0862 Rezoning 1111111 011111111111111ii1 111111111NIIIl11I110HHIII
FILE NUM 2004014034
OR BK. 00538 PG 1550
SHARON ROBERTSON, CLERK OF CIRCUIT COURT
ORDINANCE NO 862 RECORDEDE 8/04!2004F10:55:49 Al
RECORDING FEES 18.50
RECORDED BY N Arnold
• AN ORDINANCE CLOSING,VACATING AND ABANDONING THE SOUTH
30 FEET OF SOUTHEAST 2ND STREET AND THAT UNPLATTED PARCEL
AS DESCRIBED HEREIN, BETWEEN 5T" AND 6T" AVENUE, CITY OF
OKEECHOBEE, AS RECORDED IN PLAT BOOK 2, PAGE 4A, PUBLIC
RECORDS,OKEECHOBEE COUNTY,FLORIDA;RETAINING A RIGHT OF
REVERSION; 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 received a Street Closing Application (No. 72) from Gary
Eubanks for the closing of a portion of a certain right-of-way as described in this
ordinance to utilize the entire property for future development; and
WHEREAS, a review of such application reveals that it is in the best interest of the citizens
of the City of Okeechobee as a whole to grant said application; and
WHEREAS, the granting of the application will serve a legitimate public interest and is a
proper exercise of the municipal authority of the City of Okeechobee as a
discretionary function;
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:
A portion of the 100 foot wide right-of-way(R/W)of Southeast 2nd
Street (formerly known as Seventh Street) and a portion of the
former, but now abandoned, right-of-way of the Florida East
Coast Railroad Spur, lying North of, adjacent to and coincident
with the North line of Lot "L" in Bock 252, Plat of Block 252,
Okeechobee Florida, according to the plat thereof recorded in
Plat Book 2, Page 4A of the public records of Okeechobee
County, Florida, being more particularly described as follows:
Beginning at the Northwest corner of said Lot "L" in block 252,
thence proceed North along the North extension of the West line
of said Lot "L" in Block 252, a distance of 30.00 feet to the
intersection with a line 30.00 feet North of (measured at right
angles to) and parallel with the aforesaid North line of Lot"L" in
Block 252;
Thence departing said extended line,run East along said parallel
line and the East extension thereof, a distance of 242.00 feet to
the intersection with the North extension of the East line of said
Lot "L" in Block 252;
• Thence departing said parallel line, run South along said
extended line, a distance of 76.10 feet to the Northeast corner of
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OR BP', 00538 PG 1551
said Lot "L" in Block 252, said curve is concave to the
Northwest, parallel with and 10.00 feet Southerly of the center
line of the aforesaid Florida East Coast Railroad Spur and is
• referenced by a chord distance of 127.00 feet;
Thence departing said extended line, run Northwesterly along
the arc of said curve and Northeasterly lot line, to a point that
measures 123.55 feet East of the aforesaid Northwest corner of
Lot "L" in Block 252;
Thence departing said arc of curve, run West along said North
line of Lot "L" in Block 252, a distance of 123.55 feet to said
Northwest corner of Lot "L" in Block 252 and the Point of
Beginning.
Section Two. In the event that the said applicant or his successor in interest fails to
obtain within twenty-four months hereof a certificate of occupancy for
development, then said right-of-way shall be declared open and the
provisions of this ordinance declared null and void.
Section Three. The City Clerk shall cause a certified copy of the ordinance to be
recorded in the public records of Okeechobee County, Florida.
Section Four. This ordinance shall be set for final public hearing the 3`d day of
August, 2004, and shall take effect immediately upon its adoption.
INTRODUCED for first reading and set for final public hearing this 15th day of June.2004.
c
James . Kirk, Mayor
ATTEST:
ih 7i!W .. ) 4fitl.,t q.U:-
Lane Gamiotea, ity Clerk
PASSED and ADOPTED on second and final public hearing this 3`d day of August,2004.
ATTEST: James E. Kirk, Mayor
1.- ,,
Lane ` ,/ ' � ( L; t i _-
Gamiotea, Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
,
John R. Cook, City Attorney
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