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1075 Street ClosureFILE NUM 2011009702 OR BK 00706 PG 0580 SHARON ROBERTSON, CLERK. OF CIRCUIT COURT OKEECHOBEE CDUNTYr FLORIDA RECORDED 10/05/2011 49:29 :32 AM RECORDING FEES $18.50 RECORDED BY M Pinon Pns 0580 - 581; (2aes) ORDINANCE NO. 1075 AN ORDINANCE CLOSING, VACATING AND ABANDONING THE STREETS, RIGHTS -OF -WAY OR EASEMENTS WITHIN THE CITY OF OKEECHOBEE, BEING THAT A PORTION OF NORTHWEST 3RD AVENUE (FORMERLY KNOWN AS MIAMI STREET) EXTENDING FROM THE RIGHT -OF -WAY OF SEABOARD AIRLINE RAILROAD COMPANY, NORTH, TO SOUTH BOUNDARY OF NORTHWEST 9T" STREET (FORMERLY KNOWN AS FIFTEENTH STREET) IN THE CITY OF OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS, OKEECHOBEE COUNTY FLORIDA, LYING BETWEEN BLOCK 47 AND BLOCK 48, CITY OF OKEECHOBEE, 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 learned that the Property Appraiser, Okeechobee County, has determined in its official maps and records that the South one -half of Northwest 3rd Avenue, from the real property of Edwin E. Walpole, III, trustee, Southward to the CSX railway right -of -way, is indicated to be a closed City Street; and WHEREAS, the City's records and maps indicate this portion of Northwest 3rd Avenue is an open street or right -of -way, with no record of an ordinance closing said street; and WHEREAS, title search reveals that this portion of Northwest 3 Avenue, as described herein, was deeded by R.E. Hamrick and Annie B. Hamrick, his wife, to Cecil Barber on January 31, 1955, by deed recorded at OR Book 61, Page 59, Public Records, Okeechobee County, Florida; and WHEREAS, at a City Council meeting on January 18, 1955, the official minutes indicate the City of Okeechobee moved, and approved, the closing of the described street, but it appears an ordinance to accomplish same was never prepared or recorded with the Clerk of Court; and WHEREAS, the City of Okeechobee, by adoption of this ordinance, approves, ratifies and closes the streets (Street Closing No. 11- 001 -SC), as hereafter described, pursuant to the action of the City Council on January 18, 1955, and to correct the City maps to correspond with the records of the Property Appraiser, Okeechobee County, Florida. NOW, THEREFORE, BE IT ORDAINED by 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: Section One. The right -of -way described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF NORTHWEST 3RD AVENUE (flk/a MIAMI STREET) EXTENDING FROM THE RIGHT -OF -WAY OF SEABOARD AIRLINE RAILROAD COMPANY, NORTH TO SOUTH BOUNDARY OF NORTHWEST 9T" STREET (f /k/a FIFTEENTH STREET) IN THE CITY OF OKEECHOBEE, FLORIDA, AS RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS FOR OKEECHOBEE COUNTY, FLORIDA. m"e.k7naiDnric,gon rFnlif7nl 1 nna7m PAnp 1 of 7 Section Two. Section Three. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. This ordinance shall be set for final public hearing the 4`" day of October, 2011, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 20"' day of September, 2011. ATTEST; Lane MC, City Clerk James E. Kirk, Mayor PASSED and ADOPTED on second and final public hearing this 4th day of October, 2011. ATTEST: '. ryu_o7QL ' Land Garrmiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1075 - Page 2 of 2 James E. Kirk, Mayor rzfulk7nRipnripcRi CFN #2011009702 Page 2 of 2