2010-04 Hwys. 441/70 beautificaton at intersectionA RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
SUPPORTING THE PROPOSED DESIGN CONCEPT FOR THE STATE
ROAD 70 AND U.S. HIGHWAY 441 INTERSECTION IMPROVEMENT
PROJECT; AND AGREEING TO REVERT THE CITY'S TITLE AND
INTEREST IN CERTAIN PARCELS OF FLAGLER PARK TO THE
HAMRICK TRUST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation (FDOT) has in its adopted Five Year Work
Program [FPID No. 424846-1-32-01] a project to improve the SR 70 /US 441 Intersection which
will require the acquisition of property from Flagler Park that is currently operated and
maintained by the City of Okeechobee; and
WHEREAS, the City Council of Okeechobee (City) supports the proposed design concept for
intersection improvement project as presented at this meeting and as was previously
presented to the public at a public workshop on April 1, 2010.
NOW THEREFORE, that such intent was presented at a duly advertised public meeting; and passed
by majority vote of the City; it is resolved by the City of Okeechobee, Florida, that:
a. That FDOT has indicated its intent to implement the five year work program under FPID
No. 424846- 1 -32 -01 for intersection improvements at SR 15 (Highway 441) and SR 70,
which will require acquisition of a portion of Flagler Park;
b. That the precise area of acquisition has not been determined, but estimated and
preliminary at this time to be 0.80 acres, which will be precisely set forth at the time
of completion of survey and project engineering;
c. That such acquisition and improvements in any event will not materially interfere with
the public's use and enjoyment of the park; that any oak trees or landscaping lost will
be replaced by FDOT, together with sidewalks and utilities as will be contained in final
engineering plans; and that the Veteran's Park and monuments therein will not be
moved or destroyed.
d. That at such time within this five year work program as the FDOT announces its intent
to acquire that portion of Flagler Park as described herein, and finalizes its agreement
of right -of -way compensation, the City agrees, upon request, to release and revert its
title and interest in that portion of Flagler Park to the trustees of the Hamrick Trust, as
it is generally known.
e. That regardless of this agreement, until such time as FDOT actually acquires title to
that portion of Flagler Park by recorded instrument, the real property shall retain it
present status as a public park, operated by the City for the use and enjoyment of the
public, and not subject the Hamrick Trust to any imposition of assessment, tax, or other
obligation.
This Resolution shall take effect immediately upon adoption.
INTRODUCED AND ADOPTED in regular session this 20 A• ril, 2010
Lane amiotea, C, City Clerk
REVIEWED FOR LEG S FFICIENCY:
John R. Cook, City Attorney
RESOLUTION NO. 10 -04
Resolution No. 10 -04 Page 1 of 1
James E. Kirk, Mayor