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0579 Alley ClosureORDINANCE NO. 579 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BROWNINGS ADDITION TO EAST OKEECHOBEE, CITY OF OKEECHOBEE; PROVIDING FOR CONDITIONS FOR THE CLOSING, VACATING AND ABANDONMENT OF THE ALLEY OR ALLEYWAY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLOWS: SECTION I: That alley or alleyway located in Block D, BROWNINGS ADDITION TO EAST OKEECHOBEE, City of Okeechobee, is hereby closed, vacated and abandoned, subject to the conditions set forth in Section II below. SECTION II: That as a condition precedent to the closing, vacating and abandonment of the alleyway located in Block D, BROWNINGS ADDITION TO EAST OKEECHOBEE, the owners of lots 8 and 9 in said Block D shall grant unto the City of Okeechobee an easement for purposes of repairing, maintaining and otherwise servicing the existing water line and meters located in the alleyway within Block D. SECTION III: This ordinance shall take effect immediately upon the filing and recording in the public records of Okeechobee County, Florida of a grant of easement by the property owners of lots 8 and 9 of Block D as stated in Section II above. Introduced for first reading and set for final hearing this 1st day of July, 1986. ATTEST: •BONNIE THOMAS, CITY /CLERK YOR OAKLAND R. APMAN Passed and adopted on second reading and public hearing this 15 day of July , 1986. ATTEST: BONNIE THOMAS, CITY CLERK MAYOR OAKLAND R. C MAN IYYIYII11YIMYCir '11111111111111 i'iuiil1IIlll iiI/XLj dui y 15,198e MR. RUCKER WILCOX TO DISCUSS TRIPLE SURFACE ROAD CONSTRUCTION AND VOLUNTARY ANNEXATION Mr. Wilcox requested Council's permission to begin his petition for voluntary annexation for 3.37 acres in Blocks 52 and 45,(14 building lots). Councilman Douglas made a motion to give Mr. Wilcox permission to start the petition for voluntary annexation. Councilman Collins seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Collins Douglas Thomas Rubin Nays none Motion carried. Mr. Wilcox discussed the shell test results with Director Elders and Council. 3 AGENDA ITEM #VI - COUNCIL DISCUSSION AND ACTION TO APPOINT A REVIEW COMMITTEE TO EVALUATE ENGINEERING FIRMS OUALIFICATION STATEMENTS. RELATIVE TO DEVELOPING A STUDY OF THE WATER TRQ TMENT PLANT: RECOMMENDING THE THREE MOST OUALIFIED FIRMS Following discussion, Councilman Collins made a motion to appoint the following members to the committee to evaluate engineering firms involving the study of the water treatment plant: Director Fortner, Asst. Director Threewits, Adm. Asst. Firestine and Mayor Chapman. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Collins Douglas Thomas Rubin Nays none Motion carried. AGENDA ITEM #VIJ - PUBLIC HEARING AND FINAL READING OF THE ORDINANCE CLOSING THE ALLEY LOCATED IN BLOCK D. BROWNINGS ADDITION TO FAST OKEECHOBEF Councilman Douglas made a motion to have the ordinance read by title only. Councilman Rubin seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Collins Douglas Thomas Rubin Nays none Motion carried. YLa1, y I,1 q�(o r DA ITEM #VII - APPEARANCE OF MR. RUCKER WILCOX TO DISCUSS EXTENSION EWER LINE AND ROAD CONSTRUCTION Mr. Rucker Wilcox addressed the Council to discuss the extention of r line and road construction. Mr. Wilcox demonstrated the request by drawing a sketch on the blackboard showing the sewer line extension he was requesting. Director Fortner requested that the Council not approve the extension of the sewer line at this time due to the law suit concerning the sewer collection system stating it might harm the City's case. Attorney Bryant agreed the sewer line extension could effect the City's case. t'r. Wilcox stated that he would like to come down phe road a distance of 400 feet, install a manhole to serve the two houses at the end of the road, and donate it to the City if the City would agree to leaving the shell on the road there, he would be willing to put the sewer in, using the "triple treatment" road application. Director Fortner explained the Council has just recently adopted street paving specifications for shell asphalt mix to be used. Councilman Thomas stated, "The shell presently on the street is plenty good. I'm for leaving the shell there with testing, but if its OK leave it there." Director Fortner explained the City had planned to put sewer down the middle of the street, but when problems arose with Taddie everything concerning the sewer lines was stopped. Councilman Thomas asked if it was alright for Mr. Wilcox to go ahead with the request after testing the shell. Councilman Collins stated the City would have to adopt paving specifications for the triple surface road before Mr. Wilcox could begin work. With Director of Public Works, Chuck Elders, not being at the meeting, Council agreed to wait until the next meeting for further discussion. However, go ahead wil testing the shell that is already on the roads in question for durability, preparing the item for a more informed matter for action to be taken on the subject at the next meeting. AGENDA ITEM #VIII - APPEARANCE OF FIRE CHIEF KEITH TOMEY. REPRESENTING THE FOURTH OF JULY COMMITTEE. AND MR. CARL WOODS. PRESIDENT OF THE CONTRACTORS ASSOCIATION TO DISCUSS FUTURE PLANS FOR THE INDEPENDENCE DAY OBSERVANCE, Fire Chief Tomey explained the fireworks would be held at Lock 7 this year and the Board of County Commissioners have agreed to underwrite the insurance coverage this year. Mr. Carl Woods, President of the Contractor's Association, addressed Council requesting the City underwrite the liability insurance coverage each year for the Fourth of July. He stated they were not requesting funds from the City, just their support, at this time. The insurance could cost up to $1,500. for insurance and $5,000. for fireworks. Council agreed to discuss underwriting for the Fourth of July Fireworks Committee at the Budget Workshop Meetings to be held the 8th, 9th, 10th, and 14th of July. AGENDA ITEM #IX - ADOPTION OF A RESOLUTION ESTABLISHING FEES FOR RECORDS RESEARCH This agenda item bypassed. The resolution was not prepared for Council's consideration at this time. AGENDA ITEM #X - INTRODUCTION AND FIRST READING OF AN ORDINANCE TO CLOSE THE ALLEY IN THE BLOCK KNOWN AS BROWING ADDITION. APPLICATION MADE BY L,ENORE SHOEMAKER Councilman Thomas made a motion for the ordinance to be read by title only. Councilman Collins seconded the motion. I Mayor Chapman asked for a vote on the motion. Yeas Collins Thomas Chapman Rubin Douglas Nays None Motion carried Mayor Chapman read the title as follows: AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEY OR ALLEYWAY LOCATED IN BROWNINGS ADDITION TO EAST OKEECHOBEE, CITY OF OKEECHOBEE; PROVIDING FOR CONDITIONS FOR THE CLOSING, VACATING AND ABANDONMENT OF THE ALLEY OR ALLEYWAY; PROVIDING AN EFFECTIVE DATE. Councilman Collins made a motion to advertise the ordinance setting the final public hearing on July 15, 1986. Councilman Douglas seconded the motion. Mayor Chapman asked for a vote on the motion. Yeas Collins Thomas Chapman Rubin Douglas Nays None Motion carried MEETING RECESSED AT 3 :25 P.M. MEETING RECONVENED AT 3 :40 P.M. j1GENDAJTEM #XI - MAYOR TO CALL ON ANYONE_IN THE AUDIENCE WISHING TO ADDRESS THE COUNCIL There were no comments from the audience made at this time. AGENDA ITEM #I - MAYOR TO CALL ON THE CuY CLERK. CITY ATTORNEY. riDMINISTRATIVE ASSISTANT AND MEMBERS OF THE COUNCIL FOR REPORTS AND /OR REOUESTS Clerk Thomas stated she received one phone call concerning the advertisement for the 154 acres. Council discussed the amount of money to be quoted to those interested in the property. The City paid $378,975. on October 13, 1979. Clerk Thomas explained that Attorney Bryant researched the subject of the City advertising for auditors, coming to the conclusion that he did not feel the City was required to readvertise for auditors this year. There being no objections from the Council, it was agreed the Clerk negotiate a longer contract with DiBartolomeo, McBee and Sloan, C.P.A.'s for the upcoming audits. Clerk Thomas presented the Warrant Registers for Council's approval. Director Fortner, explained there were low water pressure problems on S.W. 6th Avenue and 9th Street. The cost for new lines to be installed correcting the problems would be around $17,000. for 4,900 feet of 6 inch pipe. Following discussion, Councilman Douglas made a motion to authorize Director Fortner to install the 4,900 feet of 6 inch pipe correcting the low pressure problems on S.W. 6th Avenue and 9th Street, the funds to be taken from the Water Systems Capacity Charges ($17,000.). Councilman Collins seconded the motion. WE THE ADJOINING PROPERTY OWNERS OF THE gocviriirS Suh ©ia ;s <oi✓ - X.arr / 7h/lu a0 request that the alley be closed. Lenore S aker • MORTGAGE DEED TO CORPORATION FROM INDIVIDUAL �.�. 244 Nye 828 This Mortgage deed Executed the 28th clay of Lenor Shoemaker, a single woman hereinafter called the mortgagor, to August A. D. 19 81 by OKEECHOBEE COUNTY BANK a corporation existing under the laws of the State of FLORIDA address at P. 0. Box 218, Okeechobee, Florida hereinafter called the mortgagee: with its permanent postoffice (Wherever used herein the terms "mortgaaggor"� and "mortgagee" include all the parties to this instrument and the heirs, legal representatives and asatgro of individuals Nod the successors and assigns or corporations; and the term "note' includes all the notes herein daer'bed it more dun .ne.) iiittinesseth, that for good and valuable considerations, and also in consideration of the aggre- gate sum named in the promissory note of even date herewith, hereinafter described, the mortgagor here- by grants, bargains, sells, aliens, remises, conveys and confirms unto the mortgagee all the certain land of which the mortgagor is now seized and in possession situate in Okeechobee Florida, viz: Thoseparts of Lots 10 and 11, BROWNING ADDITION SUBDIVISION, described as follows: Begin at the intersection of Hopkins Meander Line with the East boundary of Hancock Street, said point being the NW corner of Lot 10, Browning Addition Subdi- vision, according to the plat thereof recorded in Plat Book 1, Page 18 of the public records of Okeechobee County, Florida; run SE on the East boundary line of Lot 10, a distance of 4.46 feet for a point of beginning, thence run South on a ine ara11 • ee "max ...,,�: the South boundary line of Lot 11 a distance of 61 feet; thence run North along the Easterly boundary lines of Lots 10 and 11, a distance of 66 feet to the Northeasterly corner of Lot 10, thence run Northwesterly on North boundary line of Lot 10, a distance of 57.64 feet to the point of beginning. 1 his mnrcy,a ^o c,,,'1 a'`0 en-ure the period of any Intent advp,l' be made by the mortgagee to tht ,;,t, w, hin ten years hereafter, even th,;k , is outstanding hereunder; provided OIL: 0 ' ,;ipal amount of money so secured shall not $.22 t1R at any one time and prov ..:. l • ........ .:71 such advances or loans shall be evidences± ttv separate w. lien instrunments to invoke the terms hereof. "Provided ?tether that add mortgagors do hereby oonaent and agree with said mortgagee, that they will not, during the period of time this mortgage is in effect, either sell, convey, or agree to sell or convey the property covered by this mortgage whereby this nor a..go u.+ 1! :1 be assumed without the written consent of the mortgagee. Ali' vilUa- tion of this provision shall grant unto the mortgagee the right to ue. clare the total balance remaining, due at the date et such violation." C -1 FLORIDA PT.0 IPT 539 to IS>tY1D ct It F�. I,,,,.;,. t cif ^,n.,uh;t u,f $ 5,4Q, County, • E _ Ego 244 8 : e,8 0. R. B00r 244 ME 82 To Ilave and to Mold the same, together with the tenements, hereditaments and appurte- nances thereto belonging, and the rents, issues and profits thereof, unto the mortgagee, in fee simple. End the mortgagor covenants with the mortgagee that the mortgagor is indefeasibly seized of said land in fee simple; that the mortgagor has good right and lawful authority to convey said land as afore- said; that the mortgagor will make such further assurances to perfect the fee simple title to said land in the mortgagee as may reasonably be required; that the mortgagor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free and clear of all encumbrances frou 'ided Malays, that if said mortgagor shall pay unto said mortgagee the certain promis- sory note hereinafter substantially copied or identified, to -wit: \d i Q.R. 244E 830 G,JJr: and shall perform, comply with and abide by each -and" eirery" 'tke " ngreeinents, stipulations, conditions and covenants thereof, and of this mortgage, then this mortgage and the estate „fereby created, shall cease, de- termine and be null- and -void. find the mortgagor hereby further covenants and agrees to pay promptly when due tke principal and interest and other sums of money provided for in said note and this mortgage, or either; to pay all and singular the taxes, assessments, levies, liabilities, obligations, and encumbrances of every nature on said pro- perty; to permit, comrhit or suffer no waste, impairment or deterioration of said land or the improvements thereon at any time; to keep the buildings now or hereafter on said land fully insured in a sum of not less than as agreed. in a company or companies acceptable to the mortgagee, the policy or policies to be held by, and payable to, said mortgagee, and in the event any sum of money becomes payable by virtue of such insurance the mortgagee shall have the right to receive and apply the same to the indebtedness hereby secured, accounting to the mortgagor for any surplus; to pay all costs, charges, and expenses, including lawyer's fees and title searches, reasonably incurred or paid by the mortgagee because of the failure -RI. tbp„ nortgagor to promptly and fully comply with the agreements, stipulations, conditions and covenants of said note and this mortgage, or either; to perform, comply with and abide by each and every the agreements, stipulations, conditions and covenants set forth in said note and this mortgage or either. In the event the mortgagor fails to pay when due any tax, assessment, insurance premium or other sum of money payable by virtue of said note and this mortgage, or either, the mortgagee may pay the same, without waiving or affecting the option to foreclose or any other right hereunder, and all such payments shall bear interest from date thereof at the highest law- ful rate then allowed by the laws of the State of Florida. Ifany sum of money herein referred to be not promptly paid within th i rty days next after the same becomes due, or if each and every the agreements, stipulations. conditions and covenants of said note and this mortgage, or either, are not fully performed, complied with and abided by, then the entire sum mentioned in said note, and this mortgage, or the entire balance unpaid thereon, shall forthwith or thereafter, at the option of the mortgagee, become and be due and payable, anything in said note or herein to the contrary notwithstanding. Failure by the mortgagee to exercise any of the rights or options herein provided shall not constitute a waiver of any rights or options under said note or this mortgage accrued or thereafter accruing. In Maness thereof, the said mortgagor has hereunto signed and sealed these presents the day and year first above written. STATE OF FLORIDA, COUNTY OF Okeechobee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lenor Shoemaker, a single woman to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 28th day of August A. D. 19 81. l fiinn !'��iii� JO N313 Ei 4113 1lZ6HY IId3SI86I This Instrument Prepared by:'.'' . r � n7'^ Beverly Wallace U 2 l O ) J > t 7 d 03 1 Okeechobee County Bank P. 0. Box 218 Okeechobee, Florida 33472 Notary Public, State Of Florida At Large My Commission Expires Aug. 6, 1984 6i,,� =f. R 244 PAGE 830 boJ. �. May 30, 1986 City Council City of Okeechobee Okeechobee, Florida 33472 Gentlemen: Please accept this letter as consent to the petition to close the alley in Brownings Addition, providing the the lots between #13 and #8 be equally divided between myself and the owner of lot #8, Verlie Willis. Enclosed is a copy of the Real Property Record Card. /g--4ms2- Very truly yours, N an ram Clella B. Prahl gfeitlp 6 pwte 2 5 1196 LEGAL DESCRIPTION 1 1 s 5 Na-6, g E K MCcOY EST 0 5 1 4 4 4 —61 0 ir wo 0 a. 6. 4 V/ 7 5 —61 March 26, 1986 City of Okeechobee City Councilmen Gentlemen, As an adjoining property owner, I here by give my consent to close the designated alley on the attached map. I also give my consent to give my part in full of the lot 8 & 9 alley easement to Mrs. Lenore Shoemaker. Sincerely, Verlie Willis • Printed for Lawyers' Tide '''':f 4; .'.tS-4-�. i, £.i 1 :4.: 4 Guaranty Fund, Orlando, Florida •-•4 „e, .�aY J�i►l► EGOK .LUJ Fi�E WILLIAM L. HENDRY Attorney et Lou) 410 W. Eighth Street OkEECIUOBEE, FLOIt1DA (STATUTORY FORM — SECTION 689.02 F.S.) O pnuu-p, Made this 17th day of March Mary L. Willis, a single woman of the County of Okeechobee , State of Florida Leon H. Willis, as Trustee whose post office address is p . O . Box 743 , Okeechobee of the County of Okeechobee ,State of Florida 19 67. LthxrY1t , grantor", and , grantee'. IMifltl?58Pih, That said grantor, for and in consideration of the sum of Ten Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is herelnr acl.•nowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being in Okeechobee County, Florida, to-wit: Lots 8 and 9 of BROWNINGS ADDITION TO EAST OKEECHOBEE, according to the plat thereof, recorded in Plat Book 3, page 57, public records of St.. Lucie County, Florida, Together with all improvements and furnishings and personal property located thereon. OKEE Ii03Eli CO. : h �O � Irrt I7 C •av c (.'i r..' .. is "T4 N n = c �r*t G 4" and said grantor, does hereby fully warrant the. title to said land, and will defend the same against the Lawful chins• of all persons whomsoever. • "Grantor" and "grantee are used for singular or plural, as context requires. II TfttpBS t hpxppr, Grantor has hereunto set grantor's hand and seal the day and year first above written: Signed, sealed and delyyer in our presence: 0 STATE OF FLORIDA ` COUNTY OF OICEECH.OBEE' (Seal.) (ScaI) (Seal} (Seal) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Mary L. Willis, a single woman to me known to be the person described in and who executed the foregoing me that she executed the same. WITNESS my hand and official seal in the County and State last aforesaid this instrument and acknowledged before is 4,4 day of March NOTARY PUBLIC STATE of FLORIDA at LARGE �jy't ommissio�i: expires: Mr Cor�rvusslor( EXPIRES AUG. 17, 1967 Notary Public • -•t' 1 _. •OMDLO THROUGH rILD W. DIL%TLb4OR9T • MORTGAGE DEED Made this 'Between Tis indenture, day of June Mary L. Willis, a single person, called the Mortgagor to RAMCO FORM RE614 ,A.D.1969 , and Leon H. Willis called the Mortgagee itnesseth, That the said Mortgagor , for and in consideration of the sum of Dollars, in hand paid by the said Mortgagee , the receipt whereof is hereby acknowl- her Two Thousand edged, has and assigns forever, O.lceechobee granted, bargained and sold to the said Mortgagee , his heirs the following described land, situate, lying and being in the County of , State of Florida , to -wit: Lots 8 and 9 of BROWNINGS ADDITION, according to the plat thereof recorded in Plat Book 1, page 18, public records of Okeechobee County, Florida. and the said Mortgagor do es hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whoms Provided Always, That if said Mortgagor or assigns, shall pay to the said Mortgagee , certain promissory note, a copy of which is on the oever. .,., , her 61 tl representatives his legal representatives or assigns, a reverse side hereof, and shall perform and comply with each and every stipulation, agreement and covenant. said note and of this Mortgage, then this Mortgage and the estate hereby created shall be void, otherwise the same shall remain in full force and virtue. And the said Mortgagor covenants to pay the interest and principal promptly when due; to pay the taxes and assessments on said property; to carry insurance against fire on the building on said land for not less than $Fu11 cash value , approved by the Mort- gagee , with standard mortgage loss clause payable to Mortgagee , the policy to be held by the Mortgagee , to keep the building on said land in proper repair, and to waive the homestead exemption. Should any of the above covenants be broken, then said note and all moneys secured hereby shult, without demcgnd. 1f the Mortgagee his legal representatives or assigns, so elect, at once become due and payable and the mortgage be foreclosed, and all costs and expenses of collection of said moneys with or without suit, including a reasonable fee for the Mortgagee attorney, shall be paid by the Mortgagor , and the same are hereby secured. In I seal ttness Whereof, The said Mortgagor the day and year first above written. Signed, sealed and delivered in our presence: OPP hereunto set s her hand and Mary L. Willie (ts89) •.coual atagl BuTpuslsulTMlou ejgsdsd pus anp ewooeq cTltMglxo= liege pT1dun Buntteu ea pus peanoas os salou ire 'ells81aojnj pies iq paanaas alou Pius uo anp lsaaaluT ao /pus psdtauTad ;o luaw6ed 8qg uT ljnsjap uodn .spTaoj.d Jo alp3g aqi • jo sm11 8ttl 03 BuTpaoaas paoaojua pus panalsuoa aq of sT pus glmaaeq alsp vane Jo a>konaow s Jig paanaas sT alou 8TgJ pted 'pun fltanlew woa; wnuus aad 'luaa aad ;o alsa aqg 1e lsaaalut asaq jjsgs sluewRsd I8alalut paaaa;ap pus eiou vTuj. •1ou ao leanoaq eq gtns laggage. joeaag AlTanoos agl laaload of Rlessaaau sawooaq IT area jtt 10 .;oeaat l AlTanlsw anTloadsaa agl is pled 1ou et uoaaagl l saaalut Awe ao tsdTaupd agl uo luawiiSd Sus so e1ou •11.11 jo jedpuTad ag1 esso uT ea; sstauaolls ajgeuossaa s ButpnpauT 'u0Tloafoo j0 83SOa ire .i8d o1 'ATtsaanas pus Bjguto[ 'saa29s aaglanj aasaopua pus aaxew gaga •saasaopua pus 8a03(ew 811 ajgsnt utagl ;0 goes pm; 01 dae9893912 sluaweatnbea jj• pus lsaload ao luaw.tsd -uou ',Sltanlew Jo aotlou pus lsagoad 'puswap SaAjeM Bjjea9Ae8 1asaopua pus aa>[sw T.438 'rnolaq 4athaads s7unowo ay; ui pun saivp a2/1 uo a14v,Cvd aq o7 inns 1odwou:sd piv .7 �. 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',.'7"'I�7 'i!v 7sata1u2 7nvs ',C7n.1n7vw 1171141 • 4-4-6T r7 r3ss WaO4 s.00Wea ,,t.•.,,• "a•-ajgv,Cvd gulag iad `71.00 leu fo ajvf alp 7v 'amp wo.c! uoa.rarp 7sarani; yjznx .i i p2o7 • -t `vPYalai 'j` " ?•T_ o:4,'" fo wns 1vd?auud aye fo iap.ro alp 07 £vd o7 saslwosd pau2p•Japun a r7 paalaaa.i anlva io j 11 All Aa '� •10• Mi O70rbN AIN UM II ISOM ifa 11 T sa.tuixa uoisstwwoa ,C11r `azl(1nd ,C." °M 6961 .q .V S 31ON 1N3W11V18Nt aunr fo 'Cop s�y1 pwsalo /n 1snl awn15• pun .iluno, alp u1 leas 1nza!!(o pun puny iw SSJ111J1 -awns ayi painaaxa I ay s my] aw aio/aq pa$palcnouvo atj If 1 p110 luawnljsm 8uto8a.io% au? pamaaxa twat Talmo try race..a,sap uoe.tatl a91 aq u nouv aw o1 'uosaad aibuzs a 'sTTTtM •ri Aiew pa.waddn 'Cllnuosjad 'sluaw8pa/nouapn am/n1 01 pwsaJoln ✓Chino') ay1 uz pun pins -alo /n aims' alp un paztJoylnn ,Clap .Idaho un 'aw aiolaq ',Cop snp uo 1ml,L `fijipai Nam{ • • SSsosoaaxo j0 *no 'vazxoz3 J0 1V1 March 26, 1986 City of Okeechobee City Councilmen Gentlemen, As an adjoining property owner, I here by give my consent to close the designated alley on the attached map. Sincerely, Lucille Greer J. REX FARRIOR NORMAN STALLINGS OF COUNSEL BYRNE LITSCHGI J. REX FARRIOR, JR. THOMAS C. MACDONALD, JR. THOMAS P. EVANS DAVID G. HANLON F. RONALD FRALEY WARREN FRAZIER CHARLES A. ZINN JOHN I. VAN VORIS BENJAMIN H. HILL, I11 LUCIUS M. DYAL. JR. MICHAEL T. TROCKE ROBERT R. VAWTER, JR. JOHN W. PUFFER, 111 STEPHEN F. PATERS WILLIAM A. GILLEN, JR. DONALD A. GIFFORD JOSEPH G. THRESHER JOSEPH W. CLARK DAVID T. KNIGHT FRANCIS H. COBB CHARLES P. SCHROPP MARK P. BUELL STUART R. COHEN RAYMOND T. ELLIGETT. JR. RICHARD M. ZABAK GREGORY C. YADLEY TIMON V. SULLIVAN DAVID R. TYRRELL JAMES B. MURPHY, JR. PETER J. KELLY SHARYN B. ZUCH JEANNE TRUDEAU TATE RANDY J. OGDEN MARK A. HANLEY MICHAEL J. NOLAN. II DAVID C. BANKER LEE D. GUNN, IV JOSEPH F. KINMAN, JR. CRAIG B. GLIDDEN DEBORAH F. FRICK LYNN WELTER STEPHEN L. KUSSNER NEAL A. SIVYER FRANK R. JAKES MARC L. WARREN PAUL CAMP LANE RICARDO A. FERNANDEZ CRAIG A. MINEGAR RONALD E. BUSH R. JAMES ROBBINS. JR. RANDAL HORACE DREW PHILLIP C. WISKOW DONALD H. WHITTEMORE WILLIAM C. GUERRANT. JR. DENNIS P. WAGGONER STEPHEN M. HUDOBA DENNIS E. MANELLI ROBERT E. LEWIS City Council City of Okeechobee Okeechobee, Florida 33472 Gentlemen: LAW OFFICES OF SHACKLEFORD, FARRIOR. STALLINGS & EVANS PROFESSIONAL ASSOCIATION 501 EAST KENNEDY BOULEVARD • POST OFFICE BOX 3324 TAMPA, FLORIDA 33601 TELEPHONE 18131 273 -5000 CABLE ADDRESS TELEX "INTREPID TAMPA" 5 -2495 T. M. SHACKLEFORD, JR. R. W. SHACKLEFORD H884-19731 11890-194341 May 1, 1986 It is my understanding that a petition has been filed (or is to be filed) asking that an alley in Browning's Addition to East Okeechobee be closed and vacated. I understand that the alley runs between Lots 1 through 9 on the east and Lots 10 through 20 on the west. My family and I own Lots 1 through 7 and Lots 15 through 20. My sister, Anna Jane Breland, owns Lot 19. I am the personal representative of my father's estate. Please accept this letter as consent to the petition, providing that the title to the alley between. Lots 1 through 6 on the east and Lots 15 through 20 on the west be divided equally between these lots. Also, the title to the east half of the alley abutting Lot 7 will be vested in me. Attached are copies of the following items: (1) real property record cards of the Clerk of the Circuit Court involv- ing Lots 1, 2, 3, 4, 5, 15, 16, 17, and 18 of Browning's Addi- tion; (2) deed to me conveying Lots 6 and 7; and (3) deed to me conveying Lot 20. If I can provide you with any further or additional information, please let me know. Very t ly yours, ?&Q, Thomas P. Evans vm enclosures cc: Carolyn Thomas Anna Jane Breland 757 2P5Pitt 1281 Printed for Lawyers' Title Guaranty Fund, Orlando, Florida a *� 1ctd (STATUTORY FORM- SECTION 689.02 F.S.) y Pis Jtidelltltre, Made this /3 -1424 day of This instrument was prepared by: Ltti 7 • D. CASSELS Attorney at Law Post Office 988 OKEECHOBEE, FLORIDA S11472 December MARGARET A. HILER, a single woman, of the County of Okeechobee , State of Florida . JAMES M. GREER and LUCILLE GREER, his wife, whose post office address is 19 84' $P'nlitril , grantor *, and 209 South East 10th Street, Okeechobee, Florida 33472 of the County of Okeechobee , State of Florida IIttne$Seth, That said grantor, for and in consideration of the sum of TEN , grantees`, Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to -wit: J� ,.. Lot 14 and the South 5 feet of Lot 13, BROWNING'S ADDITION, according to the plat thereof recorded in Plat Book 1, Page 18, public records of Okeechobee County, Florida. RI m c-. SUBJECT to reservations, restrictions and easements of record, if any. t.� „ ,:, „r /''��� 1 26751.11 i66400 Ertl 7KEEli r'! toek rrr I 1 1: 05 GL$ CLERK (` • ", f r;q UPY and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. 3Iti Minnie illherent Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: -J.!`1.)-Y1 Witness ess STATE OF FLORIDA, COUNTY OF OKEECHp$E I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MARGARET A. HILER, a single woman, to me known to be the person She'e,,utadi,the same. WITNt .a,y hc.{tod.and official seal in the County and State last afores 19 84, •.• • _ .W,. ..NOTARY PUBLIC STATr n, ,1 ,-„,� MY c6tihm4sioniexp�r Y COmmiss;ON Erp ; t; + 1 , ONDED THRU GE^ iknL L ,, , , c.... U; 4D .:'a+t (Seal) (Seal) (Seal) (Seal) described in and who executed the foregoing instrument and acknowledged before me that Dece ber Notary Public P1OTAR NY COI gnriner CORRECTIVE WARRANTY DEED 1HO1V10. TO 11,10IVIO This itlarranty Decd file Na day of j-19. .4427 Nora E. Leatherman, widow, Itereirtaf ter called the grantor. 10 Thomas P. Evans, a married man ICc A. D. 198i u'Itose postoffic'e address is 10605 Ilex Street, Tampa, Florida 33618 hereinafter called the grantee: rKhereser u.ed herein the term. "granter" and "'grantee" include all the parties to this instrument and the heirs. le.a1 repre.entati.es and aslant of indi.iduals. and the successors and assi 'gns of corporations) tlitnesseth: That tltc' grantor. for and in consideration of the sum of S 10.00 and valuable considerations. receipt whereof is hereby acknowledged, hereby grants. bargains. sells. aliens . raises. releases. conveys and confirms unto the grantee. all that certain land situate in Okeechob County. Florida. viz: Lot 20 of BROWNING'S ADDITION TO EAST OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, page 9, Public Records of Okeechobee County, Florida. Grantor reserves a life estate in and to the above- described pror- THIS CORRECTIVE WARRANTY DEED CORRECTSDEED RECORDED IN OFFICIAL RECORDS BOOK 272, PAGE 420, PUBLIC RECORDS OF OKEECHOBEE COUNTY,_ FLORIDA. Together with all the tenements, hereditaments and appurtenances wise appertaining. To Have and to «old, the same in fee simple forever. nd the grantor hereby covenants with said in fee simple: that the grantor has good right and grantor hereby fully warrants the title to said land all persons whomsoever; and that said land is free lo December 31, 19 84. thereto belonging or in an, grantee that the grantor is lawfully seized of said Lan, lawful authority to sell and convey said land: thatIth- and will defend the same against the lawful claims o of all encumbrances, except taxes accruing subsequent FILED FOR nECr2 1 76555 111„ -2 !,r: 1 isGO .,:,;I � r., In Witness whereof, the said grantor has signed and sealed thesg presents the day and year first above written. , . i Signed,- sealed and delivered 'n our presence: STATE OF lrlLESr i d a COUNTY OF Okeechobee I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared CL E7.:' C.: ).trra- xrt -�1•� a.-yc/ NORA E. LEATHERMAN Nora E. Leatherman, widow, to me known to be the person described in and who executed the foregoing instrument and she acknowledged before me that She executed the same. •,� WITNESS my hand and official seal in the County and day of State.iast aforesaid this a „)d /4)-Ad u.4AaY PUBLIC- stAlTE OF FLOP' ;ISSION EXP IRES FEB. r Eta 5; 1986 iHRU GENERAL .INS. UNfL• ' � This Instrument rcparq/ ay :. Addrtsc � Thomas P. Evans P. 0. Box 3324 Tampa, FL 33601 SPACE 6ELOW FOR RECORDERS USE P4 r1 30ttld 1JNC% Q r 1 1 1 r z 0 4 W tat 0. N J W KZ 1 n'1 n.lG r-. 1 1 1 s °P q it 1 krt T) 0 a • L IM -0 L NOIldiNO530 - 3dAl - ALIlNW1O N N rn 33INd JINf1 0 n i9_ 19_ H— I1_ • r 2 O 0 19— a CO N O O alb N 0 O 5 3 x0 H .J N U 0 &OLIIamr ONINMOIlii F n gl r <r c N 1�f A 3�4Nd 11141 D [.J czt op =i^ m T V 0 r 2 NOISiIQQY DMINMOU$ 1 O 19. r A i Si A w LAND d 19. r Y i O N -1 0O f 19_ r Y O ; Q m y YI -4 O -4 r 19_ r Y O ; n m i 1 N -1 O r 19_ r A O A O m 40 1 • OO r 19_. r Y O t O m i -4 N O 19__ r Y O ; m i -4 b To 01 LAND LAND to MAP NO. PARCEL P40. 1 Cr• w o 1 W «• NOitdra3S30 i1/931 • a , G2 H c.� 1 W 'NQ 8 r g h R if of i 5 v i ri 1 a• ti w e P.* N e M A + .1 . rt • (re)) , ft 8 3 c •rl r $ 00, .r IMMO - ,1 GM • 74, se "SS I I= 9 A S I �• L11� 11 ' • 131111! M Arralltir 3AN3AV 1 iiiIir 111 i1011111110100 AV —♦ • • w w ti b • e N r • w AV 111 O .OS • • 0 Q L M .1141 • .TINA • !uuiiIiiTA• ilt411 '.0 M >• at Y antrirof »Wra • to • �,. • w e OHN D. CASS'EIS, JR e. 5-0 LAW OFFICES JOHN D. CASSELS, JR 400 NOpPNWEST SECONO STREET • POST OFFICE BOX 968 • OKEECHOBEE. FLORIDA 33472 • TELEPHONE 813•163•3131 February 26, 1986 Mrs. Lenor Shoemaker Post Office Box 1259 Eagle Lake, Florida 33839 Re: Shoemaker Sale to Miles Dear Mrs. Shoemaker: There has been apparently some confusion with regard to the conclusion of the proposed sale of property located in Okeechobee County, Florida. Permit me at this time to state the situation as I now understand it to exist. 1. Although there appears to be a long standing road of usage that has been providing access for a number of years, this access does not appear of the public records. Although I find it unlikely that use of the "road" will be interrupted in•the near future, this always remains a possibility unless recorded access is available. We have not been requested by anyone to research and determine whether access was guaranteed by the county and that formal evidence of this permission was never recorded in the official records. 2. We have two surveys which apparently are in conflict. The first survey by Leon Willis does not show an encroachment however, does not show the house either. The second survey by Robert Watford does show the house and does indicate its encroachment upon the alleyway. Our office is not going to be placed in a position of choosing between these two surveys. If the purchasers wish to accept the earlier survey that is acceptable to us, if the purchasers wish to rely on the second survey, this is also acceptable. If there is any doubt as to the accuracy of either survey, I would strongly suggest that a third survey be produced by Leland Dyals or Broome, Van Ostram and Associates with the cost equally divided among all parties. In closing, you should be advised that all surveys do not necessarily show encroachments. If a survey is commissioned merely to provide a drawing of the boundary of the property, it will not indicate such things as houses, trees, outbuildings or driveways. 4 Mrs. Lenor Shoemaker February 26, 1986 Page Two Only where the surveyor is requested to "tie" improvements to the lot will these structures be shown. For purposes of our title insurance policy, the standard title exception for surveys and encroachments must remain unless a new survey is provided showing the structures with no encroachments. Should you have any questions regarding this matter, please do not hesitate to contact me. By copy of this letter to the broker, I am advising her of same. With kindest re • rds, I am Sincerely JOHN D. CASSELS, SR. JDC /kb cc: Carolyn Thomas 0 LAW OFFICES JOHN D. CASSELS, JR • • Nave 1 e,r T&T Lawn Service 920 H.E. 128th Avenue Okeechobee, FL. 33474 Ph. 467 -0995 f\dsh4 etv. L Address ' 00 tow 'C)". Phone Number Name Address Phone Number Type of Work ,Lawn Cutting Y 111 —3 Removal YES NO Tree Trimming YES NO Grass Raking i NO Trash Removal r NO NO NO Fiower Bed Cleaning, YES Complete Manicuring YES Seawall Cleaning YES NO Weedeatina Canal Bank Cleaning YES Other %r...f» 7 understand that signing this contract holds me liable for one service. If I cancel T &T Lawn Service, I must pay for the first service, regardless if the service was rendered or not. If I per for the service in advance I will recieve no refund. I may at any time after the first service, cancel T&T Lawn2Service if.1,am not fully sattiafiedwith their work. signature Date of Signature • o .r Bill To: Date of Estimate Estimated Price Date of Job Weekly BiWeekly Monthly 1.- `6G 125° ° \ r� , j.- YvV• NO it ited1. r ' ID IRON ROD 0.29' N. 0.0 4' W. a SET IRON ROD FND. IRON ROD 0.25' 0.06'4 Wood frame res. SET IRON ROO FND IRON R0D Q29's 0.07'4 SET IRON ROD 0 7 g' 1 1 I 1 I 1 1 r Q6p' 1 J —2.1544#. • ' 4. 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