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Item P06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/21/08 - KL Division: County Attorne 's Office Bulk Item: Yes X No 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 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 Array 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 CHANGES: N/A STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on ,Tune 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 COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year I 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 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, 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 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 11; 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 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 18t' day of June, 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tem Mario DiGennaro Commissioner Dixie Spehar Commissioner Sylvia Murphy Commissioner George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY ATTORNEY 1P--VED AS T�,,/ 01,E A NE A. UTTON D. • Vim BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Charles "Sonny" McCoy NOTICE OF PUBLIC HEARING NOTICE IS HER- GIVEN that the Board of County Commissioners of Monroe County, Florida, 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, 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 II, 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 descrihed 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 11; 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 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 BEGINMNG. 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 21" day of May, 2008. DANN Y 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 J.. A Portion o Pompano Key Largo, FL Petitioner's Agent: The Craig Company STAFFAPPROVALS County Engineer 4/24/2008 Planning Department 4/8/2008 (Conditional) Monr9e County Sheriff's Office 4/4/2008 Fire Marshal 3/1 1/2008 Code Enforcement History 1/29/2008 { - Yf / I I F Photograph of Pompano Drive Approx. Midway Point of Lot 20 which is East of Petitioner's Lot is. Pompano Drive Facing West Photographs of Portion of Pompano Drive 'Proposed to Be Abandoned Facing West Pompano Drive Adjacent to Petitioner's Lot 18 Facing East Pompano Drive Adjacent to Petitioner's Lot 18 91. The Board voted to Bond it's LeCol Advisor Sawyer and Spocinl Counsel J. L. 1—ter to TalUh..seo in behalf of legislation affecting taxation of Signboo Park and Peary Court Mousing Projects. On notion of Commissioner Adann, seconded by Ccn isaioner Frames the State Road Department will e be requested to reviau it's plans and opecifications for the Whi Lo street extension to take 16 feat nore of Cowty property, thereby elininating 10 feet on the East side which is privately ounod. There being no further business the mc.ti.S sou adjourns. hTTSSTi - ,-GJs� RPPiDVF,u��jly{ Gr �,GC-�^^• C' ------------- SPECIAL HEEIAiO BOARD COUF7fY C41?tISSIONERS Wednesday, 2 P, H. Hay 27, 1959 iSpecial meeting of the Board of County Cotaaiasianaro use hold on above data with all Ccovnissionor, ¢ present, except Commissioner Harry Harris. Y } o £ n Chairman Cerald 5aundara said the purpose of the mooting would be explained by the Clerk. F n Earl R. Adana, Clark, told the Caaraiasianara that after talking with Mr. Joe Henry, of the Stato o n u E Auditing Department, and the Fiscal Agent of the County in the sale of the Airport Hands that he felt the rosoly- tion adopted May 12, 1959, transferring fonds from the Airport Development and Replacement Fund to the Airport Construction Elrod, was incorrect because such items could be set up in the same fund whore the money now uas. Commissioner Wm. Freeman, Jr., saved that the Hoard's approval of the May 12th resolution providing for such transfer& be rescinded. Commissioner Clarence Higgs seconded, Notion carried unanimously. Co'sniasioncr PYocaan now offers the fallowing resolution for adoption, which was eaconded by Cast- 1 missioner A. H. Adams and unanimously approved$ RSS0LUTION i WIIEP.SAS, thorn is the sum of Thirty Thousand Dollars 330,000.00) in the Airport Replacement and Development Fund, and WHEREAS, the Board of County Cemaiesinnera of Honroa County, Florida, desire to IIII rtplaco an antiquated tiro apparatus at the County Airport with a modern fire apparatus and to erect a building to house ouch appratua at the Airport, now, therefore, S BE IT RSS3LVED BY THE HOARD OF COUIM CONHISSION5-0 OF EONROE COUNTY, FLORIDA, that the Clerk of said Board be and he is hereby directed to transfer 315,211.00 from Itom W 931 transfer to Airport Construction Fund to a newly created item in the Airport i Development and Replacement Fund to be known as item 851.01 Purchase. of Fira Apparatus r and to further transfer $9,789.D0 from Item #931 transfer to Airport Construction Fund and to also transfer 65,000.OD from Item #677 Necessary Replacements etc. to A newly crested item in Airport Development and Replacement Fund to be known as Item 851.02 Con- struation Fire Station making a total of B11y709.00 to be transferred to Item 651.02. Dated May 27th, 1959. Thorn being no further business the meeting now adjourns. I ATPEST>T` (°� p--.L, LY64i 3( APPROVE ,���1 CHAIRHAli REGULAR H=1110 BOARD COUNTY COVG ISSIONER5 8 P. H. TUESDAY JCNIS 1959 Regular meeting of the B'onxd of County Commissioners was held on above data with An Camaiesionera Also in attendance the eoardaa Legal Advisor Paul Sawyer, Clark Earl R. Adama,Eaning Consultant Jesse Iaraborough, Airport Consultant Harold Mde and about 15 intoroeted citiEane. Invocation van prounouncud by Hank Day. Public hearing was now tailed on the petition to abandon Blue Runner Street, South of Tarpon Ave., King Street South of Barracuda Blvd, Huray Street in it's ontiroty and a portion of Pompano Drive. 9/ There being no objectionc the following resolution was unanixsualy adoptedi RESMUT104 VACATINO PORTIONS OF STREETS WHEREAS, the Terrain Corporation made application to the Board of County Cormlcaieners of Floor— County, Florida,for vacating portiono or atroats on that certain Plat known as Anglers Park, A Subdivision, recorded in Plot Dook 1, pago 159 of the Public Records of 4 Monroe County, Floridn, and WHEREAS,noLlea has been given of its intention to: apply to said Hoard to vacate pertfonn of streets on said Plat by publication of a Motion in aceordance idth the law, and Publisher's Affidavit ahowing proof of ouch publication has been filed with said Board, and, WHEREAS, the vacation of said streets will not affect the ownership or persona ' ors other parts of said subdivision, NOW, THEREFORE, RE IT RSSOLVED RY THE BOARi1 OF COUN'TC CO}MISSIDIJERS OF HOIRIOE COUNTY, FLORIDA, that, portions of certain aircata on the Plat "own as Anelera Park, a Subdivision, recorded in Plat gook 1, pago 159, Mich partiono are described so follows - SLUE RUNNER STREr"T south of Tarpon Avenue. King Street south of Tarpon Avenue. King Street south of Barracuda boulevard and north of a lino drawn Parallel to and 30 feet north of the north right-of-way lino of Tarpon Avenue. Horay Street in its entirety. Turbot Street south of garraeude Boulevard and north of a line drawn parallol to and 30 feet north of the north righL-of-way line of Tarpon Avenue. Paaapno &rive between the east and west boundary lines of Lots iE and 17, Block 11, extended south to the lagoon or to the north boundary line of The Cross Key Largo waterway as defined by previous action of the County Commissioner.. be and the same is hereby vacatad and aai: property is hereby returned to acreage and the ovnerahlp of same reversed to the subeividers as disclose by said plat forthe purpose, of taxation. DE IT FURTeiE-? £a9LSED BY SAI:; Jd3D that this vacs Lion shall not oecome effectivo until a certified cap, o£ same has been idea in the office of the Clerk of the Circuit Court and duly recorded in the Public ,Records of Honree Cuunt;,Florida. Dated this Znd day of June, A. D. 1959. ---------------------- The Fia or Alonzo Cothron of 62,366.25 for CRD 13L-59 won the only bid received for mis work. Ceauaiasloocr HiCge moved, seconded by Commissioner Freeman that the bid be rufarred Segincer and Chairman of the Road Committee with power to act. Attorney F6n. R. Neblett presented the 3oare with a petition requesting abandonment of a section of Palermo Drive, Of the Amended Plat of Venetian Shores Subdivision 6fM antation Key. Commissioner Higgs move and Commissioner Alma seconded, that a public hearing be held on the petition for abandonmant. 1"ation carried unanimously. Fire Marshall Ray 0, Rushae asked that an additional, piece of fire apparatus be purchase for Herathon. Commissioner Higgs moved, seconded by Commissioner Adams, that the request ba reforrod to the ;Chairman of the Finance Committee for consideration whon the next budget is prepared. Motion carried. Al Lockland flaked for a fire apparatus and a piece of County owned land on which to eruct a tfire house for the Big Pine Key Volunteer Fire Departewnt. He said the. area had bean plagued with bruah 5 fires and the Harathon fire truck had to put the fires out. S4 Commissioner Harris said he had hopes of the County obtaining from the Civil Defense two fire Apparatus at $1.00 each. On motion of Commissioner Higgs, seconded by Cammiaaioner Freeman, the matter was referred to Commissioner Harris. A telegram from the Florida Shorea and Roach Preservation Association, asking the County Commissioners to ask Honroo County'a Senator and Raprosentative to support certain legislation, was read. Tha Clerk waa instructed to inform the Aooccintion'a Secretary that the latter referred to in the !telegram had never been received and neither had the Board ruceivad copies of the legislation in question. A copy of a letter cent by the Key West Mniaterial Alliance to the City Commissions, regarding F I bar closing hours in the city of Key WoBt, was read for information of the Commiasionora only, i 4 oc ION 09, Q-A fi A Portion of Pompano Drive, Key Petitioner's Agent: The Craig Company Monroe County Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 - Fax MEMORANDUM TO: Suzanne A. Hutton County Attorney FROM: David S. Koppel County Engineer DATE: April 24, 2008 Ri=CEIVED APR 2 - 20 MONROE COUNTY ATTORNEY RE: Petition for Road Abandonment Portion of Pompano Drive, Angler's Park Subdivision, PB 1-159, Key Largo Petitioner: Marvin D. Barrett, Agent: Jodell Roberts, The Craig Company After reviewing the Planning Department's April 8, 2008 determination that the road does not terminate in open water, the Engineering Department has no objection to the proposed abandonment. If you have any questions, please call. C C OUNTY SotM, ®AOE E FYV�$TLOE RDA M04o (305)294-4649 a 111112d Sty, S to 4V8 font Offkz ` oz 1026 Wed, #L' 33041-1026 (305) 292-3470 ►li' if i `.: �f� Ili mannE �lE Mayor Charles "Sonny" McCoy, District 3 Mayer Pro Tern Mario DiGennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 TO: David S. Koppel, P.E., County Engineer FROM: Suzanne A. Hutton, County Attorney RE: Road Abandonment Petition Review: Portion of Pom ono Drive Key Largo, FL Petitioner: Marvin D. Barrett - Agent: Jodell Roberts, The Craig Company DATE: February 6, 2008 Your memorandum dated 2/5/08 indicates you `:.have no objections subject to.... verocation 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 staff approval. We have provided you with all documentation received by us or resulting from 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 all Staff is to draw upon the expertise 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 G.P.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 IHinnant, Fire Chief Undersheriff Colonel Rick Ramsay, MCSO Ronda Norman, Director, Code Enforcement Agent Jodell Roberts, The Craig Co. for Petitioner, Marvin D. Barrett C UNTV v�MONROEKEY WEST LORIDA 33040 (305) 294-4641 Monroe County Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 - Fax MEMORANDUM TO: Suzanne A. Hutton County Attorney FROM: David S. Koppel County Engineer DATE: February 5, 2008 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario Di Gennaro, District 4 Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia J. Murphy, District 5 RECE' VEiD FF8 0 6 2000 MONROE COUNTY ATTOal%�V 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 road at end) If you have any questions, please call. A Portion of Drive.. IMM WO T 701 W, J. � W: 0, Petitioner's Agent: The Craig Company CKI ►] `I I] Y Y (IT►/_�iI_�� VAW�I[I] MEMORANDUM ' MONROE COUNTY PLANNING & ENVIRONMENTAL REsouRcEs ]DEPARTMENT We strive to be caring, professional anrifrair W)NIROE C0U1ti! Fy A70RW To: Suzanne A. Hutton, County Attorney Through: Townsley, Schwab, Acting Sr. Director of Planning &. Environmental Resource From: Joseph Haberman, Principal P er Date: April 8, 2008 Subject: Requestfor Road Abandonment: Segment of Pompano Drive, Key Largo, Mile Marker 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, Key Largo, mile marker 103.5 (oceanside) 13 Legal Description: Bloch 11, Lot 18, Anglers Park, PB 1-159 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, the 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 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 28 111 PRIOR COUNTY ACTIONS: 29 30 None applicable. Page 1 of 5 Reviewed by W:IGROWTH MANAGEMENT\Geo\Upper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key LargolPompano Drive BI1 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc IV BACKGROUINO INFORMATION: A. Approximate Size of Roadway Segment to Abandoned: 1,100 W (55 ft x 20 ft) B. Land Use District: Improved Subdivision (IS) C. Future Land Use Map (FLUM) Designation: Residential Medium (RM) D. Tier Designation: Tier III E. Existing Use: Vacant F. Existing Vegetation / Habitat: Developed G. Community Character of Immediate Vicinity: Single-family residential H. Flood Zone: AE — EL 9 V REVIEW OF APPLICATION: Marvin D. Barrett has submitted a petition to the Office of the County Attorney requesting that -the county abandon a segment of Pompano Drive in Anglers Park subdivision on Key Largo. If abandoned, the road segment shall be aggregated with a contiguous parcel of land, currently under Marvin D. Barrett's ownership and identified as Block 11, Lot 18 of Anglers Park. Marvin D. Barrett also currently owns Block 11, Lots 4 and 5 of Anglers Park. Both of these parcels are contiguous to Lot 18, located to the North along Barracuda Boulevard. According to the application, the property owner is seeking the abandonment in order to Page 2 of 5 Reviewed by WAGROWTH MANAGEMENTIGeo\Upper .Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive B1 I L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc construct a dock, which would be an accessory use/structure to a single-family residence approved on Lot-4 via Building Permit 053-4302. A. Roadway Description: Pompano Drive was platted as part of the Anglers Park subdivision, as shown in Plat Boole 1, Page 159 of the Public Records of Monroe County. The improved section of Pompano Drive terminates midway along the southern property line of Block 11, Lot 20 of Anglers Park. A platted, but unimproved, section of Pompano Drive continues along the southern property lines of the remaining part of Lot 20 through Lot 12, or where the roadway merges into Tarpon Avenue on the plat map. However, Tarpon Avenue was later built as a canal (Key Largo Waterway). Therefore, it does not serve as a roadway as platted. Currently, the segment is undeveloped with vegetation. Furthermore, it appears that = some of the land area intended for the roadway has eroded into the canal to the South (note: approximately 8 feet is submerged according to a boundary survey by David Massey Land Surveying, Inc., dated May 8, 2007). B. Use of the Road: 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 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. C. Development Potential: It is unlikely that the subject segment of Pompano Drive could ever be opened to traffic. Due to the construction of the canal and the erosion of some of the land area intended for the roadway, it would be difficult and for the county to construct a roadway that would meet code. Furthermore, a finalized roadway would serve no other purpose than access to the canal as all existing residences in the area have access either by the paved portion of Pompano Drive or by Barracuda Boulevard. If the right-of-way were to be abandoned, its land area would serve as an extension to the Applicant's property and provide the Applicant's contiguous dry lots along Barracuda Boulevard with access to the canal. Other than dockage, the existing shoreline setback requirements would make it unlikely that a structure could be placed on the abandoned portion. As a note, many dry lots along Barracuda Boulevard have aggregated with contiguous lots to the South along the canal (what was to be Tarpon Avenue) in ,order to build docking facilities. Page 3 of 5 Reviewed by W:IGROWTH MANAGEMENT1Geo\Upper Keys1101 to 107 Key Largo North\MM103Tompano Drive Key Largo\Pompano Drive B11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition. doc D. Shoreline Acc(?�s: The subject segment of Pompano Drive runs along the rna=ade canal and ends at private property: Block 11, Lot 17 of Anglers Parlc. It does not terminate at open water. Although there is shoreline access to the canal from the segment, partial erosion of its land area and its location make the site an unfavorable location to facilitate any public access. E. Staff Review: A review of the records and an on -site inspection of the property revealed the following: 1) The subject segment of Pompano Drive is currently unimproved. Furthermore, it appears that some of the land area intended for the roadway has eroded into the canal to the South. 2) It is unlikely that the subject segment of Pompano Drive could ever be opened to traffic. Furthermore, a finalized roadway would serve no other purpose than access to the canal. 3) If the right-of-way were to be abandoned, its land area would serve as an extension to the Applicant's property and provide the Applicant's contiguous dry lots along Barracuda Boulevard with access to the canal. 4) If the right-of-way were to be abandoned, there shall be no loss of any property owners' rights of ingress and egress to their properties. 5) One adjacent property owner filed an objection to the abandonment. However the County Attorney determined that the objection was related. to mangrove removal, and consequently found that the petition could move forward for recommendation by Staff. 6) No utility company filed an objection to the abandonment. 7) The county has previously vacated portions of "Tarpon Avenue" and "Pompano Drive" of Anglers Park subdivision in the past, including a portion to the South of Block 11, Lots 16 and 17 in 1959. Block 11, Lot 17 is contiguous to the subject property (to the West). Page 4 of 5 Reviewed by W:IGROWTH MANAGEMENT1Geo\Upper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive B11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc I VI RECOMMENDATION: 2 3 Staff recommends APPROVAL to the Director of Planning & Environmental 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. ]Page 5 of 5 Reviewed by W:IGROWTH MANAGEMENnGeo\Upper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive B 11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc DOGN 1617042 12111/200719:47RK FAIad & Racardad &n Official Reccrdz of HUROP. COUNTY DANNY L. KOL RO This instrument was prepared I)y'. Gay Marie Smith PC Box 1635 Tavernier, FL, 33070 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. 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: ® 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-family residence; and 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 I oF2 Rk# 00552720.000000, 00552730.000000 & 00552860-000000 4 OWNER arvjn Barre 450 Barracuda Blvd. Key Largo, FL 33037 Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this -day of , 2005, by Marvin Barrett, who is personally known to me. r LC.•fc_ it�-�Fic� SOF •LTUANEAWRAVEr, N tary Public (Print Nq' c�u►aisshoUNLsMP P `p [?I�15�63F Not y- Public (Signature) My Commission Expires HQNROE COUNTY OFFICIAL PUBLIC RECORD Lot Aggregation Restrictive Covenant Page 2 of 2 RE# 00552720.000000, 00552730,000000 & 00552960.000000 A Portion of Pompano Drive, Key Largo, FL VIA HAND DELIVERY Mays), 2008 Ms. Suzanne Hutton, Assistant County Attorney Monroe County 1111 12th Street, Suite #408 Key West, Florida 33040 Subject: Marvin D. Barrett - Road Abandonment Petition — Portion of Pompano Drive, Key Largo Dear Ms. Hutton: ECEIVED MAY 0 8 2000 MONROE COUNTY ATTORNEY 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 4/8/08 (copy attached). Very truly yours, ft 0 Marvin D. Bart Petitioner Enclosures cc: The Craig Company W- , B. dO���fii �� 'N,1SStpN •�0 r X11filll i This instrument was prepared by: Gay Marie Smith PO Box 1638 Tavernier, FL 33070 Doc# 1617042 12/11/2066 20:47RH Filed & Recorded In Official Records of MONROE COUNTY DANNY L. KOLHAGE DacU 1617042 RkN 2257 Pg# 2478 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, 51 18 Block: 11 Subdivision: Anglers Park Key; La_ rgo PB: 1-159 Real Estate #(s) ,00652730.000000, 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 #05304302 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 parcel(s) shall have its density reduced from three dwelling units -to one dwelling unit in consideration of a building permit to build a singlf'amily residence; and ® 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 i of 2 RE# 00552720.000000, 00552730.000000 & 00552860.000000 to a • This covehant is intended to benefit and run in favor of the County of ' Monroe; and gift • 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 day of �. OWNER anrin . Sarre 450 Barracuda Blvd. Key Largo, FL 33037 Signature Printed Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this, day of , 2005, by Marvin Barrett, who is personally known to me. f My Commission Expires MONROE COUNTY OFFICIAL PUBLIC RECORD (f TEFAKCAWPALEri N tary Public (Print N 4' C4MMIS8'0Nfd1.*r• P CU1516S f LFv'Of REF`T 22.7D�§ S- n. z« Not Fy Public (Signature) Lot Aggregation Restrictive Covenant Page 2 of 2 RE# 00552720.000000, 00552730.000000 &. 00552860.000000 r a g i"agg ` RECEIVED MEMORANDUM APR .15 200 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCEs DEPARTMENT We strive to be caring, professional and fair MONROE GGUN"FY ATrcRr� To: Suzanne A. Hutton., County Attorney Through: Townsley, Schwab, Acting Sr. Director f Planning & Environmental Resource From: Joseph Haberman, Principal P er Date: April 8, 2008 Subject: Request for Road Abandonment.• Segment of Pompano Drive, Key Largo, Mile Marker .103.5 1 I REQUEST: 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 (oceanside) 13 Legal Description: Block 11, Lot 18, Anglers Park, PB l -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, the Craig Company 19 20 Il 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 abandonment 24 petition. The Bord 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 I of 5 Reviewed by 73;— W:\GROWTH MANAGEMENT1GeolUpper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largoftmpano Drive B11 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doe 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 IV BACKGROUI\W INFORMATION: A. Approximate Size of Roadway Segment to Abandoned: 1,100 ft' (55 ft x 20 ft) B. Land Use District: Improved Subdivision (IS) C. Future Land Use Map (FLUM) Designation: Residential Medium (RM) D. Tier Designation: Tier III E. Existing Use: Vacant F. Existing Vegetation / Habitat: Developed G. Community Character of Immediate Vicinity: Single-family residential H. Flood Zone: AE — EL 9 V REVIEW OF APPLICATION: Marvin D. Barrett has submitted a petition to the Office of the County Attorney requesting that the county abandon a segment of Pompano Drive in Anglers Park subdivision on Key Largo. If abandoned, the road segment shall be aggregated with a contiguous parcel of land, currently under Marvin D. Barrett's ownership and identified as Block 11, Lot 18 of Anglers Park. Marvin D. Barrett also currently owns Block 11, Lots 4 and 5 of .Anglers Park. Both of these parcels are contiguous to Lot 18, located to the North along Barracuda Boulevard. According to the application, the property owner is seeking the abandonment in order to Page 2 of 5 Reviewed by- W:IGROWTH MANAGEMENr1Geo\Upper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive BI I L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doe I construct a dock, which would be an accessory use/structure to a single-family residence 2 approved on apt 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 1 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 Iater 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 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 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 land 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 Ocess 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:IGROWTH MANAGEMEYnGeoMpper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive B11 L18 RE 00552860\20080408 Pornpano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 2 D. Shoreline 4clVess: 3 4 The subject segment of Pompano Drive runs along the manmade 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 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 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 Park subdivision in the past, including a portion to the South of 38 Block 11, Lots 16 and 17 in '1959. Block 11, Lot 17 is contiguous to the subject 39 property (to the West). Page 4 of 5 Reviewed by W:IGROWTH MANAGEMEN AGeo\Upper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key Largo\Pompano Drive r311 L18 RE 00552860\20080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc 1 2 3 4 5 6 7 8 VI RECOMMENDATION: 6 Staff recommends APPROVAL to the Director of Planning & Environmental Resources if the following conditions are met: a. Block 11, Lots 4, 5 & 18 of Anglers Park subdivision have been aggregated by a Lot Aggregate Restrictive Covenant, recorded in Book 2257, Page 2478 of the Monroe County Public Records. Lot 18 shall remain aggregated with Lot 4 and/or Lot 5. Page 5 of 5 Reviewed by� W:IGROWTH MANAGEM I%MGeolUpper Keys1101 to 107 Key Largo North1MM1031Pompano Drive Key LargoTompano Drive B11 L18 RE 00552860120080408 Pompano Dr Key Largo RE 00552860 Road Abandonment Petition.doc �JT�itf14� 0 A Portion of Pompano Drive, Key Largo, FL Petitioner: Marvin D. Barrett Petitioner's Agent: The Craig Company Monroe County Shei ff's Office Richard D. Roth, Sheriff 5525 Coffege Road Key West, Florida 33040 (305) 292-7000 FAX: (305) 292-7070 1-800-273-COPS www,kerysso.net SUBSTATIONS To: Kathy Peters Freeman Snbstatinn Office of the County Attorney 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305) 745-3184 Fr: Captain Donald Hiller FAX (305) 745-3761 Monroe County Sheriffs Office Marathon Substation 3103 overseas Hwy. Date: Aril 4, 2008 Marathon, FL 33050 P (305)289-2430 FAX (305) 289-2497Re: Road abandonment Petition Review: Portion of Pompano Drive, Key Largo, Fl. Islamorada Substation 87000 Overseas Hwy. Islamorada, FL 33036 (305) 853.7021 1 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. It Rath 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 (305) Tavernier, FL 3211 70 (305)853-3211 currently already fenced off and is overgrown b trees and bushes. There is not y y � y FAX (305) 853-3205 going to be an issue with additional traffic or hazards to the neighborhood if this land is abandoned. Key West Bet. Center 5501 College Road The Monroe County Sheriffs Office has no objections to the abandonment Key West, FL 33040 of this land. (305)293-7300 FAX (305) 293.7353 Please feel free to contact me if you have further questions. Marathon Del. Facility 3981 Ocean Terrace Marathon, FL 33050 (305)289-2420 FAX (305) 289-2424 Plantation Del. Facility 53 High Point Road Plantation Key, FL 33070 (305)853-3266 FAX (305) 853-3270 RENYR SPECIAL OPERATIONS P.D. Box 500975 Marathon, FL 33050 einno (305) 289-2410 ° + FAX (305) 289.2498 WMAtom'+Y'MTWATTl F-Y AVIATION DIVISION 10100 Overseas Hwy. Marathon, FL 33050 (305)289.2777 FAX (305) 289-2776 2796 Overseas Hwy. , Marathon, FL 33050 ¢ (305) 289-2351 FAX (305) 289-2493 ecmwi a i� cammtxiion X� a Petition — 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) C UNTY jo�MONROE KEY WESTLORIDA 33040 (sos)z9a-4641 Monroe County Fire Rescue Office of the Fire Marshal 490 63rd Street, suite 162 Marathon, F1. 33050 (305) 289-60I0 (305) 289-6013 Fax DATE: March I I , 2008 BOARD OF COUNTY COMMISSIONERS mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 Charles "Sonny" McCoy, District 3 George Neugent, District 2 r Sylvia Murphy, District 5 INTEROFFICE MEMORANDUM TO: Suzanne A. Hutton, Monroe County Attorney FROM: Arthur "Wally" Romero, Assistant Fire Marsha SUBJECT: ROAD ABANDONMENT INSPECTION: (Portion of Pompano Drive, Key Largo, Florida) 11`FC1E�I V,rr 1i/80j� °OU�rY,� 9 rrORNZY 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 feasible 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 ill this matter, please contact our office. CE cc: Chief Wayne Hinnant, Monroe County Fire Rescue Capt. Steve Zavalney, Monroe County Fire Rescue Portion 1" Pompano Drive, Key Largo, Petitioner's Agent: The Crai,.,q-o Page 1 of 1 Peters -Katherine From: Norman -Ronda <• Sent: Tuesday, January 29, 2008 11:07 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 Sr. Director, Code Enforcement Monroe County Code Enforcement 2798 Overseas Highway 4400 Marathon, FL. 33050 Office 305-289-2810 Fax 305-289-2536 Norma n-ron€ta@monroecounty-fixiov 3/24/2008 C UNTY A�MON ROE KEY WEST FLORID#33= (305)294-4641 amw q tfw %aunt* mtm: 1111121fi Stud, Suite #40 Y"t Off -ice jlkx 1026 Xx*Wwt, 92 33C41-1026 (305) 292-347C Mayor Charles 'Sonny" McCoy, District 3 Mayor Pro Tern Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 Portion of Pompano Drive Largo,Key Florida Petitioner'sAgent: The Craig Company (VERY ®, September 4, 2007 Ms. Suzanne Hutton, Assistant County Attorney Monroe County 502 Whitehead Street Courthouse Annex, 3rd Floor Key West, Florida 33040 Comprehensive "Planning Resort/Tourism Planning Land Use Regulation Development Feasibility Site Design Expert Witness Mailing address: P. O. Box 970 Key West, FL 33041-0970 Office location: 610 White St. Key West, FL 33040 Phone: 305/294-1515 Fax: 30 51292-1525 E-mail: jodellQcraigcompany.com Subject: Marvin D. Barrett - Road Abandonment Petition — Portion of Pompano Drive, Key ' Largo Dear Ms. Hutton: 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, Jodell Roberts Planning Technician Enclosures cc: Marvin D. Barrett RECEIVED 0 4 2007 MONROE COUNTY ATTORNEY Vl %Alcef . P1—,Lan,;Al C UNTY So��2�ROE KEY WEST 33040 (305) 294-4&11 Office of the County Attorney 502 Whitehead Street, Rear Post Office Box 1026 Key West, FL 33041-1026 (305) 292-3470 Fax (305) 292-3516 BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Charles 'Sonny" McCoy, District 3 Sylvia Murphy, District 5 RECEIVED SEP 0 4 2007 MONROE COUNTY ATTORNEY ROAD ABANDONMENT PETITION DATE SUBMITTED : &d - q A/_/6- f C" NAME OF PROPERTY OWNER(S): Malvin D. Barrett ADDRESS: 450 Barracuda Blvd., Ka Largo, FL 33037 PHONE (H) WA 55- �� 19 (W) '3(O (c} 305-522-3652 E-mail: Fax: j o 5 } r 5 3 S c;x- AGENT: The Craig Company, 610 White Street, Key West, Florida 33040 ROAD/EASEMENT (to be abandoned): A portion of Pompano Driv KEY: , Larao 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 Suirve (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 Kew on which road is located, clearly showing US 1, Mile Marker number and portion of road to be abandoned. iW ;�l Petitioner: Exhibit C Co of Deed�sl - Petitioner certifies he is the sole owner of Lot 18, Block 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, acid that the abandonment of said road will not take away from other property hollers' 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 deseri Lion of that portion of the roadway that Petitioner seeks to have abandoned. Exhibits E-1, E-2, E-3, E-4, E-5 Letters of no objection from utility companies including, but not limited to: water, electric, telephone, and cable TV and applicable wastewater treatment facility. Exhibit E Letters of no objection from all adjacent property owners and list of names and addresses of all ad`acent property _owners. Exhibit G - See "Research and Photographs/Staff Approvals" Section. No Exhibit G in RAP. Photographs (including aerial) of site, including portion of Pompano Drive to be abandoned. Petitioner seeks the abandonment for the following reasons: The portion of Pom ano Drive sought to be abandoned is not a constructed road and not used as a public right of w_..y. As shown on the_p,hotographs, includingaerialphotog_rVh attached as Exhibit G, the inroved portion of Pompano Drive ends midway through Lot 20 which is East of Petitioner's Lot 18, The unimm roved ortion of the road at Lot 20 and adjacent Lot 19 is densel ve etated includin adult trees. The unimproved platted road adjacent to Petitioner's lot 18 is a rocky shoreline as shown on the Exhibit G photographs,including aerial This portion of the road has eroded considerabl from the time the road was platted. Approximatply fifteen 15 feet of the platted right of way is now submerged lands as shown on the survey, Exhibit A. The portion of Pompano Drive sought to be abandoned serves only the Petitioner's propggy. Pom ano Drive as platted ends at the western end of Petitioner's proppa at adjacent Lot 17. Pompano 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 pmposed abandonment as Pom ano Drive ends before this lot and nmides no access to the lot. Lot 19 which is adjacent to Petitioner's propgft--y to the East is not affected as access to Lot 19 via Pompano Drive will not be affected by the pWosed abandonment. Petitioner owns Lots 4 5 and 18 Block 11 which have been aggregated by Lot Aggregate Res#rictive Covenant recorded in Book 2257 Pa e 2478 Monroe Couft Public Records and a residence with amenities is currenfly under construction per Building Permit #05304302. Access to the aggregated lot site will be via Barracuda Blvd. on the North. The Petitioner seeks to abandon the portion of Pom ano 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: Petitioner further agrees to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, 4kater, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. 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 County). The portion of Pompano Drive proposed to be abandoned ma along canal and ends at private property, Lot V Block 11, which includes a formerly vacated portion of road. Public access to open water is via Barracuda Blvd. WHEREFORE, Petitioner formally requests the Honorable Board of County Commissioners to grant this petition. AxIl E T104A [t.,Kls personally known to me. [ ] Provided as identification _ Sworn to and subscribed before me this Ag Af day of, 20 Typed Notary Name and ` "�5ys�oC}�i Notary Signature Joe 20 2a�q��� LWLI wok"A. #DD422352 f,"SrAn�\\fix\` �fZ/il]11 i i tltll�l\\\ C �UNTYSMONROE KEY WEST FLORIDA 33040 (305)2944641 dice of iRre eautd* Qttntw# 111112,6 Stwd, Suite #408 906t Office 393aec 1026 94 bleat, 2 33041-1026 (30) 292-3470 BOARD OF COUNTY COMMISSIONERS ____J �,� , f--- Mayor Charles "Sonny" McCoy, District 3 �� Mayor Pro Tem Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 r Portion 1Pompano '. FloridaKey Largo, Petitioner's Agent: The Craig Company " � BOARD OF COUNTY COMMISSIONERS Mayor Mario DiGennaro, District 4 sOnT33040 Mayor Pro Tem Dixie M. Spehar, District I COUNTYROE Charles "Sonny", District 3 KEY WEST George Neugent, District 2 (305) 294-4641 Sylvia Murphy, District 5 Office of tffe &utd# M&uw# 502 `iUfiitePread Stwxt, `km 9"t CfAw Max 1026 Xe*` wt, 9L' 33041-1026 (305) 292-3470 MEMORANDUM TO: FROM: RE: DATE: Cringer Campbell, Finance Department Kathy Peters, County Attorney's Off ce Road Abandonment Petition -- Portion of Pompano Drive, Key Largo (Marvin Barrett) Submission of Petition Fee — Check # 1012 - $500 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. KMP/ Enclosure (Check No. 1012) a PAY TO THE ORDER OP— MARVIN BARRETT 492 BARRACUDA BLVD. KEY LARGO, FL 33037 6X/96 6- C0(� M-899/670 1012 DATE,,'a �� $ DOLLARS tri _OMMUNRY BANK OF FLORIDA Key Largo i MEMO ,1:0640089931: 90000980?,l,w 1012 C UNTYSMONROE KEY WEST FLORID 33040 (303)294-4-4641 1111121A Street, Suite #408 fflaat V�ftw . ax 1026 Xe* Weat, 92 33041-1026 (305) 292-3470 BOARD QF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Mario DiGennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 Portion of PoI, f Drive Key Largo, Florida CraigPetitioner's Agent: The Companj L c :> ` Km M. P Y �i v► ai in ; b C �rsia. P -0C RMM v ti 3)-fA "� m E on C:t0 ` a .t, ;P cn�,��• , . -i t... D N � N0 CIO- V P^^77 FL p p - � Y SOW P[IIt R 1l. IV a rn\ m❑ ma w Q 0 p0 q x M �n Ywa 3 �a 1-P ran a 41 wl Za p.n ; mw '���• gff n >6 -ET 2 OF 2 SHEETS LILT 6 BLOCK 11 �� pO• r[ro OR c �` EE p o`!ral- `.'z 7 10aw Plat & K ' a � r$ u F ow �\ `\ OMOM C3 S �4. [air • w JW4r Plat C M �n 3 �tr�n F D — D Z Ni 0 A °' 90W Plat L K a t'E tG ^ w `p-thy ` o r2 p C 1� s'{j. { 150•�•p0, P! Q MRif pp r r t'l7 I I IV \ n ru `/ O i t Plat ± O W, . `` A $7 ``\`•` I 1 r� 11I a'' 'w $ ` i m � m � � e; t6rl It 4 0� E td D 70 p Cr D td CS C r- f�l a NOTE, 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 1 for signature and seal and abbreviation legend.. Phoric D�3o5�s53—on66 � Fax: (�0s)s53-0233 AVID MASSEY LAND SURVEYING, INC. 88888 Overseas Hi hway / P.O. Box 619, Tavernier, Fi. 33070 C[ient Barrett SKETCH OF DESCRiPT10N I Florida Certificate of Authorization No. LB 6956 Section 14 Township 61 South, Range 39 Bast Drafted: 5-08-07 Fle[dbook No. L-81 K. torso Monroe County. Florida Drawing No. 9155 Drawn By: RwL Scaie: 1" = 40' C UNTY So�MONROE KEY WESTLORID 33G40 (305)294-4641 (99we of ffm eac td# W&WW 111112d Stud, Suite #408 .float 0f{.ice `.fax 1026 X.e# `1Ueet, 9B 33041-1026 (305) 292-347C BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny„ McCoy, District 3 —" Mayor Pro Tenn Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 r George hleugent, District 2 Sylvia Murphy, District 5 ' 1 ! • C i Iw 1 A Portion of Pompano Drive KeyLargo, Florida Petitioner's ' Craig Company 44 I ti _J I .11 HE fl c i� ',r �,z I 4P f` 'ITI-1 q j {t i Ir 1 tir4j ' i i d�� f , • etitioner's _ Property Portion of Road To Be Abandoned L-_» CC OCOUNTYSMONROE KEY WEST FLORIDA 33040 (305)294-4641 e "," at if w ewoo# Q.mQtlfE * 11111214 Stxeet, Sure #408 ,`feel Office Xax 1026 34 `llleot, 9R 33041-1026 (305) 292-3470 BOARD OF COUNTY COMMISSIOERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Mario DiGennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 ROADB1Oi 1 r1tionof Pompano Drive Largo,Key Florida -retitioner's Agent: The Craig Company i 0 /11MO05 ION 13604 FAX N2/002 This pr�siru ertt was prepared by {And after recording Doan 1524181 06/23/2005 16:12AK Filed & Recorded in Official Records of return to): ) MONROE COUNTY CANNY L . KOLNAG6 Charles 0. Morgan, Ir., Esq. ) Charles O. Morgan, Jr,, F.A. 1300 Northwest 1671 Street, Suite 3 j DFra3noc�STa>gF� Ct : F1 fix' 117 . sm Miami, Florida 33169 � (305) 624-0011 y goad 1524181 Grantees Nnmc:MARVIND.BARRETT Bk# 2126 p90 211 PropwV Appraiser Pralanrty tdontifiMOu NO., Folio No,: 0055272.W00000-146139 FolioNo.: 0055273-0000000-146119 ) FOHO Na.; 4055286-0000000•146139 } ALova This Liac ltascmd For OIrIARIgat0rily TRUSTEE'S DEED TWS INDE gTLME, made this day of June, 2005, between CHARLES M. BUIE, as Tmstee of the K.C. GANNAWAy REVOCABLE TRUST, darted January. 21., 1992, hereinafter referred to as Grantor, and MARVIN D. EARREW, hereinafter referred to as Grantee, whose address is 450 Barracuda, Key Largo, Florida. 33037. WrTNESSETH,; That the said Grantor, for and in consideration of the stun of Tcn and 00/ 100 (10.00) Dollars, in hand paid by said Grantec, the receipt whereof is hereby acknowledged, and by these presents hereby grants, remises, releases, and conveys and confums unto tho said Grantee, and his successors and assigns forever, all the estate, right, title, lien, equity, intereSt, claim and demand which the said Grantor hath in and to the following described lot, piece;, or parcel of land, situate, lying and being in the Comity of Monroe, State of Floride to -wit: Lots 4, 5 and .18, Block 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. SITlL3T.ECT TO: Restrictions, easements, conditions, reservations, and limitations of record; zoning ordinances, if any; taxes for the year 2005 and subsequent years. TO HAVE AND TO HOLD the same together with all singular and appurtenances therounto belonging or in anywise appertaining, and all of the estate, right, title, lien, interest and claim whatsoever of the said Grantor, either in law or equity,. to the only proper use, benefit and behoof of the Grantee, his successors and assigns forever: 06/13/2005 RON 11:57 FAX 004/004 Doc#S 'j�241$1 6k'a 2126 P90 212 And the said Grantor doth covenant with the said Grazttee that it is Lawfully seized of the said premises; that they are free of all encumbrances, and that it has good right and lawful authority to sell the same; and the said motor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all pmons whomsoever, IN WITNESS YMEREOF, the said Gtamt3or has signed this Trustee's Deed the day and year above written. WITNESSES: Address: cob,--o-z)� Print Name: t U Address: STATE CIF I+WRWA ss, COUNTY 4E N OIAM-DAUE ) C UkRLES NL BUM as Trustee of the K-C. GANNAWAY REVOCABLE TRUST, dated January 21, 1992 Address: 5$66 S.W. I20u'Avenue Cooper City, Florida, 33330 I RE1YBY CERTIFY that on this —4Ltb flay of June, 2005, penonally appeared before me, an officer duly authorized to administer oaths and take aelmowledgments, CHARLES M. BUM, as Trustee of the K.C. GANNA.WAY REVOCA13LE TRUST, dated January 21, 1992, who provided a driver's license as identification as the individual described heron, and who exeuted the foregoing deed and he has acknowledged before me that he executed the same freely and voluntarily for the purposes therein expressed. (-,;k MONROE COUNTY Print Namo, OFFICIAL RSCORDS NOTARYPUB IC,. faieofFlorida My Commission Expires: John p. vmJ ;A. EXPAEs MY COWiz idpvember 8, 20Ub iA�"t ? 80r'>flFDINRUTRovFAIKMiRAKEC MC 3.•. C UNTYSo�MONROE KEY WESTLOR]DP 33040 (305)294-4641 ea" of dw eowd* Qtt"w* 1111121A Silxeet, Suite #408 Ywi ©ficeXax 1U26 XW `tUeet, 9.e 33041-1026 (305) 292-3470 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tern Mario DiGennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 A Portion of Pompano Driv§ ., Largo, Florida CraigPetitioner's Agent. The Company EXHIBIT " " •' 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 Ptat 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 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 tine, a distance of 55 f eet to the intersection of said tine 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. C OUNTY So�MONROE KEY WESTLORIDl133040 (305)2944641 1111126' 5twet, suite #408 .loot Office `.d3'aw 1026 34 weet, le, 33041-1026 (305) 292-3470 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Mario DiGennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Sylvia Murphy, District 5 / Portion of Pompano i' 140 ;1;. Norida ws 1 !'Agent: The ' Company EXHIBIT 6L 99 / i FL Keys Electric Cooperative Association, Inc. 7/24/2007 Florida Keys Aqueduct60 a • I I ® FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC. ® FKEC p 91605 OVERSEAS HIGHWAY P.O. BOX 377, TAVERNIER, FL 33070-0377-PHONE-(305)`852-2431 FAX- (36I ) 852.4794 j,L i 7 0 Jodell Roberts Planning Technician The Craig Company P. 0. Box 970 Key West, Florida 33041-0970 Dear Jodell, FKEC has reviewed the request to abandon a portion of Pompano Drive in Key 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. Robert Dean Chairman Key West Mary L. Rice Vice -Chairman Marathon Elena Z. Herrera Secretary/Treasurer Rockland Key Rose M. Dell Big Pine Key J C. Ritz Largo �3s C. Reynolds .utive Director The Craig Company 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, Blk. 11, Anglers Park Subdivision, Key Largo Dear Ms. Roberts: The FKAA Board of Directors approved at the June 21, 2007 meeting, the above referenced proj ect. 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, FLORI MA ;XEYS A+g-UFrT UCE T- ALTHIOR -TY Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Kirk Zuelch, General Counsel Arlyn Higley, Director of Maintenance Dept. Monroe County Building Department n; nKFn �,E =i r O6/12/2007 File #240.0900 The Craig Company Attn: Todell Roberts P. 0. Box 970 Key West, FL 33041.-0970 Re: Release of Right 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 owner/owners to provide Bellsouth conduit on the property for future telecommunications needs. If you have any questions concerning this you can call me at the above number. Sincerely, irri Yeager P.E. Specialist May 25, 2007 The Craig Company Attention: Jodell 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, Comcast 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, Greg Daniels Construction Technician Comcast Cable, Florida Keys Y LARGO [BASTPA�3R TREATMENT DISTRICT POS-t OMCE49 ; Y LARGO, FLORIDA 33037 (305) 453 58.04 talk e _ S F 's is i7 $j PStis�`ef 220Li `_'"'. ice.-..e—.�a..�........-..� May 11, 2007 Jodell Roberts Ttie Uraug t;ompany PO Box 970 . Key West, FL 33034 Re: Abandonment Kequest Marvin D. Barrett 25-foot Right-of-way on Adams Waterway Dear Ms. Koberts, I am sending this letter in response to your letter dated May 24, 2007 regarding the abandonment of the i5-toot right ot-way mentioned 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 still be served trom. a public right-ot-way i-t thus right-ot-way is abandoned. Based on the information provided, I have no objection to abandoning the right-of-way described in your letter. Please be aware that once the Key Largo Wastewater Treatment District provides this area with sewer, the affected property owners will be required to connect from the adjacent right-of-way. ff you any further questions, please do not hesitate to call me at 305-45-3-5-804. Sincerely, Margaret Inlank, P.E. cc: File C UNTY So�MONROE KEY WESTLORIDO =AO (305)294-4641 (9gofffw eoutd* WtawW 11111214 Street, Suite #408 goat Offke `Hare 1026 MW Weot, 9B 33041-1026 (305) 292-3470 BOARD OF COUNTY COMMISSIONERS Mayor Charles "Sonny" McCoy, District 3 Mayor Pro Tem Mario DiGennaro, District 4 Mayor Prom Dixie M. Spehar, District i T ' George Neugent, District 2 Sylvia Murphy, District 5 Portion �r 1 Pompano I1 Largo, Florida r 1n. en The Craig Company Gb99 V.4 II LETTERS OF NO OBJECTION: James N. Floyd, Floyd Holdings, L.P. 1/4/2008 (Lot 17) Roberto F. Gonzalez 10/11/2007 (Lot 19) LETTER OF OBJECTION: Fran K. i I 1 I i Road Abandonment Petition A Portion of Pompano Drive List of Adjacent owners r%.:, --A X/r.,;Nna AAArPCC T.nf Floyd Holdings LP, 6800 SW 68"' Street, Block 11, Lot 1.7, Anglers Park, PB 1-159 South Miami, Florida 33143 which is owned by: Floyd G.P. Trust c/o James N. Floyd, Co -Trustee 474 Frank Shaw -Road Tallahassee, Florida 32312 Roberto F. Gonzalez Block 11, Lot 19, Anglers Park, PB1-159, 11990 SW 94`h Court Key Largo Miami, Florida 33176 Fran K. Komyathy Square 10, Lot 8 & PT Pompano Dr., 164 Pompano Drive Anglers Park, Key Largo Key Largo, Florida 33037 James N. Floyd 474 Frank Shaw Road Tallahassee, Florida 32312 200P Ms. Jodell Roberts Planning Technician The Craig Company P.Q. ,15 ax 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 _ of Floyd Holdings, L.P., owner of Lot 17, Block 11, Angler's Park Subdivision, have no objection to the abandonment. Very truly yours, Fames N./F66yd Floyd Holdings, L.P. Llov 1M1loc4 . Rrdr•4ar.ririnc Property Information for 1678279 MONROE COUNTY PROPERTY APPRAISER PROPERTY INFORMATION FOR: • Altemate Key: 1678279 RE Number: 00552740-000000 OwNm Or RECORD FLOYD HOLDINGS LP 6800 SOUTHWEST 69TH ST MIAMI FL 33143 'PHYSICAL LOCATION 490 BARRACUDA BLVD KEY LARGO LEGAL DESCRIPTION BK 11 LTS 6.7_ 16 & 17 ANGLERS PARK PB1-159 KEY LARGO OR518-580 581 OR693-691 OR1147-787 89DC OR2311-1128'29Q. C SUBDIVISION: ANGLERS PARK SIC, CTION. TOWNSHIP, RANGE 11-61 -39 AFFORDABLE Floc}SING No M LLAGE GROUP 500K PC CODE 0100 - SINGLE FAMILY 1 13 1 14 1 16 { 16 I tT I _1r jM BLVD 1 € I ras m ua St2740 52760 4 — 1 - e7 I I #3 — --- — 1 I Page 1 of 2 Lanai DetallS LAND USE CODE FRONTAGE DEPTH LAND AREA 010C - RESIDENTIAL CANAL 22575 SF summary Of IBllllallnes N , -R-Lupiws TOTALLAjNG_AREA 1 1539 NtmIBER or CO1+IlIIERCLAL W'RLIIINGS YEAR BUILT 0 1963 - Building Characteristics Building No 1 BUILDING TYPE Rt CONDITION P PERIMETER 244 DEPRECIATION % 36 GRND FLOOR AREA 1539 FUNCTIONAL OBS 0 z::= I QUALITY GRADE 500 EFFECTIVE AGE 30 YEAR BUILT 1963 SPECIAL ARCH 0 ECONOMIC ORS 0 INCLUSIONS: RI includes 13-11st3re bath and 1 kitchen. RooF TYPE GABLE HIP RooF COvER TAR & GRAVEL HEAT I NONE HEAT 2 NONE FOUNDATION NONE BEDROOMS 3 HEAT SRC I NONE. HEAT SRC 2 NONE ExTRA FuATUREs: 2 Fix BATH 0 4 Fix BATH 0 6 FIX BATH 0 EXTRA FIX 0 VACUUM 0 .SF.CURTrV t6 GARBAGE DISPOSAL 0 3 Fix DATR 1 5 Fw DATR 0 7 F'IX BATH 0 DISHWASHER 0 INTERCOM 0 I+IREPLACES ()COMPACTOR 0 - Sections http://www.mepafl.org/datacenter/search/record.asp 11/16/2007 Roberto F. Gonzalez 11990 SW 94t' Court Miami, Florida 33176 October II , 2007 OrIT 18 2007 S � ��� r•r.nfr :�Vidf�F^E�� .. 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: 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, a, Fran Komyathy 164 Pompano Drive Key Largo, FL 33037 October 13, 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 Letter of Objection R wil 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 ACOE that shows he was not responsible. Until then, I still object to the abandonment until further notice. Very truly yours, Fran Komyahty Q October 11, 2007 Suzanne Hutton, Esq. Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 Subject: Marvin D. Barrett — Petition for Road Abandonment — Portion of Pompano Drive, Key Largo Dear Ms. Hutton: uw� t=g Resort/Tourism Planning Land use Regulation Development Feasibility Site Design Expert Witness Mailing address: P.O. Box 970 Key West, FL 33041-0970 Office location: 610 White St. Key West, FL 33040 Phone: 3051294-1515 Fax: 30 5/292-1525 E-mail: jodell@craigcompany.com In accordance with your September 18, 2007 letter requesting various items to complete the Petition, we have contacted Fran Komyathy (owner of Lot 8, 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 ACOE 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 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 Planning Technician Enclosures cc: Marvin D. Barrett (via Jocelyn Tiedemann) W.. Wh t . Rro L6 riAl �5T�1r3D Fr=r ,1111 j IL R'ET�filEiE�+CEIPT REQUESTED October 10, 2007 Ms- Fran K. Komyathy 164 Pompano Drive Key Largo, Florida 33037 Subject: Abandonment of a Portion of Pompano Drive, Key Largo, Florida Request for Letter of No Objection Dear Ms. Komyathy: f � l a"AfA� Comprehensive Planning Resort/Tourism Planning Land Use Regulation Development Feasibility Site Design Expert Witness Mailing address: P. 0. Box 970 Key West, FL 33041-0970 Office location: 610 White St. Key West, FL 33040 Phone: 305/294-1515 Fax: 3051292-1525 E-mail: jodell@craigcompany.com 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 objection 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 (ACOE) to Mr. Barrett (the owner of Lot 18, Block 11, Angler's Park Subdivision), dated June 11, 2007, that will dispel your objection. The ACOE 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. V r y truly yours, Jodell R b Planning Technician Enclosures c S`uzan e Huttdn, Monroe County Attorney Kev lAlne4 . RronLcnri.ino Fran K. Komyathy 164 Pompano Drive Key Largo, Florida 33037 , October V1 , 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, Jobject to the abandonment, Ul-e -D -k (- Y ibvJ p#`(` ff pawn &,A VIA 4 mpa-�ejall Very truly yours, �0� Fran K. Komyathy W— W-04 . P-111 nrilll- DEPARTMENT OF THE AR► JACKSONVU-E DISTRICT CORPS OF ENGINEERS P. Q. BOX 4970 JACKSONVILLE, FLOR10A 32232-0019 REPLY TO " June 11, 2007 ATTENTIOh OF Regulatory Division Special Project/Enforcement Branch Enforcement Section SAJ-1006--553 (dsg) Mr. Marvin L'arrett Post Office BoX 1638 Tavernier, Florida 33070 Dear Mr. Barrett: 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 land clearing along the shoreline of your property. The project is located at mile marker 103, Lots 4, 5, and 18, dock 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 wate,:s of the United States, whichincludes wetlands, or perform construction or excavation activities in navigable waters of the United states, you must apply fox and receive a Depa2�tment 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 DEP 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- Lf you have any questions concerning this matter, please contact Mrs. Dianne S. GriffJn at the letterhead address or by telephone at 904-232--3697 or Ms. Shelly Ca.rte,r, by telephone at 305-526-7183, Sincerely, far P. Summa Chief, Enforcement Section Copy Furnished; Ms. Gay Marie Smith, Post Office Box 1638, Tavernier, Florida 33070 Fran K. Komyathy 164 Pompano Drive Key Largo, Florida 33037 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 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, have no objection to the abandonment. Very truly yours, Fran K. Komyathy WC WA f . RrcnLanririno