1971-07 (Vacating Streets)B
RES0LUTI0N#p71-7
WHEREAS, Lee Anita Sherman and Roscoe Lowry Markham, Jr. as Trustees,
have made application that the following streets and -alleys be vacated:
That part of Cherokee Street lying North of Third Street;
that part of Cherokee Street lying South of Third Street;
that part of Tallahassee Street lying.South of Third Street;
that part of Second Street lying between Tallahassee Street
and Hiwassee Street; that part of Hiwassee Street lying
South of Second Street; and the alleys in Blocks H, I, M, L,
and K, all in Central Park Subdivision, according to plat
thereof recorded in Plat Book 2, page 39, public records of
Okeechobee County, Florida.
ALSO that part of Cherokee Street lying South of Fourth
street in the City of Okeechobee, according to plat thereof
recorded in Plat Book 2, page 17, ublic records of St. Lucie
County, Florida.
AND WHEREAS,.thP said Lee Anita Sherman and Roscoe Lowry Markham, Jr.,
have filed Proof of Notice of Application to vacate said streets and alleys, and
it having been shown that petitioners are the'fee simple owners of the property
lying adjacent to said streets and alleys; and that all City and County Taxes
on the property lying adjacent to said streets and alleys have been paid;
THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee,
Florida, that the above streets and alleys be vacated, saving and reserving
however unto the City of Okeechobee, an Easement of 70 feet in width over and
across that part o4 Second Street above described.1
PASSED AND ADOPTED in regular adjourned session convened this 20
day of July, 1971.
DONALD BURK
Chairman, City Council of the
City of Okeechobee, Florida
a couple of weeks umtil all responsible parties can meet and go into this matter in further detail.
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The Council was in accord with Mr. Royal's request.
Attorney l:urren requessea to investigate 1I the city snoula carry insurance on Bullding
Official automobile to insure the city while to An~@ he is performing city business.
Mr. Spray advised that he had his own personal insurance on vehicle. Also Mr. Spray asked if he
r should be bonded. It was the Council's opinion that he would be covered under the blanket bond of
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the City.
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Councilman Domer reported a request from Volunteer Fire Department to relocate and
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build a better bar -b -q pit. The Council had no objection but advised that the relocation be clear
of water tank operation.
The Council instructed the Clerk to write a letter to the Board of County Commissioners
expressing their appreciation for their interest and anticipated contribution on the proposed
signal device to be installed at the intersection of State Road 70 and Riverview Drive.
Building Official Spray requested a copy of all plans on city contract work.
Councilman Domer moved to lease purchase the Savin Copy Machine at a cost of $1,325.00,
also approved $150.00 per year service agreement, seconded by Councilman Breland and unanimously
carried. A suggested monthly payment of $175.00 for a six months period then balance in full. Lease
W Purchased from Davis and Valente Office Supply and Equipment of Riviera Beach.
' Attorney Conely and W. C. Sherman were present regarding a request to vacate certain
s r�ts and alleys as described in Petition recorded in June 8th, 1971 minutes, presenting AEeement
for Council's consideration. After a detail discussion Councilman Douglas moved to accept the
Agreement and provide for execution seconded by Councilman Domer and carried.
A G R E E M E N T
THIS AGREF14ENT entered into this 20th day of July, 1971, by and
between LEE ANITA HSERMAN and ROSCOE LOIaY MARKHAM, JR. as Trustees,
hereinafter referred to as First Party, and THE CITY OF OKEECHOBEE, FLORIDA,
a municipal corporation, hereinafter referred to as Second Party;
WITNESSETH:
WHEREAS, First Party has duly presented a petition to Second Party
requesting that certain streets and alleys in Central Park and in the
City of Okeechobee, be vacated, a copy of said petition being attached
hereto and marked Exhibit "A"; and
WHEREAS, Second Party has expressed concern about that certain
sewer line running down Second Street, being one of the streets sought
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to be vacated; and
c WHEREAS, First Party has represented to Second Party that a
purchaser is willing and able to purchase lands owned by First Party
in the area where the streets and alleys are to be vacated; and
WHEREAS, a condition for said purchase has been that First
s Party vacate said streets and alleys hereinbefore set forth; and
a
WHEREAS, First Party has represented to the Second Party that
the prospective purchaser intends to construct an extensive housing
development on the property to be purchased, but in order to obtain
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the proper financing for said construction project all lands must be
contiguous; and
WHEREAS, First Party must obtain rezoning of the property in
order to allow the construction of the housing project contemplated
by the purchaser.
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Now, therefore, it agreed by and between the parties as follows:
1. Second Party will vacate the streets and alleys set forth in
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the petition, reserving however an easement of 70 feet in width over and
across Second Street as set forth in the Plat of Central Park. It being p
understood that the easement hereby reserved is for the purpose of main- 7
taining the sewer line presently located upon said strip of land. it
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2. That First Party attaches hereto a Rededication of said streets
and alleys. The condition upon the Rededication being that in the event
the sale to the prospective purchaser does not take place and the sub- j
sequent construction of the housing project not initiated T&hin an
eighteen (18) month period from the date of this agreement then the
/ Rededication shall be binding upon First Party and the streets and alleys
vacated hereby shall be Rededicated to Second Party. H
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IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
Lee Anita Sherman (SEAL)
WITNESS: Lee Anita Sherman
Robert Ingersoll
Tom W. Conely Roscoe Lowry Markham (SEAL)
As to First Party Roscoe Lowry Markham
CITY OF OKEECHOBEE, FLORIDA
J. Edward Curren BY Donald Burk
Edward W. Douglas, D.C.
ATTEST Lorena Spivey
Councilman Domer moved to vacate those streets and alleys recited in the Petition which
was duly published and hearing held thereon on June 8, 1971, from which meeting the Council postponed
consideration for due study and after full consideration the petition was approved and the streets
and alleys vacated subject to a sewer main easement on Second Street, presenting the following
Resolution for adoption and upon being seconded by Councilman Douglas was put to a vote and carried.
Councilman Breland did not vote.
R E S O L U T I O N
WHEREAS, Lee Anita Sherman and Roscoe Lowry Markham, Jr. as Trustees,
have made application that the following streets and alleys be vacated:
That part of Cherokee Street lying North of Third Street;
that part of Cherokee Street lying South of Third Street;
that part of Tallahassee Street lying South of Third Street;
that part of Second Street lying between Tallahassee Street
and Hiwassee Street; that part of Hiwassee Street lying
South of Second Street; and the alleys in Blocks H, I, M, L,
and K. all in Central Park Subdivision, according to plat
thereof recorded in Plat Book 2, page 39, public records of
Okeechobee County, Florida.
ALSO that part of Cherokee Street lying South of Fourth
street in the City of Okeechobee, according to plat thereof
recorded in Plat Book 2, page 3.7, public records of St. Lucie
County, Florida.
1336'
AND WHEREAS, the said Lee Anita Sherman and Roscoe Lowry Markham, Jr.,
have filed Proof of Notice of Application to vacate said streets and alleys, and
it having been shown that petitioners are the fee simple owners of the property
lying adjacent to said streets and alleys; and that all City and County Taxes
ti on the property lying adjacent to said streets and alleys have been paid;
THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee,
Florida, that the above streets and alleys be vacated, saving and reserving
Whowever unto the City of 0keechobee, an Easement of 70 feet in width over and
across that part of Second Street above described.
PASSED AND ADOPTED in regular adjourned session convened this 20
day of July, 1971.
DONALD BURK
Chairman, City Council of the
City of Okeechobee, Florida
W. C. Sherman requested a letter stating that water and sewer service is available
TO THE PROPERTY DESCRIBED IN THE ABOVE Resolution. The Council granted request.
Councilman Hunt moved to approve Department of Transportation Utility Agreement
authorizing the proper officials to execute same, presenting the following Resolution and moved
its adoption and upon being seconded by Councilman Douglas was put to a vote and unanimously adopted:
CITY RESOLUTION
UTILITY INDEMNIFICATION AGREE]MENT
is
COUNTY SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL & R/W JOB NO.
91 530 6628 Okeechobee Ave. Okeechobee 4 2628
& lith Street
A RESOLUTION AUTHORIZING EXECUTION OF AN UTILITIES AGREEMENT FOR THE
ADJUSTMENT, CHANGE OR RELOCATION OF CERTAIN UTILITIES WITHIN THE RIGHT-
OF-WAY LIMITS HEREAFTER DESCRIBED, AND PROVIDING WHEN THIS RESOLUTION
SHALL TAKE EFFECT.
WHEREAS, the State of Florida Department of Transportation has located and
proposes to construct or reconstruct a part of State Road Okeechobee Ave. and
15th St.
AND WHEREAS, in order for the State of Florida Department of Transportation
to further and complete said project, it is necessary that certain utilities and/or
facilities within the Right-of-way limits of said State RoadOkeechobee Ave. & 15th St.,
be adjusted, changed or relocated,
AND WHEREAS, the State of Florida Department of Transportation having requested
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the City of Okeechobee, Florida, to execute and deliver to the State of Florida
Department of Transportation a utilities Agreement, agreeing to make or cause to be
made such adjustments, changes or relocations of said utilities and/or facilities
as set out in said Agreement, and said request having been duly considered,
NOW THEREFORE, BE IT RESOLVED by the CITY COUNCIL of the City of
Okeechobee Florida, that the President of City Council and Clerk
be and they are hereby authorized and directed to make, execute and deliver
to the State of Florida Department of Transportation a Utilities Agreement for
the adjustment, change or relocation of certain utilities within the Right -of -
Way limits of said State Road Okeecbhoee Ave. & 15th St. Section 91530-3628 ;
BE IT FURTHER RESOLVED that a certified copy of this Resolution be .forwarded
to the State of Florida Department of Transportation at Tallahassee, Florida.
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