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0771 WithdrawnITEM WAS WITHDRAWN FROM JULY 17, 2001 AGENDA WAITING FOR DOT TO DECIDE WHETHER TO PROCEED ORDINANCE NO. 771 AN ORDINANCE CLOSING, VACATING AND ABANDONING A PORTION OF THE ALLEY OR ALLEYWAY LOCATED IN BLOCK 200, CITY OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; AND DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application for the closing of certain streets or alleys as described in this ordinance; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, AS FOLLOWS: Section One. The alleys or alleyways described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: A portion of a 15 foot wide alley in Block 200, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records, Okeechobee County, Florida, more particularly described as that alley running East to West between Lots 12, 13, 14 and 15. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 21s day of August, 2001 and shall take effect upon receipt of recorded easements from Florida Power and Light for the relocation of power lines and the Okeechobee Utility Authority for the relocation of a gravity sewer line and a water line. INTRODUCED for first reading and set for final public hearing this 17th day of July, 2001. ATTEST: Bonnie S. Thomas, CMC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 21s of August 2001. James E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Page 1 of 1 FORM 575-030-27 RIGHT OF WAY-0&F9 Florida Department of Transportation JEB BUSH 605 Suwannee Street TI1ONIAS F.BARRY,JR. GOVERNOR Tallahassee, Florida 32399-0450 SECRETARY David 0. Hamrick ITEM/SEGMENT NO.: 1968801 7303 18th Avenue, N. W. MANAGING DISTRICT: One Bradenton, Florida 34209 F.A.P. NO N/A STATE ROAD NO.: 70 COUNTY: OKEECHOBEE PARCEL NO.: 119 Request For Taxpayer Identification Number Dear Mr. Hamrick: The Florida Department of Transportation will be acquiring or has acquired property owned by you for a transportation project. Because this transaction will involve the purchase of real property,federal regulations require that we make an annual report to the Internal Revenue Service of the compensation paid. As part of this reporting,we are required to provide the notice and request which is contained below. Please be assured that this reporting process will in no way affect the amount of compensation you will receive for your property. In accordance with the Internal Revenue Service Code, Section 6045(e), you are required by law to provide the Department of Transportation with your correct Taxpayer Identification Number or Social Security Number. If you do not provide the correct number,you may be subject to civil or criminal penalties imposed by law. This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. SELLER INFORMATION: (Please Print) Seller information is to be completed and signed by the Property Owner. NAME David O.Hamrick ADDRESS OWNERSHIP INTEREST 7303 18th Avenue,N.W. Sole Owner CITY,STATE,AND ZIP CODE Part Owner of Bradenton,Florida 34209 TAXPAYER IDENTIFICATION NUMBER(TIN) Enter your taxpayer identification number in the appropriate box. For individuals and sole proprietors, this is your social security number. For other entities, it is your employer identification number. Social Security Number Employer Identification Number OR I I Certification-Under penalties of perjury, I certify that the number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me). Date Taxpayer's Signature THE FOLLOWING INFORMATION IS TO BE COMPLETED BY FDOT PERSONNEL ON THE DATE OF CLOSING OR FINAL JUDGMENT. Address of Property or a Brief Legal Description: Portion of an alley,15 foot wide lying between Lots 12,13 and Lots 14,15,Block 200,Okeechobee,a subdivision in Section 21,Township 37 South,Range 35 Ea st,as plat thereof recorded In Plat Book t Pa e10 Okeechobee County,Florida.,_ Date of Closing: Date of Final Judgment: Gross Proceeds$ I respectfully submit this information in accordance with the Internal Revenue Service Code,Section 6045(e): SIGNATURE DATE TYPE OR PRINT NAME AND TITLE www.dot.state.fl.us ©RECYCLED PAPER I T Et i- 3 - / i R \N/ \ / / —� ` \� -Z - ,- - / N 89'59'458E 225.602 m(F1(740.16) // S.W.PARK STREET (F) SOUTH PARK STREET (P) / / / i'� --�`� i RAY UNE \ // w 10b68mfC) .. N 89'59'45'E 60.960 m(F)(200.0)') 4-22.272 272 50'(P) 50'(P) 50'(P) 50'(P) I w 50'(P) 50'(P) / // w �+rr0 TOTAL TAKE '-Ct 3 a Di 13 12 II 10 p8� w PI 9 8 8 b E 14,1i-% I N o jry STEEL E-�, 2 o FRAME + -�- g g BUILDING ---- INZ 03 lig P- e WITNESS g E M S. M. F. H CORNER (11 1 A7.704m(C) - S 89'59'45' W . 80.960 m(F)(20).0)'1—OVERHEAD -7.—_ 2 004m 1 POWER UNE —— r- X.480m(F) (/0).00'1 a -IO ft68mfC) i - 50'(P) 50'(Pl I 50'(P) L ,}� 50'(P) - 50'(P) 50'(P) +82.66/ 30.480m(F) (100.00') _ _ 'T� RAY UNE l5'AI! (P) +718.088.1 ,► Tie 1. I. I0.668m(C) M���1���1• Lrl►i . N�.< \ 50'(P) 50'(P) 50'(P) N 89 59'45'E SU'(P)" 30.45Im(C) (99.90') -.30.480m(F) N 89'59'45'E —1.1210C) - 3 u00.00,) -0.077m(C) �i 119+---- --- - h 6'CHAIN LINK FENCE I 3 :` b 1w E 8 S. M. F. g 4 . j/6 /7 M 18 /9 I Z ��' x v -� 60000 COVERED PORCH � g Q b. x l4 /5 g 4 I wood „, Q I � 15.628m(C) FRAME I '1 RES. _�1 ” 1 wl ' 70'(P) I 0 50'(P!$ 8g 59'45'W 50'(P) �' 50'(P) 50'(P) 10.658m1Cl ` 50'(P1 50'fPl +3. 3O.480m(F)(x.00') I 30.451m(Fl (9990'/ RAY UNE S 89 59'45'W N 10.668m(C) S.W.SECOND STREET (F) 0.848 TUSCALOOSA STREET (P) FOUND 5B'IRON ROD ��// ���- \ I------ o / \ 1 ;K L&4449 H OKEE( PLAT B00h .`` F•� .y` •� °,4 'a be ' sf $" S Cit o, OKEFCy: OFFICEOF • _Okeechobee ii• # Y f � o� • CFa� v ip' ' O i • s f. ;�, - :.<qe L is ), O d...s• s +' y ( ^. � //7/��`<•P Y I4E i�°'r A i r$V:�.,.�tts.y ...rs;G�; • $`r: m` {,,,, q ! ,,,,,' ' 4 .., I g V;,� ; 3 II � 4 ' � tr �r , , D/pf ' ,'.z i x/(? '• r •q , -• , „„ ? , • , ' f:; o ;t. � �• ':�' _ 'r`•, °;A< - -,p st-• ' . 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' # $" ! : _Srb-' R n J � /� '„`3n,,`k,, : 9.:o- i:£:'=r ua —; T^. �g<�A � .. ._. Y .f ” � ' - '^*�,� "i ,g 4+ F �R4 . L s °;3” S:A .y_ TT Iµ[ +n'"im, ^ �i'Y �,, 4 k i:i l €.k. . r . ?Sr it:N • '1$^ • gfqg4 R fG r .t sA ,1r s.i F'r_ > .y l Y. . ‘ v "., 'e 2 ,`y i ~ V '`*„5 ,f`t.�"€.y :` S i, a ° A44 �- d y � �s �1a 'd ' r ,Rt l �s�� ��• � ir,,',fi G' t ° - ° '�?�ct72.y ` .2'7,':e:'s;� s aa4�- x "> �� 'tX 'i � '$°f,'Y”_ i , a�i ' e �T • ' °r ✓ L�? •r�"%- / V• A A 170 JUNE 5,2001-REGULAR MEETING-PAGE 3 OF 5 ., .. ....... ........... .r. .... ........... ..:..w..>., r.»tq.#>........:.....::':i.[tx.. ... a r. .Wrr.,,.:.. ....e....: .. . .. ��,.: ,.........:..a,.i....................... .. ....... , .: S .r.,..>.:L, [ ..:�. �...,....a �V!1W.:�� � {7�7 ,,::'1..1.i�l , ...,....... :... VI. NEW BUSINESS CONTINUED. A.2.a) Motion to approve the first reading of proposed Ordinance No.770 Council Member Oliver moved to approve the first reading of proposed Ordinance No.770 by title only;seconded by by title only. Council Member Chandler. b) Discussion. • Mr. John Dulmer, Planning Consultant from LaRue Planning and Management Services addressed the Council, explaining that staff feels this rezoning is beneficial for the City,and clarified that Lots 7-12 are on the west side of Block 23 and are adjacent to Southwest Second Avenue not adjacent to South Parrott Avenue. Were were no further comments from the Council. c) Vote on motion. VOTE KIRK-YEA CHANDLER-YEA OLIVER-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. B. Discuss alley closing request from DOT/Hamrick,Block 200 As outlined in Exhibit Two,Clerk Thomas is requesting direction from the Council regarding alley closing procedures. between Lots 12-15,City of Okeechobee-City Clerk(Exhibit 2). At the May 15,2001 meeting the Council instructed her to initiate the paperwork closing a portion of an alley in Block 200. The Department of Transportation is requesting the alley in connection with the State Road 70 West widening project.The first step to process the alley closing application is to obtain consent of all adjoining property owners.The property owner to the south of the alley will not give his consent. Council Member Watford commented that the City's policy is to have all surrounding property owners consent prior to the closing of an alleyway. He said that the City has the authority to close the alleyway without consent from the property owners and has done so on occasion when it was determined to be beneficial for the City. Attorney Cook said that if Council does not decide to proceed with this closing due to lack of consent from the adjacent property owners Department of Transportation could condemn the property. Attorney Cook explained that he advised Clerk Thomas to advertise for the July 17,2001 and August 7,2001 City Council meetings,closing a portion of the alley in Block 200 as requested by DOT. JUNE 5,2001-REGULAR MEETING-PAGE 4 OF 5 1 1 1 ,.. ..3<tos:k:x...n\:>:. ,.:«..,,.._:::.::t:.nta•< t:::xz>:.:,..:.....,»a»::: z::>. s:>:x�xrr':;; nnE":.`^ t;::y.: a<yrk «<3<:U k'•.'«'ca`£41"si.h «.»».«.sF ss££�.t.» .: . , r..xr...,.....,. :��c�-��y• : . , , ,:: ,..,, ...:. .... ........ .,. s;txa, ,rcr,.:., t . .............,....._,.. .. .. .,....... .'�.`.... ... . .,... sottast....:...... sr•.....r....�.....:....�. ............._. ... Taiw` �:c>':'.x ... ......tz...'h.. ... .. ,... x�x......."Sak;;,?.k.>..................::.*x�,•«tk :.:r•.:t,.�t< ... '.tb!!� �.s..sH. ,»»:n: �,..:........... .. : >.,b,........ �...... >>s�... 3� ,:rfn..Rd" k:t::�k£•t`t%i <.t...t>:t.b.bt..3�3..w.r,t... ..:..x5..tt...<£«:«»t:t ^... . . .... .t.t ..... .......... .......... ...t..,... :.,,...,.,,.,..., .. ....,.... .�s«,vs. .. . ...: Y. ..... .K...........H.... .. .. >2... .......... ,., t,... ............, ..,.,......... ...{,t VI. NEW BUSINESS CONTINUED. B. Discuss alley closing request from DOT/Hamrick,Block 200 Council Member Williams asked if DOT condemns the property who will be held at fault,the City or Hamrick Trust. between Lots 12-15,City of Okeechobee-City Clerk(Exhibit 2) Attorney Cook said that both would probably be held liable. Council Member Chandler asked that if the alleyway is Continued. closed,does half of the property go to each adjoining property owner. It was confirmed that when an alley is closed • half of the property does go to each adjoining property owner. Mayor Kirk had concerns about proceeding with the closing without all adjoining property owners consent. After further discussion Council instructed the Clerk to proceed with the alley closing application and to notify DOT to have a representative present at the Pubic Hearing to explain to Council DOT's reasons justifying the alley(portion of) closing which they are requesting. C. Motion to request sole source procurement from DCA regarding City Administrator Veach informed Council that the State requires a minimum of three applicants for the grant CDBG grant administration-City Administrator. administrator for the CDBG. He said that the reason for the request to the State is that there was only one application submitted and approximately four phone inquiries about the position. Once the callers found out who the applicant was and that she was the same person that wrote the grant application they all declined to pursue their interest in the matter. Council instructed the City Administrator to proceed with the necessary documentation to the State,explaining that the City only received one application. Council Member Oliver moved to request sole source procurement from Department of Community Affairs (DCA) regarding Community Development Block Grant(CDBG)grant administration;seconded by Council Member Williams, VOTE KIRK-YEA CHANDLER-YEA OLIVER-YEA WATFORD-YEA WILLIAMS-YEA MOTION CARRIED. D. Motion to adopt Resolution No.01-7 regarding Statewide Mutual City Attorney read proposed Resolution No.01-7 by title only. "A Resolution of the City of Okeechobee,Florida Aid Agreement-City Attorney(Exhibit 3). to Approve and Execute Statewide Mutual Aid Agreement with the Division of Emergency Management, Department of Community Affairs;Authorizing the Coordination and use of Available Resources with Other Local and Regional Governmental Entities;Proving for Effective Date."