Item Q1
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Monroe County,
Florida, will hold a public hearing on July 26, 2000, at 3:00 PM, at the Truman School
Harvey Government Center, 1200 Truman Avenue, Key West, Florida, for the purpose of
determining whether or not the following streets, alley-ways, roads or highways shall be
abandoned:
PARCEL A
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-
FIFTH ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE
NORTHWESTERLY CORNER OF LOT 4, BLOCK 2, AS RECORDED IN SAID KEY
HAVEN-FIFTH ADDITION; THENCE RUN N 29029'10" E. A DISTANCE OF
25.00 FEET TO A POINT ON THE CENTERLINE OF SAID BAMBOO TERRACE;
THENCE RUN ALONG SAID CENTERLINE THE FOLLOWING TWO COURSES:
THENCE RUN S 60030'50" E, A DISTANCE OF 49.05 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY
HAVING A RADIUS OF 580.00 FEET AND HAVING A CHORD BEARING OF N
81039'54" E AND A CHORD DISTANCE OF 16.94 FEET; THENCE RUN ALONG
THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF 1040'24", AND ARC
DISTANCE OF 16.94 FEET TO A POINT ON A NON-TANGENT LINE; THENCE
RUN S 4030'36" W, A DISTANCE OF 25.58 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY BOUNDARY LINE OF SAID BAMBOO TERRACE
AND THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 555.00 FEET AND HAVING A
CHORD BEARING OF S 80056'31" W AND A CHORD DISTANCE OF 19.57
FEET; THENCE RUN ALONG SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY
LINE THE FOLLOWING TWO COURSES: THENCE ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 2001'13", AN ARC DISTANCE OF
19.57 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN ALONG
SAID NON-TANGENT LINE N 60030'50" W, A DISTANCE OF 57.93 FEET TO
THE POINT OF BEGINNING SAID PARCEL CONTAINING 1794 SQUARE
FEET, MORE OR LESS.
PARCEL B
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-
FIFTH ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE
PUBLIC RECORDS OF MONROE COUNTY, FLORIDA, AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHWESTERLY CORNER OF LOT 4, BLOCK 2, AS RECORDED IN SAID KEY
HAVEN-FIFTH ADDITION; THENCE RUN N 29029'10" E, A DISTANCE OF
25.00 FEET TO A POINT ON THE CENTERLINE OF SAID BAMBOO TERRACE,
SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUE N
29029'10" E, A DISTANCE OF 25.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY BOUNDARY LINE THE FOLLOWING TWO COURSES: THENCE
RUN S 60030'50" E, A DISTANCE OF 40.39 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF
605.00 FEET AND HAVING A CHORD BEARING OF N 82020'08" E AND A
CHORD DISTANCE OF 14.13 FEET; THENCE RUN ALONG THE ARC OF SAID
CURVE HAVING A CENTRAL AN~LE OF 1020'18", AN ARC DISTANCE OF
14.13 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN S 4030'36"
W, A DISTANCE OF 25.54 FEET TO A POINT ON THE CENTERLINE LINE OF
SAID BAMBOO TERRACE AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 580.00 FEET AND
I..a I
HAVING'A CHORD BEARING OF S 81039'54" W AND A CHORD DISTANCE OF
16.94 FEET; THENCE RUN ALONG THE CENTERLINE OF SAID BAMBOO
TERRACE THE FOLLOWING TWO COURSES: THENCE ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 1040'24", AN ARC DISTANCE
OF 16.94 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN ALONG
SAID NON-TANGENT LINE N 60030'50" W, A DISTANCE OF 49.05 FEET
BACK TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 1506
SQUARE FEET, MORE OR LESS.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
decided to appeal any decision made by the Board with respect to any matter considered at
such hearings or meetings, he will need a record of the proceedings, and that, for such
purpose, he may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
Dated at Key West, Florida, this 26th day of June, 2000.
(SEAL)
DANNY L. KOLHAGE,Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication date:
Key West Citizen
7/7/00
" '~ ..
, .. h.~
i .f."J .
TJ Koenig and RB White, Petitioners
RESOLUTION NO.
- 2000
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, RENOUNCING AND DISCLAIMING ANY RIGHT OF THE COUNTY AND
THE PUBLIC IN AND TO A PORTION OF BAMBOO TERRACE, KEY HAVEN
SUBDIVISION. FIFTH ADDITION. MONROE COUNTY. FLORIDA
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, due notice has been published and a public hearing has been held in accordance
with Chapter 336, Florida Statutes, and
WHEREAS, at said public hearing the Board considered the argument of all parties present
wishing to speak on the matter, and all premises considered concerning the renouncing and
disclaiming of any right of the County and the publiC in and to the hereinafter described streets,
alley-ways, roads or highways as delineated on the hereinafter described map or plat, and
WHEREAS, the Board has determined that vacation of the said road is for the general publiC
welfare, and conforms to the requirement of Florida Statutes Sec. 336.09 and Sec. 336.10, now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Board hereby renounces and disclaims 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:
PARCEL A
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-FIFTH
ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLY CORNER OF LOT
4, BLOCK 2, AS RECORDED IN SAID KEY HAVEN-FIFTH ADDITION; THENCE
RUN N 29029'10" E. A DISTANCE OF 25.00 FEET TO A POINT ON THE
CENTERLINE OF SAID BAMBOO TERRACE; THENCE RUN ALONG SAID
CENTERLINE THE FOLLOWING TWO COURSES: THENCE RUN S 60030'50" E, A
DISTANCE OF 49.05 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVI~G A RADIUS OF 580.00 FEET AND HAVING
A CHORD BEARING OF N 81039'54" E AND A CHORD DISTANCE OF 16.94
FEET; THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL
ANGLE OF 1040'24", AND ARC DISTANCE OF 16.94 FEET TO A POINT ON A
NON-TANGENT LINE; THENCE RUN S 4030'36" W, A DISTANCE OF 25.58 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY BOUNDARY LINE OF SAID
BAMBOO TERRACE AND THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 555.00 FEET AND HAVING
A CHORD BEARING OF S 80056'31" W AND A CHORD DISTANCE OF 19.57
FEET; THENCE RUN ALONG SAID SOUTHERLY RIGHT-OF-WAY BOUNDARY
LINE THE FOLLOWING TWO COURSES: THENCE ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 2001'13", AN ARC DISTANCE OF
19.57 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN ALONG
SAID NON-TANGENT LINE N 60030'50" W, A DISTANCE OF 57.93 FEET TO
THE POINT OF BEGINNING SAID PARCEL CONTAINING 1794 SQUARE FEET,
MORE OR LESS.
PARCEL B
A PARCEL OF LAND BEING A PART OF BAMBOO TERRACE, KEY HAVEN-FIFTH
ADDITION, AS RECORDED IN PLAT BOOK 5, PAGE 10, OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERLY CORNER OF
LOT 4, BLOCK 2, AS RECORDED IN SAID KEY HAVEN-FIFTH ADDITION;
THENCE RUN N 29029'10" E, A DISTANCE OF 25.00 FEET TO A POINT ON THE
CENTERLINE OF SAID BAMBOO TERRACE, SAID POINT BEING THE POINT OF
BEGINNING; THENCE CONTINUE N 29029'10" E, A DISTANCE OF 25.00 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY BOUNDARY LINE THE
FOLLOWING TWO COURSES: THENCE RUN S 60030'50" E, A DISTANCE OF
40.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 605.00 FEET AND HAVING A CHORD
BEARING OF N 82020'08" E AND A CHORD DISTANCE OF 14.13 FEET;
THENCE RUN ALONG THE ARC OF SAID CURVE HAVING A CENTRAL ANGLE OF
1020'18", AN ARC DISTANCE OF 14.13 FEET TO A POINT ON A NON-TANGENT
LINE; THENCE RUN S 4030'36" W, A DISTANCE OF 25.54 FEET TO A POINT
ON THE CENTERLINE LINE OF SAID BAMBOO TERRACE AND THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS
OF 580.00 FEET AND HAVING A CHORD BEARING OF S 81039'54" W AND A
CHORD DISTANCE OF 16.94 FEET; THENCE RUN ALONG THE CENTERLINE OF
SAID BAMBOO TERRACE THE FOLLOWING TWO COURSES: THENCE ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 1040'24", AN ARC
DISTANCE OF 16.94 FEET TO A POINT ON A NON-TANGENT LINE; THENCE
RUN ALONG SAID NON-TANGENT LINE N 60030'50" W, A DISTANCE OF 49.05
FEET BACK TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 1506
SQUARE FEET, MORE OR LESS.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting of the Board on the 26th day of July, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
jdroadresadopt
By
APPROVED AS TO FORM
AND lEGAL SUFFICI Y.
BY
Deputy Clerk
Mayor/Chairman
ROAD ABANDONMENT PETITION
DATE //-/Z- - r0
NAMER,pcot?~ ~ '
ADDRESS .. 'tl-~ . t;r-tUc., h /()z1t!2 ??O</4J
STREET /EASEMENT /ETC} _ / / R. --- / J /
(to be abandoned) i, fllrf7t1)t (ill I:/~J-/r~e/ /l7'~
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
street. alleyway, road or highway as 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 island/key 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) II I it2.~./
Petitioners certify that they are the sole owners of Lot(s) d~ i.fb-f 7 ffJ" 'i
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 19~ taxes on
their subject land have been paid.
(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, cable TV.
(Exhibit F) - Letters of no objection from all adjacent property owners and
list of names and addresses of all adjacent property owners.
Peti' ners seek the aba
'/ ~
/J/AL1'1dffn (/1P/j f of I d /It? f tided tJd' a I Pbl-c/ Zl- j,-1
lr:;:;~4 ~:;:;~::::<~~/~r;~Zdd
!J~-/o hdV& He- f'rt>fk!1Jr~&(:50 Md f U/l
0~ 1/ I a714 Mt41/1zv17 ffe,tfrlfe/&.
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 Board of County Commissioners 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 requests the Honorable Board of County
Commissioners to grant this petition, p ~J~
PETITIONER ~
M Is personally known to me.
r ] Provided as identification
teJ;/~, 199~,7
.-",t
~1I""" .... .
1.: ~~ MY COMMISSION' CC 577980
~ t;} EXPIRES: Ncmmblr 7.2000
... "ft.'f>~ BondIId 1bnI NoIIry NIle lftlIrMIlIII
Typed Notary Name and Number
PETITIONER
r ] Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
...
. .
ROAD ABANDONMENT PETITION
DATE
11/12/96
NAME
Timo~hq J. Koeniq
8 Bamboo T~ce, Key W~~, FL 33040
ADDRESS
STREET/EASEMENT/ETC.
(to be abandoned) A poJr..t.,Lon 06 Bamboo TeNLa.ce, Ke~ Havevr.
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
street. alleyway, road or highway as 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 island/key 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) Lo~ 4, Block. 2 06 Key ~aXaa.Ji~vr.
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 19..l.L taxes on
their subject land have been paid.
(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, cable TV.
(Exhibit F) - 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:
The poJr..t.,Lovr. 06 ~he /toad wfU.ch I am /tequ.~tivr.g abandoYl.l1len.t 06 -i.A vr.o~
Med a..6 a /toad. I~.iA CO~OM wdh avr.d adjo.<.n6 mlj p/topeJt,tlj.
The p/to peJt,t1j .iA QU.vLJ1!wwn and 6u.ll 06 deblli. I would lik.e ~o have
~he p/to peJt,t1j abavr.do ned, .6 0 ~ha-t I cavr. owvr. avr.d main.taivr. ~he p/to peJt,t1j .
1 of 2
.,
." " ...;.
Petitioners agree to pe 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 Board of County Commissioners 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 requests the Honorable Board of County
Commissioners to grant this petitio:/
0"ls personally known to me.
[ ] Provided as identification
.'d-
II ~
Sworn 10 and subscribed before me this L.L.- day of
~'i~!/'r~~ MARY L. VIDAL
~*:A':*~ MY COMMISSION' CC437643 EXPIRES
~. .~- U_-'- 6 1999
~~i.z~ .......11 .
.......',Rr.X:\"....... BONDED lHRU TIIJY FAIN INSURANCE. nc.
"7
h/;ru~ . 199}.
~ cJJ~
Notary Signature and Seal
Typed Notary Name and Number
PETITIONER
[ ] Is personally known to me.
[ ] Provided as identification
Sworn to and subscribed before me this
day of
,1995.
Typed Notary Name and Number
Notary Signature and Seal
2 of 2
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LEGEND
MHWl - MEAN HIGH WATERLINE
BEAR - BEARING
DIST - DISTANCE
POB - POINT OF BEGINNING
POC - POINT OF COMMENCEMENT
R/W - RIGHT OF WAY
CBS - CONCRETE WALL
Cl - CENTERLINE
J
TREE LEGEND
<D MANGROVE
~ SEAGRAPE
C) COCONUT
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EXHIBIT B
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,'ELDMAN & KOENIG, P.A.
417 EATON STREET
KEY WEST, FL 33040
9/4898
U,:f
REC / 3 7 I, PAGEQ 7 8 3
Property Appraisers Parcelldentificalion (Folio) Numbers:
00136010-000000
Grantees 55 Is:
SPAce ABOVE nus LINE FOR RECORDINO DATA
THIS WARRANTY DEED. mada tha 13th day 01 October, A.D. 1995 by ROBERT A. CHIMENTI and
SHARON MARIE CHIMENTI, flk/a as SHARON MARIE ELLIOT EMBRY husband and wife herein
called the grantors. 10 TIMOTHY J. KOENIG and KELLY J. KOENIG, husband and wife whose post
ollice address Is: 417 Eaton Street, Key West, FL 33040, herelnaller called Ihe Grantees:
(Wh.r.....r u..d h'f.1n Ih, ,.rm. -,r'nlo,- and .Of.nl.,- Includ. II Ihe pIrll,. 10 Ihl, In"fumenl .nd 'hi h...... 11'" ,.pl...nl.U..... and ...Ignl
01 Indlwkh"'I, and Ihe IUec...orf .nd ...Ignl 01 corpor.llona)
WIT N E SSE T H: ThaI the granlors, fo, and in conslderallon ollhe sum of TEN AND OOll00'S ($10.00)
Dollars and other vak.lable conslderallons. receipt whereof is hereby acknowledged. hereby grants. bargains. sells. aliens,
remises, releases. conveys and confirms unlo the grantee all thaI carlain land slluate in Monroe County. Slale of Florida,
vlz:
SEE SCHEDULE "A" ATTACHED
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TOGETHER, wilh alllhe lenemenls, heredilaments and appurtenances Iherelo belonging or in an~~ise appert69ng.
TO HAVE AND TO HOLD, Ihe same in fee simple forever.
AND, Ihe granlors hereby covenanl wilh said grantees thai the granlors islare lawfully seized 01 said land in fee simple;
Ihat the granlors have good right and lawful authority 10 sell and convey said land, and hereby warrant the Ulle to seld
land and will defend the same egainsl the lawful cleims 01 all persons whomsoever; and that said land is fraa of all
ancumbrances, except laxes accruing subsequenl 10 December 31, 1994.
IN WITNESS WHEREOF, Ihe said grantors have signed and sealed these presenls Ihe day and year first above
wrillen.
Signed, sealed and delivered in the presence 01:
G:;:t~,ofr1. ~L,
ROBERT A. CHIMENTI
~Memphls,TN 38117
4471 Normanay
L.S.
~(I'(d\c~,t1~~~(Jft0t)21J);' L.S.
SHARON MARin IMENTI
~ Memphis, TN 38117
4471 Normandy
(V\o,(171!J
Prinled Si\:nature
STATE OF TENNESSEE
COUNTY OF <5Itu/t,/
The foregoing inslrumenl was acknowledged belore me this /37'tt: day of ~ , 19 C;r::- by
ROBERT A. CHIMENTI and SHARON MARIE CHIMENTI who islare personally known to me or have prq~~ced }
/J fA:- . __ as Idenlificalion and (lid (did nOI) lake(1oalh' , '- ...., l'
'SEAL - I , f... 'Il, '\',:, >:....".:'. .<' . ..'
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Prinled Nolary Signal~r~'^-::,;,;;..;.~ .:!::,~; ..,'. . :~ . '. !;::;-:: /' ..'
My Commission Expires:':" ',i__ _ ",,,;,..:, '., ,:.. ~~ ....~. ,.;"~'
My C..:JiTl~liS$i(;n E~rJ"'iii:!:*a~11o,Q?,;~~;;j~:"
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914890
flU I 3 7 t! PAGED 7 8 4
SCHEDULE "A"
Lot 4, Block 2, of KEY HAVEN FIFTH ADDITION, according to the
plat thereof, as recorded in Plat Book 5 at Page 10 of the Public
Records of Monroe County, Florida;
LESS AND EXCEPT the East 30 feet of the said Lot 4, more
particularly described as follows:
Begin at the Northeast corner of the said Lot 4 and run thence
Southerly along the East line of the said Lot 4 a distance of 100
feet; thence run Westerly along the curved South line of said Lot
4, having a radius of 455 feet and an arc distance of 30 feet;
thence run Northerly parallel to the East line of said Lot 4 a
distance of 100 feet to the North line of said Lot 4; thence run
Easterly along the curved North line of said Lot 4, hav~ng a
radius of 555 feet and an arc distance of 30 feet back to the
Point of Beginning.
r.'/1 Ial r\......,.
f~\l.d I.~ V' c r-It.rl~I'
)1\ Il'l\h.l"'l \.:;;dlI~
Record \"lr1;;i 1.. "-OL~N)r.
D/'J " CI~I~ e,.,_rt
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..... In,.rum.... Prep.,.d by and A.'urn to:
;:ELDMAN & KOENIG, P.A.
417 EATON mET
KEY WEST, FL 33040
914898
'~i~ I 3 7 I, PAGEQ 7 8 3
SPACE AIIOYE THIS LINE FOR RECORDING OATA
o:'~ ~~O~~ .{~,~.r;~
'il~fU.({,lO: (>::.,jj In L.
~/,'<CN<. cr.
. 4 ( ......... .IA,
---- ~--'_..----
Property Appraisers Parcel IdentRicallon (Folio) Numbers:
00136010-000000
Grantees SS Is:
THIS WARRANTY DEED, made the 13th day 01 October, A.D. 1995 by ROBERT A. CHIMENTI and
SHARON MARIE CHIMENTI, flk/a as SHARON MARIE ELLIOT EMBRY husband and wife herein
called the grantorl, to TIMOTHY J. KOENIG and KELLY J. KOENIG, husband and wife whOle pOlt
011lc8 address Is: 417 Eaton Street, Key West, FL 33040, herelnaller called the Grantees:
(Whet..... Uled h....1n thl 'elme .......01. and -vrlnl..- Include .. th' p.rll,. 10 Ihl, "','".m"' and .... h...... I'ga' II"" Inlall." and ...lln,
01 Indtvklu.... and Ih, .vee...or. Ind ...&gn. o' corpor.tlon,.
WIT N E SSE T H: Thai the grantors, lOt' and In conllderallon 01 the lum 01 TEN AND OOIloo'S ($10.00)
Dollars and other vaklable conllderallons. receipt whereolla hlll8by acknowledged, hereby grantl; bargalnl, lelll, alieni,
remises. releases, conveyl and conllrms unto the grantee .. that certain land snuate In Monroe County, Slate 01 Florida,
vtz:
SEE SCHEDULE "A" ATTACHED
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TOGETHER, wfth an the ten8l1l8l1ts, heredRaments end appurtenances thereto belonging or In a~lali .apPert69ng.
TO HAVE AND TO HOLD, the same In '" simple lorever.
AND, the ll'antOls hereby covenant wRh said grantees thai the grantors lsIare Iawlully seized 01 said land In 'ee simple;
that the grantors have good right and lawful authorRy to sell end convey said land. and hereby warranl the Ulle to said
land and will delend the same against the Iawlul claims 01 all persons whomsoever; and that said land Is Iree 01 all
encumbrances, except taxes accruing subsequent 10 December 31, 1994.
IN WITNESS WHEREOF, the said granlors have signed and sealed these presenls the day and year Iltsl above
wrtllen.
Signed, 1..1ed end delivered In the presence 01:
at~-of~. ~L.
ROBERT A. CHIMENTI
~Memphls,TN 38117
L.S.
j ( 'III" ....1. 4./0.. L!-'V
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ICHAez... p. Moe6M'i
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~r~ifI(pJ~~!i'L.S.
SHARON MARl IMENTI
~ Memphis, TN 38117
4471 Normandy
tVIo~
STATE OF TENNESS~r
COUNTY OF ~#U~l-
The loregolng Instrument was acknowledged belore me this 137ft day 01 ~
ROBERT A. CHIMENTI and SHARON MARIE CHIMENTI who Is/er& personally known
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Printed Notary Slgnalure' ,;~<;~,;;..,~;r..,::; _:. ...:., .:..::. ~";:'; c<
My Commission Explres:"~" ':.;~ 'r";';r::/v,~":.l .?~,.:.i'1Ji
My C-ommisslon ~~,r~~l@~~(!!t~~;~~fi:;
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. SEAL ..~
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OFF
REC I 3 7 L ~
,0784
SCHEDULE "A".
Lot 4, Block 2, of KEY HAVEN FIFTH ADDITION, according to the
plat thereof, as recorded in Plat Book 5 at Page 10 of the Public
Records of Monroe County, Florida;
LESS AND EXCEPT the East 30 feet of the said Lot 4, more
particularly described as follows:
Begin at the Northeast corner of the said Lot 4 and run thence
Southerly along the East line of the said Lot 4 a distance of 100
feet; thence run Westerly along the curved.South line of sai~ Lot
4, having a radius of 455 feet and an arc distance of 30 feet;
thence run Northerly parallel to the Bast line of said Lot 4 a
distance of 100 feet to the North line of said Lot 4; thence run
Easterly along the curv~ North line of said Lot 4, ha~ing a
radius of 555 feet and an arc distance of 30 feet back to the
Point of Beginning.
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,llad" thi.1 9th day of ~,
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,I. D. 19 80,
0/ :Ilt CUlltltp of foU\roe, in. thl: Statf: 0/ Florida,
party of tM prllt pari. a.nd R. 8:F(X.1<S \'!taTE. 4 sin:lle man over the aqe of ei9htaen
(18) years, whoSe rra:.linq addTess is P. O. E\clc 4137, Kt!!f west, Florida 33040,
0" Ih.. COllnly ,,/ ~oe,
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lIiI' $'Cltl 0/ CNE Ht.N)pf'J nJ'TY ~ - - - - - - - - - - - - - . - - - .Dollars.
If) him ill I",,,rl p<l;tl bel tilt :m;d part!1 of tll,' $t!('"nd pari. tllll ruc'ipl It:lrcrC'o{ ;.~ "~1'f:6!1
'1C'J.:"'JldnI1C'd. II(~.,' tf'fl,'ftt'd.lxrrttli.lIf'd ,1'lIi sold tn Ou $aill {ltl,.f!1 .,; tllr. :lll('ond part
Ill.,' /),-ir:< flI/et ".~.~i4n,~ ftlN'I";', III" fi)llo".in~ rlrllcrilJ,ori L,IICd, _~ifllnlr l!lilld "n(i fH'i.llt ira
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,\ ~':<.lC't of l.Ots b an::! 7, Bled( 4, I<l:-.... 1U\~ - ro"Dl NDmOO, according to the put
I c.:1~:.OO( r~am1Ad in Plat Book 5, .le. Page 10. of U\e Public Fecotds of l'bnroe County,
~ FlC)rlci:l: rror-e !""1rticularly described. as follOolS:
'~'<!ir. .::t ~,,~ l'<lrtlr..oest CXl~r of said LDI; 6 an:l run thence in a southlocsterly dlleCti.
".lcnq the :.k)Tth~3t b'~ oC said Lot 6, CiI distaree of 100 foilet to the So.J~t
(."'Oc,...er of said Lot 6; therce :cun i11 a SOUtheasterly ai n:etion alone] the SOUthweSt
:"''1I,:''uar/ uf sr\.id lot 6 .w Lot 7, a distance of 87.69 f<<:t; thence run in a 5o.1theaSt- .
l..:dy LLlre<:t.iOl'l ~lon<J a C\.u-...~.:, ooncaw to the SOIJt:."le.-wt, navi.!'"I.1 a Radius of 60S feet,
,;\..-...: ~C' disc.arct! of 25 f~t: thence run in a ~rthwesterly d.i~on, a distarce of
~1J1I <'!E't, rmC'c or less. to a p:.int on the Nort.hcasterly bo.Jr'a:lAry of soiLid LDt 6. said
1..)l:1t ~a~ South 60. )1)' 5C~ East a.NJ 44 f~t dls".MIt trcm t.hP. No~t c:orner of
,;.Ii.: :OL 6; ll\l..'r. t"Ul' So.lt'tr. ~O..lC' SO" ~~t, i1 ,jL!ltA\,'<,,~ or H C'.;,..:<L ~ to the Point o!
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LEGAL DESCRIPTION
PARCEL A
A parcel of land being a part of Bamboo Terrace, Key Haven-Fifth Addition, as recorded in
Plat Book 5, Page 10, of the Public Records of Monroe County, Florida, and more particularly
described as follows: BEGIN at the Northwesterly corner of Lot 4, Block 2, as recorded in said
Key Haven-Fifth Addition; thence run N 29029' 10" E. a distance of 25.00 feet to a point on the
centerline of said Bamboo Terrace; thence run along said centerline the following two
courses: thence run S 60030'50" E, a distance of 49.05 feet to the beginning of a non-
tangent curve concave Southwesterly having a radius of 580.00 feet and having a chord
bearing of N 81039'54" E and a chord distance of 16.94 feet: thence run along the arc of
said curve having a central angle of 1040'24", and arc distance of 16.94 feet to a point on a
non-tangent line: thence run S 4030'36" W, a distance of 25.58 feet to a point on the
Southerly right-of-way Boundary Line of said Bamboo Terrace and the beginning of a non-
tangent curve concave Southwesterly having a radius of 555.00 feet and having a chord
bearing of S 80056'31" Wand a chord distance of 19.57 feet: thence run along said
Southerly right-of-way Boundary Line the following two courses: thence along the arc of said
curve through a central angle of 2001' 13", an arc distance of 19.57 feet to a point on a non-
tangent line; thence run along said non-tangent line N 60030'50" W, a distance of 57.93 feet
to the Point of Beginning Said parcel containing 1794 square feet, more or less.
PARCEL B
A parcel of land being a part of Bamboo Terrace, Key Haven-Fifth Addition, as recorded in
Plat Book 5, Page 10, of the Public Records of Monroe County, Florida, and more particularly
described as follows: COMMENCE at the Northwesterly corner of Lot 4, Block 2, as recorded
in said Key Haven-Fifth Addition; thence run N 29029' 10" E, a distance of 25.00 feet to a point
on the centerline of said Bamboo Terrace, said point being the POINT OF BEGINNING: thence
continue N 29029' 10" E, a distance of 25.00 feet to a point on the Northerly right-of-way
Boundary Line the following two courses: thence run S 60030'50" E, a distance of 40.39 feet
to the beginning of a non-tangent curve concave Southwesterly having a radius of 605.00
feet and having a chord bearing of N 82020'08" E and a chord distance of 14.13 feet;
thence run along the arc of said curve having a central angle of 1020' 18", an arc distance
of 14.13 feet to a point on a non-tangent line; thence run S 4030'36" W, a distance of 25.54
feet to a point on the Centerline Line of said Bamboo Terrace and the beginning of a non-
tangent curve concave Southwesterly having a radius of 580.00 feet and having a chord
bearing of S 81039'54" Wand a chord distance of 16.94 feet; thence run along the
Centerline of said Bamboo Terrace the following two courses: thence along the arc of said
curve through a central angle of 1040'24", an arc distance of 16.94 feet to a point on a non-
tangent line: thence run along said non-tangent line N 60030'50" W, a distance of 49.05 feet
back to the Point of Beginning Said parcel containing 1506 square feet, more or less.
EXHIBIT D
Jj.J.,N-l:::>-:;:j( 1l.V I.O~ rr<:UII
UTILITY BOARD OF TI n.
. OF f<EY VI/EST
POST OFFICE DRAWER 6100
TEL[;PHONE {:;OJ) 295.1000
KEY WEST. FLORIDA 3301;11-6100
January 10. 1997
Mr. Timothy Koenig
1315 Whitehead Street
Key West, Florida 33040
RE: ROAD ABANDONMENT
Dear Mr. Koenig:
City Electric System has no objec.1r'
attached survey. provided that th8 .~. i ,;'-"
Electric System. City Electric Sys~ ,"
easement.
. '. fJroposod abpr;' :c>nment as per
. ':{8cutes an op:J~ment with CIty
. ..;J need a GQP)' Cli the recorded
If you have any questions. pleasnjr.,,: .
. .tact mn. 8i (2~-< I 295-1045.
Sincerely,
UTILITY BOARD-CITY OF KEY wr~~'.'
uCITY ELECTRIC SYSTEM"
Larry J. Thompson, General Man8.o::-
~ eu:r
Patrick M. Cates
Engineering Supervisor
PClba
c:
L. Thompson, General Manager
R Rodriguez, Asst, General Man~;~
D. Finigan, Director of Engineerin(,
Desiree Peacock, Monroe County
v File: ENG-006
r-2-
UTILITY BOt..!" ," ""::RS:
. Robert R. Padron, Chalrlw:n . :. " "nold. Vlcc-Ch....I!";.'~.In
~~Cox, Member' Leonard H. Kno"!!- " ,_. . John H. ROi)';;::()f1. Jr" Member
--
1':'/ld/::J6 12:59
KEY~ST ~~G ~ 1 305 292 4877
,
NO.963 .P001
@ BELLSOUTH
Bel/Saudi Telecommunications. Inc.
650 United Street
Key Wes!. Florida 33040
Armando Busto
Manager-Engineering
November 15TH, 1996
Mr. Timothy J. Koenig
Feldman & Koenig P.A.
417 Eaton St.
Key West, Florida 33040
(305) 296-8851
RE: Road Abandonment Petition
for Bamboo TeL. Key Haven. FI.
Dear Mr. Koenig:
Pursuant to the above request to abandon a portion of roadway, located in Parcel A
& B, of Bamboo terrace, Key Haven, Florida. Bel/South has no objections to the
abandonment as long as there is a utility easement recorded granting us ten (, 0)
feet along said property for future facilities. If you should have any questions, feel
free to contact me at (305)296-9078.
Si nc;,erely,
~~.r
Orlando R. Buitrago, Specialist/O.S.P.E.
~-3
-
We're taking television
into tomorrow.
e. TCI Cablevision of Florida. Inc.
November 18, 1996
Feldman & Koenig, P.A.
Attorneys at Law
417 Eaton Street
Key West, Florida
33040
RE: Road Abandonment Bamboo Terrace
Dear Mr. Koenig,
TCI CABLEVISION OF FLORIDA, INC. does not have any conflicts with
the road abandoment at the end of Bamboo Terrace described in the
survey as Parcel A and B.
If you have any further questions please feel free to contact me at
296-6572.
Sincerely,
~BL~OF FLORIDA, INC.
Jerry7:uto, Project Manager
z-4-
1700 North Roosevell Boulevard
Key Wesl. Florida 330407255
(305) 296-6572
FAX (305) 296.9620
An Equal OpPor1unity Emplover
-
We're taking television
into tomorrow.
... TCI Cablevision of Florida, Inc.
November 18, 1996
Feldman & Koenig, P.A.
Attorneys at Law
417 Eaton Street
Key West, Florida
33040
RE: Road Abandonment Bamboo Terrace
Dear Mr. Koenig,
TCI CABLEVISION OF FLORIDA, INC. does not have any conflicts with
the road abandoment at the end of Bamboo Terrace described in the
survey as Parcel A and B.
If you have any further questions please feel free to contact me at
296-6572.
Sincerely,
~BL~ OF FLORIDA, INC.
Jerry7:uto, Project Manager
z-tf
1700 Norll1 Roosevell Boulevard
Key Wesl, Florida 33040.7255
(305) 296.6572
FAX (305) 296.9620
An Equal Opportunity Employer
O.'!~Y~~~E
(305) 294-<1641
'-.' ---- BOARD OF COUNTY COMMISSIONERS
MAYOR Keith Douglass, District 4
Shirley Freeman, District 3
Jack London, District 2
Wilhelmina Harvey, District 1
Mary Kay Reich, District 5
FIRE MARSHAL'S OFFICE
Marathon Gov't Annex Bldg.
490 - 63n1 St., Ocean, Ste. 160
Marathon, FL 33050
(305) 289-6010
(305) 289-6013 FAX
.
INTEROFFICE MEMORANDUM
DATE:
March 20, 1997
TO:
Suzanne A. Hutton, Assistant Co
FROM:
Joe London, Fire Marshal
SUBJECT:
ROAD ABANDONMENT EON:
Portion of Barnboo Terrace, Key aven
An inspection of the above referenced property, proposed for abandonment, has been conducted by the Monroe County
Fire Marshal's Office. 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, Fire Inspector
bambooterrkh/mw7.0
r~ (jji yT~l'[J';
l~ U L2;: 'L __.J
MEMORANDUM
TO: Suzanne Hutton,
Assistant County Attorney
FROM: David S. Koppel .IN
County"Engineer dill'-
DATE: March 20, 1997
RE: Road Abandonment Application
Portion of Bamboo Terrace, Key Haven
We have reviewed the referenced petition and have no
objections contingent upon the determination whether or not
the right-of-way goes to open water.
DSK/jl
BTRA.SH
rn!"? '-"
1 :~c i'J:p~)ii
MEMORANDUM
To
From:
Suzanne Hutton
Timothy McGarry, ACIP, Planning Direc~~
Barbara Bacon, Planning Technician ~~~
19 March 1997
Through:
Date:
Re
Petition for Road Abandonment
Bamboo Terrace, Key Haven, Raccoon Key
Timothy J. Koenig, property owner of a part of Lot 4 Block 2, of
Key Haven 5th Addition, and Brooks White, property owner of a
part of Lots 6 and 7, Block 4, Key Haven 5th Addition have peti-
tioned the Board of County Commissioners to abandon a portion of
the end of Bamboo Terrace. Mr. Koenig and Mr. Brooks seek this
abandonment because the area is overgrown and full of debris.
They would like to obtain ownership and thereby maintain the
property.
Leqal Descriotion
The segment of Bamboo Terrace right-of-way proposed for abandon-
ment lies between a part of Lots 6 & 7, Block 4 and a part of Lot
4, Block 2 of Key Haven Fifth Addition, Raccoon Key.
Staff Review
A review of our records and an on site inspection of Bamboo Ter-
race revealed the following:
1.
(IS) .
(RM) .
parcel
north.
Key Haven Subdivision is zoned Improved Subdivision
The Future Land Use designation is Residential Medium
The proposed abandonment site is adjacent to Mr. Koenig's
on the south and adj acent to Mr. Brooks property on the
An access canal borders the property to the east.
2. The subject portion of Bamboo Terrace is both paved (ap-
proximately 25 feet) and unimproved. The paved portion is termi-
nated by a guard rail. The unimproved section is approximately 35
feet long and terminates at an access canal. The unimproved
section is vegetated with green buttonwood trees, coconut palms,
seagrape, small mangroves, and Brazilian Pepper. There is an
power pole on the southwest corner of the subj ect parcel and
there is a sanitary sewer manhole in the center of the road at
the point of abandonment.
r ..
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3. Bamboo Terrace is bituminous pavement. It is approximate-
ly 300 feet to the nearest intersection (Bougainvillea Avenue).
There are 7 single family residences from the intersection of
Bougainvillea Avenue to the point of requested abandonment which
maximizes the development for this area.
4. The petitioners are the adjacent property owners to the
proposed area for abandonment. Lot 3, Block 2 could be impacted
by the abandonment. There is no information from this property
owner included in the petition.
5. The applicant has received letters of concurrency from
FKAA, and TCI Cabelvision. Bell South and City Electric have
stated, by letter, no obj ections to the proposed abandonment;
however, each would require an easement for access to the exist-
ing utilty pole and future improvements respectively. The Fire
Marshall's Office has not commented on this petition.
6. The application states the reason for the road abandon-
ment is the property is overgrown and full of debris. The peti-
tioners would like ownership so they may maintain the subj ect
property. A site visit by staff agrees that the property is
unsightly. At a minimum, the existing invasive exotics require
removal.
7. The road proposed for abandonment terminates on an access
canal to an interior lake. An existing guard rail prohibits
access to the canal. As such, the road is not a dedicated and
accepted access to the water.
Conclusion and Recommendation
Staff recommends APPROVAL of the request for road abandonment
based on the following:
1. The proposed abandonment of Bamboo Terrace in Key Haven,
Fifth Addition serves the applicants. Therefore the request for
abandonment meets the requirements as outlined in the Monroe
County Code Section 16-1.
2. The road terminates at an access canal, not on a body of
open water. Thus the request for abandonment is consistent with
Goal 213 of the Monroe County Year 2010 Comprehensive Plan.
3. Based on the application, the applicant has received
letters of concurrency from all utility companies affected by the
abandonment. Therefore, the abandonment will not impair the
distribution of utilities in the neighboring area.
cc: Timothy McGarry, Director of Planning
Antonia Gerli, Development Review Coordinator
RABAMBO.03/TXTDR
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