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Item Q02
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY 3:00 P.M. PUBLIC HEARING Meeting Date: 6/18/08 -MAR Division: Count Attorneys Office Bulk Item: Yes X No Staff Contact Person. Suzanne Hutton AGENDA ITEM WORDING: A Public Hearing to consider approval of a Resolution renouncing and disclaiming any right of the County and the public in and to a portion of Pompano Drive, ANGLERS PARK, Key Largo, as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County, Florida. ITEM BACKGROUND: Petition has been reviewed and approved by Monroe County Planning, Engineering, Fire Marshall, Code Enforcement and the Monroe County Sheriffs Office and any conditions for approval have been satisfied by Petitioner. Letters of no objection have been obtained from all utilities. Any conditions of approval required by staff and/or the utilities have been satisfied by Petitioner. Letters of no objection have been obtained from all affected property owners with the exception of the owner of (Lot 8), whose stated objection is "due to the removal of mangroves and trees in the proposed area" and not whether the resulting change in the road will have a negative impact on her. Mangrove removal is a Department of Environmental Protection and Army Corp of Engineers issue and the Petitioner has submitted written documentation that these impacts were in existence prior to Petitioner's purchase of the property abutting the area proposed for abandonment. Additionally, Lot 8 sits at the end of the constructed portion of Pompano Drive, across from the area " proposed for abandonment, and at the point where vehicular traffic is restricted due to the vacating of the portion of Pompano Drive between the east and west boundary lines of Lots 16 and 17 by resolution of the BOCC on 6/2/1959. PREVIOUS RELEVANT BOCC ACTION: 5/21/08 BOCC approved Public hearing for 3:00 p.m. on Tune 18, 2008 in Marathon, FL CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. 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 DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# Revised 2/05 Petitioner Marvin D.Barrett RESOLUTION NO. - 2008 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 POMPANO DRIVE, ANGLERS PARK, AS RECORDED IN PLAT BOOK 1, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA (KEY LARGO). WHEREAS, the Board of County Commissioners of Monroe County, Florida, desires to renounce and disclaim any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or highways, and WHEREAS, due notice has been published and a public hearing has been held in accordance with Chapter 336, Florida Statutes, and WHEREAS, at said public hearing the Board considered the argument of all parties present wishing to speak on the matter, and all premises considered concerning the renouncing and disclaiming of any right of the County and the public in and to the hereinafter described streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, and WHEREAS, the Board has determined that vacation of the said road is for the general public welfare, and conforms to the requirement of Fla. Stat. Secs. 336.09 and 336.10; now, therefore, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby renounces and disclaims any right of the County and the public in and to the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat, to-wit: "A parcel of land being a portion of a 20 foot wide right-of-way lying South of and adjacent to Lot 18, Block 11, ANGLERS PARK, according to the Plat thereof as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County, Florida, and being more particularly described by metes and hounds as follows: BEGIN at the Southwest corner of said Lot 18, Block 11, ANGLERS PARK, thence run East along the South line of said Lot 18, Block 11, a distance of 55 feet to the Southeast corner of said Lot 18, Black 11; thence run South on the southerly extension of the East line of said Lot 18, Block 11, a distance of 20 feet to a point on the South line of the aforesaid 20 foot wide right-of-way; thence run West along said South line, a distance of 55 feet to the intersection of said line with the Southerly extension of the West line of said Lot 18, Block 11; thence run North along said Southerly extension, a distance of 20 feet to the POINT of BEGINNING. Contains 1100 square feet more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board on the 18"'day of June, 2008_ Mayor DiGennaro Mayor Pro Tear McCoy Commissioner Spehar Commissioner Neugent Commissioner Murphy (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Mario DiGennaro h MONROE COUNTY ATTO E OVER AS TO M• UZIAia€ " A. TON COUN T N Date NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on ,Tune 18, 2008, at 3:00 P.M., at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Florida, for the purpose of determining whether or not the following streets, alley-ways, roads or highways shall be abandoned: "A parcel of land being a portion of a 20 foot wide right-of-way lying South of and adjacent to Lot 18, Block 11, ANGLERS PARK, according to the Plat thereof as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County, Florida, and being more particularly described by metes and bounds as follows: BEGIN at the Southwest corner of said Lot 18, Block 11, ANGLERS PARK; thence run East along the South line of said Lot 18, Block 11, a distance of SS feet to the Southeast corner of said Lot 18, Block H; thence run South on the southerly extension of the East line of said Lot 18, Block 1, a distance of 20 feet to a point on the South line of the aforesaid 20 foot wide right-of-way; thence run West along said South line, a distance of Sa feet to the intersection of said line with the Southerly extension of the West line of said Lot 18, Block 11; thence run North along said Southerly extension, a distance of 20 feet to the POINT of BEGIWNG. Contains 1100 square feet more or less. " Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 22 d day of May, 2008. 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 Reporter (Fr) 5/30/08 BOARD OF COUNTY CO1MSSIONERS AGENDA.ITEM SUMMARY Meeting Date: 5/21/08 -KI. Division: Count, Attorne 's Office Bulk Item.: Yes X 4 No � Staff Contact Person: Suzanne Dutton AGENDA ITE,M.WORDING: Approval of Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of Pompano Drive, ANGLERS PARK, Key Largo, as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County,Florida. ITEM BACKGROUND: Petition has been reviewed and approved by Monroe County Planning, Engineering, Fire Marshall, Code Enforcement and the Monroe County Sheriffs Office and any conditions for approval have been satisfied by Petitioner_ Letters of no objection have been obtained from all utilities. Any conditions of approval required by staff and/or-the utilities have been satisfied by Petitioner. Letters of no objection have been obtained from all affected property owners with the exception of the owner of-(Lot 8), whose stated objection is "due to the removal of mangroves and trees in the proposed area" and not whether the resulting change in the road will have a negative impact on her. Mangrove removal is a Department of Environmental Protection and Army Corp of Engineers issue and. the Petitioner has submitted written documentation that these impacts were in existence prior to Petitioner's purchase of the property abutting the area proposed for abandonment. Additionally, Lot 8 sits at the end of the constructed portion of Pompano Drive, across from the area proposed for abandonment, and at the point where vehicular traffic is restricted due to the vacating of the portion of Pompano Drive between the east and west boundary lines of Lots 16 and 17 by resolution of the BOCC on 6/2/1959. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CIIANGES: NIA STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 P.m, on June 18, 2008 in Marathon, Florida. Note: The regularly scheduled Key Largo BOCC meeting (August 20, 2008) was relocated to Marathon, making the next available Key Largo BOCC meeting November 19, 2008, which is six (6) months away. TOTAL COST: Petitioner Pays BUDGETED: Yes _ No_ COST TO COUNT': N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes— No_ AMOUNT PER MONTH Year 5 APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM# Revised 2/05 RESOLUTION NO. —2008 Petitioner Marvin D.Barrett A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT OF A PORTION OF POMPANO DRIVE, ANGLERS PARK, AS RECORDED IN PLAT BOOT{ 1, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY,FLORIDA(K Y LARGO). 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, afley-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 June 18, 2008 at 3:00 P.M. at the Marathon Government Center, 2798 Overseas Highway, Mile Marker 50, Marathon, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley-ways, roads or highways as delineated on the hereinafter described map or plat,to-wit: "A parcel of land being a portion of a 20 foot wide right-of-way lying South of and. adjacent to Lot 18, Block 11, ANGLERS PARK, according to the Plat thereof as recorded in Plat Book 1, at Page 159 of the Public Records of Momae County, Florida, and being more particularly described by metes and bounds as follows: BEGIN at the Southwest corner of said Lot 18, Block 11, ANGLERS PARK; thence run East along the Smith line of said Lot 18, Block 11, a distance of 55 feet to the Southeast corner of said Lot 18, Block 11; thence rain South on the southerly extension of the East line of said Lot 18, Block. 1, a distance of 20 feet to a point on the South line of the aforesaid 20 fool wide right- of-way; thence rain West along said South line, a distance of 55 feet to the intersection of said line with the Southerly extension of the West line of said Lot 18, Block 11, thence run North along said Southerly extension, a distance of 20 feet to the POINT of BEGINNING. Contains 1100 square feet more or less. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 1 H's day of June, 2008, Mayor Charles "Sonny" McCoy MONROE COUNTY ATTDRNEY .Mayor Pro Tens Mario DiGennaro AP VEl?AST O Commissioner Dixie Spehar ANiVE A. UTTQN Commissioner Sylvia Murphy oQ N AT � Y Commissioner George Neugent Date�� (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L.KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Charles "Sonny"McCoy Road Abandonment P e fi" tie 0 n — A Portion of Pompano Drive, Key Largo, FL Petitioner* Marvin D. Barrett Petitioner's Agent: The Craig Company RESEARCH AND PHOTOGRAPHS and. STAFF APPROVALS County Engineer 4/24/2008 Planning Department 4/8/2008 (Conditional) IVlonre County Sheriff's Office 4/4/2005 Fire Marshal 3/11/2008 Code Enforcement :History 1/29/2008 s CO LO m �. Y ,0 0 ce. d c m go o'f �- OL I { f Photograph of Pompano Drive Approx.MUdway Point of Lot 20 which is East of Petitioner's Lot is. wp"j kq If i r r Of CtllrstCltCted ; ; jPortion of PompanoDrive. �i ljjl Pompano Drive Facing West .a. S Photographs of Portion of Pompano Drive Proposed to Be Abandoned A f J Nb 9 C Wtl� r NAu.� y, 1 Facing West Pompano Drive Adjacent to Petitioner's Lot 18 r Facing East Pompano Drive Adjacent to Petitioner's Lot 18 v'ram. rr ,�. `,"S" a`"• t1s.��+, ,s i }N rgE � � ask is ,• ax• � iy..; ¢ { J2t •r - vi) , ";•P� tr ��P�r,�--.-:.k '. -,x �",�i �. '1- .lt`-'. � r 2. il,o Bnrssd voted is rand it+c i.el;nl'%Oiaor 3nwyar and SpocA.&I Coennol J. L. I.ae Ler to TO—Uhncacc in bahaL^or lcgl3latien arfovtinC ta, Uon of Sicaboo Park and pcaiy court ituvoing Projecta. Ci On rattan Of Cwrzia aloner(damn, unoa.1dEd by Co_;,i/aioacr Frnanan the Ststa 7w;ad nnpartnent will La vuqucstad to ,nvina Lt..Plana and opacLricatl.ons rot'the ilhita atrent urtendkan to Like 1B feoL pore or Cowity props-ty, Ularoby alL+Inoting 15 feet an LW! EaeL eLde Which is privatoly cnhad. 1i ihara being no further bualmo a the rcating man adtaunu. .• 1wSj .ATS' r- ✓ _ /�fiJ7� APPdOV ------------- i! SPFFIhL}IEECiHit DChRA CDDI+CIC CCI:lL5.iE0:iEB9 iiadnatda 2 P.H.Ha 27 1959 '��� ; npocial seating of the Beani of County Comvianionaro voo hold on sbovo dato vith all Cormlcaiouvra - rprarant, oxcopt Co.Laisuicnur Ilorry Nnrriu. p n a Chairman Gerald Saendare aald the purpaao or tho hvoti,.R would to axirlained by the Clark, C� - �ul?� Earl It. Adana, Ciork, told tbo Car$snLonora that aftar talking with}ir. Jae Ilonry, of the State I r-1;•, "IL 1 a S" :Auditing 11ol rtneht, and the Fiscal ACant or the County in the asla or the Airport Bonds that he felt the rusoln- i Flan ad'o tad y&T Us 1959, transram ilmde rrom the"art Davalo went and Raplacaannt Fund to the Airport Construction Awd, was incorrect bacaued auah Steps could bu met up in the aasc fund uharo tho money now dab. Do=laoloner 9h. Sreaann, Jr., moved that the Boardwa approval of the May,12th roaolution provid TIC ~-"3,n; �'-R -�`'• !: � 'for much iranofere be rancinded, comSaalanar Glnrcnco Higgs Soadrldad, tioLkan carried unanirously. � t'� lCiG`:;' Yc. Condeaioner Frocann nov orrery tho rollowinl;raaolution far ataption, OW—w.s cacondad by Can- -p `'• .. edankunar A. H. Ada ar4 unaatmoanly appro"ds .(:•na • ICIBLEA5 thorn in tho cum of 7u4rt 7havonnd Dollnra I Y (a}4,000.04) in the Airport _ Replacement and DcvalapmtaL F'nnd, and H1CREkS, thu Saatd of County Cm-rSsaioncra or Iftroo County, Florida, doxiro to roplaca an antigrat.ad fire apparatus at the County Airport w�.th a nodnrn firo npparatua °4 i and to erect■building to house such appratua at tho Airpurt, rou, therefore, I .c N l BE IT=11YEA BY THE BDARD OE CODIrr'Y COFAISSIONSIS 01 HOHROEd OWNT4, SLDUDA, that the Clark of said Hoard be erA he is hereby directed to trengfer v15,211.00 fra; Item d 931 tr&iofcr to "art Conatruotiaa Fand to a newly created Uwe in iho Alrport •�r.,; Daralaprxnt and Replacor.ent Fund to be known no Item R51.01?w:rehace or Fire Apperatua +�I and to further tramfer 19,789.00 from Item P931 transfer tv Airport Ceontnfotdon R" and to also tranarer f$,OW.00 tram Item g677 Nocesam7 Roplaccocoty etc. to a newly created item in Airport Davolepmetlt and Wlsomant,blind to be known ae Stop U1.02 Cos- ntn:ation Tiro Station rak.Lnff a total of 111y7E9.00 to bo tranerarrad to Item 8$1.02. _F S!i Dated![ay s}th, 7.955. Thava being no rurthor buaknaaa the n/eting now adjourns, AtT2ST:✓ l.r_.. . if. „t APPROVET��6 UbrAK c t RBOIR.11t HECLIIID 19DARD CDIf11Y CDu'!ISSIONEBS ;� 9 P.H.THESDAY JOE 1959 Regular RoaUnR at thu Eadrd of County Ca:aeiaeiorlarn was held on above data with vrcrissianora prcaant. Alto in attendance the Roard'a Iagal Advisor Paul Sawyar,Clark Earl R.Adaco,Raning Convultont Joann Iarabprough, Aia'pert Conau].tant Narald lUdo and about 15 intsroabad aitiSoh/. Tnracaf$m was prounauncod S+Y flank Day. '.^r .a ,wti., . . _ ...y, .. .•,.. - .an:4 ,�p`G: :«'• r - ori. -."r.,�. ..t ..-!am:_ ..a��:.o.:a,•<rvwriE ,c•r:F.a y�-✓,r •r. .. MErt` ��W"�'t F 6 t 'S•Ffi I� 1'yL1Sa huarSnE wle rev called on the petition to nbneT n nX u Rumor Strout, Louth of Tarpon A..., u• ' > fif Ftns Street uouth of Esa..=ucnds Mvd, Yorgy 51-0t in We nntiro L}•and a portion of P—pona O:ivo, }I a Shore brlr{;nn ohleetiona the following rvO.lwLlcn von uneaLAuely ndeptodu NiSOLDTIO}I VACATIlH3 POaT3011.5 OF SiREe rl'5 f MIUMAS, th0 xnrraip Corporation Cade application t0 t110 Doard bf Cc un ty Corz o0lanLra {{ of Ha-roe County, Florlda,for va.atinC NrtianP of Otranto on LhaL cot-Lain Plat hrlu.n,uu Anglora Pork, A Sutdlw3Pion, rccardad in Plat Deok 1, a e s"p p 159 of the Nblde Hacarda of 4 Woatl•oa CourtLY, Florida, and E WRLMAS,noLleo hea been Sivcn of LLa intention to:apply to amid Eavd to vacate #}! WLSena dr atraotd oil acid P1eL by pablicntion of a Hotico is aeeorduneu sdtn tha Anv, and Publinhor's ArfidAUL ohauLng proof of such peblidftLion ha0 boon filed with amid Board and, a 'n S,l12DEA5, tho Vacation of aaid vtrcctG will not nrfee.the ewmersh5 01' -ss on athcr pal'Lss of avid auhdiviaioa, p persnnn � •' e I"d' TlDilil:Fl1,75, F-2 li RMLVFD SY TUE BOADD OF CdbrTY C01411-RZIONFas 01'M0110E > C0I1K1-Y, MHIDA, that partlono of ocrtafn aLr+aeLs on the Plot SZ1uvq au Angloro Park, a SubeilvlaI.—, raeorded irs Plnt Rook 1, peCa 1$51, vhlch potion.aro doaeribed ao fo3loxa: - '•i I' s5{- .Fs•s ELDL'ACiDFE3t sl'Ats^r cnuth aF Tarpon hvunua. King 8tra.t south of Tarpon Aacmv. L;.F UnC StmaL south of Barracuda geu3cvard and north of A lino drawn Parallel to and gD feaL north at tho north lino of Tarpon hvonuo. Foray Street in Ste ontiraty, Turbot Street mouth of 34rraceda Boulevard and north or a 15ne drawn Parallel .a to and 30 feet north of lho north rl bt-of-v {? g. dy 151sa en Tarpon Avarrde. , r' ?map no"rive between the east and wo at boundary linen of tote ]E and 17, •',� '-• `Rock 11, axiendad south to the lapaan or to the nOPL11 b6undary lino of Y The,Cross Key Larea vatarvgl'a, defined by previouo actiod of Lhc Gcvnty Conn.iaaioncra. be and the name is he rely warn wed and asla property in hereby returned LO aercagC and the O%nlership of mare revcrard to Cho suoalvidcra as dinclose by a;ld PIAL for,,ho Ilorpoao of i•I•` -' t aa;At L on. -k D5 17 FUktMq UBOLCED BY 5-=;Zk,`LD that thSa vacation ahail not aeeeao eftcc Lava i�' 3' •;: until a cortli'Sed copy of Dune has bean files in Lilt office or the Clerk of the Ctlscult -,.. Court and duly recorded in Lho Public Reeordn of Horroe County,F'lorlda. Cuted this Zrri day of June, A, �5. 19=9. t` ^ A 7hO tin.of Aloato Cothran of$2,]05,25for CAD M-59 WasQH Yonly bid roceivad foru-iu work. '1' •I' Ccmisaioner Higea noved, aecordcd by Ga 1001osser Freebep that the bid be mfarrad Engineer and Chairmen of the Read Colezittoo with power La act. Attorney t6n. H. h0bl4tt grosnctad the 3oAm wdth a pets LSoh requesting abandoment or a A.CLLCa , ar Marto Drive, of the 61anded Plot of Venetian Saoren 9vbdivieiorl 6fPlantutivn Kay, ON Vzioner HiCCa move and Coanisaivner Admele occcrded, that A pablio hoaring be held on the petition for abandahcetut. Motion carried unaniaously. -'tiry Firm Y.arahall nay d. Ear+hea asked that an atldltienal plume of fire apparatus be purnheaa for For-than, COn.-4851aner Higgs moved, recorded by CeamAnnioner Adana, ulet Che roquesL be rararred to the -_ -Chairman or the Finance Connitteu for eonoidoratioo ul,on the next budget}.a Prepared. Notion carried, Al Luckland aakod for a ilro WOr'atva and a piece Of County OVMd:3.and o.'t which to erect a ifire house SPX-thu Big Pine Key Volunteer Fire Dapartr:ont. He acid the.area had bean plagued with brual, fire.and the Marathon fire track had to put the fires out. { Cc-limioner Her'rla Paid he had hapax of the County obtaining frets the Civil Defense Lwe fire -Y;1' apparatus at$1.00 eaah. .r: On notion of Cdar:4001onor Rigga, eananded by C=daaienar Froo=fl, the natter van referred to Coeaatsaionar Barrio. fi A telo2ram froh the Florida Shoran and Bauch Prtln—Lion Aaaoai.ation, oekLulg tho County Cordeoienera to auk Monroo Couni70a Senator and ROprelontativo to support certain 10gLalation, ww read. =y Tie Clare$POD lnstmOtcd to infarct the Aeaoeiationta S cretaiy Lhab the latter referred to in the tOlcyraa had navor been received end neither had the Board received a0piaa of the lagialation in quootlon. '4 h copy of a latter east by the Say Went Unisterial Alliance to the City Coramiaviona, rogording 5 °Yi• µ. her cloning bourn in Lhe city of Kay Is'aat, vac road for informstion of the CaxSnaianarn only. i �7f F' w. v 'M-1 .a a: .c v .. l:.:c. . �. ;r"r":=._ yea.. •y''-4•;.:' .^.-ss.. -�,.. ...;+,.,,.. H},*.�}.�..rzA '.`C,.i �wZ � ) ,0 \ a v Q s� 'N aS odo - ,• ror m ) .as fZ y3b kL �c} N tt 76`P 112D .\s r°o 111 43! O1 4EJ arr Oct ,FL'9P d01 6. Road Abandonment P e ti" ti" o n - A Portion of Pompano Drive, Key Largo, FL Petitioner* Marvin D. Barrett Petitioner's Agent: The Craig Company APPROVAL. OF COUNTY ENGINEER 4/24/2008 t,� { t f µ` BOARD OF COUNTY COMMISSIONERS Mayor Charles"5anny"McCoy,District 3 Mayor Pro Tem Mario Di Gennaro,District 4 KEY WEST 4.J FLORIDA 39040 T f George Netlgent,District 2 isys4-4s4;C Sylvia 3,Murphy, District 5 RECE1vED 2000 APR 2 �,.£ .. Monroe County " `SIR r i MONROE COU14TY ATTORNEY Board of County Commissioners F Engineering Division r The Historic Gato Cigar Factory 1100 Simonton Street,Suite 216 Key West,FL 33040 (305)292-4426—Phone (305)295-432.1 -Fax MEMORANDUM TO: Suzanne A.Hutton County Attorney FROM: David S. Koppel County Engineer DATE: April.24, 2008 RE: Petition for Road Abandonment Portion of Pompano Drive,Angler's Park Subdivision, PB 1-159, Key Largo Petitioner: Marvin.D. Barrett,Agent: Jodell Roberts,The Craig Company After reviewing the Planning Department's April 8, 2008 determination that the road does not terminate in open water,the Engineering Department has no objection to the proposed abandonment. If you have any questions,please call. - � M•r � __ Mawr Charles"Sonny McCoy,District � �� [✓,ayor Pro Tenn Mario DiGennaro,Districi:4 U i� �IF�U� � � Dixie M.SAehar,DfSiTICt 2 rcrr uvcsr V— *a F *; Geot' e Neu gent,District 2 FLORIDF�Bsalo r a ;� % , 9 9 , �sas>2a4- 4l ,` - L P l�g' iv Sylvia Murphy,District 5 Opp"4 we emgeaqr� 111112u6 S&Zd,.wife 08 a , d•C. ,Z�Od �L'91L ,���1�pw��f�� (305)292-3470 �LL MEMORANDUM TO: David S. Koppel,P.E., County Engineer FROM: Suzanne A. Htitton, County Attorney RE: Road Abandonment Petition Review: Portion of Pompano Drive Key Largo,FL Petitioner: Marvin D. Barrett -Agent: Sodell Roberts,The Craig Company DATE: February 6, 2008 Your memorandum, dated 2/5/08 indicates you ".have no objections subject to.,.. verification that. the road does not end in open water(side of road at end)". As you know, this Petition cannot move forward to the Board for consideration without full star approval. We have provided you with all documentation received by us or resulting £rom our research using the resources available to us. I would request either yourself or delegated staff within your Department personally research, utilizing the resources available and unique to your Department, to reach a conclusion based upon your findings, in addition to the documentation provided by this office. The purpose of routing;for approval by 01 Staff is to draw upon the e3perdse of each Department to provide the most through documentation possible if presented to the Board for consideration. By copy of this memorandum, I am forwarding a copy of your 2/5/08 response to staff, in addition to the written documentation subsequently received by this office as to Lots 16 and 17, documenting ownership of Floyd Holdings, LP by Floyd GP.Trust c/o James N- Floyd, Co-Trustee, attached to this memorandum. This information is being forwarded to staff to update the documentation previously forwarded for their review. A copy will also be provided to the Petitioner for their use and information. SAH:kmp CC.' Townsley Schwab,Planning Director Chief Wayne Hinnant,Fire Chief Undersheriff Colonel Rich Ramsay,MCSO Ronda Norman, Director, Code Enforcement Agent Jodell Roberts,The Craig Co. for Petitioner, Marvin D. Barrett BOARD OF COUNTY COMMISSIONERS Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tem Mario DI Gennaro,District A N TY SO �MONROE Dixie M.Spehar, District I KEY WEST FLORICrA.13UD George Neugent,District 2 (305)2!?4.4641 Sylvia 3.Murphy,District 5 tea' c FIECEJk/Eo t'v. mooroc County Board or county CommissioDers Engineering Division The Historic GatD Cigar Factory NAY 1100 Simonton Street,Suite 216 Key West,FL 33040 (305)292-4426—Phone (305)295-4321 -Fax MEMORANDUM TO: Suzanne A. Hutton County Attorney FROM: David S. Koppel County Engineer DATE: February 5, 2008 RE: Petition for Road Abandonment Portion of Pompano Drive, Angler's Park Subdivision,PB 1-159,Key Largo Petitioner: Marvin D.Barrett,Agent, Jodell Roberts,The Craig Company I have reviewed the above-referenced petition and have no objections subject to the following: 1. Verification that the road does not.end in open water(side of toad at end) If you have any questions,please call. Road Abandonment Pefi" fi* on — A Portion of Pompano Drive, Key Largo, FL Petitioner,, Marvin D. Barrett Petitioner's Agent: The Craig Company CONDITIONAL APPROVAL OF PLANNING DEPARTMENT (4/8/2008) n '4 F• S N C 6:1 V t D.T 4 MEMORANDUM MOIvROr-- COUNTY PLANNING&ENVIRONMENTAL PB SoURCEsDF>~bA1i€TM>!•JNT rye Wrive to 6e caring,professiogizi aruifrair �406!F"06 00UWW ATTOP&J! ` To: Suzanne A. Hutton,County Attorney Th ougla: Townsley, Schwab,Acting Sr. Directo�f Planning &Envirom-inental Resource& From: Joseph Haberman,Principal P per Date: April 8, 2008 Subject: Request fog•Road Abandonment: Segment of Pompano Drive, Key Largo, Mile Marker 103.5 1 1 REQUEST: - 2 3 A. Proposal: 4 5 Marvin D. Barrett has submitted a petition to the Office of the County Attorney 6 requesting that the county abandon a segment of Pompano Drive in Anglers Park 7 subdivision on Key Largo. If abandoned, the road segment shall_be aggregated with a 8 contiguous parcel of land, currently under Marvin D. Barrett's ownership and identified 9 as Block 11, Lot 18 of Anglers Park. 10 11 B. Location(of parcel in which abandoned segment shall be aggregated): 12 Address: 450 Barracuda Boulevard,Key Largo,mile marker 103.5 (oceansidc) 13 Legal Description: Bloch 11,Lot 18,Anglers Park,PB1-159 14 Real Estate(RE)Number: 00552860.000000 15 - 16 C. Petitioner(for parcel in which abandoned segment shall be aggregated): 17 Owner: Marvin D. Barrett 1$ Agent: Jodell Roberts,the Craig Company 19 20 11 PROCESS: 21 22 The Director of Planning & Enviromnental Resources makes a recommendation of 23 approval or denial to the County Attorney following a review of the road abandonment 24 petition. The Board of'County Commissioners shall either approve or deny the petition to 25 renounce or disclaim any right of Monroe County and the public in and to the right-of= 26 way. 27 28 III PRIOR COUNTY ACTIONS: 29 30 None applicable. Page 1 of 5 Reviewed by" — W.\GR01,N1TH MANA0Eh4E1 TM(3eo\Upper Keys1101 to 107 Key Largo North1MM1031Ponnpano Drive Key LargolPompano Drive RI I LIS RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition-doe ` € I i x 2 IV PACKGROUNO WFORMATI(3N; 3 4 A. Approximate Size of Roadway Segment to Abandoned: 1,1.00 fft(55 ft x 20 ft) 5 B. Land Use District: Improved Subdivision(IS) 6 C. Future Land Use Map (FLUM) Designation: Residential Medium (RN4) 7 D. Tier Designation: Tier III 8 E. Existing Use: Vacant 9 F, Existing Vegetation f Habitat: Developed 10 G. Community Character of Immediate Vicinity: Single-family residential 1 I H. Flood Zone: AE—EL 9 12 13 V REVIEW OF APPLICATION: 14 15 Marvin D. Barrett has submitted a petition to the Office of the County Attorney 16 requesting that•the comity abandon a segment of Pompano Drive in Anglers Park 17 subdivision on Ivey Largo. If abandoned, the road segment shall be aggregated with a 18 contiguous parcel of land, currently under Marvin D. Barrett's ownership and identified 19 as Block 11, Lot 18 of Anglers Park. 20 21 22 . 23 24 25 26 27 28 29 'w 1 30 31 f; 32 33 .. 34 35 36 37 38 4 39 40 :s 41 42 43 Marvin D. Barrett also currently owns Block 11, Lots 4 and 5 of Anglers Park. Both of 44 these parcels are contiguous to Lot 18, located to the forth along Barracuda Boulevard. h 45 According to the application, the property owner is seeking the abandonment in order to ]Page 2 of 5 Reviewed b9 _ WAGROWTH MANAGEM.EN71Geo1Upper Keysl101 to 107 Ivey Largo North1MM1031Pompano Drive Key LargoTompano Drive B]I LIS RE 00552860\20080408 Pompano Dr Ivey Largo RE 00552860 Road Abandonment Petition.doc I construct a dock, which would be an accessory uselsImcture to a single-family residence 2 approved on Lcat-4 via Building Permit 053-4302. 3 4 A. Roadivoy Description: 5 6 Pompano Drive was platted as part of the Anglers Park subdivision, as shown in Plat 7 Book 1, Rage 159 of the Public Records of Monroe County, 8 9 The improved section of Pompano Drive terminates midway along the southern property 10 lime of Bloch 11,Lot 20 of Anglers Park. A platted,but unimproved, section of Pompano I I Drive continues along the southern property lines of the remaining part of Lot 20 through 12 Lot 12, or where the roadway merges into Tarpon Avenue on the plat map. However, 13 Tarpon Avenue was later built as a canal (Key Largo Waterway). Therefore, it does not 14 serve as a roadway as platted. 15 16 Currently, the segment is turdeveloped with vegetation. Furthermore, it appears that - 17 sonic of the land area intended for the roadway has eroded into the canal to the South is (note: approximately 8 feet is submerged according to a boundary survey by David 19 Massey Land Surveying, Inc., dated May 8, 2007). 20 21 B. Use of the Road.• 22 23 No permitted use of the subject segment of Pompano Drive was located by Staff. 24 Currently, the segment is not paved or utilized as a public fight-of-way. Approximately 25 to the South of Block 11, Lot 20 of Anglers Park, the improved roadway terminates at a 26 barrier, composed of fencing, boulders and vegetation. There is also safety signage 27 indicating that the roadway has ended. 28 29 C. Development Potentiol: 30 31 It is unlikely that the subject segment of Pompano Drive could ever be opened to traffic. 32 Due to the construction,of the canal and the erosion:of some of the land area intended for 33 the roadway, it would be difficult and for the county to consh-uct a roadway that would 34 meet code. Furthermore, a finalized roadway would serve no other purpose than access 35 to the canal as all existing residences in the area have access either by the paved portion 36 of Pompano Drive or by Barracuda Boulevard. 37 38 if the right-of-`Wray were to be abandoned, its land area would serve as an extension to the 39 Applicant's property and provide the Applicant's contiguous dry lots along Barracuda 40 Boulevard with access to the canal. Other than dockage, the existing shoreline setback 41 requirements would make it unlikely that a structure could be placed on the abandoned 42 portion. 43 44 As a note, many dry lots along Barracuda Boulevard have aggregated with contiguous 45 lots to the South along the canal (what was to be Tarpon Avenue) in ,order to build 46 docking facilities. Page 3 of 5 Reviewed by W:1GROWTH MANAGE1vME1%T1Geo11JppBr Keys1101 to 107 Xey 1-4n-go North1MM103\Pompano Drive They LargoTompano Drive B11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doe 1 2 D. Shoreline,4cca�s, 3 4 The subject segrient of Pompano Drive runs along the rrtarrmade canal and ends at 5 private property: Block 11, Lot 17 of Anglers Parl(. It does not terminate at open water. 6 Although there is shoreline access to the canal from the segment, partial erosion of its 7 land area and its location inalce the site an unfavorable location to facilitate any public 8 access. 9 10 E. Staff Review: 11 12 A review of the records and an on-site inspection of the property revealed the following: U 14 1) The subject segment of Pompano Drive is currently unimproved_ Furthermore, it 15 appears that some of the land area intended for the roadway has eroded into the canal 16 to the South. _ 17 18 2) It is unlikely that the subject segment of Pompano Drive could ever be opened to 19 traffic. Furthermore, a finalized roadway would serve no other purpose than access to 20 the canal. 21 22 3) If the right-of-way were to be abandoned, its land area would serve as an extension to 23 the Applicant's property and provide the Applicant's contiguous dry lots along µ 24 Barracuda Boulevard with access to the canal.. 25 26 4) If the right-of way were to be abandoned, there shall be no loss of any property 27 owners' rights of ingress and egress to their properties. 28 29 5) One adjacent property owner filed an objection to the abandonment. However the 30 County Attorney deterixrined that the objection was related to mangrove removal, and 31 consequently found that the petition could move forward for recommendation by 32 Staff. 33 34 6) No utility company filed an objection to the abandonment. 35 36 7) The county has previously vacated portions of "Tarpon. Avenue" and "Pompano 37 Drive" of Anglers Park subdivision in the past, including a portion to the South of 38 Block 11, Lots 16 and 17 in '1959. Bloch 11, Lot 17 is contiguous to the subject 39 property(to the West). Rage 4 of 5 Reviewed by W:IGROWT14 MANAG$MENT Oeo\Upper Keys110Ito 107 Key Largo Norih\MMI031Pompano Drive Key LargoTornpano Drive B1I LIS RL 00552860\20080408 Pompano Dr Key Largo RE 00552960 Road Abandonment Petition.doe 1 V1 RECOMMENDATION: 2 Del 3 Staff recommends APPROVAL to fhe Director of Planning &Environmental .Resources if 4 the following conditions are ma: 5 6 a. Block 11, Lots 4, 5 & 18 of Anglers Park subdivision have been aggregated by a Lot 7 Aggregate, Rcstrictive Covenant, recorded in Boole 2257, Page 247 of e Monroe 8 County Public Records. Lot 18 shall remain aggregated with Lot 4 and/or Lot 5. Page 5 of 5 Reviewed b� WAGROWTH MANAGEMENMeo%Upper Keys1101 to 107 Key Largo Northl>1+1M1031Pompano Drive Key L.argoTompano Drive B 11 L18 kE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition_doc a' r-ilod a Rrao*rda4 in official Ra6oy-dz of Mi3rti ROE COHN-TV f ANMV L. ROLMRGE This inswunient was prepared by: DacQ IS17042 Gay Marie Smith 01;.1t 2P,57 Psi ?.4-ya, PO Box 1638 Tavernier,FL 33070 LOT AGGREGATION RE'STRICTIVE COVENANT 1, WHEREAS, Marvin Barrett, a single man the undersigned is the sole owner of the following described real property located in Monroe County, Florida - described as fellows: Lot(s)e 5 18 Block: I Subdivision: Anglers Park Key: L�g PB: 1459 h ' Real Estate s _00552730.000000 o©....,.? 00552860.000000 2. WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the legally described property in order to receive a building permit; and 3. WHEREAS, the above described parcel(s) were assigned additional points in the Permit Allocation System for building permit #05304302 for the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots; and 4. NOW, THEREFORE, the undersigned agree as follows: o The above described parcel(s) shall have its density reduced from three dwelling units to one dwelling unit In consideration of a building permit to build a single-fancily residence; and D The restrictions herein shall be binding upon the representatives, heirs, assigns and successors in title of the undersigned; it being the intention if the undersigned by execution and recording of this document that this restriction shall run with the land and shall be forever binding upon the successors in title; and Lot Aggregation Restrictive Covenant Page 1 of RE4 00552720.400000,00552730.000000&00552860.000000 E . l 1 This covenemt io intended to benefit and run in Vavor of the County of Monroe, and � in the event of any breach or vioiation of the covenant contained herein, � the said County may efforce the covenant by injunction or such other legal me`lihod, as the County deems appropriate. DI(ECUTED ON THM day of - vv4nte sSs: OWNER re arvin . l�arre 450 Barracuda Blvd. Key Largo, FL 33037 - PName Signature Printed Name STATIE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day Of , 2005, by Marvin Barrett, who is personally known to me. t I r LG•�!. �`-^- pt r�,� z)t'p :yLNgiARY•fir. (� tZ NGAWtiAII:r, I tary Public(Print N ' o0lt�isyaootNu sr• F � j IC p €7D15i67f. �: iavGOd1MI8S�4t1@1� . . F ...........a:.EPl' Not ry Public(Signature) My Commission Expires KONROE C0UNTY OFFICIAL PUBLIC RECORD La— ME Lot Aggregation Restrictive Covenant Page 2 of 2 RE#100552720.000000,00552730,000000&00552860.00M00 Road Abandonment Petiatleoll — A Portion of Pompano Drive, Key Largo, FL Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company Petitioner's I?ocu.mentation of Compliance dated 5/5/2008 with Conditional Approval of the Planning Department dated 4/8/2008 x k RECEIVED VIA HAND DELIVERY MAY 0 S 2000 MONROE COUNTY ATTORNEY Mays.), 2008 Ms. Suzanne Hutton, Assistant County Attorney Monroe County 1111 12"' Street, Suite#408 Key West, Florida 33040 Subject: Marvin D. Barrett - Road Abandonment Petition — Portion of Pompano Drive, Key Largo Dear Ms. Hutton: I am the petitioner of the above Petition and owner of Block 11, Lots 4, 5, & 18 of Angler's Park Subdivision which have been aggregated by a Lot Aggregate Restrictive Covenant, recorded in Book 2257, Page 2478 of the Monroe County Public Records, copy attached. Lot 18 shall remain aggregated with Lot 4 and/or Lot 5_ This letter provides written documentation in compliance with the Planning Department's conditional approval of the Petition dated 418108 (copy attached). Very truly yours, ft 0 Marvin D. Bar tt Petitioner r���llllllilllfl//j� �CS';�.B. 00�/1�f 'i, p�' 555tON� �� Enclosures w ,,�`�20'Zoom`� cc: The Craig Companya„`° ;04 y D422352 ` r � ����1/1111II11�111� 4y Fxiead a Reeorded Jr, Official Records of MONROE COUNTY ORNMY L. KOL14AGS This instrument was prepares[by Doctl 1617042 Gay Marie Smith Rkh 2257 P'ga 2476 PO Box 1638 Tavernier FL 33070 LOT AGGREGATION RESTRICTIVE COVENANT 1. WHEREAS, Marvin Barrett, a single man the undersigned is the sole owner of the following described real property located in Monroe County, Florida described as follows. Lot(s): 4,_5218 Block: 19 Subdivision: Anglers Park Kerr: Largo PB: 'I A 59 Real Estate #(s) 00552730.000000 00652720.000000 & 00552860.000000 2, WHEREAS, this Lot Aggregation Restrictive Covenant that restricts the use of the legally described property in order to receive a building permit; and 3. WHEREAS, the above described parcel(s) were assigned additional points in the Permit Allocation System for building permit #0.5304302 for the voluntary reduction of density through aggregation of vacant, legally platted, buildable lots; and 4. NOW, THEREFORE, the undersigned agree as follows: • The above described parcels)shall have Its density reduced from three dwelling units,to one dwelling unit in consideration of a building permit to build a sings family residence; and ID The restrictions herein shall he binding upon the representatives, heirs, assigns and successors in title of the undersigned; it being the intention if the undersigned by execution and recording of this document that this restriction shall run with the land and shall be forever binding upon the successors in title; and Lot Aggregation Restrictive Covenant Page i ot2 REP 00552720.000000,00552730.000000&00552860.000000 This covenant is intended to benefit sand run in favor of the County of X Monroe; and � In the event of any breach or violation of the covenant contained herein, the said County may enforce the covenant by injunction or such other legal method, as the County deems appropriate. EXECUTED ON THIS„�� play of iPnte SSESS: OWNER re arvint . Barret 450 Barracuda B1vd. Key Largo, FL 33037 Name Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day Of , 2005, by Marvin Barrett, who is personalty known to me. PC, -14LW N # f]F Public(Print N � CX3Nh11S�p#JNEL•r�F ; Y O F3E}t5�671s . � Not ry Public(Signature) My Commissson Expires KONROE COUNTY aQtrH'rt� OPFICIAL PUBLIC RECORD �tx Vy Atberw Lot Aggregation Restrictive Covenant Page 2 of 2 S REY 00552720.000000,00552730.000000&00552860.000NO r t"��vJ ( v ?sfht MEMORANDUM MONROE COUNTY PLANNING&ENVIRONMENTAL RESouRGRs.)PPARTm NT APR, ' We strive to he Ming,professional an(l fair MONf)E O00ht7`y ArT0R1, To: Suzanne A. Hutton, County Attorney Through: Townsley, Schwab,Acting SrZDirector f Planning&Ertvironmerltal ResourcFrom.: Joseph Haberman, Principal Pr Date: April 8, 2008 Subject: Request for road Abandoniiient: Segment af'Pompano Dive, .Key Largo, Mile Mat lmr 103.5 1 I REQUEST: 2 3 A. Proposal: 4 5 Marvin D. Barrett has submitted a petition to the Office of the County Attorney 6 requesting that the county abandon a segment of Pompano Drive in Anglers Park 7 subdivision on Key Largo. If abandoned, the road segment shall.be aggregated with a 8 contiguous parcel of land, currently under Marvin D. Barrett's ownership and identified 9 as Block 11,Lot 18 of Anglers Park. 10 11 B_ Location(of parcel in which abandoned segment shall be aggregated): 12 Address: 450 Barracuda Boulevard, Ivey Largo,mile marker 103.5 (oceanside) 13 Legal Description: Block 11,Lot 18, Anglers Park,PB1-159 14 Real Estate(RE)Number: 00552860.000000 15 - 16 C. Petitioner(for parcel in which abandoned segment shall be aggregated): 17 Owner: Marvin D. Barrett 18 Agent: Jodell Roberts, tl-te Craig Company 19 20 II PROCESS: 21 22 The Director of Planning & Environmental Resources makes a recommendation of 23 approval or denial to the County Attorney following a review of the road abandomxent 24 petition. The Bopfd of County Commissioners shall either approve or deny the petition to 25 renounce or disclaim any right of Monxoe County and the public in and to the right-ot- 26 way. 27 28 Ill PRIOR COUNTY ACTIONS: 29 ti 30 None applicable. Page I of 5 Revimed by W:1GROWT1i MANAGEMENT%Geok iplier Keys1101 to 107 Key Largo Northil M103Tompano Drive Key LalgoTompano Drive El I L l 8 RE 00552860L0080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 • 2 IV BACKGROURD INFORMATION. 4 A., Approximate Size of Roadway Segment to Abandoned: 1,100 ft2(55 f1 x 20 ft) 5 13. I,,and Use District: Improved Subdivision(IS) 6 C. Future Land Use Map (FLUM)Designation: Residential Medium (RM) 7 D. Tier Designation: Tier III 8 E. Existing Use: Vacant 9 F. Existing Vegetation/Habitat: Developed 10 G. Community Character of Immediate Vicinity: Single-family residential 11 H. Flood Zone: A.E--EL 9 12 13 V REVIEW OF APPLICATION: 14 15 Marvin D. Barrett has submitted a petition to the Office of the County Attorney 16 requesting that the county abandon a segment of Pompano Drive in Anglers Paris 17 subdivision on Ivey Largo. If abandoned, the road segment shall be aggregated with a 1.8 contiguous parcel of land, currently under Marvin D. Barrett's.ownership and identified 19 as Block 11, Lot 18 of Anglers Park. 20 21 , 22 23 24 25 26 , 27 ' 28 29 � - 30 31 32 . . 33 34 35 ` 36 37 38 39 40 41 42 43 Marvin D. Barrett also currently ovens Block 11, Lots 4 and 5 of Anglers Park. Both, of 44 these parcels are contiguous to Lot 18, located to the North along Barracuda Boulevard. 45 According to the application, the property owner is seeking the abandonment in order to Page 2 of 5 Reviewed 1•ry-7?�,_ W:IGROWTH MANAGEMENnGeowpper Kcys1E01 to 107 Ivey Largo NorthWIM103Tompano Drive Key LargoTompano Drive B11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 construct a dock, which would be an accessory uselstructurc to a single-family residence 2 approved on T Pt 4 via Building Permit 053-4302. 3 4 A_ Roadway Description: 5 6 Pompano Drive was platted as part of the Anglers Park subdivision, as shown in Plat 7 Book 1, Page 159 of the Public Records of Monroe County. 8 9 The improved section of.Pompano Drive terminates midway along the southern property 10 line of Block 11, Lot 20 of Anglers Park. A platted,but unimproved, section of Pompano 11 Drive continues along the southern property lines of the remaining part of Lot 20 through 12 Lot 12, or where the roadway merges into Tarpon Avenue on the plat map. However, 13 Tarpon Avenue was later built as a canal (Key Largo Waterway). Therefore, it does not 14 serve as a roadway as platted. 15 16 Currently, the segment is undeveloped with vegetation. Furthermore, it appears that 17 some of the land area intended for the roadway has eroded into the canal to the South 18 (note: approximately 8 feet is submerged according to a boundary survey by David 19 Massey Land Surveying, Inc.,dated May 8,2007). 20 21 B. Use of the Road: 22 23 No permitted use of the subject segment of Pompano Drive was located by Staff. 24 Currently, the segment is not paved or utilized as a public right-of-way. Approximately 25 to the South of Block 11, Lot 20 of Anglers Park, the unproved roadway terminates at a 26 barrier, composed of fencing, boulders and vegetation. There is also safety signage 27 indicating that the xoadway has ended, 28 29 C. Development Potential: 30 31 It is unlikely that the subject segment of Pompano Drive could ever be opened to traffic. 32 Due to the construction of the canal and the erosion of some of the laud area intended for 33 the roadway, it would be difficult and for the county to construct a roadway that would 34 meet code. Furthermore, a finalized roadway would serve no other purpose than access 35 to the canal as all existing residences in the area have access either by the paved portion 36 of Pompano Drive or by Barracuda Boulevard. 37 38 If the right-of-way were to be abandoned, its land area would serve as an extension to the 39 Applicant's property and provide the Applicant's contiguous dry lots along Barracuda 40 Boulevard with ccess to the canal. Other than dockage, the existing shoreline setback 41 requirements would lwrl.ake it unlikely that a structure could be placed on the abandoned 42 portion. 43 44 As a note, many dry lots along Barracuda Boulevard have aggregated with contiguous 45 lots to the South along the canal (what was to be Tarpon Avenue) in order to build ` 46 docking facilities. Page 3 of 5 Reviewed by W:IGROWTH MA-iAGEIVMNDGeo\Upper 1{eys11 of to 107 Key Largo NorthlM V1103To'mpano Drive Key LargolPompano Drive B1.1 L18 RE 00552860\20090408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 2 D. Shoreline AcFess: 3 4 The subject segment of Pompano Drive runs along the mamnade canal and ends at 5 private property: Block 11, Lot 17 of Anglers Park. It does not terminate at open water. 6 Although there is shoreline access to the canal from the segment, partial erosion of its 7 land area and its location make the site an unfavorable location to facilitate any public 8 access. 9 10 E. Staff Review: 11 12 A review of the records and an on-site inspection of the property revealed the following: 13 14 1) The subject segment of Pompano Drive is currently uninxproved. Furthermore, it 15 appeaxs that some of the land area intended for the roadway has eroded into the canal 16 to the South. 17 18 2) 7t is unlikely that the subject segment of Pompano Drive„could ever be opened to 19 traffic. Furthermore, a finalized roadway would serve no other purpose than,access to 20 the canal. 21 22 3) If the right-of-way were to be abandoned, its land area would serve as an extension to 23 the Applicant's property and provide the Applicant's contiguous dry lots along 24 Barracuda Boulevard with access to the canal. 25 26 4) If the right-of-way were to be abandoned, there shall be no loss of any property 27 owners' rights of ingress and egress to their properties. 28 29 5) One adjacent property owner filed an objection to the; abandonment. However the 30 County Attorney determined that the objection was related to mangrove removal, and 31 consequently found that the petition could move forward for recommendation by 32 Staff. 33 34 6) No utility company filed an objection to the abandonment_ 35 36 7) The county has previously vacated portions of "Tarpon Avenue" and "Pompano 37 Drive" of Anglers Pa-tk subdivision in the past, including a portion to the South of 38 Block 11, Lots 16 and 17 in '1959. Bloch 11, Lot 17 is contiguous to the subject 39 property(to the West). Page 4 of 5 Reviewed by W:IGRQWTH MANAGBI. ENIAGeoftper Keys110I to 107 Key Largo North\M1A1031Pompano Drive Key LargoTompano Drive B I I L 18 RE 00552860120080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 VI RECOMMENDATION: 2 f G 3 Staff-recoxrunends APPROVAL to the Director of Planning&Envirolimental Resources if 4 the following conditions are met- 5 6 a. Block 11, Lots 4, 5 & 18 of Anglers Parr subdivision have been aggregated by a Lot 7 Aggregate Restrictive Covenant, recorded in Book 2257, Page 2478 of the Monroe 8 County Public Records. Lot 18 shall remain aggregated with.Lot 4 and/or Lot 5. 4 �e w Page 5 of 5 Reviewed by WAGROWTH MANAGEMENT1GeolUpper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key LargoTompano Drive 811 LI8 RE 00552860120080408 Pompano Dr Key Largo RE 00552860 Road Abandonment PetiTion.doc Road Abandonment P e fi" tio n — A Portion of Pompano Drive, Key Large, FL Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company APPROVALOF SHERIFF' S OFFICE (4/4/2008) l t> s 'e.icha1dD. Pwh, Shef r (*�1�w., JrS S QC�$©61�Qad � WeWest,YCarzda 33040 (305 FAX: X (305)2.92-7070 1-800-273-COPS { „W ; wu''iv.��eJssQ.rtefi SUBSTATIONS To: Kathy Peters Frecma:tSubstatinri Office of the CotinLy Attomey 20950 Overseas Hwy. Cudjae Key,FL 33042 (305)745-3184 Fr: Captain.Donald Hiller FAX(345)745-3761 Monroe County Sheriffs Office Marathon Substation Mar ov n I0w}: Mar Date:Marathon, EZ 33flS0 April 4,2008 (305)289-2430 FAX(305)289.2497Re: Road.abandonment Petition Review: Portion of Pompano Drive,Ivey largo, rl. Islarnnrada Substation 87000 Overseas Hwy. Islamorada,FL 33036 (305)853-7021 I have)reviewed the petition for road abandonment for the above-described FAX(305)853.9372 location. The property in question borders the petitioners other parcel of land- Tt Rot11 Building has never been used,to my knowledge,as a roadway to vehicle traffic. 50 High Point Road Ingress/egress is not an issue for emergency vehicles since the location is 8 er,F1.33070(305) y g y (305)R53-32[I currently ahead fenced off and is overgrown b trees and bushes. There is not FAX(305)853-3205 going to be an issue with additional traffic or Hazards to the neighborhood if this land is abandoned. DETENTION CENTERS Key West Del.Center 5501 College Road The Monroe County Sheriffs Office has no objections to the abandon-nent Key West,FL 33040 of this land. (305)293-7300 FAX(305)293-7353 A4anthon Del.Facility Please feel free to contact me if you have further questions. 3981 Ocean Terrace Marathon,Fi.33050 (305)289-2420 FAX(305)289-2424 Plantation Del-Facility 53 W&Paint Road Plantation Key,FL33070 (305)853-3266 FAX(305)853-3270 SPECIAL OPERATIONS RE65V9B P.O.I3nx M75 Marathon. 33050 (305)299-2410 FAX(305)289.2498 01Mg60WNT,YAr'N J.W X AVIATION DIVISION 10100 Overseas Hwy. Marathon,FL 33050 (305)289-2777 FAX(305)289-2776 COMMUNICATIONS 2796 Overseas H%Vy. Marathon,FL33C50 '',',- ;'=�. (105)289-235] j;• � ��;jt ' FAX(305)289-2493 * . Accea'w1aaCsm[stca Road Abandonment P e tio tio 0 n — A Portion of Pompano Drive, Key Largo, FL Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company APPROVAL,. OF FIRE MARSHAL (3/11/2008) I 1 BOARD Of COUNTY COMMISSIONERS Mayor Mario Ili Gennaro, District __ Mayor Pro tent Dixie M.5pehar, District 1 N TY Jo �0N ROE .� �' Charles"Sonny"McCoy, District 3 WESTFLORIDA Xio4o - George Neugent,District 2 CT OD51294-4641 ° Syria Murphy, District 5 Monroe County Fire Rescue ' Office of the Fire€Vtarsha! 490 63rd Street,Suite 162 Marathon, f E.33050 (305)289-60[0 ao� (305)289-60[3 Fax pnr f INTEIRDFF ICE Jl2EMORAIVDUM MQN � -� Q DATE: ivlal•cl� 11 2408 �G�A�GG�IV7'Y•4TTQ��� TO: Suz'utne A. Hutton,Monroe County Attorney Y FROM: Arthur"Walty" Romero,Assistant Fire Marshao SUBJECT: ROAD ABANDONMENT rNSPECTION: (Portion of Pompano Drive, Key Lai-go, Florida) The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. After an on-site inspection, it was determined the area has no fire department access and is not a feasibte drafting site for fire suppression. This office has no objection to the abandonment. If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office. cc: Chief Wayne Hinnant, Monroe County Fire Resale Capt. Steve Zavalney. Monroe County Fire Rescue Road Abandonment P e tio tio o n - A Portion of Pompano Drive, Ivey ]Largo, FIB Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company CODE ENFORCMENT HISTORY (1/29/2008) A'. Page 1 of 1 Peters-Katherine From: Norman-Ronda Sent: Tuesday,January 29, 2008 19:07 AM To: Peters-Katherine Subject: RE: road abandonment-a portion of Pompano Drive, Key Largo, FL Yes.Our only complaint/violation was for trash &debris. Nothing new in the system. Thanks, Ronda R�'D^01U L. NaVM01rat,, aPM Sr.Director,Code Enforcement Monroe County Code Enforcement 2708 overseas Highway#t400 Marathon,FL. =50 Office 305-289,2810 Fax 305-289-2536 Norman-ronda raotlraecourt v- Aav 3/24/2008 ~F "� BOARD OF COUNTY COMMISSIONERS Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tern Mario DiGennaro,District 4 U "f YN ROE - Mayor Pro Tern Dixie M.Spehar,District I F�oni©�a3nea T George Neugent,District 2 CO KeYvresr 2 caos>2944641 Sylvia Murphy,District 5 111112d-Stwd,Suite#408 ,'oat Off-&-Tax 1026 Y,#Weat, 92 33041-1026 (305)292-3470 ID 9—t Ali N T N Portion of Pompano rive Key Largo, Florida etiti nera Marvin D. Barrett etitioner's Agent: The Craig Company PETITION VIAL HAND 08LI EERYTge C4A Comprehensive Planning nesort/Tourism Planning Land Use Regulation Development Feasibility Site Design September 4, 2007 Expert Witness Mailing address: P.O. Box 97o Key West,FL 33041.0970 Ms. Suzanne Hutton, Assistant County Office location: 610 White St. Attorney Key West,FL 33040 Monroe County Phone: 305/294-1515 Fax: 30 5/292-15P.5 502 Whitehead Street Canail: lodel€@craigcornpany.com Courthouse Annex, 3rd Floor Key West, Florida 33040 Subject. Marvin D. Barrett- Road Abandonment Petition — Portion of Pompano Drive, Key Largo Dear Ms. Hutton: Y' 1 On behalf of our client, Marvin D. Barrett, enclosed are a Road Abandonment Petition for the abandonment of a portion of Pompano Drive in Key Largo, a $500.00 check for the fee thereof, and required Exhibits (four sets are included). Please request to schedule the road abandonment hearing at a Board of County Commissioner's meeting in Key largo. Please call me if you need any additional information or if I can assist in any way. Very truly yours, RECEIVED k Jodell Roberts SEE 0 4 2097 Planning Technician MONROF GOUNTY ATTORNEY Enclosures cc: Marvin D. Barrett V-1%A1.0.Rrgnlronririne BOARD OF COUNTY COMMISSIONERS Mayor Mario D1Gennaro,District 4 �,tr Mayor Pro Tern Dixie M.Spehar,District 1 U NITYS(0) �MQNRN � George Neugent,District 2KEY WEST LOMDA 33040 Charles"Sonny McCoy,District 3O3 {Z05)294-4CA1 Sylvia Murphy,Districts - Office of the County Attorney 1 RECEIVED 502 Whitchead Street,Rear Post Office Box 1026 SEP 04 2901p7 Key West, FL 33041-1026 (305)292-3470 MONROE COUNTY ATTORNEY Fax(305)292-351:6 ROAD ABANDONMENT PE TION DATE SUBMITTED : &d -AA/0-9 — C NAME OF PROPERTY OWNER(S): Marvin D. Barrett ADDRESS: 450 Barracuda Blvd._Ka Largo,FL 3303 PHONE(R) (C) 305-522-3652 t �,, E-mail: �'� ���,[��,Y'llvty�yt� C,o�Y,C�.��u� Fax: AGENT: The Craig Company, 610 White Street,Key West,Florida 33040 ROAD/EASEMENT (to be abandoned): A portion of Pompano Drive KEY: Largo Mile Marker: _Approx. 103-5 We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above-referenced street, alleyway, road or right-of-way as further depicted and described in the ,following attachments: Exhibit A Survey_(no larger than 11"x 17"or 8"x 11") Description of roadway to be abandoned and survey showing that portion marked with diagonal lines with petitioners' property clearly delineated and outlined, and showing all adjacent properties. Exhibit B Map of :on which road is located, clearly showing US 1,Mile Marker number and portion of road to be abandoned. Petitioner: Copy' Of Deedf-S - Petitioner certifies he is the sole owner of Lot 18, Bloch 11, ANGLERS PARK, a subdivision, according to the Plat thereof, as recorded in Plat Book 1, Page .159 of the Public Records of Monroe County, Florida, �gd that the abandomnent of said road will not take away from other property holders' rights of ingress and egress to their property, and that taxes for the year 2006 have been paid on their subject land. Exhibit D Legal_deser iption of that portion of the roadway that Petitioner seeks to have abandoned. Exhibits F-1, L-2, E-3, 1 -4,L-5 Letters of no ob'ectio from utility companies including, but not limited to: water, electric, telephone, and cable TV and applicable wastewater treatment facility. Exhibit F Letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Exhibit G See "Research and photographs/Staff Approvals" Section. No Exhibit G in NAY_ Photogirapbs (including aerial) of site, including portion of Pompano Drive to be abandoned. Petitioner seeks the abandomnent for the following reasons: The portion of Pompano Drive sought.to be abandoned is not a constructed road and not used as a public "ri ht-of wa . As shown on the photo"a hs includin aerial photograph attached as Exhibit G the unproved.portion. of Pompano Drive ends midway through Lot,2b which is East of Petitioner's Lot_IS ThP quimproved-12ortion of the road at Lot 20 and adjacent Lot 19 is densely vegetated, including adult trees. The unimproved platted road ad acent to Petitioner's lot 18 is a roc shoreline as shown on the Exhibit G photographs, including aerial, This portion of the road has eroded considerablyfrozn the time"the road was platted. Approximately fifteen (15) feet of the platted tight of wa is now submerged lands as shown on the survey, Exhibit A. The portion of Pompano Drive sought to be abandoned serves onl the Petitioner's VKqperty. Pompano Drive as platted ends at the western end of Petitioner's r perty at adjacent Lot 17.Paznpano_Drive at this point was vacated.by_BOCC Resolution in 1959"and is part of Lot 17. Adjacent Lot 17 is not affected by the proposed abandonment,_as Pomrrano Drive eftds before this lot and provides no access to the lot. Lot 1 p p_y _ . _ _.affected as access to Lot 19 via Pompano 19 which is ad"acent_to Petitioners ro ert to the Last.is not affe Drive will not be affected by the r osed abandonment. Petitioner owns Lots 4 5 and 18 Block 1I which have been agUegated by Lot A e ate Restrictive Covenan recorded in Book 2257 Pa e 2478 Monroe CouM Public Records and a residence with amenities is currentl under construction-per Building Permit 405304302, Access to theaggregated lot site will be via Barracuda Blvd. on the North. The Petitioner seeks to abandon the portion of Pompano Drive adjacent to Lot 18 to construct a dock. Petitioner agrees to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the vacation. Petitioner: 2 Petitioner further agrees to grant any casement necessary for the famishing of utilities, including without limitation,electric power,4ater,sewer,telephone,gas, cable and other electric communication services to the sarnc extent as is common within this area as to height,width and degree,upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed do=iients will be provided to the County before the petition is presented to the BOCC. Petitioner certifies that the road to be abandoned does not end at water or that, if it does, the road is not a dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by Couaty), The portion of Pompano Drive 12Wposed to be abandoned runs along the canal and ends at private property.Lot 17,Block 11,which includes a formerly vacated portion of road.Public access to open water is via Barracuda Blvd. WHERE,FORE,Petitioner formally requests the Honorable Board of County Commissioners = to grant this petition. //X A FE TIONVER M"I's personally known to me. ] Provided as identification Sworn to and,subscribed before me this day of 20 D-. LAG= GYM Illlllf/ Typed Notary Name and , . .: DC? �/fj� Notary Signature anal eal .0�.�.- #DD422352:�"'.,- Z kor. III } 'v BOARD OF COUNTY COMMISSWURS Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tern Mario DiGennaro,District4 VY V �� - Mayor Pro Tem Dixie Ni.Spehar,District 1 xev wEsr FI C3Ht0 i 33040 George Neugent District 2 (305)894.4$41 Sylvia Murphy,District a � U�ice a.�tffe C'acu�r�C�Et�crte� r 111112M Stwd,Suite##408 5'Qat ate ,1026 t 9fci 'Wmt, 9R 33041-102(a (305)292-3470 Portion of Pompano rive Key Largo, Florida Petitioner: Marvin A Barrett ti Petitioner's �pnt: The Craig Company Palment ofAppfi cation Fee - Check # 1012 BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro,District 4 j Mayor Pro Tem Dixie M.5pehar, Districti COUiNTY �(��ROE Charles"Sonny°,District 3 KEY WESTFLOMDA 33040 George Neugent,District 2 (aps)294AG41 � � Sylvia Murphy,District 5 502 411Wd=d Soteet,Jle= �. Yoad 0 f ire J3-1026 .-e f`IUeat, ;t, 33041-1026 (305)292-3470 MEMORANDUM TO: Ginger Campbell,Finance Department FROM: Kathy Peters, County Attorney's Office RE: Road Abandonment Petition—Portion of Pompano Drive, Key Largo (Marvin Barrett) Submission of Petition Fee—Check# 1012-$500 DATE: September 17, 2007 Enclosed please find Check No_ 1012 dated 8/28/2007 made payable to Monroe County in the amount of $500 received by this office from the Petitioner's agent, The Craig Company, on September 4, 2007 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_ KIYIP/ Enclosure(Check No. 1012) - 63-899/670 1412 i MARVIN BARRETT 9000098 . 492 BARRACUDA KEY K(EY LARGO 33D37 , FL 33U37 SATE—ll��.... C—tJ ORDER OF t .. ... .,.... ..� L 130LLAlt5 � .,.. F MMUNTly BANK K-y Largo ' �:06?00ag931: 9000D980 ?-1}" I0L2 r �•W- BOARD QF COUNV COMMISSIONERS Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tern Mario DiGennaro,District 9 O U N TY 0 N RO Mayor Fro Tern Dixie M.5pehar,District 1 Fcerv�sTjo '�M rar�io�a3oan George Neugent,District 2 (305)234.46d1 Sylvia Murphy,District 5 11111216 Stwet,Suite#408 gloat Ur ff ice`dux 1026 7Cer,tWeat, 92 33041-1026 (30S)292-3470 R 0 A A B A N D 0 N Mr1-1,'NT P-vw TITI : A Portion of Pom-"ano Drive Key Largo, F-lorida Petitioner: Marvin D. Barrett Petitioner's Age t4 The Craig Company EXHIBIT "'A" SURVEY r SHEET 2 OF 2 SHEETS /\ n I fJ Oh � fl.TAP 1..EIT 6 o on R�06 r+� �q m iuyy '2�06 BLOCK 11 4 P N a,. n l:� � T 11 -0 N t (Ql Dj 7,0 �n t of� < �r 1 F- ti Y Z ice'1�9 a = f D _ � a v C7 cue+ —. — ___. ..^ _.... .,..... ...... �U D W 1 p R Y ry,a t:h d1 ��I h 0 u} [' Ibi �p9w a p MM ` c 4 1 � �...E a !i h N 1~-• iqi� f6 �6 y� r •' n Pa u P4at = td 4. ' .' w FI i ab �' 9 1 0A0' Plnt = H. EL rh N . All \,per D �y t5 N fir T— v s � 1 S 7 `o T^ ! o, �_ + C r m PU Ii 1 ��X � C� r •/k/ I�ro + r k � NQTEt This is a sketch of description only, it does not represent a boundary survey and should not be used as such, The information depicted hereon was obtained from the Public Record and from a previous survey of adjoining propreties perform by this company on 12--22-03. This is sheet 2 of 2 sheets and is not complete without sheet 1. Subject property Is shown with a double crosshatch, See sheet I for signature and seal and abbreviation legend.. DAVID MASSEY LAND SURVEYING INC, —rxa6s / For- (ao5)es�-oz� 8$888 Ovenseab H€ghway , P.O. Box Sig. Tavemiar, Fl. &V70 Went garreft SKETC" 4F DESCR€PTiON Florida Certificate of Authorization No. LB 6956 section 14 , Township 61 South. Range 39 East Drafted: 5-48-07 Field€ook No. L-Bl Kay La a idohroe Courdy, Rodda Drawing No. 9155 Drawn By: RwL Scale: 1" = 40' BOARD OF COUNTY COMMISSIONER5 Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tern Mario DiGennaro,district 4 ( U N TYSonN' ROE Mayor Pro Tern nixie M.Spehar,District 1 George Neugent,District 2 KEY WG-`TDA 33040 $ IVia Murphy DlStriCt 5 (305)294.4641 y rR y� 11111246 Stwd,Suitz#408 Y oot Off ke Max 1026 µ �� -74 Wzat, 92 33041-1026 (305)292-3470 RIOAD N Portion of Pompano rive Key Largo, F, lorida efitioner: Marvin D. acre Petitioner's Agent: The Craig Company EXHIBIT " " { f: Location Map 4, � n +^�..,�-4� y ',��a''� _ � '1 f��..F f' F '��5�_ `'r w �-, f'� •u �$ `'k r �f- �� � f,dr _�'`_ �=n.2ak£rS?€_[� ' L�� n�I1'3(g���9"�_9• '.,.... r 1 .- rf J. I-•ti I �rr er ;r PL�� d/.ua rh�v+.e.r 51�.,. � �.........f �... 'j,Y" .•kt.:y`�,. f 2!t 's ,� s '''4 Fri n , � � ff r--- �n� [ m, � �� •. '' ,. `i ,.fr 3+r��`.`� •''S Ih I �`� J~ _ i k i _ +.i..T:j,f�`.. `^Y� ''4'.. 5Z` ` , ,{ f 'lJ' �'+. i 15 I ,• ,,{ f i _ fl I _ j_ �_ y�.fw. '-r! u,_+q•'• :. 7 `~"•1 E I'� ��� + {, �:N.wsx{ GRGR 4•.+rf,�r �.-t-�.4 �: _ � .._..,..vv4 t�,,• I -, t� �a,w •,., I,u:l,.;�� � � �'E.. �S'' ryt7, +,`ti.{•,�4a .v 7 I I ��I..[. rgr:m ' F P 1 I '+�I 'd, Yfr� � �. .�.„„y�.c ~d^�^n` �lY����;i, _ Ff , - rl � ';r '��� 3€ 1 4 I f s _.r r"—�� ♦'. ._.�f i... w � I,vr lr�'^_-_` .. ..�.'•.r`�. +� 4p 'ti�'"�d.�.�,.•ti,�•k._ I { 1 j {{{[ I �•�ui S.-`ti< �.... >_...��� S .� � � Property OT f= l��•I I L j r L p 7FT -r,�-�. r r -�--� ti Road y � � _ 'a� Portion of � [ -� [ r� �.� r �4 To Be Abandoned I B 1�9 E ! 5 w ram'; BOARD OE COUNTY COMMISSIONEE2S Mayor Charles"Sonny„McCoy,District 3 �^ Mayor Pro T'em Mario DiGennaro,i lstrict 4 It Q V N TYSO �MONROE Mayor Pro`�err�pixie M.Spehar,Distrirt l K6YWEST LORIDA a3aatl ' George Neugeurphy,nt,District 2 Ssns►284-asa: Sylvia Murpiny,District 5 a egwe c f the eautrt*Qftc;xrwj 1111104 Street,SidƘ .`j'cwf Offim M(rz 1026 s% 34`ttlwt, JT 33041-1026 (305)292-3470 A BD A N D 0 l 'T P1E TIT . Portion of Pompano Drive Key Fargo, Florida Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company EXHIBIT "C" COPY OF DEED 66ALMD06 MON 15:04 FAX Nome 1'f�181 s(xutxleaf was p c �€z etl by(sand after rctvrt ill Doc{ 152418 2 OV23/2005 10:129M Filed & Recorded in Official Records of return to), ) MONROE COUNTY DANNY L. KOLHAOt Chadea 0.Mort,Jr.,asq. i Charkcs 0.Morgan,Jr,,F,A. 1300 Northwest 167,sue'l,Stole 3 e5l23 7,0;CLAM p��p p40 STRTiP CL; FPFP82,117.50 No Miami,Hotida33169 ) f�05)6240011 Dccg# 2524181 Gmtce`s NAmb;MARVIN D. RARRE f,T Bk#8 2126 PON 211 Property Appraiser 1'�cxatyfdenfificu#ic+t�l*in.: FvlivNo.: Ofl5527Z-#39�OODD•i46]39 FalioNo.: 0055273-0000000-146139 ) Foiia Na., 4055�8G-U004004.14fii39 3 Abava Ord I,iacRctctvcd For OfGcix!yie O t TIiIJSTEE'�I?F..�D T'HS WDENTM,ode this day of kne, 2005, between CHARLES M. 13M, as Twstee of the KC, GANNA WAY REvOCAj3L,B TRIjST, dated January 21, 1992, hereinafter referred to as Gmtor, and MARVIN D. BARRETT,hereinafter referred to as Gfmtee,whose address is 450 BmTaatrda,Key La go,Florida 33037. WTTNESSET TT,� That thr,said Grantor,for and in consideration of tho gum.of Ten and 001100 (10.00) Dollars, in hand paid by said Grantee, tho receipt whereof is hereby acknowledged, and by these pzes=ts hereby grants, remises, releases, and conveys and eonfmw unto tho said Gmtee, and his successors and assigas forever, all tho estate, r 1.t; title, lieu, equity, kte t, r-Wm and d=and which the said Grantor bath in and to the following described lot, piece, vx Parcel Of land, situate, lying and being in the Cwuty of Momoe, State of Florida to-wit: Lots 4, 5 and 18,Block 1.1, ANgLFRS pARK, a subdivision, according to the Plat thereof,as recorded in Plat 1300k 1, Page 159, of Public Records of MQnroc County,Florida, SLUECT TO: Rest fictions, easements, CoAcutions, tsexvatiom, and liiWtatfons of,rewrd; zonitlg ordinances, if any, taxes for the year 2005 and subacquent years, TO HAVE AND TO HOLD the same togethor with all gingl W and appurtenances therewito bolvnging or in anywise apperEa:inirrg, and all of the estate, right, title, lien, interest and 0IQ7M whatsoever of the said Gralttor, either in law or et}ui%to the only proper use,benefit and behoofofthe(Irantee,ffi successors and assigns forever. II:57 Fla 004/004 f7aafi� 1��4i��. Btc 2126 pga 212 41 And the said Grantor doth oavenant With the said Grantee that it is lawfully seized of the said. preur -Ses; that they are of 0-11 emcumbr~ancm, and that it has good right and lawful authority to sell the same; and the said Gymitor does hereby fully warmt tIxe title to said Land,and Will defead the same against the lawful claims of all persons whonmWVer, IN VaTNESS 'PMREOr, the said Grantor has signed this Trustee's Deed the day and year above written.. ' i SSES: y � CRAPES At BUE,as Trustee of the Address: K.C. GANNAWA.Y REVOCABLE TRUST,dated Janumy 21, 1992 Address: 5866 S.W. 1201`Avramuc Cooper City,Florida,33330 Print Name: Z C� Address: STAT9 GF FWRWA, ) COUNTY OF ZAM-DADS) Z RKPW8 k`CFATI+Y that on this—4L� clay of Janet 2005, pmonally appearcd before me, an alficet duly authO-sized to administer oaths and take acknowledgments, CHARI,ES M. 8UM, as Trustee of the K.C. GANNAWA,Y REVOCABLE TRUST, dated. January 21, 1992, who provided a driver's license as identification,as the-individual doscribed herein, and who exeeuted tha foregoing deed attd he has acknowledged before me that he, execrated the same freely and voluntarily for the purrposm therein expressed. ttoNaeE COUNTY �rirJt Name: OpFICIAL. RSCORDs NOTARY PUBLIC,. fate of Florida My CoMmission Expires: ,., •", John D.Wh EX�rRfs .=My NOveroier a,206b "Wg gtraL'ED1HAot4rSrrNH�:SvAEECF.M�. BOARD RF COUNTY COMMISSLONERS _ Mayor Charles"Sonny"McCoy,District 3 Mayor Pro Tem Mario DiGennaro,District 4 COUNTY o �1 N RUE Mayor Pro Tem Dixie M.Spehar,District 1 KEY WEST F oA3Dk 33040 George Neugent,District 2 (305)2844641 Sylvia Murphy,District 5 a oj- 111112A SSceetccikc#4��ra= � �.��,,,_ •��� . `d'act gfiw Tax IV26 a � rffery.West, 9.0 33041-1026 (305)292-3470 IROAD N T Portion of Pompano rive Key Lalltlwo, Florida Petitioner: Marvin D. Barrett Petitioner's agent: The Craig Company EXHIBIT 66 " LEGAL DESCRIPTION Legal Description Portion of Pompano Drive Proposed to Be Abandoned DESCRIPTION OF PROPOSED RIGHT-OF-WAY VACATION: A parcel of land being a portion of a 20 foot wide right-of-way lying South of and adjacent to Lot 18, Block 11, ANGLERS PARK, according to the Plat thereof as recorded in Plat Book 1, at Page 159 of the Public Records of Monroe County, Florida, and being. more particularly described by metes and bounds as follows; BEGIN at the Southwest corner of said Lot 18, Block 11, ANGLERS PARK; thence run East along the South line of said Lot 18, Block 11, a distance of 55 feet to the Southeast corner of said Lot 18, Block Block 11j thence run South on the southerly extension of the East Line of said Lot 18, Block 11, a distance of 20 feet to a point on the South line of the aforesaid 20 foot wide right-.pf-way; thence run West along sold South line, a distance of 55 feet to the intersection of said line with the Southerly extension of the West line of said Lot 18, Block 11; thence run North along said Southerly extension, a distance of 20 feet to the POINT of BEGINNING. Contains 1100 square feet more or less. t � � BOARD OF COUNTY COMMISSIONERS Mayor Charles"Sonny"McCoy,District 3 • �~ Mayor Pro Tenn Maria DiGennaro,District 4 COUNTY 0�nN ROE _ r Mayor Pro Tern Dixie M.Spehar,District i KFY WEST (LORID�t 33040 _ George Neugent,District 2 (305►239 464t Sylvia Murphy,District 5 ogice of tfre 'C.a dy-attosuy >l ; 1111121f,Street,Suite#408 - goat iff ke 0oz 1026 r 34Wmt, 5:2 33041-1026 (305)292.3470 110"AD ABANDONMIENT P ETI" ' l a A Portion of Pom"a o Drive Key Largo, Florida Pet%t%onerm Marvin D. Barrett Petitioner's Agent: The Craig Company EXHIBIT "E" LETTERS OF NO OBJECTION — UTILITIES: FL Keys Electric Cooperative Association, Inc. 7/24/2007 Florida Days Aqueduct Authority 6/29/2007 Bell South 6/12/2007 Omeast Cable 5/25/2007 Key Largo Wastewater Treatment District 5/11/2007 sc FLORIDA. KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC.-FKEC a 91605 OVERSEAS HIGHWAY P.O.BOX 377,TAVERNIER,FL 33070-0377 cPH0!E`(395)')1!5 FAX:(3f�5}852-4794 , E yJ x n.} 1 ' .lodell Roberts Planning Technician The Craig Company P. a. Box 970 Key West;Florida 33041-0970 Dear Jodell, FKEC has reviewed the request to abandon a portion of Pompano Drive in I{ey Largo, Florida. FKEC has no objections to the proposed abandonment as requested. FKEC has no facilities located in the proposed road abandonment nor does FKEC have any immediate plans:for installation of any facilities in the affected area. If you need further assistance,please contact me.at(305) 852-2431, ext. 280. Respectfully, Don.Barton Senior Staking Technician Florida Keys Electric Coop J. Hobert Dean r i Chairman Key vest RorWa KeysMary L.Rice Uce-Chairman s,y Marathon Aqueduct Authority Elena Z. Herrera Post Office Box 1239 _ So=tary5reasurer _ Rockland Ke 1100 Kennedy Drive � .------�"�_'_,� Y ��#' KOY West,Florida 33041.1239 �. �'�.�����.. �i Rnse M.Dell Telephone(305)296 2454 ,'. - '•5 181g Pine Key 4�rtrv��,fl;a_ 21 (��1 sitt1 vff 'Y 'bavid C.Ritz ., s( Key Largo 7 cartes C.Reynofds ;.� u —Executive Director The Craig Cort3.pany Attn: Jodell Roberts P.O. Box 970 Key West,FL 33040 RE: - Abandonment of a section of Pompano Street that lies south of Lot 18,131k. 11, Anglers Park Subdivision,Key Largo Dear Ms. Roberts: The FKAA Board of Directors approved at the June 21,2007 meeting,the above referenced project. Pursuant to your request for the abandonment of the above-reference property, Staff has researched your request and have no objection to the abandonment since there are no future plans for any facilities in this roadway Should you have any questions,please do not hesitate to call this office. Sincerely, INUA YS AQUEDUCE T AUTH-011-1 x Y Edgar F, N>Icolle,fir. Distribution Design Specialist EFNlcm a cc: Kirk Zuelch, General Counsel Allyn Higley, Director of Maintenance Dept. Monroe County Building Department i qqS �liu" SOUTH i R Jinn Yeager,P.E. S <, :i•.' } Facility Specialist BellSouth/dba AT&T Florida 70 Atlantic Dr. „• —°' Key Largo,Florida 33037 phone:(305)453-9864 facsunile:(305)451-4232 06/12/2007 File#240.0900 The Craig Company Attn:Jodell Roberts P.0.Box 970 Key West,FL 33041-0970 Re: Release of R.igbt of Way of a portion of Pompano Dr,Anglers Park Subdivision in Key Largo,FL. Dear Ms.Roberts, Bellsouth has no objection to the above referenced right of way abandonment as described on your sketch and letter dated 5/24/07. it may be necessary in the future for the property ownerlowners to provide Bellsouth conduit on the property for future telecommunications needs. Uyou have any questions concerning this you can call me at the above number. Sincerely, � VJ mow' A 4 ` irrr Yeager P.E. Specialist M t Comeast Cable 101.0 Kennedy Drive. Suite 200 Key West,FL 33040 May 25, 2007 w,k "M The Craig Company Attention: fodell Roberts P.O. Box 970 Key West, FL 33041-0970 RE: 'Abandonment of a portion of Pompano Dr, Key Largo, Florida 33037 Dear Ms. Jodell Roberts: In Response to your letter, Comeast does not object to the abandonment of the portion of Pompano Drive bordering the rear of 450 Barracuda Blvd. as described in the Monroe County Road Abandonment Petition. If you have any questions or are in need of further information please- contact me at 305-809-1255. Sincerely, ;w� Greg Daniels Construction Technician Comeast Cable, Florida Keys { (3OS) 453 S804 ✓X; ralilRr��f�•'v, is f�i Ei'e (ail �`}' �-���� �� Y S� L, U L ItJ3 y '�LVLSI FL .May 11,2007 .lodell Roberts The L raigi:ompany PO Box 970 Key West,FL 33034 - Re: Abandonment bequest Marvin D.Barrett 25-Foot Right-of-way on Adams Waterway Dear Ms. Roberts, I am sending this letter in response to your letter dated May 24, 2007 regarding the abandonment of the 15 toot right of-way meat-toned above. The District's main concern is that all properties can be provided with wastewater collection service from a public right of way. My review of the materials submitted confirms that the properties affected can sti.tt be served fxom a public aright-ot-way it tuns right-ot-way is abandoned. Based on the information provided, I have no objection to abandoning the right-of-way described is your letter. f1ease be aware that once the Key Largo Wastewater Treatment District provides this axes with sewer, the affected property owners will be. required to connect from the adjacent right-of-way. 7f you any hn ther questions,please do not hesitate to call me at 305-45-S-58104. Sincerely, &Margafrqet/nBla(n-k,P.E. cc: File BQARD OF COUNTY COMMTSSIONHRs Maya'Charles"Sonny"McCoy,District 3 Mayor Pro Tern Mario DiGennaro,District g Mayor pro Tern D[Ae M,Spehar,District I U TY{EYWESTSonN' ROE D�18: George Neugent,District 2 40 (.M)294.4641 Sylvia Murphy,District 5 Office o f tfw e'awa*CC#arfrey. 11111216 Stwd,Suite#4V8 s�k 9Cqj Weal, fP_ 330414026 (305)292�3470 AID A AN ENT P TIT A Portion. of Pompano rive Key Lar o, Florida Petitioner. Marvin D. arrett Petitioner's Agent. The Craig Company EXHIBIT 66F9 ADJACENT PROPERTY OWNERS: LETTERS P NO OBJECTION: James N. Floyd, Floyd Holdings, L.P. 1/4/2008 (Lot 17) Roberto F. Gonzalez 10/11/2007 (Lot .9) LETTER P OBJECTION: :bran K. K.o yathy 10/13/2007 {Lot 8} ' A 1� Road Abando��i�Tzel�t �e�i�io�� s A. Portion of Pompano Drive .gist of Adjacent Owners Owrrcr and Mailing Address —Lot _ Fl.oyd Holdings L P,6800 Sir 68"' Street, Block 11, Lot 1.7,Anglers Park, PB 1-159 Sout[r Miami,'Florida 33143 which is owned by. Floyd G.P. Trust c/o Fames N. Floyd, Co-Trustee 474-prank Shaw-Road Tallahassee, Florida 32312 Roberto F. Gonzalez Block 11, Lot 19,Anglers Park, PB 1-159, 11990 SW 94'Court Key Largo Miami,Florida 33176 Fran K. Konnyailiy Square 10, Lot 8 & PT Pompano Dr., 164 Pompano Drive Anglers Park, Key Largo Key Largo, Florida 33037 James N. Floyd 474 Frank Shave Road Tallahassee, Florida 32312 IF f 1 , 200p 7 jj r �uti L? 1'E AiGfGfi_.._ pAr,d r` ,_...._...,k,cle tri1, T F.• Ms. Jodell Roberts Planning Technician The Craig Company P.Q. ,Box 970 Key West, Florida 33041 Subject: Abandonment of a Portion of Pompano Drive, Key Largo, Florida Request for Letter of No Objection Dear Ms. Roberts: I have received a copy of the petition to the County, including survey and legal description of the proposed abandonment of a portion'-of Pompano Drive in Key Largo along Lot 18, Block 11, Anglers Park Subdivision, and, as 1� of Floyd Holdings, L.P., owner of Lot 17, Block 11, Angler's Park Subdivision, have no objection to the abandonment. Very truly yours, ames N. yd Floyd Holdings, L.P. parr lAlcof Rrnn4onrirlr.n Pr erLy Information for 1678279 Page 1 of 2 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: q Alternate Ivey: 1678279 RE Number: 00552740-000000 Property Detaih OwNm of Rr;co 71 PROPERTY M W FLOYD HOLDINGS LP G800 SOUTH WEST 69`II'I ST MANE FL 33143 1 13 1 14)5 1 6 1 r 7 1 r 11 Pt1f5IC� Log,TLQ 490 BARRACUDA BLVD TRY LARGO BLVD BIC l I LTS 6 7.16&17 ANCTLERS PARK PSI-159 KEY LARGO OR518-580581ORG9;-691ORI147-78799DC skm P 0R2311-112829Q.C52�sn SUBDIMION: 7 I r, w ' 3 ANTLERS PARK SECTION.Towm%FIP.RANGE 14-61-39 I I ja L� AFyoRp&gT r Fls2ygI No MILI AGV GRatf' 50OX. j PC c� 0100-SINGLE FAMILY Land Det iils M UM.GDDv f PEP11)l LAM-AMA 010C-RRSIDENIIAL CANAL M575 SF Summa"ofDuildiap�s 1XIC11 R Ll7-DUPLDINGS 1 1539 I y-AfflCl2 or, CoAIAIgRC TAL BIFILA7,i.C.,a YexR Wiwi' 0 1963 Building Characteristics Building No 1 BUILDING TY1%, R1 CONDITION P QUALM GRADE 500 1.I-FEcrrvr AGE. 30 PrREMM, EIt 244 Dr5pucmxmi % 36 YEAR 13MT 1963 SPrew,ARcn 0 GR,ND ftoon AnA 1539 FUNCTIONAL Ow 0 rCONOh7IC Om 0 INCLUSIONS' R1 includes 13-fn[ure bath mrad I Idtchem RooF Ts FF GABLE HIP RooF CovER TAIL&GRAVEL HEAT) NONE Dina'2 NONE FOUNDATION NONE I;rDltOavls 3 HEAT SRC I NONE .Rr:AT 6RC 2 NONE ftmT FLAT Rm: 21!I7 BATH 0 4 F]XBATH 0 G FIX BATH 0 r%TRA FIX 0 VACUFJNu 0 SECURITY Lb GAnnAGE DISPOSAL 0 3 FIX BAn@ 1 5 Fit(BATH 0 7 Fix BA,TO 0 DismvAsmn 0 I<NTU RCOIK 0 FIRFPLA CES !) CompA,CToR 0 rsections b-ttp://www.mepafLorgidatacenter/searchlrecord-asp L11/1612007 Roberto F_ Gonzalez 11990 SW 941h Court Miami, Florida 33176 October 9 R , 2007i�, .�4. f _.....___.,... ri C,_fe_GPj' Ms. Jodell Roberts � �--- Planning Technician The Craig Company P_O_ Box 970 Key West, Florida 33041 Subject: Abandonment of a.Portion of Pompano Drive, Key Largo, Florida Request for Letter of No Objection Dear Ms. Roberts: I have received a copy of your petition to the County, including survey and legal description of the proposed abandonment of a portion of Pompano Drive in Key Largo' along Lot 18, Block 11, Anglers Park Subdivision, and, as the owner of Lot 19, Block 11, Angler's Park Subdivision, have no objection to the abandonment. Very truly yours, R>Sa erto F. Gonzalez a i Fran Kamyathy 264 Pompano Drive Key Largo, FL 33037 October 13, 2007 1-` � Ms.Jodell Robertsi _.. Planning Technician The Craig Company P 0 Box 970 Key West, Florida 33041 Subject: Abandonment of a Portion of Pompano Drive, Key Largo, Florida Letter of Objection Dear Ms.Roberts: I have received a copy of your petition to the County, including survey and legal description of the proposed abandonment of a portion of Pompano Drive in Key Largo along Lot 18, Block 11,Anglers Park Subdivision, and, as the owner of Lot 8 Block 10,Angler's Park Subdivision, I would like to review the information Mr. Barrett supplied to the ACRE that shows he was not responsible. Until then, I still object to the abandonment until further notice. Very truly yours, �@ &Mfo Fran Komyahty #NrA;Q& Ac4Ve CrIA +` Comprahensi�e Planning Resort/Tourism Planning Land Use Regulation Devetopment Feasibility Site Design October 11, 2007 Expert Witness Mailing address: P.O. Box 970 Key West,FL 33041-0970 Suzanne Hutton, Esq. ;/ office locatlon: 610 White St. Monroe County Attorney Key West,FL M40 P.O. Box 1026 Phone: 305/294-1515 ' Fax: 30 5P92-1525 Key West, FL 33041-1026 E-mail: jodelf®oraigcompany.com Subject: Marvin D. Barrett— Petition for Road Abandonment— Portion of Pompano Drive, Key Largo Dear Ms. Hutton: In accordance with your September 18, 2007 letter requesting various items to complete the Petition, we have contacted Fran Komyathy (owner of Lot S, Square 10 and a portion of Pompano Dr.), requested a letter of no objection and received a letter of objection. Please find enclosed our recent correspondence to Ms. Komyathy in response to her letter objecting to the proposed road abandonment due to removal of mangroves and trees in the proposed area. We have copied you to this letter so that you will be aware that we have addressed and dispelled the basis of Ms. Komyathy's objection. Per attached ALOE correspondence, Mr. Barrett is deemed not responsible for impacts in jurisdictional wetlands as impacts along the shoreline were in existence prior to the time Mr. Barrett purchased the property. We have again requested a letter of A no objection from Ms. Komyathy. In addition to providing Ms. Komyathy's anticipated letter of no objection, we will be responding to your September 18, 2006 letter once we have the material and information requested. Please contact me with any questions or comments. Very truly yours, Jodell Robert f Planning Technician Enclosures cc: Marvin D. Barrett (via Jocelyn Tiedemann) vitY'u raid a fl�✓..y. v f: t t= Ib:f,4�:4Li;� `t�f"•,�I1 :Y$ of�•'-`���:, t�:N'.S:i4 li'�,.._ Yy'i�::r.+'Z�I'•. .. 1(e,e lhfoe•t.Rransmnrlrinc `SEir�3�r�or rlr r�'fal rd�rF i � � ` `GETIl;ED !f!l"AIL s � FTtNRE €PT REQUESTED Resoc2lToursm Planning ng 4 Lana Use Regulation October 10, 2007 Development Feasibility Site Design Expert Witness Mailing address: P.0- Box 970 Ms. Fran K. Komyathy Key West,FL33041-0970 164 Pompano Drive Office Iecation: 610 While St. Key Largo, Florida 33037 Key West,FL33040 Phone: 3051294-1515 Fax: 305f292-1525 Subject: Abandonment of a Portion of -mail: jodell@craigcompany.com Pompano Drive, Key Largo, Florida Request for Letter of No Objection Dear Ms. Komyathy: Thank you for your timely response to our request for a letter as an adjacent owner in connection with the proposed abandonment of a portion of Pompano Drive in Key Largo along Lot 18, Block 11, Angler's Park Subdivision. On behalf of our client, we would like to respond to your objections, per your letter (copy attached) that refers to the removal of mangroves and trees in the proposed area. Attached hereto is a copy of correspondence from the Army Corps of Engineers (ALOE) to Mr. Barrett (the owner of Lot 18, Block 11, Angler's Park Subdivision), dated' June 11, 2007, that will dispel your objection. The ALOE recognizes in this letter that the impacts along the shoreline of Mr. Barrett's property were in existence prior to him purchasing the property and that he was not responsible for the impacts in jurisdictional wetlands. Please give me a call with any questions or concerns. We kindly ask that you forward your letter of no objection regarding the road abandonment to my attention. I have enclosed a form of no objection letter and self-addressed, stamped envelope. Thank you. Ay truly yours,ell R �- Planning Technician Enclosures dc, Su anne Hutton, Monr06.County Attarrley i .iif1S AV'I`.�i��kn.f lfnr lAme4.Rrnnlanrerrtc Fran K. Komyathy 164 Pompano Drive Key Largo, Florida 33037 a October 0, 2007 Ms. Jodell Roberts Planning Technician The Craig Company P.O. Box 970 Key West, Florida 33041 Subject: Abandonment of a Portion of Pompano Drive, Key Largo, Florida Request for Letter of No Objection Dear Ms. Roberts: I have received a copy of your petition to the County, including survey and legal: description of the proposed abandonment of a portion of Pompano Drive in Key Largo along Lot 18, Block 11, Anglers Park Subdivision, and, as the owner of Lot 8, and Part of Pompano Drive, Square 10, Angler's((�Park Subdivision, _. object .to the abandonment, d!a '('� Yl`` ! Dt`IYILc.vtl a, �S l �YDPd { aA Very truly yours, Fran K. Komyathy M15.-Xn'......-....-'f....-i.'•�i� it .f tCeie 1A7aeE.RronLenrlr[nn DEPARTMENT OF THE AR7 JACtCSQNV1U_E Dl37f2tCl"CORPS L1FI;NGINrEEFtS P,O.BOX 4970 5 ,/ .IA(,KS0NV1LLF=,FLORIDA 322 32-00 1 0 REPLY 10 June 11 , 2007 ATTF;N77o� of Regulatory Division Special Project/Enfgrcement Branch Enforcement Section SAJ-2006-553 (dog) Mr. Marvin Barrett Past Office Box 1638 Tavernier, Florida 33070 Dear Mr. Parrett This is in reference to the Cease and Desist Order dated April 16, 2007, regarding impacts to Waters Of the United States in association With Mechanized lanai clearing Kong the shoreline of your property. The project is located at mile marker 103, Lots 4, 5, and 18, Mock 11. in Angler' s Park subdivision, in Section 14, Township 61 south, Range 39 east, Key Largo, Monroe County, Florida . A review of the .information you supplied indicates impacts along the shoreline were in existence prior to you purchasing the property. You were not responsible for the impacts in jurisdictional wetlands, therefore, the cease and desist order is hereby rescinded. Your file will be returned to the Miami Regulatory Office to continue the evaluation of your application. You are cautioned that should you plan to place fill in wateno of the United States, which includes wetlands, or perform construction or excavation activities in navigable waters of the United states, you must apply for and recoive a Department of the Army permit prior to commencing work. Also, we suggest that you contact the appropriate office of the Florida Department of Environmental Protection (DEP) to determine State permit requirements, if applicable. Please be advised that., even under joint processing procedures, when a W or Water Management permit is issued, a permit from the Jacksonville .District, Corps of Engineers must also be obtained before the work can begin_ -2- If you have any questions concerning th3.8 matter, please contact Mrs . Dianne S. Griffin at the letterhead address or by telep?ione at 904-232--3697 ox- Ms. Shelly Carter; by telephone at 305-526-73.83. Sincerely, '�r for Eric 0, Summa Chief, Enfoicemen.t Section Copy Furnished: Ms . Gay Marie Smith, Post Office Box 1638, Tavernier, rloxida 33070 Fran K. Komyathy 164 Pompano Drive Key Largo, Florida 33037 4 October , 2007 Ms. Jodell Roberts Planning Technician The Craig Company P_O. Box 970 Key West, Florida 33041 Subject: Abandonment of a Portion of Pompano Drive, Key Largo, Florida Request for Letter of No abjection Dear Ms. Roberts: I have received a copy of your petition to the County, including survey and legal description of the proposed abandonment of a portion of Pompano Drive in Key Largo along Lot 18, Block 11, Anglers Park Subdivision, and, as the owner of Lot 8, and Part of Pompano Drive, Square 10, Angler's Park Subdivision, have no objection to the abandonment.. Very truly yours, Fran K. Komyathy ICe.5hloot.f3rnnlrpnrieina