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Item N03Meeting Date: 3/I9/08 - MAR Bulk Item: Yes X No Division: County Attoey's Office Staff Contact Person: Suzanne Hutton AGENDA ITEM WORDING: Approval of Resolution setting date, time and place for a public hearing concerning the proposed abandonment of a portion of Calle Bogota of the Plat of SUMMERLAND BEACH, Addition #7, recorded in Plat Book 4, Page 74, 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 Sheriff's Office and any conditions for approval have been satisfied by Petitioner. Letters of no objection have been obtained from all utilities and any conditions of approval satisfied by Petitioner. Petitioner owns all property adjacent to the area proposed for abandonment. PREVIOUS RELEVANT BOCC N/A STAFF RECOMMENDATIONS: Adoption of Resolution setting one public hearing for 3:00 p.m. on April 16, 2008 in Key West, Florida. TOTAL. COST: Petitioner Pays B GE E, D: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: VENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty9OMB/Purchasing Risk Management Included x Not Required i7.:':II.CI Revised 2/05 Petitioner Gary R. Williams 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 April 16, 2008 at 3:00 P.M. at the Harvey Government Center, 1200 Truman Avenue, Ivey West, Florida, to determine whether or not the Board will renounce and disclaim any right of the County and the public in and to the following described streets, alley -ways, roads or highways as delineated on the hereinafter described map or plat, to -wit: A parcel of land on Summerland Key and known as part of the Right-of-way of Calle Bogota of the Plat of SUMMERLAND BEACH, Addition #7, recorded in Plat Book 4, Page 74, of the Public Records of Monroe County, Florida, said parcel being SW'ly of the NW'ly extension of the NE" ly boundary line of Lot 15 of said Plat, said parcel being more particularly described by metes and bounds as follows: "BEGIN at the NE'ly corner of Lot 15 and rnn thence SW'ly along the SE'ly Right -of -Way line of Calle Bogota far a distance of 80.00 feet to the SW'ly Right -of- Way line of said Calle Bogota; thence NW7y and at right angles along the SW'ly Right -of -Way line of said Calle Bogota for a distance of 38.00 feet to the SE'ly Right -of -Way Line of said Calle Bogota, thence NE" ly and at right angles along the NW'ly Right -of -Way Line of said Calle Bogota for a distance of 25.00 feet to the NE'ly Right -of -Way Line of said Calle Bogota; thence SE'ly and at right angles along the NE 7y Right -of -Way Line of said Calle Bogota for a distance of 8. 00 feet to the NW'ly Right -of Way Lane of said Calle Bogota; thence NE'ly and at right angles along the NW'ly boundary of said Calle Bogota for a distance of 55.00 feet to the SE'ly corner of Lot 15-A; thence SE'ly at right angles along the SE'ly extension of the NE'ly Boundary line of the said Lot 15A for a distance of 30.00 feet back to the Point of Beginning. " PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of the Board held on the 19`h day of March, 2008. Mayor Charles "Sonny" McCoy Mayor Pro Tem Mario DiGennaro Commissioner Dixie Spehar Commissioner Sylvia Murphy Commissioner George Neugent ATTEST: DANNY L. KOLHAGE, CLERK By Mayor Charles "Sonny" McCoy ,IO[NR0 COUNTY P+ OR ' Y F OVED A f, e- UTTON laPt� n fr 2 NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County, Florida, will hold a public hearing on April 16, 2007, at 3:00 P.M., at the Harvey Government Center, 1200 Truman Avenue, Key West, Florida, for the purpose of determining whether or not the following streets, alley -ways, roads or highways shall be abandoned: A parcel of land on Summerland Key and Mown as part of the Right-of-way of Calle Bogota of the Plat of SU IA4ERLAND BEACH, Addition 47, recorded in Plat Book 4, Page 74, of the Public Records of Monroe County, Florida, said parcel being SW'ly of the NW'ly extension of the NE" ly boundary line of Lot 15 of said Plat, said parcel being more particularly described by metes and bounds as follows: "BEGIN at the NE'ly corner of Lot 15 and run thence SW'ly along the SE'ly Right -of -Way line of Calle Bogota for a distance of 80.00 feet to the SW'ly Right -of -Way line of said Calle Bogota; thence NW'ly and at right angles along the SW'ly Right -of --Way line of said Calle Bogota for a distance of 38. 00feet to the SE'ly Right -of -Way Line of said Calle Bogota; thence NE" ly and at right angles along the . . NE'ly Right -of -Way Line of said Calle Bogota for a distance of 25.00 feet to the NE'ly Right -of -Way Line of said Calle Bogota; thence SE'ly and at right angles along the NE'ly Right -of -Way Line of said Calle Bogota for a distance of 8.00 feet to the NW'ly Right -of Way Line of said Calle Bogota; thence NE'ly and at right angles along the NW'ly boundary of said Calle Bogota for a distance of 55. 00feet to the SE'ly corner of Lot 15 A; thence SE'ly at right angles along the SE'ly extension of the NE'ly Boundary line of the said Lot IS A for a distance of 3.00 feet back to the Point of Beginning. " Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decided to appeal any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated at Key West, Florida, this 19th day of March, 2008. DANNY L. KCLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publication date: The Key Test Citizen (Sunday) 3/23/08 The Keynoter (Saturday) 3/22/08 A Pon of CaRe Bogota Summerland Key, FL TO: Colonel Rick Ramsay FROM: Capt. Chad R. Scibilia Commander, Sector One DATE: December 19, 2006 SUBJECT: Road Abondonment Pettition Petitioner Gary R. Williams On December 18, 2006, 1 conducted a site inspection regarding a road abandonment petition filed by Mr. Gary R. Williams. The petition request a road abandonment of a portion of Calle Bogota that fronts lots 14, 14A, 15 and 15A, Summerland Beach Addition No 7, Summerland Key. According to the petition, Mr. Williams is the owner of all 4 lots that are located at the end of Calle Bogota and his petition is requesting abandonment of the portion of Calle Bogota that dead ends into Lot 14 and between Lots 15 and 15A. After my site inspection, should Mr. Williams's petition be granted, I would see no conflict with traffic or emergency response vehicle. CC OCOUNTYSo�MONROE KEY WESTLORIDA33040 (305) 294-4641 Board of County Commissioners Engineering Division The Historic Gato Cigar Factory 1100 Simonton Street, Suite 216 Key West, FL 33040 (305) 292-4426 — Phone (305) 295-4321 -Fax MEMORANDUM TO: Kathy Peters County Attorney's Office FROM: David S. Koppel Division Director 1 County Engineer DATE: 5/15/07 RE: Petition for Road Abandonment Petitioner: Gary R. Williams Calle Bogota, Summerland Beach Add. No.7 Summerland Key BOARD OF COUNTY COMMISSIONERS Mayor Mario Di Gennaro, District 4 Mayor Pro Tem Dixie M. Spehar, District 1 George Neugent, District 2 Charles "Sonny" McCoy, District 3 Sylvia I Murphy, District S FiE EI X ED MAY 16 7Pr,1 MOJ`1ROE COUNTY nr iuHj,,,Ey The above -referenced petition has been reviewed by this department and we have no objections. .Boo -.1 07 N4336P MOM TO: Suzanne A. Hutton, Monroe County Attorney FROM: Arthur lWally"Romaro, Assistmnt Fire Marsha SUBJECT; ROAD ABANDONMENT AT CALLS 30QATA Steve Zavalnay, Moaroe County Fira Resrue Chrigopher B WL)idora, Attoucy at Uw Rccc-m-c' zoo,,: r, �[ 4 p ra Vai - � c� �-' — ­1 -1. J' R'-'-,GF IC-12 OP 1B, VATAT.,DERI-ZA, JL3. fq y MARATHON, T-y.()p,-LDA 3'j0_q0 1�9-2223 (305)2&).2z4,? Decembcr 3, 2007 Arthur "Wally" Romero, Asst, Fite Marshall Monroe County Fire Marshall's Office Marathon Qov't Amex l3tdg, 490 63' Street ocean, S1.1,itc 160 Marathon, Florida 33050 .Gear Wwly: all �o ad 2MAORM—ent Attached is an Affidavit and Personal Undertaking from Gar the -road abandorunent at Calle'Bogata on Su dtky Will.jams with respect to mmerland Key. Mr. Williams undertakes to provide to the Jire department access at all times to t;le rope p. Th.e county ftorney requiring a letter stating that you will rty . 0 time in 11"eu of accept T11C Affidavit and Personal UndamUking atithis actual Completiou of Your specific condition to the approval of the abandonment. Please provide me with such Correspondence at YOUT earliest convenience, If YOU -have any questions, please call me. Very truly yours, Christopher B. Waldera A20009 Eric, AFFIDAVFT AND PERSON T C, GARY R. UA ('IOcpmeI being duly wom, spa= and s: D�Papt is an individual l reaiding;vMin the State of Florida. a. 2. under ent is the trag of the Gar us ll Williams Rev ble Living TnIst d APNI 5, 2006 and istheLift hOlft Of that cerWn real property MO' Cc tyq Florida being Mote p icul ly described as follc)ws: locatedin McfflOranduua dated Afly k. from Firc Marshall, With the r..x e Marshalps office (the 44Fire "-rr.andt: � i Ear.,=.- 1 ,.{:: �{ '> r'o ment of mha < thea f r 1 r CORditions and icquiTcMents a r angJaMOF COUNTY OF MtoNRO.-F, and I h0rebY C =-'.fy that an this day, before uac, an officer duly authorized to admffijster oa&S take aclulOwledgments, PQrsORAY appeared GARY R. WIL.LLAMS, kn.own t oz-ogoing ingr= pens©� described in and who executed the f 0 me to be the that he executed the same, and m oath was takcn. (chccl, etlt, Who acknowledged before me one) Said person(s) is/are Pe-rso'ua,ly known to me- - S21id Per'!On(s) Provided the fc(.10wing type Of identification Of WitROSS Mof Y hand end ocial seal in the County and State last aforesaid this ��A da -NOVember., 2007. y EXPIKS! Mot 91 2008 This instTuMent was drafted by: Cbxistophv j3. Walder-4 Esq, Christophu B, Waldffa, PA. 11300 overseas Highway Marathon, Florida 33050 Telephone (305) 289-2223 Facsimile (305) 289-2249 K C C T €<EY WEST FLORIDA 330,10 (305)294-44341 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63rd St., Ocean, Ste. 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX DATE: July 20, 2007 Mayor Mario Di Gennaro, District 4 Mayor Pro Tern Dixie M. Spehar, District 1 George Neugent, District 2 m Charles "Sonny" McCoy, District 3 Sylvia 7, Murphy, District 5 rra� scu INTEROFFICE MEMORANDUM TO: Suzanne A. Hutton, Monroe County Attorney FROM: Arthur "Wally" Romero, Assistant Fire Marsh #) RECEIVED r`f0NRC) C00h°TyATTOR,�EY SUBJECT: ROAD ABANDONMENT INSPECTION: (Portion of Calle Bogota adjacent to Lots 14, 14A I5 and 15A, Summerland Beach Add, No.7 Summerland Key, Fl. 33042) The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. The owner, Mr. Williams has agreed to allow fire department access at all times. If a gate is in placed the fire department shall have a key or code to obtain access. This office has no objection to the abandonment. If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office. cc: Steve Zavalney, Monroe County Fire Rescue @RoadAbdn/RoadAbdn/mw7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE C C OUNTY 0 NROE KEY WESTfn DA 33040 (305)294-4641 FIRE MARSHAL'S OFFICE Marathon Gov't Annex Bldg. 490 - 63`d St., Ocean, Ste, 160 Marathon, FL 33050 (305) 289-6010 (305) 289-6013 FAX CS Ca ENTEROFFICE MEMORANDU1tI DATE: January 2, 2007 TO: Suzanne A. Hutton, County Attorney FROM: Arthur "Wally" Romero, Assistant Fire Marshal 6P / A0,2 otiR°E ArrQR��� SUBJECT: ROAD ABANDONMENT INSPECTION: (Portion of Calle Bogota that fronts Lots 14, 14a, 15, 15a, Summerland Beach Addition No. 7 Summerland Key. ) The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment. This office shall not approve the abandonment. Area restricts fire department access and turn around. If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office. cc: Chief James Callahan, Fire Chief Monroe County Fire Rescue Capt. Steve Zavalney, Monroe County Fire Rescue @RoadAbdiVRoadAbdn/mW7.0 MONROE COUNTY FIRE MARSHAL'S OFFICE Page 1 of 2 Peers -Katherine From: Peters -Katherine Sent: Monday, February 25, 2008 12:55 PM To: Harbert -Bill Subject: RE: Road Abandonment Petition - Calle Bogota, Surnmerland Key This final approval will be placed in the Road Abandonment Petition file for documentation. This office just received the remaining Letters of No Objection (Utilities) this month from Keys Energy (2/21) and AT&T (2/1) and FKAA (2/1 as to sewer). No, the road is not "now abandoned". The Board must approve the proposed Road Abandonment by Resolution at a location specific, noticed public hearing. Now that the Road Abandonment Petition is complete, this office will be ask for approval from the Board at the next meeting, 3/19/08, to advertise a Public Hearing to consider the proposed Road Abandonment. if the Public Hearing is approved, this office will publicly notice a Public Hearing for the 4116/08 BOCC meeting in Key West at 3:00 P.M. If the Road Abandonment is approved by the Board following the Public Hearing, a Notice of Adoption citing the Resolution No. assigned by the Clerk, must be published. When the Proof of Publication for the Notice of Adoption is received, the Petitioner is notified to reimburse the County for all advertising costs incurred relative to the Road Abandonment. When the reimbursement is received by this office, the originals/certified copies of the documents required to record the Road Abandonment are forwarded to the Petitioner, via Certified/Return Receipt Mail. It is the Petitioner's responsibility to record the documents. Based on these time frames, if the Public Hearing is approved and the Road Abandonment is approved by Board at the 4/16/08 public hearing, it will be at least the end of April/early May depending on publication/receipt of reimbursement from the Petitioner. As always, staff will be kept advised of the status of this Road Abandonment Petition. Hope this helps. Thanks for your prompt response today. Have a good one. From: Harbert -Bill Sent: Monday, f_e a 25 2008 11:41 AM To: Peters -Katherine Subject: RE: Road Abandonment Petition - Calle Bogota, Summerland Key Kathy, The Applicant has provided your office all requested letters of no objection and a Unity of Title. Therefore, Plannin su orts the abandonment of the requested roadway Let me know if the roadway is now abandoned or if additional approvals are needed. The Applicant has a building permit pending on the outcome. Bill Harbert Senior Planning Technician Monroe County Planning & Enviornmental Resources (305) 289-2589 itIA aI14 AJI1AX11101111 Please take a moment to complete our Customer Satisfaction Survey: http://monroecof.virtualtownhall.net/Pages/MonroeCoFL_VVeb©ocs/css Your feedback is important to us! Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public disclosure. 2/25/2008 Page 2 of 2 From: Peters -Katherine Sent:: Monday, February 25, 2008 9:08 AM To: Harbert -Bill Subject: (toad Abandonment Petition - Calle Bogota, Summerland Key Good morning Bill — I hate to be a pest but we have now received the documentation required to complete this Road Abandonment Petition with the exception of the final approval from Planning as to the conditional approvals cited in your 7/12/07 Memorandum: "A. Prior to final approval of abandonment letters of no objection must be received from Fire Marshal, Cable Provider and Telephone Services B. Aggregate all contiguous parcels under same ownership and place under Unity of Title." Petitioner has provided letters of no objection from all utilities: Keys Energy, FKAA (as to water AND wastewater), AT&T, and Comcast. Final approvals have been received from all staff with the exception of Planning: County Engineer, Fire Marshal, MCSO. The Petitioner owns all adjacent properties to the area proposed for abandonment. Petitioner has recorded a Unity of Title in the Official Records of Monroe County (Doc #1673621, BK 2335, Pg# 528). On 2/11/08 1 sent you a memo attaching copies of the documentation and requesting final approval from Planning. We are hoping to seek approval to advertise a Public Hearing from the Board at the next BOCC meeting 3/19/08 (agenda deadline 3/4/08). The final approval from Planning is needed to document the RAP file. Can you please forward ASAP? You may simply respond to this email if more convenient. We just need written documentation as to final approval by Planning in the back-up which will be presented to the Board for consideration. Thanks so much. 2/25/2008 U I E rC _Y WEST RI�Fi 340 6 (•?05) Ln-1-450,1 e e t u 502 ?,V!9 d Scied, Rem,, `Fast f9o-m, 1026 ,74 ` eat, .9X 33041-IC26 l 1 . f1111 i lkll VE' BOARD OF OUN � � Mat yor chh i "Sonny, McCoy, District 3 Player Pro Teri Maria DiGennaro, District 4 Dixie M. Spellar, District 1 George Isiaugen ,13isiAct 2 Sylvia MLsrphy, District 5 TO: Bill Harbert, Senior Planning Technician, Planning & EFi1 ntal Resources Department FROM: Kathy Peters for Suzanne A. Hutton, County Attorney RE: Conditional Approval — Planning Recommendation 7/12/2007 Status of Road Abandonment Petition Review: Portion of Calle Bogota adjacent to Lots14, 14A, 15 and 15A, Su.Ti merland Beach Add. No. 7, Summerland Key, FL 33042 DATE: February 11, 2008 The Planning Department submitted their findings and recommendation regarding the above -referenced Road Abandonment Petition by memorandum dated 7/12/07, citing the following conditions for ap rl oval: Vt. RECOMMENDATION Staff recommends approval through the Director of Planning & Environmental Resources to the County Attorney if the following conditions are met: A. Prior to fmaal approval of abandonment letters of no objection must be received from Fire Marshal, Cable Provider and Telephone Services. (Copies attached). B. Aggregate all contiguous parcels under same ownership and place under as Unity of Title. (Copy attached). It appears, the Petitioner has, over time, provided this office with the documents Planning indicated were required for - approval which were copied to all staff upon receipt. I have attached copies to this ane;norandum for your convenience. Written documentation is required from the Planning Department to document the Petitioner Gras, in f9d, satisfied Vi eiri. canditgons for npprovJ" Per their Memorandum of 7/l. /07 to Agow Qe Petition to move fon-o an-d for consideration by the Board. IUVIR Enclosures CIulstol)h Y Wuai adnxa' Esq fee Peti-� a('-Y rjal7l R. "Williams �3•iEV Piled A Rel--ardcd in Official Records of 1Z91XD1= TITLI WI-MREAS, the undersigrik--ct is tiae owner of the properly described as; "ONROEE: COUNTY ArrORNIE�' Lots 14, 14A, 1.5, 15A, 15B of Summerland Beach, ,addition R-7, Summerla zd Key, Monroe County, Florida, according; to the Plat thereof as recorded in Plat Boob 4, Page 74, oftbe Public Reco,-ds of Monroe County, Fl.ori.da, RP-7u* 00198720-00000 I, And, WHEREAS, the uradt:rsigned recog�uizes and acknowledges that the Public HcI ,a.lth, Welfare, and Safety and Morals, t17.o herein property should. not be divided into separate parcels owned. by several owners as long {ls the same is put to the hereinafter use, and WHEREAS, the undersignod hereby executes this writte3i, document to effect the above stated purpose, NOW, THEREFORE, in consideration of'other goods and valuable consideratio",s, the undersigned hereby agrees to restrict the use of the above described real properties in the f'ollowing manner, That said lots shall be constdered as one plot and parcel ofIand, and that no portion of said lot and parcel of land shall be sold, transfcrrcd, devised or assigned separately, except in its entirety as one plot or parcel of Jand The undersigned further agmcs that this Unity of Title is being made ,for the purposes of the ab&ndonment of a portion of Callo Bogota, Summerland Vey, Florida which the Monroe County Planning Department requires that the parcels be joined together in the heroin described manner. The undersigned fnrtlter agrces that this condition., restriction, and Iimitation shall be deemed a covenant running whin tlue land and shall renia-iva in full force and effect and shall be binding upon the undersigned, their heirs, and assigns until such time as the same sha.11 be released iTi writing by the Director of the Monroe County Planning Depar#m.cnt or in the absence Of such, Director or executive officer,, by Ws assistant in charge of the office in his absence, SIGNED, SEALED, EXECUTED AND acknowledged ortW,%j' --day September, 2007. R. Williams, Trustee of the Gary R. Williams Revocable Living Trust Agreement dated. April 5, 2006 STATE OF FLORIDA COUNTY OF .�. The foregoing instnu-rent was aclmowledgcd befbro nuc this' -day of Sewernber, 2007 by 'Gray R. Williams, w1-1r� E is p01-,sa�lally known or �_ has produced a driver's license as identific.rhnn AqV Cow.1111991WA O D0 & Wsa o=.lalic/ My �nmission RECEIVED 7 MEN "MONROE CO ATY ATT08MEjy MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Suzanne Hutton, County Attorney Through: Aref Joulani, Senior Director of Planning & Environmental Resources 40 From: Bill Harbert, Senior Planning Technician Date: July 12, 2007 Subject: Request for Road Abandonment by Gary Williams of 1446 Calle Bogota, Summerland Key, Mile Marker 24, Real Estate Number 00198 72 0. 000000 1 I REQUEST: 2 3 A. Proposal: The Applicant has requested a road abandonment of a portion of Calle Bogota 4 in Summerland Beach Addition No.7 on Summerland Key. The abandoned 5 road and right-of-way would become part of RE: 00198720.000000. 6 7 B. Location of Applicant's property: 8 1. Island & Mile Marker: Summerland Key, Mile Marker 24 9 2. Address/ Common address: 1446 Calle Bogota, Summerland Key 10 3. Legal Description: Lots 14, 14A, 14B, 15, 15A & 15B Summerland Beach 11 Addition #7, Summerland Key 12 4. RE Number: 00198720.000000 13 14 C. Location of roadway to be abandoned: 15 1. Island & Mile Marker: Summerland Key, Mile Marker 24 16 2. Legal Description: A parcel of land on Summerland Key and known as 17 part of the right-of-way of Calle Bogota of the plat of Summerland Beach 18 Addition No. 7, recorded in Plat Book 4, Page 74, of the Public Records of 19 Monroe County, Florida, said parcel being SW'ly of the NW'ly extension 20 of the NE'ly boundary line of Lot 15 of said Plat, said parcel being more 21 particularly described by metes and bounds as follows: Begin at the NE'ly 22 corner of Lot 15 and run thence SW'ly along the SE'ly right-of-way line 23 of Calle Bogota for a distance of 80.00 feet to the SW'ly right-of-way line 24 of said Calle Bogota; thence NW'ly and at right angles along the SW'ly 25 right-of-way line of said Calle Bogota for a distance of 38.00 feet to the 26 SE'ly right-of-way line of said Calle Bogota; thence NE'ly and at right 27 angles along the NW'ly right-of-way line of said Calle Bogota for a 28 distance of 25.00 feet to the NE'ly right-of-way line of said Calle Bogota; 29 thence SE'ly and at right angles along the NE'ly right-of-way line of said 30 Calle Bogota for a distance of 8.00 feet to the NW'ly right-of-way line of Page 1 of 3 Reviewed by W:IGROWTH 1v1ANAGEMENT1Geo\Lower Keys1024 Summerlandlsummerland Beach Addition No. 7\1446 Calle Bogota120070710 1446 Calle Bogota Summerland Key MM 24 Road Abandonment RE 00198720.000000.doc 1 2 3 4 5 6 7 8 9 10 l� 13 14 15 16 1177 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 said Calle Bogota; thence NE'ly and at right angles along the NW'ly boundary of said Calle Bogota for a distance of 55.00 feet to the SE'ly corner of Lot 15-A; thence SE'ly at right angles along the SE'ly extension of the NE'ly boundary line of the said Lot 15-A for a distance of 30.00 feet back to the point of beginning. D. Applicant: 1. Owner: Gary Williams 2. Agent: Christopher Waldera, P.A. 11 PROCESS: The Director of Planning makes a recommendation of approval or denial, to the County Attorney following a review of the road abandonment petition. III PRIOR COUNTY ACTIONS: Building Permit 061-3725 was issued for the construction of a single-family residence on the Applicants property. The proposed single-family residence utilizes a portion of the abandoned roadway. IV BACKGROUND INFORMATION: A. Land area of Road to Abandoned: 2,600 ft2 B. Land Use District: Improved Subdivision (IS) C. Future Land Use Map (FLUM) Designation: Residential Medium D. Proposed Tier Designation: Tier 3 E. Existing Vegetation 1 Habitat: Developed F. Community Character of Immediate Vicinity: Single -Family Residential V REVIEW OF APPLICATION: The Applicant is requesting a Road Abandonment of a portion of Calle Bogota in Summerland Beach Addition No.7 on Summerland Key. If granted, the abandoned portion would become part of RE: 00198720,000000, Calle Bogota terminates at the Applicant's property. Further the segment of roadway to be abandoned is bordered on all 3 sides by the Applicant's property. The Applicant is requesting that the County abandon approximately 2,600 ft2 between lots 14, 14A, 15 & 15A. A. Roadway Description; The segment of Calle Bogota to be abandoned is shown in Plat Book 4, Page 74, of the Public Records of Monroe County. The segment of roadway lies to the Southeast of a canal and to the Northeast of the Applicant's property where it terminates. The segment Page 2 of 3 Reviewed by W:IGROWTH MANAGEMENT1Geo\Lower Keys1024 Summertand\Summerland Beach Addition No. 7\1446 Calle Bogota120070710 1446 Cale Bogota Summerland Key MM 24 Road Abandonment RE 00198720.000000.doc I of roadway has been cleared and paved. The subject segment terminates at the Applicants 2 Property. 3 4 B. Use of the Road; 5 6 The portion of Calle Bogota to be abandoned is used to access the Applicant's property. 7 9 C. Development Potential; 10 At this time, it appears unlikely that the subject segment of Calle Bogota could ever be 11 opened to traffic. If the right-of-way were to be abandoned, it would serve as an 12 extension to the Applicant's property and would allow for development to take place in 13 this area. 14 15 D. Shoreline Access; 16 17 The requested segment of right-of-way does not terminate at open water. 18 19 E. Staff Review; 20 21 A review of the records and an on -site inspection of the property revealed the following: 22 23 1. The subject segment of Calle Bogota has been cleared and paved, but the 24 original platted roadbed ends at the Applicant's Property. 25 26 VI RECOMMENDATION: 27 28 Staff recommends approval through the Director of Planning & Environmental Resources 29 to the County Attorney if the following conditions are met. 30 31 A. Prior to final approval of abandonment letters of no objection must be received from Fire 32 Marshal, Cable Provider and Telephone Services. 33 B. Aggregate all contiguous parcels under same ownership and place under a Unity of Title. 34 35 VII PLANS REVIEWED: 36 37 A. Boundary Survey by J. Lynn O'Flynn Inc, dated October 9, 2006 38 B. Boundary Survey by Norby & O'Flynn Surveying Inc, dated March 15, 2005 Page 3 of 3 Reviewed by W:IGROWTH MANAGEMENTIGeoTower Keys1024 SUmmerland\Summerland Beach Addition No. 711446 Calle Bogota120070710 1446 Calle Bogota Summerland Key MM 24 Road Abandonment RE 00198720.000000.doe I �`"'.'. �.^.f„e v �. 4:�` rr�eu,•�.. r��u� _,,ii. moz— CC T jo'�MONROE KEY WEST"LORIDA 33040 (305)254-4641 50Ei%iCc%rt�E3eatcax P", 6/, 6c 96,v 7'0 6 loy W ,, Cr .TJO4,14026' �.30.r) 292-3470 A. (805) 292-3516' BOARD OF COUNTY COMMISSIONE -- Mayor Dixie M. Spehar, District I Mayor Pro Tern "Sonny" McCoy, District 3 Murray F. Nelson, District 5 George Neugent, District 2 { David P. Rice, District 4 DATE SUBMITTED: NAME OF PROPERTY OWNER(S): darp,4 ','a5 yree V end Warm,/ gar," 5,r eOO ADDRESS: 6 Ze G y 'f,4qdJ n PHONE (H) E-mail: ( (C) (AM).171-1100 Fax: A3 AGENT: 44Ler S Z�Jaljdra C-` ,9 rr r ".S l'A s G 3 o ROAD/EASEMENT (to be abandoned): S INtc' f � LA � 9. IU . 7 1 EY: � ,� r�r�,� Mile Marker: We hereby petition the honorable Board of County Commissioners to renounce and disclaim any right of the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further depicted and described in the following attachments: (Exhibit A) Survey: (no larger than 11" x 17" or S%" x 11") Description of roadway to be abandoned and survey showing that portion marked with diagonal limes with petitioners' property clearly delineated and outlined, and showing all adjacent properties. (Exhibit B) v' Map of Key: on which road i. Aocated, clearly showing US 1, Mile M.._..,er number and portion of road to be abandoned. Petitioner: (Exhibit C) t% Copies of Deed(s) - Petitioners certify they are the sole owners of Lot(s) rid /5 ajr� and that the abandonment of said road will not take away from other property holders' rigfit of ingress and egress to their property, and that taxes for the year „ZDO have been paid on their subject land. (Exhibit D) Legal_ description of that portion of the roadway which Petitioners seek to have abandoned. (Exhibits E-1, E-2, E-3, E-4) Letters of no objection from utility companies including, but not limited to: water, electric, telephone, and cable TV. (Exhibit F) V---' Letters of no objection from all adjacent property owners and list of names and addresses of all adjacent property owners. Petitioners seek the abandonment for the following reasons: S Td U 71 4 � 6t !/ 0.4 7-11 e GU�ci, �?- r-en J- e- `s by 11/r461 e o /- C, Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to this request for the vacation. Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the same extent as is common within this area as to height, width and degree, upon request for such service or by the BOCC through its authorized agents. If easements are so required, copies of the executed documents will be provided to the County before the petition is presented to the BOCC. Petitioners certify that the road to be abandoned does not end at water or that, if it does, the road is not a dedicated and accepted right -of --way (including by operation of law due to construction or maintenance by County). c P(AlticaQr-. � , 1d' WHEREFORE, 'etatioe s foirrnally reque,t the Honorable Board of C-ouj3tgr �� �ssiora� to ant t&is Petition, P ff4IONk, is personally l goNvn trs n2g.,. J' Provided as identification Narn to and subscribed before, roe this �� day of �Tyb��,Ntlary 14ame and Number Not 'p a u and Saal ��� P 9� MARY G. RJSNER y MY OOMMISSION # DD 223964 * EXPIRES: August 5, 2007 Banded Thm &461 helary taryhs Is personally known to ine. j Provided as identification Swam to aid subscribed before rap, this TYPe,d Notary Name and Nwnbe.t PETITIONER day of —* 70 Notary Si&mmuze and Seal 4 cn ace i t'-IIWN-Ari""4m CTAI-in F,?:RT ibF:/1A CC OUNTYoMON ROE KEY V EST FLORIDA 33040 (305)�--4-4644 o ar 502 W&tdkad Sew, RewL Yaof &&= 313ox 1026 XW Weat, M 33041-IC26 (305) 292-3470 MEMORANDUM T®: Ginger Campbell, Finance Department FROM: Kathy Peters, County Attomey's Office �. Mayor Charles "Sonny", District 3 Mayor Prey Tem DiAe M. Spehar, District' 1 George Neu€gant, District 2 Glenn Patton, Distdoc 5 Marion DiGennaro, District 4 RE: Road Abandonment Petition — Portion of Calle Bogota, Suerland Key (Williams) Submission of Petition Pee — Check # 3970 - $500 DATE: September 15, 2006 Enclosed please find Check No. 3970 dated 9/7/2006 made payable to Board of County Commissioners in the amount of $500 received by this office from the Petitioner's counsel on September 11, 2006 in the above - referenced Road Abandonment Petition. Please deposit the enclosed check in the appropriate account. Should you have any questions or concerns, please feel free to contact Assistant County Attorney Suzanne Flutton or myself by phoning (305) 292-3470. I -WI Enclosure (Check No. 3970) °Jouq uoc pUcl C popnlauj GP oplj Ajnn3a$ Q CL 07 O � E1 O - O. O � ... 3h # LO u! OD #. Scc� # ]-. C) ti-j� 0 tL w aa. a p a Cc . # x. ar ea # a # � 0 m ® i N # J J Ul €.L N W 2 01 Q 0 ;g. 0 S LO # `o < it m .b ~ �} N CC d0 0 2 iu 1 al- 1� III �1�1 W NIA N 1 w1 I w:i u i u rZIR ViA� I w I 1 21, 5peciiic I=urpo5e Survey Map Go illu5cra'ce a ICOjA de501ptloil or pars of Calie Do&3ota, 5UMMER AND 5EACH, ADDITION #7, prepared by the undersigned Zof 14x C a n a l --------------- - —_____----------- ------ f- ;� Lof 15-4 Lof 16---A E ' E ttiT 55.00' R/Ir ilnc '�•• 1 LEGEND R/Pi Right of way ; a Propos'ediglif; otd%y t6 be,'✓pcp'%,d' Centerline (r) Record •`3®`(rf]wf :` . .' L Point of i Beginning I i I I I i I i 3 i I _ 1 � to I Lof 14 o Lof 15 N NI I I ' I ! I I I I I 1 I 1 1 I 3 1 1 I I f i l Sheet One of Tutu Sheets J. LYNN OTLYNN, Inc. Note fhrs Sur✓Ey :.'op 's na! full oriel ccmpiz 0 "ithu�li Mel Pral®salonol 5u 4yor f.- 1'appe� �- pall Owe atlached fur, , ROPo!'f 30.56 Duck Ave., fray 1°test, FL 33040 (M) M-7422 FAX (709} 290-2244 Specific purpose Survey Report, to illustrate a legal de5cripcioii of part of Calle Bogota, SU MMEP AND HACH, ADDITION #7, prepared by the undersigned NOTES: 1. The legal description shown hereon was authored by the undersigned 2. Underground foundations and utilities were not located: 3. All angles are 90'(Measured & Record) unless otherwise noted. 4. Street address: Celle Bogota, Summerland Key, FL. 5. This survey is not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper 6. Lands shown hereon were not abstracted for rights -of --way, easements, ownership, or other instruments of record. 7. North Arrow is assumed and based on Plat Book 4, Page 74- 8. This survey Is not assignable, 9. Adjoiners are not furnished. 10. The description contained herein and sketch do not represent a field boundary survey. 11. This Survey Report is not full and complete without the attached Survey Map, SPECIFIC PURPOSE SURVEY TO A ILLUSTRATE LEGAL DESCRIPTION AUTHORED BY THE UNDERSIGNED A parcel of land on Summerland Key and known as a part of the Right -of --Way of Calle Bogota of the Plat of SUMMERLAND BEACH, Addition f7, recorded in Plat Book 4, Page 74, of the Public Records of Monroe County, Florida, said parcel being SW7y of the NW'ly extension of the NE'ly boundary line of Lot 15 of said Plat, said parcel being more particularly described by metes and bounds as follows: BEGIN at the NE'ly corner of Lot 15 and run thence STY7y along the SE7y Right -of -Way line of Celle Bogota for a distance of 80.00 feet to the SW'ly Right -of -Way line of said Celle Bogota; thence NW'ly and at right angles along the STY'ly Right -of -Way line of said Calle Bogota for a distance of 38.00 feet to the SE7y Right---of-Way Line of said Celle Bogota; thence NE'ly and at right angles along the NTY'ly Right-of-TYay line of said Calle Bogota for a distance of 25.00 feet to the NE77 Right-of-wWay line of said Celle Bogota; thence SE,ly and at right angles along the NE'ly Right -of -Way Line of said Celle Bogota for a distance of 8.00 feet to the NW'ly Right -of -Way Line of said Celle Bogota; thence NE'ly and at right angles along the NTV'ly boundary of said Call& Bogota for a distance of 55.00 feet to the SEly corner of Lot 15-A; thence SE7y at right angles along the SE'ly extension of the NE7y boundary line of the said Lot 15-A for a distance of 30.00 feet back to the Point of Beginning. SPECIFIC PURPOSE SURVEY FOR.• Gary Williams; J L 0 YNN, INC. �.L,n O'I'lynn, PSA9 Florida Reg. f6298 October 9, 2006 Sheet Two of Ttvo Sheets J. LYNN OTLYNN, Inc. ,i IX Profas5ionnl r is 1.4a�=Ltr /,sue al j ,4yo gn's 3430 0uc1: Ave., Key West. FL 33040 (M) 2e0-7422 rU (ens) 29e-22:4 11 F1 Pin is uw x vmm i LH"L DEMUWH"N A4 SUPI 10I IS! ON: SO THK IMIMM RAME BUTACE cwtwv Emhuale Tares� PC cm)v Map Size b5ne SiviaH MedInn Large Eq Aet il VieN,�, 0 rt Oil I ! i 4 � b Y } - y i SECTION, rtAl INS'llQr. Fc 1N:I'= AFFORDABLE bialhSJNG Mtl.L:i4;F GR(OT LSb0mate Taxes PC CUDL sin d De�aa'u_d Nlap Size None Smal_1 Mediiull tare , Aelial View Off Oil Do' -I'll V 11_p ).: x; V,.P li 4E7 _ III it d✓Vll! �d L at 1T2 Q 2W8 �� —_ _. ���il���u��_� ;Lu?� �_��.vLair�� :�� f / '^� �, 1 _; Monroe County, FL Property A -praiser Map Page 1 of 1 r,++�,•//,,,,, ,,, ,,- -.0 - -- -". -,,, - 0'7M 1 / )004 This Instrument Prepared by and Return to: Sanchez 6 Ashby, P.A. 1720 North Roosevelt Blvd. Key West, EL 33040 (305) 293-0084 ParcOl6Number: 00198720-000000 AK#1260312 Warranty Deed Docu 1503428 03/17/2005 11:49RM Filed 8 Retarded in official Records of HONROE COUNTY DANNY L. KOLHRGE DEED DDC. STAMP CL: FP $10,500,00 DocH 1503428 BkN 2094 Pgn 1886 This Indenture, Made this 10th day of March , 2005 A.I. Between Caroline Brown Constant and Marechal Brown, as co -trustees under the Revocable Deed of Trust of Margaret Rulon Brown Dated December 21, 1987 or the County of Washtenaw , s[atc or Michigan . grantors, and Gary R. Williams, a single man whose address 1, 11061 Harbour Yacht Court 202, Erort Myers, FL 33908 Of the County of Lee Slaic of Florida , grantee. W itnesseth that the GRANTORS, for and in consideration of the sum or --------------------------TEN DOLLARS ($10) ......___.....— — — — — — — — — — — € OLLARS, and other good and valuable consider,nion to GRANTORS in hand paid by GRANTEE. the receipt w1acwnf is hereby ackrtotvlcdged. have granted, bardaitted and sold to the said GRANr(:1 and GRAIN`17U'S hcirS, successors and assigns rarcvcr. the follo++ing dtecrihed land, situate. lying and hcing in file C-otlnty of MONROE State or Florida to twit. Lots 14, 14A, 14B, 15, 15A, 15B of Summerland Beach, Addition V , Sulnmerland Key, Monroe County, Florida, according to the Plat thereof, recorded in Plat Book 4, Page: 74, of the Public Records of Monroe County, Florida. —mot, QCa� -,C-A and the grantors do berth) fully tralnun IhC title to said had. and will defend the saute again&t lawrul Claims o3' all persons +vhuIn5oever: In Witness Whereof,Ibe grantors hs+e hereunto set their bands and seals tilt day and )car first above i+ritlen Signed, sealed and delivered in our presence: Printed Name- 5//,a,6L-- F--erenl- - Witnes*�e—: PrinteWitnes Printed N' Witness Printed N e : 15 J� r®&Si\Y Witness — (Seat) Caroline Brown Constant P.O. Address: 247 4lnlhollvnd Ave., Ann Arbor, 1191 ASI €13 &-" �✓v�+ --.. - (Seal) Marechal Brown N U Address 46 Grand St., Ftrnoklyn, ^Il' 11211 STATE OF Michigan COUNTY OF Washtenaw Ill• roregoinC. n5trunlent +ras acknot+IcdgeJ bw•rure nc this (} -91 dac of March 12005 by Caroline Brown Constant, co --trustee under the Revocable Deed of Trust of Margaret Rulon Brown Dated December 21, 1987 +uhn are personalh' t•nuwu to ntc Ur salts ltuvc prnrtuced tltcir driver's license as ii-doLificalion. Printed Name:22— Notary Public —}} holy C'omrstisgion l Xplres: .� �r}�-rf iiG? ! �C �i)-�� SANDRA PATTON Notary aupIic, Jackson County, MI My Commission Expires Sep. 6, 2005 fZ t-+. t.t,�7 t• J,1 Warranty Deed -rage 2 PurcelIDNumber: 00198720-000000 AK#1260312 D004 1503428 Ek# 2094 PON 1887 STATE OF Florida COUNTY OF Monroe The foreping insinimenl mu acknimiudged h0Grc 3nC this d4ky id, March 2005 by Mareahal Brown, co -trustee under the Revocable Deed of Trust of Margaret iiulon Brown Dated December 21, 1987 y41SCl [3 PL'rsOlmlly' �,nply'n (rl inl Ur 11'II(1 Ilas pr[ldnced N �] �� ; , �: wti�" is identification. ttpp,, Printed Name : _- B�TA E-VE s3lIZU20V notary Public- �__ 8anaetl tluy[ [�UH���1 My Carnmksion Expires. .e MoNROE COUNTY OFFICIAL RECORDS a-n ht C jl IPhI ti..'.11, see . _ , I9111 n--.s.e F.«n• It 11'-.- This Instrument Prepared by Docq 1578192 04/26/2006 10:53AM and Can Be Returned to: Filed & Recorded in Official Records of MONROE COUNTY DANNY L. KOLHAGE Attorney S. Thomas Ullman 2069 First St., Suite #306 04/25/Z006 10:53An Ft. Myers, FL 33901 DEED DOC STAMP CL : SC $0.70 Telephone: (239) 332-3719 WITHOUT TITLE EXAMINATION Doc" 1578192 6k# 2203 P99 1963 WtL. THIS WARRANTY DEED, Executed this _� day of %L _, �006, by GARY RUSSELL WILLIAMS, first party, to GARY RUSSELL WILLIAMS, as Trus ee of the G RY RUSSELL WILLIAMS REVOCABLE LIVING TRUST AGREEMENT DATED �} -S � C= with full power and authority either to protect, conserve, and to sell or to lease, or to encumber or otherwise to manage and dispose of any real property described herein, and whose post office address is: 5485-6 LEE STREET, LEHIGH ACRES, FL 33971, second party. The first party, for and in oonsideration of the sum of $10.00 in hand paid by the said second party, does hereby assign the following described land, situate, in the County of Monroe, State of Florida, to wit: 1. LOTS 14, 14A, 14B, 15,15A,15B OF SUMMERLAND BEACH, ADDITION 07, SUMMERLAND KEY, MONROE COUNTY, FLORIDA, ACCORDING Tp' PLAT THEREOF RECORDED IN PLAT BOOK 4, RAGE 74, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, 2. LOT 11, BLOCK 2, SUMMERLAND LOVE ISLES, ACCORDING TO PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 57, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. 3. LOT IS, BLOCK 3, BREEZESWEPT BEACH ESTATES, ACCORDIN9 TO PLAT THEREOF RECORDED IN PLAT BOOK 4, PAGE 143, OF THE Pi9B C RECORDS OF MONROE COUNTY, FLORIDA. TO HAVE AND TO HOLD the same together with all the estate, right, title, interest, lion, equity and claim whatsoever of the said first party, either in law or equity, to the only proper u$e, and benefit of the said second party. First party fully warrants the tifie to said land. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: DocM 1578192 6kA 2203 Pgn 1964 WiWess Signature EDWARD F. HESSINGER Printed ame of Witness Witness ignature Printed Name of Witness STATE OF FLORIDA COUNTY OF LEE GARY RUSSELL WILLIAMS I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared GARY RUSSELL WILLIAMS, to me well known to be the person(s) described in and who executed the foregoing instrument, and acknowledged before me that the same was executed freely and votuntarily for the purposes therein expressed. WITNE S my hand and official seal in the County and State last aforesaid this � rAl day of <-� A.D., 2006. Signature of Notary Public - State of Florida PTIT14 R - REDDINC, Printed Name of Notary Personally Known ✓ I.D. Produced Type of Identification Muth R � Redding 44 "__ Commission # DD350094 Expires October 30, 2008 9undnd Yroy Fim. wnr", t. WO.30.7010 MONROE COUNTY OFFICIAL. RECORDS :4 'CAA, mil■■" �` " `�' �lP ..y � �fi�;�. � M,,,^. � � � .'��. � _ '� -.. Y...� FAX-, -I_- i+_twf rompoll-11 M-11"If "Il W, rW r Legal Description of that portion of the roadway which Petitioners seek to have abandoned: A parcel of land on Surnmerland Key and Known as part of the Right-of-way of Calle Bogota of the flat of SUMMERLAND BEACH Addition #7, recorded in flat Boob 4, Page 74, of the Public Records of Monroe County, Florida, said parcel being SW'ly of the NW'ly extenstion of the NE'ly boundary line of Lot 15 of said flat, said parcel being more particularly described by metes and bounds as follows: BEGIN at the NE'ly coiner of Lot 15 and iun thence SW'Iy along the SE'ly Right -of -Way lime of Calle Bogota for a distance of 80.00 feet to the SW'ly Right -of -Way line of said Calle Bogota; thence NW'ly and at right angles along the SW'Iy Right -of -Way line of said Calle Bogota for a distance of 38.00 feet to the SE'ly Right -of Way Line of said Calle Bogota; thence NE'ly and at right angles along the NW'1y Right -of -Way line of said Calle Bogota for a distance of25.00 feet to the NE'ly Right -of -Way line of said Calle Bogota; thence SE'ly and at right angles along the NE'ly Right -of -Way Line of said Calle Bogota for a distance of 8.00 feet to the NW'ly Right -of -Way Line of said Calle Bogota; thence NE'ly and at right angles along the NW'ly boundary of said Calle Bogota for a distance of 55.00 feet to the SE'ly corner Of Lot 15-A; thence SE'ly at right angles along the SE'ly extension of the NE'ly Boundary line of the said Lot 15-A for a distance of 30.00 feet back to the Point of Beginning, iy" T1 17 � I 1 pia i I I iI is. I -7, I � -7M y Ulf, 1 r7 Porflon1e _e Bogota ml a Su uneirland Key, FL Mlr Christophers Agent: B. Walderm6 11 I`v' Sri U61, r 1 7 L. (as to i- r FKAA (as to wastewater) ME YS ENERGY SERVICES (as to I. <I Ali =' D2/19/20e7 07:00 3052892249 CHRIS WALDERA,PA PAGE 02 Key vvec,Florida WU41.1239 &' RECEIVED Telephone (305) 296.2454 OFC 21 2000 MONROE COUNTY ATTORNEY December 12, 2007 Clvistopher 13. Waldera Attorney at Law 11300 Overseas Highway Marathon, FL 33050 J. Hobert Dean Chairman Key West Mary L. Rice Vice -Chairman Marathon Elena 7, Herrera Secretary/Preasurer Rockland Key Rose M. Dell Dig Pine Key David C. Ritz Key Largo Jaynes C. Reynolds Executive Director RB, A. portion of Calle Bogota that separates Lots 14, 14A, 1.5 atld 15A, Sunimerland Beach Addition No. 7 Summerland Key, Monroe County Florida 1446 Calle Bogota, Summerland Key Dear Mr. Waldera: The FKAA Board of Directors has approved the abandon.mcnt of the above referenced, The conditions of the abandonment have been met. The existing meter has been relocated and the proposed wall will be installed behind the existing flush -out assembly. Should you have any questions or require any further information please feel free to contact this office. Sincerely Yours, FIsORWA KEYS AQUEDUCT- AUTHORITY Edgar F_ Nicolle, Jr. Distribution Design Manager ERN/cma c: Roy Coley/Arlpi Hig1;y, Director of Maintenance Jae Ivey, Contract Manager r(W�� Mary L. Rice Chairman Marathon Morulda Keys J. Robert Dean Vice -Chairman Key West na Z. Herrera Post Office Box 1239 Sec etary/Trea carer 1100 Kennedy Drive Rockland Key Key West, Florida 33041-1239 Rose M. Dell Telephone (305) 296 2454 Big Pine Key VVVVvv.fka<.CEam 40 David C. Ritz Key Largo September 19, 2006 James C. Reynolds Executive Director Christopher B. Waldera Attorney at Law 11300 O/S Highway Marathon, FL 33050 RE: Abandon a portion of Calle Bogota that separates Lots 14, 14A, 15 and 15A, Summerland Beach Add. No. i, Summerland Key Dear Mr. Waldera: The FKAA Board of Directors approved at the June 23, 2004 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 with the following conditions that the applicant agrees to hire a contractor to cut the existing main relocate the existing meter and install a flushout assembly as shown on Attachment "A". A FKAA permit will be required for the water main work. Should you have any questions, please do not hesitate to call this office. Sincerely, Edgar F. Nicolle, Jr. Distribution Design Specialist EFN/cma cc: Kirk Zuelch, General Counsel Allyn Higley, Director of Maintenance Dept. Monroe County Building Department 02/01/2008 14:55 30528927.49 CHRIS WALDERA,PA Fax 3052931,148 AqueductRod'& Keys Authority & N C:f �4 % .0 4 Christopher B. Waldera Attorney at Law 11300 Overseas Highway Marathon, FL 33050 PACE 0 .Jan 31 2008 03:39pm P001/001 J. Robert Dean Chairmp,n 09 Key West f j M- ary L. Rice RECEIVED CIA FEB 01 2000 Eieria Z Herrera S(?cretaryrTrreasurer Rockland Key Rose t11, Cell Big Fine Key DaVid C. Ritz MONROE COUNTY ATTORNEY Key Largo James C. Raynoldz January 30, 200 xecu,l,,,e Director RE_ A portion ofCalle, Bogota that separates Lots 14, 14.A,, 15 and 15A, Suzz merlr3nd Beacb Addition No, 7 Summerland Key, Moxwxoe County Flo)dda 1446 Calle Bogota, SummerIand Key Dean Mr. Waldera: The FK A.A Board of Directors has approved the abandonment of the above referenced. Thy FKAA has no need fbi the abandoned section for any proposed sewer projects. The sewer will be designed in the new Fight of Way. Should you have any q,uest>;ons or require any birther infonmation phase foal free to contact this office. Sincerely Yours, Edgar F. Nlcolle, Jr. Distribution Design Manager EFN/cnia e, Roy Coley, Director of Operations .foe Ivey, Contract Nianager �lwN(JC-A" Se,r 02/ 1/2008 10:20 3052892249 305* 1044 ENGINEERING CHRIS WALDERA,PA 10 PAGE 02 4a.m. 02-21-2008 112 UTILITY BOARD OF..... THE CITY OF KEY W &--IVED B 2 12008 February 19, 200$ Mr. Christopher B. Waldera, P.A. Attorney at Law 11300 Overseas Highway Marathon, Florida 330SO RE,. ABANDONMENT A PORTION OF CALLS BOGOTA SUMMERLAND BEACH ADDMON NO, 7, SUMMERLAND KEY Dear Mr. Waidera, Keys Enemy Services (KEYS) sent you a letter back on May 17, 2006, see attached, with several proposals for the shave mention property. After reviewing the property, the customer went underground using a customer installed service Pale, KEYS has no objection to the abandonment If you have any questions, please contact me at 305.295-1055. Matthew Alfonso Supervisor of Engineering �i,�,iithews� nsoCi�KeyS, ne MA1ba c: L. Tejeda, General Manager & CEO 7. Wetzler, Asst. General Manager & CFO D. Finigan, director of Engineering/O7ntrol Center D. Price, Director of T&D/Eiectrical A. Tejeda, Director of Customer Service File•.ENG-013 02/21/2008 0:20 3052892249 3052951044 ENGINEERING CHRIS WALDERA, PA tp;. ,6a,m, p2-�1-2t70� PACE 03 W1 7tool 3anws IBS PO Box 6100 Key West, FL 3.3(A0-61qQ r May 17, 2OD6 Mr. Christopher D. Waldera, P.A. Attorney at Law 11300 Overseas Vilghway Marathon, Florida 33050 RE: ABANDONMENT A PORTION OF CALI.E BOGOTA SUMMERLAND BEACH ADO TION NO. 7, SuMMERLAND KEY Dear Mr, Waldera: Keys Energy Services (KEYS) has reviewed your request on the road abandonment portion of Calle Bogota, Surnmerland Beach addition no. 7, Surnmeriand Key. MS has na objedlon to the proposed road abandonment as tong as one of the Following Is done: ➢ Pole *'SU27-98.4 Can to be relocated, at the owner expensive, estimated cost $4,500, this Is the resps)rlsibllity of the customer to pay this charge in advance. Once this Is received the work will be completed In 10 to 12 weeks. }� Please coordinate with BellSouth and AT&T to ensure their utilities will be able to relocate and get: proposed charges from them. > The customer can go underground using a customer Install service pole. > The customer can leave the pale in it location and provide KEYS an easement providing vehicular access to the proposed pole location and down guys. If you have any questions, please Feel Free to contact me at (305) 295-I.055. Sincerely, Matthew Alfonso Supervisor of Engineering MA(ba c: L. Tejeda, General Manager & CEO J. Wetzier, Asst. General Manager & UO D. Finigan, Director of Engineering/Control Center D. price, Director of T&D/SeCtrical A. Tejeda, Director of Customer Service File; ENG-013 December 20, 2007 Christopher B. Weldera 11300 Overseas Hwy Marathon, FIL 33050 Bernie Macias General Manager -South FL 9101 Coral Way Miami, Florida 33165 phone: (305) 222-8200 RECEIVED MONROE COUNTY ATTORNEY Subject* Requested Road Abandonment., Gary Williams Being a portion of Cal1e Bogota as shown on the attached survey and indicated to be the last 80 feet that runs adjacent to lots 14, 4+4A, 15, and 1$A of Scrmmerland Beach Addition No. 7, Summerland Key, Monroe County, Florida. To Mr. Waldera: Our engineering department has reviewed the above referenced request. Presently, AT&T has no existing facilities in the area. AT&T has no objections to the abandonment of the above referenced Right of Flay. If further assistance is needed, please do not hesitate to call, Earl Beck, at (3053 296-9078. Thank You, Bernie Macias General Manager -South FL 6po a "I E0 39Vd Vd`VJM IVM SI'dHO 6VZZ68Z5o6 S :bT 80OZIT8/ZO 05✓23e-a5 15 a 37 BELLSOUTH—KW 3 FAX I NAT I QN NO- I76 P001.r004 Boundary Survey Map of Lots 14, 14A, 15 � 15A, 5ummedarld Beach Addition No, 7, 5ummrrland may, Monroe County, lortda 1 4 @n bay". ww ,�+' r] fm ngraonl ayo., ✓(ml— ,... 55.t3(1'rJ •�.... �� Calla Bogota fL 3� 94,aa'4, m) � k � (�—pram umpa lien �}gar� 11 prl"D o, rQknd 2' bvn Papa (Pence PtrrU a 5ai j3 rdow %AV (to T1Js) Pnand (/j?' Iran Rod fJW) d v4vad 1 a Diav flHO) G iz'al w t7¢c (fA 7731) (aa) kaasurad (+P) Rmeard (K✓R) {!oaltvad k Ratard CAS' Cad"410 Xv4h siraatwa A\W Rau of Way 47V Chan Link ranee Can(srl»a A(OTtr• R toAcrao UTAV Pula rhr's Survoy map not -P- 6oerh" d Power linos full and camplute withaWt t:ohl Past }na aftachud 5urvay Report of PVAWMM _Smvol o�B o.( _iwa sn�gle 1`1 O3 Ci3 Y & surus T itt0. iM 6i � JJ �J]�7r7�7 f [�'r\� r� {{�'77 /}7r±p}[� }.�y p �37 /T(7 /'7 (y Vd' VCG I�I SI1 JHD SvZLlGGZSO6 g •V L 80OZ/ lO ZO 05/23/05 15:37 BELLSOUTH-KW 4 FAXINATION N0.176 P002/004 Boundary Survey Rdrort of Lots 14, 14A, 15 i� 15A, 5ummerland Beach Addition No, 7, 5ummerland Key. Monroe County, florfda NOTES: 1, Fha legal doscripUan ahown bmvon w^as furnishod by tho allont or their adont. P— Underrrounrd loundauWos and atJ IO" varo not locatod. 3. All anStes era a6' Neasurad k Record) anleao tithe rw1ov noted. d. Street addrass: 14e6 Cahe ,$agota, Summorlond i(oy, F'L. 5. This xurvpy is not volld withopt the 4n4jura aod the ordinal ro.faad aaal of a Rorlde licensed surveyor and mappor. t; fends abown haraon Were not abatraatod tor rights —of —way, saxements, ava*rshlp, or other Instrumenta of retard. T. North Arrow is arsumed abd based an the Plat. a. Z: vor of ctaaure oxceods one part Jh 10,00a A Apito of field work. February Z5 2003. 10. OvM61whlp of lone*& & undotormiaabla, ualess otharrism notard- 11, 7b* Surva), Report Is not full and complote without the attached 5urvmy Map. W. iht3 ;Apparent wart N44N Water .{, W abown hereon does not purport to establish tha actubt Mean Xab War .ulna for tidal baunddry portpamv. BOUNDARY SURVEY OF' iota Ja, JdA, Its and 1SA. of SUMMERLAND C f, 4WIr10N 07: Summarland Nay, Yonroo County, Fond,. acaprding !* the Plat thereof. roactdod in Plat Bosh d, Pads M of the Public Records of Mantua County, P'lorldm. BOUNDARY SURVEY FOR,' Gary R. 111111amia; satr7risct molvago, Ine, Sanehes k Axbby, PLA.; ChiCIASO ikela /nsorance Company.' ?OY FL SURVEYING, iNC Re` Bt!$1lB March 16, Z005 Shoat TWa of Two shuts Surv4ygW. tn4- 8 Ltd V8`Vd3G-lV l S1aHO 6bZZ68ZSQ6 SS :bZ 80OZ/Z8/ZO 05/2 3/05 1± 37 13ELLSO arAXl TlD NO-176 P023/004 k | � | R � \ § � k k B ?�k K 2 � ` k\ -4 , w § � k � � � ( 90 3OVd Vd'Vd3G-IVM SIB o 6»e;68Z W C Sg @I eon Zm Zee - 05/23/05 15:38 BELLSOUTH-KW -� FAXINATION NCI.I?G P004/e04 Page I of I httP://wwvj.mcpatl.org/output/proDaDD MAPS1JRVEP,123628002606.ina LO 39VJ VJ `Vd3Q-IVM SIaHO 6PZZ68zsoc r%/I)'A/IAns SS:bZ 800Z/ZO/30 Christopher B, WaIdera 11300 Overseas Hwy Marathon, FL 33D60 Gary m Seine a Pordan of Calla Swat av iftwahaftechad survey and IndivaW 09/25l0 r 19 e 59 S L Sr s P& + 3552a9224 N commisA G J5 �• s� a o- �r 4 4vwdm atom alp .1. a� t! J Nllos Ckannal � 7A�AJ e 6'hW4 ma a mat PotAv sw tta 6 Cho fto i!.lfJ 6aA 1 J Cowmd OW4 WA IUM fiklY Cir chsfA 40t tom Cdl*f Afcir ThIm map$w!!fzvbjt fAvy Fov Pull CAd rpm tv P" P., Owl d4 t�A�i ftA� alfeAipr+p 5urt®g f��gaaal. Stmi one 17� two Shoots NOI%IiY m6s 03/23/06 ! 2 e 39 SFL Srq ! Pam.@ -� 3052892249 N(D. 82-17 60-- O 5 Addition No, 7, 5 ummerland Key, Monroe CauntY, Florida scummRYWRW OF: Logo IN. Ju, i® and aw, of &UMMURUND CH. Aid 'Mw , SWamorland AV, M&Pmo Catandy, naalda, amedLV 8o 9ha Rat WaraO. Awardad NO Back 4, Pagg 74, of !Ra Atbitc RecoHo a e Majims County, Mrlda. SOMPIRY SU V F0, Darr A fliAlama; igusi tat IWtea e, tau.. tavdaa & , PA; Ovamasp ""a Imasran rpany: �i; 03/25/06 li:39 SFL 7 PZP I 0 I # 11:40 SFL -)T FI-P 3052892,249, ND827 POC- Im MAPSRRV-H?,j2362i-§PM6Jnly qnWinn't 01/14/2008 22:58 January 14, 2008 Christopher B. Waldera 11.300 Overseas Highway Marathon, Florida 33050 RE: Road Abandonment Portion of Cabe Bogor. Summerland Key, Florida 33042 Dear Mr. WaIdera: RECEWED ] AN 1. 6 2000 M0NROE COUNTY ATTORt4EY Comcast has no objection for the abandonment of the section of Cable Bogota in front of lots 14, 14a, and 15a. If you have any questions of are in need of further information please contact me at 305-809-1255. Si;<zcerely, w Greg Daniels Lead Construction Tcchnici,,in Comeast Cable, Florida Keys N.ra. i P rO ual September 19, 2006 Christopher B. Waldera 11300 Overseas Highway Marathon, Florida 33050 RE: road Abandonment Portion of Cable Bogota Summerland Ivey, Florida 33042 Dear Mr. Waldera: At this time Comcast cannot issue you a letter of no objection for the abandonment of the section of Calle Bogota in front of lots 14, 14a, and 15a. We will require either a utility easement or the cost of relocation of our facilities, in order to grant a letter of no objection. If you have any questions of are in need of further information please contact me at 305-809-1255. Sincerely, 67' bA Greg Daniels Construction 'Technician Comcast Cable, Florida Keys CHR,oTOPHER B. WALDERA, P. . ATTORNEY AT LAW 11300 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 Tm.rPttoNs (305) 289-2223 FACS)MIL.E (305) 289-2249 email ewalderagaol.com December 1, 2006 Jerry D. Sanders, Assistant County Attorney Office of the County Attorney Monroe County Florida 502 Whitehead Street Courthouse Annex, 3' Floor Rear Key West, Florida 33040 Dear Mr. Sanders: Re: Gary R. Williams Abandonment of Portion of Calle Bogota that fronts Lots 14, 14A, 15 and 15A, Summerland Beach Addition No. 7 Summerland Ke Enclosed is an Affidavit and Personal Undertaking of the property owner with respect to conditions imposed by utility companies for no objections to abandonment in connection with the above referenced matter. Please advise me as soon as possible with the status of the application for the abandonment. Very truly yours, Christopher B. Waldera CBWIMSA Encs. AFFIDAVIT AND PERSONAL UNDERTAKING GARY R. WILLIAMS ("Deponent"), being duly sworn, deposes and says: 1. Deponent is an individual residing within the State of Florida. 2. Deponent is the trustee of the Gary Russell Williams Revocable Living Trust under Agreement dated April 5, 2006 and is the title holder of that certain real property located in Monroe County, Florida being more particularly described as follows: Lot 14, 14A, 14B, 15, 15A and 15B, Summerland Beach Addition No. 7, Summerland Key, Monroe County, Florida, according to the Plat thereof recorded in Plat Book 4, Page 74, of the Public Records of Monroe County, Florida. 3. Deponent has submitted a Road Abandonment Petition to the County of Monroe for the abandonment of that portion of Calle Bogota lying immediately adjacent to and westerly of Lot 14 and Lot 15 and that portion of Calle Bogota lying immediately adjacent to and easterly of Lot 14-A and Lot 15-A, Summerland Beach Addition No. 7, Summerland Key, Monroe County, Florida, according to the Plat thereof recorded in Plat Book 4, Page 74, of the Public Records of Monroe County, Florida. 4. In correspondence dated September 19, 2006 from Edgar F. Nicolle, Jr., Distribution Design Specialist with the Florida Keys Aquaduct Authority (the "FKAA Correspondence"), as a condition to consenting to the abandonment of the foregoing road, the Florida Keys Aquaduct Authority will require the Deponent to hire a contractor to cut the existing main, relocate the existing meter and install a ilushout assembly. 5. Deponent shall comply with all conditions and requirements set forth in the FKAA Correspondence or any other additional or alternative requirements the Florida Keys Aquaduct Authority may impose in connection with the abandonment of a portion of Calle Bogota that separates lots 14, 14A, 15 and 15A, Summerland Beach, Add. No. 7, Summerland Key, Florida. 6. In correspondence dated May 17, 2006 from Matthew Alfonso, Supervisor of Engineering with the Keys Energy Services (the "Keys Energy Correspondence"), as a condition to consenting to the abandonment of the foregoing road, Keys Energy Services will require the Deponent to undertake certain obligations with respect to the relocation of Keys Energy's service pole. Deponent has completed the installation of a customer service pole and Keys Energy has completed the relocation of service to the new pole. S. Deponent further undertakes to comply with any and all conditions and requirements set forth in the Keys Energy Correspondence or any other additional or alternative requirements Keys Energy Services may impose in connection with the abandonment of a portion of Cade Bogota that separates lots 14, 14A, 15 and I SA, Summerland Beach, Add. No. 7, Summerland Key, Florida. In correspondence dated September 21, 2006 from Bernie Macias, District Manager with the BellSouth (the "BellSouth Correspondence"), as a condition to consenting to the abandonment of the foregoing road, BellSouth will require the Deponent to grant an easement for existing facilities or relocate the facilities at the property owners cost. 10. Deponent shall undertake to relocate the facilities and shall bear the cost of such relocation of the facilities and will further comply with any other additional or alternative requirements BellSouth may impose in connection with the abandonment of a portion of Calle Bogota that separates lots 14, 14A, 15 and ISA, Sumrnerland Beach, Add. No. 7, Summerland Key, Florida. it. In correspondence dated September 19, 2006 from Greg Daniels, Construction Technician, with Comeast Cable ("Comcast Correspondence"), as a condition to consenting to the abandonment of the foregoing road, Comcast Cable will require the Deponent to grant an easement for existing facilities or relocate the facilities at the property owner's cost. 12. Deponent shall undertake to relocate the facilities and shall bear the cost of such relocation of the facilities and will further comply with any other additional or alternative requirements Comcast Cable may impose in connection with the abandonment of a portion of Calle Bogota that separates lots 14, 14A, 15 and 15A, Summerland Beach, Add. No. 7, Summerland Key, Florida. Signed, sealed and delivered by Deponent this eLy of November 2 GARY R. WILLIAMS STATE OF FLORIDA COUNTY OF MONROE I hereby Certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared GARY R. WILLIAMS, known to me to be the person described in and who executed the fo��reggo�oing instrument, who acknowledged before me that he executed the same, and an oath was taken. (Check one) _t S d person(s) is/are personally known to me. Said person(s) provided the following type of identification Witness my hand and official seal in the County and State last aforesaid this day of November, 2006, NOTARY RUBBER STAMP SEAL mARY G. RISNER a� ,• ,`l.r My COMMISSION # DD 223964 EXPIRES: Augusl5, 2007 Nr�lEpFFLoQAOT Bonded Thru Budget Hoiary 9alv'ms This instrument was dratted by: Christopher B. Waldera, Esq. Christopher B. Waldera, P.A. 11300 Overseas Highway Marathon, Florida 33050 Telephone (305) 289-2223 Facsimile (305) 289-2249 Summerland Key, FL etit1 ! !y Q e Christopher ,I vl n Waldel PJL 51- 1 , 11 - k K I I - nil)-' r � � � � � �