0847 Alley Closing ORDINANCE NO. 847
AN ORDINANCE AMENDING ADOPTED ORDINANCE NO. 832 CLOSING,
VACATING AND ABANDONING THE ALLEYS, ALLEYWAYS OR STREETS
• LOCATED IN BLOCKS 128, 135 AND A PORTION OF NORTHWEST 3RD
STREET,CITY OF OKEECHOBEE,AS RECORDED IN PLAT BOOK 1, PAGE
10, AND PLAT BOOK 5, PAGE 5, PUBLIC RECORDS, OKEECHOBEE
COUNTY, FLORIDA; REASSIGNING EASEMENTS FOR PUBLIC UTILITIES
PURPOSES; 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 received an application (No. 69) from the Board of County
Commissioners, Okeechobee, Florida for the closing of a certain street and alleys as
described in Ordinance No. 832 and adopted August 19, 2003; and
WHEREAS, Ordinance No. 832 as adopted incorrectly defines the reservation of utility
easement required by the City of Okeechobee; and
WHEREAS, the City of Okeechobee and Okeechobee County have reviewed the affected
Blocks and Lots and have mutually determined the description of easement necessary
for utility purposes.
NOW, THEREFORE, be it ordained by the City Council of 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 his designee, as Chief
Presiding Officer for the City:
Section 1: The City of Okeechobee, Florida hereby reserves unto itself, its successors and
assigns, a perpetual, non-exclusive easement for public utility purposes in, over
and under the following described portion:
That portion of the 15-foot wide alley right-o- way adjoining the Easterly
boundary of Lots 4 through 9 of Block 128 and that portion of the 15-foot
wide alley right-of-way adjoining the Easterly boundary of Lots 4 through
9 of Block 135 and that portion of Northwest 3`d Street lying between the
15-foot wide alley rights-of-way described above, all in the CITY OF
OKEECHOBEE according to the plat thereof recorded in Plat Book 1, Page
10 and Plat Book 5, Page 5 Public Records of Okeechobee County,Florida.
It is the intent of this reservation to create an uninterrupted 15-foot wide
easement from the North boundary of Block 128 to the South boundary of
Block 135.
Section 2: That the portion of Ordinance No. 832 which describes the easement retained
by the City set out in Section 2 thereof is hereby rescinded to the extent such
description conflicts with the revised description set forth herein.
Section 3: The City Clerk shall cause a certified copy of the ordinance to be recorded in the
public records of Okeechobee County, Florida.
Section 4: This ordinance shall be set for final public hearing the 2nd day of December,
• 2003, and shall become effective immediately upon its adoption.
FILE NUM 402640 OR BK OO5!!UI i 12/04/2003 09:21:14 AM
SHARON ROBERTSON' CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL
RECORDING FEES 10.50 RECORDED BY N Arnold
Page 1 of 2
OR BK 00518 PG 0701
INTRODUCED for first reading and set for final public hearing this 18t'' day of November,
2003.
•
fre-
• James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
PASSED and ADOPTED on second and final public hearing this 2"d of December, 2003.
James E. Kirk, Mayor
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
' ( '-
John R. Cook, City Attorney
•
Page 2 of 2