1106 Alley Close #85 Reverter 3 add yrs to 2016ORDINANCE NO. 1106
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, AMENDING
ORDINANCE NO. 971 VACATING CERTAIN ALLEYWAYS BY
EXTENDING THE TIME FRAME IN SECTION THREE, RIGHT OF
REVERSION AND ADDING A SECTION TO PROVIDE FOR CONFLICTS
AS NUMBER FIVE, AND A SECTION TO PROVIDE FOR SEVERABILITY
AS NUMBER SIX; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 971 on February 20, 2007, which
addressed Alley Closing Application No. 85, submitted by Steve Dobbs, on behalf
of the property owners InSite Development Group, LLC; and
WHEREAS, such Alley Closing Application requested to close the North to South
alleyways in Block 12 and 21, together with the East to West alleyways within
Blocks 4, 12, 13, 20, and 21, City of Okeechobee, as recorded in Plat Book 5, Page
5, Public Records of Okeechobee County, Florida, in order to accommodate the site
for a multi - family development; and
WHEREAS, the Ordinance provided that in the event the property owner fails to obtain a
Certificate of Occupancy for the development within 36 months, the alleyways will
be declared open; and
WHEREAS, due to the dedication provisions of the City of Okeechobee Subdivision, said
owner obtained a Quit Claim Deed for the North to South and East to West
alleyways in Block 12 and 21, recorded in Official Record Book 692, Pages 0212-
0213, Public Records of Okeechobee County, Florida; and the East to West
alleyways in Blocks 4, 12, 13, 20, and 21, recorded in Official Record Book 726,
Pages 1967 -1968, Public Records of Okeechobee County, Florida; and
WHEREAS, owners are requesting the Right of Reversion be deleted or extended in order
to obtain a clear title of said alleyways; and
WHEREAS, after review of the request, the City Council finds it is a legitimate public
interest for the alleyways to remain vacated, so long as they are part of the
proposed development, (Development Agreement and Site Plan effective from
January 20, 2009 to January 20, 2019), and is a proper exercise of 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: That Ordinance No. 971 be amended as follows:
Section Three: Right of Reversion. In the event that the said
property owner fails to obtain within thirty -six months hereof a
Certificate of Occupancy for their future development, then said alleys
shall be declared open and the provisions of this ordinance declared
null and void. The Right of Reversion shall be extended from January
16, 2010 to December 3, 2016.
Section Five: Conflict. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section Six: Severability. If any section, subsection, sentence,
clause, phrase of this ordinance, or the particular application thereof
shall be held invalid by any court, administrative agency, or other
body with appropriate jurisdiction, the remaining section, subsection,
sentences, clauses, or phrases under application shall not be affected
thereby.
Language to be added is underlined
Language to be deleted is to be trough Ordinance No. 1106 Page 1 of 2
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Section Five Seven: Effective Date. This ordinance shall be set for
final public hearing the 20th day of February, 2007, and shall take
effect immediately upon its adoption.
Section Two: Conflict. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
Section Three: Severability. If any section, subsection, sentence, clause, phrase of
this ordinance, or the particular application thereof shall be held
invalid by any court, administrative agency, or other body with
appropriate jurisdiction, the remaining section, subsection, sentences,
clauses, or phrases under application shall not be affected thereby.
Section Four:
Effective Date. This ordinance shall be set for final public hearing the
19th day of November, 2013, and shall take effect immediately upon
its adoption.
INTRODUCED for first reading and set for final public hearing this 5th day of November,
2013.
ATTEST:
Lane Gamiotea, MC, City Clerk
ow ing R. Watford, ., Mayor Pro - Tempore
PASSED and ADOPTED on second and final public hearing this 19th day of November,
2013. By official action on November 19, 2013, the City Council postponed the Adoption and Final
Public Hearing to December 3, 2013.
ATTEST:
C i _ C;n- c,
sane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Dowling R. Watford , ayor Pro - Tempore
Language to be added is underlined
Language to be deleted is to be struck Trough Ordinance No. 1106 Page 2 of 2
IRVING HAASE
3201 SOUTH OCEAN BOULEVARD PH -2
HIGHLAND BEACH FL. 33487
P11 561 -278 -7684 FAX -561- 279 -9012
E -MAIL irvinghaase(a@yahoo.com
City of Okeechobee
Steven L. Dobbs, P. E.
To Me
City of Okeechobee
55 SE 3rd Avenue
Okeechobee, FL 34974
December 3, 2013
Dear Mayor Kirk,
baed 1043113 _
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I-lepi ,z4,
I am the owner of the development known as Southern Trace. I am attempting to arrange financing for the project that could take
up to a year to complete. I have a Developer's Agreement for 10 years, however when the alleys were abandoned there was a
reverter clause that has already past. In order for the site plan to be valid which in turn makes the Developer's Agreement valid,
the ownership of these alleys cannot be in question in the loan application. I would like for the alley reverter to be in concert with
the Developer's Agreement, but if that is unacceptable to the City at least give me two years to arrange the financing to construct
this project.
itted,
ii
Exhibit 2
1:). S
Nov 5, 2013
a� o=
,: a . s; MEMORANDUM
s.
TO: Mayor& Council FROM: Lane Gamiotea, City Clerk'
DATE: 10/30/2013 SUBJECT: Proposed Ord #1106, Amending
Ord #971, Alley Closing #85 2/20/07
- Ordinance#971, adopted 2/20/2007 -Alley Closing Application #85
- Property Owner: InSite Development LLC - Development Name: Southern Trace
- Closed the North to South and East to West alleyways in Blocks 12 and 21, and the East to West
alleyways in Blocks 4, 13, and 20, City of Okeechobee Subdivision.
- Ordinance contained reversionary rights language, Certificate of Occupancy to be issued within 36
months or ordinance is void and alleys are open as of February, 2010.
- Subdivision part of the Hamrick Trust. Owners obtained Quit Claim Deeds upon purchasing the
alleyways from the Hamrick Trust, and have been paying the taxes on them since 2010 for Blocks 12
and 21, and 2011 for the Blocks 4, 13, and 20.
- On May 13, 2011, Mr. Irving Haase contacted our office to find the best solution in resolving the
reversionary clause as he was unable to acquire financial lending due to a clouded title on the alleys. Mr.
Haase went on to say that when he and Mr. Dobbs appeared before the City Council on October 19,
2010,the Council reaffirmed the Site Plan for Southern Trace, and the Developers'Agreement effective
date of January 20, 2009, term being for 10 years, he was under the impression that this would include
the alleys since they are part of the development site plan. I explained the alley closings were a separate
document,they were not mentioned at the meeting, and suggested he contact Attorney Cook to resolve
the issue.
Afewweeks ago, Mr.Steve Dobbs contacted my office on behalf of InSite Development, LLC, explaining
they had not resolved the title issue with the alleys and asked the procedures to amend Ordinance#971
to delete the reversionary rights section. Upon review of the issue with Attorney Cook, proposed
Ordinance#1106 was drafted for City Council consideration.
What has changed since 2007: Property Owners for Lots 4-8 and part of 9 in Block 21.
Attachments for supporting information:
A-1 Proposed Ord #1106
A-2 Adopted Ord #971, City Council Minutes: 2/20/07 Pages 3-4 & 1/16/07 Pages 6-8
A-3 Quit Claim Deed 9/28/10, Blocks 12 and 21
A-4 Quit Claim Deed 12/30/11, Blocks 4, 13, and 20 (restating E/W alleys in Blocks 12 & 21)
A-5 10/19/10 City Council Minutes, Pages 5-6 dealing with Developers Agreement
INDEPENDENT
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(863) 763-3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
PLEASE TAKE NOTICE that the City Council of the City of Okeechobee,
Florida will on Tuesday, November 19, 2013 at 6:00 p.m. or as soon there-
after possible, at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUB-
LIC HEARING to consider final reading for adoption of the following
Ordinance into law: No. 1106: AN ORDINANCE OF THE CITY OF OKEE-
CHOBEE, FLORIDA, AMENDING ORDINANCE P10. 971 VACATING
CERTAIN ALLEYWAYS BY RESCINDING SECTION THREE, RIGHT OF
REVERSION AND ADDING A SECTION TO PROVIDE FOR CON-
FLICTS AS NUMBER FOUR, AND A SECTION TO PROVIDE FOR SEV-
ERABILITY AS NUMBER FIVE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILM; AND PROVIDING FOR AN EFFEC-
TIVE DATE.
ANY PERSON DECIDING TO APPEAL any decision made by the City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863- 763 -3371
BE ADVISED that should you intend to show any document, picture,
video or items to the Council in support or opposition to any Item on the
agenda; a copy of the document, picture, video, or item MUST be provided
to the City Clerk for the City's records.
By: James E. Kirk, Mayor
Lane Gamiotea CMC, City peck
456428 ON 11/8/2013