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12-001-SE Okeechobee Asphalt CITY OF OKEECHOBEE zw "` 55 SE THIRD AVENUE 9 OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 February 23, 2012 VIA EMAIL d robertson(ab-lynchpavi ng.com Dear Ms. Robertson: This letter is to officially advise you that the Board of Adjustments at its regular meeting on February 16, 2012, approved your Special Exception, Petition No. 12-001-SE, to allow a permitted use in excess of 45 feet in height in an Industrial (IND) Zoning District. Ref. Sec. 90-343 (8). Attached herewith please find a copy of the minutes for your records. Please reference City Code Book Sec. 70-348 effective time limit on approvals. Paragraph (4) Special Exception use and variance approvals shall have a valid period of not more than two years, prior to which a building permit application must be submitted or the approval shall lapse. Should you require additional information please do not hesitate to contact me. Sincerely, Patty M. Burnette General Services Coordinator enclosure FEBRUARY 16,2012-PLANNING BOARDIBOARD OF ADJUSTMENT AND APPEALS-PAGE 2 OF 4 AGENDA ACTION-DISCUSSION-VOTE V. OPEN QUASI-JUDICIAL PUBLIC HEARING-Chairperson. CHAIRPERSON HOOVER OPENED THE QUASI-JUDICIAL PUBLIC HEARING AT 6:02 P.M. A. Petition No. 12-001-SE submitted by Robert Gent,Vice President,of Petition No.12-001-SE was submitted by Mr.Robert Gent,Vice President,for the property owner,Okeechobee Asphalt the property owner,Okeechobee Asphalt&Ready Mixed Concrete, &Ready Mixed Concrete,Inc.,located at 503 NW 9th Street,to allow a permitted use in excess of 45 feet in height Inc.,for property located at 503 NW 9th Street,to allow a permitted within an Industrial(IND)Zoning District(Ref.Sec.90-343(8)). use in excess of 45 feet in height within an Industrial (IND)Zoning District(Ref.Sec.90-343(8))-City Planner. 1. Hear from Planning Staff. Mr.Brisson presented the Planning Staff Report recommending approval,stating the proposed project replaces the existing 45 foot silo with a more efficient,environmentally friendly 65 foot silo.This would increase the capacity from 100 to 150 tons.The traffic increase would be relatively minimal.Since the silo will be located on the northern most end of the property,the residential area located to the south should not be affected. 2. Hear from the Property Owner or designeelagent. Mr.Gent was present to respond to questions from the Planning Board.There were none. 3. Hear from the public for comment. Chairperson Hoover yielded the floor for public comment at this time.There were none.There were 15 notices mailed to surrounding property owners and one was returned undeliverable.No replies were received to date. 4. Board Discussion. The floor was opened for Board discussion,there was none. 5. Consider motion and vote. Member Burroughs moved to approve Petition No. 12-001-SE for property located at 503 NW 9`h Street,Legal:Lots 1 to 6 inclusive;less the South 20 feet of Lots 1 to 3;and Lots 7 to 14 inclusive;the North 40 feet of Lot 15;the North 84.5 feet of Lots 17 to 21; and the alleyway lying between Lots 6 to 10 and Lots 17 to 21; all in Block 46; City of Okeechobee,to allow a permitted use in excess of 45 feet in height within an IND Zoning District(Ref.Sec.90-343(8)); seconded by Member Baughman. VOTE HOOVER-YEA BURROUGHS-YEA BRASS-YEA KELLER-ABSENT LUVIANO YEA MCCOY-YEA RITTER-YEA MORGAN-ABSENT BAUGHMAN YEA MOTION CARRIED. .off IL In Staff Report Special Exception Request Prepared for The City of Okeechobee Applicant: Okeechobee Asphalt and Ready Mix Concrete, Inc. Petition No.: 12-001-SE !5 !j�Planning; Manag;elm-nt scrviccs' Inc. s 1 i'i l:+sk-+un SlasL.tiuity?t1S ..Fri tl rety.Flnrnl. Serving; Flrrf*h Local Govt-rnment5 Since 1988 Staff Report Applicant's Name. Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE General Information Owner/Applicant: Okeechobee Asphalt& Ready Mixed Concrete, Inc. Applicant Address: P.O. Box 1994 Okeechobee, F134973-1994 Site Address: 503 NW 9th Street, Okeechobee, FL 34972 Contact Person: Robert P. Gent, Vice President Applicant/Contact 863-763.7373 Phone Number: E-mail Address drobertson @lynchpaving.com Existing Proposed Future Land Use Map Classification Industrial Industrial Zoning District IND IND Use of Property Asphalt & Ready Asphalt& Ready Mix Concrete Mfg. Mix Concrete Mfg. Acreage 2.993 2.993 Legal Description of Subject Property: PARCEL: R3-15-37-35-0010-00460-001A LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20 FEET OF LOTS 1, 2 AND 3; LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 FEET OF LOT 15; THE NORTH 84.5 FEET OF LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21; ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Item before the Board of The matter for consideration by the City of Okeechobee Board of Adjustment is an application requesting a Special Exception to allow replacement of the existing 45-foot high silo with a more efficient, environmentally friendly 65-foot high silo. All structures in excess of 45 feet require approval of a special exception. 1 5.-rtiin�,1']<arida Lxa+.;oerrnrn tiinee t98h Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE ■ - Okeechobee Asphalt wishes to replace its current 45-foot silo with a "more efficient, environmentally friendly" 65-foot silo. The present facility has a capacity of 100 tons and the new facility has a rated capacity of 150 tons. Zoning Adjacent Future Land Use Map Classifications and Districts North: Future Land Use Map Industrial Classification: Zoning District: IND Existing Land Use: Pond East: Future Land Use Map Industrial and Classification: Single-Family Zoning District: IND Existing Land Use: Warehouse South: Future Land Use Map Single-family and Classification: Commercial Zoning District: IND Existing Land Use: Vacant West: Future Land Use Map Industrial Classification: Zoning District: IND & CHV Additional Okeechobee Existing Land Use: Asphalt and Ready Mix Concrete facilities Section 70-373(b) requires that the Applicant address, during his/her presentation to the Board of Adjustment, the following standards for granting a Special Exception. The Applicant has submitted brief statements addressing these standards as part of the Application. These are repeated herein in Times Roman typeface and are followed by the Staff Comments. "e-QKM -W- 2 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE (1) Demonstrate that the proposed location and site are appropriate for the use. "The operation will remain as previously described." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line. (2) Demonstrate how the site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood, or explain why no specific design efforts are needed. "The silo is designed to be more energy and environmental efficient. This business has been operation for many years and has been and will continue to be comparable to the surrounding area." We do not believe that specific design efforts are needed. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. (3) Demonstrate any landscaping techniques to visually screen the use from adjacent uses, or explain why no visual screening is necessary. "No visual screening is necessary this is an industrial area." We agree. While the silo will be higher, the addition of landscaping will have no practical buffering effect in relation to the increase in height. (4) Demonstrate what is proposed to reduce the impacts of any potential hazards, problems or public nuisance generated by the use or explain how the nature of the use creates no such potential problems. "No change expected, the proposed silo will present less potential for any type of hazard as it is manufactured with the latest safety standards." We agree that there is no change in the basic operation as a result of the increased height. The employment of modern environmental standards and energy efficiency can be expected to reduce the possibility of hazards or nuisances. 3 tiwtir,Ig I-knid., la—d 6-11 ,'W,111-11,brvta- ;<7tis Staff Report Applicant's Name., Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE (5) Demonstrate how the utilities and other service requirements of the use can be met. "Silo will not increase any extra utility services." No specific information regarding the demand upon utility services has been presented. (6) Demonstrate how the impact of traffic generation will be handled off site and on- site. "We are not anticipating any additional traffic to be generated." The Applicant has not provided any specific information regarding potential traffic generation related to the increased capacity associated with the taller plant. We expect traffic generation is rather minimal and the increased height and capacity are not expected to appreciably increase the number of trucks or other vehicles on the roadway network. We expect the Applicant will have someone present at the February 16th meeting to address this matter should it be necessary. When reaching a conclusion on a Special Exception request, the Board of Adjustment shall consider and show in its record the following findings as set forth in Section 70- 373(c). The Applicant has submitted brief statements addressing these requirements and they are repeated herein for ease of review by the Board. Staff comments follow thereafter. 1. The use is not contrary to the Comprehensive Plan requirements. "According to the Comprehensive Plan, Industrial Use Permits large scale manufacturing which is currently in use and will not change with the replacement of the existing plant to a more energy efficient plant. We agree the use and height associated with the new facility is not contrary to the Comprehensive Plan. 4 �,r�mg M, Ii A«R* Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE 2. The use is specifically authorized as a special exception use in the zoning district. "LDR's state that a special exception is required for the height of the silo in excess of 45'." We agree height in excess of 45 feet is allowable as a special exception in the Industrial zoning district. 3. The use will not have an adverse effect on the public interest. "There will be no further adverse effect as there is currently an operational silo in place we are only installing a more modern energy efficient silo in its place." We agree. There is no change in the basic operation as a result of the increased height and therefore no adverse effect upon the public can be expected as a result of the increase in height. 4. The use is appropriate for the proposed location, is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use patterns. "There will be no change in the location of the proposed new silo, it will replace the existing silo with the adjacent uses." We agree that the site is appropriate for the use; it is in an industrial area adjacent to a rail line. The site is surrounded by industrial lands or lands either used for industrial activities or vacant but designated for industrial or industrial types of uses. 5. The use will not adversely affect property values or living conditions, nor be a deterrent to the development of adjacent property. "There will be no adverse effect on adjacent property. This is only a new, energy efficient silo replacing the current silo. We agree. The new structure will only improve the appearance of the use and the additional height should have no appreciable effect upon development of adjacent properties. 5 Saving Florida l-',A A;1c 11IMI,Ilk 15,oxo i«y4 Staff Report Applicant's Name., Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE 6. The use may be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. -The replacement will have no further impact on any adjacent uses. Although the plant will be higher, additional landscaping will have no practical buffering effect in relation to the increase in height. 7. The use will not create a density pattern that will overburden public facilities such as schools, streets, and utility services. "Density has no bearing on Silo height." Density is not considered a factor associated with industrial use. 8. The use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "This is a silo replacement only and will not create any further traffic, flooding, drainage or public safety issues." We do not expect that the proposed replacement will have any effect upon the potential for flooding, drainage or public safety issues. The Applicant has not provided any specific information regarding potential traffic generation related to the increased capacity associated with the taller plant. We expect traffic generation is rather minimal and the increased height and capacity are not expected to appreciably increase the number of trucks or other vehicles on the roadway network. We expect the Applicant will have someone present at the February 16th meeting to address this matter should it be necessary. 6 Sct-%m, II...id., 1 —I •i•rtit 'i a; tt1Sr. Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE Based upon the foregoing analysis and findings, Staff recommends that Petition No. 12- 001-SE be approved. Submitted by: Wm. F. Brisson, AICP Planning Consultant February 8, 2012 Hearing: Board of Adjustment and Appeals, February 16, 2012 Attachments: Future Land Use Map Zoning Map Aerial photograph 7 tisrrt mr F3ikrida 1.=vial t M r;;i,°flt, ,Sn,.<- lUh,` Staff Report Applicant's Name. Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE FUTURE LAND USE SUBJECT SITE AND ENVIRONS Subject Property =fT 7 a 28 x n NW 10TH STRE'" u D t i t z W 1U 8 > i io 38 l!S tQ a26t 2 23 24 .n sa 1S 11 `7 t8 trt 20 N.W. 9 H STREET 46 17 IT 19 I;_t Al 14 is 1h IT is CSX T N.W. 8 TH STREET t tt tt t. 1 2 1 1 w W UJ �a 1 t ] Z 4 a > is 4 tr t� 18 8 z 19 z COMPREHENSIVE PLAN 10 LAND USE _` -Ff4ML `: iLTt FAMILY COMMERCidi INDU ETRIAL PUS LIC FA.-- _"'TIE_ '.JIXE0 j- 8 tict�iny;fl[rriiLr Lnc:O Gnct>rnntentc Slr1rr 14t;K Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE ZONING SUBJECT SITE AND ENVIRONS Subject Property w it ri4 $TREE: i 28 0 PIT 41 ✓ u DO ows � � 44 45 416 47 W T ZONING ,r 'JIlMCORPORATEC, GCHC-tayiMEU'iiNES3 FM�TRR:T CW NFMYe.(11.R.1FRC3k CLT.10i,T<-1-MI -?.,AL. H W.YDItOJ Intl f'C?! PUgtt:�FA:ILITIEC vtKl R RIkIF REStCPENT1A:l,tlJl T1=h",. RFA.rI RF�InFN11:2 i.YlPp r ii:"i- RS: REVCiENTIAL 51W.l.E.fF'.9F�' Wzr ahm 9 5l•rring,rtorida Locals cocernmem<NinCe 1099 Staff Report Applicant's Name: Okeechobee Asphalt Special Exception Request Petition No. 12-001-SE SUBJECT SITE AND ENVIRONS / Subject Property iF �„,• �, fit• � ., .jo..: w _ �y�H�' ' } l �'"�•'yfii:".r 1 _II� ,� xq ..�� l :. ' Icy ...—.—....-.....,-.„. _ r..... ... . ` . .,• Okeechobee Asphaltl,J fig' Mw I 10 �cnhvg [Am id., I.uc:d t;ocernmcnrs hind” 1988 .oF•OKFFC9 CITY OF OKEECHOBEE p 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 February 9, 2012 VIA E-MAIL drobertson(cD-Iynchpavinp.com Please be advised that the Planning Board, Board of Adjustments and Appeals of the City of Okeechobee will be considering Application No. 12-001-SE to allow a permitted use in excess of 45 feet in height for property located within an Industrial (IND) zoning district, ref. Sec. 90-343(8) of the City's LDRs on Thursday, February 16, 2012 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report. If you, or a representative, cannot attend this meeting please contact my office at (863) 763-3372 ext. 218. Sincerely, PdJ�q M, Patty M. Burnette General Services Coordinator attachments INDEPENDENT_ �NEWSPAPERS OKEECHOBEE NEWS 107 S.W.17th Street,Suite D,Okeechobee,FL 34974 (863)763-3134 J STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Tom Byrd, who on oath says he is Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, tl}at the attached copy of advertisement being a � in the matter of 1� � — PUBLIC NOTICE lJJ i CONEDERATION OF A PROPOSED SPECIAL EXCEPTION _ in the 19th Judicial District of. th` Circuit Court of A PusLt and c HUM MG w#1 be held before the 'of Okeechobee Board° Appeals on Tharsdntr,Febrgw 16,2012 at 600 pm. as soon as possible,at qlY MaN,55$E 3rd Ave,.CotwKN Charn- Okeechobee County, Florida, was published in said Rin700 Okeechobee,Fes.The agenda isavauableonthe City wet, www. com, or contact the General Sevices Mnent, !cK)ofokeechobee.com,863-763-3372 X 218. newspaper in the issues of Pnon s 1- aft&Ready MhaCd 6o albw ppeerrmmdbid uses In excess of for Me feet in -an Industrial(INS Z�pN�WD6trkt(Ref.Cod I n 20 feet of lots 1 to 3 andFats 7 W 1hp fal of(st ir;the North 81.5 feet of lA[5 i7 to 21• Affiant further says that the said Okeechobee News the allebelwt en tats 6 bu 10 and Lots 17 lb 21;ad In Cky of Accorft to the plat thereof as recorded in 5,F~dge 51 PtM R Okeechobee County.F"Ida. is a newspaper published at Okeechobee, in said rUl members of bile 0*are encouraged to attend and pa=In sak Okeechobee County, Florida, and that said newspaper an 'em+�347m, t aholkla,' d d'n`'�' "°`"� The board of A .*and serves as the dedslon ma has heretofore been published continuously in said „ �al'.o. EDardiiy pers'oc• any aetlstan i df 6y the Scard of AMushnent andq�wb re Okeechobee County, Florida each week and has been m amr 1twdDer at*"meedn,or hearkv need to en entered as second class mail matter at the post office in a ax,> n9spmadstobe aced. Includes the and wnkphUrtphpeSEapp�l is for based Garen P media � t eWatvth DisablAct(�)a 1 Okeechobee, in said Okeechobee County, Florida, for a spedai acrnrixn6dn�i t, le orK emceed. should con eriod of one year next preceding the first publication ae1e`a' nisbab6-33�zf�assismm�. P Y P g P Brlarr whrcenafl,zontrg Aarrmistrator of the attached copy of advertisement, and affiant fur- � iS ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for.-publication in the said newspaper. f _. �- ..._.._. ____.___.. _ Tom Byrd Sworn to and subscribed before me this —_day of �%'Z �- >__x C/`l- AD Notary Public, State of Florida at Large 'Mtk PUBLIC-STATE OF-FT. RM'. Angie Bridges j 1 Commission#DD779718 '• ?.='Expires: APR.20,2012 BONDED THRU ATLANTIC BONDING CO.,LYC CITY OF OKEECHOBEE -1:045 r C, -Uj 55 SE 3rd AVENUE 322''°` j OKEECHOBEE, FL 34974 o 02101i201 a Marled From 3°�74F s D RECEIVED FEB 0 S 2012 I" Missionary Baptist Church P. O. Box ?,Inn N I X1 E 304 6E 1 00 02 10:3112 12 RETURN TO SENDER 'VACANT UNABLE TO FCsPWARD SC: 34974290355 *1206--01472-02--04 ►„�1„l,�I��),,2�„1,I��l„I,ll�l„Il„>>�!),�i,i„3�i,�,1„i i 4 I I i 1 i 3 City of Okeechobee 55 SE Third Avenue Tele:863-763-3372 Ext.218 Okeechobee,FL Fax:863-763-1686 Dear Property Owner: February 1, 2012 The Planning Board wishes to inform you of a Public Hearing to consider Special Exception Petition No. 12-001-SE to allow a permitted use in excess of 45 feet in height Ref. Sec.90-343(8)for property located at 503 NW 9'Street. The Public Hearing for citizen discussion will be held at City Hall on Thursday, February 16,2012 at 6:00 p.m.,or as soon thereafter as possible. A copy of the application and agenda are available in General Services,Rm 101.You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M. Burnette,General Services Coordinator Please take notice and be advised that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. City of Okeechobee ' 55 SE Third Avenue Tele:863-763-3372 Ext.218 Okeechobee, FL Fax:863-763-1686 Dear Property Owner: February 1,2012 The Planning Board wishes to inform you of a Public Hearing to consider Special Exception Petition No. 12-001-SE to allow a permitted use in excess of 45 feet in height Ref. Sec.90-343(8)for property located at 503 NW 9t'Street The Public Hearing for citizen discussion will be held at City Hall on Thursday, February 16, 2012 at 6:00 p.m.,or as soon thereafter as possible.A copy of the application and agenda are available in General Services,Rm 101. You are invited to attend and be heard in person or submit your comments in writing. Respectfully, Patty M.Burnette,General Services Coordinator Please take notice and be advised that all interested parties and citizens shall have the opportunity to be heard at these public hearings. Any person deciding to appeal any decision made by the Planning Board with respect to any matter considered at this meeting or hearing will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. CITY OF OKEECHOBEE, FLORIDA 55 S.E.3rd Avenue,Okeechobee, FL 34974 No , r ' (863)763-3372 t2- 3 20 ► I RECEIVED from LvqLk Pavi 1 . C n 6 me l v/I i ll d - Y1ati r-td i t GuZCL Dollars QR� '/ ', 7 9 CLERK ACTuiii- Acres Amow, du e An-ou,,+ Pad Q/eraie, City of Okeechobee Date: I -30-1 Petition No. General Services Department Fee Paid:637.y© '-C'11�7111 Jurisdiction: O1� 55 S.E. 3'd Avenue, Room 101 151 Hearing: -1 t'.o- 2' Hearing. N /} Publication Dates: Okeechobee, Florida 39974-2903 Notices Mailed: Rezone, Special 5xception and Vat ancie APPLICANT INFORMATION 1 Name of property owner(s): 10keechobee Asphalt&Ready Mixed Concrete, Inc. 2 Owner mailing address: PO BOX 1994, Okeechobee, FL 34973-1994 3 Name of applicant(s) if other than owner 4 Applicant mailing address: 4a e-mail address: drobertson @lynchpaving.com 5 Name of contact person (state relationship): Robert P. Gent, Vice President 6 Contact person daytime phone(s): 863-763-7373 PROPERTY INFORMATION Property address/directions to property: 5LwNpi gtA%S l 0-vC e, 1/Tv 7 From City Hall,take Hwy 70 West to Hwy 441 turn North go over the railroad tracks and turn left on NW 9th Street approximately 1/2 mile on South Side of Road. Describe current use of property: g Manufacture of Asphalt and Ready Mixed Concrete. Describe improvements on property number/type buildings, dwelling units , occupied or vacant, etc. 1 Asphalt plant, Control Office with a 45'silo with a storage capacity rating of 100 tons, 1 Concrete plant with control 9 office,4 Maintenance&Equipment Shops, 1 Office Building. 10 Approx. acreage:4~Acres,-d,gCJ3is property in a platted subdivision? s t ere a use on the property that is or was in violation of a city or county ordinance. If so, describe: No 11 12 Is a pending sale of the property subject to this application being granted? Describe uses on adjoining property to the North: 13 North: FDOT CONSTRUCTION YARD East: WALPOLE TRUCKING FACILITY South: CSX RAILROAD West: OARMC CONCRETE PLANT 14 Existing zoning: Future Land Use classification ave there been any prior rezoning, special exception, variance, or site plan approvals on the property. 15 (xx ) No (__--) Yes. If yes provide date, petition number and nature of approval 16 Request is for: (_) Rezone ( XX) Special Exception (_} Variance 17 Parcel Identification Number: 3_ _ 5 GO I tot (Rev.04/11) Page 1 of 11 REQUIRED ATTACHMENTS Applicants statement of interest in property: 5f.. Q_3+3 (S?18 Replace o-�5'S,la av,'r1 c�_ capaci aF ioCtans taQ md�� c�Ffieief, environmCnkaJ -Fniend1� 4,Si silo Witt x r-a_-cd 16,.pe e of 150 -tuns Non-refundable application fee: Rezoning: $850 plus $30 1acre; Special Exception: $500 plus $30/acre; Variance: $500 19 Note: Resolution No. 98-11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner(if applicant is different from property owner) Three property surveys (one no larger than 11@ x 17 @) containing: a. certified boundary survey, date of survey, surveyor-s name, address and phone number 22 b. Legal description of property pertaining to the application c. Computation of total acreage to nearest tenth of an acre 23 List of surrounding property owners with addresses and location sketch of the subject property. See the Information Request Form from the Okeechobee Property Appraiser-s Office(attached) 24 Affidavit attesting to completeness and correctness of the list(attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature Printed Name Date For questions relating to this application packet, call General Services Dept. at(863)-763-3372, Ext. 218 (Rev 01/12) Page 2 of 11 FIR NUN 200730049 This Instrument was prepared by., 0R e.K 00 627 P G 117-' SHARDH ROBERTSOMP CLERK OF CIRCUT STEVEN F. SQUIRE, Esq. DKEEMBEE. CGUHTYF FL T 625 Northeast Third Avenue RECGRDcD WOP/2007 10:47:36 AN Ft Lauderdale, Florida 33304 RECOR'DING FEES 27.00 DEED DD r' ids?675.00 RECORDED BY 6 flewbOuril Parcel I.D. No. 3-15-37-35-0010-00460-001A Fgs 1092 - 1094F 113p95) 3-15-37-35-35-0010-0450-0010 2-16-3735-OA00-00003-A000 3-15-37-35-0010-00450-001A WARRANTY DEED This Indenture, made this,,-&!%y of March, 2007, between GLOWACKI FAMILY ENTERPRISES, INC., a Florida corporation, whose post office address is 2 Greglen Avenue, PMB 54, Nantucket, MA 02554, grantor, to OKEECHOBEE ASPHAL T&READY MIXED CONCRETE, INC., a Florida corporation, whose post office address is 503 NW 9" Street, Okeechobee, FL 34972, grantee, Witnesseth that said grantor, for and in consideration of the sum of Ten and no/100 Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: See Exhibit "A"Legal Description SUBJECT TO restrictions, easements and limitations ofrecord, if any and zoning and other governmental regulations and restrictions and Real Estate taxes for the current year and subsequent years. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantorhas good right and lawful authority to sell and convey said land, and hereby hilly warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: GLOWACKI FAMILY ENTERPRISES, INC., a Florida corporation B ®,-- �o c y: Seal) Print Name "+fit INIK4 aLitIFSi—G Kim Glowacki, its President Print Name S-k u e .13 a c;<v J STATE OF MASSACHUSETTS } )SS: COUNTY OF NANTUCKET } The foregoing instrument was acknowledged before me this 9g-la-y of March, 2007, by Kim Glowacki, as President of GLOWACKI FAMILY ENTERPRISES, INC., a Florida corporation; who is personally known to me or who has produced rMA. o4-ICAB ZM, as identification. Notary Public Print Name: Commission #. My commission expires: OMM V.JOHNSON,JR.,Notary Ptd*o Nly C?ommiss 0pres Jane 20,2D08 EXHIBIT"A" LEGAL DESCRIPTION Parcel 1: R3-15-37-35-0010-00460-OOIA LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20 FEET OF LOTS 1, 2 AND 3; LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 FEET OF LOT 15;THE NORTH 84.5 FEET OF LOTS 17 TO 21;AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21;ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 5,PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. Parcel 2: R3-15-3735-0010-00450-0010 LOTS 1, 2, 3 AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Parcel 3: R2-16-37-35-OAO.O-00003-A000 THE EAST SIXTY(60)FEET OF THE FOLLOWING DESCRIBED LAND;BEGINNING AT THE NW } CORNER OF BLOCK 45, OKEECHOBEE,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2,PAGE 17,PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET,THENCE SOUTH ALONG THE EAST LINE OF TUSCA.LOOSA STREET TO 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY; THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45, THENCE NORTH ALONG THE WEST SIDE OF SAID BLOCK 45,200 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING A PART OF TRACT MARKED "RESERVED" AND A PART OF THE FORMER, BUT NOW ABANDONDED,FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. Parcel 4: R3-15-37-35-0010-00450-001A THAT PORTION OF NW 7'H AVE LOCATED SOUTH OF NW 9" STREET,BETWEEN BLOCK 45 AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING NW 7TH AVENUE FROM THE SOUTH BOUNDARY OF NW 9TH STREET, RUNNING SOUTH TO THE RIGHT-OF-WAY OF THE SEABOARD LINE RAILROAD TRACKS. ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE #641, DATED NOVEMBER 5, 1991, RECORDED IN OFFICIAL RECORDS BOOK 328, PAGE 114, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. Attorneys' Title Insurance Fund, Inc. Privacy Policy Notice PURPOSE.OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies aAd practices, such,as the tune of.infoxxnation that. it c 1leGtc about.yri�i. Intl the. * gories.of persons or entities to whom it may be disclosed. In compliance with the GLBA,we are providing you with this document, which notifies you of the privacy policies and practices of Attorneys' Title Insurance Fund,Inc. 1. INFORMAT7ON WE COLLECT.• We may collect nonpublic personal information about you from the following sources: • Information we receive from you,such as on applications or other forms. • Information about your transactions we secure from our files,or from our affiliates or others. • Information we may receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. 2. JAWORM,ATTOIV W.F.-D7SCL.OSE.TO Y-VIR:D PA-R TLES AS PER M�TTRD BYL.-4W..- We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE' THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 3. OUR PRACTICESREGARDING INFORMATION CONFIDENTL4LI7YAND SECURITY. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ATTORNEY'S TITLE INSURANCE FUND,INC. Owner's Policy SCHEDULE A Policy No:OPM-2928138 Effective Date:May 22, 2007 Agent's File Reference: 07-0122 at 11:00 PM Amount of Insurance: $1,525,000.00 1. Name of Insured: OKEECHOBEE ASPHALT &READY MIXED CONCRETE,INC.,a Florida corporation 2. The estate or interest in t q land described herein and.whirch is covered by this policy is a fee simple (if other, specify same) and is at the effective date hereof vested in the named insured as shown by instrument dated March 28, 2007 and recorded on April 9, 2007 in Official Records Book 00627 at Page 1092 of the Public Records of Okeechobee County,Florida. 3. The land:referred to in this policy is described as follows: See attached Exhibit"X' ISSUED BY: Agent No. 5029 STEVE E.MOODY Moody, Jones,Montefusco, hrgino &Morehead, P.A. 1333 S. University Drive#201 Plantation,FL 33324 Agent's Signatur American Land Title Association Owner's Policy-10-f7-92. (With Florida Modifications) OWAER'S TITLE INSURANCE POLICY .ttox° ey�' ' 'ate Insurance Inc. ORLAAAlDO,FLORIDA SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDI IONSAND STIPU- LATIONS,ATTORNEYS' TITLE INSURANCE FUND, INC., a Florida corporation, herein called The Fund,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of 1. Title to the estate or interest described in. Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Fund will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to,the extent provided in the Conditions and Stipula- tions. i In Witness Whereof,ATTORNEYS' TITLE INSURANCE FUND,INC. has caused this policy to be signed and seated as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Attorneys' Title Insurance Fund,Inc. ; It'..SEAL.;;` > . By Charles., Kovaleski President f d .., i g ' n '`'' 7` S E R I A L P i OPM - 2928 3 E,> FUND FORM OPM(rev.3/98) EXCLUSIONS FROM COVERAGE The following xnafters are expressly excluded from the coverage of this policy and The Fund will not pay loss or damage,costs,attorneys' fees or expenses.which arise by reason of; Y: (a�` rsny law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations) restttting,regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice ofa defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above.,except to the extent that a notice of the exercise thereof or a notice ofa defect,lien or encumbrance resultingfrom a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to The Fund,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to The Fund by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy_ 4. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms from the insured of either(i)all estate or interestin the land,or(ii)all The following terms when used in this policy mean: indebtedness secured by a purchase money mortgage given to the (a) 'insured":the insured named inScheduleA,and,subjecttoany insured. rightsor defenses The Fund woutd have had against the naxnedinsured, 3. Notice of Claim To Be Given by Insured Claimant those who succeed to the interest of the named insured by operation of The insured shall notify The Fund promptly in writing(i)in case of any law as distinguished from purchase including,but not limited to,heirs, litigation as set forth in Section 4(a)below,(ii)in case knowledge shall distributees,devisees,survivors,personal representatives,next of kin, come to an insured hereunder of any claim of title or interest which is or corporate or fiduciary successors adverse to the title to the estate or interest,as insured,and which might (b)."insured claimant":an insured claiming loss or damage. cause Ioss or damage for which Th�Fund may be liable by virtue of this (c) "knowledge"-or"known": actual knowledge, not constructive policy,or(iii)if title to the estate qr,interest,as insured,is rejected as knowledge or notice which may be imputed to an insured by reason of unmarketable.lfprompt notice shall not be given to The Fund,then as the public records as defined in this policy or any other records which to the insured all IiabilityofThe Fundshall terminate with regard to the impart constructive notice of matters affecting the land. matter or matters for which prompt notice is required; provided, (d)"land": the land described or referred to in Schedule A,and however,that failure to notify The Fund shall in no case prejudice the improvements affixed thereto which by law constitute real property rights of any insured under this policy unless The Fund shall be The term"land"does not include any property beyond the lines of the prejudiced by the failure and then only to the extent of the prejudice. area described or referred to in Schedule A,or any fight,title,interest, 4. -Defense and Prosecution of Actions;Duty of Insured Claimant estate or easement,in abutting streets,roads,avenues,alleys,lanes,ways To Cooperate or waterways, but nothing herein shall modify or limit the extent to (a) Upon written request by the insured and subject to the options which a right of access to and from the land is insured by this policy, contained in Section 6of these Conditions and Stipulations,The Fund, (e) "mortgage": mortgage, deed of trust, trust deed, or other at its own cost and without unreasonable delay,shall provide for the security instrument defense of an insured in litigation in which any third party asserts a (f) "public records": records established under state statutes at claimadverse to the title or interest as insured,but only as to thosestated date of Policy for the purpose of imparting constructive notice of causes of action alleging a defect,lien or encumbrance or other matter matters relating to real property to purchasers for value and without insured against by this policy.The Fund shall have the right to select knowledge. With respect to Section 1(a)(iv) of the Exclusions from counsel of its choice (subject to the right of the insured to object for Coverage,"public records"shall also include environmental protection reasonable cause)to represent the insured as to those stated causes of liens filed in the records of the clerk of the United States district court action and shall not be liable for and will not pay the fees of any other for the district in which the Iand is located. counsel.The Fund will not pay any fees,costs or expenses incurred by (g) "unmarketability of the title": an alleged or apparent matter the insured in the defense of those causesofactionwhich allege matters affecting the title to the land,not excluded or excepted from coverage, not insured against by this policy. which would entitle a purchaser of the estate or interest described in (b)The Fund shall have the right,at its own cost, to institute and Schedule A to be released from the obligation to purchase by virtue of prosecute any action or proceeding or to do any other act which in its a contractual condition requiring the delivery of marketable title. opinion may be necessary or desirable to establish the title to the estate 2. Continuation of Insurance After Conveyance of Title or interest,as insured,or to prevent or reduce loss or damage to the The coverage of this policy shall continue in force as of Date of Policy insured.The Fund may take any appropriate action under the terms of in favor of an insured only so long as the insured retains an estate or this policy,whether or not it shall be liable hereunder, and shall not interest in the land,or holds an indebtedness secured by a purchase thereby concede liability or waive any provision of this polio/.if The money mortgage given bya purchaser from the insured,or only solong Fund shall exercise its rights under this.paragraph, it shall do so as the insured shall have liability by reason of covenants of warranty diligently. made by the insured in any transfer or conveyance of the estate or (c) Whenever-The Fund shall have brought an action orinterposed interest.This policy shall not continue in force in favor of any purchaser a defense as required or perin itted by the provisions of this policy,The and may pursue any litigation to final determination by a court of by the insured claimant which were authorized by The Fund up to the competent jurisdiction and expressly reserves the right, in its sole time of payment and which Tie Fund is obligated to pay;or discretion,to appeal from any adverse judgment or order. (ii) to pay or otherwise sshttle with the insured claimant the loss (d)In all cases where this policy permits or requires The Fund to or damage provided for under this policy, together with any costs, prosecute or provide for the defense of any action or proceeding,the attorneys'fees and expenses incurred by the insured claimant which insured shall secure to The Fund the right to so prosecute or provide were authorized by The Fund up to the time of pax ent and which The defense in the action or proceeding, and all appeals therein, and Fund is obligated to pay. permit The Fund to use,at its option,the name of the insured for this Upon the exercise by The Fund of either of the options provided for in purpose,Wheneverrequested by The Fund,the insured,atThe Fund's paragraphs(b)(i)or(ii),The Fund's obligations to the insured under expense;_shall give The Fund all reasonable aid (i) in any action or this policy for the claimed loss or damage.,other than the payments proceeding, securing evidence, obtaining witnesses, prosecuting or required to be made,shall terminate;including any liability or obliga- defendirig the action or proceeding,or effecting settlement,and (ii) lion to_defend,prosecute or continue any litigation. in-any other IaV l act whicki in the opinion of The Fund may be 7.Determination;'Extent of Liability and Coinsurance necessary or desirable.to establish the title to the estate or interest as This policy is a contract of indemnity against actual monetary loss or insured..If The.Fund is prejudiced by the failure.of the.insured,to. damage sustainedorincurredby the insured claimant who has suffered furnish file teqqirq'Jf cooperation, The Funds obligations to the loss,or damage by.reason of matters insured against by this polity and uasured under'21 a policy shall terinixiate;including any liability or only t the extent herein described obhganori.to defend prosecute,or.continiie any itigaaan,yi th regard (a)Tlie liability of The Fund under this policy shall not exceed the to rile matter or matters equinng such cooperatio_rt, least of: 5: Proof of Loss o;Damage (1) the Amount of Insurance stated in Schedule A;or, Ti;additEO.ri to and,after[tie notices.:required under Sect%oii 3 of these (ii)the di#ference between the value of the insured estate or Condiuo s and stipulations have been prov ded'T'he Fund;a proofof infenc ias insured and theyalue ofthe insured estate or interest subject loss or damage signed and sworia to by the insure,-.claimar f.shall lie to the defect,lien or rile ibrarice insured against by this policy. furnished to The Fund witluo 90 clays after the insured claimant shall (l5) (Thisparagraph,dealiatl thCoinsurw:cewasremovedf-ontMrula ascertain the facts giving rise to the loss or d—page.The proof of loss liolicies) ` or damage shall describe the defect in,or lien or encumbrance on the (c)The Fund will pay only Those costs,attorneys'fees and expenses title,or other matterinsuredagainstby this policy*bichconstitutesthe incurred in accordance with Section 4 of these Conditions and 5tipu- basis of loss or damage and shall state,to the extent possible,the basis lat ons of calculating the amount of the loss or damage, If The Fund is 8. Apportionment prejudice d`by the failure of the insured claimant to provide the If the land:described in Schedule:A consists of two or more Parcels required proof of Ioss or damage, The .Fund's obligations to the which are not used as a single site.and a loss is established affccgir one insured under the policy shall terminate; including any liability or orinoreofthggarcelsitutnotAthelnss shall be computed ansettIed obligation to defend,prosecute,orcont[nue any Iiugattoii with regard on a pro rata basis:as ifire airlOUnX of tn5tirance under this pol%cy was to the smatter or matters regwnrig such proof 60 6- ar damage:. d[yi dedprq rotas io the v :ueon LlatedfPolic)of each sapakaie parcel Inadditrost,tbei�isuredclainantrnayreasoriablbeetureclfosubmt tr�the whale;excluspeofariyunptovements made sdbsequenfro:Date to examination udder oath by an)r:authorized representative of the of Policy,unless a liiihty or Kalste Tian otherwise been ogre[cT upon as Fund and shall produce 1#r exam>i(tiort. pecftor and p�r�g�at to �h Piaicel by Thd Fund a d the iasiired at the tittle of the issuance such reasonable timesd places as m5�lie tlesxgnaied by any aut7rr oftrs poh%y axid shown by ail exp>ess statement orby an enddzreinent rued representative of The Euird W-lrecords li6bu );@dgers,cl}ecks attached to this poi ey correspondence and memoranda,W.10 .9_r MA1nn a dale t e£bx a of LAihitati¢u of Lsability after bate of pohcy;whihr.'easona7ily pertaril to the Tgss Qr it e, (a) The Fund establishes the tale,oz remopes the alleged defect, Further,if requested bywi tlionzed FepFes.`etttauve ofTT Pb,.d ]rez or ea aumbraneot or eures tfieJ acftof a right of access to or fi om the insured claimant shad g*t5 rts,pdrtilissiost;in wr?ti33g,io1 atultp land;or cur es the.claim of iizirilatice[aliility of title,all as insured,in a a nzed tepresezrt Live of TITc Fund iv exaYnYUo mspecf in-A ropy all reasta aialy dthge t niaryne;bx a;y method,including tittgatictn and records;books,Iedgets,checks,correspondence a ici men?orandn in the co4tipletioil Of any appeals therefrom,it shall have fully performed the custody or control of a third party,sy}ucli:reasonablypei lain to the its obhgatiprts twit}}respect to that matter and shalt not be Iiable for any loss or damage,All iriformatiori dc4Tnafed as eonfitlenttal by the loss or damage caused thereby insured claimant provided to The Fund pursuant tp this Section shall (b)in the event of any litigauon,including litigation by The Fund not be disclosed to others unless,in the reasonable judgment of The or with The Rind's consent,The Fund shall have no liability for loss or Fund,it is necessary in the adrninistrattoII of the rJairn,Failure of the damage unti l there has been a final determination by a court of insured claimant tosubmit for examination i:uideroath,produce other competent jurisdiction,and disposition of all appeals therefrom,ad- reasonably requested information or grant permission to secure rea- verse to the tide as insured. sonably necessary information from third parties as required in this (c) The Fun&hall not be liable for loss or damage to any insured paragraph shall terminate anyliabilityofThe Fund:underthis policy as for liability volunfarily assumed by the insured in settling any claim or to that claim. suit without the prior written consent of The Fund. 6. Options To Pay or Otherwise Setde Claims;Termination of 10. Reduction of Insurance;Reduction or Termination of 30*_ ty Liability All payments under this policy, except payments made for costs, In case of a claim under this policy,The Fund shalt have the attorneys'fees and expenses,shall reduce the amountoftheiMurance following additional options: pro tanto. (a)To Pay or Tender Payment of the Amount of Insurance. 11.Liability Noncumulative To pay or tender payment of the amount of insurance under this p o l i c y It is expressly understood that the amount of insurance under this together with any costs,attorneys'fees and expenses incurred by the policy shall be reduced by any amount The Fund may pal+urii3er any insured claimant,which were authorized by The Fund,up to the time policy insuring a mortgage to which exception is taken rn Schedule B of payment or tender of payment and which The Fund is obligated to or to which the insured has agreed,assumed,or takensi�ject of Wliicl pay is hereafter executed by an insured and which is a charge orlierr'on the . 11 Upon the exercise by The Fund of this option;all liability and obiiga estate or interest described or referred to in Schedule A, axid the [ions to the insured under this policy,other than to make the payment amount so paid shall be deemed a payment under this policy r die: required, shall terminate, including any liability or obligation to insured owner. defend,prosecute;or continue any litigation,and the policy shall be 12. Payment of Loss surrendered to The Fund for cancellation. (a) No payment shall be made without producing this policy for (b}To Pay or Otherwise SeWeWithPardes Oth er thanthelnsumd endorsement of the payment unless the policy has been lost fir<1 or Witt,the Insumd Claimant stroyed,in which case proof ofloss or destruction shall be furriisfied.to: (i) to pay or otherwise settle with other parties for or in the the satisfaction of The Fu nd. name of an insured claimant any claim insured against under this (b)When liability and the extent of loss or clariiage iris been policy,together with any.costs,attorneys'fees and expenses incurred definitely fixed in accordance with these Conditions and Stipulations,. FUND OWNER'S FORM SCHEDULE B Policy No. OPM-2928138 This policy does not insure against loss or damage by reason of the following exceptions: 1. Okeechobee County taxes for the year 2007 and all subsequent years which are not yet due and payable. 2. All matters contained on the Plat of Okeechobee County, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County,Florida. 3. Oil, gas, mineral, or other reservations as set forth in deed by Okeechobee County Land Company recorded in Deed Book 8, Page 559, and Deed Book 8, Page 560 Public Records of Okeechobee County,Florida.No determination has been made as to the current record owner for the interest excepted herein. The rights of entry and/or exploration have been released or eliminated as of record. 4. Reservations contained in Deed recorded in Deed Book 42, Page 47, Public Records of Okeechobee County,Florida. 5. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands. 6. Mortgage in favor of Bank of America, NA, a national banking association, executed by Christopher M. Lynch, President of Okeechobee Asphalt & ready Mixed Concrete, Inc., a Florida corporation dated May 16, 2007 and recorded May 18, 2007 in Official Records Book 00630,Page 1171, of the Public Records of Okeechobee County,Florida, in the principal amount of$429,000.00. 7. UCC in favor of Bank of America, NA, a national banking association recorded in Official Records Book 00630 at Page 1193 of the Public Records of Okeechobee County,Florida. EXHIBIT"A" LEGAL DESCRIPTION Parcel 1: R3-15-37-35-0010-00460-OOIA LOTS 1 TO 6 INCLUSIVE;LESS THE SOUTH 20 FEET OF LOTS 1, 2 AND 3; LOTS 7 TO 14, INCLUSIVE; THE NORTH 40 FEET OF LOT 15; THE NORTH 84.5 FEET OF LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 TO 21; ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. Parccl2, R3-15-37-35-0010-00450.0010 LOTS 1, 2, 3 AND 4,BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 5,PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. Parcel 3: R2-16-37-35-OA00-00003-A000 THE EAST SIXTY (60) FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE NW CORNER OF BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2,PAGE 17,PUBLIC RECORDS OF ST.LUCIE COUNTY,FLORIDA,RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET, THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY; THENCE.EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45,THENCE NORTH ALONG THE WEST SIDE OF SAID BLOCK 45,200 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING A PART OF TRACT MARKED `RESERVED"AND A PART OF THE FORMER,BUT NOW ABANDONDED,FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY. Parcel 4: R3-15-37-35-0010-00450-OOIA THAT PORTION OF NW 7TH AVE LOCATED SOUTH OF NW 9TH STREET, BETWEEN BLOCK 45 AND BLOCK 46,CITY OF OKEECHOBEE,COMPRISING NW 7TH AVENUE FROM THE SOUTH BOUNDARY OF NW 9TH STREET, RUNNING SOUTH TO THE RIGHT-OF-WAY OF THE SEABOARD LINE RAILROAD TRACKS. ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE #641, DATED NOVEMBER 5, 1991,RECORDED IN OFFICIAL RECORDS BOOK 328,PAGE 114,OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. a City of Okeechobee 55 SE 3'4'A'venue Okeechobee,n 34974 Tele:863-763-3372 Fax:863-763-1686 , LAND USE POWER.OF ArrORNEX lYsuae of Property Owner(s): Okeechobee Asphalt& Ready Mixed Concrete, Inc. Christopher M.Lynch, President, 100% Shareholder Malling.Address: PO Box 1994, Okeechobee, FL 34973-1994 Homo Telephone; Work: 1-508-548-1800 Cell; Property Address. 503 NW 9th Street Okeechobee, FL 34972 Parcel ID NUD'I}er; 3-15-37-35-0010-00450-0010 Name of.Appllcant: Robert P. Gent Home Telephwne: Work: 863-763-7373 Cell: 863-697-2621 The undeirsigtled,being the record title owners)of the real property described above,do l%ereby grant unto the applicant stated above the frill right and power of attoirusy to make application to the City of Oknechobeo to change'the land use of acrid property. This land use change may include rezoning of the property,the granting of special exception or•variances,and appoals of decisions of the Planning Department. It is understood that conditions,Kraltations.aud restrictions may be place upon the use or operation of the property, Misstatements upon application or in anyhearing -way resultln,the termination of any special exception or varianeo and a proceeding to rezone the property to the original classification. This power of attorney may be termivated only by a written and notarized statement of such termination effective upon receipt by the PI=N Department IN ITNESS WHF2W UNDERSIGN AVE SET THEIR IM*IID AM SEATS THIS DA OF "f a 2 0 A . OWN.BR ITNESS OW'' R WPINESS Defre me the undersigned authority personally appeared the owner(s)named above who upon being duly sworn atcl owiodged before me that they are the ownet�s)of the real property descOlad above and at troy executed the power of attorney for the purpose stated therein. Sworn and subscribed ,f ii-1. DEB t R `^\\ fir. �r MY COMMISSION#DD 97M Notary Pubi•ia: �J�+' „Rf h EXPIRES:Ma 11,2014 hru Notary Public Underwriters C:oinrnissiori l�xpires: (Rov,04/11) Page 5 of 11 www.sunbiz.org - Department of State Page 1 of 2 DIVISION FLORIDA DEPARTMENT OF STATE �„ Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Entity Name Search Events No Name History Submit Detail by Entity Name Florida Profit Corporation OKEECHOBEE ASPHALT& READY MIXED CONCRETE, INC. Filing Information Document Number P07000032499 FEI/EIN Number 208610499 Date Filed 03/13/2007 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 05/01/2007 Event Effective Date NONE Principal Address 503 NW 9TH STREET OKEECHOBEE FL 34972 US Mailing Address P.O. BOX 1994 OKEECHOBEE FL 34973 US Changed 05/01/2007 Registered Agent Name & Address GENT, ROBERT P 503 NW 9TH STREET OKEECHOBEE FL 34972 US Name Changed:01/19/2012 Address Changed:01/19/2012 Officer/Director Detail Name&Address Title PD LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title VP GENT, ROBERT P 1334 SW CEDAR COVE PORT ST. LUCIE FL 34986 Title TR http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=PO70000324... 1/27/2012 www.sunbiz.org - Department of State Page 2 of 2 LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title CL LYNCH, CHRISTOPHER M 234 LITTLE RIVER RD. COTUIT MA 02635 Title DR RODRIGUEZ, RAQUEL M 234 LITTLE RIVER RD. COTUIT MA 02635 Annual Reports Report Year Filed Date 2010 03/30/2010 2011 04/13/2011 2012 01/19/2012 Document Images 01/19/2012 --ANNUAL REPORT View image in—PDF format 04/13/2011 --ANNUAL REPORT [ View image in PDF format 03/30/2010 -ANNUAL REPORT F View image in PDF format 03/03/2009—ANNUAL REPORT View image in PDF format 01/16/2008 -ANNU \L REPORT r View image in PDF format 05/01/2007—Amendment r iew image in PDF format 03/13/2007--Domestic Profit View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on List Next on List Return To List Entity Name Search Events No Name History Submit No> t= , Evora a:t us .acun-rit Searches; I L f i1Mq Serv, as I Forms i lelrs Curwr(oht and Pnvacv 1' idos st,at(;of� lorida, D part.m:=rit ( x;tate http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_number=P070000324... 1/27/2012 I - I _- -_ AAV,ar NW T21N■ NW 9th STREET • _ MN,w a - _-. NE,w■ Lu � I � �'' Np,alNa i .; Nw+Dw■ NET®■ I GRAPHIC SCALE p 4' Nwtlua ( Nwr.,a NBT+a ,, Nw ena � � Mwsa Ewa Q ( IN FEET) hwua ; TM'aha 1 } MymIa s IIE le, O I inch- 40 It- j "W a j LIMN r�,a 3 tE 4 a Nw sa Ln q Nwwa I 3 Nw YMa Y i NEYO O KEYMAP ; NN2Ma ; Nwaaa o�a.d4e.. NE bra m % NO SCALE ®® ®® D O m t■It r.IKa .m.Tao �,,,� Q LOCATION MAP NO SCALE I I I I I I I f I FND. F.D.O.T- FND. F.D.O.T. Q R MONUMENT I I I RW MONUMENT I I I I I i N89'50'38"E (ASSUMED ARING ASIS) 392.68'(C)(0) WWW �L NW 8TH STREET(FIELD) � — — — � _ y o S FIFTEENTH AVENUE o 0 o Q O t. I ASPHALT O END. IR/C o a„ SET IR C SET IR C II / 18_CMP / L.E __ _ �3---—_ fir—_~� sWALE_€k S�--___.... _ SWA 15_C,,MP UI AIP Z ($178) ",°u°"' B_CMP _SWALE __ ___N 1 DFIrtL],(', 1064912.}�--— _ __�.ury _ _ ° -e0un O W 0 89'50'3°1"€ D — 52. 0` E 709369.06® E 709384.06 N89;50'33"E° C Ed()./6� CONIC —n n_ n_ _ _--_TB— °` P c P c (>xm SET IR/ a Q> V N89 5037"E(C) ELEC. RETAINING TB �` FUWOIE 90.00'(D)(C) " ' I PANEL ,WOra..aC[*ALL _N_- —X x — ° y - I N 1061014.13 i w _O SET IR C nI C - / RETENTION ° AREA�HOGIWRE FENCE-� RET INING WALL I i �{7098 .56 a "V j ( / f p,� MATERIAL 5T0 GE BINS �.I y Q N 1061011.46 ETENTIO 8x P.O.B. 8 8 AT i0E a sOPE ^ I I I 1 S70RY I < I 1 S RY 4 I_ ASPHALT I _ v� U E 708916.56 AREA PARCEL 3 1 STORY R y_ R —� ALUMINUM �'? ALU NUM gl IND.5/8-IR/C(HOOVER) MLGcc C.B.S. — - — — — — —y— — _ STORAGE Om STO AGE y°o s U a p ki 0_ .p I 505'It'00'W 0.13' I - — AINTENANC —,B /� I I I I vI a If Ix �//'� W 3 w ,.a•(p c CONIC.mua T° —m, v W v_ w END.5/B'IR/C(•tl6j-S " �_ Q ti 3 Lj w St6Y2'66•W D.u• 10 9 Im 8 7 I 6-w 5 4 3 2 3 1 m I FND.5/B IR(NO ID.) L WASH AREA O „O �I V Z I% -1 iEb' 6 I I I (MNJ 0 O_ W I O U Q 53419'IYw 0.18' 0 LE K PLATTED LOT W i x ASPHALT p O H W c pc W Q U CONC.N 12 Cx{ (/T S W i I p w O j I 3 V ANEL M `• LINES(TYP.) 8° 4 TE�s� N s SI B r 1 Ig $I O Q ��y. tu 3IQ ATER RAISED CONC. a $ I a $ x a CONC. I 1 STORY N GO O ASPHALT PARCEL 2 - N ASPHALT - s I CONC. ALUMINUM J'L"O OJ IPUMP 3{ Y PLA"C'M ASPHALT ,•]Sp• `I I B L (PC K 4 6 1 BUILDING < W Q U U m I } N O << — — ,eo.m'P(�c WOOD STEPS — — _ (P%c>_ _ _ n. < I I r 1 f l n n S 4 NEt 060893.72 - OU n V o w(n I 3 O1 O ND OLVj< a 1 srcar f RoAFM+P. PARCEL 4 > P*RCEL 1 Ia I I III I III YI I `I IE 709746.87 J ? 0 3 z l P o ° DI L T N 9 37"W ' D ,5 .00'C D z n �' In ,. w x I YI- 8 C.B.S. L z u w ELEC. J I LJ LJ o O N ca"c.d a oFFCE 13 ¢ I I PANEL 4 L J I I I souTH z0.00'(o) (LESS PARCEL) Z WATER 51 PR7C1'TION R v Q _.so(PXc) n.w'(P%c) •r.w'fP ) —rom•(PXC) _ so.ar(P%c) ximTP%c> eD.nD'(P1R) .ar(P%c) w.ar(P%c) aam'( c> (TYPICAL) .-. -^ — 9-50-37-W(C) D S00-09 23 E C)(D `°' Q Z xim'(PX 3 ]Qar'WXIf HIETTPXMMaG'[D) \-Ty-�7 .�,(� �/l�� rwc� 20'�CI � N 106089 13 OU I ASPHALT Y v I tu.SO`(v�C)— `/ .+L/ 20.W' OE ALLEY(P)r SET IR/C}� 12 I x U W k u .� Ma op �n.so'(vXc)T •?.w•(P%c> sT.w'PXc) ro.ar(P%c) eo.00'(P%cI O SET PK�jD� SET IR/C i Q MATERIAL STOR E BINS ie E 709896 87 Q m ° O TRUCK LO DING EQUIP,ON CONC. x �' 14 N V1 N O 8 N 1060 3.45 N 1060 73.72 to LD v 8 ASPHALT 88f�/1 8 Z DEBRIS $ J a $ 8 0A W I I I I (00•�E 70964K.92 I E 709746.92 tlR I I I I( O p R ED SET PK/D B L O C K Ix 4 6 o I ,xiarpXc) o u g O N 1060812.03 —_2 W(%c SET IR/C S89'503 "W(C)(D) 210.00 C D E 709127.08 Z i Z E Sk = 4 0 > I N 1060811.46 *09'23 N \ w W E 708917.08 I d I N00 C(D/ 2.0'N1DE �o I i I MATER L STORAGE DIN 40.00 CONC. MATERIAL V STORAGE BINS 15 17 18 19 20 21 v�22 I 23 I 24 2°j I 26 I — — — — — — — 61.61' S89'50 37"W( (0) __L 242.50 C D)_ / �S89'50T3 W C D 262.50' C Dv SET IR C W SET IR/C SET IR/C SET IR C 7I" �� _ )� ^o / I I I I I I r J) N I E 709127193 I N.Rw LINE I sLO 0./5' E 70903696991 Ij)iE 709384870I� I I N.Rw LINE IR XI E 7096468 0� 16 g FND. 5/8"IR C(ESE 4729) m 1 I I I O i S E A B O A R D AIR IL IIIIN E R N-1 L R 0 AID I nI Nm'3T26"w(os6 I y J I I L — — — — — — — .— - L — — — — — — — — --I `� •(axc)—�—To_m•(axc> � =m(axcl—I— — — L — — -1 — — — — — — �-- — — J I W� v z N O 0 O D O DESCRIP77ON (SUPPLIED BY CLIENT) LEGEND ()j'T PARCEL 7: {P) PLAT DATA CONIC CONCRETE AREA CALCULATIONS �w �T O LOTS 1 TO 6 INCLUSIVE; LESS THE SOUTH 20.00 FEET OF LOTS 1, 2 AND 3; LOTS 7 c CALCULATED FROM FIELD MEASUREMENTS CATV CABLE TELEVISION PARCEL 1 2.9931 ACRES TO 14, INCLUSIVE; THE NORTH 40.00 FEET OF LOT 15; THE NORTH GH 1 FEET OF (D) DEED 50. SQUARE 'O r P.D.C. POINT OF COMMENCEMENT FT FEET PARCEL 2 0.6893 ACRES vJ < LOTS 17 TO 21; AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS P.O.B. POINT OF BEGINNING INFO. INFORMATION PARCEL 3 02753 ACRES 17 TO 21; ALL IN BLOCK 46, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT P.O.T. PUNT OF TANGENCY TOE TOP OF BANK PARCEL 4 0.5$13 ACRES THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE L.B. UCENSED BUSINESS CHU OVERHEAD UTILITIES TOTAL 4.5083 ACRES rrrr COUNTY, FLORIDA. PRM PERMANENT REFERENCE MONUMENT SV SANITARY VALVE Q W IR/C 5/8'IRON ROD&CAP STAMPED-LB7673- GV GAS VALVE ��223i U PAR �: CM. CONCRETE MONUMENT WN WATER VALVE IR IRON ROD IN IRRIGATION I LOTS 1, 2, 3 AND 4, BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS O.R.B. OFFICIAL RECORDS BOOK M VALE 0� j RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, PB PLAT BOOK FIRE HYDRANT NOTES W n FLORIDA. (R C PAGE WELL WATER ETER CENTRAL ANGLE ® i)NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. M ® 2)ADDITIONS OF DELETIONS TO SURVEY MAPS OR REPORTS,BY OTHER THAN THE SIGNING SURVEYOR i5 PROHIBITED,VriTHOUT CONSENT RADIUS PAR 3: ARC LENGTH WATER BACKFLOW PREVENTOR OF THE SIGNING SURVEYOR. THE EAST SIXTY(60.00)FEET OF THE FOLLOWING DESCRIBED LAND; BEGINNING AT CB CHORD REARING DRAINAGE MANHOLE 3)DESCRIPTION SHOWN HEREON PROVIDED BY CLIENT AND/OR THEIR AGENT. THE NW CORNER OF BLOCK 45, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF CD CHORD DISTANCE SANITARY MANHOLE 4)THE LAST DATE OF FIELD WORK WAS JANUARY 12,7012. RECORDED IN PLAT BOOK 2,PAGE 17, PUBLIC RECORDS OF OKEECHOBEE COUNTY, UGE UNDERGROUND ELECTRIC HAND HOLE 5)LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THIS OFFICE FOR RIGHT-OF-WAYS,RESERVATIONS.AGREEMENTS,AND/OR FLORIDA, RUN WEST 150.00 FEET TO THE EAST LINE OF TUSCALOOSA STREET, THENCE OG AT&T UNDERGROUND AT&T ym�{ FIBER OPTICS JUNCTION BOX EASEMENTS OF RECORD.SUCH INFORMATION SHOULD BE OBTAINED AND CONFIRMED BY OTHERS THROUGH APPROPRIATE TITLE ^ R/W RIGHT OF WAY LJ ELECTRICAL JUNCTION BOX VERIFICATION. I SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET 70 200.00 FEET TO THE A/C AfR CONDITIONING ® CABLE N,AMCV0 BOX 6)BEARINGS SHOWN HEREON ARE RELATIVE i0 THE NORTH LINE Di NW 9th STI2EEi HAMNG A BEARING OF N.8950'37'E.{ASSUMED) - NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY; THENCE EAST ALONG CBS CONCRETE BLOCK STRUCTURE 7)UNDERGROUND UTILITIES.UTILITY SERVICES.FOUNDATIONS AND IMPROVEMENTS WERE NOT LOCATED AS A PART OF THIS SURVEY. ° WM WATER MAIN WOOD POWER POLE NORTH LINE OF SAID RAILROAD 150.00 FEET TO THE SW CORNER OF LOT 4 OF e)TOTAL PARCEL CONTAINS 4.518 ACRES,MORE W LESS. P.U. PUBLIC UTILITY EASEMENT CONCRETE POWER POLE 9)i0 HAKE THE MAP LEGIBLE THE SYMBOLS SHOWN HEREON AND AS DESCRIBED IN THE LEGEND ARE NOT ALWAYS i0 SCALE.BUT SAID BLOCK CT MARKED FEET TO THE POINT OF BEGINNING. SAID TRACT BEING A D.E DRAINAGE EASEMENT SIGN INDICATE THE SURVEYED LOCATION. o'" PART O TRACT MARKED "RESERVED" AND A PART OF THE FORMER, BUT NOW u.E UTILITY EASEMENT N SANITARY CLEAN OUT ry CENTERLINE N NORTHING OR NORTH 11)NORTIING/EASTING COORDINATES SHOWN BASED ON HAD 83 STATE PLANE DATUM(FLORIDA EAST ZONE), u S yo I,I ABANDONED, FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY, PROPERTr LINE ( ) J k`s s° PARCEL 4: N. TYPICAL EASTING(IX(EAST) DRAINAGE STRUCTURE(CURB INLET) THAT PORTION OF NW 7th AVE. LOCATED SOUTH OF NW 9th STREET, BETWEEN BLOCK N.A.VO. NORTH AMERICAN VERTICAL DATUM CHAIN LINK FENCE 45 AND BLOCK 46, CITY OF OKEECHOBEE, COMPRISING NW 7th AVENUE FROM THE EL ELEVATION —%— HOG WIRE FENCE SHEET NO.: . SOUTH BOUNDARY OF NW 9th STREET, RUNNING SOUTH TO THE RIGHT-OF-WAY OF C.L CHAIN LINK THE SEABOARD LINE RAILROAD TRACKS. 1/25/2012 ABOVE DESCRIBED PROPERTY VACATED BY THE CITY OF OKEECHOBEE BY ORDINANCE MICHAEL T. OWEN PROFESSIONAL SURVEYOR AND MAPPER SIGNATURE DATE: OF #641, DATED NOVEMBER 5, 1991, RECORDED IN OFFICIAL RECORDS BOOK 328, PAGE 114, of THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. FLORIDA REGISTRATION #5556 JOB# 17-121.t OKEECHOBEE ASPHALT& READY MIXED CONCRETE, INC 3-15-37-35-0010-00450-0010 LU > Q 3 ' z Lu 3-15-37-35.0010-00400-0070 > TIITFIDOT SUBMAINTENANCE YARD DNR DOUGLAS BLDGTALLAHASSEE FL323996575 Lo NW 10TH 5T Lu 3 3-15-37-35.0010-00380-0070 TANGLEWOOD LTD CIO A&M PROPERTIES INC ABNEY ELI A — PO BOX5252LAKELAND -, �l OT-35=07C60=00UO2�D000 T5�t 35.0 59 0 J396=8479 FL338075252 3 -� MAE'ELSHAWN zFOO E PALMETTO PK D 3839 SW 91ST DR BOCA RATON GAINESVILLE FL33432 FL32608 I NW 9TH ST NW 9TH 5T o°— --- ------ -- 9 Lu M W o F+ m : 15-37.35-0010-00470-0109 °Q m O m WA POLE FEED AND SUPPLY CO a r U M 2595 NW 8TH STREET .4°'w LL OKEECHOBEE M ui z Y FL34972 So ABOARD COAST LINE RAILROAD r W M O Q WALPOIE FEED&SUPP w 25 5 NW 8TH STREETOKEECHOMEE Y FL34972 O 2-16.37-35-OA00-00005-0000 SALRY RR ASSE3SED i3Y DOR CIQ CSX CORPJACKSONVILLE FL332020000 N I i within-300f!,12130!2011,Page'I PIN DSP OWNER-NAME AODRxESS_1 ADDRESS-2 ADDRESS-3 CITY-NAME ST ZIPCODE 2-16-'3 ;5 a=r -G0C1"v1- ul)1; VAN D DOVERSPIKE 1 RUST CONNER DETROIT MI 482`.., 2-1 6-37 35 nA000-!00£12-01000 �,,1AESLL.,HAWN F PALMETTO PK RD BOCA RATON FL 4 32 2 6 37,-35-0A()0-0,0 00'tj000, z-)Ks.L(.,H0,BEE ASPHALT&READ`( f S Rt ET OKEECHOBEE FL 2-16-37-35-0A00 010005-0000 SALRY RR ASSESSED BY DOR G O "X :,„•Rp 500 WATER ST R-L.1 J.�!O JACKSONVILLE FL 'Q,2020000 OKEECHOBEE COUNTY N,v,d 2ND Sl OKEEHCOBEE FL `•4 9720000 15-37-35-00€-001380,007[; aANGLEVv00D LTD A&tui PROPERTIES INC PC)P—X "252 LAKELAND FL ii _".>2 15 yi-35-1001;-'..x,590-00 i0 F BNEY SELINA H 9 Slv%l 9 i S DR GA:N SVILLE FL F :5- 01 - 0 390-J17 :3-15-37 8:"39 Sb,Aj 91St DR GAINESVILLE FL •a%r C8 U010-004(10-01070 11ITFIDOT SUHM�tr`AINTFNANCE YARD DNR DOLIG'LAS BLDG 3900 COMMOON V,,. i I E .VID TALLAHASSEE FL '996575 3-15-3"r-35-0010-004 10-00101 LANE SAM 1702 NE RD ST OKEECHOBEE FL s4;720000 i-15-37--35-300"70.-_004 i0-0070 FIRST MISSIONARY BAPTISTCHURCH OF DEANS COURT, INC P 0 BOX 2400 OKEECHOBEE FL "'•497324030 3-15-37-35-01010-00410-01107 OKEECHOBEE ASPHALT&READY MIX PO BOX 190,4 OKEECHOBEE FL 349731994 15-37-35-03010-00440-0010 OKEECHOBEE ASPHALT&READY MIX PO BOX 1904 OKEECHOBEE FL. A9`731094 3-15-37-35-03010-004410-0030 OKEECHOBEE ASPHALT&READY MIX PO BOX 1994 OKEECHOBEE FL 3497-,1994 3-15-37-35-0010-00440-0070 OKEECHOBEE ASPHALT&READY MIX PO BOX 1994 OKEECHOBEE FL 349731994 3-15-37-35-0010-004.40-0110 OKEECHOBEE ASPHALT&READY MIX F0 BOX 1994 OKEECHOBEE FL 349731994 3-15-37-35-0010-00460-02201 SEABOARD COAST LINE RAILROAD "l•:„":'A_POL.E FEED&SUPPLY CO 2595 NVV 8TH STREET OKEECHOBEE FL :;4972 3-15-37-35-10010-00470-0010 WALPOLE EDWIN E Ili TRUSTEE B(,)X 11 77 OKEECHOBEE FL :549731177 3-15-37-35-00103-00470-0100 V"J'ALPOLE FEED AND SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FIL :,1972 3-15-37-35-0010-00610-0110 UNITED FEED CO-OP, INC P Cs BOX 485 OKEECHOBEE FL :5497:0485 3-15-37-35-0010-00620-0010 SWEAT JAMES JR ='C)BOX'908 OKEECHOBEE FL ?49731 N3z3 3-15-37-35-0010-00620-0110 SVt'FA'T JAMES JR PO BOX 19018 OKEECHOBEE FL 3497- 3-15-37-35-0010-00630-0,01 a SzJEAT JAMES JR PO BOX 1908 OKEECHOBEE FL 349731908 3-15-37-35-0010-00630-01110 SWEAT JAMES JR PO BOX"9108 OKEECHOBEE FL 349-1,31908 s-15 37 35 001 ,-v065f;-01010 EVERGLADES FARM EQUIPMENT PC)BOX 91^ BELLE GLADE FL 334:500910 �I II Petition No. L Col`t5E Affidavit Attesting to the Completeness and Accuracy of the List of Surrounding Property Owners I hereby certify under the penalty of law or the revocation of the requested approval sought that to the best of my knowledge and belief, the attached list constitutes the complete and accurate list of the property owners, addresses, and parcel identification numbers of all parcels and tracts within three hundred (300) feet not including intervening streets, alleys, or waterways, of the perimeter of the lands which are subjects of, or are contiguous to but held under the same ownership as, the lands subject to the application for a change in land use or zoning, said list constituting a portion of that application. This affidavit is made based upon an inspection of the tax rolls of the Property Appraiser of Okeechobee County as of December 29 , 2011 and the assertions made to me by members of that Office that the Information reviewed constitutes the most recent information available to that office. 1 therefore attest to this day of December 2011 December 29, 2011 Signature of Applicant Date Robert P. Gent Name of Applicant (printed or typed) State of Florida County of Okeechobee Sworn to and subscribed before me this 29 day of December 2011 Personally known me xx _ or produced as identification and did not take an oath. ? °S�t■a I env '° :1bop"fgop ' '�r`<'` Sop led rhiu otz 1 i 2014 Notary Public, State of Florida (Rev.0411 1) Page 3 of 11 ..._.................. ................................_......._.... ADDITI..ONAL INFORMATION ItE - UIREI?FOR A SPECIAL EXCEPTION Describe the Special Exception sought: Sec, q O 4 3 A Replace a 45'Silo with a capacity of 100 tons to a more efficient,environmental friendly 65'silo with a rated capacity of 150 tons. Are there similar uses in the area?No xx)Yes If yes,briefly describe them. R Asphalt plant is currently in operation this is a replacement silo. On same property to the west is a cement silo and to the east of our property are feed silos that extend approximately 100+-feet in the air. If a business,briefly describe the nature of the business,number of employees,hours of operation,and any activities to be conducted outside of a building: G We expect no change in the nature of the business,presently we employ 18 people and our normal hours of business are 7AM to 5PM, Monday thru Friday. In the immediate vicinity of the silo,trucks pull onto scale and asphalt is released into truck. We do not anticipate any added traffic,we are just striving to create a more efficient,environmetal safe workplace. Attach a Traffic Impact Study prepared by a professional transportation planner or transportation engineer,if the special exception or proposed use will generate 100 or more peak hour vehicle trip ends using the trip generation factors for the most D similar use as contained in the Institute of Transportation Engineers most recent edition of Trip Generation. The TIA must identify the number of net new external trips,pass-bay calculations,internal capture calculations,a.m.and p.m.peak hour trips,and level of service on all adjacent roadway links with and without the project. E Responses addressing the standards and required findings for a special exception as described:below.Attach additional sheets as necessat . STANDARDS FOR GRANTING A SPECIAL EXCEPTION[Set:. 70-373(b), LDR page CD70;19] Applicants are required by Sec. 70-373(b)to address the following issues in his/her presentation before the Board of Adjustment. Staff strongly recommends that the Applicant include, in his/her application,materials that address each of these issues in order to allow Staff and the Board of Adjustment sufficient time to adequately consider the Applicant's request. 'I. Demonstrate that the proposed location and site are appropriate for the use, The operation will remain as previously described. 2. Detrtonsuate now ttie site and proposed buildings have been designed so they are compatible with the adjacent uses and the neighborhood,or explain why no specific design efforts are needed, This silo is designed to be more energy and environmental efficient. This business has been operational for many years and has been and will continue to be comparable to the surrounding area. 3. Demonstrate any landscaping techniques to visually screen the use from adjacent uses;or explain why no visual screening is necessary. No visual screening is necessary this is an industrial area. 4. Demonstrate what is proposed to reduce the impact of any potential hazards,problems or public nuisance generated by the use;or explain how the nature of the use creates no such potential problems. No change expected, the proposed silo will present less potential for any type of hazard as it is manufactured with the latest safety standards. 5. Demonstrate now the utilities and other service requirements of the use can be met. Silo will not increase any extra utility services 6. Demonstrate how the impact of traffic generated will be handled,off site and on site. We are not anticipating any additional traffic to be generated. (Rev.04/11) Page 8 of 11 .........._.......... FINDJNGS REQUIRED FOR GRANTING A SPECIAL EXCEPTION(Sec. 70-373(c), LOR pages 19&201 It is the Applicant's respontilbifity to co+ivlribs fhs Board of Adjttstrrient that approval of the`proposed special exception is justifled. Specifically, the Applicant should provide in his/her application and presentation sufficient explanation and documentation to convince the Board of Adjustment to find that: 1• The use is not contrary to the Combrehensive Plan r enviremPnrs According to the Comprehensive Plan,Industrial Use Permits large scale manufacturing which is currently in use and will not change with the replacement of the existing plant to a more energy efficient plant. 2. The use is specifically authorized as a si?ecial exception use in t1�e Zonino rlichirt LDR's state that special exception is required for the height of the silo In excess of 45'. 3. The use will not have an adverse effect on the vublic interest. There will be no further adverse effect as there is currently an operational silo in place we are only Installing a more modem energy efficient silo in it's place. 4. The use is appropriate for the proposed locatiola,is reasonably compatible with adjacent uses and is not detrimental to urbanizing land use fDatteans. There will be no change in the location of the proposed new silo,it will replace the existing silo with the adjacent uses. S, The use Will not adversely affect property values or living conditions,nor be a deterrent to the development of adjacent property. There will be no adverse effect on adjacent property. This is only a new,energy efficient silo replacing the current silo. G,.........Tbe..use.maybe required to be screetaed from surrounding uses to reduce the impact of any itiizisaitae or hazard to adjacent uses. This replacement will have no further impact on any adjacent uses. 7. The use will not create a density pattern that will overburden public facilities such as schools,streets,and utility services_ Density has no bearing on the Silo height. 8. The use will not create traffic congestion,flooding or drainage problems,or otherwise affect public safety. This is a silo replacement only and will not create any further traffic,flooding,drainage or public safety issues. The City staff'will,In the Staff Report, address the request and evaluate it and the Applicant's submission In right of the above standards and required findings and offer a recommendation for approval or denial. NOTE: AN APPROVAL OF A SPECIAL EXCEPTION EXPIRES iF A BUILD ING PERMIT APPLICATION HAS NOT BEEN SUBMITTED WITHIN TWO YEARS OF THE APPROVAL[Sec. 70••348(4)] (key.04111) Pago9ofII r 36'-11 t ❑Mal CM it a&M Gaw/a i —ww bo" r� I 60'-11 P w ua — l —no rxv ago�aioon I 103'-11 " I I PLOT PLAN - 8840 'UF' DRUM MIX PLANT LYNCH PAVING - OKEECHOBEE, FL A4 It E 01 Ar al AM — i 'I 1 n, Okeechobee County Property Appraiser-Map Printed on 1/6/2012 9:31:36 AM Page 1 of 1 33. 47. 47. 7 3-15-37-35,-0010-00450-0010 OKEECHOBEEASRHAL7&READY MIX 4.5aAC 1,911711996-$7,ODO-VU �u RIM f p ,1110 r Okeechobee County Property Appraiser 0 27 r. 81 ft W.C."Bill"Sherman,CFA-Okeechobee,Florida-863-763-4422 - PARCEL: 3-15-37-35-0010-00450-0010-LIGHT MANU(004100) CITY OF OKEECHOBEE LOTS 1 TO 4 INC BLOCK 45 AND UNPLATTED p LANDS OF THE CITY THE EAST SIXTY(60)FEET OF THE FOLLOWING DESCRIBED LAND:BEGINNING AT THE NW CORNER OF BLOCK 45, OKEECHOBEE,ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT _ BOOK 2,PAGE 17,PUBLIC RECORDS OF ST LUCIE COUNTY,FLORIDA,RUN WEST 150 FEET TO THE EAST LINE OF TUSCALOOSA STREET;THENCE SOUTH ALONG THE EAST LINE OF TUSCALOOSA STREET TO 200 FEET TO THE NORTH LINE OF SEABOARD AIR LINE RAILROAD RIGHT-OF-WAY ' THENCE EAST ALONG THE NORTH LINE OF SAID RAILROAD 150 FEET TO THE SW CORNER OF LOT 4 OF SAID BLOCK 45;THENCE NORTH ALONG t� F THE WEST SIDE OF SAID BLOCK 45,200 FEET TO THE POINT OF BEGINNING.SAID TRACT BEING A PART OF TRACT MARKED"RESERVED" AND A PART OF THE FORMER,BUT NOW ABANDONED,FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY.AND CITY OF OKEECHOBEE THAT PORTION OF NW 7TH AVE LOCATED SOUTH OF NW 9TH STREET BETWEEN BLOCK 45 AND BLOCK 46,CITY OF OKEECHOBEE,COMPRISING NW 7TH AVENUE FROM THE SOUTH BOUNDARY OF NW 9TH STREET, RUNNING SOUTH TO THE RIGHT-OF-WAY OF THE SEABOARD LINE RAILROAD TRACKS AND CITY OF OKEECHOBEE LOTS 1 TO 6 INCLUSIVE; LOTS 7 TO 10 INCLUSIVE;THE NORTH 84.5 FEET OF LOTS 17 TO 21 AND THE ALLEYWAY LYING BETWEEN LOTS 6 THROUGH 10 AND LOTS 17 HROUGH 21;ALL IN BLOCK 46 AND CITY OF OKEECHOBEE THE SOUTH 20 FEET OF LOTS 1,2&3 BLOCK 46;TOGETHER WITH:NORTH 112 OF ALLEY LYING SOUTH OF LOTS 1 TO 5 INC BLOCK 46 AND CITY OF OKEECHOBEE LOTS 11 TO 14 INC&THE NORTH 40 FEET OF LOT 15 BLOCK 46 Name:OKEECHOBEE ASPHALT&READY MIX LandVal $199,505.00 Site: 503 NW 9TH ST,OKEECHOBEE BldgVal $108,594.00 503 NW 9TH STREET ApprVal $460,256.00 Mail: OKEECHOBEE,FL 34972 JustVal $460,256.00 Sales Assd $460,256.00 Info Exmpt $0.00 Taxable $460,256.00 This information,CAMA updated: 11512012,was derived from data which was compiled by the Okeechobee County Property Appraisers Office solely for the governmental purpose of property assessment.This information should not be relied upon by anyone as a determination of the ownership of property or market value.No warranties,expressed or implied,are provided for the accuracy of the data herein,it's use,or it's interpretation.Although it is periodically updated,this information may not reflect the data currently on file in the Property Appraiser's office.The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http-Hokeechobeepa.com/GIS/Print Map.asp?pjboiibchhj bnligcafcefocnfkfdfefdbblejngbckcicnkcfaomklmmhalnjhcdodndfdcklfj... 1/6/2012