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1064 Right of Reversion11111111111111111111111MMI FILE 2010009747 OR BY. 00691 PG 0220 DATE: 09/15/2010 01:18:38 P SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORID RECORDING FEES $18.50 RECORDED BY G Mewbourn Pgs 0228 221; (2ag ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING ORDINANCE NO. 1026; PROVIDING FOR EXTENSION OF RIGHT OF REVERSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 1026 on September 16, 2008, which provided for the abandonment of certain alleyways and rights -of- way hereafter described, but retained a right of reverter in the event the project planned for the property was not timely completed; and WHEREAS, the property owner, due to certain events beyond their control, was not able to complete the project in a timely manner, and the right of reverter is nearing its time to come into effect; and WHEREAS, it is in the best interests of the City of Okeechobee to further extend the time in which the property owner may complete the development and project, as such will improve the area; NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City of Okeechobee, that: SECTION ONE. Ordinance No. 1026 is hereby amended in the following respects: 1. THAT the lands subject to this ordinance are described as: A fifteen foot wide alley running East to West, between Lots 1 to 6, and 7 to 12 within Block 186, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with That portion of Southwest 5 Street, lying between the West boundary line of Southwest 3 Avenue and East boundary line of Southwest 4 Avenue and between the Southern boundary line of Lots 7 to 12 of Block 186 and the Northern boundary line of Lots 1 to 6 of Block 195, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida; together with That portion of Southwest 4th Avenue, lying between the South boundary line of Southwest 4th Street and the South boundary line of Southwest 5 Street and between the West boundary line of Lots 6 and 7 of Block 186 and West Boundary line of Southwest 5 Street and the East boundary line of Lots 1 and 12 of Block 187, and East boundary line of previously abandoned Southwest 5 Street, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5 of the public records of Okeechobee County, Florida. 2. THAT Section Three, paragraph (b) of Ordinance No. 1026 is hereby amended to state: b. That in the event the said property owner fails to obtain within twenty four (24) months hereof, a certificate of occupancy for Page 1 of 2 ATTST: 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 14 day of September 2010, and that the effective date of this ordinance shall be September 14, 2010. SECTION FOUR. CONFLICT. SECTION FIVE. SEVERABILITY. INTRODUCED for first reading and set for public hearing on the 17 day of August, 2010. Lane Gamiotea, All ordinances or parts of ordinances in conflict herewith are hereby repealed. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. o C, City Clerk ADOPTED after second and final reading at a public hearing held this 14 day of September, 2010. ATT ST: It IaALA 0- Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: /s /John R. Cook. John R. Cook, City Attorney their future development, then Rights -of -Way and Alley shall be declared open and the provisions of this ordinance declared null and void. Additional extension(s) for reverter clause time frame may be requested. Page 2 of 2 James E. Kirk, Mayor ames E. Kirk, Mayor