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Item S1 S1 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 October 16, 2024 Agenda Item Number: S1 2023-2544 BULK ITEM: No DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper n/a AGENDA ITEM WORDING: A Public Hearing for the Monroe County Board of County Commissioners (BOCC) to Consider a Request for BOCC Approval of a Resolution Renouncing and Disclaiming Any and All Right of the Public and BOCC 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, Submitted by Smith- Hawks PL in Its Capacity as an Authorized 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 5637 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 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 to this agenda item. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024 -Approval of a Resolution Setting the Date, Time, and Place for a Public Hearing Regarding the Proposed Abandonment. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: The Monroe County Planning & Environmental Resources Department's professional staff have reviewed this request under Monroe County Code Section 19-1 and it does meet the basic eligibility criteria for the BOCC to consider/decide whether or not to renounce, disclaim, and abandon any and all right of the public and BOCC to the subject portion of public right-of-way in favor of the private applicants. DOCUMENTATION: 2023-286 Specific Purpose Survey Sketch&Legal Description.PDF 2023-286 Recvd 04.17.24 Survey 1_South.pdf 2023-286 Recvd 04.17.24 Survey 2_North.pdf Public Comment.pdf Duck Key Public Petition.pdf Utility Relocation Agreement_FI<AA 2.12.24.pdf EMERGENCY ACCESS EASEMENT Florida Division of Corporations (Sunbiz) - The Bestow Group LLC.pdf Professional Staff Report.pdf Reso_Abandonment.pdf FINANCIAL IMPACT: NA 5638 5639 0 v LO u� _ � A v 10 N ui muOf O T 6, u O a m N N O •O 61 D O v u 0 U M 4.- N W C u O m O 'mN� Z >, O Om��o Y'O OH O Q O O O G u _ C O OJ G.G U N 3 U O C ° UI O U U 9 - -0, o�/'� O Vt U m N G 0 0 C N O O OJ O UI i V y V/ m O N Od U N i a O y >N 0-O pi 'U O a1 O Y O 0 T N p p mL m U U z y p N\ U Q �a ° o v° c v.1Oc 0- . �'N2u uIv 0 to QLLu_ N N t0 L O O w N N In N 'O W Z a Z OU > O 0 0 N v j C N '� U a u u O /UJ z Z O J u 3 c mo amoo.� ..w c U ¢ w vLLJm N N m° O'O r N W O y OW j C U o U p C p 'C �/ U N y O O N ti N N 9 G.-, U ° E 0 C m ry U=w N O C O ° LJJ , O W O O N N o u m Q m¢ - -tn_ v w av u o T � oz W Y N o v ti v u o:o a o+m v v o Z O N pI m 0 N O Z C G N O v O O O Z x uc > '° -> v*' v .0 W O -a N Z 'n N N d = Ot >• u a ° 0 0 Ip u U w aL.+ N�O Q 3 Q �a °<p°o TAN hisONO tp� > 3Ulm OO cc�M U. 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'E a J� Qp r .51 a z R°z E` E E n > J1 HOW a h o I- 3 E {1 wZ r U _ HIpuiO 2 j r aTJ mw� ow 3LL �� az> z=u� LLoozpW �W FAN g E e wG N Or JO O.1 0 Z~m G O > t1 OZ a ' g. 5 2 af a w = o EJ Qw Jw roOw-O Fo _ u p 0 SYS Hn him,5 4 y, o�J r�� j °E' E n o° u .tom �y� _ HIM - - FW - mpc i �.i�o� a ._ _ _a A z" 1.=v- (n �a im HIM; Y UU 1w a°a `� o Q S is 9 z Plitt!R w 5 �Pl �cl O z s LL�Y �d o a a� z Ny s :✓ �: \�,\ I\� - o O p D u u "5 m N 0 3 v W L O v a Y �s°o ` a mw AN i mb E ' \ o x \ W e r2 ,•or, a s Y�O � 2 my kl d H W ri l A - �- Z U U r0) y 9 r m -+ U w C7 m 'LQL7' W u �r r, Ui a O LL \ Lr) L C) Lr) z O , � d- p00 N C) U r w � �� dmw A o _ s rn Q J O (n Q ty Jm_ r2' i--i J u � � � � '�ro � I�I�Io y Q�MI - r � c O -j U mLL J pad O Q rp ca e` � „ve EPJ1 z� / Aguila-liz From: ppbba@aol.com Sent: Sunday, December 31, 2023 2:35 PM To: Rice-David; Cates-Craig; B0CCD1S3; B0CCD1Sn BOCCDIS2 Subject: Against privatization of Melabuca Sweet 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. Cor,n rr,iiss ioi ie rs, The opposMon tovvards the prkiatizatk)r ol tMe1cfleuc(,,i Street or ciny roc',ids in Duck Key is in severcd cc)nipE?Mnqj reasons F&MIzation X/VOLAd e ntaH I�anding over conUol and a_q)keejp responsHoWs to a private enUty, potendc_Oy 114f,Cclerir4jj access and rnobHiLy fot residents We, bekeve QHH road closures would resVicl. their freedoryi of willtlrr the cornn u r)i t V L h E?Irl C(A I 4 h o rn e and be negatbEdy Wqxicted lay aH. Mcmeoveq privatkadon niny result In anci resporniveness to residenk needs cory'q:)cired to a k"AAIDHCJY-NIff) SySt�DrTl When conAdeAng the Anpac,,1, of an rabandoned rmul H becanes evdent thc�t thE.Te are potenticflly hurrnful (,,,,onse(,juences for the neighborkrq cv ,,J rE. sidents ir"� ck�)se p)roxknity 11're negiect and deterMadon of Ms ro(xt cas ;tile l�avc�� on, Street, n"tciy dE.ICR�'(_' S�� vakje,,�s tt'�ose actljaceinl to it cis VNEW (is Lhe Mtira9 mS�Qrld, oloreonx, neghcted Ioc��ds Oft:E��_'^ res�,At in chabagedeading to F,.)otentka:.fl fl0()(fltuj rSSLJes ch,iring heavy rains that ccin cjcjrrlag(,, necirby homes c)r OfmMuMme Whei excis:,ierabng l.he adverse KPOC!, fOCEKi by the netpf)ors, e, it for you tC:) deny this re(,juest As suck a 2() 'yee,u iesident F)(_6ck I adarnanHy atn appostgj any 9"r-7cwe tc)'01OWs privat iz. Liar) cJ Mekdeuca Meet and seek W protE,.<,L the and hHereks of Q M AM i rani a rnenIms W IN, Boad Y the Duck Key F1,Y c'perty which as you cjn',a awv:,;.re, in ifs erAhsty ME& to cqjpose cAl and any pdoAkWon of any roadjtmel an Mk key I f"'�cv-ik 'you fc)r you par oapt atter"0iorr (,:,w d conslderation in this B(,ittoar(,',i McKhney 11 Indhs Me Sou&f 5644 304-276-6528 2 5645 Aquila-lize From: Jennie Nowak <nowakjennie7@gmaiicom' Sent: Friday, December29. 2023 8:51 AM To: Rice-David Subject: Against privatization of road on Duck Key � You don't often get email from nowa�ennie7@)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. 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 itis 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 inadvance. Jennie Nowak 264 West SeavievvDrive Duck Key Florida 33OS0 5646 Aguila-Ilze 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 turnaround on the cul- de-sac. If we allow privatized roadways that may eliminate cukde-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 puck Key FL 33050 1 5647 Aguila-Ilze 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:Haka.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. 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 1 5648 Aguila-lize From: mcconnick265@beUsouthoet Sent: Wednesday, January 3, 2O249:5OAK4 To: 8OCCDi54 Cc: Cates-Craig; B]CCD|S3; 8OCCD|S5; B0[CD|S2 Subject: Attempt to privatize another Duck Key cul-de-sac g�, Some people who received this message don't often get emai|from mccornnick265@beUsnu\hnet. 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 K8e|a|euca 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 cul-cle-sacs were rescinded because a large number of Duck 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 103N. Bahama Drive Duck Key, FL 5649 " n ai l Ron Oestreicher<ron.oestreicher@gmall.com °w: Melaleuca Street privatization messages lice-David<Rice-David nionroecounty-fl.gov> _ Fri,Jan 5,2024 at 5:49 PI 'o:Ron Oestreiclier<ron.oestreicher@grnail.corn> David received this today, Tamara From:Debbie/Chip Roberts<dhl aapaan@ aoLcaam> Sent:Friday,January 5,2024 8:57 AM Tw Rice-David<Rice-Ddvid@ Mon roeCounty-FL.Gov>;Caters Craig<Cates Craig@ Mon rocCounty FL.Gov>;BOCCD153<BOCCDIS3@MonroeCounty,FL.Gov>; BOCCDISS <BOCCDI55 r,MonroeCourrty-FL.Gov>;B0CCDIS2<boc,crli;sJi(&7? orrroe(.,¢)Lud-e'ty-fl,gov> Subject:Melaleuca Street privatization [You don't often get email from d1rjapan @aso9.r;.or.u.r. Learn why this is important at httpt,°ltaksa m^,t1.r*u-srn�F krrtr.rtt;r srlts,rRslr,rstr'B�a;attlr.,trs CAUTION:This email originated frorn outside of the County.Whether you know the sender or riot,do not click links or open attachments you were not expecting. Gentlemen,We have recently been informed that there is a application to the county to privatize Melaleuca Street on Yacht Club island on Duck Key by Bristow Group. This application was submitted December 4th 2021 We would like to voice our opposition of this application and sincerely hope that this move will not be approved by the board. We have a wonderful community on the island and feel that this move potentially will change the feel of the island by limiting residents freedom of movement on the Island and access to ocean views,that it damages the uniformity of our community. John and Debbie Roberts 223 West Seaaview Cu Ue, Duck, Ke.y Marathon, FI,33050 Ion Oestrelcher<ron.oestreicher@gmail.com> Fri,Jan 5,2024 at 5:54 P1 a:dlrjapan d�.)aol,com John and Debbie Thank you very much for taking the time to support DKPOA and many of your neighbors by sending this ernail to the commissioners. There has been a great deal of support sent in and I am very hopeful this will be rejected, Ron Oestr'eichear, President DKPOA (P„uotcd text hiddonI 5650 i r ail Ron IDestreicher<romoestreicherVgmatl,com 'w: Privatization of malaleuca strut messages ;ice-David cRice-DavidCcDrnonroecourity-fl.gov> _ Fri,Jan 5,2024 at 5:60 PI o:Ron Oestreicher<ron.oestreicher@grnail.com} David received this today. Tamara From:Peg Forster<for.ster}peg(ft�gtt taol.com> Sent:Friday,January 5,2024 8:50 AM To.Rice-David<dice-Davicl@MonroeCourity-F'L.Gov> Cc:Crates-Craig<CateS-Craig@ Mon roeCounty-FL.Gov> Subject:Privatization of malaleuca street [Some people who received this message don't often get email from for rsterpetj@grnG-ail.corn. Learn why this is important at ht:tps,//aka.ms/ G..(.;rtrrnAk)oro At(:endc�rBdr;n ificatuorr I CAUTION:This email originated frorn outside of the County.Whether you know the sender or not,do not click links or open attachments you were not expecting. I am totally against privatizing that street.We live at 374 East Seaview Drive, only two blocks from there. I regularly walk my dog down that street and I always pick up after my little poodle. Not many people drive down that street so there is no valid reason to privatize the street. Are the owners going to repair the road when needed? Are they going to drive to the end of the street to pick up their mall? Please do not approve this change. ' Peg Forster Sent from my!Pad ion Oestreicher<ron.oestreicher a grnail.com> Fri,Jan 5,2024 at 6:02 PI u:forsterpeg@ginall.com Peggie. Thank you so much for supporting DKPOA as we gather support to have this application rejected by the commissioners. I have many of our neighbors supporting the opposition of this Road Abandonment and DKPOA will continue to challenge this application until it is rejected by the BOCC Regards, Eton Ooatroicher President DKPOA----------Forwarded message--------- From:Rice-David<Ricw:r-D)ivid(f.Pri�o; Woe(> �ozunty-fV.tic)i> Date:Fri,Jan 5,2024 at 5:50 PM Subject:Fw:Privatization of malaleuca street To:Ron Oestreicher<rovt tw€.ttreV h€r ry natiV.c.rr €> ((Juotaed Wxt Vtidde"'J 5651 f r"nail Ron Oestreicher<ron.oestreicber@gmail.com °w: Duck Key Road Privatization messages !ice-David<Rice-David@nionroecounty-fl.gov> Fri,Jan 5,2024 at 5:51 PI b:Ron Oestreicher<ron,oestreicher(r_gmail,com�^ David received this today. Tarnara From:Bruce Pelkey<isiC4Vtrty.WnrtJs� kOatna'ul.e°;:tl � Sent:Friday,January 5,2024 1.1:47 AM To:Rice-David<Ric;e-David@MonroeCounty-FL.Gov>;Cates-Craig<Cates-Craig@MonraeCounty-FL.Gov>;BOCCD153<BOCCDIS3CtDMonroeCounty-FL.Gov>; B0CCDIS5 <BOCCDIS5@ MonroeCounty-FL.Gov>;BOCCDIS2 ctyor,r„:9Vp;w'trurx�c:rrar'ua:�a;r,Lr.rnk. fd.f�crv> Subject:Duck I<ey Road Privatization Sorne people who received this message don't often get email from polkoy.dmurn(.caomaiL(.ori.V..orsm why this ir,irnlrcani vit CAUTION:This email originated from outside of the County.Whether you knew the sender or not,do not r„lick links or open attachments you were not expecting. Good Morning, Reportedly,an application has been filed to privatize Melaleuca Street on Cluck Key. This action would enlarge a few properties at the expense of all neighbors and residents. Please oppose this action.. Thanks, Bruce Pelke;y 376 East Seeaview Drive L'Juck Kr�y,FL 33050 ton Oestreicher<ron.oestreicher@gmaii.com> Fri,Jan 5,2024 at 6:08 PI d: peikey.bruce@gmail.com Bruce '"hank you very much for taking the time to write to the commissioners and opposing the Road Abandonment application that has been filed. DKPOA and myself great appreciate your support Regards, Ron Oestreicher President DKPOA----------Forwarded message--------- Fom:Rice-David<ttie,et,L �v¢rJ(c:kten€rrrocbevc:a:atwra1y-9'LrJr",pv> Date:Fri,Jan 5,2024 at 5:51 PM Subject:Fw:Duck Key Road Privatization To:Ron Oestreicher<ron ic .,tra:.xee_:hrrfialdturu,=ri0.cearrt> (QWO[eU CH,XC IYfCd(fti^Ct,t 5652 gg ��D�"'j�^ j�I Ron Crestreicher<ron.oestreicher@gmail.com 'w: Duck Key rnessages ;ice-David<Rice-David@iiionrot coranty-fl.gov> Fri,Jan 5,2024 at 5:54 PI 'o:Pori C)estreicher<ron.oestreicher@gnrail.corn> David received this on wed.evening, Tamara From:Q°°arandyp idj'ort4@grrrfall,r,orTr<hrar°idypasarorr4@gPrru°,u'll,a,om> Sent:Wednesday,January 3,2024 6AS PM To:Rice-David eRice-David(�PMonroeCounty-FL.Gov> Subject:Duck Key [You don't often get email from br,aqidyfr;adrr:airl4Ce4)grrtoil.corra. Learn why this is important at h:tll.as:fi,-ak,a.rcr� lG.�ar_rrratia�l eruct re rrda�ae tiderutdfgr Orouraru CAUTION:This email originated frorn outside of the County.Whether you know the sender or not,do not click links or open attachments you were riot expecting. I oppose the privatizing of any roads on Cluck key. This will only take away from the beauty&freedom on this island. Also not fair to every taxpayer, We oppose this new application for privatization on Maleluca or any other street that seems,they need to be private! Thank you Brandy Padron Resident Cluck Key Sent from my iPhone !on Destreicher<'ror7.oe.streicher(er)grnaiLc,.om> Fri,Jan 5,2024 at 6:12 PI 'o:br'andypadron4(Pgma1l.com Brandy Thank you very much for taking the time to write to the commissioners and oppose the Road Abandonment application that has been filed. DKPOA and myself greatly appreciate your support. Regards, Ron C)estreicher President DKPOA [Ouot'vi text Hddenj 5653 Gn"is i l Ron Oesfreacher gron.oestrelcher@gmail,coin toad Abandonment - Melaleuca Street Duck Key messages ohn Wolfe<jjw.keys@grna1I,com> _ Mon,Jan S,2024 at 11:25 N 'o:Rice-David<ric,e-david rx nior7roecounty-fl.gov>,boccdis1 r r)monroecocanty-fl.gov,boecdis3@rnonroecounty-fl.gov,boecdis5@monroecounty-fl.gov,boccdis2(prnonroecourity-fl.gov ;c:Ron Oestreicher<ron.oestreicher@gmali.com> Dear Commissioners, I am writing in opposition to the Application by Bestow Group,LLC,Charles and Kristen Currier for the abandonment of Melaleuca Street on Duck.Key, Melaleuca Street is one of numerous cul-de-sac streets on Duck Key,with many of them being On Yacht Club Island.These streets are great for tire many walkers,runners and bikers who enjoy the break from the long straight stretch of roadway which these intersect.As part of the flat of Duck Key,they contribute to the unique character of Duck Key and Its roadways.if this application is granted it would undoubtedly lead to the abandonment of other cul-de-sac streets resulting in varying degrees of upkeep and appearance.It would also severely alter the character which these streets contribute to our island community roadways. Abandonment of County roads is discretionary,and I strongly urge you to deny this application. Thank you for your considerabon. Jr)hr'r Wolfe 252 West Seesviuw Circle,laa.rck.Key. Pon Oestreicher<ron.oestreicher(i)gmalI.com> Mori,Jan&,2024 at 1:30 PI i;a:Jahn Wolfe<jjw.keys ri7grnaiLcorn> Thank YOU [Quoted text luddenj 5654 Ron Oestreicher<ron.oestreicher@gmail.coma Fwd: opposed to road privatization Melaleuca Street off West Seaview Drive where we live, t messages _curie Oestreicher <laurie.oestreicher a@gmail.com> Fri, Dec 29, 2023 at 1:01 PIS, ro: Ron Clestreicher<ron.oestreicher@gmail.com> ---------- Forwarded message --------- From: Gayle <n°r::;�wi�wia,a.dt.u: icy (r' r., ast:mirue> Date: Fri, Dec 29, 2023 at 12:59 PM p West Seaview Drive where we live, To: i]occdi��it�y�i�,.rt�)nl:a�:::.a.wn 1V.gov {boy ,.,�.disIftt?rnonl'oeco wut ...�l, swig >, i.x ar,� KRP C urra:en��a t.,c u,uirtl it 0V Subject: opposed to road privatization Melaleuca wt��.w eua„:,t�sw.,uc°tr -�6"V :.��v <Ik,�w::a.l,liit�;�ywa"tri:ta�::wi�sva;��w.ai 7t tlP �:p��:�uv>, <i)t.�t�.:��a.iw 3( I'llIlU eI-Qe.��,a.�UI)Vy° 6i gc�a , t,a.�. .:.@�,. ..., g r.io Cc: Eddie Malmo < vt;kyraiMerl @w S.a;:crn> My husband Eddie and I are full time residents on Duck Key and we both are opposed to road privatization elaleuca street off West Seaview Drive where we live, (along with lots of other Duck Key residents and especially since we live on `yacht club island and have no ocean view, Hoping this strong response helped ensure the privatization will continue to be rejected by the Commissioners. DKP A"s position is that road privatization limits residents" freedom of movement on the Island and access to ocean views, that it damages the uniformity of our community, that it can create areas that lack proper maintenance, and that it is fundamentally unfair to all when the county freely transfers valuable and taxpayer-supported land to a few landowners. Moreover, privatizing Melaleuca Street will create a problem for nearby homeowners as cars may be turning around using their driveways when they reach the blocked roadway. Gayle and Eddie Maimo Laurie Oestreicher "Life is God's gift to you; what you do with it is your gift to God." Ron Oestreicher <ron.oestreicher a@gmail.com> Fri, Dec 29, 2023 at 1:22 PN ro: David Rice <rice-david a@monroecounty-fl.gov>, Tamara Lamarche <lamarehe-tamara a@monroecounty-fl.gov> This went to all the other commissioner but did not see you were included [Quoted text hidden] _amarche-Tamara <lamarche-tamara a@monroecounty-fl.gov> Fri, Dec 29, 2023 at 2:24 PN To: Ron Oestreicher<ron.oestreicher@g mail.com>, Rice-David <Rice-David�7a�,monroecounty-fl.gov> Thank you. Will add it to the email file. Tamara From: Ron Oestreicher<mn.oes° rek ienr@tirn,,40 Corn> Sent: Friday, December 29, 2023 1:22 PM To: Rice-David <Rice-David a@MonroeCounty-FL.Gov>; Lamarche-Tamara <Ian,i o che taint°aiiia @�,i�o_ -it°(„)eC:yC)Ljngy tl.c)cv 5655 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. [Quoted text hidden] Rice-David <Rice-David@monroecounty-fl.gov> Fri, Dec 29, 2023 at 3:21 PIS Fo: Ron Oestreicher<ron.oestreicher@gmail.com> Thanks Ron. Sent from my Pad On Dec 29, 2023, at 1:22 PM, Ron Oestreicher wrote: 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, [Quoted text hidden] 5656 E 0 LO 7E 17 li cn 0 N cyi cy� 0 U cc co C4 C I"d tf) ra tam rd as >'44 ct F� 7E > N m Cc) � R U ej t f up.) C� It rJ to UU p tfa ie d • zt IJ LO P 7-, U tj ct 'El LID tj� 0 IJ 0 �7, wt L) tfj Q rj z tl) 0 cl L) ri 0 ct :5 7� 2 7� _0 In It v 48 U _IZI v > u I= �5 C) > 21 u 0 0 u Q) 2 44 V) UfaA' A A -S oE 0 0 L) 5 E E 2 .14 Im U 'J U > o —Ij ri ram- -- 0) ro 0 00 0 X 0 da v 0 to tz vu v U E E 0 m M .2 uc vcC u > 0 (D U) Cc a. m IZ m 0 C, t! E > r 0 5657 —o -0 cr P, co 3 010 .,' THIS LAND IS MY LAND.THE HOME OF THE FREE.THIS LAND BELONGS TO YOU AND ME, I hope Woody Guthrie will forgive me for my egotistical paraphrasing.This strictly the thoughts of Betty's service human. If you do not know Betty,just walk on East Seaview Drive, she will find you. Bring dog treats.1 am a proud American who believes in being well educated before I voice my opinion and having an open debate on an issue prior to casting my vote. I think those residents who are residents and do business on Duck Key need to have the answers to some of the initial questions to show that they have kept the well-being, safety,convenience, happiness,and obeying the will of the majority so a friendly relationship will continue with our fellow Ducks. Some of my initial thoughts are: Lis this in accordance with the laws, rules, and regulations that we currently live by. If the answer is yes, enclose the statutes that document this. 2.What bearing will this have on traffic if there is a police or fire response?Their access to the properties can not be inhibited by any changes from what is currently in place, including parked vehicles, boats,trailers,fences, landscaping,furniture, swimming pool, patio,or uncontained animal. 3.There needs to be a certified survey diagraming the public land involved and an evaluation of the sale price on Current residential land value. Can the cash transaction be used to decrease the taxes on property paid by current residents?The price should be negotiated and voted on by current Ducks represented by our DKPOA. Payment should be completed on the day the transaction is approved by a vote of all concerned people. A.A complete description of all changes in the size and quality of the property during and when construction is completed must be submitted with the initial request. No new street signs or lighting should be changed.Any violation of this will immediately be resoled by DKPOA and paid for by the new land owner and include a penalty equal to the actual expense of getting the unauthorized changes rectified.A lean on the home and a penalty will be imposed with an interest of twelve percent interest per month until the issues are completed, S.All fees for legal actions concerning any transgressions of what is voted on by DKPOA and BOCC are to be paid for the new owners within thirty days or be increased by a twelve percent interest per month penalty. & If this is too burdensome or takes too long to resolve in the minds of the new property owners,think of the construction of our yet to be completed bridges. 7. If you weigh this OLA and do not want to grow web feet if it floods, don't let your attorneys fees gag You by filling Up Your bill,fly around until you find a better nest. I just wanted to end with a yolk. Living here with a friendly flock of Duck neighbors is wonderful, beautiful, peaceful,safe,and provides us with security.All the Ducks I speak to agree and could not name a better place.The new owners must fit into what the majority value and pay for. If it works,do not have a narcissistic view to being able to say., I came, I bought, I rule, I smoked those Ducks. This is paradise on earth,and this issue is not the end of the world. Give it thought, drop this plan,get on with the reason to have a home here-be happy and enjoy being a Duck like the rest of the flock. Dr.Terry Glasser 5658 What if every street was closed?Inconvenient! Decreased property value! Increased maintenance! increase in undesirable vegetation, increase in illegal use of firearms to prevent explosion of the iguana population who poop on docks, pool decks!! Increased difficulty catching dogs whose owners do not contain them! Increase in humans pooping dogs on private property. Increased road kill. Mile long straight aways for speeding vehicles causing increased danger for pedestrians, dogs on a leash, and bikers. Okay let us give up and move back to New York, New Jersey,and California where we left to bring the dirt,danger,and the deplorables to roam our streets so it will be like the place we left. What would prevent home owners from stealing portions of all streets that boarder our property?Great idea--eliminate all road traffic-just hack your way through everyone's landscaped yard to carry food and booze to your home. Good luck getting to medical care or paying someone to take your worthless home or find your home in the event of an emergency,Why move to a country run by a totalitarian dictator when we can have one here?Mi casa, not su casa. I am pretty good with math but I may be off a little with my off the top of my head calculations. 1 acre is a made-up term that we still use, it is a rectangle that is 66 feet by 660 feet=43,560 square feet.Assume that the average home is built on a lot that is 10,000 square feet=4.5 home sites. About a Y2.mile away is a home is on the market for$6, 500,000, It has 3 vacant lots on East Seaview Dr. considering the home is$1,000 per square foot,that leaves 3 vacant lots valued at$3, 250,000. +/- $1.000,000 per lot. 3 lots, 10,000 square feet each,are That means the sale of the street and the turn around sac which is 25 x 200=$500,000� 1 bet that most of us are generous people. 1,for one, am not that generous to greedy strangers who are wealthier than I am. If this seems rude, I think the request is what is rude. 5659 Aguila-lize From: Ron Oestrecherxron.oestveicher@gmaiicVm` Sent: Friday,January 5i2O243:G6PK4 To: BO[CD|St Cates-Craig; 8DC[DIS2; 8OCCD|S3; B]CI0SS; Lamarche-Tamara Subject: Dr Terry Glasser Opposition Letter to Road Abandonment Application Attachments: Dr Terry Glasser Opposition Let er.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 � 5660 THIS LAND IS MY LAND.THE HOME OF THE FREE.THIS LAND BELONGS TO YOU AND ME. I hope Woody Guthrie will forgive me for my egotistical paraphrasing.This strictly the thoughts of Betty's service human. If you do not know Betty,just walk on East Seaview Drive,she will find you.Bring dog treats.l am a proud American who believes in being well educated before I voice my opinion and having an open debate on an issue prior to casting my vote.I think those residents who are residents and do business on Duck Key need to have the answers to some of the initial questions to show that they have kept the well-being,safety,convenience,happiness,and obeying the will of the majority so a friendly relationship will continue with our fellow Ducks.Some of my initial thoughts are: 1,15 this in accordance with the laws, rules,and regulations that we currently live by. If the answer is yes, enclose the statutes that document this. 2.What bearing will this have on traffic if there is a police or fire response?Their access to the properties can not be inhibited by any changes from what is currently in place,including parked vehicles,boats,trailers,.fences,landscaping,furniture,swimming pool,patio,or uncontained animal. 3.There needs to be a certified survey diagraming the public land involved and an evaluation of the sale price on current residential land value.Can the cash transaction be used to decrease the taxes on property paid by current residents?The price should be negotiated and voted on by current Ducks represented by our DKPOA. Payment should be completed on the day the transaction is approved by a vote of all concerned people. 4.A complete description of all changes in the size and quality of the property during and when construction is completed must be.submitted with the initial request.No new street signs or lighting .should be changed.Any violation of this will immediately be resoled by DKPOA and paid for by the new land owner and include a penalty equal to the actual expense of getting the unauthorized changes rectified.A lean on the home and a penalty will be imposed with an interest of twelve percent interest per month until the issues are completed. 5.All fees for legal actions concerning any transgressions of what is voted on by DKPOA and BOCC are to be paid for the new owners within thirty days or be increased by a twelve percent interest per month penalty. b.if this is too burdensome or takes too long to resolve in the minds of the new property owners,think of the construction of our yet to be completed bridges 7.if you weigh this out and do not want to grow web feet if it floods, don't let your attorney's fees gag you by filling up your bill,fly around until you find a better nest. I just wanted to end with a yolk.Living here with a friendly flock of Duck neighbors is wonderful,beautiful,peaceful,safe,and provides us with security.All the Ducks I speak to agree and could not name a better place.The new owners must fit into what the majority value and pay for.If it works,do not have a narcissistic view to being able to say:I came,I bought, I rule,1 smoked those Ducks. This is paradise on earth,and this issue is not the end of the world.Give it thought,drop this plan,get on with the reason to have a home here-be happy and enjoy being a Duck like the rest of the flock. Dr.Terry Glasser 5661 What if every street was closed?Inconvenient! Decreased property value! Increased maintenance! Increase in undesirable vegetation.Increase in illegal use of firearms.to prevent explosion of the iguana population who poop on docks, pool deckslll Increased difficulty catching dogs whose owners do not contain them! Increase in humans pooping dogs on private property. Increased road kill. Mile long straight aways for speeding vehicles causing increased danger for pedestrians,dogs on a leash,and bikers.Okay let us give up and move back to New York, New Jersey,and California where we left to bring the dirt,danger,and the deplorables to roam our streets so it will be like the place we left. What would prevent home owners from stealing portions of all streets that boarder our property Great idea—eliminate all road traffic-just hack your way through everyone's landscaped yard to carry food and booze to your home.Good luck getting to medical care or paying someone to take your worthless home or find your home in the event of an emergency.Why move to a country run by a totalitarian dictator when we can have one here?Mi casa,not su casa. I am pretty good with math but I may be off a little with my off the top of my head calculations. 1 acre is a made-up term that we still use,it is a rectangle that is 66 feet by 660 feet=43,560 square feet.Assume that the average home is built on a lot that is 10,000 square feet=4.5 home sites.About a mile away is a home is on the market for$6,500,000. It has 3 vacant lots on East Seaview Dr. considering the home is-$1j000_per.square foot;that leaves 3 vacant lots valued at$3,250,000. $1.000,000.per lot.3 lots, 10,000 square feet each,are.That means the sale of the street and the turn around sac which is 25 x 200=$500,000. 1 bet that most of us are generous people. 1,for one,am not that generous to greedy strangers who are wealthier than I am. If this seems rude,I think the request is what is rude. 5662 Aguila-Ilze 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/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 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. 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 Phone 1 5663 Aguila-lize From: Diana Weber <dtopping11@aoicom> Sent: Saturday, December 3I2O232:32PK4 To: BO[[D|S3; Nce-Davic[ 8O[CD|S2; BO[[D|S5; Cates-Craig Subject Duck Key Private road 0 You don't often get email from dtopping116Daoicom. � 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 tn privatize a road in Duck Key. The road in question is K4e|a|euca 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 emai|ed 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! DianaToppin8'VVeber z 5664 Aquila-lize Fwmnn: Laurie Oeo vaicher <|auhecestneicher@gmaiicom> Sent Friday, December29' 3023 1:01 PM To: Rice-David; Cates-Craig; BO[CD|S3; BO[[D|55; BO[[D|S2 Subject: Duck Key Privatize K4e|a|euca Street Road Issue � Some people who received this message don't u�enget email hnmfmurie»esieiche��maUzom� � 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, Asa resident nfDuck Key | am ennaiUngyou all to tell you | arn very concerned about on 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 toa few landowners. | hope you will consider my views, thank you for your time and consideration in advance. baurieOoxtreicher 318 Fern Street Dick Key, FL33O50 _ LauheUesineicher "Life isGod's gift tuyou; what you do with hin your gift toGnd." 5665 Aquila-11ze From: LAURA SINGLETON <joenlaura@comcast.net> Sent: Thursday, December 28, 2023 7:56 PIVI 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._L.e.a.rTi_.w.h.yJ.hJ,s is.illnpg�J,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/horneowners 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 5666 Aquila-Ilze 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 ] 90. 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 1 5667 Aguilla-11ze From: Ron Oestreicher <ron.oestreicher@gmail.com> Sent: Saturday, January 6, 2024 12:56 PM To: BC)CCDlS4; Lamarche-Tamara; Cates-Craig; BC)CCDlS3; BC)CCDlS5; BC)CCDlS2 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<i-ori,oestre.iche,-C(.PL:,!Iii 'r 1iJ&.oiM> Date: Sat,Jan 6, 2024 at 12:53 PM Subject: Another road Abandonment Thank you for your support To: <staci,.sLol<es_rq�r�l),L�!.c �l.!IL!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, Stacii Stokes <stag'L st"okes @ cc)'�iic-ast.'ne' > Date, Thu, Jan , 2024 at 2:19 PM M. Subject: RE Another Road Abandonment Application Filed for Melaleuca Street Need your help to STOP To: DKPOA <dkresident@_g�L1q- H,corn> Thanks for letting us know this and making it easier to email all of thern, 4 people said they received my letter. It Is attached if you want to read. Staci 5668 January 3,2024 Stan and Staci Stokes 164 Indies Drive South, Duck Key Dear Board of County Commissioners: We have been homeowners on Duck Key since 1999. I-am flabbergasted that a public road is being considered to be made private.That being said we would like to adamantly oppose such an action by BOCC. It is wrong on so many levels.Thank you for hearing us. On another note that we feel needs to be pointed out.We live for most of the year in a resort town in Colorado, our hope is to be full time in a couple of years in the keys. Our BOCC and town councils made the decision about 15 years ago to begin selling out to the entitled. We are now extremely over developed,.we cannot get employees, have a serious lack of affordable housing, and infrastructure is. 'failing.Sound familiar?It will'only get worse for Marathon;already the.fishing is suffering,why do mention that? Because.-the bookings where is live are now 30.0%down. People are beginning to leave and not visit anymore but the building continues we have sinkholes and broken mains, not fun. PLEASE PLEASE don't do this kind of thing to Marathon. Please preserve our Keys.The.entitled folk don't give a crap about what happens as long as they get what they want. Part of the reason people don't want to work is the quality of people they have to work for,the entitled can be brutal. Please don't feed the beast! Sincerely,Stan and Sta.ci P.S. Feel free to contact me if you want any more insight or information. 5669 Aguila-lize 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 <rfshema ninvestrn � ts�Fj U L_2gL . r efl- .�fln Date: Sun,Jan 14, 2024 at 1:08 PM Subject: Opposition to Road Privatizations in Duck Key To: Rice-David <ri e day 1LI(uIajqr]Egc�s�4ntyfly, > Cc: <bo(' <b0.c.('d_is -cd:rnonroecount JLI�,py>, <b cdis3,i E�L��Ipg <bocc i 5 roecount �,L '2y> 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 5670 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 z 5671 Aquila-lize From: Ron Oestreicher <non.oes neicher@gmaiicom^ Sent: Sunday, January 7, 20240:54AK4 To: Lamarche-Tamara Subject: Fwd: Opposition tn the Privatization ofK4e|a|euca 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 ----- Fnmm: ]osieVidal Date: Sun,Jan 7, ZOJ4at9/4ZAM Subject: Fwd: Opposition to the Privatization of Melaleuca Street in Duck Key To: Ron OSstreicher< > Hereynugn— SentfrnnnmyiPhone Begin forwarded message: From:}osieVidal � Date:January 5, 2024at4:39:15 PM EST To: Subject: Fxvd: Opposition tu the Privatization mfpNe|o|euca Street inDuck Key Sent from nyiPad Begin forwarded message: From:JosieVidal Date:January Si2O24at4:35:21P&4EST To: rice-da\JdL0r1L Subject: Opposition tp the Privatization ofK4e|a|euca Street in Duck Key Good AfernoonCommissioners� HapAy0evvYear! | amvvritinQyoutc)daybecawseithascome1omyattenDonthatI wohomemvvnerson Uuc� Key haxe app|ied to "'privatize" Mela|euca Gtneet in front of their hone, Asa resident ofQu(k Key and a Board K4em)erof the Duch Key Property Owners &ssodadon, | amopposedto request 5672 0 It is profoundly unfair for homeowners to try tm 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. w 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 ofunisnot appropriate. ^ |t hurts visitors to Hawks Cay, one of the largest *revenue-and tax-producing entities in the Keys, bv disallowing visitors fronn vievvingtheocean from various locations around the island. w it harms all the residents of Duck Key by not allowing us to visit different parts uf the island and view the ocean on roads for which we 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 nu obligation to maintain it, |f the privatized 5eaQrape Street situation isany indication of what might happen, we will see a significant deterioration of the quality nf the road,which isa negative for nearby homeowners. * |t potentially harms the neighbors adjacent toorneartheabandonedpartof the road. Instead ofusing the cu|'de'sac turn around, drivers will be forced to ` use these neighbor's drivewmys How can that be fair?Also, how will fire trucks, garbage trucks, etc. be able tu turn around without acul-de-sao? ` Thank you for consideration in this matter, and all you do to protect the Florida Keys, \ our slice ofparadise. Sincecek\ ]oxieVlda| 954'881-1725 . , 110N. Indies Drive, Duck Key, FL3805O ' Sent from nyiPhnne ` - , - ' - - . . 2 5673 Aquila-11ze From: Ron Oestreicher <nzn.oetreicher@gmaiicom> Sent: Sunday, January 7, 2O2411:SSAK4 To: BU[[D1S4; [ates[raig; BO[[D|S2; B{)[CD1S3; BO[[D|S5; Lamarche-Tamara Subject: Rwd: Privatization nf[u| De Sac Duck Key Application � � CAUTION Commissioners This is another resident's email that was only sent tu Michelle so | am forwarding to all so it isonthe county record. Ron Oestneicher PresidentUKPOA ----- Forwarded message ----- Frnmn:April Valdes Date: Sun,Jan 7, 2O24at11:124KA Subject: Rwd: Privatization ofCu/ De Sac Duck Key Application To: Ron [)estneiche[ ~ April A. Valdes Florida Tree Farms, Inc. Offioe ]O5-Z3U'1911 Physical address: 112OOSVV3U4St. Homestead, F|. ]3O33 Mailing address: O1S North Homestead blvd.#5O1 Homestead, Fi33O0O ---------- Forwarded message ------ F/om:April Valdes Date: Sat,Jan 6, 2D24atG:3SPK4 Subject: Re: Privatization ofCu| De Sac Duck Key Application To: Lincoln-Michelle Thank you for your response. On Sat,Jan 6, 2024at2:35 PM Lincoln-Michelle wrote: 4ph[ Thank you for sharing your thoughts with me regarding the road abandonment in your neighborhood. | understand your concerns. Michelle Lincoln Monroe County Commissioner District Ke (Office) (Cell Phone) PLEASE NOTE: FLORIDA HAS 4 VERY BROAD RECORDS LAW MOST WRITTEN COMMUNICATIONS 0OR FROM THE COUNTY REGARDING COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAYBE SUBJECT 7D PUBLIC DISCLOSURE, On Jan 4, 2024, at 1:06 PM, April Valdes >vvr0te: � Some people who received this message don't often get emai|from m 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. Tu Whom it may concern, | ama resident and property owner of2 properties on Duck C|ub Island) and Z18 Schooner Lane. My husband Ernest Valdes and | 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 ofresidents, 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. Office3O5-23O'ly1I Physical address: 11200 SW 304 St, Mailing address: Q15 North Homestead blvd.#GO1 Homestead, R. 33030 2 Aguilla-11ze ' From: Ron Oesveicher /ronoetneicher@gmai|znm> Sent: Monday, January E, 20249:47AK4 To: Lamarche-Tamara Subject: Pwd: 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 beon your list ----- Forwarded message ----' From: K4e|onyJacksmn < � Date: Sun,Jan 7, 2U24at6:2lPK4 Subject: Re: Privatization of public roads! To: Ron Oestneicher« > MBlOOVj8OkSOO F[0FD: To:RiQe-[]aVid' . L�i TU8. j8D 2 at 10:16 PM I 3Rl totally against privatization Of GDV of the pUb|iC roads in [}UCk K8V||| I am sure we VVOUld all like FREE Land given to uSad the tax payers eXp8O88| NO|N0|NO| Thank you, M8lDDyj@CksOO 320 E. SeaVi8VVDr. Duck KeV' Fl 936-718-2700 1GeDt all under the same email [)o I need t0 send separately? Dn Sunday, January 7, 2O24a118:17,31AK4 EST, Ron C}estreicher< >wrote: Me|ony Would you mind sending mea copy of the email you sent to the B[)CC? Their tracking wfemei|a received does not show that your email was ever received. | will make sure it get into the county records Ron [}eotreioher {)o Wed, Jan 3' 2O24at9:5GAM Ron (}eotneicher wrote: Thank you very much.appreoio1e your support and Terry'ssupport Ron (]nTue' Jan 2' 2O24Gd1O:2@P&4Me|nnyJackson > wrote: l 5676 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! F Have a great night! Melony Jackson 2 5677 Aguila-lize From: she|donevans@ao|.cVm ` Sent: Sunday,January 7. 2O242:34PK4 To: B0C[D|S4 Subject: Fwd: Rejection ufProposed Closure Ma|a|eucaCu| Oe Sac Duck Key Florida Attachments: Sheldon Ellen SCAN Letter 8O[C oppose K4n|o|euca Cu) DeSacpdf; 3HELDON EVANS AND ELLEN RDuck Key[u| de Sac Closing -2nd.pdf 0 Some people who received this message don't often get email from sheldonevans@aol,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. FK}Al: Gh8ldOOeV@DS@2Ol.CO[D TO: bOCCdiS2@[OOnn]eOOUOtv-fl.gOy Sent: 1/7/20242:29:40 PM Eastern Standard Time Subject: FVVd: Rejection of Proposed Closure M@l8l8UO@CUl [)e Sac Duck Key Florida To BD{|(| Member District 4: | forward herewith same correspondence sent tn other BOCCmembers FK}FO: To: Sent: 1/7/2024 1:44:19 PM Eastern Standard Time Subject: Rejection of Proposed CiOGUPe MGl2leUC2 CUl [l8 Sac []UCk Key Florida Monroe County Board of County Commissioners: January 7. 2O24 To Commissioners: Attached pu will find a letter for your consideration in determination ofthe REJECTION of the pending petition of proposed closure and abandonment ofK4a|a|euoe Street on Yacht Club Island, Duck Key. You will kindly note that there iaa major, forceful and majority voice cf objecting property owners on Duck Koy.to the petition by Bestow Group/Charles & Kristen Currier. After you read our attached letter please add our names and voices to those adamantly opposed to closure cfMa|a|euoa Street Cu| de Sac. Sheldon and Ellen Evans. 342 East SeaviemDrive | � Duck Key Florida, 3305O � 5678 SHEELDON EVANS AND ELLEN R. EVANS 342 East Seaview Drive Duck Key,Florida 33.050 January 1, 2024 TO: Board of County Commissioners Email: rice-dayid(pionroecoia�a ov boccdis I 6onroecojint -fl.gov beccdis2 ,na01tr0ec0L1_]a1y-fI.Q0Q0V bocedis3 @,nronroec;otmty-fl.Qov bocccti.s4l rnortroecci�grty-t7.�ov Re: -Proposed Application by Bestow Group/Charles/Kristen-Brenner Currier Property reference Malalcuca.Street Duck Key Respected Commissioners: We are jomt owners of 342 East.SeaviOW Drive,Duck Key,Florida 33050 and have held title to our residence at said address for thirty=six years continuously,which entitles us to some modest accolades as-dedicated,respected and clearly long time neighbors. Our involvement in the beautiful and unique community of Duck Key and its enhancement of historical charm,native landscape and defining road ways including travel access to the series of cul de sac areas makes the island particularl y� y important and we should say,geographically and architecturally refined and singularly significant to those of us who hold our Keys environment worthy of preservation. Yacht Club Island is frankly prestigious for a variety of reasons but certainly among these is the fact that our Yacht Club streets and adjacent cul de sacs modify the usual road and lots which are more typically found on Monroe County straight lin e h��asing Traps, Those of us who tape such pride in ownership place tremendous value on maintaining the current use and pedestrian and vehicular access to cul de sac areas carved i into and around our island homes.It is candid to admit that property value on Yacht Club Islandis(.and always has been)increased because of the free access to cui de sac areas. { 5679 ` Page 2 Opposition Letter Neighbors of ours on Yacht Club Island as well as Duck Key Property owners Association members are aware of the bold and unsolicited recent request made by The Bestow Group/Charles and Kristen Currier to privatize Malaleuca Street on Yacht Club Island. We are adamantly opposed to this. This constitutes a plainly selfish attempt by that Group and Currier individuals to prioritize their own property hoping thereby the super value their land but solely to the total exclusion of the greatest number of us as home owners. This exclusivity which the petitioners seek is wrong among other things, it constitutes the equivalent of a form of attempted taking our community property without care,concern for and parenthetically without what would clearly be multi-millions of dollars of very substantial compensation to the rest of us. That is not to imply that the Malaleuca cul de sac area is "For Sale"to these petitioners; it is not. Nor frankly, should our Monroe County Government . encourage such bold and selfish attempt,and should not approve such attempt nor allow a dangerous substitution of responsibility for road maintenance, flood control, fire and reduced emergency service access whether vehicular or helicopter rescue. To the above listed.addressees, as our elected officials,we rely upon the power and intelligent discretion you hold on our behalf in order to DEFY the pending request for privatization of Maleluca Street: This letter has been read and contents approved and is joined in by our adjoining property owners and neighbors, John Paglia,Jill Paglia and Paglia Property Investments. We jointly submit this letter to the Commission to seek REJECTION. Thanking you in advance for your consideration of our urgent communication. Sheldon Evans, Esq. Ellen Evans John Paglia 344 E.Seavieiv Dr. Jill Paglia 344 E. Seaview Dr. Paglia Property Investments 344 E. Seaview Dr. 5680 SHELDON EVANS AND ELLEN R. EVANS 342 East Seaview Drive Duck Key, Florida 33050 January 1, 2024 TO:Board of County Commissioners Email: rice-david cr monroecountgov boccdisI nmonroecounty-fl.gov bocedis2(a�monroecount gov boccdis3(c�monroecounty-fl.gov boecdis4 cr nonroecounty-fl.gov Re: Proposed Application by Bestow Group/Charles/Kristen Brenner Currier Property reference Malaleuca Street Duck Key Respected Commissioners: We are joint owners of 342 East Seaview Drive, Duck Key, Florida 33050 and have held title to our residence at said address for thirty-six years continuously, which entitles us to some modest accolades as dedicated,respected and.clearly long time neighbors. Our involvement in the beautiful and unique community of DuckKey and its enhancement of historical charm, native landscape and defining road ways including travel access to the series of cul de sac areas makes the island particularly important and we should say, geographically and architecturally refined and singularly significant to those of us who hold our Keys environment worthy of preservation. Yacht Club Island is frankly prestigious for a variety of reasons but certainly among those is the fact that our Yacht Club streets and adjacent cul de sacs modify the usual road and lots which are more typically found on Monroe County straight line housing maps. Those of us who take such pride in ownership place tremendous.value on maintaining the current use and pedestrian and vehicular access to cul de sac areas carved into and around our island homes. It is candid to admit that property value on Yacht Club Island is (and always has been) increased because of the.free access to cul de sac areas. 5681 Page 2 Opposition Letter Neighbors of ours on Yacht Club Island as well as Duck Key Property Owners Association members are aware of the bold and unsolicited recent request made by The Bestow Group/Charles and Kristen Currier to privatize Malaleuca Street on Yacht Club Island. We are adamantly opposed to this. This constitutes a plainly selfish attempt by that Group and Currier individuals to prioritize their own property hoping thereby the super value their land but solely to the total exclusion of the greatest number of us as home owners. This exclusivity which the petitioners seek is wrong among other things, it constitutes the equivalent of a form of attempted taking our community property without care, concern for and parenthetically without what would clearly be multi-millions of dollars of very substantial compensation to the rest of us. That is not to imply that the Malaleuca cul de sac area is"For Sale"to these petitioners; it is not.Nor frankly, should our Monroe.County Government encourage such bold and selfish attempt, and should not approve such attempt nor allow_ a dangerous substitution of responsibility for road maintenance, flood control, fire and reduced emergency service access whether vehicular or helicopter rescue. To the above listed addressees, as our elected officials, we rely upon the power and intelligent discretion you hold on our behalf in order to DENY the pending request for privatization of Maleluca Street. This letter has been read and contents approved and is joined in by our adjoining property owners and neighbors, John Paglia, Jill Paglia and Paglia Property Investments. We jointly submit this letter to.the Commission to seek REJECTION. Thanking you in advance for your consideration of our urgent communication. Sheldon Evans, Esq. Ellen Evans John Paglia 344 E.Seaview.Dr. Jill Paglia 344 E. Seaview Dr. Paglia Property Investments 344 E. Seaview Dr. 5682 Aguila-lize 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: lem314@4pSLI LqM<�ern314_@qg�,�qgl> ...............Date: Mon,Jan 1, 2024 at 10:08 PM Subject: Re: Road Abandonment application opposition support To: Ron Oestreicher<mn.oestr6.che,r EMg.iLcom> 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 5683 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 tir-ne, 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<wn 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 5684 Aquila-lize From: Ron Des neicher /vonoestreicher@gmmi|/om> Sent: Friday, January 5i20242:26PK4 To: BO[Z0S4; Lamarche-Tamana; Cates-Craig; 8OCC0S2; 8O[C0S3; @OC[O|S5 Subject: Fwd: Road Privatization on Duck Key CAUTION:This email originated from outside ofthe 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 BOCCsoitisrecorded ----- Forvvardedmeooage ----- From:jarne$BichneU Date: Fri,Jan G, 2024at 1:00 PM Subject: Road Privatization on Duck Key To: Rice-David <r�cedayi,df Hello Mr. Rice, Our family has had a home on Duck Key since 1989. We have seen many changes over the years. The privatization ofthe 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 ofupkeep, it is currently used as storage space fora 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. VVe certainly don't need anymore of those. | 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 onthe island itis only a matter nf time till every cu|desac owner will apply todothe same thing. | have discussed with Kristen Brenner her rationale for wanting Lo privatize K8e|a|euco street. Her reasons included: l. More privacy and safety. | believe the Brenner home has been on Duck Key since before our family purchased our home on Duck Key in 1981 / am unaware of any crime problem or safety issue on yacht club island that would justify the sale of this public road. 3. 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 Me|a|euca 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, ]amesS. Bicknell |V DKPOA Board Member 1 5685 248 WestM: eavi(-,�w Dri e k.N r7m wrkc�,r 119 @ L iI.cL) (989)751-8215 2 5686 Aquila-lizx� From: Ron Oestrecher <ron.oestveicher@>gmai|zom> Sent: Sunday,January 7' 2O2411:4AAK4 To: BOC[D|S4; BO[[D|S2; Lamarche-Tamara; Cates-Craig; BO[CD|S3; 8OC[0S5 Subject: Fwd: taking control of street induck 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 ashe only submitted to one commissioner a\first. Thonkyou RonUes<reicher President DKPOA ----- Fonmondedmessage----- Fnmm: U]U|SKAQRRELL Date: Sun,Jan 7, 2O24at10:44AM Subject: Fwd: taking control of street in duck To: rnnoeskeicher< � Sent from myiPhone Begin forwarded message: From: U]U|SK4[)RRELL< Date:January 2, 2O24at6:19:34AK4EST To: Subject:taking control mf street induck 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 tn take over acu|desackin duck key. i strongly oppose it. this is nothing more than pure greed thank you |ouismorreU � 5687 Aguila-Ilze 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/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. Mr David Rice,once again I feel compete 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 5688 Aguila-Ilze 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/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 Commissioner Rice. am strongly opposed to the idea of privatization of Melaleuca St. Thank you. Susan Williamson Sent from my iPad 1 5689 -Aguila-Ilze From: Doug Pfeffer <dougpfefferl @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/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. 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 5690 Aquila-lize From: Robert Wittman <bob n@gmai|zom> Sent: Friday, December29, 2023 7:48 4K4 To: Rice-David; BOCC0S5; 8O[[D|S3 Subject: K4e|a|euca Street on 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. | am opposed to the privatization of private roads on Duck Key. | 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 43G Harbour Drive Duck Key Sent from myVerizon, Samsung Galaxy smar1phone Get Outlook fw Android 1 5691 Aquila-lize From: Rob Komahens <Rob00 advanced roof ngzom> Sent: Friday, December29. 2023 10:33 AM To: Rice-David; Cates-Craig; BO[[D|S3; 8O[CD|S5; BOCCD|S2 Subject: K4e|o|euca Street on Yacht Club Island � Some people who received this message don't often get email from robk@advanced roof ing.com. 0 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. | own lots 143 and 145 OD |OdiHS O[iV8 On Duck Key. P(HG8e accept this email as ODDO8idOn against privatizing the public road [efe[eOC8U above. Thank you, Vnboornahnens President 1950NVV22n6St I Fort Lauderdale,FL 33312 office 954'522-68G8x1O21I fax g54-56G-29671 personal fax 954-7]3-2288 � *This email and any attachments thereto may contain private, confidential, and privileged moberio/for the sole use «f the intended recipient. ADyr8view( copyingOr distribution «f the email(or any attachment thereto) by others b strictly prohibited. If you ore not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto. � 5692 Aquila-lize From: manquesas07 <manluesas07@gmai|zom> Sent: Thursday, December28L 2023 8/15 PM To: Rice-David; K4anqueses07@gmmi|zom Subject: Object tothe Privatizing K4e|a|euca Street on Yacht Club Island 101 � You don't often get email 6nmmarquesasO7@gmaiicom. 0 CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not dick links or � open attachments you were not expecting. I object tVthe Privatizing Mda|euca Street on Yacht Club Island where the application was filed December4, 2023 by The Bestow Gnoup/Charles and Kristen Currier. John Ambrosio Owner of2I2VV. SeaviewCircle Duck Key, FL33050 Sent via the.Samsung Ba|axySlO^an4J&TSGEvo|Lit ion cap ablesmartphone 1 5693 Aguila-lize From: Charlene Ruotxcpruot@ao|zomp Sent: Friday, December 29. 20231:12PM To: Rice-David Subject: Objection � You don't often get email from cpmr¢@auicum, � 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 iothe privatization ofmdo|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 iiisaneyesore. Thankyou Terry&Charlene Ruot 314 East SeaviewCircle 315 East SeavievvCircle 316 East SeaviewCircle 39O East SeoviewDrive Duck Key, FL39O5O Aguila-lize From: Ron Destreicher <ronoestreicher@gmai|zom> Sent: Saturday,January fi2O242i)6PK4 To: BO[[D|S4; Lamarche-Tamara; Cates-Craig; BU[[0S3; BUC[0S5; BDCCD|S2 Subject: Opposing Road Abandonment Letter Bill and Mary Murphy Attachments: Bill and Mary Murphy OpposionLetter.pdf CAUTION:This email originated from outside of the County. Whether you know the sender or not, dV 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 RonOestneicher President DKPOA z 5695 David Rice and all Monroe Commissioners, As you may be aware there has been another Road Abandonment application filed December 4, 2023 on Duck Key that 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 KeyH 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 as have many of my neighbors and 1 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 Crain's 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 Bill and Mary Murphy Resident at 358 E Seaview Drive Duck Key PI., 33050 Aquila-lize From: DKPOA <dkresident@gmail.com> Sent: Friday, December 29, 2023 11:15 AM To: Rice-David; Cates-Craig; BOCCDIS2; BOCCDIS3; BOCCDIS5 Subject: Opposition Email from Peter Theodore 227 W Seaview Dr Duck Key Some people who received this message don't often get email from dkresident@gmaii.com. L"arn.why.,ttjos is i qloltgnt. R, 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 of a public road (Melaleuca Street on Yacht Club Island, Duck Key) we Strongly Oppose this proposal, and we would like our opposition read into the records regarding this matter. Peter Theodore Registered Architect and Planner Florida NCARB 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 is special and the ability to traverse the island unencumbered remains a vital part of its character.Privatizing roads and gating off the residents from certain parts of the island from a 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 long term gains or consequences. I also ask if its in keeping with the creators planning strategies set in motion going back to the islands founding, -This will serve a select few residents creating a dead end street. -This is out of character with other residential streets on the islands -This may set the tone for other cul-de-sac fronting owners to request 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 we have tried to put emotions aside and be objective in 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 with little to no universal approval, I pause and question why that is. I 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 Architect-Planner NCARB 5697 Aquila-lize From: Stephanie O'Sullivan <sos@einonix.com> Sent: Friday, December29, 2023 10:01 AM To: Rice-David Subject: Opposition to Proposed Road Abandonment on Duck Key � You don't often get email from »ns@eimnix.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. As a Monroe County resident, | 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 26O West SeavievvDrive Duck Key, FL, 33050 1 5698 Aguila-lize 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. Learr w_by jhisjsjmpg�L 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 area in complete agreement with the unanimous opinion of the Duck Key Property Owner's Association in opposing this particular road abandonment. I wori'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 cur-rent 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 5699 Aquila-Ilze 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 [Some people who received this message don't often get email from scharffwj@gmail.com. Learn why this is important at 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. 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 . I 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 attach ments.and/or documents linked to this email, are intended for the addressee and may contain information that is privileged, confidential, proprietary, or otherwise protected by 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: i 5700 Aquila-lize 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_jk-is 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. Sent from my iPad So 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 5701 Duck Key, Florida 33050 z 5702 Aquila-lize From: KAREN WHITE <kmkmwhhe@an|zom> Sent: Friday, December 2Q, 28238:1OAK4 To: Rice-David Cc: Cates-Craig; BO[C052; BO[[D|S3; @OCZD|S5 Subject: Privatization ofK4e|a|euca St on Duck Key 0 You don't often get email from kmkmwhite@aoicom. 0 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 commissioners, We are writing toyou today to oppose the privatization nfK4e|a|euca 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 � 5703 Aguila-lize From: Deborah Simone <momsinxone@attnet> Sent: Friday, December 29, 20233:O8PK8 To: Rice-David; Cates-Craig; BO[CD|53; BO[[D|S5; BOCC0S2 Subject: Privatization ofK4e|a|euco Street, Duck Key, FL � You don't often get email from momsimone@ottnet. � 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. VVe are full time residents on Duck Key. VVedo not want our streets tobe "phva&e" as they are not taken care nf and limit access around our community. We pay our taxes and PUA dues to maintain our beautiful neighborhood. Please do not allow privatization of any of our roads. Sincens|y. Stephen and Debbie Simone 248VVest SeaviewCim|a Duck Key, FL 33050 ° 1 5704 Aquila-lize From: kmn@kevshomehunterzom Sent: Friday, December 35\ ZO23EL36AM To: Rice-David Subject: Privatization of street n Duck Key 0 Youdon^tmften0etemai|fmm |ynn@>keyshomehuoter.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. 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. LynnB. Lucas, P.4. Berkshire Hathaway HornaSeru!ces Keys Real Estate -cd| 305-743-7636- Ext. 207 office Stay in the know with my monthly newsletter 5705 Aguila-lize From: Gayle <maimoduckyl@cs.com> Sent: Friday, December 29, 2023 12:55 PM To: Rice-David Cc: Eddie Maimo Subject: privatizing Melaleuca street on Duck Key a You don't often get email from maimoduckyl@CS.COrn,1.,,el irl goant 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. My husband Eddie and I are full time residents on Duck Key and we both are opposed to road privatization Melalleuca Street off West Se view Drive where we live, (along with lots of other Duck Key residents and especially since we live on Yacht club island and have no ocean view. Hoping this strong response helped ensure the privatization will continue to be rejected by the Commissioners. DKPOA's position is that road privatization limits residents' freedom of movernent on the Island and access to ocean views, that it damages the uniformity of our corrirnUnity, that it can create areas that lack proper maintenance, and that it is fundamentally unfair to all when the county freely transfers valuable and taxpayer-supported land to a few landowners. Moreover, privatizing Melaleuca Street will create a problem for nearby homeowners as cars may be turning around using their driveways when they reach the blocked roadway. Gayle and Eddie Mairno 5706 ^ Aquila-lize From: Todd Curtis <tcurtis6@rochestecnzom> Sent: Thursday, December 28, 2D235:38PK4 To: Rice-David Subject: Privatizing K4e|a|euca Street on Yacht Club Island � You don't often get email from tcurtis6@mchester.rccom. Learn why -6sjs in)J,!gLtqrLt 0 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 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 toa few landowners. We are tired of the very wealthy thinking that they can buy everything including public roads paid for by tax payers. Thankvou—.Todd, Laura and Patricia Curtis Sent from Mail for Windows 5707 Aguila-Ilze From: DONNA KIRCHNER <rozdon@aol.com> Sent: Thursday, December 28, 2023 5:57 PM To: Rice-David Subject: Privatizing Roads on Duck Key [You don't often get email from rozdon@aol.com. Learn why this is important at https:Haka.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. Mr. Rice, 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 t 1 5708 Aguila-lize From: John lqohnsc1@gmai|/om> Sent: Friday, December 29, 2023 8:51 AM To: Rice-David; Cates-Craig; B{}CCD|S3; BOCCD|SS; 8OC[0S2 Cc: RonDetneichpr Subject: Re: Road abandonment K4e|a|eucaSton Duck Key CAUTION:This email originated from outside ofthe County.Whether you know the sender or not, do not click links or � open attachments you were not expecting. Apologies, | meant to sign with my full name. Best regards, John Schwarz. On Thu, Dec 28, 2OZ3, 19:38 John S. 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 9years. 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 inmy 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. | would appreciate it, as | believe would the vast majority ofDuck 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 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. 5709 Aguila-lize From: Mark |ehmon <nti|ehmanVDgmai|zom> Sent: Friday, December 25\ 2O238:]qAK4 To: Rice-David Subject: Right of way abandonment file 2O23'286 � You don't often get email from mtj|ehman@gmaiicum. � CAUTION:This email originated from outside of the County. Whether you know the sender or not, do not click links or 0 open attachments you were not expecting. � 5710 � .8 * 29 20237286 File - F*le #4t 2023w286 Ownees Charles -SMI v tS* Agen-, Barto WIN Jess NIS �J.acob Cv, -P "th Ha ' 2 5711 Dear commissioner, As a resident of Duck Key, mny wife Jnsefina and myself are vehemently opposed the above referenced application! As residents we have all witnessed one ofthese streets abandoned which has restricted movement throughout our community! Please deny this application! Mark and]ose5naLehman K4obi|e7O3-969-1624 HomeG70-g34'22D9 5712 Aquila-lize From: Ron Oestreicher <ron.oestreicher@gmail.com> Sent: Thursday, December 28, 2023 319 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 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. 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 5713 President DKPOA Resident at 318 Fern St. Duck Key, FI. 33050 z 5714 Aguila-lize From: ]ANNJEHLf\NDERS0N `]/oehlanderson@out|ook.com> Sent: Saturday, December3O, 2023 1:48 PM To: Rice-David; Cates-Craig; BO[[0S3; 8OCL056; BD[[052 Subject Road Abandonment Concerns Mda|euoa Street Duck Key � Some people who received this message don't often get email from jmeh!andeoon@oudookzum. � 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: Thank you for all you dotm make the Keys a better place iolive. | 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-plusyear resident of this key, | have a strong objection to anyone who wants to privatize something that belongs to the County and has been paid for by a//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. * |twou|dhmrmihe "cuhuneandcpheoiveness" oftheidandbyse1tingupan "usversusthem" environment. Duck Key is known for its congenial style. Having certain homeowners try to take advantage of the majority ofusis 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. m 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 SeaDrape 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 cul- de-sac turn around, 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 toturn around without cul-de-sac? | ama member uf the Board of the Duck Key Property Owners Association. 4s you may know, the entire Board unanimously voted 10 oppose all privatization of any street un Duck Key. Thank you for your consideration of this matter. Suffice tu say, itis something about which | (and many other residents/taxpayers ) have lot ofpassion. Sincerely, z 5715 Janice M. Roehl-Anderaon IO2 Bimini Drive—Duck Key Janice K8. Roeh|`Anderuon CeU: 1-3O3-D8G-8700 Email: 2 Aguila-lize From: William Tanis <btanis@verizoonet> Sent: Saturday, December]O' 2O232:15PK4 To: Rice-David; Cates-Craig; 8C}[C0S3; 8()[C0S5; 8OC[0S2 Cc: RonOestreicher; Ellen Ryan Subject: Road Abandonment opposition Strongly Oppose 0 You don't often get email from btanis@vehzonnet. Learn�A i�iyj,�iis is � 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. mmCccommismoners |wmmt tm strongly mppmmcdmmadprivamzauooanp|icadonthathasbeenM|edmouckxeyandr||eudents|hav*,pokentop|mstmng|vuppusedthisand prior,attempts which are on file with the county. Please dn not approve this application and vote mo!!}| mUTaanis a84suawmwDrive Duckmey z 5717 Aquila-fize From: Cedric Burns <mrcb69gghotmai|zom> Sent: Monday,January 1, 2OZ43:27PM To: BOC[D|54 Subject: Road Privatization Application- Dick Key � Some people who received this message don't often get email from riircb69@liottnail.com. Learn � _��AUTION: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, 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 cornmission 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 Keys 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 toa few landowners. ( hope you will consider my views and oppose this application. Sincerely, Mark Roby 511 Jasmine St Duck Key, FL33O5O � 5718 Aguila-llze From: harrykeys@aol.com Sent: Friday, December 29, 20231O:07AK4 To: Rice-David Subject: road privatization 0 You don't often get email from harrykeys@ao}zom. 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 Morning, I believe we have addressed this issue before. | am strongly opposed to any more private roads 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 282 West SeaviewDr. Duck Key FL 33050 5719 Aquila-llze 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 ] 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 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 1 5720 Aquila-lize From: lem314@aol.com Sent: Monday,January 1, 2024 9:53 PM To: Rice-David; BOCCDIS3; BOCCDIS5; 130CCDIS2; Cates-Craig Subject: Street privatizing Melaleuca Street on Yacht Club Island, Duck Key You don't often get email from lern314@aol,com. L., n wl this aS_hrq)e,�;Oant 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 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 Waleuca. Street on Yacl,-it Club Island. Nso please consider passing a resoUion to band any further attempt by any private person(s) and/or entity to priva.,,tfize any public roadway, rrlCkiding bUt not Iirr�flted to roads, streets, alleys, rights-of-way and s rnilar accesses, This wili make things fair to ALL the taxpayers on Duck Key, Please consider our reqt..iest favorably. Thank YOU for your flrne, 5721 Lyle and Christine Mushinski, 387 East Seaview Drive Duck Key, Florida 33050 (609) 203-3590 Lyle (609) 558-8954 Christine z 5722 Aquila-lize From: Phyllis Collins <phyl|isrc@gmaiicom> Sent Thursday, December 2EL2O33719 PM To: Rice-David 0 You don't often get email from phyl|iso@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. To Commissioner David Rice, and all other commissioner, We are residents in Duck Key and oppose privatizing Me|a|euca Street in Duck Key. Respectfully yours, Marc and Phyllis Collins 5723 From: Ron Oes neicher Sent: Saturday,July 13, ZUZ44:18PM To: B0CCD|S4 x� Cates'Crai8 ; BOCCD|SZ � BO[ZD|S3 BOCCD|S5 � Lamarche'Tamara Schemper'Emi|y Subject: Duck Key Road Abandonment Application Melaleuca St. BOCC agenda item L8 on August 21 2024meetin8 ... CAUTION:This email originated from outside of the County.Whether you know the sender or not, do not click links nr open attachments you were not expecting. Cnnnnniooinnero and Ennik/ After| have reviewed the agenda item L8 2O23-2G8G for your B[)CC meeting on Auguot21' 2024; | need to make you ovvore that there are 8 letters and o signed petition of 26 Duck Key residents from our annual meeting held Feb 4'2O24that has not been included in the public records now published but had been previously send to each of you. Aoynu nnoy reooii earlier this year many of our residents sent letters to each of you voicing their opinion of this Road Abandonment oppUoodnn. Most of the letters have been attached to this agenda item, however | vvnuid like to request that these additional letters and petitions also be added for book up as you make your decision ot the August 21 2024 BC)CC meeting. In total according to my recap attached, there have been 97 Duck Key Residents that have opposed this Road Abandonment application while we have received O residents who have supported it. These are very similar feedback results to other applications that were filed in the pootyeoro. Our island residents oieork/and overwhelmingly do not want our roads given away to onynne! As the President of the Duck Key Property Owners Association and year round full time resident | urge you all to reject this oppUoodnn and vote NO at the BOCC mnemtimgAugust 21, 2024. Sincerely Rom Oestmaicher President DKPOA 5724 9ZL9 ............... ................ ........ z z z z z z z z ui w w Z ui ui ui ui ui Ui 0 ui M U, 0 UA\ U� V) tvO 0 0 0 O\ 0 0 CL 0. CL CL CL 0. 0. C. CL CL CL w u V�J) C!L a. CL CL z m 4-J rJ Ile 0 0 CL 0 IA 141 M 4� 0 '6 014 'a M u M u 0 Oj co ce. n o E +j Ir-�, r',, CL 0 ca 0 0 m 0 Q) .0 CL u i'a N 0 u Ez Lu ui CL4a CL 00 0 00 4-0 C. CD .............. ........... 4� Qj .0 vt CL (%4 eq CU 0 m+j C*4 N N N r4 N N N N *-. %.I. CL m N N C-4 r4 (*4 r14 N N N ..........-- ---- -------- ........................ 9ZL9 � z z z z [Z (1J LL! 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Q O D M v E O ca Q ca O V) m U v � (0 E aC1v- G O ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti v a-+ C O O N i v a-+ a 4-J o a� v N v ca O N a-+ v v m y x aJ °J � a N C N U 0 � Y u v c° E° a E E s -0 c v v s c u ai U E O N J j to p ~ 0 N N 0 ~ T 0 z O Ln O m JO N m c Y m c c a c H - v c s c Z a ° v v L Z O cv T U : c6 — cv -O N cv ccu O cv S Q S cv N j, S — cm m W m CJ W d = 0 G 0 d (n U m U Y Y J U Cn G 0) N I- LO ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti ti � � N ei ei ei ei ei O O ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei ei G7 l0 N ai ai u_ aJ H v N CL O O o v 0 O U m c O N c ai U v rn v c aiV _ i L N YO O W N SS9 U c- 4 N N �n O vOi .`�+ c Fc ai ai uV c O � N O ,,j in ' = E c COJ c w `0 CD ai o v in c v o's i m w s J o �n o m ai 0 C7 c > m `0 T O m m O ° -� m y �- `n Z c m c v -' J v .� T cc u -' s v o w a un c > > v ai O v -o m -o o2S v aL o +� �- Q o2S o2S �, f0 a v � v -o c c `° O `-^ _ v F c "' u c ¢ s v y s c Y v oa -� o _ ++ s m m — m v v s ° v s w i m c u c , i s s s m Q u s O ai s = a v v m a, o 0 0 0 v ° ° ° ¢ w o ° o a m m n o Y w n v = = o ° ° H o- (� C) CV) I- LO Ln uj CL 3 CL z z Prepared by and Return tw Monroe C"Ounty Monroe County Planning,&EnvironmenftO Rcsounws 2798 Overmnas Ifighway,Suite 400 Marathon,FL 33050 .......... ........ .......... Above Ilis Line IFOT Rea ording--... ............. .................... R.111GfflIIT-0F'--WAY ABA31CII)ONAIENT AGREEMEN,ir FOR U1111 I 111"111FIES CONSTRIX ITION AND RE1,O(ATION This Agreerrwnt enwred into this ...........day of....................................................20 by TI-H.3 BESTOW GROUP,I.I.X, as Florida IiMited liability company, and. CIIARI.,ES AND KRISTI.EN CURRIER, Petitioner PA)Pelty Ownems okrehiafter and W11I.E.R.EAS Monroe County Code ("Code") Section. 1. ....1 autluofizes, in. certain 6ircurmstances, abandomen.i of a County Tip)it(,.)fmay;and 'WHEREAS, Code Section 19 1 pinvides, in relemant part, that "Mo rig mt...of."way shall be, abando.-med min tess there is an. a rfeeynent to,do so by all qffected property ommers," For purposes, of-this Se(.Aion, aim�fi Icte'd property(..)wner is the owner of pn.)perty whichi,if such right-Of way is abandoned, s/he vA.11.have,conceming said rig,ht-of--way,curre.rifly msed access eliminated;and WHILREAS, (. Ode Sectim 1-2 defines "pro I)ep"ty" asi.n.cludiiigbotti "r,m?alaj,Tdpersotialprf)l)erty, wh.ich them efime includes mi affected. owner of pm.-sonal prope.irty(for example, an. own. mr of all existing utility fine, who does not have as real property interest(such as an.easernent)in the same);and WHEREAS,the PETITIONERhas obtained a obtained as utility's"Conditional Letky of 'No 011jection" in which said entitya states diat it lias "No obJection.to tl.ie aln-m.doinniemt ofthe portion of ]Melaleuea Stre,,et cormlitioned omm s:fund;ly A A'FIVA.. ,14 lilifiend; .-................. ......................— '`IIEREAS, tiii,e P1.71 HTIONE.R. liereby coverwants witli the County, by dais duly emexmted and recorded Agireement, that relocation of saicb. tifility(ies) shall be the sole ii,esponsibility of the I.IE"17111110l EIR. and be at IIEIIIIIONII::iR's sole expense(unless PEITTIONE.R.and such utility(ics)agree to otlierwise),and NOW THERE]FORK, for and in consideration of the �sum of'171?,N md: 00/100 DOLLARS, ($10.00), and as an inducerneiat fin the County for- approval of dais Agreem(ml, tog, .thex good and valuable 1 .1 ,cflier with, o considerzation, the adcxp, y and receipt of'which. are hereby acknowledg..,ed and attesf=l tom all pavies bereto, the PETITIONER agrees,mid covenwits as follows: L "I'he I-bregoing recitals are true and correct and are hereby inc;orporated as if fully stated hereiri;and 2. 11.3e PE"rrrI(.)l ER.desires to rclocalL-the FKA.A.utflfty(ies),punmant to the Code, in compliance v6ith tlie Monroe County(Amm.prellamisive Plan,anci aq.l o't-iier applicable local., state, and.lbderal9 laws, at that ceTtain.......... below a scnbed real property, Parcel(%)/I.ot(s): 74 'L75 76,71 7&apA, 1113lock: 1 Subdivision: Yacht Club Island. Key: L)uck.Key Plat Boolo 5 Page: 82 .............. Approximmate Nfile Markeir. (i.l. 11eal Estate Number(s): 001384830 ..........0001 00and 003800 000...000;and ..... (00283801...%,I 5731 3. All nnotic,es,consents,approvals,or other conirnunicalions to the County hereunder shall be in writingatid I shall be deeed p inroperly served if sent ky US. , 1"ostal Service Cerfified Mail,rerurn rec6pat requested, in the,fiAlowing form.and address: Mxmr(�w Coantry Planning& L.nvironinental 1 csourcles Attin:Dirvdor of]NIlsnvdng 2798 Overseas I lig)iway:, Suite 400 Marallron[,171,33050 4. Arty and all construction(s)or hateirpretation(s)of the Monroe County Code shall be deferred in favor of the,Coullay and.Stich Constraietion and interpretation shall lxa entitled to great weight on trial and on a,ppc,a1;ar0 5. RECORDATION. The PF,TTTIUNEI.t.fi.creby agrees to and shall,once exciruted by both jmrtics,record this Agreement wilh.the Monroe County Clerk (A"Coiiirt,and in.the Public Records of"Monroe County, and shall Sojej.y Pay ally and all costs associracd with SUch reol.ordation;and 6. AMEN UMENT I OR, A401DIFICA1110N. No aawndrinent(s) or niodification(s) to this Agreenrent as efl6drvc unicss the County agrees, consents, anid Joints iii writing 1herelo. the undemigned PIE"ITI"ION 17 R shall record arty such vi-i.endinent(s) all o3',modification(s)to this Agmement, and shall solel.y pay ,in y and costs and expenses associated m6th therecordation of any mich aincroinient(s)and modificiftion(s);and `m LIM111ATION ()FLIABILITYAbe PETITIOP41A hereby expressly waives its rights lo aJI'llyr trial and any rights it lflaayr have to bring as claini against flie Cbtiinty for personal damage or inJuiry,or dainage or ii.i.jury to property, that, is a1hgodly causcd by the negligunt ac.fion or finactiori of tho C.ourity or an cipployee or agent of the ounly arising from or causcid by Ilre Counry's aruthorizafion(�), activify(ies), or inaefivity related to Ibis Agreement, fbither holds the County harmless ftoni. tlmc claims ol'all penx)ns lbr aefitsn(s), firiaction(s),activity(ice),dainage(s),expense(s),arid loss(es)occurring mime 11te aWvir,des(xilmd properly an(] and the 111,'ITFIONER.shall be sciliely responsible andliable f6rand to any parties who engalge in or,othcrwise perforna work relating to said cc!wiiistrtic,,tio,n/devc.,I(�)piiiieF.4t of di�ts above described and be low-described Ufifiryr(ies)relocation(s),and the Clounty shall in no way be efthvr rcsponsible oN fiable for miy iqjuu y caused byr flre rnalerials,or equipuncrit used by the PETITION ER,,,its amployees or agents:,or used by the Contractor(s),or its enricloyees or agents;and 8. 11111 DE MN11 IFICATION, '11'he PIE F[TIONE.1Z hereby agrecs� 1,0 indeirinily and defend the Counry and its corannits,sioners,officers,employces,arid ageints,fror.n.any and all clainis 1'(,,)r bodily iniuq(including death), personal injuiry, and property damagc(includirig property ownerl by or propedy inferest(s) held by Monroe County)and any other lo,-Acs,daniages,,avid cxl.-Yrnises(including atitoyncy's ki,$),arising from any i I n I wry or danratre iir connectionwith this Agreement; and % FA typt llptNT The is and shaH be solely respaaaamum,pble fbir all costs incurnA in the(;anying out of stuch hhe utflity(ics) relocation(s) pro,'ject(s) constimii(.Iiotiltievepop i,-merit. It is hereby uvicllerstood 1my the parties that the Counry shal]. pii.i,cur rio cost fi)r or in rellatioiii to, such project It is fiar the rherchy understood thatthere an,no,tl,,6rd-party beneficiades tothh;Agmenr.w-nt,ard tbad.no Contractor or Sub Contractior, or any other persion or ("Irtilyr, Sliall look to County fbir payinent related to such prqject and $,0028MM 5732 10. COMPILIANCE W11.11 LAWS, I'lle 1"E"I'M(Y14ER, shall con-jitly with all Articles Of Incorporatioin, Bylaws, laws:, ordinmces, and governmental rules and regulations that apply to tfilis Agreement and. to its activitics, on al the above,desciribed real property location(s)/Site(s). The sharfl oblain all necessary permils, approvals, inspex.tions, and authorizations as troy be required by siach Articles of Incorporation, Bylaws,and local,state,and federal governments and apmcics;and I I MISIM I'111TION AND VENUE. "Ibis Agreement shall be governed by aod constirued in accordan(!,e w ith t he L aws of the 1131talo ol"Florida and the'United State.s. Flxclusive verjue for army dispute arising urider this Agreernantshall, be in. the Sixicenith Judicial Circuit in and flan Monircw County, florid a., This Apyeenient shall not be subject to arbitration. If the County brings ariil.action u) enfirr" the provisions, restrictions, or tenns, conlained herein and preVr ails in any such adion., (,.nr trial or appeal, the Clounty sha.11 be eivitifled to, reasonable attroirney's fees to be paid Iby the losing party(ies), at figiares fixed Amy the court, as well as the reasoriable costo) ofirestoring such h%rd to the inatural vegetative and hydrologic cond ition existing at the thrie of execution and recof(jrrijon of diiis Agreement. TlreskF reanedics are in addition to any other reinedy, fine, or penaltly which nii-,ky be applicalblc unider Chalster 162, 373,and.403, Florida Statutes, and any other aclion at law or in equity; and I 2 Pf'11,11rot4l. TER MI NATION/ItEV OCAT10fili OF"RIGHT OF11 WAY ABANDONMEN,r.The �, :,R herelly agrees to subrinit a. cornphoe right of way jx=it application wills Monroe ('10111ity and FKAA within one hundred eigjity(ISO)days of the effbeti ve date of the C(aajftyr'S approvall of tire corresponding pelilion fisr right 4 vgy abandionment.If the PlE,I ITH-)MRR ffils to so relocaw;such utility(ics) in accordance with the FKAA. (ftility pernait(s) �indr MOnroe County fight-of-way pennit(s), or fijils to completed construrefion of" Such utifity(ic"s) vvithin said time-franull, said previously abandoned right of-way shall im.m.ediately revert back 10 The COVITY137, Nothfing coinitrained hero in shall be construed to proldbit, limit,or otherwise resbict the Count y's authorilyfis tenninatre this Agreeiaient,aduly approved right-of,way ai)aii(,Ioiinicntpl,)etitioii,a right- of way p(Minit, or any otber permil(s), approval(s),, or inspecfion(s) corresponding to this Agreement or its corresponding right-of1way abandonment petition.,putsuant to applicable provisions of the Monroe County CI ode and/or the perinit(s)applied for or issued pursuant to this Agreement;aud 13. ENIFORCEMEM. In tire event of any breach curler%,lVlation of this restrictions or terms contained herein,the County shall,without liabifiry to,the County,have the right too,unflaterallyr and.without nofice terrinnate this Agreement,,and to JProceed at parV()jr jrj eliquity as snay,be necal"Saly to,enforce C0111'ripliance With file r(-",S1ruCtioj1!s or lernis herec4. and U) othicirwise prevent the breach or violation oil I'any offhern, to colleell darnages, and naay enforce this Agreevient by erriergericy,,prelbri[inary,arid permarmat injUnction,im"ludirig ex paile action and rm tion for such iin twelion(s), it being agred ha ve noadequalerei nedy at law, J cd that the County %yr(ptjl or such odwr legal rwriedrad as the County deems a.1rri,ropriate.Uncuired.breach of violkation ofthis AP-ement by the PEITTIONER Aaill, without any additional riotice beyond this Agiveinient's recordation, entitle he Couinty to iminediatelysuspend and/or rescirid,wil'hout liability to the County,,devellopinant applicationsand pending or issued pennits, approwals, or inspections relating to this Agreement, except for those pennits, approvals, or inspections necessary to cure such breach o,iir violation. 'I'lie PETTROINfll"Is, hereby agv-,es to, allild shall pay for all costs associated with the County's enforcement action(s) Such County crillorcensent shall be at,the County's disciretion, J°'aihjre ofthe PETY110b4ER ft)comply with or ?erlbarn an act required 'Y by or-under this fop rectinent shall not iinif.rair lhc, validirty ol'thh Aglirewriitmt, and County, delay or farflure to onforce, however hrivig(Xmtinued,shall not be deenred as waiver or estOppel of the right to do,so thereafter as to any sueb v iolal ion or b�reach; and 1.4. AUTIHORIZED SIG1114ATOR"if. The signatory for tire Pl-,1Tl1T0PJEJR,belo),s,certifies and"warrants thiat, (a) ijw m,,.,ri'ricp,,pF1'R's name as s(,,t rorth 4r, this Agrecinent is its ffill and correct legal nalne (if an entity,as designated in its corporate charter and as formaily registered with the Strato). (0028M01 .vl 5733 (b) 'I'he indivickiial emMiting this Agreenaent is duly authori/xA to so act arid execute such Agreement on beltialf ofthe PEITIIONFIR. (C) As applicable:,this Agreement has be i duly ipproved by thi'D IIIETITIONTA.'s 1.1oard of Directors and/or members,consistent with and compliant withi the 111"TITIGNHR's Articles of InecWporation, Bylaws,and all local,state,and federal law(s), FurtheiTnore, as ap�ifflcal4tl, the PETT11ONER sitall, upl on. execution of"this Agrecnwnt, provide copies a list of''its current Board oflDirectors andlor nianagers, as isropefly eMiCUIed and notarized coq)orate resolution approving this Agreement,as cq.)y,of its m;urrenl Arfic.les of:Incorporation:,and, if,RIE"I IFFIFIONE14 has or is otherwise sub.W:to,Bylaws,a copy of such cil,irrent Bylaws, SEVERA.1311,111TY, 11"any condition, reservation, restriction:1, riglo-, or terin of phis Agreement is held to be in,valid or w2evilbrecable: by any court m'A conilla't(,111[tr,6ijri.-i,,:„dicilioii,the invalidit�v or uneinfinecarbifity of such condition, pirovision. reservation, restricti(m, right, or tenn shall neither limit nor impair tpman operationi,onforceability,or vafy ofany Otb"F CODrdition,provision,reservation,restriction,right,or terna thereof. All such other conditions, provisions, reservwrrams, restrictions, rig)i1s, and. fienns shall continue unimpaired in Fiji] force and efkct;and 16, PARR GRA 1111 HEADINGWS. Paragraph headings, wheire uscd herein, are inscirtcd f6r convenience only and are not intended Iro descriptively ��l irnit the sc��)ptl and intent of"the ltarticular paragraryph.to w1fich they relfer; and 17. IETIFIECTIVE, DMIT. This Agreement Constitutes the entire. Agrcemunt and any MINreSelflration or undierstanding of arby kind preceding the:(late ofthis Agreement's execution or recordation is not.binding on. the County or the 11E]FITIONFIR exec-pt to the extent it has been incorix)rated into this Agreenient. Thi, Agr(-,r�emem shall bcif,,,r)inc c1fective inpon recoridation in the.Public Records of'Nlonroe County;and 1.8. BINDIN r G EFFIff,"T. '11ie terins, covenants, condififnis, and provisions ofthis Agreerrient' shall bind and inare to the I)CIllefilr of the Cotinly and the PEI IT11.0114JER aind their respective legal representatives, succe,ssors,arixt assigns. However,this Agrtcmient shall riot be convcycld, assigned,or,offierwise transfivTed frorin the PETTHONER., Any such transfer requires County approval, and any such transfer absent Count Y approval shall iminedialely Irender lhrs Agreentent void at)initio;and Tltd,s Agrermcrat is minade in i["ellileince 111[floon I I Information, representaitioiiis, and documents provided by the PIETITIONER(S). If, all swine later, date, Monroe Count,y determines that such information, irepreseniations, andlor docuriae:nts contained false or inisleading, ittiforninflon iniaterial Io the C"ouinty's (,,!onsidleirmthon and assent to this Agreenvent, the County reserves flie fight, in its discretiwa, to rvvolke sucla coilisideiration wind assent and to reschad this Arlyreement and to lGmrsue all r'emedies at law and equity, for hjuries to flke Couvinty caused by the sulbinission of such false or rinisleading iimiaterfid iufonrmiafiwa. ill,CP Rid 4A�INI)EROF'PA,,(�',,E aTAPWj SIIIGNATIHRE PACrESTO 111FOLLOW1 100283801-v I 5734 EXECUTED ON THIS 26ie day of October, 2023. WITNESSES(S) iUTTITIOINI ERS: _ �"ttCii� il�m�iuur�u�, utl�GROUP,t�oi:�t-, uttr... y co rlripan nest i Print,i' aurn. ':� a 4 1 urru u u -- --- �/ i� �� a�4+�Um ��illl � a . crtv'er Datc " October 2023 Witness Address:,a as` t�tuuutin Print Muuuvc r.' uw ]IC.,uune t �u�uuuci.iuu®uui ;°°"iuuulmiuiuu 32707 STATE OF]REMSYLVAMA 'tlie i°bregouurug nstiinim nt, i,jgjjI 0f.Wray Abandoninient Agreement uen purr Utilities Construction and ttciuucat:ioni,was uu l.1k uruvvrledged i°elbre uuuc this 6" uiu y of October,2023,by��"gvo onli s'rs 70 he B#svtowGroq&LIrC,, i�w' uruu�s .mu uut ' Iluiutu�ucui�ivu'a"vu�rlrrucur uuv u.'u uviu c uiva'u`uuilr ur m'uru� iw m .iuc'uu:uu�uruu ; uuu uu r uic or n piroduurped w.,iuu°uuof'uui"uaienfification and did take an a alh. ubmm uuw o a ruu��yNdnla-u uu y Seal oi� � � (Signature), . .. .... Y E u'1u.13910i-Notary NAM, Montganery tuuaur A in 22„(bini M �rtuum iuuiuiivuuu ap P hsWiin 2: iu ul u �° a u2.� � t� i pur i i uui 114tivic 8`WuarxuWian Wm1wr 1211118 ......... _. _. Witness i ._... ............... Print i uuilru°uuu': ........ t,:H, Rt'rES t";iii ttifilEtt. itne ; . taratlhon,111oriuiuu 33050 Print?4a rne: Dale. ST'A i'E COUNTY F JI["be fbirugo,iullg uiuuvtruuurne"10a Rightuui.'u a ti�:ivanxIuuuuurrucct: . ual��uuu erAt tiuu' Utilities uuuu��uu,uu,tmuuruu arid of e'Vlu:ua°.mtiora,was acknovidedged bci`oire me this (Jay v'uf _ . 20_._._...��by Charles Czir,ie , by uruucm ans uui`u::u llphysical presence or n runfiruc rod u notarization, na known to me or ::u'produced 'vriuru is ru i ar� lly uv' as�I:uu°oof'uri"iiiu ntifiuuuu:tiuuuru and did take an oat;l[j- (SEA L) ........ ......... otarwy Ptuiu]ic("'jj sutiatuuum(°) Notary Public(Printed Name) {00283801-v1} 5735 EXECUTED ON THIS_day of.IT...... , 20 WITNESSES(S) PETITIONERS: THE BESTOW GROUP,,LLC, ............................. ................__..................------------------------- — _ a Florida limited lability company ' i:ftuess IJason Thomas,as Manager itrresDate: ....--- ------ ----------------------------------------------------- Register Agent: Jason Thomas s.macrt] �arrru : ..., Mailing Address: 337.1 olody. ane Casselberry,Florida 32707 S°111C° .IM,OF 3 .r.r: foregoing instr°amn.ent, Right-of.-Way Abandonment donment ,, roo7unorrt fi)r Utififi a C�nsh...uotuion. and Relocation, was, acknowledged fbr,fore me tbis ,....... ... dkiky of . � ... ..... ^, 2 .. ........... by d 'ason Thromag, as d r2rrn d he B ��r w� rora �JL C, by moms of Ic:::s tmliyari.oal presence or u::u rmridine notarization, wh.o is r�.:u persolially known to me or r:�lfrrod.uced ........... as piroofof identification.and did tRke an oath... (SEAL) Notary Public(,I3'ig ratrxirrr) rrUa. '�Ilublic(Printed Namr,)......_.._............. ��p .. 1 Pr B t �a to �i �. �.... .....� ��.�.�..r.,.t.' d ::.. .. C!HA*I.3?,S CURRIER 359 E. .......... .�_.. ... ....... arathort, era pie Drive 33050 it,rb.esrr 11'rint Mane: C' Date: "7° T"E fa,71r. COUNTY 01, o i:ng instrurytent, 7t n ffllhrt of. "a.y Abandonniient jkgreeroont fin Utilities t Aor:uis„Wru.ct on. aril Relocatioj!�, was rr(wrr:farrrµfawra rno terra ray of _ :.' ftt / '``, dye" trrr by means twm urrr:al presence or Ir�u on.fine notarization,f y 7 Mirb is s.w forw;brarbally known to srwe or o produced as j')roof'o:f idevis:ificat:ion and did lake an oath. rw� -------- LEA Iru.ru rarrr'r: y Public -Notary Public(S�gnatury a"¢sdnmm sm'lon#HH 4371 urn K ma a nmd lExpircs urm c 18 202 �ximudbm^ufl btu�amigh madortwM'Notamp wane,t,u (002838 6 ...fl �. 5736 Notary Public(Printed Name) Witness m .__ a Print Name: Uf /r �, 'i t i RISTE� 'URRIER 359 E.Seaview Drive �w th Marao n,Florida 33050 ° '°i llWitness 2 �I ''" Date ,.,. .�. ....� .��""� .r%.' Print. fame';. STATE OF j I F �.�.......k-------- C01U"?qTY OF The fibregoing emit„ iilltoi Can iaannalonuo:enn.teirAeot foritnlitie boo tinueticnn sand acknowledged before, dim day of 2 r� ri. e n r- ra by mm .� _ means of,wr,-3 physical presence or o online notarization, who perm.mally known to rune or o produced _......._.....as proof of idenm:ti m atio n and did take. oath. (SEAL) :::... --_... ...... . ...................... m .. lotdry Public(Signature) d.�7(0F ,H3 62027 i3 (P mtedNam�y in (00283801-v I} 5737 FKAA ACCEPTANCE OF RIGIIT.-OF—WAY.. ABANDONMENT AGREEMENT FOR UTILITIES CONSTRUCTION AND RELOCATION sa Witnessareas ................................... .accepts this Right-of-Way'a Abandonment Agreement for Utilities Construction and.Relocation executes this nags seism on the date set fob below. boa° ....................... (utility"name): JJJ6L �,.� Witness r t �...�. i AU� First ( it litnl 1 rt e) First Wit e s A. " 'r apt o Utility G. tu.ra µ _..... ..: ...._. : ._ _ m.._ ...... .........a._l �.._ ....x. Second Witness Prot � €) Date(Print) , �a d Witness ass x w a at re) Approved as to Fonn and Legal Sufficiency 1b Monroe County Anom-y"s Officue State of Florid County of Monroe undersignedBefore me, the personally is ers ll l�naroaato � ati��s �od� ��d ®. � � � ' ....................-...... s..aslea�al�ncalaal�s� Swom and subscribed to me this . - ............. _ ...::............-:....:.............. ...........�. .20.23 . (a LL tO CNotary V Number(Print) ........�`....... ND Notary .. .. At •`S610 a {00283801-vl} #HH 104662 �oaaaasa� 5738 MONROE C UTYFLORIDAACCEPTANCE RIGHT-OF-WAY ABANDONMENT AG REEMENT UTILITIES M M CONSTRUCTION AND RELOCATION In Witness Whereof, the County accepts this Right-of-Way Abandonment Agreement for Utilities Construction and Relocation and executes this instrument on the date set forth below. For Monroe County,Florida: First Witness(Print Name) Director of Engineering Services(Print Name) first INhiie s (Si iratur'r',» r a irar`0l h`irie.""rhi..,. er'wiceiw oSj''unaVlure /%%i/Oi dm Second. ' i ess(Paint i :al,,,. tt c(Print) O ff/ � f� r%✓lye .W r/ IOP Second Fitness (Si goa� jr) Approved as to�'ap,auuu aai.r,e alSu2"ri�mceu,�v &u i % iy/'/r �%%GAO" ��j� , tr jai lni /j %/ Gj, % 0 BeG,)ic, rare",th undersigned authority,,�Uetso��ja i't //appeared is,p rsmi ;li y known to me,oil bas produced _..... as identification Sew,�arn avoid s aibscrmibedI.to rig° this ...... day o .............� "ad . __. n...n... Notary Name and.Number(Print) Notary Signature and Seal 5739 OVLS r. N < o to N P w a W w F N Q m £ d E tlf Z wLU a o O UW M tl9 Z L6 ""i f/r�) p W h u US W I � U) a Yew 00 W �g o dpW J \„l �� 0= W�= W W t=!1 6LLO F o J� d n� u=i3° �Li z no_ a .. O w ,wa i s 9 2 a uti z15, 0 3 lJJ w W \ y a � \ � � d o Q 4� 0 sooQ 1� 2 zo \\ �O a00 4 �� qa�= ��aN> 6 lu 0< z as wn�9 z 0 00 z n 3z; NSzo w �� -0% < uyLLU I- o Clk LU LLJ ww a �w m y o zu , U>alr w o z z � a w z ^z £F oop a < Ca tOp � O 0 Q. � �y � 9 ome Q LL O U,. \ 7} w m F 4 W U O 02 wNo 5 w 3 u 0 Vuj o u V) o O �y 0 s 4 0 0 Q NU o \ oo Y - \\ U JQ \ or Rp\ NOm T Q Z W W"ti' \p II N w W 00 a CJJ 0 LLJ ¢ y� o0 3 p0 99FSF n LLJ lb co N j fir\ U) J z \ \ CL CO a �, v Q�d ��o�� I W a p U lL W U ui ✓ c� 30 LbLS V) Uj S 2A _0 0 t; 0 C.00 zo U,u 0 0 o E z u m 0 00 u 46 C� c C6 > Lu < 0 71 d Z Q. 0 .0 m u:E :E� -, W :;� R lu 14 .1 u Lu 0. 2 L Z Lu L2 9� U.J E u iw m N I- MA f 0 0 • LLI w 0 - �s 0. mu a Z� oz w U ;S > _u a 0 z E fs Di -0 c-0. -b -0 Z_- tA O W 0 mz uz Ew o � m m w a-o� o w co w o 29 o V) T 2 co-O 2w: �v_5 — ��6 7r w c v c�e c < US a, o w 0 ao) w m z 'z < 'o, �0.1 6' cc co It < o 0 C. m LA w w 00 2 on cw 25'c -.-, �w .� y w Z,:e z > o �9- -� < U- N w, o-` 6 E" U -c B"t- 5 zu) m m c 0 Lu > -�p in -c-m t > o VU �u "0 y-� Z 1 m .,6,5 v w Z)w CO Iz w Oo cm o o Zoo y F- z g-M r p c wm > om 0 t�-�:-�- -t f.2 oo 'r owwu 5 .o--o:wf � U— 2.2 U >-To -w 1,N 0 ZD w y � tf ri UJ _,Z 12-NN- t!-t: %32 zm' p3: E F- V 0 VU) t U ry, 0 u -c 0 v 2 ZOn c oo >z 'E ca w U Z E z U < �,E D 0 < 0 < LU ID 't , M ca g E : 0 0 > o, u 2: ww <z u 6,)IS z�E 3�5 'Zo a d z m Wood w 7p 00 > LU CY 0- uj ca uj u>, Ln 00 F-0 0 < uj u<:D U 0 ITO ul < u r< w 0.- D 0, F- 0 Z L'� � Z. U Ln <<z < Co < U) LL uj z 0"1 u 0 00 u pz 0 u UZ,8 -<,Z6 U cig 0 Lu F- z LU ci Z < � (N 0- pW Z U) U) -< z 4yo Z, (D < �Uel uj a <j�, z ,-,�u Lu �n OL <)��2 �i 3: w mn- -0 z Z. 'y U�j U) �0-9 M: C1-1 .0 -CL'Z u 0 U- u uj(A 0 F- 2 0 Ln Z < 00 �=- �j z Ln L" w L-u U- � < Cc, -E w:, E F . U, —L"<L—,LU 0 LU P-4 o a:c 'o L.0--r u UU I-- w 0 _U- 0 < LU ai 8 n ---,"n OV 0 r,4 0 z<u on - ru 0 w w ww (9 -0:2 z w z F- W, 0 z LU 0 Z o 6 o =�:0 CL Ow 0.0 -Z :5(<D 00 lu-F-: Lu Ln u E2 �-T V) Z z= 5 Lu < W <0 0 Lu w ti- z 0 z 0 LU mm C2 w T m 0 = 0 Lu 0 Lu 0 Ln z LU -Ln 0 0 F- Ln Q�u C�< L En ff w D CC (n 0 T <o < 0< LU 0 LLLJ C)F- (�e z �e c �wu �i 13�L4 n z Uri L, UOI ca T U 0 Lli 0 W >- LU�F- (A 0�0 3: - 0 0 <5 Uol Z Lu Z LU 0 D as F- 0 Z:< z ui u wz m< z- 5�-w w C,� j .1 1 ........... can 6-. ,l<R.1 y <, z Ln o< 0 c.e o-U, L, w 0 0 z LU 0- UJ Z:0 w u�2z 0 z CL p -r C� 0 u)- 0< LLJ b z (A A U-o z 0< 3:0,r U) LYLI o"T �Ce� Z C o < CL o.z< (n< 0 L!) M:Q�=)u uj CL In>. 0 e� < uj co u uz 2: 0 U') F-< z u o< ui z z z 0 cf ED UY,(D 04- (D 0 u a:C� p U) 2: CL u W) U)�� z 0 C, w u U) V < cr'6 0 MT z i.', u LU L<u.70 L y E ul Y N\1-<F-(f) < in U)Z �e w 0 F-F- 0 Ln 0- -j ,4 N M 7 LA 6 n 06 This instrument was prepared by and return to after recording: Jess Miles Goodall Attorney at Law SMITH HAWKS,PL 138 Simonton Street Key West,FL 33040 FIRE DEPARTMENT ACCESS AND EMERGENCY USE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that BESTOW GROUP LLC, a Florida limited liability company ("Bestow") and CHARLES C. CURRIER and KRISTEN C. CURRIER, as husband and wife ("Currier") (Collectively, the "Grantor"), does hereby grant a nonexclusive easement to the Monroe County Fire Department, its affiliates, licensees, agents, successors, and assigns (hereinafter called"Grantee"), for fire department access and emergency use, in, under, over and across the hereinafter described land (the "Easement Area"), and as shown in the proposed easement drawings attached hereto as Exhibit A,to wit: On the Island of Duck Key in Monroe County, Florida. Together with the right of ingress and egress over property of the Grantor, so as to afford the Grantee full use and enjoyment of this easement, including the right to cut and trim, from time to time, trees, brush, over-hanging branches and other natural obstructions on the above-described land, which may injure or interfere with the use of the aforesaid easement. Grantor hereby grants a non-exclusive fire department access and emergency use easement to the Grantee, its affiliates, licensees, agents, successors, and assigns, to include emergency medical services, law enforcement officers, fire and EMS for unimpeded access in,under, over and across the described land in the event of an emergency. Grantor acknowledges that Grantee shall, in the event of a fire emergency, have full access to the easement area in whatever capacity is necessary to fully address the emergency. Grantor hereby agrees to grant non-exclusive use and access in, under, over and across the Easement Area, to the Monroe County Fire Department and emergency services, as a non-exclusive fire access lane ("Fire Access Lane"). Grantor shall provide any codes,keys or other access methods for unlimited access through any existing fence or gate currently existing on the Fire Lane. Grantor will furnish and maintain the Fire Access Lane free of and clear from any obstruction and shall not construct, place, or allow the placing or construction of any obstruction which would interfere with the Monroe County Fire Department and emergency services' safe or proper use of the Fire Access Lane. Grantor reserves the right to convert the Fire Access Lane into the gated entrance. Should a gate be placed, the Monroe County Fire Department and emergency services shall be provided code or automatic access at all times. Grantor agrees that the surface of the Easement Area shall at all times remain capable of supporting the weight of required emergency vehicles and machinery during an emergency. The parties hereby agree that nothing contained herein shall create any easement or use rights in the general public nor shall this instrument constitute a public dedication for any public use. {00292768-v1 } Page 1 of 6 5742 Grantor represents and warrants to Grantee that (a) it is the sole owner of the real property described in this easement, (b) it has the full right and authority to grant this easement to Grantee, (c) that execution and delivery of this easement has been authorized by all necessary company actions of Grantor, and (d) the real property described in this easement is not subject to any mortgage or other encumbrance and no consent or approval is required of any party to make this easement effective. Further, the individual executing this easement on behalf of Grantor personally represents and warrants to Grantee that they have full authority to execute this easement on behalf of Grantor. Grantee understands that Grantor may seek to redevelop the easement area. Grantor shall bear all costs of any nature (including all internal costs of Grantee) of any relocation or modification of any utility facilities owned and/or operated by Grantee, including the cost of removal of any utility relocated or modified, when such relocation or modification is necessitated by Grantee's redevelopment of the easement area or other property, grantor's requirements, or those requirements of any utility other than Grantee. Grantor may require payment of its expected costs, if any, in advance, but Grantor will pay any and all sums due to Grantee pursuant to this easement upon request. Further, Grantor acknowledges and agrees that any work relating to the relocation or modification of any utility facility will be performed in accordance with Grantee's requirements and all requirements of any applicable code or law, as may be amended from time to time. This easement shall terminate if at any time its use is discontinued for three (3) consecutive years,provided such discontinuation is both: (a)the result of a deliberate and intentional decision by Grantee to discontinue and abandon the easement permanently, and (b) not due in whole or in part to any hurricane, flood, subsidence or natural disaster, or any war or civil emergency, or any repair or replacement of any Facilities or public works within or serving the Easement Area. [SIGNATURE PAGES TO FOLLOW] {00292768-vl } Page 2 of 6 5743 IN WITNESS Wl IERE01'. these presents have been executed by the Grantor herein, all as of the 16 day of ML__-- I k4_—, 2O24. Signed, Sealed and Delivered in the presence of`: ------ BESTOW GROUP LLC, a Florida limited liability company W les's PrHmled Na, e B y )2 7/ z 2 as on )rnas, Manager A dre�s� Witness Printed Nan�e Address STATE OfJE"-sl�vafflA CO U NTY OF_rAjAj -LL�e hC1,14 The foregoing instrument was acknowledged bel'ore me, by means of physical presence OR 0 online notarization, this day 2024 by JASONTFIOMAS, as manager of BESTOW GROtJP LIC, a Florida limited liability company, who is personally known to me OR 0 who has produced as identification, who did OR F-1 who did not take an oath. [Notary Seal] Notary P1,14 61 Printed Name: A ti, E Commonwealth of Pennsylvania-Notary Seal My Commission Expires. AMY E ILESSING-Notary Public Montgomery county My Commission Expires November 22,2024 Commission Number 1211118 (00292768-vl Page 3 of 6 5744 IN VVjN SS WFIEREDF, tk ese presents have been exce ed by the C..,nantw hcNAL all as ol'die (LAY Of 2024 .........._.._._._ ..... Si',xrwd. `ealcd rued Dc°hvu;d In aic pusawe of: 7 Witness Id Priarted Name 13 y � i (11d p'lCS C. Q:'rrr-r�ier. hdress .��, M .�,riNn `'S lime ..._� ..r. ^_' � __...._hrirrtw d , � : '� Mdress 1"f �.l 9i ) i s i.,. COUNTY OF The ioregorng instrument was pick<rrooMcdgcd b06re nwr by raicans of"?t physkal proencc 010 is onhtrc rrr:rwMa d+.rrr. this day ., �,._..-- of �_ `024 by Cliarles C. t'w`ur-Ficr, N4,'rrr is p rsonullyr known to rricw OR who has produced as identification, who did UR L.., r, hO Ltd rtot take an arurtli. ['rotary Scrrl➢ Notary 1lttbhc; Mwd Name: L rrrrw it ra 1m� d rtra . : ' ;r .... C °�, M� t_"r�A d- so "r��rpPw PEV�v�aa�ueuww"`. Page 5 rrd 5745 IN w C rNFSS 1 RI, : 1 these presews have been executed by the (,;rsrnwr her in, all as of the day of 2024� . Signed, sealcd and D(Jivercd ill [Ile 111-Csclicc of: �� ar .. � �. G Kristen (., (_;drr iel Adldlr ss _.._ . iturw., 4 � _..... . ...... ...... ... C A d d l r`c°;rr a .. . ... ........ Vie lirr°eguing irrswurrnov errs ;rd.°fcrrdnvlc;dQgdl bel'rm me by ns arr; of,1 /rIl sical pl-csence r� O onliner�ouar' .;,a.fi il, t�l"riS dj�r .., '. tit ' �t'ta �024 by I�lw�l"��1`EN �C�� (. 1.'i�C�I R, x'ulm is personally lrrnrwn to rats OR ' w1rd ��ml gas rdlerrtilic°at.ion, who did (...W whO did not take an oadr. [Notary otaury Seal 7aun"', Public yaxn�x��naae� r "W�w � 4�lY11�11`'rti'Idlr1 �.7"'�kl ��Orived rr1r�'. ° tt I- g tw MW t a 5746 S22039'00"E 137.5'(C) _�.`._.��•-_�—_��..... _b�.—..,_ .� CO PET WA4L -..� .-�.-. .... y DDNC OOCN/SEA\Ypt1 s — b — — — — �'„,•.�—I 1 x I stoanzodEUNrYE LEyxy� I y�iU ' ROOp xONpLLNEAE(EL 10 I yV^j I Wf tori ; 1 cI F -- _ � � I iIDOD ZONELWEAE(EL91 i� a 2 I 3 (, 91.7 I 5 ❑ SET-� i �/ ---------------- FT- c j N 1N II O d � A•A h v v 75.0 f� 0 i b 3 I � o e - P RDODZONE LINEAE(EC9, $ � %t ROOD xONE LNiEAE(EL B) �'f I Q Af - - - - - - �� - - - - - — as ppgy .Y N23004'00"W �7.50'(PBW N23°04'00"W 50.0' CL E.SEAVIEW DR.- 50'IVW 5747 I IV1SICal^,� Cah C"Cal'I'C:aI'AI IC)11,�S Org . I "I J.l 1 r1"� ICL',IrrgIrt,Irn¢IrnO sad w 0 0¢ / IDiivii.siio n of G:oiil Irrcalra�0iisalrnss, / "� aIr&, Ifw¢„Coj[rd s / 1L0 aIra_ y I irn0ii0y IRIgr n¢ / I[:)etalil by IEE;iirvfl- Name Florida Limited Liability Company THE BESTOW GROUP LLC Filling Information Document Number L21000216976 FEI/EIN Number 86-3942864 Date Filed 05/10/2021 State FL Status ACTIVE Principal Address 337 MELODY LANE CASSELBERRY, FL 32707 Mailing Address 337 MELODY LANE CASSELBERRY, FL 32707 Registered Agent Name&Address THOMAS, JASON J 337 MELODY LANE CASSELBERRY, FL 32707 Authorized Persons) Detail Name&Address Title Manager THOMAS, JASON J 21 Barndt Road Sellersville, PA 18960 Title Authorized Member Thomas, Rebecca 21 Barndt Road Sellersville, PA 18960 Annual Reports Report Year Filed Date 2022 04/08/2022 5748 2023 03/17/2023 2024 03/05/2024 Document Images 03/05/2024--AININUAII...IRIEIPOIRIF VivAnimago uirn IPIDIF foinrna� ................ 03/17/2023--ANNUAL IRIEIPOIRIF Vow uimm<mgo uirn,F IDIF foinrna................ 04/08/2022--ANNUAL IRIEIPOIRIF Vow uimmago iiirn IPIDIF foinrna� ................ 05/10/2021 --Floidda II.Jimiftod ILia lbillifty Viow uimma go uirn IPIDIF foinrna� .............................................................................................. 5749 2 ✓k l�l 4 MEMORANDUM 5 M nNROE COUNTY PLANNING&ENVIRONMENTAL RESOU C D PART' ENT t To: Monroe County Roard of County C onnunnissionners C "Through: Enna ly Sclnennnpae w A.l.C'.P.,t C'.F.1v1.,r SSenn gar Dlirector„ 1\4unnnroe CaWimty Plannnninn & t IEnnvirtnnnnnnenntal Resources Dep�an�tnnnennt 12 From: Jannenne Sclafanni„ Transportation larnnner„ Monroe County Planning&Ennvironnnnnenntal. 13 Resources Department 14 1 Date: Apnril1, 2024 16 17 Subject A .Public Hearing for they Afoinrve County Board of CourntY Couitrrissiorner°s (BOCC) to 18 Consider cr. e:questferr°the BOCC to Renounce, Disclahu, arrclAbarraw o n A),i.v atn iAllRight 19 of they Public, and BC C"C to a orrioti of'Righi-gf-Jf qv of melalouca Street, Duck KeY, 20 Section 4, tl errnr oe C°atrrr �„ Florida, As Shown n wi the Plat ql"Dzick Kev, Plat Book 5, Page 21 82', Offlcial Records of fonroe C:crrrrttt,, Florida,3 22 3 Meeting:: July 17, 2024—Re ue. 1 to A(herlise Public Hearing 24 October 16, 2024 —Public Hearing 25 26 T, REQUEST 27 28 On December J, 2023 the Monroe Couurnty Planning and Ennvi o unnewat l Resources Department received 29 air application froinn Suuutln hawks PL the ,f 30 "Agent") on behalf of The Bestow Group LLC" 1 and Charles and Kristen Currier (the 32 i " pupnlnc'annts") to abandon a portion of r r� lrt-qf- 33 t+,aY of Afelaleuca Street, Duck e,il:,, Mcrrrr•ac 4 Cain nhl;,, Florida as slrowrn on they plat qf Duch 4 G � 3,6 37 The Applicants own the parcels to the north 38 Ga (outlined in � aandssouth �(outlinedinn f)Iw�.� 39 of the right-of-way requested for abanndoin nennt. 40 d � 1 The Applicants have represented ente their basis for 1 42 requesting this abaueluannr eunt as to stop traflc,� 43 r-oui traveling irrto the cul-de-sac rrrfiront a tlreir .4. h corn for "o other propose than to turn ar o'urral, 45 as there is rio access to tve.'iter.. a Arnnerlcanr Institute of Ceriitied Platt r rs (A.I. . )certification. Association aaf"State Fla odpla,irn Managers,(A,S.F M.) Certified Ftanodplainn Manager( '.F.M.). a 1' 0nnf0e Caaurnrt;y Irlanrnninag&Ennvirommenatawl.Resources Delaarlrnnenwt File No. 023-286. w Moinve Comity mity Planning&Enviraarrnurenwtaw.l Resources Department File No. 2023-286. 1 of 5750 I The area the private Applicants, are seeking for the BOCC to abandon constitutes a portion of the right- 2 of-way of Nlelaleuca Street which is outlined in in the figure, below in the left column and with 3 hatching in the right colurrin. 4 ��f H,P j"P"Ys�.-$,GYkvt"w$V!,d n r,Vi�-(m wCIAU&6AKRAA,JMMA I I TW Vill,RJ V 1 f'11 S01jT1HMS ,M,W I A P X A,VV,I'll fAC"�,�i W61, MANV,AK K Id V,�AC704 4 N M11 A. "01,0XII CY"All",P "AM'. hh 5 Prei4ous BOCC,.4ctions 6 On or about the, Board of County Commissioners' regujlar July 17, 2024, BOCC meeting, the BOCC set 7 this public hearing for the subject right-of-way abandomnent request. 8 9 H. REVIEW OF APPLICATION AND ANALYSIS 10 I I The pot mono of the rights-of-way of Melaleuca Street are established within the plat of Duck Key, Section 12, 4. The plat of Duck Key' wa,s approved by Resolution by the Monroe County BOCC on or about 13 December 5, 1982 and filed for record. 14 ------- ------------------- ---- ----- 4 40 Al 2z V V V a: .+ -g4.# 1� mot. M, 5 Plat Book 5,Page 82.Official Records of Monroe Counly,Florida. 2 of 6 5751 I The portion of Melaleuca Street right-of-way that the Applicants are seeking BOCC abandonment of is 2 shown below, indicated as a parcel of land being Melalenca Street, lying southerly of and adjacent to lots 3 74,75 mid 76, Block 1, and lying nor-therly of and, a(Ijacent to Lots 77, 78 and 79, Block 1, all of Yacht 4 Club 1-larbor Island, Dt:ick Key, Section 4, according to the Plat thereof as recorded in Plat Book 5, Page 5 82, of the Official Records of Monroe County, further legally described in Exhibit 1 to the Resolution. 6 rirraMr 1r,)WMINAI IV r�,%i P Pr r vrw�RNiiriR,,��Ii�J��,,Jxr LHI I EY 5 WWI,,f,1-W, RzIi7G &A S010A 7 8 9 The portion of Melaleuca Street right.-of-way that the Applicants are seeking BOCC abandonment of 10 clianges/benefits two property owners— the Applicants —,and the figures below indicate how the public 11 right-of-way if the BOCC abandons it) would be divided between the Applicants. The northerly portion 12 in the rip, gj,it colrumi abuts The Bestow Group LLC's,property. The southerly portion abuts Charles and 13 Kristen C urrier's property, 14 AA o 15 16 This petition has been reviewed by Monroe County professional staff and written con-mients were received 17 froin the following utilities and County departments: 18 19 Florida Ke ys Electric Cooperath,e, dated Februan,29, 2024 20 FKEC did not indicate ol�jection to the solicited public right-of-way abandonment as proposed. 21 22 AT&T,, dated January 8, 2024 23 AT&Tdid not indicate objection to the solicited public right-of-way abandoinrient as proposed. 3 of 6 5752 I Comcast, dated November 17, 2023 2 Comcast did not indicate objection to the solicited public right-of-way abandonment as proposed. 3 4 Florida Keys Aqueduct Authority, dated December 14, 2023 5 The Florida Keys Aqueduct Authority (FKAA) did not indicate objection to the solicited public 6 right-of-way abandonment; FKAA issued an approval (only for itself) at the FKAA's December 7 12, 2023, Board of Directors meeting. However, the FKAA has an existing 4" water main, 8" 8 gravity wastewater main, manhole and cleanout located within the area of solicited public right- 9 of-way abandonment which would require relocation. A right-of-way abandonment agreement for 10 utilities construction and relocation executed by The Bestow Group LLC, Charles and Kristen 11 Currier, and FKAA on October 26, 2023, has been submitted. A complete right-of-way permit 12 application for relocation of utilities shall be submitted with Monroe County and the FKAA within 13 180 days of approval of right-of-way abandonment per the Right-of-Way Abandonment 14 Agreement for Utilities Construction and Relocation or the right-of-way shall immediately revert 15 back to the County. 16 17 Monroe County Fire Marshal, dated November 7, 2023 18 The Monroe County Fire Marshal's Office indicated no objection to the solicited public right-of-way 19 abandonment with the condition that an easement shall be provided for Fire Department access. 20 21 Monroe County Code Compliance Department, dated December 13, 2023 22 The Monroe County Code Compliance Department indicated no objection to the solicited public 23 right-of-way abandonment at this time. 24 25 Monroe County Sheriff's Office, dated Month Date, Year 26 The Monroe County Sheriff's Office did not indicate objection to the solicited public right-of-way 27 abandonment as proposed at this time. 28 29 Monroe County Engineering Department dated November 1, 2023 30 The Monroe County Engineering Department indicated no objection to the solicited public right- 31 of-way abandonment at this time. 32 33 Consistencv with the Monroe CounLr Code of Ordinances and Livable CommuniKe sy Plan 34 The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter 35 19, Article I, Section 19-1 ("Abandonment ofrights-of-way"). 36 37 The right-of-way requested is not part of the Livable Communikeys Plan ("LCP"). 38 39 Monroe County Code Section 19-1 ("Abandonment of Rights-of-Way") states: 40 (a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of- 41 way is no longer required for public use and convenience. Any proposed abandonment must 42 demonstrate that such action will not adversely affect public safety or convenience or otherwise 43 have a negative impact on the county system of streets or public or private utility facilities. 44 45 The subject Application for the requested public right-of-way abandonment is not in violation of the above 46 Code provision. 47 48 (b) No dedicated and accepted right-of-way in the county shall be abandoned where: 4of6 5753 1 (1) The right-of-way terminates on a body of open water; or 2 3 The right-of-way requested does not appear to terminate on a body of open water. 4 5 (2) The right-of-way provides access to the public to land on open water; or 6 7 The right-of-way requested does not appear to provide public access to land on open water. 8 9 (3) The abandonment would preclude a way for the public to maintain access to the water. 10 11 The right-of-way requested does not appear to preclude the public from access to the water. The 12 Applicant(s) own the property between the canal and this public right-of-way. 13 (c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an 14 agreement to do so by all affected property owners. For purposes of this subsection, an affected 15 property owner is the owner of property which directly adjoins the area subject to abandonment 16 or, if the right-of-way is abandoned,will: 17 (1) Have access that is currently used by that property owner eliminated or diminished; 18 (2) Have the only platted access eliminated; 19 (3) Have the paved area adjacent to that property increased for turn-around purposes; or 20 (4) Be increased in size. 21 The Applicant(s)properties are the only two properties next to this portion of the Melaleuca Street public 22 right-of-way, and no other privately-owned properties would have access eliminated or diminished. A 23 turnaround is not required by the Fire Marshal's Office or the Engineering Department. There is no 24 objection in connection with subsection (4) above. 25 (d) All right of way abandonments shall comply with the County Code and Standard Engineering 26 requirements for road, turn-around and fire-rescue access. If required for safety purposes, as 27 determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be 28 shown on the submitted survey and shall be agreed to in writing and constructed with payment by 29 the property owner(s) requesting abandonment. 30 31 The Fire Marshal's Office did not require a turn-around area. The Monroe County Engineering 32 Department did not require a turn-around area. 33 (e)A right of way may be abandoned only at the terminal portion of the road and in its full width 34 unless one of the following applies; 35 1. An adjacent lot owner has on the platted right-of-way or within a setback a substantial 36 structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and 37 right-of-way. The term "substantial structure" specifically does not include wood or metal 38 fences, sheds or tiki huts or other items not listed which are accessory structures; or 39 2. The abandonment is requested by a County department or governmental agency for a public 40 use; for purposes of this subsection public use is a public facility and/or public/private utility; 41 or 5 of 6 5754 1 3. The right of way area is unusual in size or shape and after abandonment the remaining right 2 of way width will be the same on both sides of the abandonment as shown in Example 1. 3 4 The public right-of-way requested is the full/entire length and width. 5 6 The Monroe County Planning&Environmental Resources Department's professional staff have reviewed 7 this request under Monroe County Code Section 19-1 and it does meet the basic eligibility criteria for the 8 BOCC to consider/decide whether or not to renounce, disclaim, and abandon any and all right of the public 9 and BOCC to the subject portion of public right-of-way in favor of the subject applicants. 10 11 In addition to the foregoing, professional staff have received many letters and/or e-mails from the public 12 opposing the Applicants' request for the Board of County Commissioners to approve abandoning this 13 portion of the Melaleuca Street public right-of-way. These are included within this BOCC agenda item. 14 15 III. PROFESSIONAL STAFF RECOMMENDATION 16 17 The Monroe County Planning and Environmental Resources Department's professional staff have 18 reviewed this request under Monroe County Code Section 19-1 and it does meet the basic eligibility 19 criteria for the BOCC to consider/decide whether or not to renounce, disclaim, and abandon any and all 20 right of the public and BOCC to the subject portion of public right-of-way in favor of the subject 21 Applicants. 6of6 5755 I I .- 2 3 5 6 � m 7 NMI 6' 9 10 aq rr-, I 12 13 RESOLUTION NO. -2024 14 15 A RESOLUTION OF THE MONROE COUNTY BOARD OF 16 COUNTY COMMISSIONERS (BOCC) RENOUNCING, 17 DISCLAIMING, AND ABANDONING ANY AND ALL 18 RIGHT OF THE PUBLIC AND BOCC TO A PORTION OF 19 RIGHT-OF-WAY OF MELALEUCA STREET ON DUCK 20 KEY, SITUATED WITHIN THE DUCK KEY PLAT, AS 21 RECORDED IN PLAT BOOK 5, PAGE 82, OFFICIAL 22 RECORDS OF MONROE COUNTY, FLORIDA, WHICH IS 23 BOUNDED ON THE WEST BY A PORTION OF THE EAST 24 SEAVIEW DRIVE RIGHT-OF-WAY, BOUNDED ON THE 25 SOUTH BY LOTS 77-79, BLOCK 1, BOUNDED ON THE 26 EAST BY LOTS 76 AND 77, BLOCK 1, AND BOUNDED ON 27 THE NORTH BY LOTS 74-76, BLOCK 1, MONROE 28 COUNTY, FLORIDA. 29 30 WHEREAS, Smith-Hawks PL, acting as an authorized agent for The Bestow Group 31 LLC and Charles and Kristen Currier, has solicited for the Monroe County Board of County 32 Commissioners ("BOCC", "Board", "Monroe County", or the "County") to voluntarily abandon 33 and renounce any of all right of the public and BOCC to a portion of the public right-of-way 34 located on a portion of the Melaleuca Street on Duck Key, situated within the Duck Key plat, as 35 recorded in Plat Book 5, Page 82, Official Records of Monroe County, Florida, more specifically 36 situated as more particularly described below, which is bounded on the west by a portion of the 37 East Seaview Drive right-of-way, bounded on the south by Lots 77-79, Block 1, bounded on the 38 east by Lots 76 And 77, Block 1, and bounded on the north by Lots 74-76, Block 1; and 39 40 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336 it is 41 necessary to hold a public hearing of the Monroe County Board of County Commissioners to 42 publicly consider renouncing all of its rights and all of the public's rights to the instant Monroe 43 County right-of-way after publishing due notice of said hearing in accordance with said Chapter; 44 and 45 46 WHEREAS, due notice has been published and a public hearing has been held in 47 accordance with Florida Statutes Chapter 336; and 48 1 of 4 5756 I WHEREAS, at said public hearing, the BOCC has considered this request from Smith- 2 Hawks PL for The Bestow Group LLC and Charles and Kristen Currier soliciting for the BOCC 3 to renounce, disclaim, and abandon all of the public's and BOCC's rights in and to the 4 hereinafter described public right-of-way as delineated on the hereafter described legal 5 description,plan, or map; 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 8 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 9 10 Section 1. Recitals and Legislative Intent. The foregoing findings and conclusions 11 are true and correct and are hereby incorporated as if fully set forth herein. 12 13 Section 2. The Monroe County BOCC hereby abandons any and all of the public's 14 and BOCC's rights in and to the hereinafter described public right-of-way as delineated on the 15 hereafter described legal description,plan, or map, to-wit: 16 17 THE P UBLIC RIGHT OF WAY DESCRIBED AS: A parcel of land being Molalcuca Street, lying Southerly of and adjacent to Lots 74, 75 and 76, Block 1, and lying Northerly of and adjacent to Lots 77, 78 and 79, Block 1,all of YACII IT CLUB ISLAND, DUCK KEY, SECTION 4, aaccordineg to the Plat thereof as recorded in Plat.Book 5„ Page 82, of the Public Records of Monroe Caunty, 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 Melaleuca Street, of said YACHT CLUB ISLAND, DUCK KEY, SECTION 4; thence bear N66156 00"E along the centerline of Melaleuca 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 Paint of Beginning, in a Northerly, Westerly and Southerly direction along a curve for a distance of 130.9 feet to a polnt, said curve having a Radius of 50 feet, a Delta of 1501, and a chord bearing of S81056`00" , with a chord distance of 96.59 feet; thence S66055"O9""W for a distance of 1.36.70 feet to a Paint 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:-cf®wway line.of East Seaview Drive, said curve hawing a Radius of 25 feet, a Delta of 90", and a chord bearing of N6801l4'1111"' , with a chord distance of 35.36 feet; thence bear S23104 fb47'"F along the Easterly righrt-of-way line of East Seaview Drive 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 or 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 cuirve having a Radius of 2.5 feat, a (Delta of 900, a chord hearing of N2105Fr tiff'"E, width a chord distance of 35.36 feet; thence N66056'00"E for a distance of 13630 feet to a point on a curve', thence in a Southerly,, Easterly and! Northerly direction along said curve for a distance of 130.9 feet hack to the Point of Beginning, said curve having a Radius of 50 feet, a Delta of 1500, a chord bearing of N51056'00"E, with a chord! distance of 96.59 feet;. Containing 15,980 sq. f't,, (0.36 acres), SUBJECT To a 10 foot by 54 foot Utility Easement in the Southerly 1/2 of Mellalcuca Street, adjacent to Lots 77, 78 and 79, Block t of YACHT CLUB ISLAND, DUCK KEY, SECTION 4, according to the(Plat thereof'as recorded in Plat Book 5, Page 82, of the Public Records of MonroeCounty, Florida,and being miore particularly described as follows: BEGIN at intersection of the Easterly right-of-way line of East aeavlewv Drive and the centerline of Melaleuca Street,of said YACHT CLUB ISLAND, DUCK KEY, SECTION 4; thence bear 23104"I1B"F for a distance of 6.86 feet to the Point of Beginning,; thence bear,S23004'l)q"E for a distance of 10,0 feet; thence bear 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 black to the(Point of 18 Beginning. 19 20 2. The Monroe County BOCC hereby conveys said right-of-way as described above 21 with the following conditions: 22 23 1) A complete right-of-way permit application for relocation of utilities shall 24 be submitted with Monroe County and the FKAA within 180 days of 2 of 4 5757 I approval of right-of-way abandonment per the Right-of-Way 2 Abandonment Agreement for Utilities Construction and Relocation 3 executed on October 26, 2023 or the right-of-way shall immediately 4 revert back to the County. 5 2) Access shall be provided for the Monroe County Fire Marshal's Office 6 per the submitted executed access easement. 7 8 Section 3. The April 1, 2024-dated Monroe County Planning and Environmental 9 Resources Department professional staff report accompanying this agenda item prepared 10 by Transportation Planner Janene Sclafani, and through Senior Director Emily Schemper, 11 A.LC.P.,1 CT M.,2 is hereby incorporated as if fully stated herein and its analysis and 12 determinations of fact and law to the extent not plainly inconsistent with this Resolution 13 are hereby accepted and adopted as if fully stated herein. 14 15 Section 4. Construction and Interpretation. The interpretation of this Resolution 16 and all provisions of the Monroe County Comprehensive Plan, Florida Statutes, Florida 17 Building Code, and Monroe County Code(s)whose interpretation arises out of, relates, or 18 is interpreted in connection with this Resolution shall be liberally construed and enforced 19 in favor of the Monroe County Board of County Commissioners (`BOCC"), and such 20 interpretation shall be entitled to great weight in adversarial administrative proceedings, 21 at trial, in bankruptcy, and on appeal. 22 23 Section 5. No Liability. Monroe County expressly reserves and in no way shall be 24 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any 25 sovereign, governmental, and other similar defense, immunity, exemption, or protection 26 against any suit, cause-of-action, demand, or liability. 27 28 Section 6. Severability. If any portion of this Resolution, or any part or portion 29 thereof, is held to be invalid or unenforceable by any administrative hearing officer or 30 court of competent jurisdiction, the invalidity or unenforceability of such provision, or 31 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or 32 validity of any other provision of this Resolution, or any remaining pert(s) or portion(s) 33 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s) 34 thereof, shall continue unimpaired in full force and effect. 35 36 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 37 Florida, at a regular meeting of the Board held on the 16'h day of October, 2024. 38 39 40 Mayor Holly Merrill Raschein, District 5 41 Mayor Pro Tem James K. Scholl, District 3 42 Commissioner Craig Cates, District 1 43 Commissioner Michelle Lincoln, District 2 44 Commissioner David Rice, District 4 45 American Institute of Certified Planners(A.LC.P.)certification. 2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.). 3 of 4 5758 I BOARD OF COUNTY COMMISSIONERS 2 OF MONROE COUNTY, FLORIDA 3 4 5 Mayor Holly Merrill Raschein 6 7 (SEAL) 8 9 ATTEST: KEVIN MADOK, CLERK MONAOF COU44TY ATTORNEY 10 AP V@Q T0,FORMI 11 By: . 12 AS DEPUTY CLERK 4 of 4 5759 Liz Yongue From: Ballard-Lindsey <Ballard-Lindsey@ Mon roeCounty-FL.Gov> Sent: Friday, October 11, 2024 3:57 PM To: Gomez-Krystal; County Commissioners and Aides; Kevin Madok; Senior Management Team and Aides; Liz Yongue; InternalAudit Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch- Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena Subject: Time approximate item S1 10.16.2024 BOCC Meeting Categories: Orange Category Good afternoon, Please be advised,we have added the time approximate of 2:00 P.M.for item S1. "PUBLIC HEARINGS:A Public Hearing for the Monroe County Board of County Commissioners(BOCC) to Consider a Request for BOCCApproval of a Resolution Renouncing and Disclaiming Any and All Right of the Public and BOCC 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, Submitted by Smith-Hawks PL in Its Capacity as an Authorized Agent for The Bestow Group LLC and Charles and Kristen Currier." Sincerely, U B AiAe to Chvc,�;[c,��P, f-��vi,P,1.�, Co��t�.� A vv.ivuis[vatov vsi'vuesc; , vi. P. : vt/est, Fd.. 'Stop #1 gaLLa�d-�iwdseU�w�ow�oeco�cwtU-A.r.4oy www.vKonroeco�cwtU-A.�oy 1\4oniroe County, I lloiriida the I-lloiriida (Keys" „We may encounter many deft?ots, but wle must not be deft?oted.""Moyo Angelou 1 PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T E COUNTY 2E4�ARDIN COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO T}EE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT-TO PUBLIC DISCLOSURE. 0 Please consider the ervironrrmnt when 0cidideng whether to print this ema:aiL 2