for a
distance of 31.03 feet to the S'ly right of way line of the said First A venue; thence
W'iy with a deflection angle 104°46'15" to the right and along the S'ly right of
way line of the said First Avenue for a distance of 234.90 feet back to the Point of
Beginning.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board on the 18h day of October, 2006.
Mayor McCoy
Mayor Pro Tern Spehar
CommissionerNeugent
Commissioner Patton
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
M
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Lo
Mayor Charles "Sonny" McCoy
(KW:RAP: FIRST AVE, STOCK ISLAND 10 18 06)
Petitioner Boyd"s Campground, Ltd.
RESOLUTION NO. 379 -2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED
IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY
CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO. 279-
1988.
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 18, 2006 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:
(Attached as Exhibit A)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of the Board held on the 20th day of September, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
D 1ANNY L.:KOLHAGE, CLERK
Deputy
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BOARD OF COUNTY COMMISSIONERS
OF MONROK COUNTY, FLORIDA
By
Mayor s "Sonny" McCoy
MONROE COUNTY ATTOR I Y
,OAROVED AS TO 0
ZANNE A. U N
EXKMff A
to Resolution No _fig_ m 2006
PARCEL 1: A Parcel of land on Stock Island being a portion of the N'ly 12 of First Avenue, lying between the
E'ly right of way lira; of First Street and the original shoreline of Boca Chica Channel, also lying between
Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page
55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes
and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First
Avenue and the E'ly right of way line of First Street and run thence E'ly along the N7y right of way line of the
said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning; thence S'!y
and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at
right angles along the centerline of the said First Avenuefor a distance of 235.00 feet to the original shoreline
of Boca Chica Chanel as shown on said Plat; thence Nly with a deflection angle of 104046'15" to the left and
along the origmal shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or
less, to the apparent Mean High Water Line of the said Boca Chica Channel; thence meander W'ly and NW'ly
along the apparent Meat High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or
less, to the N7y right of wary line of the said First Avenue, thence W'ly and along the Mly right of way litre of
the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the Sly 112 of First Avenue, lying between the
E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between
Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1, at Page
55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes
and bounds as follows;
COMMENCE at the NW4y corner of the said Block 44, said point also being We S'ly right of way line of First
Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the
said First Avenue for a distance of 32. 00feet to B point, said point being the Point of Beginning; thence N'!y
and at right angles for a distance of 17.50 feet, thence W'ly and at right angles for a distance of 8.00 feet;
thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue; thence
E'ly and at right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the
original shoreline of Boca Chica Channel as shown on said Plat, thence Sly with a deflection angle of
75013'45" to the right and along the original shoreline of Boca Chica Charnel as shown on said Plat for a
distance of 31.03 feet to the S'ly right of way line of the said First A venue; thence W'ly with a deflection angge
104046'15" to the right and along the S'ly right of wary line of the said First Avenuefor a distance of 234. 90 feet
back to the Point of Beginning.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe Coun.
Florida, will hold a public hearing on October 18, 2006 at 3:00 P.M. at the Harvey Governme
Center, 1200 Truman Avenue, Key West, Florida, for the purpose of determining whether,
riot the following streets, alley -ways, roads or highways shall be abandoned:
FARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 1/2 of First Avenu
I
ying between the Fly right of way line of First Street and the original shoreline of Boca Chic
Channel, also lying between Blocks 33 and 44, as shown. on George McDonald's Plat c
Stock Island, as recorded in Plat Book 1, at Page 55 of the Public Records of Monroe. Count
Florida, said parcel being more particularly described by metes and bounds as follows:
COMMENCE at the SIMIy corner of the said Block 33, said point also being the N'ly
right of way line of First Avenue and the Ely right of way line of First Street and run
thence E'ly along the N'ly right of way line of the said First Avenue for a distance of
24.00 feet to a point, said: point being the Point of Beginning; thence Sly and atright
angles fora distance ofSO. 00 feet to the centerline of the sad F IretAvenue,* thence E'ly
and at right angles along the centenine of the said Fast gt:.anue fora disfemre ofwn36
feet to the original shoreline of 00
Boca Chica Channel as shown on said Plat thence Nit
with a deflection angle of 104°46'15"tothe left and along the ongfnal shoreline of Boca
Chica Channel as shown on said Plat for a distance of 20.5 (eat, more or less, to the
apparent MeanMgh Water Line of the said Boca Chloe Ghannat thence meanderW'ly
and NW'I along the apparent Mean Mgh Water Line of the said Baca Chloe Channel for
a distance of 64 feet, more or less, to the N'ly right of way line of the said FltstAvenue:
thence IMIy and along the N'ly right of way Ilne of the said First Avenue for a distance
of 167 feet more or less, back to the Point of B9einnina.
PARCEL 2: A Parcel of land on Stock Island being aportion of the S11y,1/2 of First
Avenue, tying between the E'ly right of wayline of First d beet and the original shoreline
Of Boca Chica Channel, also tying between Blocks 33 and 44, as. shown on Gearge
McDonald's Plat Of Stock Island, as recorded in Plat Book 1, at page 55 of the Public
Records of Monroe County, Florida, said parcel being More particularly described by
metes and bounds as follows;
uuMMENCE at the NW'Iy corner of the said Block 44, said point also being hie Sly
right of way line of First Avenue and the EV right of way line of first Street and run
thence E'ly along'.. the Sly right of way line of the said Fiisf Avenue for a distance of
32.00 fast to BPoint said point being the Point of BegJnellYtg; g`rence N7y andat right
angles fora distance oP 1Y 50 feet'. thence IMlyand atrlghtahglesfora distance of 8.00
fast; thence N'ly andat right angles for a distance of 12,50`Peet Ea the csnterNne o/ the
said First Avenue; thenca IF`ti' end at right angles alongthe, t Of
to the a the sad First
Avenue for a disFengg of 235bR feet to the ' onginaisC pns,{ goog Chloe, Marine,
as shown on aafd;•l.�fah OZ; Sly with a deflection angle: r-a t 1t?'45," to fl1e ri ht
aria along nre x 'L shorel/ne of Boca Chios Channel g
distance o/ 31.03 feet to the Slyrlght of way line bf Nre Sflld , said Plat for a
with a deflecton ant �j F. t once W ly
ge 104'46'15"to the dghtanda/ong_e toltWay line of the
said first Avenue for a dataruw of 2va an r �. �.._,.._ .� _ ;.�-,....:...._ .
ursuant to Sectiop.a6&0105, Florida Statutes, notice lvl io that if s person decided
appeal any d elan matla by the Board with respect tti a4 'mAffsr considered at such
3aringsormeeB' s, hewill ni la record of the,procesdht p,anfJ3hai, for such purpose, he
wt
e testimony and evidence upon wh
ay need to ensure that a �rslbaCi record of the proosodi 00 made, which record Includes
ich the appeal is to baed.
Ited at Key West, Florida, 0qe 20Ih day of September, 20Q6.
FANNY L. KOLHAGE, Clerk,of the ellreutt Court
and ex offlcio Clerk of the Board bfbourfly
Commissioners of Monroe Couny Florida
9 Key West Citizen (Sunday) 0IM6 and (Sunday) 10/1/06 yr %r 'q
C
UNT'YjMONROE
KEYV ROnIDA3
(3031 zaa- l
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
John C. Dent, Jr., Esq.
P.O. Box 3269
Sarasota, FL 34230
Re: Your File No. H08-0433 (First Avenue, Stock Island)
Dear John:
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District I
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
Enclosed please find the most recent correspondence I have sent to the County Mayor. I
think that I clearly explained therein my reasons for opining that the County did not abandon the
road and never intended to do so. Your analysis of §336.12 Florida Statutes is well taken. It does
provide that the act of the Commissioners in closing or abandoning or in renouncing or
disclaiming any rights shall result in title of the owners being released. However, §336.09 uses
the terminology "take, abandon, discontinue and close... and to renounce and disclaim any right
of the county and the public, whether closure is an issue or not, an abandonment clearly requires
that the public hearing, and that appropriate notices be made and filed in the Official Records
with the resolution of abandonment. I have previously relied on §336.02(1)(a) which empowers
the County Commission with general control of county roads whether by establishment, change,
discontinuance, repair or otherwise. With that language and that found in Sections 336.09,
336.10, and 336.12, it would appear that the County has the authority to erect barriers prohibiting
vehicular access without actually having to abandon all interest in a county road. I hope that you
will revisit this issue, especially now that we know that there was never a recording in the Official
Records of the County of Resolution No. 279-1988 along with the concomitant proofs of notice.
Thank you for your attention to this matter.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH/ss
Enc.
CC: Mayor Dixie Spehar
Ervin Higgs, Property Appraiser
C
YSo nTROE
KEY WESx RLORIDA S3oa0
(30'i�294-96C1
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
MEMORANDUM
TO: Mayor Dixie Spehar
Board of County Commissioners
FROM: Suzanne A. Hutton
Assistant County Attorney
DATE: March 28, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehaz, District 1
Mayor Pro Tom Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
This is a follow-up to my memorandum dated March 20, 2003, as a result of some
additional questions which you posed. First, my opinion that Resolution No. 279-1988 closed
and did not abandon First Avenue, Stock Island was based upon the failure to meet all of the
prerequisites of §336.10, Florida Statutes, as discussed in my March 20'h memo. At the time I
wrote my March 20fh memo, I did not feel it was necessary to deal with an interpretation of the
language of the Resolution because the County did not fulfill the statutory requirements for an
abandonment. However, you have questioned whether the intent of the Resolution was to
abandon the road and a clerical error led to the absence of proper filing in the Official Records of
Monroe County. It is my opinion, that there was an intent to close and not abandon the road as
more thoroughly discussed below. I will be sending a copy of this memo, as well as the last, to
John Dent who wrote the September 2, 1999 letter which Mr. Ray brought to your attention. As
previously stated, I do not believe Mr. Dent was provided with full information of the facts, but
relied solely on the language of the Resolution in issuing his September 2, 1999 letter. The
statutory language of §336.12, absent anything else, would indicate that the language which was
used in Resolution No. 279-1988 be construed as an abandonment and not just a closure to
physical vehicular traffic. However, the facts and circumstances indicate otherwise.
In our discussion earlier today, I explained that since I have been doing the road
abandonments, we have always used language that differed from that in Resolution No. 279-1988
whenever we wanted to actually abandon all interest in a public right-of-way. In fact, from my
research, it appears that since at least 1981, the language that the County has used in its
resolutions to effect or cause an abandonment has been the following language:
"That said Board hereby renounces and disclaims any right of the County and the public
in and to the following described street, alley -way, road or highway...." I am providing to you,
as enclosures, a copy of Resolution No. I06-1981 along with the accompanying paperwork which
is sent to the road abandonment petitioner after the completion of the County responsibility and
advising the petitioner of the need for these documents to be recorded in order to clear title to the
right-of-way. Additional documentation is enclosed to show that in 1987 and in 1988 other
abandonments of rights -of -way were accomplished by using the same language, to -wit:
Mayor Dixie Spehar
March 28, 2003
Page Two
Re: First Avenue, Stock Island
"renounces and disclaims any right of the County and the public in and to the following described
road (Res. No. 477-1988)" and "renounces and disclaims any right of the County and the public
in and to the following described streets, alley -ways, roads or highways (Res. No. 270-1987)." I
am attaching with Resolution No. 477-1988 a copy of the letter to the petitioner telling him to file
the proofs of publication of notice (of public hearing and of adoption of Resolution) and a
certified copy of the Resolution with the Clerk of Court. Attached to Resolution 270-1987 is a
similar letter. In both cases, you can see that the petitioner was also provided with the proofs of
publication, but that seemed to be unnecessary paperwork for our purposes.
The language used in Resolution No. 279-1988 is "that the Board hereby closes a portion
of the following described street, alley -way, road or highway...." (Emphasis added.) The
language is distinct from that used in all of those abandonment resolutions where the petitioners
were informed to file copies of the Resolution of Abandonment along with the proofs of notice in
the Official Records of the County. I would add that there is in my file, and a copy is attached, a
copy of a memorandum from Dent Pierce to Captain Brown, then County Administrator,
requesting permission to advertise for road closure. That memo specifies that a request was
received to "close off a section of First Avenue on Stock Island due to severe problems with
illegal dumping, derelict vehicles, drug usage and vagrancy." The memo further goes on to say
that "we would like to block off' a specified section. Also enclosed for your information is a
copy of a memo from then Code Enforcement Administrator to the Public Works Director, Dent
Pierce, stating that Code Enforcement was constantly receiving complaints and asked that the
feasibility of barricading and posting the property be considered.
There is no doubt in my mind from all of the materials just discussed that there was never
any intention to abandon the road, but only to close it to public use due to the dumping and illegal
activities occurring on the property. It is, at least in my mind, absurd to think that the County
should post no trespassing signs on property that it intended to abandon. Since the initiation of
this closure was not from the adjacent property owners but from Code Enforcement asking that
the property be posted by the County, I have no doubt that this was always intended to be a
closure, prohibiting access for the illegal activities which had up to that point taken place on First
Avenue.
Please let me know if you have any further questions.
cc: Ervin Higgs, Property Appraiser
John C. Dent, Jr., Esq.
0OUNTY fo ONROE
lay WEST 0.0NIDN 33W0
(3p5129 4W
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 Fax
MEMORANDUM
TO: Mayor Dixie Spehar
FROM: Suzanne A. Hutton
Assistant County Attomey
DATE: March 20, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COUNTY COMMISSIONERS --
MAYOR Dixie M. Spehar, District I
Mayor Pro Tern, Murray E. Nelson, District 5
George Neugent, District 2
Charles'Sonny" McCoy, District 3
David P. Rice, District 4
You initiated an inquiry about the abandonment of a segment of a platted right-of-way which,
based on the information provided to you, had previously been abandoned. You provided me
with a copy of a sketch showing a perpendicular line creating a segment of First Avenue, which
commenced approximately 50 feet east of the easterly right-of-way line of First Street and
continued to the east. According to Resolution 279-1988, the County closed a portion of First
Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First
Street and continuing approximately 170 feet to the dead end of First Avenue. Your inquiry was
about the remainder of First Avenue, apparently up to the intersection with First Street. In our
conversations, there was discussion about the difference between abandonment vs. closure and
your understanding that the adjacent property owner(s) has (have) been taxed on their parcel with
increased square footage as the result of Resolution 279-1988.
I finally had an opportunity to go to the Property Appraiser's Office and to the County Deed
Records or Official Recordslof Monroe County. Please be advised of the following:
The date that additional land encompassed in the abandonment was added to the tax
rolls has not been conclusively determined. The Property Appraiser's Office staff
with whom I discussed the matter indicated it was possible that it may have been
1988 but could have been 2000 or 2001. They will have to conduct some research to
give me a definitive answer. However, it is my interpretation of the governing
statute that the placement on the tax roll, regardless of time, was in error. According
to my research of the Official Records, there was never any recording
Dixie Spehar
First Ave., Sl
March 20, 2003
Page 2
therein of the Resolution or of the public notices required by §336.10, Florida
Statutes. A difference of opinion already exists as to the effect of the Resolution
language. I wrote a memorandum on June 28, 1994, to Joyce Henson at the Property
Appraiser's Office, stating the road was closed but not abandoned. John Dent,
attorney for the Property Appraiser, has opined that the language used in the
Resolution effected an abandonment of any interest the County had. Regardless of
the interpretations of the Resolution, the State Statutes require that a very specific
procedure be followed in order to accomplish the abandonment or vacation of the
County's (or public's) interest in the platted road. Under §336.10, in order to
accomplish the abandonment of the road, it is required that there be a public hearing,
that there be notice of said hearing published at least two weeks prior to the date of
the hearing in a newspaper of general circulation in the county, a Resolution duly
adopted and entered upon the minutes of the commissioners after such public
hearing, notice of the adoption of the Resolution published at least one time within
30 days after its adoption in a newspaper of general circulation in the county, and
recordation in the County's deed records (Official Records), proof of both
publications, plus the Resolution. The statutory procedure was not followed as the
Resolution and proofs of notice were not recorded in the County's Official Records.
By copy of this memo to the Property Appraiser, I hope that Mr. Dent will revisit
this issue for purposes of the tax roll, because it appears that the materials from
which he rendered his opinion did not disclose that there was no recording in the
official records.
Accordingly, it is my opinion that Resolution 279-1988 did no more than close the road to traffic
and did not result in an abandonment or vacation of the County's (or public's) interest in said
right-of-way. Inasmuch as the absence of recording pursuant to the statute resulted in only
authority to physically close the road to vehicular traffic, it would be inappropriate and contrary
to County policy to abandon the segment of First Avenue adjacent to Lot 20 as it is identified on
the sketch which you provided to me.
If you have any questions, please feel free to call.
cc: Ervin Higgs
COUNTYMONROE
KEY WEST FLORIDA 330<0
(30512saJ8at
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 -Phone
305/292-3516 -Fax
MEMORANDUM
TO: Mayor Dixie Spehar
FROM: Suzanne A. Hutton
Assistant County Attorney
DATE: April 28, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehar, District 1
Mayor Pro Tern, Murray E. Nelson, Disgict 5
George Neugent, District 2
Charles "Sonny' McCoy, District 3
David P. Rice, District 4
This memo continues the saga of First Avenue, Stock Island, as previously addressed in my
memorandums dated March 20 and March 28, 2003. Please be advised that the Property
Appraiser's legal counsel sent to Mr. Higgs on April 11, 2003, a letter revising his prior opinion
based on facts of which he had not been previously informed. As a result of his being made
aware of the additional facts, he has concluded that First Avenue was not abandoned. As a result
of a telephone conversation with Sharon Gonzalez in Mr. Higg's office, I am advised that the
property owners affected will be sent information as to how to obtain refunds of the tax paid on
the portion of First Avenue on which they have formerly been taxed. For your information, I
was also advised that one of the affected property owners has only been taxed since the year
2001 and the other has been taxed since the year 2000.
Since the road has not been abandoned and the County has an interest in retaining jurisdiction
over it, I would anticipate that any petition for road abandonment by Mr. Ray would be fruitless.
The Engineering Department has already indicated to me that the County has a substantial reason
for retaining the road. That reason would probably result in both the Growth Management and
Engineering recommendations that the County not approve any road abandonment petition for
any part of First Avenue to the east of First Street.
If you have any questions, please feel free to call.
APr-11 NO1?A8N
No.2064 P. 2
D&A .
An tore AY Lm
DENT & ASSOCIATES. P.A
P.O. Sox 3259 • SAaAwrA, FLORIDA 34230
JoHN C. D.NT, JR.
SHeRR( L. JoHMM E-MNLADDA : JDW)@DEN'rASS0C1AMI,C0M
Joe D. OMIU
MLcneu SAN
&cHAM A. MILLI&
OR COMISL
April 11, 2003
VIA FACSIMILE — (305) 292-3501
Ervin A, Biggs, CFA, CRA
Monroe County Property
Appraiser's Office
500 Whitehead Street
Key West, Florida 33040
Re: County Road — First Avenue, Stock Island
Dear Erv;
I have received further correspondence from Suzanne Hutton, Assistant County Attorney,
with reference to the above issue regarding the purported closing a portion of a road on Stock
Island. The statute regarding closing and abandonment of roads provides in §336.10, Fla, Stat.,
that notice of a proposed public hearing to effect closing or abandoning of roads is required to be
published in a newspaper one time at least two weeks prior to the date scheduled for the hearing.
Following the hearing a notice of the adoption of resolution by the commissioners is again to be
published within 30 daya following the adoption. Thereafter, the a proof of publication of the
notice of the hearing, the resolution, and the proof of publication of adoption are required to be
recorded in the public records of the county.
According to the documentation I have received it appears that the appropriate notice for
the hearing of the resolution to "close" this portion of First Avenue in Stock Island was
accomplished, I have also received a copy of resolution 279-1988 closing part of First Avenue.
I have not been provided a notice of adoption of the resolution and appears from Suzanne's
memo there never was one and it appears that the requisite recording of the appropriate
documents in the public records never occurred.
Generally, when a notice that is mandated by the word "shall," indicates failure to do so
renders any action void. State v. Shields, 140 So.2d 144 (Fla. 1st DCA 1962). Further, there
also is mandatory language of recording the various documents in the public records which
apparently has not occurred an act also which would render the process void, If the second
notice was not published and the documents not recorded then that would alter my previous
350 5. ORANGS APRNOR • SARAIM. FLORMA 54336
(94D 952.10)0 • FACIDUU M4D 952.1094
TtECEI ED MAY 1. 3� 03
Acr.II '_007 I`^:419Di' Gio.'064 P, 3
Ervin A. Higgs, CFA, CRA
April 11, 2003
Page 2
opinion which was based purely on the interpretation of the resolution and its effect, not the
procedural requirements. It should be noted that I have not searched the public records myself
nor made an attempt to determine whether or not there was the second publication of the
adoption of the resolution. For these, I am assuming the accuracy of Suzanne or other county
employees who may have researched the matter.
If you have further questions regarding this matter, please feel free to call me.
ncere�. ,
J C. Dent, Jr.
JCD/eb
NAN08.0433\Opinion Lettaa\Ur-Higea-Opinion County Authority Over County Roads 041003.dm
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
* * PUBLIC HEARING 3:00 P.M.
Meeting Date: 10/18/06 - KW Department: County Attorney's Office
Bulk Item: Yes No X Staff Contact Person: Suzanne 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 First Avenue, Stock Island, as recorded in Plat Book 1, at
Page 55 of the Public Records of Monroe County, Florida and which was previously closed to public
access pursuant to Resolution No. 279-1988.
ITEM BACKGROUND:
In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not
strictly followed and the resolution stated closure, not the traditional language of an abandonment.
During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property
Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be
finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to
Mayor Spehar with details of the history and conclusion that the road was not previously
abandoned.
A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to
abandon a portion of First Avenue, Stock Island, Monroe County, FL. The Petition has been reviewed
and conditionally approved by Engineering (10/11/05) and the Fire Marshall (12/6/05). Petitioner
provided written documentation of compliance with the conditions set forth by both the Engineer and
the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on
4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent
with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Co,*. "
PREVIOUS RELEVANT BOCC ACTION:
On July 5, 1988, approved Resolution No. 279-1988 closing road.
On September 20, 2006 approval to advertise and hold Public Hearing 10/18/06 in Key West.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval of Resolution.
TOTAL COST: Petitioner Pays BUDGETED: Yes No _
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
A. HbTT6R'C`6NTY ATTORNEY
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 2/05
AGENDA ITEM #
Petitioner Boy& Campground, Ltd
RESOLUTION NO. - 2006
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
FIRST AVENUE, STOCK ISLAND, AS RECORDED IN PLAT BOOK 1,
AT PAGE 55 OF THE PUBLIC RECORDS OF MONROE COUNTY,
FLORIDA AND WHICH WAS PREVIOUSLY CLOSED TO PUBLIC
ACCESS PURSUANT TO RESOLUTION NO.279-1988.
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:
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly I/2 of
First Avenue, lying between the E'ly right of way line of First Street and the
original shoreline of Boca Chica Channel, also lying between Blocks 33 and 44,
as shown on George McDonald's Plat of Stock Island as recorded in Plat Book 1,
at Page 55 of the Public Records of Monroe County, Florida, said parcel being
more particularly described by metes and bounds as follows:
COh&NCE at the SW'ly corner of the said Block 33, said point also
being the N'ly right of way line of First Avenue and the E'Jy right of way line of
First Street and run thence E'ly along the Mly right of way line of the said First
Avenue for a distance of 24.00 feet to a point, said point being the Point of
Beginning; thence S'ly and at right angles for a distance of 30.00 feet to the
centerline of the said First Avenue; thence E'ly and at right angles along the
centerline of the said First Avenue for a distance of 235.00 feet to the original
�.wrurnaarvrrcuvcugcnr
Commissioner Patton
Commissioner DiGennaro
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
Deputy Clerk
(KW:RAP: FIRST AVE, STOCK ISLAND 10 18 06)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Charles "Sonny" McCoy
Petitioner Boyd's Campground, Ltd.
RESOLUTION NO. 379 -2006
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A
PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT
OF A PORTION OF FIRST AVENUE, STOCK ISLAND, AS RECORDED
IN PLAT BOOK 1, AT PAGE 55 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA AND WHICH WAS PREVIOUSLY
CLOSED TO PUBLIC ACCESS PURSUANT TO RESOLUTION NO. 279-
1988.
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 18, 2006 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:
(Attached as Exhibit A)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of the Board held on the 20th day of September, 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Glenn Patton
Commissioner Mario DiGennaro
(SVAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By0b. Q . W-CIVAI1�
Deputy Clerk
3
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M
Yes
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Yes
rn
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-
Yes
M?-�
C 3
Absent
Yes
::; r; r -
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7-Tj
W
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
_ h
, Mayor s "Sonny" McCoy
MONME COUNTY ATTOR Y
ABODOVE10) AS TO 0
ZANNE A. U N
CQU of
EXHIBIT A
to Resolution No. 379 - 2006
PARCEL 1: A Parcel of land on Stock Island being a portion of the N'ly 112 of First Avenue, lying between the
E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between
Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat Book 1, at Page
55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes
and bounds as follows:
COMMENCE at the SW'ly corner of the said Block 33, said point also being the N'ly right of way line of First
Avenue and the E'Jy right of way line of First Street and run thence E'ly along the Mly right of way line of the
said First Avenue for a distance of 24.00 feet to a point, said point being the Point of Beginning, thence S'ly
and at right angles for a distance of 30.00 feet to the centerline of the said First Avenue; thence E'ly and at
right angles along the centerline of the said First Avenue for a distance of 235.00 feet to the original shoreline
of Boca Chica Channel as shown on said Plat, thence N'ly with a deflection angle of 104°46'15" to the left and
along the original shoreline of Boca Chica Channel as shown on said Plat for a distance of 20.5 feet, more or
less, to the apparent Mean High Water Line of the said Boca Chica Channel, thence meander W'ly and NW'ly
along the apparent Mean High Water Line of the said Boca Chica Channel for a distance of 64 feet, more or
less, to the N7y right of way line of the said First Avenue; thence W'ly and along the N'ly right of way line of
the said First Avenue for a distance of 167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 112 of First Avenue, lying between the
E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying between
Blocks 33 and 44, as shown on George McDonaldl's Plat of Stock Island as recorded in Plat Book 1, at Page
55 of the Public Records of Monroe County, Florida, said parcel being more particularly described by metes
and bounds as follows;
COAIA&NCE at the NW'ly corner of the said Block 44, said point also being tile S'ly right of way line of First
Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way line of the
said First Avenue for a distance of 32.00 feet to B point, said point being the Point of Beginning; thence N'ly
and at right angles for a distance of 17.50 feet; thence W'1y and at right angles for a distance of & 00 feet;
thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the said First Avenue, thence
E'ly and at right angles along the centerline of the said First Avenue for a dllstance of 235.00 feet to the
original shoreline of Boca Chica Channel as shown on said Plat; thence S'ly with a deflection angle of
75° 13'45" to the right and along the original shoreline of Boca Chica Channel as shown on said Plat for a
distance of 31.03 feet to the S'ly right of wary line of the said First A venue; thence W ly with a deflection angge
104°46'15" to the right and along the S'ly right of way line of the said First Avenue for a distance of 234.90 feet
back to the Point of Beginning.
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/20/06 - MAR
Bulk Item: Yes X No
Division: County Attorney's Office
Staff Contact Person: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of Resolution setting date, time and place for a public hearing concerning the proposed
abandonment of a portion of First Avenue, Stock Island, Monroe County, Florida which was previously
closed to public access by the BOCC in 1988.
ITEM BACKGROUND:
In 1988 the BOCC closed the road to public access. The statutory process for abandonment was not
strictly followed and the resolution stated closure, not the traditional language of an abandonment.
During the years 1988 through 1993, and 2001 and 2002, the property was treated by the Property
Appraiser's office as if it were abandoned. Counsel for adjacent owners has requested that the road be
finally abandoned. See in attached back-up the March 28, 2003 and March 20, 2003 memos to
Mayor Spehar with details of the history and conclusion that the road was not previously
abandoned.
A Road Abandonment Petition was filed by Boyd's Campground on October 5, 2005 seeking to
abandon a portion of First Avenue, Stock Island, Monroe County, FL. The Petition has been reviewed
and conditionally approved by Engineering (10/11/05) and the Fire Marshall (12/6/05). Petitioner
provided written documentation of compliance with the conditions set forth by both the Engineer and
the Fire Marshall (3/22/06). Petition has been reviewed and denied by the Planning Department on
4/26/06 based on the following: "The road terminates on a body of water, and thereby is not consistent
with Goal 213 of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Code. "
PREVIOUS RELEVANT BOCC ACTION:
On July 5, 1988, approved Resolution No. 279-1988 closing road.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Adoption of Resolution setting one public hearing for 3:00 p.m. on OCTOBER 18, 2006 in Key
West, Florida.
TOTAL COST: Petitioner Pays BUDGETED: Yes No _
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty _ OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL:
A. IfINTON, COUNTY ATTORNEY
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
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 18, 2006 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:
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly 112 of First Avenue, lying between
the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying
between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat
Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly
described by metes and bounds as follows:
COMMENCE at the SW7y corner of the said Block 33, said point also being the N'ly right of way line of
First Avenue and the EJy right of way line of First Street and run thence E'ly along the N'ly right of way
line of the said First Avenue for a distance of 24.00 feet to a point, said point being the Point of
Beginning, thence S'ly and at right angles for a distance of 30.00 feet to the centerline of the said First
Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a distance of
235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat, thence N'ly with a
deflection angle of 104°46'15" to the left and along the original shoreline of Boca Chica Channel as
shown on said Plat for a distance of 20.5 feet more or less, to the apparent Mean High Water Line of the
said Boca Chica Channel; thence meander W'ly and NW'1 along the apparent Mean High Water Line of
the said Boca Chica Channel for a distance of 64 feet, more or less, to the N'ly right of way line of the said
First Avenue; thence W'ly and along the N'ly right of way line of the said First Avenue for a distance of
167 feet, more or less, back to the Point of Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly 112 of FirstAvenue, lying between
the E'ly right of way line of First Street and the original shoreline of Boca Chica Channel, also lying
between Blocks 33 and 44, as shown on George McDonald's Plat of Stock Island, as recorded in Plat
Book 1, at Page 55 of the Public Records of Monroe County, Florida, said parcel being more particularly
described by metes and bounds as follows;
COMMENCE at the NW'ly corner of the said Block 44, said point also being file S'ly right of way line of
First Avenue and the E'ly right of way line of First Street and run thence E'ly along the S'ly right of way
line of the said First Avenue for a distance of 32.00 feet to B point, said point being the Point of
Beginning, thence N'ly and at right angles for a distance of 17.50 feet,- thence W'ly and at right angles for
a distance of 8. 00 feet, thence N'ly and at right angles for a distance of 12.50 feet to the centerline of the
said First Avenue; thence E'ly and at right angles along the centerline of the said First Avenue for a
distance of 235.00 feet to the original shoreline of Boca Chica Channel as shown on said Plat; thence S'ly
with a deflection angle of 75113'45" to the right and along the original shoreline of Boca Chica Channel
as shown on said Plat for a distance of 31.03 feet to the S'ly right of way line of the said First A venue;
thence W'ly with a deflection anlge 104°46'15" to the right and along the S'ly right of way line of the said
First Avenue for a distance of 234.90 feet back to the Point of Beginning.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a
record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Dated at Key West, Florida, this 20th day of September, 2006.
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 Key West Citizen (Sunday) 9/24/06
i
° � ������� /\
%/\� � _ ~. � , �� x
'4
sAy / C S
MONROE COUNTY PROPERTY APPRAISER
COUNTY COURTHOUSE
P.O. BOX 1176
KEY WEST, FLORIDA 33041
PHONE (305) 292-3420
ERVIN A. HIGGS, C.F.A.-CRA
May 13, 2003
Edward T. Woodson, Jr.
14041 E. Radcliff Circle
Aurora, CO 80015
RE: Closed portion of First Avenue
Dear Mr. Woodson:
After recent inquiries on the above referenced we've asked our attorney for his legal opinion as to how
the tax roll should be carried concerning that portion of First Avenue. A copy of his opinion is enclosed
herewith for your review.
Please be advised that for the 1988 thru 1993, 2001 & 2002 you were being assessed for that portion of
the closed First Avenue. We have corrected our records and will no longer be assessing that portion of
First Avenue with your parcel.
You may contact the Monroe County Tax Collector's Office to request a refund of the portion of taxes
that were paid concerning First Avenue for the tax years 2001 & 2002. Unfortunately the time frame has
elapsed for prior years.
If you have any questions or if I may be of any assistance to you, please feel free to call upon our office
for assistance.
Very Truly Yours,
ERVIN A. HIGGS, C.F.A.-CRA
MONROE COUNTY PROPERTY APPRAISER
By: cy" —,b/ - "d,
Lynn" . Garcia, Deputy Clerk
Real Estate Department
Enclosure
Cc: Suzanne Hutton, County Attorney
EAH11mg
RECEIVED MAY 13 2003
aiq�
MEMBER
PROFESSIONAL APPRAISERS ASSOCIATION OF FLORIDA
FLORIDA ASSOCIATION OF PROPERTY APPRAISERS — INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
NATIONAL ASSOCIATION OF REVIEW APPRAISERS
CFA
MONROE COUNTY PROPERTY APPRAISER
COUNTY COURTHOUSE
P.O. BOX 1176
KEY WEST, FLORIDA 33041
PHONE (305) 292-3420
ERVIN A. HIGGS, C.F.A.-CRA
May 13, 2003
Boyd's Campground Ltd.
6401 Maloney Ave.
Key West, FL 33040
RE: Closed portion of First Avenue
Dear Mr. Boyd:
After recent inquiries on the above referenced we've asked our attorney for his legal opinion as to how
the tax roll should be carried concerning that portion of First Avenue. A copy of his opinion is enclosed
herewith for your review.
Please be advised that for the 1988 thru 1993, 2001 & 2002 you were being assessed for that portion of
the closed First Avenue. We have corrected our records and will no longer be assessing that portion of
First Avenue with your parcel.
You may contact the Monroe County Tax Collector's Office to request a refund of the portion of taxes
that were paid concerning First Avenue for the tax years 2001 & 2002. Unfortunately the time frame has
elapsed for prior years.
If you have any questions or if I may be of any assistance to you, please feel free to call upon our office
for assistance.
Very Truly Yours,
ERVIN A. HIGGS, C.F.A.-CRA
MONROE COUNTY PROPERTY APPRAISER
By:CZ2:�.
Ly M. Garcia, Deputy Clerk
Real Estate Department
Enclosure
Cc: Suzanne Hutton, County Attorney
EAH/lmg
RECEIVED MAY 1. 3 2001
0�eqy
MEMBER
PROFESSIONAL APPRAISERS ASSOCIATION OF FLORIDA
FLORIDA ASSOCIATION OF PROPERTY APPRAISERS — INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
NATIONAL ASSOCIATION OF REVIEW APPRAISERS
AUr•II• ZUUS IZ:4tlFM
iNVZU04 F. Z
��&A.
Ar=Nm Ai L"
DENT & ASSOCIATES, P.A.
P.O. Box 32" • SARASOTA, FLot1DA 34230
)owl C. DaNr, JR.
IHIRRI L. jommom E-IMAILADDRF85: JDENI'@DEh'rASSOCIAT S.C.OM
J. D. pW0166
MICHELE sANM
RICKARD A. Mum
01 COUNSEL
April 11, 2003
VIA FACSIMILE — (305) 292-3501
Ervin A. Higgs, CFA, CRA
Monroe County Property
Appraiser's Office
500 Whitehead Street
Key West, Florida 33040
Re: County Road — First Avenue, Stock Island
Dear Erv;
I have received further correspondence from Suzanne Hutton, Assistant County Attorney,
with reference to the above issue regarding the purported closing a portion of a road on Stock
Island. The statute regarding closing and abandonment of roads provides in §336.10, Fla, Stat.,
that notice of a proposed public hearing to effect closing or abandoning of roads is required to be
published in a newspaper one time at least two weeks prior to the date scheduled for the hearing.
Following the hearing a notice of the adoption of resolution by the commissioners is again to be
published within 30 days following the adoption. Thereafter, the a proof of publication of the
notice of the hearing, the resolution, and the proof of publication of adoption are required to be
recorded in the public records of the county.
According to the documentation I have received it appears that the appropriate notice for
the hearing of the resolution to "close" this portion of First Avenue in Stock Island was
accomplished. I have also received a copy of resolution 279-1988 closing part of First Avenue.
I have not been provided a notice of adoption of the resolution and appears from Suzanne's
memo there never was one and it appears that the requisite recording of the appropriate
documents in the public records never occurred.
Generally, when a notice that is mandated by the word "shall," indicates failure to do so
renders any action void. State v. Shields, 140 So.2d 144 (Fla. 1st DCA 1962). Further, there
also is mandatory language of recording the various documents in the public records which
apparently has not occurred an act also which would render the process void. If the second
notice was not published and the documents not recorded then that would alter my previous
330 S. ORANGE AVENUE . SARASM, PWRW 34234
(941) 952.10l0 • FAcuuU MD 952.1094
RECEIVED AIRY 13 2flo3.
Ervin A. Higgs, CFA, CRA
April 11, 2003
Page 2
opinion which was based purely on the interpretation of the resolution and its effect, not the
procedural requirements. It should be noted that I have not searched the public records myself
nor made an attempt to determine whether or not there was the second publication of the
adoption of the resolution. For these, I am assuming the accuracy of Suzanne or other county
employees who may have researched the matter.
If you have further questions regarding this matter, please feel free to call me.
ncerel ,
J C. Dent, Jr.
JCD/eb
N:MS-04WOpinion LetteroV.tr-Higgs-Opinion County Authority Over County Roods 041003.doc
cc�m;y-
io.:M'T
ROE
33040
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516- Fax
G
MEMORANDUM
TO: Mayor Dixie Spehar
FROM: Suzanne A. Hutton
Assistant County Attorney
DATE: April 28, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COVNTY COMMISSIONERS
MAYOR Dixie M. 5pehar, District 1
Mayor Pro Tem, Murray E. Nelson, NsUict 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
This memo continues the saga of First Avenue, Stock Island, as previously addressed in my
memorandums dated March 20 and March 28, 2003. Please be advised that the Property
Appraiser's legal counsel sent to Mr. Higgs on April 11, 2003, a letter revising his prior opinion
based on facts of which he had not been previously informed. As a result of his being made
aware of the additional facts, he has concluded that First Avenue was not abandoned. As a result
of a telephone conversation with Sharon Gonzalez in Mr. Higg's office, I am advised that the
property owners affected will be sent information as to how to obtain refunds of the tax paid on
the portion of First Avenue on which they have formerly been taxed. For your information, I
was also advised that one of the affected property owners has only been taxed since the year
2001 and the other has been taxed since the year 2000.
Since the road has not been abandoned and the County has an interest in retaining jurisdiction
over it, I would anticipate that any petition for road abandonment by Mr. Ray would be fruitless.
The Engineering Department has already indicated to me that the County has a substantial reason
for retaining the road. That reason would probably result in both the Growth Management and
Engineering recommendations that the County not approve any road abandonment petition for
any part of First Avenue to the east of First Street.
If you have any questions, please feel free to call.
Co
UNTYSonNROE
KEYWESTDA MM
(M5) 2s4-4s41
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
John C. Dent, Jr., Esq.
P.O. Box 3269
Sarasota, FL 34230
Re: Your File No. H08-0433 (First Avenue, Stock Island)
Dear John:
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
Enclosed please find the most recent correspondence I have sent to the County Mayor. I
think that I clearly explained therein my reasons for opining that the County did not abandon the
road and never intended to do so. Your analysis of §336.12 Florida Statutes is well taken. It does
provide that the act of the Commissioners in closing or abandoning or in renouncing or
disclaiming any rights shall result in title of the owners being released. However, §336.09 uses
the terminology "take, abandon, discontinue and close... and to renounce and disclaim any right
of the county and the public, whether closure is an issue or not, an abandonment clearly requires
that the public hearing, and that appropriate notices be made and filed in the Official Records
with the resolution of abandonment. I have previously relied on §336.02(1)(a) which empowers
the County Commission with general control of county roads whether by establishment, change,
discontinuance, repair or otherwise. With that language and that found in Sections 336.09,
336.10, and 336.12, it would appear that the County has the authority to erect barriers prohibiting
vehicular access without actually having to abandon all interest in a county road. I hope that you
will revisit this issue, especially now that we know that there was never a recording in the Official
Records of the County of Resolution No. 279-1988 along with the concomitant proofs of notice.
Thank you for your attention to this matter.
Sincerely,
Suzanne A. Hutton
Assistant County Attorney
SAH/ss
Enc.
CC: Mayor Dixie Spehar
Ervin Higgs, Property Appraiser
CC
UKEY NTYSO�LqNROE
WESTDA 33040
(305)294-4941
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516 - Fax
MEMORANDUM
TO: Mayor Dixie Spehar
Board of County Commissioners
FROM: Suzanne A. Hutton 1
��X
Assistant County Attorney
DATE: March 28, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District I
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
This is a follow-up to my memorandum dated March 20, 2003, as a result of some
additional questions which you posed. First, my opinion that Resolution No. 279-1988 closed
and did not abandon First Avenue, Stock Island was based upon the failure to meet all of the
prerequisites of §336.10, Florida Statutes, as discussed in my March 20'h memo. At the time I
wrote my March 20'h memo, I did not feel it was necessary to deal with an interpretation of the
language of the Resolution because the County did not fulfill the statutory requirements for an
abandonment. However, you have questioned whether the intent of the Resolution was to
abandon the road and a clerical error led to the absence of proper filing in the Official Records of
Monroe County. It is my opinion, that there was an intent to close and not abandon the road as
more thoroughly discussed below. I will be sending a copy of this memo, as well as the last, to
John Dent who wrote the September 2, 1999 letter which Mr. Ray brought to your attention. As
previously stated, I do not believe Mr. Dent was provided with full information of the facts, but
relied solely on the language of the Resolution in issuing his September 2, 1999 letter. The
statutory language of §336.12, absent anything else, would indicate that the language which was
used in Resolution No. 279-1988 be construed as an abandonment and not just a closure to
physical vehicular traffic. However, the facts and circumstances indicate otherwise.
In our discussion earlier today, I explained that since I have been doing the road
abandonments, we have always used language that differed from that in Resolution No. 279-1988
whenever we wanted to actually abandon all interest in a public right-of-way. In fact, from my
research, it appears that since at least 1981, the language that the County has used in its
resolutions to effect or cause an abandonment has been the following language:
"That said Board hereby renounces and disclaims any right of the County and the public
in and to the following described street, alley -way, road or highway...." I am providing to you,
- as enclosures, a copy of Resolution No. 106-1981 along with the accompanying paperwork which
is sent to the road abandonment petitioner after the completion of the County responsibility and
advising the petitioner of the need for these documents to be recorded in order to clear title to the
right-of-way. Additional documentation is enclosed to show that in 1987 and in 1988 other
abandonments of rights -of -way were accomplished by using the same language, to -wit:
Mayor Dixie Spehar
March 28, 2003
Page Two
Re: First Avenue, Stock Island
"renounces and disclaims any right of the County and the public in and to the following described
road (Res. No. 477-1988)" and "renounces and disclaims any right of the County and the public
in and to the following described streets, alley -ways, roads or highways (Res. No. 270-1987)." I
am attaching with Resolution No. 477-1988 a copy of the letter to the petitioner telling him to file
the proofs of publication of notice (of public hearing and of adoption of Resolution) and a
certified copy of the Resolution with the Clerk of Court. Attached to Resolution 270-1987 is a
similar letter. In both cases, you can see that the petitioner was also provided with the proofs of
publication, but that seemed to be unnecessary paperwork for our purposes.
The language used in Resolution No. 279-1988 is "that the Board hereby closes a portion
of the following described street, alley -way, road or highway...." (Emphasis added.) The
language is distinct from that used in all of those abandonment resolutions where the petitioners
were informed to file copies of the Resolution of Abandonment along with the proofs of notice in
the Official Records of the County. I would add that there is in my file, and a copy is attached, a
copy of a memorandum from Dent Pierce to Captain Brown, then County Administrator,
requesting permission to advertise for road closure. That memo specifies that a request was
received to "close off a section of First Avenue on Stock Island due to severe problems with
illegal dumping, derelict vehicles, drug usage and vagrancy." The memo further goes on to say
that "we would like to block off' a specified section. Also enclosed for your information is a
copy of a memo from then Code Enforcement Administrator to the Public Works Director, Dent
Pierce, stating that Code Enforcement was constantly receiving complaints and asked that the
feasibility of barricading and posting the property be considered.
There is no doubt in my mind from all of the materials just discussed that there was never
any intention to abandon the road, but only to close it to public use due to the dumping and illegal
activities occurring on the property. It is, at least in my mind, absurd to think that the County
should post no trespassing signs on property that it intended to abandon. Since the initiation of
this closure was not from the adjacent property owners but from Code Enforcement asking that
the property be posted by the County, I have no doubt that this was always intended to be a
closure, prohibiting access for the illegal activities which had up to that point taken place on First
Avenue.
Please let me know if you have any further questions.
cc: Ervin Higgs, Property Appraiser
John C. Dent, Jr., Esq.
CC�IYSo nNROE
FLORID. 33040
(305)294.4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 -Phone
305/292-3516 -Fax
MEMORANDUM
TO: Mayor Dixie Spehar
FROM: Suzanne A. Hutton C�W
Assistant County Attorney
DATE: March 20, 2003
SUBJECT: First Avenue, Stock Island
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehar, District 1
Mayor Pro Tem, Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny' McCoy, District 3
David P. Rice, District 4
You initiated an inquiry about the abandonment of a segment of a platted right-of-way which,
based on the information provided to you, had previously been abandoned. You provided me
with a copy of a sketch showing a perpendicular line creating a segment of First Avenue, which
commenced approximately 50 feet east of the easterly right-of-way line of First Street and
continued to the east. According to Resolution 279-1988, the County closed a portion of First
Avenue beginning approximately 50 feet to the east of the intersection of First Avenue and First
Street and continuing approximately 170 feet to the dead end of First Avenue. Your inquiry was
about the remainder of First Avenue, apparently up to the intersection with First Street. In our
conversations, there was discussion about the difference between abandonment vs. closure and
your understanding that the adjacent property owner(s) has (have) been taxed on their parcel with
increased square footage as the result of Resolution 279-1988.
I finally had an opportunity to go to the Property Appraiser's Office and to the County Deed
Records or Official Records, of Monroe County. Please be advised of the following:
The date that additional land encompassed in the abandonment was added to the tax
rolls has not been conclusively determined. The Property Appraiser's Office staff
with whom I discussed the matter indicated it was possible that it may have been
1988 but could have been 2000 or 2001. They will have to conduct some research to
give me a definitive answer. However, it is my interpretation of the governing
statute that the placement on the tax roll, regardless of time, was in error. According
to my research of the Official Records, there was never any recording
Dixie Spehar
First Ave., SI
March 20, 2003
Page 2
therein of the Resolution or of the public notices required by §336.10, Florida
Statutes. A difference of opinion already exists as to the effect of the Resolution
language. I wrote a memorandum on June 28, 1994, to Joyce Henson at the Property
Appraiser's Office, stating the road was closed but not abandoned. John Dent,
attorney for the Property Appraiser, has opined that the language used in the
Resolution effected an abandonment of any interest the County had. Regardless of
the interpretations of the Resolution, the State Statutes require that a very specific
procedure be followed in order to accomplish the abandonment or vacation of the
County's (or public's) interest in the platted road. Under §336.10, in order to
accomplish the abandonment of the road, it is required that there be a public hearing,
that there be notice of said hearing published at least two weeks prior to the date of
the hearing in a newspaper of general circulation in the county, a Resolution duly
adopted and entered upon the minutes of the commissioners after such public
hearing, notice of the adoption of the Resolution published at least one time within
30 days after its adoption in a newspaper of general circulation in the county, and
recordation in the County's deed records (Official Records), proof of both
publications, plus the Resolution. The statutory procedure was not followed as the
Resolution and proofs of notice were not recorded in the County's Official Records.
By copy of this memo to the Property Appraiser, I hope that Mr. Dent will revisit
this issue for purposes of the tax roll, because it appears that the materials from
which he rendered his opinion did not disclose that there was no recording in the
official records.
Accordingly, it is my opinion that Resolution 279-1988 did no more than close the road to traffic
and did not result in an abandonment or vacation of the County's (or public's) interest in said
right-of-way. Inasmuch as the absence of recording pursuant to the statute resulted in only
authority to physically close the road to vehicular traffic, it would be inappropriate and contrary
to County policy to abandon the segment of First Avenue adjacent to Lot 20 as it is identified on
the sketch which you provided to me.
If you have any questions, please feel free to call.
cc: Ervin Higgs
C
UNTY joNROE
KEY WESTLORIDA 33040
(305)294-4641
County Attorney
310 Fleming Street
Key West, FL 33040
(305)292-3470
M E M O R A N D U M
DATE: June 28, 1994
TO: Joyce Henson
Property Appraiser's office
FROM: Suzanne A. Hutton
Assistant County Atto ney
RE: First Avenue - Stock Island
ZD OF-C.'OUNTY-COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tem, A Earl Cheal, District 4
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
You requested in ormation from the County ttorney s Mice
concerning the closure of First Avenue, Stock Island, Monroe
County, Florida, per BOCC Resolution No. 279-1988. That resolu-
tion did not use the language customarily utilized by the County
in abandoning and vacating a road, thereby relinquishing all
interest of the County therein. Rather, Resolution No. 279-1988
provided only that "The Board hereby closes a portion of the
following described street ...."
Although abandonment and closure of roads are required by the
same statute to follow the same procedures, there is a dis-
tinction between abandonment and closure. See Seaside Pro -
erties Inc. v. State Road Department, 190 So.2d 391, a. ;
ou in V. Okaloosa County, 580 So.2d 205 (Fla. 1st DCA 1991).
e County only closed 1-be road and never indicated in its
resolution any intent to vacate or abandon the road and relin-
quish interest therein. Further, the background information
which gave rise to the closure was a request from the County's
Code Enforcement Department due to "illegal dumping, derelict
vehicles, drug uses and vagrancy" in that area. In a memorandum
from the Assistant County Administrator for the Public Works
Division to the County Attorney, May 6, 1988, a request was made
to block off a portion of First Avenue, but there was no request
for relinquishing the County's interest therein.
Accordingly, it is my opinion that the resolution did no more
than authorize the County Public Works to place barriers on the
right-of-way to discontinue the use of that portion of First
Avenue which was closed by the resolution. At such time as the
County finds that it is necessary to reopen the road, it could do
SO.
If you have any questions, please feel free to call.
SAH/ j eh
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
}
.i �GpUNTYC
..........
UIQ�F �G•9�
UJ
F COUN�
xuannp 1. Retbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
M E M O R A N D U M
To: Lucien Proby, County Attorney
From: Danny L. Kolhage, Clerk
Subject: Resolution No. 279-1988
Date: July 11, 1988
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
On July 5, 1988, the Board of County Commissioners adopted
Resolution No. 279-1988 closing a portion of the following
described street, alley way, road or highway:
a portion of First Avenue beginning
approximately 50 feet to the east of
the intersection of First Avenue and
First Street and continuing approx-
imately 170 feet to the deadend of
First Avenue, Stock Island, Monroe
County.
Attached are three certified copies of the subject Resolution
for your use and records.
:::Pr
Rosalie L. C nnolly
Deputy Clerk
Attachments
cc: Mayor Lytton
County Administrator
Property Appraiser
Tax Collector
Asst. Co. Admin. - Public Works
File
Monroe County Commission
RESOLUTION NO. 279 -1988
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, desires to close a portion of the hereinafter described
street, alley -way, road or highway, and
WHEREAS, due notice was published and a public hearing was
held on July 5, 1988, and
WHEREAS, at said public hearing -no objections were made to
the closing of a portion of the hereinafter described street,
alley -way, road or highway as delineated on the hereinafter
described map or plat, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby closes a portion of
the following described street, alley -way, road or highway as
delineated on the hereinafter described map or plat, to -wit:
a portion of First Avenue beginning approximately 50
feet to the east of the intersection of First Avenue
and First Street and continuing approximtely 170 feet
to the deadend of First Avenue, Stock Island, Monroe
County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of July, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
Attest: DANIVY L,1_sUL-h.c".G4.. Glens
0"5I08I2006 08:24 FAX 305296853-5 FELDMAN KOEHIG HIGHSMIT-LL� 4 001/002
F it & H FELDMAN KOEIVIG & AYGHSMrm, P.A.
.ATTORNEYS A LA w
ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE
TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040
ROBERT E. HIGHSMITH TELEPHONE (305) 2%43851
DAVID VAN LOON FACSIMILE (305) 296-8675
To:
Fax.
Phone:
Re: /
FAX COVER SHEET
Suzanne Hutton, Esquire From: John Marston, Esquire
1 st Avenue Abandonment
518106
RECErVED
MAY 0 8 100 MONRDE C0UIVTYAT 6
rp 6
Y
x Urgent x For Review ❑ Please Comment ❑ Please Reply Q Please Recycle
Suzanne,
In follow up to your letter of May 3, please see attached letter of no
objection from neighbor Eadeh Bush Company, LLC. Thank you. John
THE NNFORMATION CONTAINED 1N TMS FACSMN E MESSAGE I$ ATTORNEY PRMLEGED AND CONFFDENTIAL W 1ENOED
ONLY FOR THE USE OF THE INDMDUAL OR ENTITY NAMED ABOVE F THE READER OF THIS MESSAGE 15 NOT THE
WENDED RECA NT. YOU ARE NEWRY NOTIFIED THAT ANY DISSEMNYAMM D1Sn%BUT10N OR COPY OF TWS
COMMUNOAT M 1S SnwCTLY PRONI&T£D. 7 YOU HAVE RECEIVED THIS COMMUNIAOATiON NW ERROR, PLEASE
IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGNNAL MESSAGE TO US AT TTNE ABOVE ADDRESS VIA THE
US POSTAL SNEIVTCE
REAL ESTATE ID ESTATE PE-ANNING 0 PROBATE 0 LRTGATION
.05/08/2006 08:24 FAX 3052968f,--'S FELOMAN KOENIG HIGHSMIT-�
I9 002/002
Eadeh Bush Company, LLC
12 Driftwood Dr. - Key West, FL 33040
3051296-0270 phone
305129245496 fax
May 9, 2005
Monroe County Government
Re: Abandonment of 1" Avenue on Stock Island
Dear Sirs:
As an adiacent property owner at 6325 First Street, we have no objection to the
abandonment and closure of the east end of 1't Avenue.
If there are any questions, please call.
Respectfully yours,
Eadeh Bush Company, LLC
A" /�V�
Bush Sneed, PE
RBSibs
cc: Dan Hamilton
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro TernMurray E. Nelson, District 5
OU NTY oMON ROE George Neugent, District 2
KEY WEST FLORI�A 33040 r David P. Rice, District 4
(�)2sa-asap Dixie M. Spehar, District 1
C
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502 wNdebead sue, 3-d Raox., ()
Y"t Ofliee .,Bast 1026
x,v `lUeet, g e 33041-7026
(305) 292-347C
May 3, 2006
Mr. John Marston, Esq., Agent for:
Daniel Hamilton, Petitioner
Feldman, Koenig & Highsmith, P.A.
3158 Northside Drive
Key West, FL 33040
RE: Road Abandonment, First Avenue on Stock Island
Dear Sirs:
Your letters committing on behalf of your client to an easement have been received. I have not
noticed any letter of no objection from Eadeh Bush Company LLC, which appears to own the property
on the other side of the road. Since the requested road abandonment appears to encompass an area
affecting that owner, a letter of no objection would be needed. Also, they would have to join in the
agreement to the 30 foot wide easement unless all of the 30 feet would be on the south side of the
centerline. I hope I have missed the letter of no objection from the Eadeh Bush Company in the file and
that it has already been submitted as indicated by the Planning Department. It is difficult to believe we
could have got to this stage without it being produced.
At any rate, assuming there is such a letter and there is either an agreement for all of the easement
to be on Parcel 2, or both property owners agree to the conditional approval and provide a survey of the
easement area, we could place a request for public hearing on the BOCC agenda. Normally, a resolution
of abandonment would not be executed until the required easement is recorded. However, please note
the attached Planning Department recommendation to deny the petition based on the termination of the
platted road in water and the Code prohibition against abandonment, as well as the inconsistency of
abandonment with Goal 213. With such a recommendation, the likelihood of a resolution of
abandonment is extremely low.
Mr. John Marston, Esq., Agent for:
Daniel Hamilton, Petitioner
May 3, 2006
Page Two
While the §16-1(a), MCC, prohibition of abandoning a right-of-way terminating on an open body
of water was interpreted many years ago to distinguish platted versus built and water with access versus
water with no access (due to dense mangroves), those distinctions have not been considered for roughly
ten years. When the Planning Department has recommended denial in the past, the petitioner has had to
commit to payment of the costs of advertising the public hearing regardless of the outcome of the
hearing. I will have to check the prior such situation to see if a deposit was required if you wish to
proceed notwithstanding the recommendation. Please call if you have any questions.
Sincerely,
Suzanne -A. JTutton
County.Attorney
SAH:kmp
Enclosures
cc: Planning Director r
County Engineer
Fire Marshall
RECEIVED
MEMORANDUM MAY 0 1 2006
MONROE COUNTY ATTORNEY
TO: Suzanne Hutton, County Attorney
THROUGH: Aref Joulani, Director of Planning & Environmental
FROM: Joseph Haberman, Planner
Timothy Richard, Senior Planning Technician
DATE: April 26, 2006
SUBJECT: Request for road abandonment by Tim Koenig on behalf of Boyd's Campground,
Ltd.
REQUEST:
Boyd's Campground, Ltd., property owner of Real Estate Number 00125670.000000, has
requested the abandonment of a portion of First Avenue in Maloney Subdivision, Stock Island,
Florida.
The Boyd's Campground property is within a Recreational Vehicle (RV) land use district. The
property is developed with recreational vehicle spaces, campground spaces, commercial
buildings and accessory structures.
Roadway Description
The portion of First Avenue which is the subject of the request is shown in Plat Book 1, Page 55
of the Public Records of Monroe County. The segment of First Avenue in question lies to the
North of the Boyd's Campground property, to the East of First Street, to the South of a
residential property owned by Eadeh Bush Company, and to the West of Boca Chica Channel.
The subject segment has been cleared, but there is no evidence that any pavement has ever been
laid. The subject segment is blocked off from traffic and is accessible by a locked gate.
Use of the Road
No permitted use of the subject segment of First Avenue was located by Planning Staff.
However, it is being used currently for the storage of numerous trailers and boats.
Development Potential
At this time, it appears unlikely that the subject segment of First Avenue would be reopened to
traffic. If the right -of -away were to be abandoned, it could serve as an extension to Boyd's
Campground development.
First Avenue, Stock Island Road Abandonment Page 1 of 2
Shoreline Access
The subject segment of First Avenue terminates at the open waters of the Boca Chica Channel.
Staff Review
A review of the records and an on site inspection of the property revealed the following:
The subject segment of First Avenue has been cleared, but the original platted
roadbed shows no signs of ever having been completed.
2. The applicant has received a letter from Bush Sneed of the Eadeh Bush Company,
the only other contiguous property owner to the right -of -away in question, stating
that he has no objection to proposed abandonment.
3. The subject segment of First Avenue terminates on the open waters of the Boca
Chica Channel. Pursuant to Monroe County Code Sec. 16-1, "no dedicated and
accepted right -of -away in the county can be abandoned where the right -of -away
terminates on a body of open water." Further, pursuant to Goal 213 of the
Monroe County Year 2010 Comprehensive Plan, the county shall ensure adequate
public access to the shoreline. Objective 213.1 specifies that the county shall
"maintain and increase the amount of public access to the beach or shoreline
consistent with the estimated public need and environmental constraints."
CONCLUSION:
Planning Staff recommends denial of the request by Boyd's Campground, Ltd. for a road
abandonment of a portion of First Avenue based on the following:
1. The road terminates on a body of water, and thereby is not consistent with Goal 213
of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Code.
First Avenue, Stock Island Road Abandonment Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
Mayor Charies "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
UNTY jo'�MONROE George Neugent, District 2
KEY WESTLORIDA 33040 David P. Rice, District 4O4
(305)2944641 Dixie M. Spehar, District 1
o>of the esuos&,� av"wv
502 W iitdEead Shed, .Rem
foot Vgke Bea 1026
34 Wwt, .7L' 33041-1026
(305) 292-347C
MEMORANDUM
TO: Dave Koppel, County Engineer
Clark Martin, Fire Chief
FROM: Kathy Peters, Paralegal/Administrative Liaiso
County Attorney's Office
RE: Road Abandonment Petition Review: Portion of First Avenue, Stock Island
(Boyd's Campground)
DATE: May 2, 2006
Enclosed please find a copy of the response received by this office from the Planning Department
recommending denial of the request by Boyd's Campground, Ltd. in the above -referenced Road
Abandonment Petition.
Thank you.
SABkmp:
Enclosures
RECEIVED
MEMORANDUM
MAY o l zoos
MONROE COUNTY ATTORNEY
TO: Suzanne Hutton, County Attorney
THROUGH: Aref Joulani, Director of Planning & Environmental
FROM: Joseph Haberman, Planner
Timothy Richard, Senior Planning Technician
DATE: April 26, 2006
SUBJECT: Request for road abandonment by Tim Koenig on behalf of Boyd's Campground,
Ltd.
REQUEST:
Boyd's Campground, Ltd., property owner of Real Estate Number 00125670.000000, has
requested the abandonment of a portion of First Avenue in Maloney Subdivision, Stock Island,
Florida.
The Boyd's Campground property is within a Recreational Vehicle (RV) land use district. The
property is developed with recreational vehicle spaces, campground spaces, commercial
buildings and accessory structures.
Roadway Description
The portion of First Avenue which is the subject of the request is shown in Plat Book 1, Page 55
of the Public Records of Monroe County. The segment of First Avenue in question lies to the
North of the Boyd's Campground property, to the East of First Street, to the South of a
residential property owned by Eadeh Bush Company, and to the West of Boca Chica Channel.
The subject segment has been cleared, but there is no evidence that any pavement has ever been
laid. The subject segment is blocked off from traffic and is accessible by a locked gate.
Use of the Road
No permitted use of the subject segment of First Avenue was located by Planning Staff.
However, it is being used currently for the storage of numerous trailers and boats.
Development Potential
At this time, it appears unlikely that the subject segment of First Avenue would be reopened to
traffic. If the right -of -away were to be abandoned, it could serve as an extension to Boyd's
Campground development.
First Avenue, Stock Island Road Abandonment Page 1 of 2
Shoreline Access
The subject segment of First Avenue terminates at the open waters of the Boca Chica Channel.
Staff Review
A review of the records and an on site inspection of the property revealed the following:
1. The subject segment of First Avenue has been cleared, but the original platted
roadbed shows no signs of ever having been completed.
2. The applicant has received a letter from Bush Sneed of the Eadeh Bush Company,
the only other contiguous property owner to the right -of -away in question, stating
that he has no objection to proposed abandonment.
3. The subject segment of First Avenue terminates on the open waters of the Boca
Chica Channel. Pursuant to Monroe County Code Sec. 16-1, "no dedicated and
accepted right -of -away in the county can be abandoned where the right -of -away
terminates on a body of open water." Further, pursuant to Goal 213 of the
Monroe County Year 2010 Comprehensive Plan, the county shall ensure adequate
public access to the shoreline. Objective 213.1 specifies that the county shall
"maintain and increase the amount of public access to the beach or shoreline
consistent with the estimated public need and environmental constraints."
CONCLUSION:
Planning Staff recommends denial of the request by Boyd's Campground, Ltd. for a road
abandonment of a portion of First Avenue based on the following:
1. The road terminates on a body of water, and thereby is not consistent with Goal 213
of the Monroe County Year 2010 Comprehensive Plan or Sec. 16-1 of the Monroe
County Code.
First Avenue, Stock Island Road Abandonment Page 2 of 2
FK&H
ROBERT T. FELDMAN
TIMOTHY J. KOENIG
ROBERT E. HIGHSMITH
DAVID VAN LOON
Suzanne A. Hutton, Esquire
Assistant County Attorney
502 Whitehead Street
Key West, FL 33042
FELDMAN KOEIVIG & HIGHSMITH, P.A.
ATTORNEYS AT LAW
April 4, 2006
Re: Abandonment of 1 st Avenue
Dear Suzanne:
3158 NORTHSIDE DRIVE
KEY WEST, FLORIDA 33040
TELEPHONE (305) 296-8851
FACSIMILE (305) 296-8575
I've enclosed the applicant's letter of assent to the Fire Marshall's conditional approval,
along with other relevant materials that may have been misplaced form your file, according to a
telephone conversation I had a couple of weeks ago with a member of your staff.
I would be most grateful to learn that this matter will be placed on the next available
agenda. Thank you.
Very trulv yours.
JM.jc J Marston
cc: Dan Hamilton, Esquire
encl.
RECEIVED
APR 0 5 2006
MONROE COUNTY ATTORNEY
C
UNTY jo�MONROE
KEY WESTLORIDA 33040
(305)294-4641
Om of t(w (.aunt# au ww+
502 2vfiaeikad street, 3-d , (Recm)
`.Peet v f fkz Sax 1026
Xe# `Weet, 3,C 33041-1026
(305) 292-3470
December 9, 2005
Mr. John Marston, Esq., Agent for:
Daniel Hamilton, Petitioner
Feldman, Koenig & Highsmith, P.A.
3158 Northside Drive
Key West, FL 33040
Dear Mr. Marston:
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, District 1
Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this
office December 8,2005 citing the following conditional approval:
"The aforementioned parcel of property, to be added to the Boyd's Campground
property shall not be used for additional Recreational Vehicle, Camper, or tent space.
No structures shall be permitted on this parcel, to include storage buildings. Boat trailer
storage shall be permitted (subject to Monroe County Code). "
Please provide written documentation that indicates your client is willing to comply with the Fire
Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly.
Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470.
Sin r y
gA<-
-
Kathy M. et for:
SuzanneA. Yfutton
,assistant County Attorney
KMP/
Enclosure: 12/6/05 Letter from Fire Marshall's Office
cc: Mr. Daniel Hamilton, Petitioner
Planning Director
County Engineer
Fire Marshall
BOARD OF COUNTY COMMISSIONERS
,-,�--- Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem, Murray E. Nelson, District 5
UNTYSo��qNROE George Neugent, District 2
KEY WESTDA 33040 Dixie M. Spehar, District 1O1
(305) 294_4641 I David P. Rice, District 4
OFFICE of '
the FIRE MARSHAL
490 63`d Street
Marathon, FL 33050 Vint
PHONE: (305) 289-6010
FAX: (305) 289-6013
9Escu�
MEMORANDUM
TO: Kathy Peters, County Attorney's Office
Clark O. Martin, Jr., Fire Chief
Arthur "Wally" Romero, Assistant Fire Marshal
FROM: Steven M. Zavalney, Captain 4v---
RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island
(Boyd's Campground)
DATE: December 6, 2005
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, with the following
conditions:
The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be
used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on
this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe
County Code).
If you are in need of further information, please do not hesitate to call.
RECEIVED
DEC 0 8 2005
MONROE: COUNTY ATTORNEY
C
UNTY 'MONROE
KEY WEST FLORIDA 33040
c3051294 46=1
County,Xttorney s Offce
T O. (Zloz 1026
"West, IM 33041
(Phone. (305) 292-3470
Ear,. • (305) 292-3516
October 12, 2005
Tim Koenig, Esq., Agent for:
Daniel Hamilton, Boyd's Campground
Feldman & Koenig, P.A.
3158 Northside Drive
Key West, FL 33040
Re: Road Abandonment Petition — First Avenue, Stock Island
Dear Mr. Koenig:
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tem "Sonny" McCoy, District 3
Mayor Pro Tem Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Enclosed please find a copy of the findings and recommendations of County Engineer David S. Koppel
which states, "We have no objection to the abandonment of the end of First Avenue provided that we retain
an easement adequate for maintenance and eventual reconstruction of our stormwater management system,
say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the easement."
Please provide written documentation that indicates you are willing to comply with the County
Engineer's recommendation on this issue. I understand that you have communicated such a sentiment
verbally to Suzanne Hutton. We encourage you to work directly with the County Engineer in your efforts to
comply with the conditions set forth in his memorandum of October 11, 2005. Should you have any questions
or concerns, please don't hesitate to contact us by phoning (305) 292-3470.
Sin r 1 , ��,�,�
Kathy eters for:
Suz;anne,9. Mutton
Assistant County Attorney
SAHkmp:
Enclosure
cc: Mr. Daniel Hamilton, Boyd's Campground
Marlene Conaway, Planning Director
Dave Koppel., County Engineer
Clark Martin, Fire Chief
Oct-12-2005 09:28 From-MONROE COUP— W INERING +3052954321 T-263 P.001/001 F-818
RECEIVED
MEMORANDUM OCT 12 2005
TO: Kathy Peters, Paralegal/Administrative Liaison MONROE COUNTY ATTORNE Y
County Attorney's Office
FROM: David S. Koppel
County Engineer dP
DATE: October 11, 2005
RE: First Avenue, Stock Island
We would have no objection to the abandonment of the end of First Avenue provided that
we retain an easement adequate for maintenance and eventual reconstruction of our
stormwater management system, say 30 feet. Obviously, no strictures, fences, etc.
should be allowed to be constructed within the easement. As far as whether the road runs
to open water, I would say that the County's previous action of road closure now prevents
said road from running to open water. Given the original justification for closure as
indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever
be reopened.
Please let me know if you have any questions regarding this matter.
DSK/jl
FirstAve.RdAbandKathyPeters.DOC
FK&H
ROBERT T. FELDMAN
TIMOTHY J. KOENIG
ROBERT E. HIGHSMITH
DAVID VAN LOON
Suzanne A. Hutton, Esquire
Assistant County Attorney
502 Whitehead Street
Key West, FL 33042
FELDMAN KOENIG & HIGHSMITH, P.A.
ATTORNEYS AT LAiv
November 8, 2004
Re: Abandonment of 1st Avenue
Dear Ms. Hutton:
Thank you for your letter of October 12, 2004.
3158 NORTHSIDE DRIVE
KEY WEST, FLORIDA 33040
TELEPHONE (305) 296-8851
FACSIMILE (305) 296-8575
Our client will agree to let the county retain the easement referred to in that letter, but
suggests, if possible, that the county reconsider if a full thirty feet is required. We have no
objection to that - we were merely wondering aloud if it could be less wide.
Thank you.
TJK jm
cc: Dan Hamilton, Esquire
rMarstonrs
F K & H
ROBERT T. FELDMAN
TIMOTHY J. KOENIG
ROBERT E. HIGHSMITH
DAVID VAN LOON
Suzanne A. Hutton, Esquire
Assistant County Attorney
502 Whitehead Street
Key West, FL 33042
FELDMAN KOENIG & HIGHSMITH, P.A.
ATTORNEYS AT LA {iv
November 8, 2004
Re: Abandonment of 1st Avenue
Dear Ms. Hutton:
Thank you for your letter of October 12, 2004.
3158 NORTHSIDE DRIVE
KEY WEST, FLORIDA 33040
TELEPHONE (305) 296-8851
FACSIMILE (305) 296-8575
Our client will agree to let the county retain the easement referred to in that letter, but
suggests, if possible, that the county reconsider if a full thirty feet is required. We have no
objection to that - we were merely wondering aloud if it could be less wide.
Thank you.
Very truly
TJKJm rl
Marston
cc: Dan Hamilton, Esquire
C
UNTYSonNROE
KEYWESTDA 33040
(305)2S4-4641
Timothy ]. Koenig, Esq.
Feldman, Koenig & Highsmith, P.A.
3158 Northside Drive
Key West, FL 33040
RE: Abandonment of First Avenue, Stock Island
Dear Tim:
BOARD OF COUNTY COMMISSIONERS
MAYOR Murray E. Nelson, District 5
Mayor Pro Tem, David P. Rice, District 4
Dixie M. Spehar, District I
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Enclosed is a road abandonment petition with instructions which should be initiated
to proceed with the abandonment of First Avenue. As you know, a major portion of the
road was previously closed and a number of people, including the property owners assumed
that constituted an abandonment. You may wish to reference the prior County Commission
action and the fact of the obstructions place on the right-of-way to preclude the public from
using the right-of-way to access the water. Further, it is clear that at the very least, a
stormwater drainage easement will have to be retained by the County with access for
maintenance and repairs and which would preclude placement of any structures or plantings
in the easement area. I am not sure exactly where the easement should be located, and a
metes and bounds description will be necessary. You may wish to contact the Engineering
Department (292-4426) to see if they have a metes and bounds description already on file.
Otherwise, it would be the obligation of the petitioners to provide an appropriate survey and
legal description of the easement as well as the road to be abandoned.
If you have any questiors, please feel free to call.
Sincerely,
e C7A. Hutton
Assistant County Attorney
SAH/dct
Enclosure
cc: David Koppel
Daniel H o Hamilton
Attorney at Law
22 Evergreen Terrace
(305) 296-5799 Key West, FL 33040 (305) 296-6663 (fax)
squiredan@aol.com
March 22, 2006
Ms. Suzanne Hutton
Monroe County Attorney
502 Whitehead Street
P.O.Box 1026
Key West, FL. 33041
RE: Road Abandonment, First Avenue on Stock Island
Dear Ms. Hutton:
I wish to confirm our agreement that Monroe County will retain a thirty foot drainage
easement down the center of the former road at First Avenue. To allay any of the Fire
Marshall's concerns, we will of course immediately comply with all existing fire safety
regulations and requirements and access to the property is always available through the
usual campground entrance.
Sincerely,
Daniel H. Hamilton
Boyd's Key West Campground, Inc.
RECEIVED
MAR 2 7 2006
MONROE COUNTY ATTORNEY
C
UNTYSMONROE
KEY WEST FLORIDA 33040
(305)2944641
Off ice of the 'CauntV Qtt"MV
502 U%"md Strad, 3d 9&m, (.Beat)
Seat Off= Sam 1026
Xq Weal, le 33041-1026
(305) 292-3470
December 9, 2005
Mr. John Marston, Esq., Agent for:
Daniel Hamilton, Petitioner
Feldman, Koenig & Highsmith, P.A.
3158 Northside Drive
Key West, FL 33040
Dear Mr. Marston:
,.George Neugent,
David P. Rice, Disb
s /
1P►. }
Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this
office December 8,2005 citing the following conditional approval:
"The aforementioned parcel of property, to be added to the Boyd's Campground
property shall not be used for additional Recreational Vehicle, Camper, or tent space.
No structures shalt be permitted on this parcel, to include storage buildings. Boat trailer
storage shall be permitted (subject to Monroe County Code). "
Please provide written documentation that indicates your client is willing to comply with the Fire
Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly.
Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470.
Sin y A<-
Kathy M. etefor:
Suzanne -A. Mutton
,Asa*tant CountyAttorney
KMP/
Enclosure: 12/6/05 Letter from Fire Marshall's Office
cc: Mr. Daniel Hamilton, Petitioner
Planning Director
County Engineer
Fire Marshall
C
UNTY 0MONROE
KEY WEST FLORIDA 33040
(305)294-4641
OFFICE of
the FIRE MARSHAL
490 63`d Street
Marathon, FL 33050
PHONE: (305) 289-6010
FAX: (305) 289-6013
MEMORANDUM
TO: Kathy Peters, County Attorney's Office
Clark O. Martin, Jr., Fire Chief
Arthur "Wally" Romero, Assistant Fire Marshal
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem, Murray E. Nelson, District 5
George Neugent, District 2
Dixie M. Spehar, District 1
David P. Rice, District 4
FROM: Steven M. Zavalney, Captain
RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island
(Boyd's Campground)
DATE: December 6, 2005
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, with the following
conditions:
The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be
used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on
this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe
County Code).
If you are in need of further information, please do not hesitate to call.
RECEIVED
DEC 0 8 2005
MONROE COUNTY ATTORNEY
r
C
UNTYSMONROE
KEY WEST FLORIDA 33040
(305)294-4641
e " of file `-'"A,* ameaw
502 4URtitelll nd Stwd, Sem
`.Foot f9gue Saw 1026
NeV Weet, 3L' 330414026
MEMORANDUM
TO: AREF JOULANI, ACTING PLANNING DIRECTOR
FROM: KATHY PETERS FOR: SUZANNE HUTTON
COUNTY ATTORNEY A.
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dixie M. Spehar, District 1
RE: STATUS OF REVIEW AND RECOMMENDATION RE:
ROAD ABANDONMENT PETITION: PORTION OF FIRST AVENUE, STOCK ISLAND
BOYD' S CAMPGROUND
DATE: MARCH 27, 2006
A review of our file indicates we have not yet received your findings and recommendation regarding the
above -referenced Road Abandonment Petition which was forwarded to Ms. Marlene Conaway, former
Planning Director, on October 7, 2005. We have received notification providing conditional approval from
both the Fire Marshall and the County Engineer, both of which were copied to you, and are awaiting your
response.
Please provide your findings and recommendation as to this Petition as soon as possible. If we have
overlooked receipt of your documentation, we would request your forwarding a copy of your
recommendation for our file. Thank you for your support and cooperation in this matter.
Enclosures
cc: Daniel H. Hamilton, Attorney at Law — Petitioner
Mr. John Marston, Agent for Petitioner
F K & H FELDMAN KOENIG & HIGHSNIITH, P.A.
ATTORNEYS AT LAW
ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE
TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040
ROBERT E. HIGHSMITH TELEPHONE (305) 296-8851
DAVID VAN LOON FACSIMILE (305) 296-8575
February 16, 2006
Suzanne A. Hutton, Esquire
Assistant County Attorney
502 Whitehead Street
Key West, FL 33042
Re: Abandonment of 1 st Avenue
Dear Suzanne:
I'm trying to determine if this matter is ready to placed on the agenda for the BOCC. If
there is still something that needs to be done, please let me know so I can finalize this matter for
our client.
Thank you.
JM.jc
cc: Dan Hamilton, Esquire
Very ly yours,
J Marston
RECEIVED
FEB 17 MR
MONROE COUNTY ATTORNEY
C
UNn' So�MONROE
KEY WESTLORIDA 33040
(305)2944641
amixOft&ed"lav ft"Wilf
502 w*"wd Saud, 3.d , (,1t. a.)
`.Peet Office Sax 1026
36V `Weet, 92 33041-1026
(305) 292-3470
December 9, 2005
Mr. John Marston, Esq., Agent for:
Daniel Hamilton, Petitioner
Feldman, Koenig & Highsmith, P.A.
3158 Northside Drive
Key West, FL 33040
Dear Mr. Marston:
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dude M. Spehar, District 1
Enclosed please find a copy of the findings and recommendations of the Fire Marshall received by this
office December 8,2005 citing the following conditional approval:
"The aforementioned parcel of property, to be added to the Boyd's Campground
property shall not be used for additional Recreational Vehicle, Camper, or tent space.
No structures shall be permitted on this parcel, to include storage buildings. Boat trailer
storage shall be permitted (subject to Monroe County Code). "
Please provide written documentation that indicates your client is willing to comply with the Fire
Marshall's conditions. If further clarification is needed, you may want to contact the Fire Marshall directly.
Should you have any question or concerns, please don't hesitate to contact us by phoning (305) 292-3470.
Sin r y
Kathy M.zers for:
Suzanne,. Mutton
Assistant Countyattorney
KMP/
Enclosure: 12/6/05 Letter from Fire Marshall's Office
cc: Mr. Daniel Hamilton, Petitioner
Planning Director
County Engineer
Fire Marshall
BOARD OF COUNTY COMMISSIONERS
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tem, Murray E. Nelson, District 5
OUNTYso�MONROE George N pehar,, District 2
KEY WESTLORIDA 33040 Dixie M. S ice, D District 1
(305) 294-4641 David P. Rice, District 4
OFFICE of "MFOXM�
the FIRE MARSHAL
490 63`d Street
Marathon, FL 33050 FIRE
PHONE: (305) 289-6010
FAX: (305) 289-6013
1
RESCUE
MEMORANDUM
TO: Kathy Peters, County Attorney's Office
Clark O. Martin, Jr., Fire Chief
Arthur "Wally" Romero, Assistant Fire Marshal
FROM: Steven M. Zavalney, Captain
RE: Road Abandonment Petition Review, Portion of First Avenue, Stock Island
(Boyd's Campground)
DATE: December 6, 2005
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, with the following
conditions:
The aforementioned parcel of property, to be added to the Boyd's Campground property shall not be
used for additional Recreational Vehicle, Camper, or tent space. No structures shall be permitted on
this parcel, to include storage buildings. Boat trailer storage shall be permitted (subject to Monroe
County Code).
If you are in need of further information, please do not hesitate to call.
RECEIVED
DEC 0 8 2005
MONROE COUNTY ATTORNEY
COUNTY Sco)�MONROE
KEY VVESTLORIDA 33040
(305)294-4e41
09=4theesuittv Mftg=V
5C2 4IJIFR&Swd Street, Stem
Yost Office Sex 1026
34`l0eet, S.0 33041-1026
(M) 292-347C
MEMORANDUM
TO: Marlene Conaway, Planning Director
Dave Koppel, County Engineer
Clark Martin, Fire Chief
FROM: Kathy Peters, Paralegal/Administrative Liaison
County Attorney's Office
Mayor Charles "Sonny" McCoy, District 3
Mayor Pro Tern Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
Dbde M. Spehar, District 1
RE: Road Abandonment Petition Review: Portion of Furst Avenue, Stock Island
(Boyd's Campground)
DATE: November 22, 2005
Enclosed please find a copy of the response received by this office from the Petitioner in the above -
referenced Road Abandonment Petition, indicating they would agree to the conditions for approval cited
by the County Engineer, "We have no objection to the abandonmen.... provided that we retain an
easement adequate for maintenance and eventual reconstruction of our stormwater management system,
say 30 feet. Obviously, no structures, fences, etc. should be allowed to be constructed within the
easement." The Petitioner inquired, however, if the easement to be retained by the County "..could be
less wide.. " which should appropriately be addressed by staff.
Thank you.
KMP/
Enclosures: 11/8/05 letter from Petitioner
F K & H FELDMAN KOENIG & HIGHSMITH� P.A.
ATTORNEYS AT LAW
ROBERT T. FELDMAN 3158 NORTHSIDE DRIVE
TIMOTHY J. KOENIG KEY WEST, FLORIDA 33040
ROBERT E. HIGHSMITH TELEPHONE (305) 296-8851
DAVID VAN LOON FACSIMILE (305) 296-8575
November 8, 2004
Suzanne A. Hutton, Esquire
Assistant County Attorney
502 Whitehead Street
Key West, FL 33042
Re: Abandonment of 1 st Avenue
Dear Ms. Hutton:
Thank you for your letter of October 12, 2004.
Our client will agree to let the county retain the easement referred to in that letter, but
suggests, if possible, that the county reconsider if a full thirty feet is required. We have no
objection to that - we were merely wondering aloud if it could be less wide.
Thank you.
Very truly
TJK jm fl
Marston
cc: Dan Hamilton, Esquire
RECEIVED
NOV 16 2005
MONROE COUNTY ATTORNEY
Oct-12-2005 09:28
From-MONROE COUNT314nGINERING
+3052954321 ..� T-263 P.001/001 F-818
111011
005
DATE:
MEMORANDUM
Kathy Peters, Paralegal/Adnunistrative Liaison
County Attorney's Office
David S. Koppel
County Engineer
October 11, 2005
RE: First Avenue, Stock Island
RECEIVED
OCT 12 2005
MONROE COUNTY ATTORNEY
We would have no objection to the abandonment of the end of First Avenue provided that
we retain an easement adequate for maintenance and eventual reconstruction of our
stormwater management system, say 30 feet. Obviously, no structures, fences, etc.
should be allowed to be constructed within the easement. As far as whether the road runs
to open water, I would say that the County's previous action of road closure now prevents
said road from running to open water. Given the original justification for closure as
indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever
be reopened.
Please let me know if you have any questions regarding this matter.
DSK/jl
FirstAve.RdAbandKathyPeters.DOC
F.
t
MEMORANDUM
TO: Kathy Peters, Paralegal/Administrative Liaison
County Attorney's Office
FROM: David S. Koppel RECEIVED
County Engineer dp
DATE: October 11, 2005 OCT 12 2005
MONROE COUNTY ATTORNEY
RE: First Avenue, Stock Island
We would have no objection to the abandonment of the end of First Avenue provided that
we retain an easement adequate for maintenance and eventual reconstruction of our
stormwater management system, say 30 feet. Obviously, no structures, fences, etc.
should be allowed to be constructed within the easement. As far as whether the road runs
to open water, I would say that the County's previous action of road closure now prevents
said road from running to open water. Given the original justification for closure as
indicated in your Feb. 5, 2004 memo, it would appear unlikely that the road would ever
be reopened.
Please let me know if you have any questions regarding this matter.
DSK/jl
FirstAve.RdAbandKathyPeters.DOC
BOARD OF COUNTY COMMISSIONERS
Mayor Dipe M. Spehar, District 1
Mayor Pro Tern "Sonny" McCoy, District 3
UNTYMON ROE Murray E. Nelson, District s
KEY WEST FLORIDA 33040 George Neugent, District 2
O2
(305) 294-4641 F David P. Rice, District 4
eakeof#w eauntv m&xmv
5o2 wfiac sales, Raw
91*6t Office Sax 1026
xev wcot, g e 33041-1026
(305) 292-3470
MEMORANDUM
me.µ
TO: Marlene Conaway, Planning Director
Dave Koppel, County Engineer
Clark Martin, Fire Chief
FROM: Kathy Peters, Paralegal/Administrative Liaison
County Attorney's Office
RE: Road Abandonment Petition Review: Portion of First Avenue, Stock Island
(Boyd's Campground)
DATE: October 7, 2005
Please review the enclosed above -referenced Road Abandonment Petition, received by this office on
October 5, 2005, and provide your written findings and recommendation at your earliest convenience.
Please ensure a record is maintained of all time spent by yourself and your staff on this matter.
For your information, the BOCC closed this road about twenty years ago to be able to put up a barrier to
deter drug -dealing and other illegal activity. Approximately eight years ago, the Property .Appraiser
added the property underlying the right-of-way to the adjacent property owners' taxable property,
treating the closure as an abandonment. Last year the right-of-way property was removed from the
adjacent property owners' taxable property due to a clarification that the BOCC had only closed, not
abandoned, the road.
Thank you.
KMP/
Enclosures: Road Abandonment Petition - Portion of First Avenue, Stock Island (Boyd's Campground)
C
UNTY'OMONROE
KEY WEST FLORIDA33040
(305)294-4641
o>offfw e"n&,- ftmw#
502 2U6Ftwl Street, Stem
.`Peet Offim Max 1026
34 Weet, 5f 33041-1026
(305) 292-3470
MEMORANDUM
TO: Ginger Campbell, Finance Department
FROM: Kathy Peters, County Attorney's Office
61
BOARD OF COUNTY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tern "Sonny" McCoy, District 3
Murray E. Nelson, District 5
George Neugent, District 2
David P. Rice, District 4
RE: Road Abandonment Petition — Portion of First Avenue, Stock Island (Boyd's Campground)
Submission of Petition Fee
DATE: October 7, 2005
Enclosed please find Check No. 14589 dated September 2, 2005 made payable to Monroe County in the
amount of $500 received by this office from the Petitioner in the above -referenced Road Abandonment
Petition.
Please deposit the enclosed check in the appropriate account. Should you have any questions or concerns,
please feel free to contact Assistant County Attorney Suzanne Hutton or myself by phoning (305) 292-3470.
i1ikri L• L
Enclosure (Check No. 14589)
BOYD'S KEY WEST 12-87 14589
CAMPGROUND. INC.
0
Specific Purpose Survey Map to illustrate legal descriptions
authored by the undersigned of a portion of First Avenue, Stock 151and
006
Assumed
ZBO-E IJ
0
Found 2" Iron Rpe (Fence Post)
0
Set 15 reba w1co0 (LB 7137)
•
Found 112" Iron Rod (2883)
♦
Found NO & Disc (PTS)
A
Set Nod & D%sc (LB 7737)
(M)
Measured
(R)
Record
(MIR)
Measured & Record
C.B.S.
Concrete Block Structure
R\W
Right oT Way
CLF
Choin Link Fence
j
Centerline
®
Woad Utility Pole
®
Cancrele Utility Pale
®
Water Meler
Sheet One of Two Sheets
NORBY & OTLYNN
Surveying, Inc.
ProfeealoL6nal No. Land2191 Surveyors
3430 Duck Ave., Key West, FL 33040
(3D5) 296-7422 FAX (3D5) 296-2244
Specific Purpose Survey Report to Illustrate legal descriptions
authored by the undersigned of a portion of First Avenue, Stock Island
NOTES
J. Tic legal descriptions shown hereon were authored by the undersigned
d Underground fomldations and uli/hies were not looaled
3 All eng/es ere 90' (',Veasured & Record unless otherwise noted
4 This survey is not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
5 Lands shown hereon were not abstracted for rights -of -way, easemenls,
ownership, or other Jnstruzo&ats of record
6 North Arrow is assumed and based on the P/el.
7 &-or of c/osure exceeds one pert sir JO, 000
O Adjoiners are not furnished
9 The descriptions contained herein and sketch, do not represent a field
Boundary survey
10. Street address is: ' i1-1 Avenue, stock /'lend, Afanrae County, FL 33040
11. This Specific Purpose Survey Report is not fu// and complete without the
attached Survey A/ap.
SPECIFIC PURPOSE SURVEY 70 ILLUSTRATE LEGAL DESCRIPTIONS
AUTHORED SY THE UNOERS1G%Z,0
PARCEL 1. A parcel of land on Stock island being a portion of the N'ly
112 of First Avenue, lying between the Ely right of way line of First Street
and the original shoreline of Boca Chico Channel, also lying between Blocks
33 and 44, as shown on George McDonald's Plat of Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida, said parcel being more particularly described by metes and
bounds as follows:
COMMENCE of the SW'ly corner of the said Block 33, said point also being
the N'ly right of way line of First Avenue and the E'ly right of way line of
First Street and run thence Ely along the N"ly right of way line of the
said First Avenue for a distance of 24,00 feet to a point, said point being
the Point of Beginning; thence Sly and at right angles for a distance of
30.00 feet to the centerline of the said First Avenue; thence Ely and at
right angles along the centerline of the said First Avenue for a distance of
235, 00 feet to the original shoreline of Boca Chico- Channel as shown on
said Plat; thence N9y with a deflection angle of 104"46'15" to the left and
along the original shoreline of Boca Chico Channel as shown on said Plat
for a distance of 20.5 feet, more or less, to the apparent Mean High Water
Line of the .said Boca Chico Channel; thence meander W'ly and NW'!y along
the apparent Mean High Water Line of the said Boca Chico Channel for a
distance of 64 feet, more or less, to the N'ly right of way line of the said
First Avenue; thence W"ly and along the N'ly right of way line of the said
First Avenue for a distance of 167 feet, more or less, back to the Point of
Beginning.
PARCEL 2r A parcel of land on Stock Island being a portion of the S"ly
112 of First Avenue, lying between the E"ly right of way line of First Street
and the original shoreline of Boca Chico Channel, also lying between Blocks
33 and 44, as shown on George McDonald's Plat of Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida, said parcel being more particularly described by metes and
bounds as follows.
COMMENCE at the NW'ly corner of the said Block 44, said point also being
the Sly right of way line of First Avenue and the Ely right of way line of
First Street and run thence E'ly along the Sly right of way line of the
said First Avenue for a distance of 32.00 feet to d point, said point being
the Point of Beginning; thence N'ly and at right angles for a distance of
17.50 feet; thence Wly and at right angles for a distance of 6.00 feet;
thence N'ly and at right angles for a distance of 12.50 feet to the
centerline of the said First Avenue, thence Ely and at right angles along
the centerline of the said First Avenue for a distance of 235.00 feet to the
original shoreline of Boca Chico Channel as shown on said Plat; thence Sly
with a deflection angle of 75'13"45" to the right and along the original
shoreline of Boca Chico Channel as shown on said Plat for a distance of
31.03 feet to the S"ly right of way line of the said First Avenue, thence
W'ly with a deflection anlge 104'4615" to the right and along the S"!y right
of way line of the said First Avenue for a distance of 234.90 feet back to
the Point of Beginning.
SPfC/F/C PURPOSE SURVEY FOR., 190W, Compground,•
fi 8Y L YNN SURYErLNO, INC.
_ ---- --
J PSd/
F/o rdo Reg. , fi6298
March 15, 2005
meal Iwo o/ iwo Sneels
NORBY & OTLYNN
Surveying, Inc.
Pro(®aslonal Land Surveyors
La No. T131
3430 Duck Ave., Key West. FL 33040
(305) 296-7422 FAX (305) n6-2244
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MONROE COUNTY
OFFICIAL RECORDS
FILE # 9 8 1 4 4 2
BK#1 4 3 5 PG#2 4 6 9
RCD Dec 26 1996 10:14AM
DANNY L KOLHAGE, CLERK
DEED DOC STANLy�.-,8721.30
12/26/1996 ''��ii'' DEP CLK
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this — day of ?i..GPr , 1995,
between ELSIE M. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD.
(Grantee), whose post office address is 6401 Maloney Avenue, Key West,
Florida 33040, and whose Tax Identification Number is is being applied
for,
WITNESSETH, that Grantor, for and in consideration of a 35.4015%
interest in BOYD'S CAMPGROUND, LTD., and other good and valuable
consideration in hand paid by Grantee, the receipt of which is
acknowledged, quitclaims to Grantee and Grantee's heirs, executors,
administrators, and assigns forever all of the right, title, and
interest of Grantor in the following described land situated in MONROE
County, Florida:
SEE ATTACHED EXHIBIT "A"
Tax Parcel Identification Numbers:
00125720-000000; 00125670-000000; 00125690-000000 M194V _'Xp -fib
00125700-000000; 00125710-000000; 00160030-000000.
Signed in the presence of:
n r ���✓�c-� ( sig re)
riAn//EC .44_V LTzn/v (print) ELSIE M. HAMILTON
Witness Grantor
�
Witness
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by ELSIE M.
HAMILTON, who identified this instrument as her Quitclaim Deed, and who
signed the instrument will'n
Sworn to before me on by ELSIE M. HAMILTON, who (is
personally known to me) (produc d U ~55 as identification).
OFFICIAL NOTARY SEAL
CYNTHIA M CAPAS' -- NOTARY PUBLIC STATE OF FLORIDA No Public, State of_ F- orida
COMMISSION NO. CC289620 prname:
MY COMMISSION FXP. MAY25,1997
Commission No.:
My commission expires
(SEAL)
This instrument was prepared by:
Daniel H. Hamilton, Esq.
818 White Street
Key West, FL 33040
FILE # 9 B 1 4 4 2
EXHIBIT "A" BK# 1 4 3 5 PG# 2 4 7 0
Page 1
All of Lots 13 and 14, of Block 45, according to George L.
MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section
35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South,
Range 25 East, said Plat being recorded in Plat Book 1, Page 55,
Monroe County, Florida Public Records.
ALSO
Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and
more particularly shown on Plat of said STOCK ISLAND made by George
L. McDonald and recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida.
Together with the improvements situate thereupon
ALSO
On the Island of Stock Island and being the West one-half (31) of
Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision
of Stock Island, according to George L. McDonald's Map thereof,
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Monroe County, Florida, more
particularly described as follows: Beginning at the intersection of
the mean high water mark of Boca Chica Channel and tshe line
dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of
Stock Island as recorded in Plat Book 1, Page 55, Public Records of
Monroe County, Florida, run northeasterly along the line dividing
Lots 16 and 17 extended into the waters of the Channel for a
distance of 160 feet, thence at right angles southeasterly 50 feet,
thence southwesterly 170 feet more or less, to the mean high water
mark, thence meandering said mean high water mark northwesterly
back to the point of beginning. Containing 0.189 acres, more or
less.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Stock Island, Monroe County,
Florida and being more particularly described by metes and bounds
as follows:
Commencing at the Northwest Corner of Block 44 of the Plat of Stock
Island, as recorded in Plat Book 1, Page 55 of the Public Records
of Monroe County, Florida, bear East along the South line of First
Avenue for a distance of 265 feet, more or less, to a point on the
shore line of Boca Chica Channel, said point also to be known as
the Point of Beginning of the parcel of submerged land hereinafter
described; from said Point of Beginning, continue bearing East for
a distance of 570 feet, more or less, to a point; thence bear South
for a distance of 135 feet, more or less, to a point; thence bear
South 42 degrees 50 minutes West for a distance of 350 feet, more
or less, back to the shore line; thence meander the shore line in a
northwesterly direction for a distance of 450,feet, more or less,
back to the Point of Beginning.
ALSO
A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND"
as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida more particularly described as: Commencing
at the SE corner of Lot 12 of Block 45 said corner to be known as
the point of beginning of the strip of land hereinafter described.
Bear NW'ly along the NE'ly right of way line of Maloney Avenue for i
distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15
feet; thence bear East 300 feet more or less to a point on the
shoreline of Hawk Channel; thence meander the shoreline of Hawk
Channel in a SE'ly direction 40 feet more or less to the Southerly
line of Lot 11, of Block 45; thence bear West along the Southerly
lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the
NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W,
93.15 feet back to the point of beginning.
FILE # 9 8 1 44 2
ALSO BK#1 4 3 5 PG#2 4 7 7
Block 44 on the Island of Stock Island, recorded in Plat book 1,
Page 55, Monroe County, Florida Records, being bounded on the North
by 1st Avenue and on the East by the waters of the Bay, on the
South by Second Avenue and on the West by 1st Street, together with
any riparian rights.
ALSO
Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
SUBJECT to conditions, restrictions and limitations appearing in
the Warranty Deed recorded in Official Record 182, Pages 254 and
255, of the Public Records of Monroe County, Florida.
ALSO
Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
Together with any and all tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
ALSO
That portion of Second Avenue, lying between Block 44 and Block 45
as shown on George L. McDonald's Plat of Stock Island as recorded in
Plat Book 1, Page 55, Public records of Monroe County, Florida.
RONROE COUNTY
OFFICIAL RECORDS
MONROE COUNTY
OFFICIAL RECORDS
FILE # 9 8 1 443
BK#143 5 PG#24
RCD Dec 26 1996 10:16AM
DANNY L KOLHAGE, CLERK
DEED DOC STAMP 721.30
7 2 12/26/1996 DEP CLK
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this,�dday of wee r , 1995,
between BOYD N. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD.
(Grantee), whose post office address is 6401 Maloney Avenue, Key West,
Florida 33040, and whose Tax Identification Number is is being applied
for,
WITNESSETH, that Grantor, for and in consideration of a 35.4015%
interest in BOYD'S CAMPGROUND, LTD., and other good and valuable
consideration in hand paid by Grantee, the receipt of which is
acknowledged, quitclaims to Grantee and Grantee's heirs, executors,
administrators, and assigns forever all of the right, title, and
interest of Grantor in the following described land situated in MONROE
County, Florida:
SEE ATTACHED EXHIBIT "A"
Tax Parcel Identification Numbers:
00125720-000000; 00125670-000000; 00125690-000000 00//.00.�0-000000
00125700-000000; 00125710-000000; 00160030-000000.
Signed in the presence of:
( a )
(print)
Witness
'A
tur
N Rg
dawr,-T-01V (print)
Witness
STATE OF FLORIDA
COUNTY OF MONROE
(sig e)
BOYD 1 .• ILTON
Grantor
The foregoing instrument was acknowledged before me by BOYD N. HAMILTON,
who identified this instrument as his Quitclaim Deed, and who signed the
instrument willingly.
Swo o before me on"�j$7y/q�f' by BOYD N. HAMILTON, who (is
ersonally known to m (produced as identification).
!pY PV ROBERT W. JONES
COMMISSION # CC48MI7 Notary Publi , State of Florida
EXPIRES AUG 16,1999 Print name: jjq�gL-.QT4J �G'n1GS
GG BONDEDTHRU
aF� ATLANTIC BONDING CO..INC, Commission No.: ed
My commission expires: ll�. / y99'
(SEAL)
This instrument was prepared by:
Daniel H. Hamilton, Esq.
818 White Street
Key West, FL 33040
EXHIBIT "A" FII,E # 9 8 1 4 4 3
Page 1 B K#s 4 3 5 P G#2 4 7 3
All of Lots 13 and 14, of Block 45, according to George L.
MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section
35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South,
Range 25 East, said Plat being recorded in Plat Book 1, Page 55,
Monroe County, Florida Public Records.
ALSO
Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and
more particularly shown on Plat of said STOCK ISLAND made by George
L. McDonald and recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida.
Together with the improvements situate thereupon
ALSO
On the Island of Stock Island and being the West one-half (�) of
Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision
of Stock Island, according to George L. McDonald's Map thereof,
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Monroe County, Florida, more
particularly described as follows: Beginning at the intersection of
the mean high water mark of Boca Chica Channel and the line
dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of
Stock Island as recorded in Plat Book 1, Page 55, Public Records of
Monroe County, Florida, run northeasterly along the line dividing
Lots 16 and 17 extended into the waters of the Channel for a
distance of 160 feet, thence at right angles southeasterly 50 feet,
thence southwesterly 170 feet more or less, to the mean high water
mark, thence meandering said mean high water mark northwesterly
back to the point of beginning. Containing 0.189 acres, more or
less.
ALSO
:a
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Stock Island, Monroe County,
Florida and being more particularly described by metes and bounds
as follows:
Commencing at the Northwest Corner of Block 44 of the Plat of Stock
Island, as recorded in Plat Book 1, Page 55 of the Public Records
of Monroe County, Florida, bear East along the South line of First
Avenue for a distance of 265 feet, more or less, to a point on the
shore line of Boca Chica Channel, said point also to be known as
the Point of Beginning of the parcel of submerged land hereinafter
described; from said Point of Beginning, continue bearing East for
a distance of 570 feet, more or less, to a point; thence bear South
for a distance of 135 feet, more or less, to a point; thence bear
South 42 degrees 50 minutes West for a distance of 350 feet, more
or less, back to the shore line; thence meander the shore line in a
northwesterly direction for a distance of 450.feet, more or less,
back to the Point of Beginning.
ALSO
A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND"
as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida more particularly described as: Commencing
at the SE corner of Lot 12 of Block 45 said corner to be known as
the point of beginning of the strip of land hereinafter described.
Bear NW'ly along the NE'ly right of way line of Maloney Avenue for
distance of 50 feet; thence bear N 42 degrees 50 minutes E. 93.15
feet; thence bear East 300 feet more or less to a point on the
shoreline of Hawk Channel; thence meander the shoreline of Hawk
Channel in a SE'ly direction 40 feet more or less to the Southerly
line of Lot 11, of Block 45; thence bear West along the Southerly
lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the
10
NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W,
93.15 feet back to the point of beginning.
FILE # 9 8 1 4 4 3
ALSO BK#1 4 3 5 PG#2 4 7 4
Block 44 on the Island of Stock Island, recorded in Plat book 1,
Page 55, Monroe County, Florida Records, being bounded on the North
by 1st Avenue and on the East by the waters of the Bay, on the
South by Second Avenue and on the West by 1st Street, together with
any riparian rights.
PA 4:101
Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
SUBJECT to conditions, restrictions and limitations appearing in
the Warranty Deed recorded in Official Record 182, Pages 254 and
255, of the Public Records of Monroe County, Florida.
ALSO
Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
Together with any and all tenements, hereditaments and
appurtenances thereunto belonging or in anywise appgrtaining.
ALSO
That portion of Second Avenue, lying between Block 44 and Block 45
as shown on George L. McDonald's Plat of Stock Island as recorded in
Plat Book 1, Page 55, Public records of Monroe County, Florida.
MONROE COUNTY
OFFICIAL RECORDS
- 7-10-1995 2.02AM
i
I
FROM_
uc 374 "a 620
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pta+useml lead st Ilw Sbls of FWUk %Ww svdwft W law. for and in aisidaatioa ad ter outs I
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Mica Channel in section
:. Stock Island, Monroe
,cuiarly described by
of Block 44 of the pint
book 1. Itage 55 of the
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stance of 265 feet, more
1e of I9oca CAica tAtannei.
point of Uginnirq of the
desaribedy from said
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to a pointy thence bear
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ce of 4SO feet, xm* or
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*am% Now w Iew. 6d vas
and Mae to dw Coasty aL Men,Ta is aaW Stab of rt IML
TO HAVE AND TO HOLD tee abe" PxaW and dewnbed pve doss hmwvw. m
SAVING AND RESERVING upto the mW Tn uUm of tlrs latenal )niprowtnatt es to Sato
at 1lerid., aai theq tw.1, " ue .1 .. teNLAMR.ADAMS
el au pee.pe.y
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btJVJW. etar/ssar its
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1
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WARRANTY DEED
�. •%�JiJt3
Thus INDENTURE, Made this ;4th d&y of Janwry,. A., D. 1963, between THL;, ;a
FLORIDA4,NATIONAL BANK AT KEY WEST, a corporation exis;ink under the•lXws
1 o(the United Statetw, ifornsesriy THE FIRST NAT[ONAL BANK OF KEY WEST "a
Seri,,
do+'f corpoi:at on organized under the national banking lawn of the VnfCt d $taletij, having
r its principal place of business in the County of Monroe and State tit Florida, party
of the fi rrrt part. and BOYD N HAMILTON and ELS,11E M. F11y,MILTON, husbon ry�k
o4i,. ,. ..' r 'tl�r•: ( l•. ,. 1c., �"j!ri1N;•>,q��N>K
41!�, whviiet p::'rmanent addrass is 113b 3ohnson Strout, Key Wetbt. Floridh, lathe
,r County A Monroe, and State of Florida, parties of ihr second part.
WITNZSSETFi, That the said party of the first part, for and in . i,nsidcr-tti(iri of
this sum of Twenty -Two 'thousand Dollars I$ZZ; 000. 00), to it in hand paid, the
receipt whereof is hereby acknowledged. has granted. bargained. gold, alienvd,
remised, rcicam:id, conveyed and confirmed, anti by these presevlts d„ih grcu.l,
bargain. sell, ali„n, ra-mime. release, ronvey, rind ,oniirm unto the swirl li:rrris.,
cif thw m., mid !tart, and their heirs: ;and :,r'.ignx ftprever, ;t11 th.ii rert.un p:rr•.+�i •f
lasul lying and 1'x•ing iri the Guunty of M„tiruc• :slid State Fit F Lorrfla, rri01-4• 10,, ,ir,rrl,
das, rr4od ax fosT,,.vs:
Bit-, 1, -1-1 rin the inland of Stock Island, re ord,•d it, Pl.it Its„±h al, ;,:.s:. S".
M,mr,w C:uurity, florid:, Rec-ords, Thing bounded on the N•.ril by' Is? Av,'-
mw :.roil on IN: Fwtt by the watt:rq (of the Say. on the: South !a�• Sr. -and Ave-
nw. and :,ti thr wvmll by lta Slrtrt•t. togethvr with :uiy riparian rights,
TOGS VI1F R with Al t1w tencniarrtx, hs:re dit:riTu uts anrI ;,prnrrtr n:,t.• t•g, will, cvvrii
prtvil.•y.•. ri,;lit. hits, mterrst atnd asrale, rr•vrrsi•,n,
therct,. !n•i.,,ikirtlt ..r in .inywi%e :411l,rriamirin:
TO 11A VE AND CU HOLD the ;name in fee simple: fr,rever-.
Alai tlrr• saiel 1xii-tv of the first p.irt duth covrnant with th, ;:list
h,,rt th;.t it is Lrw•fully aeiz,•d ,1 tht said prvinit;rs; that rhu} ;,ry frrr to ,Li ,nttim.
br:snces, and that it has good right gird lawful authority to sell th.• ,a;rrn, . u,'d lhir'
party of the first yart does 1wrcby fully warrant the title to said land, ;,,ad will dc•t,
tha rsatriu ;iwainst the lawful .'l:iims of all persons whomsoever,
IN WITNESS WHEREOp. the said party of the first part has caused thcstt Prvsent�
to be signed in its name by its President, and its corporate seal to be affixed•, ;tttcsted
7-10-1995 2:04AM FRCM
r.a
FV
tr, 1Vietna rr ca:r to both Aignaturos.
)C1.tua.z ;ti+ t.• both gignatur r..
I•ATE uh 1•'IA)ItIDA,
yr. -
t c)t:N i ) CIF• t4c>%i:UF:,
1 11KRE:m, t. ` , �1•:1t'TiFI�. �rrir+t ton tier -: d-.) of .l nni:,r\ . A. f> i-,,;
(,•rTd, n,,llt n,jvjw,rvd J. J. YINDY.11 •Li.d fiAT11LEMN WATKINS.
')f 1'11E F•uxum \ATIONAI, HANK AT KEY WEST;
111 (i.; 1• t:i(' i,,Kn of 11,1• 1111:1. tl Sl,tle.•i. to ail.• 1.fU W41 to 1r.• ttl.' 1,.'1'M.,,� <ir r,•
,I v . , ti.•. wod•ncc iorem,,ing ,w\v)—un t to itO1'U 1, IIAAli1.l IN ,1 1:'.•;1l,
I1..,\1:I I i11. nuSIL,d :utd W f' \\!i•.S.1i,'t•ni.m.•Ill :,<ldrv*1s 17 It, i,.y, . �•�, ,
1: " tl• I••l•.rad .rsA :4v.ver.tIit ., hrtuttli•fl..'t! 11`t' c ,l!;t,ll rl'r
f?•. i,.d dcotf .,n ot4o, toff:.rrr.. f:,r Ott, ti-ty. ;told i:rt,rlh,.r. "14
-md lhat I'wy ;iffic.•d lher►1t4o (lie official real of said rurpcaratluA. .Intl tht'
instrumviii :4 tht• .ttt a.id deed of said .orporation.
W1•r\F�SS n1) signature and official seal at Kc)' t1'42st, i„ tht• C.,untN .,f V••or.,. ,1'!0
S(,tlo of Florida, the day and year l,ivt ,#foruwaid.
MS a) 4r,W 'lop
y`vlt��
1
rietary Public. State of Florida +aI La rye.
My commission cxpires:
Rotor) Atbti4 "310- Of
MY Cwttrtiztusl E4464 Aw. L :9oa
. Z_
7-1e-1995 2:OSAM FRC"` P.5
.i., '., e'•':.i ,.. ,'1 "far Jrt� ~ •''�'da!'IL. ;fir r
` R.w uts Nwi4 MORE t!lZaD. 1'' Y 1rswterfi uLle.r.o�►,est
rl'.�'',l� u
r.. F, ' /' p`}�'r �r � .4'���Krb +t� %,,, �•i+ f � r�irthrYt �' J rr -5
-' Ularwvr ird M..Ne+ fl. �tr:.}'I�•�Y' iArrlf 1weIW. r�► ArOv. !w«wt e.r„ri.,rr N . �.',{ {, ,
r �. ,...,wrw. ar.f. M',dM s./,i1 NtlM,trlV McNn WrN. MMir.. yfM'n��.p.:rur.kr' rr• �y?•
,irplrP. N., rrr y/ rirr 1isJ.r .As)r N ! •+ ,�
.t•r •! n:t-CV.J,r,aN•r.rfw+}/VM'w'041'.4,W iwrfr,4. ZN•rrrb••: Ai r•ww ,nw•w,�.J 1ww .
%•t•f•11let/ the 25th• ,. 'hill January, .l. 1,. 1963 .
l,y BOYD N. i'IA,MILTON acid. ELSIE M. HAMILTON, husband and wifo., rr':
Motirua , ►�" "fer11J111%; ilrj/r:",r' FI'arida jJltrli/ u�
lhrlirxl Pilrl,. hfr�riu(l%Ier,t'ulhnl,lhr►.Ih,rld4410r, lu THE FLORIDA NATIONAL BAN,
AT KEY WEST,
! rt rur/,urr/lir.,, r.ri.vll„� ii„rlar IItP lu/!x rr% //►r)XIACcM United Status
j I) /xi)-ty IJl' /her :errrll1ll p///•/, hPrelitafh'r r eille l lllr� rllrN'1 i1}fY ' 1
>
�� :;;:: ;:r' �rI/J/I rrurl' ruhrnLli cr/,.irlr,nii,J►ir: ,11/// nI a t// v, ,,,,.I r�, 1hI/! f/r cllr�'rx
�! 1'/1i,•�%rl/'1%l1illN Ir/, lllt' _!I�i�l•JY'.4111P asim, namril hi the /Nil1' q/' f'Y,'J/ eleJ1(' her? f
I! !!'!l•rr, llr'!','.//,/Il,': r%I'.�l'1'///rfl/ M,r.�li(1.111/1'l�fl�il/'. /1/II'.: �1'll,fl• !!r//',r`'J,llJr xeil. 111,,'lJ• 1'r'm;s, ,
r I
yl 1•I'1r',/Prl',.r•U//I'N I! owl ,'�rlJllrm, N/IIA /11e' �(,/IJ ,II�IJ'he1 ,^rr, !11 ♦+'1' NlIN/,1f'� 1/!!' /11r/% r,I b,l,I
//'IJi / 1,�' lapel• u/' Ir•I/irli //t/' xai/l :alrir•l;;i/ynr ix /i�irr oeai:re/ trrrr! !/r,xX1',•,.',vl, rI/Ie1 in r„•l,rrr!
if lI/a�' rf:�fxfl/,ii .tt/ll/r!!/' ill. Monroe Cri,r„/!/, Sif/le•'Jl' 1-11'rl,111, r/e:Y,'I1GI r/ i
I. �{ Block 44 on the Island of Stock Island, recorded in Plat Buok HI, park. 55.
Monroe County. Florida Records, being bounded on the North by i st Avenue
and on the Enst by the waters of the Day, on the South by St'iund Av,:nut- .itul ,
rn, the• We at tJy I st Strut, together with any riparian rights, !
j i
tP pyn►rM of irsrt Zvi &*. a ! ,
ru Ftr {w :wii to MOW 20724. i&ws o:
f Mt R 40'K, M Tu CN4dnr. M�eOs c n,u ry , r • .
q ' (
• ,� i i11 I1:rii.� P1i , e.�k.. r/ ►\J �.:...... �. ... . iw i
t
THIS IS A PURCHASE MONEY MORTGAGE.
i
r
_ 7-10-1995 2.06AM FROG
P. 6
r 'O Tate tittd to I101�1 1A. saW, fojrlAr. tafNk. W, Mname# lY+►ti+I>,.,-
,N,..r a,Ifl el.0 rerrtr,irfarf s, rutfo fire said Atorlra�rr In ire On
pls
AfiQ arrrd�IlarfQrr,orrloPtrvvulrwrnl.reifhSail.liarl�*FferthatstliNjfwfl i4jpr'
!s eNi/:;(rru.r4l,J/Yri of ,arid laid in ire Wimpy"; th+N the 100PI rllhrl kiQiH•' het •;)ielif T!..
•` J tpagNr ppr! jtlf%`r11 r'i{/Irl to rrNr+vl1 artirl lu)ir% %b fCr xiurlrlr nx. rI/'arr'arrlil; ►htrl if sh.fll.bi'
jtJell►rl;/%v wtill :hurl;ru$i'•t• u/ tell liorf!x, /1M�trvfJdrt vr,rr/ rlalrlll/ 1n ruler r<jns: lii„�.9, 7.
a M; ti,' rueia/p% uu,I ri{%uJ.xai•l hlhr/: /heel rn&l' L/nl! •,!x free f/y,111 INiarrrnrL►rlge-, r -tlur� ern.P :('
trotoit*fP Wit nilike Alit -if jilrUrff•116rtl1rrfrr.•rt /to /arf'rl•% Ihr /i•i• xinr/ilf f-.sf ' Ira ki,if
al )lrirhiaii, ills Wily Avvlxwiq l[ I/n lv yrur..l; n,rl/' Mio ittlid
+Ji, +.v /ir•rr IN/ j'rrlll/ rrnoivrlll Nn• Tilly hi dread lrlljil alit/ Trill r/rleml Mt, .yirnr...rgrrit.rl
rr%iunixrie•exr.
J-Pri' ti ir(t'¢ A N"UVS, that i f .wr)rl.11rir/�rr►,r x/err/I /NOY +rids /hr• xrtrd 1%tirl�ar*r
lli 4•i'r-/rJ/,'r /rrdi„/.,vur'�; r!qi, r,r' wo'lic r tllr• l'ullnlrilr;,•' ire rrnr hi_rl,rd /r,; prrx ix it b•ifr,
irtl; ;
>t Ga 000. 06 .: Key Wesc, Florida. Januuey 25, Doti,
Far value re.eived,, we promise to pay to ",order of THIC FLORiDA NA' I"MAl
B NIC;A:T KAY.WZST, a, corporation,exlsdng Under the laws of thAt V114tet#
►"1P`s �safei+tf ofi3cde. totated ie'tbe'Citji'o!'1Csyr'1Nsit: >rlorfda. tfte'prtnclpaf s
r+f Fifteen Thousand Dollar* ($IS.000.00), in twenty (20) semi-Onnual installntentM
' 'ol;Seven Hundred Fifty Uollsrs($7SQ OQ) each. the first of said, installments e�
be,irime due arnd payable six (6) months after date', and one of said tn*talLsi.eats tat.
lali,dum, each, six months thereafter until said principal sum is paid itl full." prili.. t-
pal payment to be made on each ;Sth day, of July and January after date. a g,riber
with interest thereon at the rate of at% per cent (6%) per annum upon the unpaid
bmInner of said note until fully paid. Interest payable semi-annually and to be
ot, putcd upon the Wait%a of principal, remaining unpaid at the con'.;rten_err er,i ..!
et• h sorii-annual interest period,
rlie rigltt I reserved to the maker& of this note to prepay all or any is rt of taw
p.rint:ipal indebtedness represented hereby, with • orresp�nding al,atci.:e„t . t
4ata• re st.
In Ow event :,f default for a period of thirty (30) days in the p:fy,vent of a„y •1 :' t`
nrn,:t, :,f to-„ney due hereunder. either principal or interest, the holde; or
e '.r, v n.re rcr*y, at its, his, her. or their option, eiert t,r declare the cut r,
-ti,inf principal then remaining unpaid asimn,edletely due and payable.
rnrrrup,u t:re right of tho makers of this note to pay the manta in install,, etc
r,enrs 1112ll itrarttediately cease and deterrr,tne.
ISe. ,esker.. and endorsers of this note hereby agree to waive den.amt, fl.rt, r
.:rt-;>.tiwent and protest, and in case suit shall be brought fur the ,cite,ti.,t,
or rho same has to be 7olle••ted upon demand of xn attorney, rn pi,
:cae,rstat•lo attorneys fees for making curb CAleJton. r,Neferred !atet-est :,.:, •
t ,bear .:&crest frona maturity at six per cent (6501 per ar,nur,-
I
' /�rli Rued K, FLun,lr, a.
Boyd N. Har:,ilto.
Ririe ,&t. k3rtmiiion
,rn., �n•ri! 1,,11,rm, "I" ,/,, ;rill, ,J r / ril.l,b' !N) ru,'b ,r,r,l n Yy fb, .:/i/,rri„ •,, ,:r,. ..
.,. r,r., .,r,•/, r•agv ,J."/ , •uv,r.0 rr l a- ,.1 .0 id /u•npl•-
l.'..l r, err Ire„ •..l.Ih le', ,, r,-/ r . ,11, ,! St"11! 1,14 l., air 11 ,l.r,l rw./
Q !l�r.vrflr/,1/ar1,�,r,,•r lr•'rrby rnr •'nrrblx veal .r�r,,:=
! I'n r.•ly rI/1 a,r,/ ,ib;jrr lNP Ihr /,rin, i1mil ,ru,l inl, v. x/ ,r Ur! ,dk, r cglrrn ••i' ,,, .'., , i
r"r.pr;,/, br/ r%r'/rle I,/' .Wei,! /n'•,IN i.inr,pf/ rrrilr oral Mir r/r,•,!, u/ ,'1 /!i,'1•, pees&, /,l,q .,,r re';.
rIrr of y /It., xaMi, z,v-.vvrl/q route rife.
P, /ref,/ rf/I 00N11 sitrg,rht,• 1/00• Nr.l-r,c, rrxxr•Xxlnrq/.a, Lv'ir..- liuliililir,r. nhli-,f/ir-N„
rr+r,/ O'NOWlot brisnerx'if rv•r•,•I ueffrfir re f. xrtirl r/rxr•rilr.v! her,/r.yly rrii•ll .fur/ erW-11, •NN/ rl.
fill, Pubmra br• not 'ist"w/,111t Weill lief' itrlill .1)ibtles-der lorry a! flity Nine tray Me,Ifrrrr.
rr•i/leant ayfirlArd nrI►tjl-4.1a;, !hr'ryifino la %alrl•Irutr n,' fl,fr/ ri-Ohl hf•n•rruder., anfl rr"111
n /xf,rrr•ffl xr, fatale sAel/ /w•ur irtle" sl frons.the r/elr I/nvrr./'rN Me sate of cis,
(6_ r per
crest. leer rRnlHtRf. ; •
1'7-10-1995 2:07AM
FROV—
I am. Una
11W eitra<itUt 't Pit
aii thel. /�Jro 01 jha: jwhl
4adipok ir"flilj&i 0 Mgt
Migi and 1W d..
V.Rvek lKiyiggief. 4.4 Je.0 its
APlr'tIft ir'dig
C--) Assol ;'theNlirwurablo value. -4 , it oyvj�,
em 'T
T'
I*Nf 00 1*104-0 JA
-rttv
'Al, Mr.-Iloot Igo 0, Ifit;
oi, bif ri, tur tof It, iv ' 1111. 01141,11 /dol"', ill;/ PIPM Pre"frle
-mijeew! tioty poto 111 -1411.101 ,1'
Ilia tit A,
to if , A 1 0 - it 'If it it �qb'rfl too oil j/0"O"'s? to - I "m
[tit
(6- 1iit liv
r4) pernidowninit tor suffer, Alp
fit Im,;� lc, S."folof ri'velortintit..hoo w1fid prionlixXory lomfe, ollill id,
I A1,11 $,I' .0111id Vlj b) Ot wou ooll he*-;i-in ov-jeroed
Is thirty ( M) - ......rlrrgv rJi.rJ of oil,,. find Imoy,64i
fir,' clovh atirl •J."ililiti"O'A I,00/ l"Or, ipliol.t
wole, it,,; 11WA th-vit ur, riflif"01. oil#- lied Yil/,f to'• fil;to..00, 4. C."fof 1!1,, " to-11/0 fill'i
oorbid, 4, /tit: ?ho- Y,sj(l xt"fol opt silifool't'rof ill , W,4,14 powillis-411 le"o"/Pf/;
a. dt,, rivi poorjuf4b- lo-i-Mirith elt, diewlifte)- ill Ad, "14ioli-f Ag. . 11", /-(1 lix jW/ft Stood
o,
Jhpkp/lb t4y its Ole whl 'dfu.rr�firts, slim .-/' Fifteen Thousand---.....- . . . . ....
. . . . . . . . . . . . . . . . . . . . stiploborl'.4 to, A. lwoi3Ol flit Sle;-li lop
nah, or hei-t-I'l to /Aw
1.
rt
it
sof his t
'p-00'.
will 114-fisrri-.1 j"
W f inoi
ain p n
An e*'S's as t5 Wh sijoaWre.s.. Elsie M. Hamilton
7-10-199S 2:08AM FROM ---
P. 8
mil•
ON � trs �• a yt�#+++s
(�urtr: of M ROE,i � r
.Ijilv,l'It' I Arhrf'irrl so, fait r rwCnr,Nj�rf1Jnrrllh ^/ a/. rrlx it+r,vltll�+�
r,. liJJr t ,,1 /Hr .Yll1/e .rf 1%itit/Ilr dfrl(1 'dillf. N/ NRlt UP!(A r ,.rani; ' 1 •jN'^R ;µ .
r.
BOYD -. HAMILI'DA':ind'L`ts1E INt' tIAM1Li01�[ 'husband a>yd wtt�:,' i+Y ''
/ i, I !f h, Ih&r !lrrl/ Jrrrar.+lyll� ,rllJsr��larl q p.( /r ,t n'•.r r. rlar�l � , ;� .I
the) l:rr/u/•'�l;lkr )r!H t.,l.n /l,r,rt�!!ia.nlryl. LtiLat� .r ri
r '/ a, rJ ll,, ve / 1iJ lWYIII � IIfUb jliq . rl/�I Nr X'Urrr levil,l�rNr to IM Il(! ,',f,r, '•/-t h, y rf, !<r
Tr! ! u,1W r,rvrlt!1r
I.
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1: 11!•!I ,. h., rlru r1„J/ 1r t'/'Ab!lr Lrl fl J/!rl'r .!lfrJ ry1rr1 �i�i{1�rr IJ'!<•r(L4l:.iu�
F.. ��++ pi'/p:ji�j1/�lJ/ ilrI fr /rnrNJI H!rr•lYi.r /r1l,Jt/rhr•1. r^jRl,/i/r!.//lh,r�y!rat1l,'laAl/lllrer,.r�l�tl►/drl ►lJirc('fr,Jtrrdlop, p `rr, 'qrf/ ,dMAir t1r,,'5r,RI!1r r,' {it
1
r ri•. I� llrr / w p rlrllhrr�•,/r !r rlir, / R'?tr/%r r! 7�( rrt.'r • r w.
f br r ),l,. ,r/ I ,/ q°b//!+J ,�Il.r 'Pill, fill
Kt i• west n I ! ,u►,/f lirrl r s k
At
u,/ r „rr�»r►�aimr' J!'.T lf.JJd. 4 T�03 -
(t •1i,�rIf711'rrl,lrr•, State of F''
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MONROE COUNTY
OFFICIAL RECORDS
FILE #9E33-442
BK# 1. 4 3 5 PG# 2 4 6 9
RCD Dec 26 1996 10.14AM
DANNY L KOLRAGE, CLERK
DEED DOC STAt+(� B721.30
12/26/1996 �''77��'' DEP CLK
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this — day of , 1995,
between ELSIE M. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD.
(Grantee), whose post office address is 6401 Maloney Avenue, Key West,
Florida 33040, and whose Tax Identification Number is is being applied
for,
WITNESSETH, that Grantor, for and in consideration of a 35.4015%
interest in BOYD'S CAMPGROUND, LTD., and other good and valuable
consideration in hand paid by Grantee, the receipt of which is
acknowledged, quitclaims to Grantee and Grantee's heirs, executors,
administrators, and assigns forever all of the right, title, and
interest of Grantor in the following described land situated in MONROE
County, Florida:
SEE ATTACHED EXHIBIT "A"
Tax Parcel Identification Numbers:
00125720-000000; 00125670-000000; 00125690-000000 Gt716Gt7 �p
00125700-000000; 00125710-000000; 00160030-000000.
Signed in the presence of:
n r / &(sig re) •
c��,l�
��
79/l/ (print) ELSIE M. HAMILTON
Witness Grantor
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me by ELSIE M.
HAMILTON, who identified this instrument as her Quitclaim Deed, and who
signed the instrument will'r
Sworn to before me on 'b y ELSIE M. HAMILTON, who (is
personally known to me) (produc as identification).
OFFICIAL NOTARY SEAL
CYNTHIA M CAPAS
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC289620
MY COMMISSION EXP. MAY 25,1997
(SEAL)
This instrument was prepared by:
Daniel H. Hamilton, Esq.
818 White Street
Key West, FL 33040
Public, State of Florida
Commission No.:
My commission expires
FILE # 9 8 2 4 4. 2
EXHIBIT "A" BK# 1 4 3 5 PG# 2 4 7 0
Page 1
All of Lots 13 and 14, of Block 45, according to George L.
MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section
35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South,
Range 25 East, said Plat being recorded in Plat Book 1, Page 55,
Monroe County, Florida Public Records.
ALSO
Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and
more particularly shown on Plat of said STOCK ISLAND made by George
L. McDonald and recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida.
Together with the improvements situate thereupon
ALSO
On the Island of Stock Island and being the West one-half (�) of
Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision
of Stock Island, according to George L. McDonald's Map thereof,
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Monroe County, Florida, more
particularly described as follows: Beginning at the intersection of
the mean high water mark of Boca Chica Channel and the line
dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of
Stock Island as recorded in Plat Book 1, Page 55, Public Records of
Monroe County, Florida, run northeasterly along the line dividing
Lots 16 and 17 extended into the waters of the Channel for a
distance of 160 feet, thence at right angles southeasterly 50 feet,
thence southwesterly 170 feet more or less, to the mean high water
mark, thence meandering said mean high water mark northwesterly
back to the point of beginning. Containing 0.189 acres, more or
less.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Stock Island, Monroe County,
Florida and being more particularly described by metes and bounds
as follows:
Commencing at the Northwest Corner of Block 44 of the Plat of Stock
Island, as recorded in Plat Book 1, Page 55 of the Public Records
of Monroe County, Florida, bear East along the South line of First
Avenue for a distance of 265 feet, more or less, to a point on the
shore line of Boca Chica Channel, said point also to be known as
the Point of Beginning of the parcel of submerged land hereinafter
described; from said Point of Beginning, continue bearing East for
a distance of 570 feet, more or less, to a point; thence bear South
for a distance of 135 feet, more or less, to a point; thence bear
South 42 degrees 50 minutes West for a distance of 350 feet, more
or less, back to the shore line; thence meander the shore line in a
northwesterly direction for a distance of 450.feet, more or less,
back to the Point of Beginning.
ALSO
A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND"
as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida more particularly described as: Commencing
at the SE corner of Lot 12 of Block 45 said corner to be known as
the point of beginning of the strip of land hereinafter described.
Bear NW'ly along the NE'ly right of way line of Maloney Avenue for z
distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15
feet; thence bear East 300 feet more or less to a point on the
shoreline of Hawk Channel; thence meander the shoreline of Hawk
Channel in a SE'ly direction 40 feet more or less to the Southerly
line of Lot 11, of Block 45; thence bear West along the Southerly
lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the
NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W,
93.15 feet back to the point of beginning.
FILE # 9 8 1 4 4 2
ALSO BK#1 4 3 5 PG#2 4 7 1
Block 44 on the Island of Stock Island, recorded in Plat book 1,
Page 55, Monroe County, Florida Records, being bounded on the North
by 1st Avenue and on the East by the waters of the Bay, on the
South by Second Avenue and on the West by 1st Street, together with
any riparian rights.
ALSO
Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
SUBJECT to conditions, restrictions and limitations appearing in
the Warranty Deed recorded in Official Record 182, Pages 254 and
255, of the Public Records of Monroe County, Florida.
ALSO
Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
Together with any and all tenements, hereditaments and
appurtenances thereunto belonging or in anywise app-gXtaining.
That portion of Second Avenue, lying between Block 44 and Block 45
as shown on George L. McDonald's Plat of Stock Island as recorded in
Plat Book 1, Page 55, Public records of Monroe County, Florida.
MONROE COUNTY
OFFICIAL RECORDS
MONROE COUNTY
OFFICIAL RECORDS
FILE # 9 E3 1 443
BK#143 5 PG#24
RCD Dec 26 1996 10:16AM
DANNY L KOLHAGE, CLERK
DEED DOC STAMP 721.30
7 2 12/26/1996 DEP CLK
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this_�Yday of , 1995,
between BOYD N. HAMILTON (Grantor) and BOYD'S CAMPGROUND, LTD.
(Grantee), whose post office address is 6401 Maloney Avenue, Key West,
Florida 33040, and whose Tax Identification Number is is being applied
for,
WITNESSETH, that Grantor, for and in consideration of a 35.4015%
interest in BOYD'S CAMPGROUND, LTD., and other good and valuable
consideration in hand paid by Grantee, the receipt of which is
acknowledged, quitclaims to Grantee and Grantee's heirs, executors,
administrators, and assigns forever all of the right, title, and
interest of Grantor in the following described land situated in MONROE
County, Florida:
SEE ATTACHED EXHIBIT "A"
Tax Parcel Identification Numbers:
00125720-000000; 00125670-000000; 00125690-000000 00//-00-'A0-000000
00125700-000000; 00125710-000000; 00160030-000000.
Signed in the presence of:
( a )
(print)
Witness
/�i tur
dU .
/f RY B p�l�,ntrToiy (print)
Witness
STATE OF FLORIDA
COUNTY OF MONROE
GL�
(sig e)
BOYD AMILTON
Grantor
The foregoing instrument was acknowledged before me by BOYD N. HAMILTON,
who identified this instrument as his Quitclaim Deed, and who signed the
instrument willingly.
Swo efore me on % //g/jj$O/ 5, by BOYD N. HAMILTON, who (is
ersonally known to m (produced as identification).
e��Vv&e ROBERT W. JONES Notary Publi , State of Florida
=O AG, CCMMIss1oN # CC 4W917
EXPIRES AUG 16, 19N Print name: /ong_r-.e%!J j,-O V_L-S
BONDED THRU
�EpF fl� ATLANTIC SONDINe CO., INC. Commission No.: Cd
My commission expires: 4,*6. / //99j
(SEAL)
This instrument was prepared by:
Daniel H. Hamilton, Esq.
818 White Street
Key West, FL 33040
EXHIBIT "A" FILE # 9 8 1 4 4 3
Page 1 BK# 1 4 :3 5 PG# 2 4 7 3
All of Lots 13 and 14, of Block 45, according to George L.
MacDonald's Plat or Subdivision of Lots 1, 2, 3, 5 and 6 of Section
35, Lot 2 of Section 36, Lot 3 of Section 34, Township 67 South,
Range 25 East, said Plat being recorded in Plat Book 1, Page 55,
Monroe County, Florida Public Records.
ALSO
Lots 15 and 16, Square 45, on the Island known as STOCK ISLAND and
more particularly shown on Plat of said STOCK ISLAND made by George
L. McDonald and recorded in Plat Book 1, Page 55, of the Public
Records of Monroe County, Florida.
Together with the improvements situate thereupon
PAIRED
On the Island of Stock Island and being the West one-half (;i) of
Lot Seventeen (17), Block Forty-five (45), of Maloney's Subdivision
of Stock Island, according to George L. McDonald's Map thereof,
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida.
ALSO
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Monroe County, Florida, more
particularly described as follows: Beginning at the intersection of
the mean high water mark of Boca Chica Channel and the line
dividing Lots 16 and 17 of Square 45 of Maloney's Subdivision of
Stock Island as record.:�d in Plat Book 1, Page 55, Public Records of
Monroe County, Florida, run northeasterly along the line dividing
Lots 16 and 17 extended into the waters of the Channel for a
distance of 160 feet, thence at right angles southeasterly 50 feet,
thence southwesterly 170 feet more or less, to the mean high water
mark, thence meandering said mean high water mark northwesterly
back to the point of beginning. Containing 0.189 acres, more or
less.
ALSO
0
A parcel of submerged land in Boca Chica Channel in Section 35,
Township 67 South, Range 25 East, Stock Island, Monroe County,
Florida and being more particularly described by metes and bounds
as follows:
Commencing at the Northwest Corner of Block 44 of the Plat of Stock
Island, as recorded in Plat Book 1, Page 55 of the Public Records
of Monroe County, Florida, bear East along the South line of First
Avenue for a distance of 265 feet, more or less, to a point on the
shore line of Boca Chica Channel, said point also to be known as
the Point of Beginning of the parcel of submerged land hereinafter
described; from said Point of Beginning, continue bearing East for
a distance of 570 feet, more or less, to a point; thence bear South
for a distance of 135 feet, more or less, to a point; thence bear
South 42 degrees 50 minutes West for a distance of 350 feet, more
or less, back to the shore line; thence meander the shore line in a
northwesterly direction for a distance of 450.feet, more or less,
back to the Point of Beginning.
ALSO
A strip of land in a part of Block 45 of the "PLAT OF STOCK ISLAND"
as recorded in Plat Book 1, Page 55, of the Public Records of
Monroe County, Florida more particularly described as: Commencing
at the SE corner of Lot 12 of Block 45 said corner to be known as
the point of beginning of the strip of land hereinafter described.
Bear NW'ly along the NE'ly right of way line of Maloney Avenue for
distance of 50 feet; thence bear N 42 degrees 50 minutes E, 93.15
feet; thence bear East 300 feet more or less to a point on the
shoreline of Hawk Channel; thence meander the shoreline of Hawk
Channel in a SE'ly direction 40 feet more or less to the Southerly
line of Lot 11, of Block 45; thence bear West along the Southerly
lines of Lots 7, 8, 9, 10, and 11, 290 feet, more or less, to the
NE corner of Lot 12; thence bear S 42 degrees, and 50 minutes W,
93.15 feet back to the point of beginning.
FILE # 9 8 1 4 4 3
ALSO BK#1 4 3 5 PG#2 4 7 4
Block 44 on the Island of Stock Island, recorded in Plat book 1,
Page 55, Monroe County, Florida Records, being bounded on the North
by 1st Avenue and on the East by the waters of the Bay, on the
South by Second Avenue and on the West by 1st Street, together with
any riparian rights.
ALSO
Lot 9, Block 2, BAY POINT, AMENDED PLAT, a subdivision located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
SUBJECT to conditions, restrictions and limitations appearing in
the Warranty Deed recorded in Official Record 182, Pages 254 and
255, of the Public Records of Monroe County, Florida.
ALSO
Lot Ten(10), Block Two (2), BAY POINT Amended Plat, located in
Government Lots 1 and 5, Section 8, and Government Lot 1, Section
17, Township 67 South, Range 27 East, Saddlebunch Keys, Monroe
County Florida, as recorded in Plat Book 3, Page 75, of the Public
Records of Monroe County, Florida.
Together with any and all tenements, hereditaments and
appurtenances thereunto belonging or in anywise appertaining.
ALSO
That portion of Second Avenue, lying between Block 44 and Block 45
as shown on George L. McDonald's Plat of Stock Island as recorded in
Plat Book 1, Page 55, Public records of Monroe County, Florida.
MONROE COUNTY
OFFICIAL RECORDS
r 0
Specific Purpose Survey Report to Illustrate legal descriptions
authored by the undersigned of a portion of First Avenue, Stock Island
NOTES
1. The lege/ descriptions shown hereon were authored by the unders{grned
2 Underground foundations and utilities were not located
3 All angles err 90' (,Yeasured & Record) unless otherwise noted
4. This survey is not valid without the signature and the original raised
seal o/ a Florid, h'censed surveyor and mapper.
5 Lands shown hereon were not abstracted for rights-of-wey, easements
ownership; or other instruments of record
9 North Arrow is assumed and based — the Plat.
'. Error of closure exceeds one part in J0,00O
6 Adjoiners are not furnished
9 The descriptions contained herein and s -etch, do not represent a field
Boundary Survey
10 Street address isFirst Avenue. StocA- Jslsnd, Af11P11 County, FL 33040
11. This Specific Purpose Survey Report is not /u/l and complete without the
attached Survey Nap,
SPECIFIC PbRPOSE Sl1RVEY TO 1LL6fSTRATE IS6.4L DESCRIPTIONS
.4I/TfIORED BY THE UNDERSIGNED
PARCEL 1: A parcel of land on Stock Island being a portion of the N'ly
1/2 of First Avenue, lying between the E'ly right of way line of First Street
and the original shoreline of Boca Chica Channel, also lying between Blocks
33 and 44, as shown on George McDonald's Plat of Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida, said parcel being more particularly described by metes and
bounds as follows:
COMMENCE at the SWly corner of the said Block 33, said point also being
the N'ly right of way line of First Avenue and the Ely right of way line of
First Street and run thence Ely along the Nly right of way line of the
said First Avenue for a distance of 24.00 feet to a point, said point being
the Point of Beginning; thence Sly and at right angles for a distance of
30.00 feet to the centerline of the said First Avenue; thence E'ly and at
right angles along the centerline of the said First Avenue for a distance of
235.00 feet to the original shoreline of Boca Chica Channel as shown on
said Plat; thence N'ly with a deflection angle of 104°46'15" to the left and
along the original shoreline of Boca Chloe Channel as shown on said Plat
for a distance of 20.5 feet, more or less, to the apparent Mean High Water
Line of the said Boca Chica Channel; thence meander Wly and NWIy along
the apparent Mean High Water fine of the said Boca Chica Channel for a
distance of 64 feet, more or less, to the N'ly right of way line of the said
First Avenue; thence W'ly and along the N'ly right of way line of the said
First Avenue for a distance of 167 feet, more or less, back to the Point of
Beginning.
PARCEL 2: A parcel of land on Stock Island being a portion of the S'ly
1/2 of First Avenue, lying between the Ely right of way line of First Street
and the original shoreline of Boca Chica Channel, also lying between Blocks
33 and 44, as shown on George McDonald's Plat of Stock Island, as
recorded in Plat Book 1, at Page 55 of the Public Records of Monroe
County, Florida, said parcel being more particularly described by metes and
bounds as follows:
COMMENCE at the NW'ly corner of the said Block 44, said point also being
the S'ly right of way line of First Avenue and the E'ly right of way line of
First Street and run thence Ely along the Sly right of way line of the
said First Avenue for a distance of 32,00 feet to a point, said point being
the Point of Beginning; thence N'ly and at right angles for a distance of
17.50. feet; thence W'ly and at right angles for a distance of 8.00 feet;
thence Nly and at right angles for a distance of 12.50 feet to the
centerline of the said First Avenue; thence Ely and at right angles along
the centerline of the said First Avenue for a distance of 235.00 feet to the
original shoreline of Boca Chice Channel as shown on said Plat; thence S'ly
with a deflection angle of 75'13'45" to the right and along the original
shoreline of Boca Chica Channel as shown on said Plat for a distance of
31.03 feet to the Sly right of way line of the said First Avenue; thence
Wly with a deflection angle 104"46'15" to the right and along the S'ly right
of way line of the said First Avenue for a distance of 234.90 feet beck to
the Point of Beginning.
SPEC/nr PURPOSE SURYEY FOR- Boydi Compyround,•
JNO BY ' LYNN SURVEY/NC, /NC.
_____ ----
J L n O F/ynn, PSI/
F/o 7da Reg. ,j619B
torch /5, 2005
5-1 Two o/ 7wo Shells
NORBY & OTLYNN
Surveying, Inc.
Profsaloaal Land Surveyors
La No. 7131
3430 Duck Ave., Key West. FL 33040
(305) 296-7422 FA% (365) 296-2244
3052945683
T-675 P.001/001 F-627
07-05-2005 11:08
From-FKAA-ENGINEERING
V
Florida Keys
A
Post
1100
Key 1
Telep
WWw
Daniel H. H=ilton
Attorney at Law
13 Birchwood Dr.
Key West, FL 33040
June 28, 2005
RE: Abandon a portion of First St., that separates Blk. 33
and 44 as shown on George McDonald's Plat of Stock Island
Dear Mr. Hamilton:
Mary L. Rice
Chairman
Marathon
J. Robert Dean
Vice- haimian
Key West
Elena Z. Herrera
Secretary/Treasurer
Rockland Key
Rose M. Doll
Big Pine Key
David G. Ritz
Kay Largo
James C_ Reynolds
Executive Director
The FKAA Board of Directors approved at the 6123/05 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 abandomnent since the FKAA has no
facilities in this section of roadway nor is thm any present or future need for any.
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
h •
i
•`���� (305)295-1000
v 1001 James Street
PO Box 6100
energy Key West, FL 33041-6100
\ services www.KeysEnergy.com
UTILITY BOARD OF THE CITY OF KEY WEST
May 19, 2005
Mr. Daniel H. Hamilton
Attorney at Law
13 Birchwood Dr.
Key West, Florida 33040
RE: ROAD ABANDONMENT
First Avenue on Stock Island
Dear Mr. Hamilton:
Keys Energy Services has no objection to the proposed mention abandonment.
If you have any questions, please feel free to contact me at (305) 295-1055.
7avid
ly,
. Price
Asst. Director of Electrical Operations
David. PriceaKgysEnergy.com
DDP/ba
c:
C. Jansen, General Manager & CEO
D. Finigan, Director of Electrical Operations
07/13/05 09:51 35 4 305 293 9301
iLL-06-2005 17:13 FROM: * I
NO.378 P002/002
TOI130SR969032 P.004
W.
To Monroe County:
Upon mwew of the Specific F
Norby & O'Flymn SurveyinX
(Murk to one brat applies)
does roe objea to the
se Survey of a portion of First Avonue on Stock Island by
and dated Match 15, 2005, it is hereby determined than
or abandonment of the property described in the survey.
doss aot object to the tiara m or abandonment of *0 property described iva tha survey,
provided am easmwm Im pwted for condawd use by tiro utility.
Date
46
To Monroe County:
Upon review of the Specific Purpose Survey of a portion of First Avenue on Stock Island by
Norby & 4'Flynn Surveying, Inc., and dated March 15, 2005, it is hereby determined that
Comcast I 1-)
,tv
(M the one that applies)
does not object to the closure or abandonment of the property described in the survey.
Signed
does not object to the closure or abandonment of the property described in the survey,
provided an easement is granted for continued use by the utility.
59 a�
Date
07/05/2005 14:19
PAGE 01
305294121: •
VC )
0
V,% au � '"�' Z] �' C G ✓� "� r' G 1
1p Jr vr� ?CX.X (--e-
To Mowft Coutmty: r
Up= mew of ttbe Specific PMow SarM ofa patio of Fist Awmw an Sfixk blad by
Noft dt Q°Flynt: Surveyi & %r-, and dated b ah 15, 2005, it is b mby ddetined drat
�Rl� 1�Sa74►{� V � J�,�
irk the we dw apoies)
loss not object to the olamm or abanduamernt of the prnp*ty &m.- tW in the survey.
-7 /:s
d met object to to closure or abandonmeat afthe pwperty &=''bed is the survey,
pmvided an asement is meted for coatiaued wo by the utslity.
tiLZ
0
CJ
Eadeh Bush Company, LLC
12 Driftwood Dr. - Key West, FL 33040
3051296-0270 phone -
305/292-5496 fax
May 9, 2005
Monroe County Government
Re: Abandonment of 1s' Avenue on Stock Island
Dear Sirs:
As an adjacent property owner at 6325 First Street, we have no objection to the
abandonment and closure of the east end of 1 ' Avenue.
If there are any questions, please call.
Respectfully yours,
Eadeh Bush Company, LLC
11))" 4W4*('-
Bush Sneed, PE
RBS/bs
cc: Dan Hamilton