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
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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
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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.
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James E. Kirk, Mayor
ames E. Kirk, Mayor