Item I1 I1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: I1
2023-2405
BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: Approval of a Resolution Setting the Time, Date, and Place for a
Public Hearing to Consider Approval of a Resolution Renouncing and Disclaiming the Right of the
Monroe County BOCC and Public to a Portion of Right-of-Way Located on a Portion of Melaleuca
Street which is bounded on the west by a portion of the East Seaview Drive right-of-way, bounded on
the south by Lots 77-79, Block 1, bounded on the east by Lots 76 and 77, Block 1, and bounded on the
north by Lots 74-76, Block 1, situated within the Duck Key plat, as recorded in Plat Book 5, Page 82,
Official Records of Monroe County, Florida, as requested by Smith Hawks, PL, as Agent for The
Bestow Group, LLC and Charles and Kristen Currier.
ITEM BACKGROUND:
The Applicant, The Bestow Group, LLC, and Charles and Kristen Currier, via Smith Hawks, PL, acting
as an authorized agent, is seeking for the Monroe County BOCC to voluntarily abandon a portion of
right-of-way located on a portion of the Melaleuca Street right-of-way situated within the Duck Key
plat, as recorded in Plat Book 5, Page 82, Official Records of Monroe County, Florida, which is
bounded on the west by a portion of the East Seaview Drive right-of-way, bounded on the south by Lots
77-79, Block 1, bounded on the east by Lots 76 And 77, Block 1, and bounded on the north by Lots 74-
76, Block 1.
The Applicant has stated "The Applicant seeks the abandonment for the following reasons: Property
owner's properties are the only two properties on the roadway which property owners seek to abandon.
Property owners desire to stop traffic from traveling into the cul-de-sac in front of their homes for no
other purpose than to turn around, as there is no access to water. All waterfront property is privately
owned."
All right-of-way abandonments shall comply with the Codes and standard engineering requirements for
road, turn-around and fire-rescue access. If required for safety purposes, as determined by either Fire
Marshal or the County Engineer, a dedicated turn-around area shall be shown on the submitted survey
2386
and shall be agreed to in writing and constructed with payment by the property owner(s)requesting
abandonment.
The Fire Marshal's office did not require a turn-around.
The Engineering Department did not require a turn-around.
Further details regarding this file can be found in the staff report attached in the agenda item.
Staff has received multiple emails from the public opposing the privatization of the Melaleuca Street
right-of-way abandonment. Loss of use for daily recreational activities such as, walking, running,
biking, etc. as well as upkeep of the road are some concerns stated by Duck Key Residents. The letters
of opposition are attached in the agenda item.
PREVIOUS RELEVANT BOCC ACTION:
NA
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
The Monroe County Planning and Environmental Resources Department's professional staff have
reviewed the request under Monroe County Code Section 19-1, and it does meet the eligibility criteria
for right-of-way abandonment. Therefore, staff recommends a public hearing be set for July 17, 2024,
at 9:00 am the Marathon Government Center, 2798 Overseas Highway, Marathon, Monroe
County, Florida, for the BOCC to consider the proposal.
DOCUMENTATION:
3-Staff Report_ .5.2 .docx
2023-286 Specific Purpose Survey Sketch&Legal Description.PDF
2023-286 Recvd 04.17.24 Survey 2_North.pdf
2023-286 Recvd 04.17.24 Survey 1_South.pdf
Exhibit 2_Public Comment.pdf
4.2-Reso_Set_Hearing_4.5.24.pdf
FINANCIAL IMPACT:
NA
2387
2 � t1
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12 From: Janene Sclafani
13
14 Date: April 1, 2024
15
16 Subject: A public hearing to consider a resolution renouncing and disclaiming any right of the
17 County and the public in and to a portion of the right-of-way of Melaleuca Street, Duck
18 Key, Section 4, Monroe County, Florida, as shown on the plat of Duck Key, Plat Book S,
19 Page 82. (File 2023-286).
20
21 Meeting: May 15, 2024—Request to advertise Public Hearing
22 July 17, 2024 —Public Hearing
23
24 I. REQUEST
25
26 On December 4, 2023, the Planning and Environmental Resources Department received an application
27 from Smith Hawks, PL (the "Agent") on behalf
28 of The Bestow Group, LLC and Charles and
29 Kristen Currier (the "Applicants") to abandon a
30 portion of right-of-way of Melaleuca Street
31 Duck Key, Monroe County, Florida, as shown one
; n
32 the plat ofDuck Key, Plat Book S, Page 82. (File
33 2023-286 .
)
34 r r/
35 The Applicants own the parcels to the north :.,
36 (outlined in ) and south (outlined in 1)I�. (,)
37 of the right-of-way requested for abandonment.
38
39 As indicated in the Application, the Applicant
40 seek the abandonment to stop traffic from
41 traveling into the cul-de-sac in front of their
42 homes for no other purpose than to turn around,
43 as there is no access to water.
44
45 The area proposed for abandonment is a portion of the right-of-way of Melaleuca Street and is outlined in
46 in the figure below in the left column and with hatching in the right column.
SR BOCC July 17,2024 Page 1 of 6
File 2023-286
2388
1
C,'AHC NNRRC7SE SURVEY SKF,iC H FOR ROAD ANANCCONmiFN'I
.rFIE NORTHERLY Ill&SOMHENY 112 OF NNFI A EUC.A 5'1"Rt V
YA0.i:'I f(.l UO ISLANGD.u)U(IS RGw,50 a t'JQN R
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2 Previous BOCC Actions
3 At the May 15, 2024 BOCC meeting, the BOCC set the public hearing for the proposed right-of-way
4 abandonment.
5
6 II. REVIEW OF APPLICATION AND ANALYSIS
7
8 The portions of the rights-of-way of Melaleuca Street are established within the plat of Duck Key, Section
9 4. The plat of Duck Key (PB 5, Page 82) was approved by resolution by the Monroe County BOCC on
10 December 5, 1982 and filed for record.
11 _
DUCK KEY'
a
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bN S'M" 50
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MONRPE CWNTY
12
13 The portion of Melaleuca Street right-of-way proposed for abandonment is shown below, indicated as a
14 parcel of land being Melaleuca Street, lying southerly of and adjacent to lots 74,75 and 76, Block 1, and
SR BOCC July 17,2024 Page 2 of 6
File 2023-286
2389
I lying northerly of and adjacent to Lots 77, 78 and 79, Block 1, all of Yacht Club Harbor Island,Duck Key,
2 Section 4, according to the Plat thereof as recorded in Plat Book 5, Page 82, of the Public Records of
3 Monroe County, further legally described in Exhibit I to the resolution.
4
MPN
[HE NOW11"ERLY 1/2&SOUTHEALY 6./2 OF MELALMA STRHET
YAC.111��1',L?8 d51A'NO DUCK KI-�y,SIX—NON 4
7-
....................... ...
R F F"F 8 A S S OC I A I
5 .......
6
7 The portion of Melaleuca Street right-of-way proposed for abandonment affects two property owners,
8 the figures below indicate how the right-of-way will be divided among property owners. The northerly
9 portion in the right column abuts the Bestow Group, LLC. The southerly portion abuts Mr. and Mrs.
10 Currier property.
11
Y y"1 11 ""T"I"
"1 12
—2,
.........
4
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77
12
13 This petition has been reviewed by County staff and written comments were received from the following
14 utilities and County departments:
15
16 Florida Keys Electric Cooperative, dated February 29, 2024
17 FKEC has no objection to the abandonment of the right-of-way as proposed.
18
19 AT&T, dated Month Date, Year, dated January 8, 2024
20 AT&T has no objection to the abandonment of the right-of-way as proposed.
21
SR BOCC July 17,2024 Page 3 of 6
File 2023-286
2390
I Comcast, dated November 17, 2023
2 Comcast has no objection to the abandonment of the right-of-way as proposed.
3
4 Florida Keys Aqueduct Authority, dated December 14, 2023
5 FKAA has no objections to the abandonment of the right-of-way, this was approved at the
6 December 12, 2023 FKAA Board of Directors meeting. However, the FKAA has an existing 4"
7 water main, 8"gravity wastewater main,manhole and cleanout located within the area of requested
8 right-of-way abandonment which require relocation. A right-of-way Abandonment Agreement for
9 Utilities Construction and Relocation fully executed by The Bestow Group, LLC, Mr. and Mrs.
10 Currier, and the FKAA has been submitted.
11
12 Monroe County Fire Marshal, dated November 7, 2023
13 The Monroe County Fire Marshal's Office proposes no objection to the proposeed road abandonment
14 with the condition that an easement is provided for Fire Department access.
15
16 Monroe County Code Compliance, dated December 13, 2023
17 Code Compliance has no objection to the proposeed road abandonment at this time.
18
19 Monroe County Sheriff's Office, dated Month Date, Year
20 The Monroe County Sheriff's Office has no objection to the proposeed road abandonment at this
21 time.
22
23 Monroe County Engineering Department dated November 1, 2023
24 Engineering has no objection to the proposeed road abandonment at this time.
25
26 Consistencv with the Code of Ordinances and Livable Communike sy Plan
27 The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter
28 19, Article I, Section 19-1 Abandonment of rights-of-way.
29
30 The right-of-way requested is not part of the Livable Communikeys Plan (LCP).
31
32 Monroe County Code Section 19-1 -Abandonment of rights-of-way states:
33 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of-
34 way is no longer required for public use and convenience. Any proposed abandonment must
35 demonstrate that such action will not adversely affect public safety or convenience or otherwise
36 have a negative impact on the county system of streets or public or private utility facilities.
37
38 In the application, the Applicant states that the right-of-way is no longer required for public use and
39 convenience based on the following:
40
SR BOCC July 17,2024 Page 4 of 6
File 2023-286
2391
...............................................................................................................................................................................................................................................................................................................................................................
1. Demonstrate the right-of-way is no longer required for public use and that the abandonment will not
adversely affect public safety or have a negative impact on County streets or public or private utility
facilities: Please see letters from MCSO and utility companies. Property owners are,prepared to provide
utility easermeints irequested by the utility companies. The section of the ROW which is being requested to be
abandoned is no longer required for public use and the abandonment will not affect public safety. There are only
two property on the VOW and both are in agreement as to the abandonment. No one else is affected by the
1 abandonment asthe roadway is a cul-de-sac adjacent to the private properties of these two property owners.
...... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ....................
2
3 However,staff has received multiple letters/emails from the public opposing the approval of the Melaleuca
4 Street right-of-way abandonment, indicating it is still utilized by the public. The letters are included in
5 Exhibit 2.
6
7 (b) No dedicated and accepted right-of-way in the county shall be abandoned where:
8 (1) The right-of-way terminates on a body of open water; or
9
10 The right-of-way requested does not terminate on a body of open water. The applicants own approximately
11 15 feet of land between the right-of-way and the canal inside the breakwater surrounding Duck Key.
12
13 (2) The right-of-way provides access to the public to land on open water; or
14
15 The right-of-way requested does not provide public access to land on open water. The applicants own
16 approximately 15 feet of land between the right-of-way and the canal inside the breakwater surrounding
17 Duck Key.
18
19 (3) The abandonment would preclude a way for the public to maintain access to the water.
20
21 The right-of-way requested does not preclude the public from access to the water. The applicants own
22 approximately 15 feet of land between the right-of-way and the canal inside the breakwater surrounding
23 Duck Key.
24 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
25 agreement to do so by all affected property owners. For purposes of this subsection, an affected
26 property owner is the owner of property which directly adjoins the area subject to abandonment
27 or, if the right-of-way is abandoned,will:
28 (1) Have access that is currently used by that property owner eliminated or diminished;
29 (2) Have the only platted access eliminated;
30 (3) Have the paved area adjacent to that property increased for turn-around purposes; or
31 (4) Be increased in size.
32 The applicant's properties are the only two on Melaleuca Street, no other properties will have access
33 eliminated or diminished. A turnaround is not required by the Fire Marshal's office or Engineering. There
34 are no objections to the increase in size.
SR BOCC July 17,2024 Page 5 of 6
File 2023-286
2392
I (d) All right of way abandonments shall comply with the County Code and Standard Engineering
2 requirements for road, turn-around and fire-rescue access. If required for safety purposes, as
3 determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be
4 shown on the submitted survey and shall be agreed to in writing and constructed with payment by
5 the property owner(s) requesting abandonment.
6
7 The Fire Marshal did not require a turn-around area.
8 Monroe County Engineering did not require a turn-around area.
9 (e)A right of way may be abandoned only at the terminal portion of the road and in its full width
10 unless one of the following applies;
11 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial
12 structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and
13 right-of-way. The term "substantial structure" specifically does not include wood or metal
14 fences, sheds or tiki huts or other items not listed which are accessory structures; or
15 2. The abandonment is requested by a County department or governmental agency for a public
16 use; for purposes of this subsection public use is a public facility and/or public/private utility;
17 or
18 3. The right of way area is unusual in size or shape and after abandonment the remaining right
19 of way width will be the same on both sides of the abandonment as shown in Example 1.
20
21 The right-of-way requested is the full length and width.
22
23 The requested abandonment of a portion of the right-of-way of Melaleuca Street does meet the criteria
24 cited above and is therefore recommended for a public hearing to be set for the BOCC to consider the
25 request.
26
27 Staff has received multiple letters/emails from the public opposing the approval of the Melaleuca Street
28 right-of-way abandonment. The letters are included in Exhibit 2.
29
30 III. STAFF RECOMMENDATION
31
32 Staff has reviewed the request under Monroe County Section 19-1, and it does meet the eligibility criteria
33 for right-of-way abandonment. Therefore, staff recommends a public hearing be set for the BOCC to
34 consider the proposal.
35
36 IV.EXHIBITS
37
38 1. Draft Resolution including survey of proposed abandonment.
39 2. Public Comment
SR BOCC July 17,2024 Page 6 of 6
File 2023-286
2393
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00
Sclafani-Janene
From: ppbba@aol.com
Sent: Sunday, December 31, 2023 2:35 PM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDISS; BOCCDIS2
Subject: Against privatization of Melaleuca Street, Duck Key
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
(:r o irri irri f s s io neIY"s
11he oppos4 l~foin towards il~Ihe pIr'M.il~fzal~foin of II IeIk.flleulca Street or a my Iroads fin IDul(:Ik IKey fs groullnded fin
4.ueveirc ll coirr"npellllil ng IYe(::solru4.u. Ipirr val~fzal~foin would eInil~alll haln6lng over colnilirol aIn d upkeep,
Ye4.upoln4.uillrblllllil~oes to a pIrM:ite eInil~ilty, poil~eInil~ilalllly IVmuillndeirillng access aIn d Irr"nolblllilil~y for Ire4.uildelnts,, We Ibellileve
that road (.:IIosulIres wryulIId IrestIri(.t il~IVm°eitIr IIreedoIrri of Irrr'"noveIrrieInt itil~IhiIn il~IVm°e coIrriIrriulIrr'uitil~y they (.:aIIII horr'ie
aInd be Inegal~fv6ly ftr'r"np(::cil~ed by c:IIII. IlMoreover, pIrM.il~fzal~foin Irriay Iresult fin Ireduced accoullnil~aIbllfty aInd
re4upoIn4ufveiness to Ire4ufdeInts' Ineeds (.orr"npared to a pulbIlf(.:IIy...Irulln sy4uil~eIrrl,,
VVIV.°u�:in coln4.uildeirillng the illy-r"npact of a in abalndolned Iroad, ft Ibecorr"nes evfdeIn t il~IVmuat il~IVm eire are poil~eInil~ilalllly
V"uaIYIYrrifulll cC)IY"N°:YequIeIY"Nc�-s for the P"Nei gI I'flb )IYIIIY"Ng pIYC)peIY'fl�-s (:DIY"d IYe4:YIIdeIY is IIIY"N cIo°:e piroxIIP"rih y. 11Ihe P"NegIII-ct
aIY"'Nd deteIYIIC)IY'afloiY"'N of tI"'NIs Iroad, as we have °:YeeIY"'N C)IY"'N SeagIYape Street, P""'"hay decrease pIYC)peIr y ldaIVi11e4:Y 'fo
tI"NC)se adjaceIY"Nt to IIt as w�=H= as the eIY"Nflire II°:YIIaIY"'Nd. MC)IY"eC)16er, P"Neg�1ect�-d Iroads C)'IfteIY"'N IYe4:Yu IIIY"'N plC)o
dIrc:otn(:ge, IIe(::61ng to poil~eInil~c ll Illoo61ng 04:su1es dullrlllng IVmueavy Irc llln s that c(: in darr"nage Inearby IVm°orr"nes or
k1rastructure furitheir e)GaspeIYaflIY"Ng the ad16eIY°:e IIIY"r'"hpac 'faced by tI"'Ne P"N�-g1 f'flboIY°:Y. 1I1I"NeIYe'IfC)IYe, It becC)P"r"h�-s
(.:IYuI(.:IcflI for you i to demy il~IVm°u s request.
As sul(.:IV , a 20 ye(::IY IYe4.uodeIn t of IDul(:Ik IKey, II (::darr"nalnil~Ily arri oppo4.ulllng a my Irrriove towards pIYM::il~Ilzal~IIoin of
Mek.fleuca Street aind seek to
Protect the Ir iI g IVm°uil s aIn d it lnte it esi1 s of (::II II the e IVm°o rr"eowir e it s. Nl so, II a r ri a Irrri e rr"n b e i of the 1E3oa r d of the e IDuck
Key IProperty Owineirs A4.u4.uocllal~Iloin,
IVuoc. a as you i (.:Ire aware, Illya Ws ei uil~IIIYety voted to oppose (.:IIII aid ai uy pirM.:il~Ilzal~Iloi a of ai uy road/street of u
Duck III'ey.
1IV aIraII<(you ll for yoUll P4Mr1pt ail~ileIruil~IIoIra aIr d coIrasIIdeIYal~IIoIra II Ira il~IVaIs Irr"nailteIY.
B'airIbaira 111IIcIII'IIIraIraey
I5II IIIn6es IDirr ve South
i
2398
Sclafani-Janene
From: Jennie Nowak <nowakjennie7@gmail.com>
Sent: Friday, December 29, 2023 8:51 AM
To: Rice-David
Subject: Against privatization of road on Duck Key
You don't often get email from nowakjennie7@gmail.com..I....e..�..r y..tw thus is um )(D ant
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
As a resident of Duck Key I am emailing you to tell you all I am very concerned about an application with the County
Commission to privatize another public road on Duck Key, this time on the Melaleuca Street and 359 East Seaview Drive.
I am extremely against the privatization of any roads in Duck Key and am asking you all to vote AGAINST allowing this
road privatization. This would limit residents of Duck Key freedom of movement on the Island and access to ocean
views, it damages the uniformity of our community, it creates areas that lack proper maintenance, and it is
fundamentally unfair to all when the County freely transfers valuable land to a few landowners. I hope you will consider
my views, thank you for your consideration in advance.
Jennie Nowak
264 West Seaview Drive
Duck Key Florida 33050
1
2399
Sdafani-Janene
From: ericmcneely@att.net
Sent: Friday, December 29, 2023 3:24 PM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Application Filed for Melaleuca Street
Attachments: winmail.dat
You don't often get email from ericmcneely@att.net. Learn why this is
important<https://aka.ms/LearnAboutSenderldentification>
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear BOCC
My family and I recently learned of an application submitted to the Monroe County Planning and Environmental
Resources Department for a Right-Away Abandonment application for Melaleuca Street, Duck Key FL 33050. 1 am writing
to let it be known that we do not support such an abandonment and do not want the members to approve this request.
There was an earlier approved application for abandonment in Duck Key on Seagrape St. that was unknown by most of
the residence of Duck Key, and we were not able to challenge the ruling.The approval of this privatized roadway was
disappointing to the residents of Duck Key.The privatization of our roads is NOT good for our community. Seagrape
Street is a prime example. Duck Key has many residents, some who have long term, or monthly rentals, as well as
residents like me who want a place to enjoy with family and friends.There are many out of town visitors who come to
Monroe County as they visit the beautiful Florida Keys. Many of these visitors stay in Duck Key. Guests at the resort
Hawks Kay are frequently seen walking, riding bikes, or using segways through our Duck Key neighborhood.These
visitors do not understand that a road, such as Seagrape St. is private.Afterall,there is a street name on the road, paved
road with turning lane lines off Seaview Drive. It is unclear what establishes a privatized roadway. In this case, the owners
decided to place planter boxes in the roadway with a handwritten sign saying private residence. But the road still has an
official legal street sign and is on all maps such as google maps. Confusion is all this is causing. If there are increased
Abandonment Applications approved, we will see more confusion and there will be visitors, and residents using these
private roadways as they will not know they are not public.
As for the Melaleuca Street application. East Seaview Drive is the only main street through Yacht Club Island with side
streets that have cul-de-sacs and three separate streets at the North end of the island.The application for Melaleuca
Street is requesting privatization of the roadway to prevent people from using it, (as intended), to turn around on the cul-
de-sac. If we allow privatized roadways that may eliminate cul-de-sacs then visitors and contractors will have to turn
around in residents' driveways off the main street, causing terrific traffic problems. It is already difficult to go for a simple
walk with construction trucks, landscape trucks etc., on the main roadway through the neighborhood.
Thank You in advance for your considerations.
Eric McNeely
312 East Seaview Circle
Duck Key FL 33050
1
2400
Sdafani-Janene
From: Susan Mosley <susanmosley@me.com>
Sent: Saturday, December 30, 2023 9:59 AM
To: Rice-David; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS5
Subject: Application to Privatize a Public Road on Duck Key
[You don't often get email from susanmosley@me.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification j
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
We are residents of 130 Indies Drive N on Duck Key and have become aware of another application to privatize one of
out public roads. One of the beauties of living on Duck Key is the access to safe roads on these islands to walk, run, ride
bikes and enjoy the ocean views. Cars have the ability to turn around using cul-de-sacs as not to use private drives.
Allowing a few people to own these private roads for their own privacy is at the expense of others. We fully oppose this
application.
Sincerely,
Keith and Susan Mosley
Sent from my iPad
i
2401
Sclafani-Janene
From: mccnnnick265@beUsnuthoet
Sent: Wednesday,January 3' 20249:50AK4
To: 8DCCD|S4
Cc Cates-Craig; 8DCCD|33; 8DCCD|35; 8DCCD|32
Subject: Attempt tn privatize another Duck Key cu|-de-sac
� Some people who received this message don't often get email from mccormick265@belIsouth.net.
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
Commissioner Rice, please deny the application to privatize the Melaleuca Street cul-de-sac on Duck Key by the
applicants, Bestow Group, LLC and Charles and Kristen (Brenner)Currier. A bad precedent was set when Seagrape Street
on Duck Key snuck in and was allowed to privatize after hurricane Irma. |f memory serves me correctly, three other
attempts at privatizing cu|'de'sacswere rescinded because a large number ofDuck Key residents voiced their
opposition. It's not just the street, but the entire county right of way on either side, they are asking to take. Again,
please deny this and any future attempts to privatize our public roads and right of ways on Duck Key.
Respectfully,
Robert and Sandra McCormick
1U3N. Bahama Drive
Duck Key, FL
2402
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Friday, January 5, 2024 3:56 PM
To: BOCCDIS4; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS5; Lamarche-Tamara
Subject: Dr Terry Glasser Opposition Letter to Road Abandonment Application
Attachments: Dr Terry Glasser Opposition Letter.pdf
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Commissioners
This is another letter that was dropped off at my home today from Dr Terry Glasser which I am submitting for the
opposition records for the Duck Key Road Abandonment Application that is pending.
Ron Oestreicher
President DKPOA
1
2403
Sdafani-Janene
From: Ashley Smith <aas2001 @icloud.com>
Sent: Saturday, December 30, 2023 2:37 PM
To: Rice-David
Subject: Duck Key Neighborhood Road Abandonment
[You don't often get email from aas2001@icloud.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification j
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Mr Rice,
I am a 20 year full time resident of Duck Key working as an MD emergency medical first responder in the Upper Keys.
I am appalled at the notion that wealthy property owners continue to try to privatize taxpayer owned roads in our
beloved Duck Key neighborhood for their own personal use. I vehemently object to this application for abandonment, as
this precedent will continue unabated until all of our cul-de-sacs are privately held!This will not stand!
Legislation prohibiting this abhorrent practice should be implemented immediately!
Respectfully,
Ashley A Smith, MD
Mariners Hospital BHSF
257 West Seaview Drive
Duck Key
Sent from my iPhone
i
2404
Sclafani-Janene
From: Diana Weber <dtopping11@aol.com>
Sent: Saturday, December 30, 2023 2:32 PM
To: BOCCDIS3; Rice-David; BOCCDIS2; BOCCDISS; Cates-Craig
Subject: Duck Key Private road
You don't often get email from dtopping11@aol.com.,I,;,;e.ar;,r y.. [].✓ ljj s is ir_npor ant
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Hello Everyone,
We were recently informed of another attempt to privatize a road in Duck Key. The road in question is Melaleuca and
the petition was filed by Bestow Group &Charles and Kristen Currier.
It is my understanding privatization of county roads are against Constitutional Law if it restricts planned public use.
If use is changed by the County the petitioners must pay the county market value. The road in question is ocean front
and has a high market value of several million.
Duck Key owners have emailed and oppose privatization of roads in Duck Key.
Pray the decision you make takes into account Duck Key original plan and Constitutional law.
Have a great day!
Diana Topping-Weber
1
2405
Sclafani-Janene
From: Laurie Oestreicher <laurie.oestreicher@gmail.com>
Sent: Friday, December 29, 2023 1:01 PM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Duck Key Privatize Melaleuca Street Road Issue
Some people who received this message don't often get email from laurie.oestreicher@gmail.com..I..,,a,r„��,,,,en�;,y,,,;i�;,u,;,,,,u;,,,,G,u�„C�,a�,�;�;�,��„i;
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Good afternoon Commissioners,
As a resident of Duck Key I am emailing you all to tell you I am very concerned about an application with the County
Commision to privatize another public road on Duck Key, this time on Melaleuca Street and 359 East Seaview Drive.
I am extremely against the privatization of this and/or any other roads in Duck Key.
I am specifically asking you all to vote AGAINST allowing this road privatization.
This would limit residents of Duck Key freedom of movement on the Island and access to the Ocean Views, it damages
the uniformity of our community, it creates areas that lack proper maintenance, and it is fundamentally unfair to all
when the County freely transfers valuable land to a few landowners.
I hope you will consider my views, thank you for your time and consideration in advance.
Laurie Oestreicher
318 Fern Street
Dick Key, FL 33050
Laurie Oestreicher
"Life is God's gift to you;
what you do with it is your gift to God."
i
2406
Sclafani-Janene
From: LAURA SINGLETON <joenlaura@comcast.net>
Sent: Thursday, December 28, 2023 7:56 PM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Duck Key Property Owners Association- Unanimously Opposes road privatization in Duck Key!
You don't often get email from joenlaura@comcast.net.,I;,;;;a,r;r],,,,en[].✓±us is um )or ant
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Good Evening Mr. David Rice and all other Commissioners,
We are residents/homeowners (224 W Seaview Circle) in beautiful Duck Key Florida and love living
on the island. My name is Laura Singleton and my husband is Joe Singleton and we are writing to
you because we are very much opposed to road privatization in Duck Key. If certain
residents/homeowners want to privatize their streets, then they should move off the island of Duck
Key to an area with more land where they can live a more private life. My husband and I love to walk
the island, including each street on Duck Key, as well as ride our golf carts throughout the island. For
us, being able to walk the streets freely or ride bikes or ride golf carts throughout the island is what
lured us to want to buy our home in beautiful Duck Key. Privatizing streets in Duck Key only creates
more problems for the island because it limits residents/homeowners freedom of movement,
especially access to gorgeous ocean views. As, homeowners here in Duck Key, we urge all the
Board of County Commissioners (BOCC) to REJECT road privatization in beautiful Duck Key.
Thank you for your time,
Joe and Laura Singleton
i
2407
Sdafani-Janene
From: Colin Parker <captcparker@yahoo.com>
Sent: Friday, December 29, 2023 11:07 AM
To: Rice-David
Subject: Duck Key
[You don't often get email from captcparker@yahoo.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Commissioner Rice,
I am strongly opposed to any privatization of roads on Duck Key. Please vote against any proposal to do so.Thank you.
Colin Parker
A Duck Key resident since 1987
Sent from my iPhone
i
2408
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Saturday, January 6, 2024 12:56 PM
To: BOCCDIS4; Lamarche-Tamara; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Fwd: Another road Abandonment Thank you for your support
Attachments: BOCC Stan and Staci Stokes 1-3-24.docx
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Commissioners
See the attached letter from Stan and Staci Stokes opposing the road abandonment application on Duck Key
---------- Forwarded message---------
From: Ron Oestreicher<l„p.1:I_:.oestreiclre.i: g!rn il.cr�r ?
Date: Sat,Jan 6, 2024 at 12:53 PM
Subject: Another road Abandonment Thank you for your support
.... :.....?
To: <staci stokes e !rnc t.irr t
Stan and Staci
Thank you very much for taking the time to write the commissioners and for supporting DKPOA by
opposing this application. I greatly appreciate your support
Ron Oestreicher
President DKPOA
---------- Forwarded message ---------
From: Staci Stokes <, taci., ,, I es cor�ricast.neat>
Date: Thu, Jan 4, 2024 at 2:19 PM
Subject: RE: Another Road Abandonment Application Filed for Melaleuca Street Need your help to
STOP
„Ilk,ires i................................, r7ry a II.cor7rn>
To: DKP A <... ..............
Thanks for letting us know this and making it easier to email all of them,4 people said they received my letter. It is
attached if you want to read. Staci
i
2409
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Sunday,January 14, 2024 4:05 PM
To: Lamarche-Tamara
Subject: Fwd: Opposition to Road Privatizations in Duck Key
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Did not see you on this distro so just sending so you have it.
Ron
---------- Forwarded message---------
From: Richard Sherman<i::f�.I::!..�"..i::rrq.a!~ri„i~vest,l;rient.`i... ..g! . ..%..L.:.�::p.! .>
Date: Sun,Jan 14, 2024 at 1:08 PM
Subject: Opposition to Road Privatizations in Duck Key
To: Rice-David <.!::!.�.e...davi.d... ..!rti.g..!!..!::r r r u! t, ::::��..:.gr >
Cc: <Laoc:c:disd �rrnoirioeco�uirt fl. ov> <Laoc:c:dis2"�rrnoirioeco�uirt fl. ov> <bocc:dis "�rrnoirioeco�uirt fl. ov>
.................g............... .................g............... ..........................................................,,,,,...........................................................................................".................g...............
<Lag.cc,J.:`�:... .i me !r.!::g.. . g.!..!!.t: ::::
Hi David,
I wanted to register my strong opposition to any road privatization of
streets and/or cul de sacs in Duck Key. I've owned a home in Duck Key
for 30 years. We looked at homes from Boca Raton to Duck Key for two
years before making our decision.
We are a unique community comprised of four islands. The geographic
layout with cul de sacs provides not just functionality for vehicles but is
an essential part of the design integrity of the community. If you enjoy
walking or biking like many of us do, the cul de sacs enhance that
experience. If you live on a dry lot without a view on Center island,
privatizing cul de sacs or streets detracts from their decision to buy a
home in Duck Key. I believe they and all property owners should have a
voice on privatization decisions, not just the contiguous property owners.
David, as you know, and for the benefit of the other County
Commissioners copied on this email, I live on a cul de sac on Plantation
island. While it might be personally nice to have greater privacy and
several thousand more square feet of prime property, I believe doing so
2410
would detract from the overall beauty of our small community. I hope
you and all the Commissioners will give strong consideration to what I
believe is overwhelming opposition to privatizing cul de sacs and certain
streets in our community and vote to oppose privatization requests.
Thank you for your consideration.
Rick Sherman
2
2411
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Sunday,January 7, 2024 9:54 AM
To: Lamarche-Tamara
Subject: Fwd: Opposition to the Privatization of Melaleuca Street in Duck Key
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Did David receive this? She had issues with the email addresses
Ron
---------- Forwarded message---------
From:Josie Vidal<.V.g.`i..�". .!..!�.a.... ..j�..g.!: p: .!..�....corrn?
Date: Sun,Jan 7, 2024 at 9:42 AM
Subject: Fwd: Opposition to the Privatization of Melaleuca Street in Duck Key
.. .:!.�..!:. g ..l...:�:: ..rnTo: Ron Oestreicher<:gn.g� �t: %� : ig >: . .. . .: 1:
Here you go...
Sent from my iPhone
Begin forwarded message:
From:Josie Vidal <u.g.�i.eui. „I„ „..,n.�i„I._c„r�„r n>
Date:January 5, 2024 at 4:39:15 PM EST
To: bocc:disl.Ci none oeco�unt fl. ov Laoc:c:dis �rrnoni oeco�unt ov Laoc:c:dis5"�rrnoni oeco�unt ov
.................g................ ..........................................................R.......................................................................................... .....I................ ..........................................................,,,,,.......................................................................................... ....g...............�
L2!2L.:dis2 Ci�rrnoni oeco�unt ov ice..david"�rrnoni oeco�unt ov
.....I................,.................................................................,,,,,.......................................................................................... ....g................
Subject: Fwd: Opposition to the Privatization of Melaleuca Street in Duck Key
Sent from my iPad
Begin forwarded message:
From:Josie Vidal <.V.p:.%. y.i.d. .L,.��.g.i:rp: .i.11.corn>
Date:January 5, 2024 at 4:35:21 PM EST
To: !:.:ice.:::: .a.�.!..!�...��..!:rp:.p.!J.!::p.�.cp..!2..!!.l .:.gpy
Subject: Opposition to the Privatization of Melaleuca Street in Duck Key
Good Afternoon Commissioners:
Happy INew Fear!
I am writing You today because it has c.orne to my attention that two homeowners can
DLAc:k Key have applied to "privatize" Melaleuca Street in front of'their horne.Aug a
resident of' DLAc:k (Key and a Board IMernber of'the DLAc:k (Key(Property Owners
Association, II am opposed to their regUest.
1
2412
• it is prOf'OLAndly Unfair for homeowners to try to annex PLAblic land for their own
personal benefit and enrichment. All the homeowners on the island have paid
taxes to bUild and maintain these roads. it makes no sense to me to have other
homeowners clairyi rights for something that shOLAld belong to the cornmUnity.
• it WOUld harryi the "CLAItUre and cohesiveness" of'the island by setting Up an "LAS
verSLAS thern" environment. DLAck IIKey is known for its congenial style. IHaving
certain homeowners try to take advantage of the majority Of' LAS is not
appropriate.
• it hLArts visitors to Hawks Cay, one of'the largest revenLAe and tax prodUcing
entities in the IICeys, by disallowing visitors from viewing the ocean from variOLAS
locations arOLAnd the island.
• it harryis all the residents of' DLAck IIKey by not allowing LAS to visit different parts
of'the island and view the ocean on roads for which we paid OLAr taxes.
• it potentially COLAId lead to a deterioration of'the street itself. if'these two
homeowners are allowed to close off part of'the road, they are Under no
obligation to maintain it. if'the privatized Seagrape Street SitUation is any
indication of'what might happen, we will see a significant deterioration of'the
qUality of'the road, which is a negative for nearby homeowners.
• it potentially harryis the neighbors adjacent to or near the abandoned part of'
the road. instead Of' Using the CLAI de sac tLArn arOLAnd, drivers will be forced to
Use these neighbor's driveways. How can that be fair?Also, how will fire trUcks,
garbage trUcks, etc. be able to tLArn arOLAnd WithOLAt a CLAI de sac?
rhank YOU for consideration in this matter, and all YOU do to protect the IFlorida IICeys,
OLAr slice of paradise.
Sincerely,
Josie Vidal
954 881 1725
.1-1.0 IN. Undies Drive, DLAck IIKey, IF L 33050
Sent from my iPhone
2
2413
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Sunday,January 7, 2024 11:55 AM
To: BOCCDIS4; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS5; Lamarche-Tamara
Subject: Fwd: Privatization of Cul De Sac Duck Key Application
CAUTION
Commissioners
This is another resident's email that was only sent to Michelle so I am forwarding to all so it is on the county record.
Ron Oestreicher
President DKPOA
---------- Forwarded message---------
From:April Valdes<a.I�.Li.ly .1.d _."g!rn i........................................n
Date: Sun,Jan 7, 2024 at 11:12 AM
Subject: Fwd: Privatization of Cul De Sac Duck Key Application
.. .:!.�..!:. g ..l.�:: ..rnTo: Ron Oestreicher<:gn.g� �t: %� : i . g >1: . .. . .: 1:
April A.Valdes
Florida Tree Farms, Inc.
Office 305-230-1911
Physical address:
11200 SW 304 St.
Homestead, Fl. 33033
Mailing address:
815 North Homestead blvd.#501
Homestead, Fl. 33030
---------- Forwarded message---------
From:April Valdes<a.I�.Li.ly .1.d _."g!rn i........................................n
Date: Sat,Jan 6, 2024 at 6:35 PM
Subject: Re: Privatization of Cul De Sac Duck Key Application
To: Lincoln-Michelle<.�.!..!J.�.g..�..!J.::::.1 ..!..�:.�::!..�"..�l.1.�. Lg..�..!!.�:.y .�...:..gg.�>
Thank you for your response.
i
2414
On Sat, Jan 6, 2024 at 2:35 PM Lincoln-Michelle<ILinc„o„In IM„fclre„I„I_r^��„i,rnr�lr!„r�r�r��u„Irty fl,g2u>wrote:
April,
Thank you for sharing your thoughts with me regarding the road abandonment in your neighborhood. I understand
your concerns.
Michelle Lincoln
Monroe County Commissioner
District 2
:�.3.....IIC.�"..�.... .�.�.!::... ..L .D..
. ..ig....I!:).1.1"!.. .....IIC. .. �.....II..L... . ..
(305) 292-4512 (Office)
(305) 360-7666(Cell Phone)
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE
COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAYBE SUBJECT TO PUBLIC DISCLOSURE.
On Jan 4, 2024, at 1:06 PM, April Valdes <alai:„IY .Ir r„ „gMr i„I.c,r�„r n>wrote:
Some people who received this message don't often get email from ,ir:ru�vaidesl c rnau�.-om. I .............. en �,y;.................,,u,,,,,G,u „i
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do
not click links or open attachments you were not expecting.
To Whom it may concern,
am a resident and property owner of 2 properties on.Duck. .c.:.h...IIC . .rC cc„r„I„Iulrgtl,r rt,(Yacht Club
Island) and 218 Schooner Lane. My husband Ernest Valdes and I strongly oppose the pending
application of the property located at Melaleuca Street on Yacht Club Island, Cul D Sac, by the Bestow
Group/Charles & Kristen Currier.This not only inhibits the mobilization of residents, but also is setting a
dangerous precedent for all other Cul De sacs in our community to be privatized. This is not only
extremely unfair but, this will also block all our residences' beautiful views, if this is allowed to persist.
Please take this email into consideration.
Regards,
April Valdes
April A.Valdes
Florida Tree Farms, Inc.
Office 305-230-1911
Physical address:
: :..2.0.0....S.W....S..CA S.t....
.I.H o.I,rnesteg.d.�.....IFl.:.....33 33
Mailing address:
815 North Homestead blvd.#501
Homestead, FI. 33030
2
2415
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Monday,January 8, 2024 9:47 AM
To: Lamarche-Tamara
Subject: Fwd: Privatization of public roads!
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
another one that should be on your list
---------- Forwarded message---------
From: Melony Jackson <!,rn,a!�rgos a!fir„set, r l:cr !:rp>
Date: Sun,Jan 7, 2024 at 6:21 PM
Subject: Re: Privatization of public roads!
To: Ron Oestreicher<1::2.!"...2.�".:`�t:1:: ..%�:.:!..�"..!::. ..g.!: p: .i..11..�;:o!:n>
Melony Jackson
From:,r�rn„ ,! „g, , !„i , ca,„ ao l.co r�ri
To:Rice-David ,,,,,,,,,,,,,,,,,;,,,,,,,,;,,,,,,,,,,,! ',,,.1 ro t 2!�g ,iis 3 r7rn Oi irOeacO u i N�o cdi 11 r7rnoi iroeacoui t ....fll. ov ,,,, ,,,,,,,,,,,,,, ....
fll. ovoccdlis r7rnoiiroeacouit fll. ovoccdlis2 r7rnoiiroeacouit fll. ov
,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,g,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Tue, Jan 2 at 10.16 PM
I am totally against privatization of any of the Public roads in Duck Key!!! I am sure we would all like
FREE Land given to us at the tax payers expense! NO!No!No!
Thank you,
Melony Jackson
320 E. Seaview Dr.
Duck Key, FI
936-718-2700
1 sent all under the same email Do I need to send separately?
On Sunday, January 7, 2024 at 10:17:31 AM EST, Ron Oestreicher <!roin.,oetir i h.eir. Jri corn>wrote:
Melony
Would you mind sending me a copy of the email you sent to the BOCC? Their tracking of emails received does not show
that your email was ever received. I will make sure it get into the county records
Ron Oestreicher
On Wed, Jan 3, 2024 at 9:56 AM Ron Oestreicher<!roin oest.r i their.. rJjj�i„I ccrn>wrote:
Thank you very much,appreciate your support and Terry's support
Ron
On Tue, Jan 2, 2024 at 10:28 PM Melony Jackson <2]ain.922u inset >wrote:
1
2416
Thank you for the heads up!!! I have contacted all the board members to voice my disdain! We
would all LOVE FREE land at taxpayers expense! Let me know what else we need to do. Grand
pa Terry wanted to go measure it and calculate the cost of the property. Ha ha! He is contacting
board as well!
Have a great night!
Melony Jackson
2
2417
Sclafanii-Janene
From: she|dnnevans@anicnm
Sent: Sunday,January 7' 20242:34PK4
To: 8DCCD|S4
Subject: Fwd: Rejection nf Proposed Closure K4a|a|euca [u| De Sac Duck Key Florida
Attachments: Sheldon Ellen SCAN Letter 8D[[ oppose K4a|a|euca [u| De3ac.pdt3HELDDNEVAN3 AND ELLENR
Duck Key[u| de Sac Closing -2nd.pdf
� Some people who received this message don't often get email from sheldonevans@aol.com...I....�.ar
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
From- SheldOOeV@OS@@Ol.COnl
TO- bOCCdiS2@nlOOFOeCOUOtV-fl.gOV
Sent- 1/7/20242-29-40 PM Eastern Standard Time
Subject- Fwd- Rejection of Proposed Closure M@l@leUC@ CUl [}e Sac [}UCk Key Florida
ToBOCC Member District 4:
| forward herewith same correspondence sent to other BOCCmembers
From-
| O-
Sent- 1/7/20�4 1-44-19 PM Eastern Standard Time
Subject- Rejection of Proposed Closure Malaleuca Cul De Sac Duck Key Florida
Monroe County Board of County Commissioners: January 7. 2O24
To Commissioners:
Attached hereto u will find o letter for your consideration in determination of the REJECTION ofthe
pending petition of proposed closure and abandonment ofMo|o|ouoo Street on Yacht Club Island, Duck
Key.
You will kindly note that there is o nno]or, forceful and majority voice of objecting property owners on
Duck Koy.tothe petition by Bestow Group/Charles & Kriston Currier.
After you read our attached letter please add our names and voices to those adamantly opposed to
closure ofMo|o|ouoo StrootCu| do Soo.
Sheldon and Ellen Evans.
342 East SooviovvDrive
Duck Key Florida, 33050
z
2418
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Tuesday, January 2, 2024 12:57 PM
To: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5; Lamarche-Tamara
Cc: Lyle Mushinski
Subject: Fwd: Road Abandonment application opposition support
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Commissioners
Please see the email below from Lyle and Chris Mushinski opposing the Road Abandonment application in Duck Key that
was sent directly to myself as President of DKPOA
Please enter it into the county records as opposition
Ron Oestreicher
President DKPOA
---------- Forwarded message---------
From: . a6lwe irri 1rn. .d ..... ........ . ............:..................:............. ........................ �............o.........l........c....:..o.........r...r.....n..>
Date: Mon,Jan 1, 2024 at 10:08 PM
Subject: Re: Road Abandonment application opposition support
.. .:!.�.. .To: Ron Oestreicher<:gn.g� �t: � il.�grn>: . .. . .: 1: ... .:: ..
Hello Board members of the BOCC, Monroe County, Florida,
My wife and I are adamantly opposed to privatizing any and all roads, streets, alleys, rights-of-
way and similar on Duck Key.
This practice of privatizing public roads for private gain should not be allowed. It is our right as
taxpayers on Duck Key to have complete access to these roads anytime, which enables everyone to
view the oceans beauty. After all, that is one reason we chose and moved to Duck Key. My wife and
1, along with our family and friends, love to take walks and cart rides and in doing so, go down these
roads to see the ocean and watch the boats. This is part of the 'being' of Duck Key, seeing the
beauty of the ocean unrestricted.
Tax funds are used to maintain these roads as it is now, if privatized, the taxpayers loose that money
already spent over the years to maintain said road(s).
The new private owner(s) have all to gain with no expense to them. Their property value and square
footage goes up at next to no cost. Their property taxes may go up a little but not as much as their
property value will. How is that fair to everyone else? It is not!
Furthermore, this practice should be against the law which can be easily done by writing up a
resolution, then with a majority vote on the resolution at your regular meetings, (I believe you need
i
2419
two meetings for the reading and then vote in favor of the resolution after the second reading), thus
making it a law/ordnance.
Then, with this law/ordnance in place, this issue of privatizing any road(s) in Duck Key can never be
brought up again.
You, as the board of Commissioners, will not have waste your time or taxpayer money to deal with
this issue ever again.
Please VETO this request for the privatizing of Melaleuca Street on Yacht Club Island. Also please
consider passing a resolution to band any further attempt by any private person(s) and/or entity to
privatize any public roadway, including but not limited to roads, streets, alleys, rights-of-way and
similar accesses. This will make things fair to ALL the taxpayers on Duck Key.
Please consider our request favorably.
Thank you for your time,
Lyle and Christine Mushinski,
387 East Seaview Drive
Duck Key, Florida 33050
(609) 203-3590 Lyle
(609) 558-8954 Christine
On Saturday, December 30, 2023 at 12:59:45 PM EST, Ron Oestreicher <ircrin„oestir „icl�7eir.OL)gnngil.conn>wrote:
Lyle and Chris
I am reaching out to you both and asking that you support DKPOA and oppose the Road Abandonment application filed
and documented in the attached notice I have sent out.
We need email oppositions sent to the BOCC so they are on file for an upcoming vote on the issue. A short email to the
BOCC ( addresses in my attachment) stating you are opposed and listing your address is all that is needed.
I know I can count on your support as we gather emails opposing this application.
Thank you
Ron Oestreicher
2
2420
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Friday, January 5, 2024 2:26 PM
To: BOCCDIS4; Lamarche-Tamara; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS5
Subject: Fwd: Road Privatization on Duck Key
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Forwarding this objection email to all BOCC so it is recorded
---------- Forwarded message---------
From:James Bicknell rrnail.c:orrn>
Date: Fri,Jan 5, 2024 at 1:00 PM
Subject: Road Privatization on Duck Key
To: Rice-David <.!::!.�.e...davi. ... ..! ti.g..!!..!::r r r u! t, ::::��..:.gr >
Hello Mr. Rice,
Our family has had a home on Duck Key since 1989. We have seen many changes over the years.The privatization of the
road that occurred a few years ago wasn't a change for the better.That street is now mostly a gravel road because of
lack of upkeep. It is currently used as a storage space for a boat on a trailer and it has an old dilapidated table and chairs
on it. It is hard to see how that is a benefit to anyone with the possible exception of the two landowners who benefited
from that sale.The last road sale clearly made an eyesore on Duck Key.We certainly don't need any more of those. I
don't believe that oceanfront taxpayer land should be purchased for two landowners to benefit from. Many people walk
and bike and drive around this entire island.They always have. Continuing to limit road access and ocean views to
members and guests on the island doesn't seem to be in the best interest of our community. If another public road is
sold to private individuals on the island it is only a matter of time till every culdesac owner will apply to do the same
thing.
I have discussed with Kristen Brenner her rationale for wanting to privatize Melaleuca street. Her reasons included:
1. More privacy and safety.
I believe the Brenner home has been on Duck Key since before our family purchased our home on Duck Key in 1989. 1
am unaware of any crime problem or safety issue on yacht club island that would justify the sale of this public
road.
2. Increased property values on the island.
The only property values I see being enhanced on the island should this sale be allowed are the two owners' lots on
Melaleuca Street.
3.The people who bought the lot on the other side of Melaleuca have plans that won't fit on the current property they
already purchased.
Buying property and wanting to build something larger than what will fit on that space is certainly no justification for
selling a public road that has been kept up with taxpayer dollars.
We all appreciate the hard work you put in for the Keys and our community of Duck Key.
Sincerely,
James S. Bicknell IV
DKPOA Board Member
1
2421
.2. 4 8 W e s I S e a yj e..�L D ilve Duck Key
..................... ................................................
�.ic enI14Fj�..g p....................................
k n il.cor
(989)751-8215
2
2422
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Sunday,January 7, 2024 11:49 AM
To: BOCCDIS4; BOCCDIS2; Lamarche-Tamara; Cates-Craig; BOCCDIS3; BOCCDIS5
Subject: Fwd: taking control of street in duck
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Please record the email opposition of the road abandonment application submitted by Louis Morrell into the county
records as he only submitted to one commissioner at first.
Thankyou
Ron Oestreicher
President DKPOA
---------- Forwarded message---------
From: LOUIS MORRELL<!rn„!,i,l„IIr�_u„i„s" rl,cr !rti>
Date: Sun,Jan 7, 2024 at 10:44 AM
Subject: Fwd: taking control of street in duck
To: ron oestreicher<1::g.n...g.�".:`�t:1::�"..%.:.::!..�"..!::. �..g.!:�p:�.i..11..�;::g..rn>
Sent from my iPhone
Begin forwarded message:
From: LOUIS MORRELL<rn.::!::I_I„I_e��ui„s r l.cg,„i,rn>
Date:January 2, 2024 at 6:19:34 AM EST
To: boc:�:.d..!isl..� .i,rne ir..!::g. . .g.. ..!!.ly
: ::::.�...:.gg.
Subject:taking control of street in duck
i am louis morrell. i live at 226 corsair rd in duck key. i am sending this to be in opposition to the people
trying to take over a culdesack in duck key. i strongly oppose it.
this is nothing more than pure greed
thank you louis morrell
i
2423
Sdafani-Janene
From: Total Control Pest Control LLC <totalcontrolpestcontrol@gmail.com>
Sent: Monday,January 1, 2024 12:52 AM
To: Rice-David
Subject: Melaleuca
[You don't often get email from totalcontrolpestcontrol@gmail.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Mr David Rice, once again I feel compele to Write a letter to stop privatization of one of the roads of Duck Key, this road
been Melaleuca, I opposed the privatization of any roads on Duck Key by any of the residents.
Michael Ruiz
Sent from my iPhone
i
2424
Sdafani-Janene
From: Susan Williamson <srwilliamson@att.net>
Sent: Sunday, December 31, 2023 10:13 AM
To: Rice-David
Subject: Melaleuca St.
[You don't often get email from srwilliamson@att.net. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Commissioner Rice.
I am strongly opposed to the idea of privatization of Melaleuca St.
Thank you.
Susan Williamson
Sent from my iPad
i
2425
Sdafani-Janene
From: Doug Pfeffer <dougpfeffer1 @gmail.com>
Sent: Thursday, December 28, 2023 10:14 PM
To: Rice-David
Subject: Melaleuca Street, Duck Key
[You don't often get email from dougpfefferl@gmail.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification j
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Hi David,
I would like you to know that I strongly oppose this land grab by Chuck Currier. I wish to remain anonymous in my
objection, but this is too damn much! Hell know to approving this!
Sent from my iPhone
i
2426
Sclafani-Janene
From: Robert Wittman <bnbbvwittman@gmaiicnm>
Sent: Friday, December 29\ 20237:48AK4
To: Rice-David; 8D[[D|35; 8D[[D|33
Subject: K4e|a|euca Street nn Yacht Club Island,
� Some people who received this message don't often get email from bobbywittman@gmail.com.
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
I am opposed to the privatization of private roads on Duck Key. I have been on the Island since 1992 and find it appalling
that people want to privatize their street to park boats and use as personal storage areas like the other road off Seaview
drive. | will beat the next meeting to voice mydisapproval.
Sincerely
Robert Wittman
436 Harbour Drive
Duck Key
Sent from myVerizon, Samsung Galaxy smartphone
Get
2427
Sdafani-Janene
From: Rob Kornahrens <RobK@advancedroofing.com>
Sent: Friday, December 29, 2023 10:33 AM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Melaleuca Street on Yacht Club Island
Some people who received this message don't often get email from robk@advanced roof ing.com.,I,,;;;a,r;r],,,,y..[].Y thus is um )or ant
CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or
open attachments you were not expecting.
I own lots 143 and 145 on Indies Drive on Duck Key. Please accept this email as opposition against
privatizing the public road referenced above.
Thank you,
Rob Kornahrens
President
1950 NW 22nd St I Fort Lauderdale,FL 33311
office 954-522-6868 x1021 I fax 954-566-2967 1 personal fax 954-733-2288
r„I IcG ,a va it g „Ic c fii�.g,.. in. .w✓.w✓.w✓.:.a va it g „i�c�c�fii.g.:. chin
*This email and any attachments thereto may contain private, confidential, and privileged material for the
sole use of the intended recipient. Any review, copying or distribution of the email(or any attachment thereto)
by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and
permanently delete the original and any copies of this email and any attachments thereto.
i
2428
Sclafani-Janene
From: mauluesas07 <manquesas07@gmaiicnm>
Sent: Thursday, December 28L20238:45PK4
To: Rice-David; K4arquesas07@gmaiicnm
Subject: Object tnthe Privatizing K4e|a|euca Street nn Yacht Club Island
� You don't often get email from manluoaaaO7@gmaiicom.
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
| object to the Privatizing
Melaleuca Street on Yacht Club Island where the application was filed December 4, 2023 by The Bestow Group/Charles
and Kristen Currier.
John Ambrosio
Owner ofZ1ZVV. SeavievvCircle
Duck Key, FL33U5U
Sent via the Samsung Galaxy S1O'an AT&T 5G Evolution capable smart.phone
2429
Sclafani-Janene
From: Charlene Runt <cprunt@anicnm>
Sent: Friday, December 29\ 20231:12PK4
To: Rice-David
Subject: Objection
� You don't often get email from cpmot@aoicom.
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
We would like to voice our deepest objections tothe privatization ofme|a|euca street on yacht club island duck key
This just goes against all that our little island stands for.
You privatized one street on our island and itisaneyesore.
Thankyou
Terry 8'Charlene Ruot
314 East SeavievvCircle
315 East SeavievvCircle
316 East SeavievvCircle
39U East SeavievvDrive
Duck Key, FL33U5U
z
2430
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Saturday, January 6, 2024 2:06 PM
To: BOCCDIS4; Lamarche-Tamara; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Opposing Road Abandonment Letter Bill and Mary Murphy
Attachments: Bill and Mary Murphy Opposion Letter.pdf
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Commissioners
Attached is another opposition letter that was left at my house today by William and Mary Murphy. Please record it into
the county records as another residents letter asking you to oppose the pending application
Ron Oestreicher
President DKPOA
1
2431
Sclafanii-Janene
From: DKPDA <dkvesident@gmaiicnm>
Sent: Friday, December 29\ 202311:15AK4
To: Rice-David; Cates-Craig; 8D[[D|32; 8D[[D|33; 8D[[D|35
Subject: Opposition Email from Peter Theodore 227VV3eaviewDr Duck Key
� Some people who received this message don't often get email from dkresident@gmail.com...I....�.ar
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
In Reference tO the above-mentioned privatization Of8 public road (K8e|8|eUC8 Street OO Yacht Club Island,
Duck Key)VVe Strongly Oppose this proposal, and we would like our opposition read into the records regarding
this matter. Peter Theodore Registered Architect and P|8OOe[Florida hJCARB Peter Theodore 227 West
Seaview Drive Duck Key Florida 33050 David Rice and all the BOCC Commissioners, We have been on Duck
Key for over twenty-nine years going back to the days of Indies Inn (the predecessor to Hawks Cay)on the
island . The unique feel Of Duck Key iG special and the ability tOtraverse the island unencumbered remains 8
vital part Of its character.Privatizing roads and gating off the residents from certain parts Of the island from 8
planning perspective is not only wrong but will encourage others to do the same. As an architect and planner I
look at moves like this with an understanding of its objectives and whom it serves. I consider the short term and
|OOg term gains or consequences. | also ask if its in keeping with the Cn88tO[G D|8OOiOg strategies set in rO[tiOO
going back tOthe islands founding. °This will serve 8 select few residents creating 8 dead end street. °ThiG is
out of character with other residential streets on the islands -This may set the tone for other CU|-de-G8Cfronting
owners tOrequest the same self-serving restrictive privileges. -The design is contrary to the original planning
and layout which has been in place for nearly sixty years. -The design is flawed as it relates to car
maneuvering and emergency vehicles These are our thoughts and VVehave tried tOput emotions aside and be
objective iO our analysis. Anyone that lives on Duck Key or visits the Island is drawn to it because of its unique
character and that charter has been in place without opposition for decades. If planning decisions are made for
the betterment of all than I'm in agreement and feel one must keep an open mind but when decisions such as
this negatively affect the majority VVith |itt|e tDOO universal approval, | pause and question why that is. | revert to
my profession as an architect and planner and can find no supporting reason to approve of the alteration to the
landscape and character of Duck Key. Please consider our feelings and those of my neighbors as this comes
before you. Respectfully, Peter Theodore Arch itect-P|8OOe[hJCARB
z
2432
Sclafani-Janene
From: Stephanie O'Sullivan <sns@eionnix.cnm>
Sent: Friday, December29\ 2023 10:01 AM
To: Rice-David
Subject: Opposition tn Proposed Road Abandonment nn Duck Key
� You don't often get email from aoa@oivonixcom.
�
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
� open attachments you were not expecting.
As a Monroe County resident, I am writing to express my strong opposition to the road abandonment application for
Melaleuca Street on Duck Key(File#, 2023-286). 1 oppose the transfer of public land to a few landowners and the loss of
public access and ocean views that will result from the proposed transfer.
Stephanie O'Sullivan
Z6U West SeavievvDrive
Duck Key, FL, 33U5U
z
2433
Sclafani-Janene
From: Patrick O'Sullivan <posulliv@eironix.com>
Sent: Friday, December 29, 2023 2:44 PM
To: Rice-David
Subject: Opposition to Road Abandonment on Duck Key(2023-286)
You don't often get email from posulliv@eironix.com. I;,;;;arr],,,,en y �I�us is um )or ant
CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links or
open attachments you were not expecting.
Dear Commissioner Rice,
I'm writing to express my strong opposition to the proposed privatization of Melaleuca Street on Duck Key.
I am in complete agreement with the unanimous opinion of the Duck Key Property Owner's Association in
opposing this particular road abandonment. I won't repeat their reasoning here.
As a long-time Duck Key resident and Monroe County taxpayer I am adamantly opposed to the gifting of
valuable public property to select private owners for their sole use and benefit.
Today, any resident of Monroe County is welcome to visit Duck Key and enjoy the open water views
from Melaleuca Street. I'd like to keep it that way, not just for current County taxpayers and voters, but for their
children, and their children's children.
Please vote in opposition of this give-away.
Sincerely,
Patrick O'Sullivan
260 West Seaview Drive
Duck Key, FL 33050
i
2434
Sdafani-Janene
From: William Scharff <scharffwj@gmail.com>
Sent: Friday, December 29, 2023 10:06 AM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Subject: Private Road Duke Key
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MR Rice &all on email ,
My name is William Scharff I am a property owner on Duck Key.My property is on E. Seaview& Fern, LOT 1 Block 2 .
1 adamantly ( OPPOSE ) any Privatization of any road on Duck Key.
There is no need for this on Duck Key.
Kindly contact me if you need any further communication on this Issue
William Scharff
201 638 2051
Scharff@blitzmechanical.com
scharffwj@gmail.com
Disclaimer Confidentiality Notice: This e-mail, and any attachments and/or documents linked to this email, are intended
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law. Any dissemination, distribution, or copying is prohibited. This notice serves as a confidentiality marking for the
purpose of any confidentiality or nondisclosure agreement. If you have received this communication in error, please
contact the original sender.
1
2435
Sclafani-Janene
From: Daniel Fenster <dansalt@aol.com>
Sent: Sunday, December 31, 2023 5:48 PM
To: Rice-David
Cc: Cates-Craig
Subject: Private roads on Duck Ky
You don't often get email from dansalt@aol.com. Learn why .[�.i i irn�R
................................................. 1. S S................QgjaLj.i;
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open attachments you were not expecting.
Sent from my iPadSo the residents of Melaleuca
Street in Duck Key do not want
People walking, riding, or jogging on the street where they live.
As an over 20 year resident of the same street its is quite normal for
the folks on Duck Key to get there exercise by
Taking a walk or jog around the neighborhood where they live.
It is all part of the Duck Key neighborhood experience.
Requesting a variance because you don't won't folk walking on
the street where you live is seems to be quite un neighborly
and unfriendly towards the community where you live.
It also seems to me that letting the county maintain your
road with sewers and paving and then request no other folk can go
down your block should not be permitted.
The beauty of Duck Key is should be shared by all. Walking,
Jogging, biking, golf card cruising is part of why we live here.
As every resident and future home seller knows, the reason folks
want to live on this Island is to experience the beauty of the
Island Allowing residents to restrict who walks on their block
should not be allowed.
Daniel Fenster
326 East Seaview Drive
2436
Duck Key, Florida 33050
2
2437
Sclafani-Janene
From: KAREN WHITE <kmkmwhite@aol.com>
Sent: Friday, December 29, 2023 8:10 AM
To: Rice-David
Cc: Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDISS
Subject: Privatization of Melaleuca St on Duck Key
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Dear commissioners,
We are writing to you today to oppose the privatization of Melaleuca Street on Duck Key.This
application that has been submitted goes against all that Duck Key stands for. We want to be able to freely drive down
streets and making this street private would make maintenance difficult if it would happen at all. Privatizing this road
would take away the allure of our beautiful island.
Please oppose this application.
Thank you,
Karen and Kevin White
1
2438
Sclafani-Janene
From: Deborah Simone <mnmsimnne@attnet>
Sent: Friday, December 29\ 20233:08PK4
To: Rice-David; Cates-Craig; 8D[[D|33; 8D[[D|35; 8D[[D|32
Subject: Privatization nfK4e|a|euca Street, Duck Key, FL
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VVo are full time residents on Duck Key. We do not want our streets to be "private" as they are not taken care of and limit
access around our community. We pay our taxes and POA dues to maintain our beautiful neighborhood. Please do not
allow privatization of any of our roads.
Sinoona|y.
Stephen and Debbie Simone
24D West SoovimwCircle
Duck Key, FL 33050
z
2439
Sclafani-Janene
From: |ynn@kevshnmehunter.cnm
Sent: Friday, December29\ 2023 8:36AK4
To: Rice-David
Subject: Privatization of street n Duck Key
� Youdon'toftongotomai|fvom |ynn@koyshomohuntor.com.
�
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David
Please know that I do not agree with any resident of Duck Key trying to privatize a street in Duck Key. The fact they
think they should be able tois beyond belief.
Lynn B. Lucas, P.A.
Berkshire Hathaway Homne8er*ices
Keys Real Estate
ceU
Ext. 207 office
unter corn
Stay in the know with my monthly newsletter
Sclafani-Janene
From: Todd Curtis <tzurtis6@rnchester.rr.cnm>
Sent: Thursday, December 28L20235:38PK4
To: Rice-David
Subject: Privatizing K4e|a|euca Street nn Yacht Club Island
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Dear David Rice,
We are voicing our strong objection to the proposed privatizing of Melaleuca Street located on Yacht Club Island within
Duck Key in Monroe County Florida.
Limiting our freedom of movement on the Island, access to an ocean view, and that it is fundamentally unfair to all when
the county freely transfers valuable and taxpayer-supported land to a few landowners.
We are tired of the very wealthy thinking that they can buy everything including public roads paid for by tax payers.
Thankyou—Todd, LauraandPatridaCurtis
Sentfrom aU for Windows
2441
Sdafani-Janene
From: DONNA KIRCHNER <rozdon@aol.com>
Sent: Thursday, December 28, 2023 5:57 PM
To: Rice-David
Subject: Privatizing Roads on Duck Key
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open attachments you were not expecting.
Mr. Rice,
I have lived on Duck Key for over 35years & I am adamantly against privatizing roads on Duck Key.
Donna Kirchner
262 west Seaview dr
Duck key FI 33050
Sent from my iPad
i
2442
Sclafani-Janene
From: John S. <johnsct@gmail.com>
Sent: Friday, December 29, 2023 8:51 AM
To: Rice-David; Cates-Craig; BOCCDIS3; BOCCDIS5; BOCCDIS2
Cc: Ron Oestreicher
Subject: Re: Road abandonment Melaleuca St on Duck Key
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Apologies,
I meant to sign with my full name.
Best regards,
John Schwarz.
On Thu, Dec 28, 2023, 19:38 John S. <iioliiir c:t(ia-) rriail.c:orri>wrote:
Dear commissioners,
I am a long time resident of Duck Key(20 years). I also have served on the Duck Key Property Owners Association Board
for the past 9 years.
It has come to my attention that someone has again filed a petition to privatize one of our streets. This is the fourth
such attempt in my time here, only the first of which was approved.
We as DKPOA members and most residents who don't live on a culdesac are vehemently opposed to any road
privatization.The one approved precedent has created divisions, has resulted in blocked access to the ocean, unsightly
Private and Do Not Trespass signs, and unmaintained road surface with boats,trailers, trucks and cars parked all.over
the privatized street. Everyone we know hates it.
I would appreciate it, as I believe would the vast majority of Duck Key residents, if this application was rejected.
Moreover, a policy announcement discouraging further applications would be very welcome.The public announcement
process usually only reaches us through someone picking up on the BOCC agenda line items, and it is quite likely that
we will miss a potential future application.
If Duck Key is to become a gated community, it should be done In a full vote and with well defined modern deed
restrictions.The one-of privatizations with an unrestricted use of the right-of-way space will lead to chaos.
Thank you very much for your consideration.
Best regards,
John S.
i
2443
Sclafani-Janene
From: K4ark |ehman <mtj|ehman@gmaiicnm>
Sent: Friday, December29\ 2023 8:39AK4
To: Rice-David
Subject: Right nf way abandonment file 2023-286
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2444
8
0, 29
0
x 20,23 - 286 File
File #..p
Owner"s Nilp
The Bes,to,
Charles, &
Applicant: Ham
Agents:
Jacob G.
Jess, M ., G
2445
Dear commissioner,
As a resident of Duck Key, my wife Josefina and myself are vehemently opposed the above referenced application! As
residents we have all witnessed one of these streets abandoned which has restricted movement throughout our
community!
Please deny this application!
Mark and Josefina Lehman
tu..�.. .�:!.! ti. ..!!... ..g..!:rti:D..!...�..:.�;::o..r p:
Mobile 703-969-1624
Home 570-934-2289
3
2446
Sclafani-Janene
From: Ron Oestreicher <ron.oestreicher@gmail.com>
Sent: Thursday, December 28, 2023 3:19 PM
To: Rice-David
Cc: Lamarche-Tamara; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS4; BOCCDIS5
Subject: Road Abandonment Application Melaleuca Street Duck Key Strongly Object
Attachments: 2023-286 File Road Abandonment app by The Bestow Group-Charles & Kristen Currier.pdf
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open attachments you were not expecting.
David and all Monroe Commissioners,
As you may be aware there has been another Road Abandonment application filed December 4,
2023 on Duck Key that is attached below and I am asking all the BOCC to deny this application from
going forward.
Please let me clearly state that I STRONGLY object to any Road Privatization/Abandonment on Duck
Key.
As President of DKPOA, I am receiving a very large number of phone calls and emails from the
many residents who have expressed an objection to privatizing roads on Duck Key. So that
their voices are heard, I have asked them to send their opinion directly to yourself and the other
BOCC commissioners. The current road privatization application filed by the Bestow Group/Charles
and Kristen Currier has to be voted against and stopped by the BOCC. The DKPOA board has
unanimously opposed this application.
I hope that you will support the Duck Key Community with a no vote and deny this application.
This is not the first application filed on Duck Key and the residents have objected to the others filed
with the county. The last application filed by the Crains was withdrawn 5/28/2020 after over 100
residents filed objections with the BOCC.
Privatizing destroys the community cohesion, denies the people who live in the interior with access to
views of the ocean, allows owners who live on the private road to neglect the necessary maintenance
and erodes the value of the surrounding properties as a result. It is also fundamentally unfair to all
when the county freely transfers valuable public land to a few property owners. In this case their
properties are worth 3 to 6 million dollars as they exist now. Why would they be entitled to more free
land from the county?
Please support the Duck Key Property Owners Association and myself by voting NO and not
approving this application.
Thank you for your consideration
Ron Oestreicher
President DKPOA
i
2447
Resident at 318 Fern St. Duck Key, FI. 33050
2
2448
Sclafani-Janene
Fnmnn: ]ANRDEHL`ANDERSDNgmeh|andeonn@nut|nnkcnm>
Sent: Saturday, December 30' 2023 1:48 PM
To: Rice-David; Cates-Craig; 8D[[D|33; 8D[[D|35; 8D[[D|32
Subject: Road Abandonment Concerns K4e|a|euca Street Duck Key
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Commissioners:
Thank you for all you doto make the Keys a better place tolive. | understand how demanding your job is and the
amount of time you dedicate to improving our environment and greatly appreciate it.
It has come to my attention that two homeowners on Duck Key have applied to "privatize" Melaleuca Street in front of
their home.As a 14-plus year resident of this key, I have a strong objection to anyone who wants to privatize something
that belongs to the County and has been paid for by all homeowners via their taxes.
Below, are the key reasons | object to the privatization:
* It is profoundly unfair for homeowners to try to annex public land for their own personal benefit and
enrichment. All the homeowners on the island have paid taxes to build and maintain these roads. It makes no
sense to me to have other homeowners claim rights for something that should belong to the community.
* It would harm the "culture and cohesiveness" of the island by setting up an "us versus them"
environment. Duck Key is known for its congenial style. Having certain homeowners try to take advantage of
the majority ofus is not appropriate.
* It hurts visitors to Hawks Cay, one of the largest revenue-and tax-producing entities in the Keys, by disallowing
visitors from viewing the ocean from various locations around the island.
* It harms all the residents of Duck Key by not allowing us to visit different parts of the island and view the ocean
on roads for which vve paid our taxes.
* It potentially could lead to a deterioration of the street itself. If these two homeowners are allowed to close off
part of the road, they are under no obligation to maintain it. |f the privatized Sea8rape Street situation isany
indication of what might happen, we will see a significant deterioration of the quality of the road, which is a
negative for nearby homeowners.
* It potentially harms the neighbors adjacent to or near the abandoned part of the road. Instead of using the cu|'
de'sacturnaround, driversvvi|| beforcedtousethesenei8hbor'sdrivevvays. How can that be fair?Also, how
will fire trucks, garbage trucks, etc. be able to turn around without acu|'de'sac?
| ama member of the Board of the Duck Key Property Owners Association. As you may know, the entire Board
unanimously voted to oppose all privatization of any street on Duck Key.
Thank you for your consideration of this matter. Suffice to say, itis something about which | (and many other
reside nts/taxpayers ) have a lot ofpassion.
Sincerely,
2449
Janice M. Roehl-Anderson
102 Bimini Drive—Duck Key
Janice M. Roehl-Anderson
Cell: 1-303-885-8700
Email: u..l:.:2. ..:!.... ..!!.. .. .!::. ..!!... .. .. .:.�.. . .�..:.�:: ..!: p:
2
2450
Sclafani-Janene
From: William Tanis <btanis@veriznnoet>
Sent: Saturday, December 30' 20232:15 PM
To: Rice-David; Cates-Craig; 8D[[D|33; 8D[[D|35; 8D[[D|32
Cc Ron Destneichec Ellen ARyan
Subject: Road Abandonment opposition Strongly Oppose
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BOCC Commissioners
I want to strongly opposed to road privatization application that has been filed in Duck Key and all residents|have spoken m also strongly opposed this and
prior attempts which are on file with the county. Please uo not approve this application and vote mm|||
smTaani,
3o4sSeamewDrive
Duck Key
2451
Sclafani-Janene
From: Cedric Burns <mob69@hntmaiicnm>
Sent: Monday,January 1' 2024327PK4
To: 8DCCD|S4
Subject: Road Privatization Application- Dick Key
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Good evening, Commissioner Rice,
As a resident of Duck Key, I am emailing to express my opposition to an application with the County Commission to
privatize another public road on Duck Key,this time Melaleuca Street on Yacht Club Island.
As I have stated before, I am extremely against the privatization of any roads in Duck Key and am asking the commission
to vote AGAINST this and any other applications for road privatization that may come before the board.
Road privatization limits residents of Duck Key freedom of movement on the Island and access to ocean views that make
Duck Key and all of the Kays such a unique place to live. Furthermore, privatization creates areas that lack proper
maintenance, uniformity with the rest of the community and it is fundamentally unfair to all, when the County freely
transfers valuable land to afavv landowners.
| hope you will consider my views and oppose this application.
Sincerely,
Mark Roby
]11]asmina St
Duck Key, FL]]0S0
2452
Sclafani-Janene
From: hanvkevs@anicnm
Sent: Friday, December 29\ 202310:07AK4
To: Rice-David
Subject: road privatization
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Good Morning,
| believe we have addressed this issue before. | onn strongly opposed to any more private roods on duck key.
I have lived here for 37 years and I am familiar with the opinions of many who have lived here for many years.
Thanks for your consideration to address this issue.
Harry Kirchner
2G2 West SooviovvDr.
Duck Key FL 33050
z
2453
Sdafani-Janene
From: jladam1969 <jladam1969@gmail.com>
Sent: Monday,January 1, 2024 9:36 AM
To: Rice-David
Subject: Roads
[You don't often get email from jladam1969@gmail.com. Learn why this is important at
https://aka.ms/LearnAboutSenderidentification j
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open attachments you were not expecting.
I object to privatizing roads on Duck Key. The maintenance can be a problem plus you need places for people to turn
around instead of owners driveways.
Jan Adam
Sent from Jan
i
2454
Sclafani-Janene
From: lem314@aol.com
Sent: Monday,January 1, 2024 9:53 PM
To: Rice-David; 130CCDIS3; 130CCDIS5; 130CCDIS2; Cates-Craig
Subject: Street privatizing Melaleuca Street on Yacht Club Island, Duck Key
You don't often get email from lem314@aol.com.,I,;,;�;;a,r;��,,,,e h this is uu��:a�:�an�t
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open attachments you were not expecting.
Hello Board members of the BOCC, Monroe County, Florida,
My wife and I are adamantly opposed to privatizing any and all roads, streets, alleys, rights-of-
way and similar on Duck Key.
This practice of privatizing public roads for private gain should not be allowed.
It is our right as taxpayers on Duck Key to have complete access to these roads anytime, which
enables everyone to view the oceans beauty.
After all, that is one reason we chose and moved to Duck Key.
My wife and 1, along with our family and friends, love to take walks and cart rides and in doing so, go
down these roads to see the ocean and watch the boats.
This is part of the 'being' of Duck Key, seeing the beauty of the ocean unrestricted.
Tax funds are used to maintain these roads as it is now, if privatized, the taxpayers loose that money
already spent over the years to maintain said road(s).
The new private owner(s) have all to gain with no expense to them. Their property value and square
footage goes up at next to no cost. Their property taxes may go up a little but not as much as their
property value will. How is that fair to everyone else? It is not!
Furthermore, this practice should be against the law which can be easily done by writing up a
resolution, then with a majority vote on the resolution at your regular meetings, (I believe you need
two meetings for the reading and then vote in favor of the resolution after the second reading), thus
making it a law/ordnance.
Then, with this law/ordnance in place, this issue of privatizing any road(s) in Duck Key can never be
brought up again.
You, as the board of Commissioners, will not have waste your time or taxpayer money to deal with
this issue ever again.
Please VETO this request for the privatizing of Melaleuca Street on Yacht Club Island. Also please
consider passing a resolution to band any further attempt by any private person(s) and/or entity to
privatize any public roadway, including but not limited to roads, streets, alleys, rights-of-way and
similar accesses. This will make things fair to ALL the taxpayers on Duck Key.
Please consider our request favorably.
Thank you for your time,
i
2455
Lyle and Christine Mushinski,
387 East Seaview Drive
Duck Key, Florida 33050
(609) 203-3590 Lyle
(609) 558-8954 Christine
2
2456
Sclafani-Janene
From: Phyllis Collins <phW|iso@gmaiicnm>
Sent: Thursday, December 28L20237:19PK4
To: Rice-David
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To Commissioner David Rice, and all other commissioner,
We are residents in Duck Key and oppose privatizing Melaleuca Street in Duck Key. Respectfully yours, Marc and Phyllis
Collins
F
11
1 rw w„yd ri
2
3 RESOLUTION NO. -2024
4
5 A RESOLUTION SETTING THE DATE, TIME, AND
6 PLACE FOR A PUBLIC HEARING REGARDING
7 PROPOSED ABANDONMENT OF A PORTION OF
8 PUBLIC RIGHT-OF-WAY LOCATED ON A PORTION
9 OF THE MELALEUCA STREET RIGHT-OF-WAY
10 SITUATED WITHIN THE DUCK KEY PLAT, AS
11 RECORDED IN PLAT BOOK 5, PAGE 82, OFFICIAL
12 RECORDS OF MONROE COUNTY, FLORIDA,
13 WHICH IS BOUNDED ON THE WEST BY A PORTION
14 OF THE EAST SEAVIEW DRIVE RIGHT-OF-WAY,
15 BOUNDED ON THE SOUTH BY LOTS 77-79, BLOCK
16 1, BOUNDED ON THE EAST BY LOTS 76 AND 77,
17 BLOCK 1,AND BOUNDED ON THE NORTH BY LOTS
18 74-76, BLOCK 1, MONROE COUNTY, FLORIDA.
19
20 WHEREAS, The Bestow Group, LLC and Charles and Kristen Currier,via Smith Hawks,
21 PL acting as an authorized agent, has solicited for the Monroe County Board of County
22 Commissioners (`BOCC", "Board", "Monroe County", or the"County")to voluntarily abandon a
23 portion of public right-of-way located on a portion of the Melaleuca Street right-of-way situated
24 within the Duck Key plat,as recorded in Plat Book 5,Page 82,Official Records of Monroe County,
25 Florida, situated as more particularly described below, which is bounded on the west by a portion
26 of the East Seaview Drive right-of-way, bounded on the south by Lots 77-79, Block 1, bounded
27 on the east by Lots 76 And 77, Block 1, and bounded on the north by Lots 74-76, Block 1; and
28
29 WHEREAS, under the Monroe County Codes and Florida Statutes Chapter 336, it is
30 necessary to hold a public hearing for the Monroe County Board of County Commissioners to
31 publicly consider said abandonment after publishing due notice of said hearing therewith; and
32
33 WHEREAS, the Monroe County Board of County Commissioners hereby desires to hold
34 a public hearing to consider abandonment of the subject portion of right-of-way situated on a
35 portion of the Melaleuca Street right-of-way;
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. Findings of Fact and Conclusions of Law. The foregoing findings of fact and
41 conclusions of law are true and correct and are hereby adopted and incorporated as if fully
42 set forth herein.
43
File#2023-286 1 of 3
2458
I Section 2. The Board of County Commissioners of Monroe County, Florida, will hold a
2 public hearing on July 27,2024,at 9:00 am,at the Marathon Government Center,2798
3 Overseas Highway,Monroe County,Florida,to consider abandoning the subject portion
4 of right-of-way situated as more particularly described herein on per the recorded plat of
5 Ocean Acres, Plat Book 1, Page 188, Official Records of Monroe County, Florida, to wit:
6
7 THE P UBLIC RIGHT OF WAY DESCRIBED AS:
8
A parcel of land) being Meoaleuca Street, lying Southerly of and adjacent to Lots 74, 75 and 76, Block 1, and lying
Northerly of and adjacent to Lots 7'7, 78 and 79, Block 1,all of YACII IT CLUB ISLAND, DUCK IKEY, SECTION 4,
according to the Plat thereof as recorded In Plat.Book 5, Page 82, of the Public Records of Monroe Cou.unty, Florida, and
being more particularly described as follows:
COMMENCE at the intersection of the Easterly right-of-way line of Fast Seaview Drive aind the centerline of Melaocuoa
Street, of said YACHT CLUB ISLAND, DUCK KEY SECTION 4;
thence bear N66156 00"E along the centerline of Melale^uca Street, for a distance of 255.0 feet to a point at the
dividing line between Lots 76 and 77, Block 1, said point being a point on a curve, and also the Point of Beginning,;
thence from the Point of Beginning, in a Northerly, 'Westerly and Southerly direction along a curve for a distance of
130.9 feet to a point, said curve heaving a Radius of 50 feet, a Delta of 1.500, and a chord bearing of S810560011w,
vwith a chord distance of 96.59 feet;
thence S66056"00""VV for a distance of 136.70 feet to a Point of Curve.;
thence in a Westerly and Northerly direction along said curve for a.distance of 39.27 feet to a point on the Easterly
right-of-way line of East Seaview Chive, said curve hawing a Radius of 25 feet, a Delta of 90'0,, and a chord bearing of
N68104 00"" , with a chord distance of 35.36 feet;
thence bear 523104 00"E along the Easterly right-of-way line of East Seaview Drove for a distance of 100.0 feet to a
point at the Southerly right-of-way line of Melaleuca Street, said point being a point on a curve;
thence in a Northerly and Easterly direction, along said curve for a distance of 39.27 feet to a point of tangent, said
curve having a Radius of 2.5 feet, a (Delta of 901"", a chord bearing of N21056'00"E, with a chord distance of 35.36 feet;
thence N66156 00"E for a distance of 136.70 feet to a point can a curve,
thence in a Southerly, Easterly and Northerly direction along said curve for a distance of 130.9 feet back to the Poirot
of Beginning, said curve having a Radius of 50 feet, a Delta of 15011, a chord bearing of N51056'00"E, with a chord!
distance of 96.59 feet,. Containing 15,980 sq. ft,, (0.36 acres).
SUBJECT TO a 110 foot by 54 foot U'tillity Easement in the Southerly 1/2 of Mellaleuca Street, adjacent to Lots 77, 78
and 79, Block 1 of YACHT CLUB ISLAND, DUCK KEY, SECTION 4, according to the(Plat thereof as recorded in Pllat Book
5, 'Page 82, of the Public Records of Monroe County„ Florida,and being more particularly described as follows:
BEGIN at intersection of the Easterly right-of-way Iline of East Seaview Drive and the centerline of Melaleuca Street,of
said YACHT CLUB ISLAND, DUCK KEY, SECTION 4;
thence bear S23104'00"E for a distance of 8.86 feet to the Point of Beginning,;
thence bear S23004'00"E for a distance of 10.0 feet; thence bean N661156`00"°E for a distance of 54.0 feet; thence bear
N23104'00"W for a distance of 10.0 feet„ thence bear 566*55'00"W for a distance of 54.0 feet back to the(Point of
9 Beginning.
10
11 Section 3. Construction and Interpretation. This Resolution and its interpretation shall
12 be liberally construed and enforced in favor of the Monroe County BOCC and such
13 interpretation shall be entitled to and granted great weight in adverse administrative
14 proceedings,at trial,in bankruptcy, and on appeal, and all provisions of the Monroe County
15 Comprehensive Plan, Monroe County Codes, Florida Statutes, floodplain management
16 regulations, and Florida Building Code whose interpretation arises out of, relates to, or is
17 interpreted in connection with this Resolution shall be liberally construed and enforced in
18 favor of the Monroe County BOCC and such interpretation shall be entitled to and granted
19 great weight in adversarial administrative proceedings, at trial, in bankruptcy, and on
20 appeal.
21
22 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed
23 to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
24 governmental, and any other similar defense, immunity, exemption, or protection against
25 any suit, cause-of-action, demand, or liability.
26
File 4 2023-286 2 of 4
2459
I Section 5. Severability. If any provision of this Resolution, or any part or portion thereof,
2 is held to be invalid or unenforceable by any administrative hearing officer or court of
3 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or
4 portion thereof, shall neither limit nor impair the operation, enforceability, or validity of
5 any other provision of this Resolution, or any remaining part(s) or portion(s) thereof. All
6 other provisions of this Resolution, and remaining part(s) or portion(s) thereof, shall
7 continue unimpaired in full force and effect.
8
9 PASSED AND ADOPTED by the Monroe County Board of County Commissioners at a
10 regular meeting held on the 151h day of May, 2024.
11
12 Mayor Holly Merrill Raschein, District 5
13 Mayor Pro Tem James K. Scholl, District 3
14 Commissioner Craig Cates, District 1
15 Commissioner Michelle Lincoln, District 2
16 Commissioner David Rice, District 4
17
18 BOARD OF COUNTY COMMISSIONERS
19 OF MONROE COUNTY, FLORIDA
20
21
22 MAYOR HOLLY MERRILL RASCHEIN
23
24 (SEAL)
25 L40NROE COUNTY ATTORNEY
26 ATTEST: KEVIN MADOK, CLERK ' ` '���
27 L"kfale:
28
29 AS DEPUTY CLERK
30
File 4 2023-286 3 of 4
2460
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Location: The northerly 1/2 and Southerly 1/2 portions of Melaleuca
Street, Yacht Club Island, Duck Key
Property Owner/Applicant: The Bestow Group, PL and
Charles C. Currier and Kristen C. Currier
Agent: SMITH/HAWKS, PL
Barton W. Smith, Esq./ Jess Miles Goodall, Esq.
Total ROW Area: 15,980 sq. ft.
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• Applicant is requesting the abandonment of the
cul-de-sac known as Melaleuca street located on
Duck Key, Florida.
•
• • _ Applicants are the owners of the two (2)
contiguous properties on either side of
Melaleuca street.
• The ROW abandonment will result in
approximately 7,990 square feet being added to
each contiguous property.
• Identical Cull-De-Sacs in the surrounding area
have been previously abandoned. (See Seaview
Drive abandonment - File #2020-012).
® ® • Applicants wish to reduce trespassing on their
private property. Currently, pedestrians,
boaters, and vehicular traffic encroach on
private property through the Cul-De-Sacs.
• • There have been multiple occurrences that the
public congregate in these cul-de-sacs, play
music, and have gatherings for long periods of
time, which creates a nuisance to the property
owners.
• Many of the cul-de-sacs are utilized as informal
parking and storage areas, forcing the property
owners to call code compliance and have the
cars, boats, or other items removed.
• The Applicants have engaged a third-party
engineer to design native landscaping plans
within the area proposed for abandonment,
which will be developed in a manner that is
environmentally conscious.
The addition of native landscaping reduces the
environmental impact of the area and furthers
the aesthetics of the surrounding area.
• Reducing impervious surface area reduces the
risk of floods by creating more pervious open
space.
SPECIFIC IPURPOSE SURVEY SKETCH FOR ROAD ABANDONMENT NlMENT �w ;�.�° �P� C)ELTA LOT 76
THE NORTHERLY LY 1/ & SOUTHERLY 1/2 OF IMELALEU A STREET � ��° ��0.
YACHT' LUIB ISLAND CHUCK KEY, SECTION 4 �. ��� �'
P LAN" BOO , PAGE IF 8 �M O N RO E COUNTY, FLORIDA
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f ram. III f+44!111�: A II 5 TI"Tv!1 „5A µACI)I N 5K JI I tTw K]D n l f P IypM 1 1 I AI FRO, )M y P 1':''Y4 DWI"'4 pp
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tiJJ o J� IMIEMP �� „a ,, .Fl.dd,Ado c'd' �<I,h 412. d Fl" lef -LA, ) .E E E & ASSOCIATES
N�4� �Rf3L# Ia I t OF PT4f�FESS1ONALSURVEY+7R141&MAPPER,L�iR�lfo
cniuT oB biz�a DRAWN dl: Jm 3GT9T 14d�IW� A,Pll PlNe 0 FL 3:�043
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A parcei of,land being the Southerly 1,12 of Melaileuca Street,lying A parcel of land being the Northerly 112 of Melalauca Street, lying
Northedy of and adjacent to Lots 77, 78 and 79, Block I of YACHT Southerly of and adjacent to Lots 74, 75 and 76, Block I of YACHT
CIUUB ISLAND, DUCK KEY,SEMON 4,according to the,Plat CLUB ISLAND,DUCX KEY, SECTMIN 4,according to the Mat
thereof as recorded In Pllat Book 5, Page 82,of the public Records thereof as recorded in Plat Book 5, Page 82, of the:IPubiic Records
of Mionr,oe County, Morida, and be4rig more pa rticulairly described of Monroe County, Ftorida, and being more particularly described
as follows: as follows:
BEGIN at initersect[on of the Easterly right-of-way line of East BEGIN at IntersectJon of the Easterly right-of-way line of East
Seaview Drive and the centerUne of Melaieuca Street,,of said Seaview Drive and the centerfine of MlelMeuca Street,of said
YACHT CLUB ISLAND, DUCK KEY,SECTION 4, VACHT CLUB ISLAND, DUCK KFY�,5EC71ON4;
thence bear N661156'00"E along the centerine of Melaleuics Street, thence bear,N66056100"E along the ceintedine of Melaieuca Street,
for ai distance,of 255.O feet to a point at the ciNtding line between for a distance of 255.0 feet to a,point at the dividing line between
Lots 76 and 77,Slock 1, sald point biEinq a point on a curve; Lots 76.and 77, Block 1, said point b0nq a point on a curve;
thence lni a Southerly, Westerly and Northerly direchon along said the!nce In a Northerly,Westefly and Southerly direction along said
curve for a distance of 130 9 feet,to a point, sald curve having a curve for a distance of 130,9 feet to a point,,said curve having
Radius of 50 feet, a Delta or'15,Ql,a chord tmaring of Radius of 50 feet, a Delta of 15D11,a chord Ibeairing of
55,1'56'00'W,With,a chord distance of 96.59 feet; S8105VOC"W,with a chord distance of 96,59 feet:
theme S66056'00'Wfora distance of 136,70 feet to a Point of thence 5661156"00,11W for a distance of 136.,70 feet to a Point of
Curve; Curve;
thence In a Westerly and Southerly direchon along said curve f6r,a thence in a Westarly and Northerly direction aliongl said curve for a
distance of 3,M7 feet to a,point on'the Easterty right-of-way line distance of 39.27 Feet to a,point on the Easterly right-cf-way line
of East Seaview Driive, said curve having i a Radius of 25 feet,,a of East 5ea0ew Drive,said curve having a Rafts of 25 feet,a
Delta of 90,11, a chord hearing of S21156'00'W, with a chord Delta,of 9,0,0', a chord tearing of 568004"00"'W,Mth a chord
distance of 35.36 feet; distance of 35.36 feet;
thence bear N231104'00"'W along the Easterly right-of-way line of thence bear S231104'00"E along the Easterly right-of-way line of
East Seaview Dirive for a distance of 50,0 feet back to the Point of East Seaview DrIve for a ciNtance of 50.0 feet back to the Point of
Seginning..containing 7,990 sq-ft:.,(0,18 acres), Beginning,Containing 7',990 sq.ft,,,(0,1,8 acres),
(a) All applications for the abandonment of public
rights-of-way shall demonstrate the right-of-
way is no longer required for public use and
convenience. Any proposed abandonment
must demonstrate that such action will not
_ adversely affect public safety or convenience
or otherwise have a negative impact on the
county system of streets or public or private
utility facilities.
® • • •
® * The ROW abandonment area is a Cul-De-Sac,
• - that does not provide thorough fare or access to
any properties outside of the two (2) contiguous
properties.
• Applicants are granting emergency services an
easement approved by the Monroe County Fire
Marshal and the ROW does not have a negative
effect on the county system of streets or utility
facilities.
• (b) No dedicated and accepted right-of-way in the county shall be
abandoned where:
• 1. The right-of-way terminates on a body of open water; or
• The right-of-way requested for abandonment does not terminate
• • - on open water.
• The area abutting the water is privately owned by the Applicants.
® ® . • • - • 2. The right-of-way provides access to the public to land on open water;
or
• • The right-of-way requested for abandonment does not provide
public access to land on open water, the area abutting the water is
privately owned.
3. The abandonment would preclude a way for the public to maintain
access to the water.
• The right-of-way requested for abandonment does not preclude
the public from accessing water, the area abutting the water is
privately owned.
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(c) In all other cases of abandonment,
no right-of-way shall be abandoned
unless there is an agreement to do so
by all affected property owners. For
purposes of this subsection, an
affected property owner is the owner
of property which directly adjoins the
area subject to abandonment:
• The applicants own the parcels
surrounding the right-of-way
requested for abandonment,
access will not be affected.
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(d) All right of way abandonments shall
comply with the County Code and
0 0 - Standard Engineering requirements for
road, turn-around and fire-rescue
access. If required for safety purposes,
as determined by either Fire Marshal or
• County Engineer, a dedicated turn-
around area shall be shown on the
submitted survey and shall be agreed
to in writing and constructed with
' • payment by the property owner(s)
40 requesting abandonment.
• No T-turn is required.
• An emergency access easement, as
approved by the Fire Marshal, is
being provided.
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(e) A right of way may be abandoned only at the terminal
portion of the road and in its full width unless one of the
following applies:
Ilk
1. An adjacent lot owner has on the platted right-of-
way or within a setback a substantial structure
which predates the Special Session Law 59-1578
• pertaining to maps, plats, and right-of-way. The
term "substantial structure" specifically does not
include wood or metal fences, sheds or tiki huts or
other items not listed which are accessory
structures; or
• 2. The abandonment is requested by a County
• department or governmental agency for a public
use; for purposes of this subsection public use is a
public facility and/or public/private utility; or
3. The right of way area is unusual in size or shape
and after abandonment the remaining right of way
width will be the same on both sides of the
abandonment as shown in Example 1.
• The ROW is being abandoned at the terminal portion
of the road and in the entirety of its width.
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