0886 Correcting Scrivener's Error I11 1111IIIIIIIIII11111I111111111 Mil 111111111111111INII1111 ,
FILE , 2005004279 OR BK. nil5`5 PG 0887 DATE: ii ,•'02,2005 02:16:42 PM
'AARON RO ERTEONr CLERK OF CIRCUtIT COURT OKEECHOBEE COUNTY, FL.
R!LC:ORDIHG FEES 10.50 RECORDED BY G Darst
EMERGENCY ORDINANCE NO. 886
• AN EMERGENCY ORDINANCE CORRECTING A SCRIVENERS'S ERROR
IN THE LEGAL DESCRIPTION OF ADOPTED ORDINANCE NO. 862
CLOSING, VACATING AND ABANDONING THE SOUTH 30 FEET OF
SOUTHEAST 2ND STREET AND THAT UNPLATTED PARCEL AS
DESCRIBED HEREIN, BETWEEN 5" AND 6" 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 21'
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 Block 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
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extended line, a distance of 76.10 feet to the Northeast corner of
said Lot"L" in Block 252, said corner being a point on the arc of
a non-tangent curve in the Northeasterly line of 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 1 st day of
March,2005 and shall take effect immediately upon its adoption.
INTRODUCED for emergency purposes this 15` day of March, ! .
ty` James E. K rk, Mayor
ATTEST: _
-I. ne Gamiot:a, City Clerk
PASSED, and ADOPTED on final public hearing this 15` day of , 2005.
A ST: 7 % James E. Kirk, Mayor
Lane Gamic d::, City Clerk
REVIEWED FOR LEG SUFFICIENCY:
John R. COok, City Attorney
Underlined language to be added
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