Item N7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
October 17, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Resolution setting date, time and place for a public hearing concerning
the proposed abandonment of a drainage and utilities easement between Lots 40
and 41, Block 4, Cudjoe Gardens Second Addition, Cudjoe Key, Florida.
ITEM BACKGROUND:
Petition has been reviewed and approved by Planning, Engineering and Fire Marshal.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT I AGREEMENT CHANGES:
N/A
STAFF RECOMMENDAnONS:
Adoption of Resolution setting publiC hearing for 3:00 PM on December 19, 2001 in
Marathon.
TOTAL COST:
Petitioner pays
BUDGETED: Yes 0 No 0
COST TO COUNTY:
APPROVED BY: County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL~~
AME . HE ORICK
DOCUMENTATION: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
/-- A-'i
Petitioners Richard and Pauline Crise
- 2001
A RESOLUTION SETTING THE DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE PROPOSED ABANDONMENT OF A
PORTION OF _A DRAINAGE AND UTILITIES EASEMENT BETWEEN
LOTS 40 AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION,
CUDJOE KEY. FLORIDA
RESOLUTION NO.
WHEREAS, the Board of County Commissioners of Monroe County, Florida,
desires to renounce and disclaim any right of the County and the public in and to the
hereinafter described streets, alley-ways, roads or highways, and
WHEREAS, under Chapter 336, Florida Statutes, it is necessary to hold a public
hearing after publishing due notice of said hearing in accordance with said Chapter, now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, that the Board will hold a public hearing on December 19, 2001, at
3:00 PM at the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, to determine whether or not the Board will renounce and disclaim any right of
the County and the public in and to the following described streets, alley-ways, roads or
highways as delineated on the hereinafter described map or plat, to-wit:
FIVE FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40
AND 41, BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF
THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board on the 20th day of November, 2001.
Commissioner George Neugent
Commissioner Charles McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Nora Williams
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Mayor/Chairperson
Deputy Clerk
DATE 7- S - c)/
ROAD ABANDONMENT PETITION
PHONE 30S- 7~~_ CU):l.'
NAME 'R ic..hard and ~a..ul;l1(! C-'/"I'S.~
ADDRESS 7/ l./ SAk.lY~ U r J CvdJ D~ K#!.r J FL 33ot/:J.....-
STREET/EASEMENTto be abandoned S I ::;".s~~".: ~::-;': ~Df. ;O~ ~J.
KEY hi c> c-k. Lf) Co udJ D~ t: Q t"'dQ.~ <' :2 !.'_ acL__ , _ __ ___ q_!>~ 1"',-, ~L _
We hereby petition the Honorable Board of County Commissioners to renounce and
disclaim any right of the County and the public in and to the above-referenced street,
alleyway, road or right-of-way as further depicted and described in the following
attachments:
(Exhibit A)
Survey - Description of roadway to be abandoned and survey showing that portion marked
with diagonal lines with petitioners' property clearly delineated and outlined, and showing
all adjacent properties.
(Exhibit B)
Map of KeV on which road is located, clearly showing US 1, Mile Marker number and
portion of road to be abandoned.
(Exhibit C)
Copies of Deed(s) - Petitioners certify that they are the sole owners of Lot(s)
J{o -I- 4 J and that the abandonment of said road will not take away from other
.
property holders' right of ingress and egress to their property, and that the ~!!.!!..!2..... taxes
on their subject land have been paid. (year)
(Exhibit D)
Legal description of that portion of roadway which petitioners seek to have abandoned.
(Exhibits E-l, E-2, E-3, E-4)
letters of no objection from utility companies - including, but not limited to, water,
electricity, telephone, and cable lV.
(Exhibit F) N OV'le...
Letters of no objection from all adjacent property owners and list of names and
addresses of all adjacent property owners.
Petitioners seek the abandonment for the following reasons:
10 c;.dd Qn acld;t;t1r. -t-b OUr- hD"~~ Ok /i>f 'f/.
1
Petitioners agree to be responsible for and pay for all costs of advertising and recording
fees incurred relative to this request for the vacation.
Petitioners further agree to grant any easement necessary for the furnishing of utilities,
including without limitation, electric power, water, sewer, telephone, gas, cable and other
electric communication services to the same extent as is common within this area as to
height, width and degree, upon request for such service or by the BOCC through its
authorized agents. If easements are so required, copies of the executed documents will be
provided to the County before the petition is presented to the BOCC.
Petitioners certify that the road to be abandoned does not end at water or that, if it does,
the road is not a dedicated and accepted right-of-way (including by operation of law due to
construction or maintenance by County).
WHEREFORE, Petitioners formally request the Honorable Board of County
Commissioners to grant this petition.
[jIs personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this _~
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Typer
......../i'... LEON" T.COFFEY
/Jr.l:>r.'..~~ MY COMMISSION # CC 745614
:~: : " EXPI"E'::" May 26, 2002
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~~.....i~ Bonded lhru NolBlY Public UnderWfi\8
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PETmONER
r..1 Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this .5 day of
Type
i~:!J.'-;;R'~~ MY COMMISSION' CC 745614
:~~ ] i EXPIRES: May 26, 2002 ,
~",....., ~ BondedlhruNotaryPublicUndel'Wrilers
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DESCRIPTION
LOT 41, ALOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE
PLAT THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159,OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
EXHIBIT A
THIS SURVEY tlEETS TilE tlINItlUtl TECHNICAL STANDARDS
OF THE FLA. BOARD OF LAND SURVEYORS CIIAPTER The date oof survey vas '2.0 APR. 1~~'2.
21 HII-6, FLA. ADMINISTRATIVE CODE ACCORDING TO PROF. LAND SURVEYOR, FL CE}U-.. No.219jJ
SECTION 472.027, FLA. STATUTES. ~ I ~ ~_
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. - ~ -':' ':' DEF eLK
A298-10
R298.04
QUITCLAIM DEED
THIS QUITCLAIM DEED, Executed this 25th day of Oc tober
, 1 999 (year),
by first party, Grantor, Rober t G. C r is e
whose post office address is
P~ O. Box 532, 10881 Gaskin Ave., Gambier, OH 43022
to second party, Grantee, R i c ha r d C. C r is e
whose post office address is 714 Sawyer Dr,. Summerland Key, Fl 33042
WITNESSETH, That the said first party, for good consideration and for the sum of
Forty-two thousand five hundred Dollars ($42,500.00) paid by the said second
party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim
unto the said second party forever, all the right, title, interest and claim which the said first party
has in and to the following described parcel of land, and improvements and appurtenances there-
to in the County of Mon r oe , State of F 1 or i da to wit:
Being lot 40 in Block Four (4), Cudjoe Gardens, Second Edtion
according to Plat thereof as recorded in Plat Book 4, page 159
of the Public records of Monroe County. Florida
EXHIBIT C
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FILE: rll60390
B K It l G l 3 PC:!l "1. 6 0
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above
written. Signed, sealed and deliyered in presence of:
Sig!!::;;,f.::L ff
/f?d<-<<A(l7~
'Signature of First Party
Dfj~ )J1t/f--IL
Print n of Witness
dS/t\-.J V Th)J"Z-
Signa re of Witness
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Print ame of Witness
Robert G. Crise
Print name of First Party
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Signature"of rst Party
Mary M. Cr ise
PrintnameofF~tParty
State of l-":'h"^,~1
County of U'\.A~~
On Gc.f :J..&.., 1'1 ~'1 ~fore me,
appeared ~ t;f Gr. C 'u.4-t -"
personally known to me (or 'proyed to me" on the basis of satisfactory'evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal,
.~ .
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Signatu of Notary
PHYLLIS O. OOANE
NOTARY PUBLIC. STATE OF OHIO
~1 C6111M13Sl0N ExPIRES MARCH 27. 2003
Affiant _Known_Produce.d ID
Type of ID ()I-rJYr.AAIJ.. rA. 'fl,..[.
~ (Seal)
State of b~
County of K...~~
On W .J-G) J(11~r before me, '
appeared '-111C,t/~ 111. Cll../~(
personally known to rite (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the withip instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the,instrument.
WITNESS my hand and official seat" . . -
~\. PHYLliS O. OOANE
j J . ~ ~ / -, NOTf,RY PUBLIC. STATE OF OHIO
\-:. 'l. j .t~>1 J./. . ~/l L. MY Ci.)i,\MI3SION EXPIRES MARCH 21. ZOO]
Signa~ of Notary Affiant Known Produced ID
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Signature of Preparer
!!(\NHOE COIJNTY
OFFICIAL RECOR:2
Robert G. Criee
Print Name of Preparer
POBox 532. 10881 Gaskin Ave. Gambier, OH
Address of Preparer 43022
uo
733920
~u I 2 I I PA6[ 2 0 4 1
, L~D
..
THIS INDENTURE
Made this L.f, II~day of M H- Y , 1992, ROBERT G. CRISE, of
the. County of Knox and SCate of Ohio, party of the first part, and RICHARD C. CRISE,
County of Knox and the State of Ohio, party of the second part,
:"'6.-,,0
Witnessetb, that the said party of the first part, for and in consideration of the sum
of TEN ($10.00) DOLLARS, in hand paid by the said party of the second part, the receipt
whereof is hereby acknowledged, has remised, released and quitclaimed, and by these presents
does remise, release and quitclaim unto the said party of the second part all the right, title,
interest claim and demand which the said party of the first part has in and to the following
described lot, piece or parcel of land, situate lying and being in the County of Monroe, State
of Florida, to wit: ~ ~ a..
Monroe County, State of Florida, being lot 41 in Block Four
(4), CudJoe Gardens, Second Edition according to Plat thereof
as recorded in Plat Book 4, page 159 of the Public records
of Monroe County, Florida.
This instrumeQt was prepared without the benefit of title search or abstract. The
preparer in no way warrants title to the property conveyed herein.
THIS PROPERTY IS NOT THE HOMESTEAD PROPERTY OF THE PARTIES OF THE
FIRST PART, NOR CONTIGUOUS TO HOMESTEAD PROPERTY, AS SUCH
HOMESTEAD IS DEANED UNDER FLORIDA LAW.
To Have and to Hold the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and
claim whatsoever of the said party of the first part, either in law or equity, to the only proper
use, benefit and behoof of the said party of the second part.
In Witness Whereof, the said party of the frrst part has hereunto ~ h~~ h~and ~al
the day and year first above written. z :; rTJ
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Signed, Sealed and Delivered in Our Presence:
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ROBERT G. CRISE
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Social Security No.: ). 7~-;ZB -9B60
This is a corrective deed
,
lot 40 to lot 41.
re-recorded to correct the legal description from
733929
at u 2 " P~G[ 2 0 4 8
STATE OF OHIO
COUNTY OF KNOX
The foregoing instrument was acknowledged before me this ~ a; day of
/1//.,1 , 1992, by ROBERT G. CRISE, who is personally known
to me or who has produced iJA/o lJ/'//I'fr. L/ce /1.:5 C./ as identification and who
@lid not take an oath.
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Notary Public - State of OHIO
Conunission Number:
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Recor~d In Oft
In Me '('11' Rl!Cord D....._
"roe Counl)' F S ~
Itecohl VfI!rifiH . *'dlt
O~NNY ~. KOlHA8E
Clerk Circuit Court
LEGAL DESCRIPTION
5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 AND 41, BLOCK 4,
CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA.
EXHIBIT D
Larry Francisco
20878 5th Ave. West
Cudjoe Key, FL 33042
Date: 7/ 10 I
Cudjoe Gardens Property Association agrees to the abandonment of easement requested
by Richard C. Crise at the following property:
5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 & 41,
BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
Please return in self addresses envelope to: Richard Crise, 714 Sawyer Dr., Cudjoe Key,
FL 33042
Signed ~~ ~~ ~
i-~Q';..>J&'~+ e dPe A...
President, Cudjoe Gardens Property Association
BELLSOUTH
TELECOMMUNICAnONS @
650 United St
Key West, FL 33040
Office: (305) 296-9078
Facsimile: (305) 294-4062
July 3, 2001
Richard and Pauline Crise
714 Sawyer Dr
Cudjoe Key, FL 33042
phn:
(305) 744-0026
Subject: Abandonment of 5' Utility Easement between lots 40 and 41, Block 4, Cudjoe
Gardens Second Addition, Plat Book 4, Page 159, of Monroe County, Florida, as
described on the attached survey excluding any easement dedicated specifically to
BellSouth.
To Mr. and Mrs. Crise:
Our engineering department has reviewed the above referenced request. Presently, BellSouth has
no existing facilities nor plans to construct facilities along the area in question. BellSouth has no
objections to the abandonment of the above referenced Utility Easement.
If further assistance is needed, please do not hesitate to call, Earl Beck, at (305) 296-9078.
Thank You,
EXHIBITS E
Name:
Address:
Date: ?:> - J 2-0 I
AT &T Broadband agrees to the abandonment of easement requested by Richard C. Crise
at the following property:
5 FOOT EASEMENT FOR DRAINAGE AND UTILITIES BETWEEN LOTS 40 & 41,
BLOCK 4, CUDJOE GARDENS SECOND ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 159, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA.
Please return in self addresses envelope to: Richard Crise, 714 Sawyer Dr., Cudjoe Key,
FL 33042
Signed:
=J(<'f }.,yk- Je rll~ 0~fO -,/ tS.jl '" v'i ,;- >- ~--/? -b ]
Title: I
AT&T Broadband
1700 N, Roosevelt Blvd.
Unit #2
Key West, FL 33040
UTILITY BOARD OF THE CITY OF KEY WEST
June 12, 2001
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TELEPHONE: (305) 295-1000
POST OFFICE DRAWER 6100
KEY WEST, flORIDA 33041-6100
www.kwcityelectric.com
Mr, and Mrs, Richard Crise
714 Sawyer Dr.
Cudjoe Key, Florida 33042
RE: ROAD ABANDONMENT
Dear Mr. and:
City Electric System (CES) has no objection to the proposed road abandonment
714 Sawyer Drive in Cudjoe Gardens,
If you have any questions please feel free to contact me at (305) 295-1052.
Thank you for your cooperation in this matter.
Sincerely,
UTILITY BOARD-CITY OF KEY WEST
"CITY ELECTRIC SYSTEM"
R'}YmondfJ~~~...i9,U~Z' General Manager
I vt&4 ~U?t-/
'David 0, Price
Engineering Supervisor
DDP/ba
c:
R. Rodriguez, General Manager
C. Jansen, Asst. General Manager
D. Finigan, Director of Engineering/Control Center
File:ENG-013
Easement lettef/Cnsc
UTILITY BOARD MEMBERS:
Robert R. Padron, Chairman. Dr. Otha P. Cox, Vice-Chairman
Leonard H, Knowles, Member. Gayle Swofford, Member. Lou Hernandez, Member
.--'------.__..".__..o._.~~",._.~,._..,~,_
Post Office Box 1239
1100 Kennedy Drive
Key West, Florida 33041-1239
Telephone (305) 296-2454
"cy 'fYC:)l .
Florida Keys
Aqueduct Authority
Albert 0, Appell
Vice-Chairman
Duck Key
Mary L. Rice
Secretary- Treasurer
Marathon
Linda B, Wheeler
Key West
August 6, 2001
Harry E. Cronin
Key Largo
Roger Braun
Executive Director
Pauline Crise
714 Sawyer Drive
Cudjoe Key, FL 33042
RE: Approval for Abandonment of Easement, Lots 40 & 41, Blk. 4,
Cudjoe Gardens Second Addition
Dear Mrs. Crise:
The FKAA Board of Directors approved at the July 18th meeting, the above referenced project.
Pursuant to your request for the easement abandonment of the above-reference property, Staff
has researched your request and have no objection to the abandonment of this easement. This is
an old 5" easement for drainage and utilities that the FKAA has no need for. The watermain is
located in the right-of-way of Sawyer Drive. The applicants need the easement abandoned in
order to meet set back requirements so that they may add to their exiting home.
Should you have any questions, please do not hesitate to call this office.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHORITY
-;q;- ?~
Edgar F. Nicolle, Jr.
Distribution Design Specialist
EFN/cma
cc: Bob Feldman, General Counsel
Arlyn Higley, Director of Maintenance Dept.
Monroe County Building Department
Suzanne A. Hutton, Assistant County Attorney
J,G. "Joe" London, Fire Mars~ ~/E.. L.fJ1Jl>ON
ROAD ABANDONMENT INSPECTION:
(5ft Easement between Lots 40 & 41 Block 4, Cudjoe Gardens)
COUNTY 3MONROE
KEY WEST FLORIDA 33040
(305) 294,4641
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg,
490 - 63rd St., Ocean, Ste, 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
INTEROFFICE MEMORANDUM
DATE:
July 24, 200 I
TO:
FROM:
SUBJECT:
BOARD OF COUNTY COMMISSIONERS
MAYOR, George Neugent, District 2
Mayor Pro Tern, Nora Williams, District 4
Dixie M, Spehar, District 1
Charles "Sonny" McCoy, District 3
Murray E, Nelson, District 5
The Monroe County Fire Marshal's Office has reviewed the above referenced proposed road abandonment.
This office has no objection to the abandonment.
If the Fire Marshal's Office can be of any additional assistance in this matter, please contact our office,
cc: William D, Surina, Assistant Fire Marshal
@RoadAbdn/RoadAbdn/mw7,O
MONROE COUNTY FIRE MARSHAL'S OFFICE
MEMORANDUM
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TO:
Suzanne Hutton
Assistant County Attorney
JUL 1 8 ZDOJ
FROM:
David S. Koppel
County Engineer
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DATE:
July 17,2001
RE:
Road Abandonment Petition - easement between Lots 40 & 41,
Block 4, Cudjoe Gardens Second
We have reviewed the above-referenced request and have no objections. Please let me
know if you have any questions.
DSK/jl
RdAbEasementCudjoeGardensSecHutton.DOC
MEMORANDUM
From:
Marlene Conaway, Director of Planning
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~ JUL 2 3 2001
To:
Suzanne A. Hutton, Assistant County Attorney
Date:
July 20, 2001
Subject: Petition for Road Abandonment for of an easement between lots 40 and 41, Block 4
Cudjoe Gardens 2nd Addition, located on Cudjoe Key, Monroe County, Florida,
Descriptions
Richard and Pauline Crise, owners of lots 40and 41 Block 4 Cudjoe Gardens 2nd Addition
Subdivision, Cudjoe Key, Monroe County, Florida, have petitioned the Board of County
Commissioners to abandon an easement between lots 40 and 41 block 4 Cudjoe Gardens. 2nd
Addition Subdivision.
The Applicants are requesting the easement abandonment so that they can build an addition to
their single family residence on lot 40 block 4 that will extend over and into lot 41 block 4,
The legal description of the easement is: "see attachment A"
Staff Review
A review of our records and an on-site inspection of the subject property revealed the following:
1, The easement for lots 40 and 41 block 4 was deeded to Monroe County by Cudjoe Gardens
Subdivision recorded in Plat Book 4 Page 159, public records of Monroe County, Florida,
2. Richard and Pauline Crise are the current owners of lot 40 & 41 Block 4. A Property Record Card
supplied by the Applicants indicated that the lots were combined on June 11, 2001,
3. The proposed easement abandonment site is between lots 40 and 41 block 4 of the Cudjoe
Gardens 2nd Addition Subdivision. The Monroe County Land Use District Map indicated the property
is zoned Improved Subdivision (IS). The Future Land Use designation is Residential Medium,
4. Letters of No Objection has been received from Bell South Telecommunications, AT&T Broadband,
City Electric System, and the Cudjoe Gardens Property Association, None of the utilities indicated
that they would ever construct facilities along the area between lots 40 and 41 block 4,
5, A site visit revealed that the area between lots 40 and 41 block 4 of the Cudjoe Gardens 2nd
addition is heavily over grown with trees and scrubs, No evidence of any utilities in the area,
Conclusions:
Richard Crise Road Abandonment
RE# 00174210-000000
Page 1 of 2
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1, The proposed easement abandonment of lots 40 and 41 block 4 would allow the Applicants to put
an addition on their Single Family Residence on lot 40 that would extend into lot 41. The Applicants
have aggregated the lots.
2, The Applicants has received Letters of No Objections from Bell South Telecommunications, Florida
Keys Electric, AT&T Broadband and the Cudjoe Gardens Property Association,
3, A letter of no objection is needed from the Florida Aqueduct Authority,
4, The easement abandonment will not create non-conformity to setbacks on any of the subject
properties.
5. The easement does terminate on a body of water however it is not a right of way therefore it is not
required to meet the requirements of Monroe County Code Section 16-1a,
Recommendation
Based on the preceding conclusions, staff recommendations APPROVAL of the request for
easement abandonment.
cc: Fred Gross, Island Planning Team Director
Aref Joulani, Senior Planner
Thomas J, Tumminia, Senior Planning Tech
Page 2 of 2
Richard Crise Road Abandonment
RE# 00174210-000000