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0402 (Zoning)ORDINANCE NO. 402 (27) AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix A, the Comprehensive Zoning Ordinance of the City of Okeechobee, and WHEREAS after consideration of the requirements of the Comprehensive Zoning Ordinance and the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as herein stated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Commercial to CPO. SEE ATTACHED SECTION 2. That the appplication requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to and become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the city's zoning map in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its adoption. ORDINANCE NO. 402 (27) AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO WHEREAS, application has been duly made to change the zoning classification as hereinstated, and WHEREAS, all public notices have been duly published according to law, and WHEREAS, public hearings have been held as required by Appendix A, the Comprehensive Zoning Ordinance of the City of Okeechobee, and WHEREAS after consideration of the requirements of the Comprehensive Zoning Ordinance and the land use plan of the City of Okeechobee as set out in the City of Okeechobee Comprehensive Plan and further after consideration of the public's interest it is deemed to be in the best interest of the City of Okeechobee to change the zoning classification of the land lying within the limits of the City of Okeechobee as herein stated; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA. SECTION 1. That the following described real property is hereby rezoned from Commercial to CPO. SEE ATTACHED SECTION 2. That the appplication requesting this zoning change and proof of publication for any and all public hearings in connection herewith shall be attached to and become a part of this Ordinance. SECTION 3. The Zoning Administrator shall make the appropriate change on the city's zoning map in accordance with this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its adoption. -2- Introduced on first reading and set for public hearing this 25 day of July , 1983. ATTEST: City Clerk Introduced and passed on second and final reading this 12th day of September 1983 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I, Harvey Hamrick, being unable to attend the Planning Board Meeting of Tuesday, July 5, 1983, the case presented by Mrs. Faye Williamson meets with my approval. Date: 3 lo,feEyllizZg,-wt4e,r CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Oscar Thomas CITY ADMINISTRATION J. Mallette Westbrook Dir. of General Services 81 3- 763 -7292 Richard C. Fellows City Administrator 813 -763 -4116 Bonnie Thomas City Clerk 813- 763 -3372 Landon C. Fortner, Jr. Dir. of Public Works 813- 763 -7054 Larry Mobley Chief of Police 813- 763 -5521 L. Keith Tomey, II Fire Chief 813 - 763 -4423 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472 -2932 Home of The Second Largest Fresh Water Lake in the United States TO: The City Council FR: The Planning Board DATE: July 5, 1983 RE: Rezoning request of Hamrick and Sons to be rezoned from Commercial to CPO. See attached. Request: Rezoning request to build a nursing home on this property. Discussion: No objections voiced. Action Taken: Board members reviewed the sixteen requirements with no objections to the findings and all in accord. Member O'Connor moved to recommend to City Council to grant the rezoning from Commercial to CPO. Seconded by Member Wright. Motion carried. e J- es E. Kirk P nning Board thairman C ty of Okeechobee Okeechobee Health Care Fac / itv, Ltd. Parcel "B" A parcel of !and lying in Sections 9, and 10, Township 37 South, Ranee 35 East, Okeechobee County, Florida, Beins more Particularly described as follows: Commenc\ny at the Southwest corner of said Section B, bear North atone the East | ine of said Section 9, a distance of 285.12 feet, for the POINT OF BEGINNING; Thence bear South 89-59-53 West to the intersection with the East R/W line of U.S. Hwy. 441, a distance of 351.67 feet; Thence bear North 00-00-07 West a!ons ie said East R/W se of U.S. HWY. 441, a distance of 30.00 feet; T c bear North 89-59-53 East, throush said Sections 9, and 10, a distance of 800.00 feet; ' Thence bear South 00-00 07 East to the South line of said Section 10, a distance of 321.60 feet; Theoce bear South 89-32-54 West a|ons the said South line of Section 10, a distance of 390.00 feet; Thence bear North 00-00-07 West a distance of 254.66 feet; Thence bear South 89-59-53 West to the said East line of Section B, a distance of 58.34 feet for the POINT OF BEGINNING. Findings - SPECIAL EXCEPTIONS Ingress and egress to the property and the proposed structures thereon will not pose any serious problems in regards to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe Off - street parking and loading areas where required will not create substantial problems in regards to any of the relevant factors in (A) preceding, and the economic, noise, glare, or odor effects of the locations of such off - street parking and loading areas on adjacent and nearby properties and properties generally in the district will not be detrimental Refuse and service areas will not produce any serious problems in regards to any relevant factors in either (A) or (B) preceding There are no problems with utilities including such considerations as hook -in locations and availability and the compatibility of utilities for the proposed use E. Screening and buffering, including considerations of such relevant factors as type, dimensions, and character will be appropriate to preserve and improve the compat- ibility and harmony of use and structure between the proposed special exception and the uses of adjacent and nearby properites and properties generally in the district F. Signs, if any, and proposed exterior lighting, if any, will not be detrimental in regards to such factors as glare, traffic safety, and economic effects of same on properties in the district and will be compatible with other properties in the district G. Required yards and open spaces are provided 1. j,H. The height of structures on the subject property are in harmony with uses and structures on adjacent and nearby properties or properties generally in the district The granting of the special exception will not have a substantially injurious economic effect on adjacent and nearby properties or properties generally in the district * * * ** In granting a special exception, the Board of Adjustment SHALL prescribe a time limit within which the action for which the special exception is granted shall be begun or completed or both. (See section II of checklist) U / • `lJ b" • Findings - REZONING NAME DATE -y,, s,19, Is the proposed change contrary to the established land use pattern? B. Will the proposed change create an isolated district unrelated to adjacent and nearby property? Will the proposed change materially alter the population density pattern and thereby increase or overtax the load on public facilities such as schools, utilities, streets, etc? Are existing district boundaries illogically drawn in relation to existing conditions on the property proposed for change? Will the proposed change be contrary to the City's compre- hensive plan? F. Do changed or changing conditions make the passage of the proposed amendment necessary? Will the proposed change adversely influence living condi- tions in the neighborhood? Will the proposed change create or excessively increase traffic congestion or otherwise affect public safety? Will the proposed change create a drainage problem? Will the proposed change seriously reduce light and air to the adjacent areas? K Will the proposed change adversely affect property values in the adjacent area? Will the proposed change be a deterrent to the improvement or development of adjacent property in accord with existing regulations? Will the proposed change constitute a grant of special privilege to an individual owner as contrasted with the public welfare? Are there substantial reasons why the property cannot be used in accord with existing zoning? Is the change suggested out of scale with the needs of the neighborhood or the City? Is it impossible to find other adequate sites in the City for the proposed use in districts already permitting such use? DATE ° ' b" d 4 NOTICE SENT REQUEST # ADVERTISEMENT__________ 3 PLANNING BOARD x HEARING DATE /..5/4"-%.5 BOARD OF ADJUSTMENT & APPEALS )X FEE PAID veira o O GENERAL NATURE OF REQUEST: CLOSING DATE 7� /i- UNIFORM LAND USE APPLICATION C• A. X Rezone of Land D. Variance B. Zoning Ordinance Change E. x Special Exception C. Appeal of decision of Zoning Administrator F. Other NOTICE: PAYMENT OF FEE MUST ACCOMPANY THIS APPLICATION ALONG WITH PROOF OF OWNERSHIP. (land deed, tax receipt, etc.) 1. Full name of owner of property HAMRICK & SONS, Inc., a Florida Corporation 2. Name of applicant if other than owner N/A Relationship to owner: N/A agent; attorney. 3. Mailing address for notification Post Office Box 837, Okeechobee, Florida 33472 Telephone # (813) 763 -3451 4. Legal description of property involved (as found in official records): Attach additional sheets if necessary. See attached legal description 5. Street address and /or descriptive location of property: See attached map ZONING ORDINANCE CHANGE 1. Please state the section and paragraph number to which a change in the Zoning Ordinance (Number 402 is sought: 2. Please state the nature of the change: Rezone from C to CPO with Special Excep- tion to build a new nursing home complex and professional office center 3. If you are not a City Official, Employee or Council Member, why do you feel this change will be beneficial to the citizens of the City of Okeechobee? The city and county have needed the facilities of a full service nursing home for years and the granting of this request will enable the sick and elderly to be near their homes. 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'LE -1- 1 1 J I I I, • I I ; I ' 1 • .^,j17.1/2 11: 17 j) (•S TL I I ' j R T ••••■• ••••■•• • '• • - •••• , . 147- • .1 1-; rc 1.5 1 , I _ 1-- - I ltr,1r1)1( A ' _no ke.:,104 17ri fl• --1--• , j I I, II i 1 I 1 ,•,•-j.) r..'1111.0 I .--., r'' - c.. • '.., '4 , 12--. 1 _l_..1..i 2r . ... ......,.... 4. o4 -2.1,!::173 241..2.c:17Q , I 1 1 1 i ; • \ . ' II' i "1(-,'•,-)t. -; c-,1,..., ,•A ,-.z. L-,' ' • ' 1 1H , , ; , AJ.,,,.■(.H j;i- c'• ,'}_•••_, "2, '•-..'1',"51-, rii•-'',1 [ 1 , • I I 1 , 1 01 5 4 1 112, 4 LI ; )) _5L,C) i ■ 1.z 1 1;3 L4 Zr; L1.4 11 iyr, I I 11 FSL\ 7.1122.)..12A1-2.51241 [4 11)14,1 /-1\ S.. . 1;14117.-.1i4-rtbakta- INDIES1=-''rW,2234 ar- • t4-2„ Jc., 14.1c„ . 144.5 ■5 r 1. r 4...J-1 4 14,7 • - .• ■ ( 1'1 ('(11,NC11. ( (11' 2,,t 11 `,11,\Illi 1),1 Chap.:an ADMINISTR:■TION Thorna, i< Landon C. Fortner, Jr. Larry NI,,bley Chicf M1 1-763-5.,121 1. Kth Tmney, 11 .2 7LI12d Chief 1. Mallette Vivsthrools. 1)i, (•11,.ral Sen. CITY OF OKEECHOBEE C17Y 11 ;55 Sol 1111. 01.c1,.EC11010111 1.1-()1J11).\ Home of /hi Second Largest Fresh li,it(r ui the Unitcd Slates 11 Mr. R.P. ifairrick, President. j Hamrick & Sons, Inc. 11 Post. 1b5fice Po‘,: 8.170 Okeechobee, 71 orida 334/2 Dear Mr. Hairuck:. , This is to notify you the Cltu Council Its of ficidl meeting on Monday, lune 6, 1983 acted fayer•ably es uour pet it ion for yeduntary annexation to the City 0 pdrcel of ptoperty lying along the north boundarieg the c;ty consisting of six ,.. 0 'r o or 2ess. ( The prcport has been desinated 3ommereld1 and referred to tne ..z.:oroing' Hoard of tHe City of C.keecnobee for their concnrrehcc. A huiLl.inj permit 12221/ now be isou:.:d [cd- dnp of thra permitted :77 0omer77i0 11y zoned property in the ciLtg. Should you or any other pai.ty to hdve the property zoned other than that desli...matod, proper application iihould be made 17) the Plann- ing and Zoning Board of the Cty of akeechobee. DTI Or tO rezoning vt-operty, fifteen days notice is rqulred by tL? Planning and Zoning- Boarcl, therefore, the noxt meeting at .-:Hich action could he taken Tel- at i Ye to ono rezo::::,] 70;_ild be i/o sday , JnIg 5Lh and app/ication should be made, if possihde, on or before Mond,-Hig, June 13th. Please let me know if 12,:: r:' Is 7110/ ster 1 n .1A-)1772a1 1W-J IT- can furnish you 1C011LI: OU to the City of Okeechobee. Sirs o, , Ril,ard C. well ow City Administrator 03: David Conlon, Clitq fltte.rney c.? 7 co tbr.'ok „ D r 30 1377 of (.077.: [11.1 r ,fac Pay e , 110 73722/ /fans ick June 7, 1983 Memorandum To: Planning and Zoning Administrator Westbrook From: RCF Subject: Zoning of Annexed property The City Council at its official meeting on Tuesday, June the 6th, 1983 annexed a tract of land at the north city limits comprising approximately six acres and designated the property as Commercial. The designated zoning has been referred to the Planning and Zoning Board for their study and the subject owner of the property may wish to make application for CPO with a special exception. Will you include the designated zoning of the area on the agenda of the Planning and Zoning Board for their consideration. Richard C. Fellows RCF /r1 WARRANT Y DEED THIS WARRANTY DEED Made the 27 th day of .December, A.D. 1960 by R. E. HAMRICK and ANNIE B. HAMRICK, his wife, Okeechobee, Florida, hereinafter called the grantors, to HAMRICK & SONS, INC., a Florida. corporation, with its principal office at P. O. Box 156, Okeechobee, Florida, hereinafter called the grantee: W 1 T NE SSE TH: That the grantors for and in consideration 847,6 of 866030 shares of the capital stock in IL\./vIRICK & SONS, INC., a Florida corporation of equal value, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate :in Okeechobee County, Florida, PARCEL 1. All of Lots 3 to 18 inclusive of ,Block 6 of the farm lands of the Consolidated Land Company, according to a plat recorded in Plat Book 1 at Page 5, lying South of the abandoned Florida East Coast Rail- road right-of-way, together with the land lying between said Block 6 and the Conners Florida Highway, saving and excepting therefrom a strip of land across the East side of said block, 1482.7 ft. wide, (said exception in- cludes lots 34 to 46 inclusive of Great Lakes Subdivision as shown by plat recorded in Plat Book 1 at Pages 36 to 45 inclusive). This conveyance includes Lots 3 to 33 inclusive of said Great Lakes Subdivision. PARCEL, 2. All of Sections 1 and 2, Township 37 South, Range 35 East. PARCEL 3. All of Section 3, Township 37 South, Range 35 East, lying East of the County road leading from State Highway 441 to Evergreen Cemetery, except the NE 1/4 of the NW 1/4 of the SW 1/4 and the N 1/2 of the NE 1/4 of the NE 1/4 and the NE 1/4 of the NW 1/4 of the NE 1/4. PARCEL 4. All that part of Sections 4 and 9)of Township 37 South, 'Range 35 East, 'lying East of the State Highway 441. PARCEL 5. of the SW 1/4 and all of Section 11, Township 37 South, Range .A11 of Section(f)except the NW 1/4 of the N.E 1/4 35 East. PARCEL 6. All of the West Township 37 South, Range 35 SE .1/4 of the NW 1/4 and the 1/4 and the NW 1/4 of the SE 1/2 and the NE 1/4 of Section 12, East, except the West 1/2 of the SW .1!4 of the NE 1 4 of the SW 1/4 of the SW 1/4. ,r,-.4,41,4VMOMegaiNv ".',0,'-',1i1,91tIVAIM :.. •a' P' cL TOGETHER with all the tenements, hereditaments and appur- tenances thereto belonging or in anywise appertaining. TO }{AVE AND TO HOLD THE same in fee simple forever. AND the grantors hereby covenant with said grantee that the grantors are lawfully seized of said land in fee simple; that the grantors have good right and lawful authority to sell and convey said land; that the grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 1960. IN WITNESS WHEREOF, the said grantors have signed and seal- ed these presents the day and year first above written. Signed, sealed and delivered in our presence: STATE OF FLORIDA COUNTY OF HILLSBOROUGH L. S. L. S. I HEREBY CERTIFY that on this day, before rne, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowl- edgments, personally appeared R. E. HAMRICK and ANNIE 13. HAMRICK, his wife, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 29th day of December A. D., 1960. „f9 r Notary Public, State of Florida at;Large My Commission Expires: Notary Pub■c, S!af.e of F!o`ida at ta•Ee. My C- ;r.n■..,ssr:;;� 21 1.'62 NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE 11402 NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, a municipal corporation, will consider rezoning from Commercial to Commercial /Professional /Offices (CPO) and amend accordingly Appendix A being the Comprehensive Zoning Regulation, the following described real property, situate, lying and being within the corporate limits of the City of Okeechobee, Florida, to -wit: A parcel of land lying in Sections 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the Southwest corner of said Section 9, bear North along the East line of said Section 9, a distance of 295.12 feet for the POINT OF BEGINNING. Thence bear South 89 °59'53" west to the intersection with the east R/W line of U.S. Hwy. 441, a distance of 351.67 feet; Thence bear North 00 °00'07" west along the said east R/W line of U.S. Hwy. 441, a distance of 30.00 feet; thence bear north 89 °59'53" east, through said Sections 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear South 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear north 00 °00'07" west a distance of 294.66 feet; thence bear south 89 °59'53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built on said property. A second and final hearing in relation thereto will be held at 7:00 P.M. on September 12, 1983, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and citizens shall have an opportunity to be heard. Please govern yourselves accordingly. Bonnie S. Thomas, CMC City Clerk PUBLISH IN THE OKEECHOBEE NEWS: August 3rd and 10th, 1983. Posted on property August 5th, 1983, by Building Official Mallette Westbrook. Additional information may be obtained by calling 763 -3372 NOTICE OF INTENTION TO AMEND CITY ZONING ORDINANCE #402 AND REQUEST FOR SPECIAL EXCEPTION NOTICE is hereby given that the Planning Board of the City of Okeechobee, Florida, a municipal corporation will consider rezoning from Commercial to CPO - Commercial, Professional and Office Districts, and to amend according the Comprehensive Zoning Ordinance #402, after - which, the Board of Adjustments and Appeals will consider a request for a Special Exception to allow a Nursing Home on the following described real property, situate, lying and being within the corpor- ate limits of the City of Okeechobee, Florida, to -wit: A parcel of land lying in section 9, and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Commencing at the Southwest corner of said Section 9, bear North along the East line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING; Thence bear South 89 -59 -53 West to the intersection with the East R/W line of U.S. Hwy. 441, a distance of 351.57 feet; Thence bear North 00 -00 -07 West along the said East R/W line of U.S. Hwy. 441, a distance of 30.00 feet; Thence bear North 89 -59 -53 East, through said Section 9, and 10, a distance of 800.00 feet; Thence bear South 00 -00 -07 East to the South line of said Section 10, a distance of 321.60 feet; Thence bear South 89 -32 -54 West along the said South line of Section 10, a distance of 390.00 feet; Thence bear North 00 -00 -07 West a distance of 294.66 feet; Thence bear South 89 -59 -53 West to the said East line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. A public hearing in relation thereto will be held at 7:00 P.M. on the 5th day of July, 1983, in the City Council Room, City Hall, Okeechobee, Florida, at which time all parties in interest and Citizens shall have an opportunity to be heard. PLEASE GOVERN YOURSELVES ACCORDINGLY. / . Mallette Westbrook Building and Zoning Administrator PUBLISH IN THE OKEECHOBEE NEWS: June 15, 1983 Posted on property June 15, 1983, by Building Official J. Mallette Westbrook. Additional information may be obtained by calling 763 -7292. : :0l Clerk Thomas noted receipt of two (2) written requests: 1) Council on Aging - requested $3,000.00 to be used as match money to secure Federal funds to provide services to the elderly and disabled. 2) Recreation Advisory Board - requested any amount up to $20,000.00 to extend the proposed project to include four tennis courts. The $20,000.00 donated last year going towards two racquet hall courts. There were no citizens present to request funds. ADJOURNMENT There being no further business, the Administrative Hearing adjourned at 1:15 P.M. Edward W.' Douglas, DC i Chairman City of Okeechobee ATTEST: Bonnie S. Thomas. CMC City Clerk City of Okeechobee THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE CITY CLERK'S OFFICE. REGULAR MEETING MONDAY, SEPTEMBER 12, 1983 The City Council of the City of Okeechobee, Florida, met in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman Edward W. Douglas called the meeting to order with the following Councilmen present: Edward W. Douglas, Chairman James H. Knight, Vice Chairman Dowling R. Watford, Jr. Oakland Chapman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Larry Mobley, Police Chief L. Keith Tomey, Fire Chief Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS 1II & #III - INVOCATION AND PLEDGE The Invocation was offered by Councilman Jim Knight followed by the Pledge of Allegiance. 83 -2 AGENDA ITEM IfIV - APPROVAL OF MINUTES The minutes of the Budget Workshop meetings of July 26 and July 27, 1983; the Special Meetings of July 27 and August 22, 1983; the minutes of the Regular Meeting of August 15, 1983; and the minutes of the Administrative Hearing held on August 29, 1983, were presented for approval. With no additions, deletions, or corrections needed, Councilman Watford moved to approve the minutes as submitted, seconded by Councilman Chapman. Motion carried. 87-69 AGENDA ITEM #V - PUBLIC HEARING - TENTATIVE BUDGET AND TENTATIVE M[LLAGE Chn i rman Doug] an en 1 1 ed fr>r :i piih 1 i r he; r rij g propo:ed I ,tH t /h1 budget . The I' I cxn npened for c 1 tizenn comrnent.r:. .3348 T Citizen Andy Rubin presented a signed petition which stated: "We the taxpayers of Okeechobee City are against any hiring of new employees for the City that will increase any taxes for the residents of this Okeehcobee City, or an increase in the budget that will increase taxes. We are against the proposed fifty cent (500) per foot new frontage tax." Rubin noted the petition was signed by over four hundred (400) citizens. Pertaining to the budget, Mr. Rubin commented on the following budget line items: 1) Income from the 40 gas tax - estimated $100,000.00 2) Monies left in reserve - $325,000.00 3) LaGrow suit expenses 4) Paving - $90,000.00 ($10,000.00 for drainage improvements - $80,000.00 for new paving) 5) City Attorney - line items total $19,701.00 (Rubin felt it was entirely too much for four meetings per month) 6) Contingencies - monies set out for each department (Rubin objected and thought the Council should have control of contingency spending). The Administrator advised that the Council does in fact approve all contingency transfers. In conclusion, Mr. Rubin asked that the Council consider selling the one hundred fifty- four (154) acres and put the monies back into reserves. Citizen Ben Dixon questioned budget line items 1100 Executive Salaries and 1200 Admini- strative Salaries. Administrator Fellows explained that the State has a mandated accounting system that requires that certain salaries be allocated under certain account numbers. The 1100 catagory is always for elected officials (the five councilmen); 1200 catagory is for appointed positions (in particular the administrator and Executive Secretary). The remaining line items in 511.000 and 512.000 were summarized by the Administrator (ie: utilities, equip- ment rentals, repair and maintenance, office supplies, etc.) Citizen Sam Thomas asked when the Council would discuss the proposed street special assessments. The Mayor advised that the special assessment concept is merely in the discussion /planning stage and is not connected with the 1983/84 budget. Citizen Ben Dixon questioned the "plus eleven percent" ( +11 %) indicated on the budget summary sheet, in regards to the proposed millage rate of 4.488 %. City Administrator explained that the +11% indicated the increase over the 1982/83 millage rate of 4.0386 %. With no further comments from the citizens present, the floor was opened for discussion by the Council. The final publiC hearing to be held Monday, October 19, 1983. Councilman Watford moved to set the tentative millage at 4.338 %, the debt service at .150 %, and adopt the tentative budget as presented, seconded by Councilman Thomas. Citizen Frank Altobello asked for the percent, that the 1983/84 budget increased over the 1982/83 budget. Administrator Fellows advised approximately seven percent (7 %). With no further discussion, the Chair called for a vote on the motion setting the tentative millage rate and adopting the tentative budget. Vote on the motion carried. 83 -74 83 -75 83 -76 AGENDA ITEM #VI - COMPETENCY BOARD (CONTRACTORS) Chairman Douglas called for action by the Council to appoint a replacement for Joe Baker on the Competency Board (contractors) the term expiring in 1986. The Council discussed briefly Roy Seeber, the replacement recommended by Building Official Westbrook. Councilman Thomas suggested Zollie Aldridge as a possibility. Councilman Knight moved to appoint Roy Seeber to the competency board, seconded by Councilman Chapman. Motion carried. AGENDA ITEM #VII - REZONING REQUEST - PHIL BERGER The Chair noted receipt of a recommendation from the Planning and Zoning Board for the rezoning of property at the southwest corner of Parrott Avenue and Southwest Eleventh Street from Residential Single Family to commercial for the construction of a Captain "D's" Seafood Restaurant. Councilman Knight moved to set the request for second and final hearing on Monday, October 17, 1983, seconded by Councilman Thomas. Councilman Watford asked if the present owner will be the one developing the property if rezoned. Mr. Berger advised no. No futher discussion, the motion carried. AGENDA ITEM I /VIII - REQUEST TO AMEND ORDINANCE REGARDING SALE OF ALCOHOLIC BEVERAGES Phil Berger appeared before the Council to request consideration of an amendment to the Ordinance Code of the City of Okeechobee regarding the sale of alcoholic beverages to reduce the distance from the point of sale to the nearest church or school from seven hundred feet (300'). Berger asked for an interpretation of the seven hundred foot (700') ordinance. Berger stated the existing ordinance sets a precedent and is very oppressive due to the lack of commercial property within the city. Attorney Gerald LeFebvre, representing Mr. Berger, stated the present ordinance is vague and asked for an interpretation. LeFebvre noted that Lottie Raulerson, a member of the Primitive Baptist Church, doe. not object to the proposed restaurant. Administrator Fellows explained that measurements were made by both the Public Works Department and the Building Department, three different figures were arrived at 1) two hundred thirty -one (231); 2) five hundred sixty -five (565); and 3) nine hundred thirty -eight (938). Thus causing the confusion. Attorney Conlon read the ordinance in question and was of the opinion that the ordinance intended the measurement be made from the business from door to the Church's property line. The Council discussed the matter at length. It was noted that no objections were voiced from the surrounding property owners. The discrepancy occurs when interpreting "nearest point of said business ". Attorney LeFebvre stated the Council will have to determine whether or not the request falls within the restrictions of the ordinance. Councilman Chapman moved to leave the ordinance as is with the seven hundred foot (700') requirement, and that the request for the seafood restaurant, is in compliance, seconded by (ounr.1 1rn..rn Thomas. 3350 Councilman Watford stated he concurred with leaving the ordinance as is, however, he disagreed with the request being in compliance. The ordinance stated "nearest point of said place of business ", it does not say "from point of entry ". Therefore, the measurement should be taken from the nearest point of the restaurant to the nearest point of the church. Following brief discussion, the chair called for a vote on the motion. Councilmen Knight, Chapman and Thomas voted Yes. Councilman Watford voted No. Motion carried. 83 -30 AGENDA ITEM #XVII - SECOND HEARING - ORDINANCE AUTHORIZING COUNTY RESIDENTS (OWNING CITY PROPERTY) TO VOTE IN CITY ELECTIONS The Chair called for a final public hearing on an ordinance authorizing owners of real property within the city limits of Okeechobee who reside within Okeechobee County and are qualified electors, thereof, to vote in city elections. Upon request, Administrator Fellows explained the proposed ordinance. Fellows advised, "there is no case law in the State of Florida. Our counselor on this matter, Claude Mullis, has indicated that several other stated have laws which permit this type of procedure relative to elections." Mullis also advised that under the State's home rule for cities, Chapter 166, any activity that is not expressly prohibited by the constitution may be undertaken by the city through ordinance, particularly where it is offered in a referendum ". The Aministrator summarized, "In Mullis' opinion the City can consider this ordinance, adopt it and submit it to a vote of the electors of the city. If passed, it would allow qualified electors, who live in the county and own real property in the city, to vote in city electors." The Chair opened the floor for comments. Citizen Andy Rubin objected strongly to the proposed ordinance stating that through research he has determined it to be illegal. This will allow names to be added to the tax roll just to'be able to vote in city elections. Clerk Thomas advised the Council that she had spoken with Dorothy Glisson, Deputy Secretary for Elections, who pointed out the two chapters in the Florida Statutes that disallow this. This information was turned over to the City Attorney. Lengthy discussion ensued as to the possible consequences. The Chairman asked that the Administrator give a brief background on Claude Mullis. Fellows advised he was the City Attorney for the City of Jacksonville for twenty (20) years; the counsel for the League of Cities for five (5) years; he is currently in private practice in Jacksonville for two law firms. Fellows then quoted from Mullis' letter, "The Supreme Court of Florida came to grips with the problem of constitutionally derived home -rule powers to cities in the case of the State vs. the City of Sunrise. This decision was squarely based on Section 2, Article 8 of the 1968 Florida Constitution; holding that the only limitation on the home -rule power set forth in that provision of the constitution is that it must be exercised for a valid municiple purpose. And it followed that municipalities are not dependent upon the logi;;lature for further authorization. Statutes are relavent only to determine limitation: or prohibitions. In conclusion, our research and review of the Florida Statutes including Florida Statutes 98.0913, finds no clear prohibition which would preclude the city from authorizing residents in the county owning real property within the city from becoming electors providing such ordinance amending the Charter is submitted and approved at an election of the electors of the City of Okeechobee ". Citizen Andy Rubin requested that he City seek an opinion from the Attorney General. With no further discussion, Councilman Knight moved that the ordinance be adopted, se- conded by Councilman Watford. Councilman Thomas asked that they request an opinion from the Attorney General. The City Attorney was so authorized. The Chair read the title as follows: AMENDING ARTICLE III, SECTION 11 TO PROVIDE THAT PERSONS WHO ARE BONA FIDE OWNERS OF REAL PROPERTY WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE ARE ALSO QUALIFIED ELECTORS OF THE CITY OF OKEECHO- BEE; PROVIDING AN EFFECTIVE DATE. With no further discussion, the vote on the motion to adopt the ordinance carried. Councilmen Knight, Watford and Thomas voted Yes. Councilman Chapman opposed. 83 -10 AGENDA ITEM #IX - PLANNING BOARD VACANCY Chairman Douglas called for action by the Council to appoint a member to the Planning and Zoning Board to fill the unexpired term of James Kirk who has resigned. The term of office expires March 31, 1984. Fellows noted that after advertising no new applications have been received. Previous applications were Dr. Norman Koff and Tony Miller, also, a letter application was received from Robert Francis. Following brief discussion, Councilman Thomas moved to appoint Robert Francis. Motion died for a lack of a second. Councilman Chapman moved to appoint Dr. Koff to replace Kirk's unexpired term March 31, 1984, seconded by Councilman Knight. Motion carried. 83-L0E AGENDA ITEM #X - DOUBLE TAXATION The next agenda item required action by the Council to accept, reject or modify the County Resolution developed in response to the City's Double Taxation claim for the fiscal year be- ginning October 1, 1983. Administrator Fellows summarized, "The County has indicated they will make payment to the City in the areas of planning, zoning and building and forestry but deny any double taxation exists as it relates to the Sheriff's road patrol and investigations. Onthis item, they are relying on the District Court of Appeals opinion in the Palm Beach County case and have indi- cated if the Supreme Court overturns their ruling the county will make payment to the City. Payment wilibe made to the city from the Road and Bridge fund for the city's portion of ad valorem taxes collected and from the county -wide share of the half cent sales tax. The county also proposes to provide the city its share of the constitutional gas tax (fifth and sixth cents) and in return will not maintain any at et.s within the City of Okeechobee beginning October I, ['Wt.° 3352 Fellows further advised that the proposed resolution was submitted to KeltOn and Associates, who conducted the original study. Mr. Kelton said the County's answer appears to be fair and equitable depending on what the Supreme Court rules in regards to the Sheriff department. The Council discussed the proposal at length, also, the need for approximately seven thousand feet (7,000') of paved streets which need to be brought up to standards. The City will receive nineteen percent (19 %) of the four cent (40) gas tax and sixteen percent (16 %) of the fifth and sixth cent (5th and 6th 0) tax. Councilman Watford disagreed with the proposed sixteen percent (16 %), since the County is giving up the collector roads for which they are legally responsible. The City should receive nineteen percent (19 %) of the fifth and sixth cent tax also as in the four cent (40) gas tax, or as a compromise have the County resurface the seven thousand feet (7,000') to meet proper specifications. The Council discussed the matter briefly followed by a motion by Councilman Watford, se- conded by Councilman Chapman, to accept the resolution of the County contingent upon either all roads being brought up to specifications or the county agree to increase the fifth and sixth cent ' tax to nineteen percent (19 %). Motion carried. 83 -62 AGENDA ITEM #XI - D.O.T. - RAILROAD CROSSING The Chair noted receipt of a letter from the Department of Transportation regarding the proposed railroad crossing at the extension of Southeast Tenth Avenue, and called for action by the Council to authorize an approproate response (either ask for further study, reconsideration, or drop the request). The Seaboard Coastline Railroad sent officials to Okeechobee to look into the matter and have sent a letter to the Department of Transportation indicating they object to the establishment of a new grade crossing as being premature. Following brief discussion the Countil agreed to leave matters as they are. 83 -77 AGENDA ITEM #XII - FIRST HEARING - ORDINANCE AMENDING RETIREMENT BENEFITS Chairman Douglas introduced for first reading an ordinance amending Ordinance 419 providing retirement benefits for general employees of the City of Okeechobee; said amendment increases the retirement benefits from 1.5% to 1.6% of the average monthly earnings. The title was read as follows: 83 -77 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION III, SUB - PARAGRAPH A (1) TO PROVIDE FOR FIVE YEARS OF CONTINUOUS SERVICE INSTEAD OF TEN YEARS OF CONTINUOUS SERVICE; AMEND- ING SECTION III SUB - PARAGRAPH B (1) TO INCREASE THE MONTHLY RETIREMENT BENEFITS FROM 1.5 PERCENT TO 1.6 PERCENT OF AVERAGE MONTHLY EARNINGS; PROVIDING AN EFFEC- TIVE DATE. Councilman Knight moved to set the proposed ordinance for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. AGENDA ITEM ItXIII - FIRST READING - ORDINANCE AMENDING RETIREMENT BENEFITS Chairman Douglas introduced for first reading an ordinance amending Ordinance 419 providing retirement benefits to the general employees of the City of Okeehcobee; said amendment would provide five year vesting instead of ten year vesting. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING ORDINANCE 419, SECTION VI TO PROVIDE FOR VESTING IN THE RETIREMENT SYSTEM WITH FIVE YEARS OF CONTINUOUS SERVICE IN- STEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. Councilman Knight moved to set the proposed ordinance for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. 83 -72 AGENDA ITEM ifXIV - PUBLIC HEARING - CITY COMPREHENSIVE PLAN - HOUSING ELEMENT Chairman Douglas called for a public hearing on the amendment of the City of Okeechobee Comprehensive Plan, amending the Housing Element to correct the designation of the census enumeration districts, providing a more comprehensive treatment of the Housing Element. The resolution was read as follows: WHEREAS, the City of Okeechobee has been required by the State of Florida to adopt a Comprehensive Plan, and WHEREAS, the City has followed the procedures as provided in Chapter 163.3161, Florida Statutes, and WHEREAS, an amendment to theHousing Element of the plan has been transmitted for review and comment to the State, the Central Florida Regional Planning Council and the Planning Department of Okeechobee County, and WHEREAS, said agencies have approved the Housing Element amendment, NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Okeechobee, Florida, as follows: 1. The City of Okeechobee Comprehensive Plan is hereby amended to provide a new section, to wit: That certain Housing Element titles: "City of Okeechobee Comprehensive Plan, Housing Element, Section II" which is attached hereto and by this reference incor- porated herein as though fully set forth. 2. The City Clerk of the City of Okeechobee shall attache the amended Housing Element of the Comprehensive Plan to all remaining copies of the plan in the possession of the City. 3. This resolution shall take effect immediately upon its adoption. Introduced and adopted in regular session this day of , 1983. Upon request, Adminsitrator Fellows clarified the purpose for the correction, "The State Department of Community Affairs advised that the census enumeration districts in the Housing Element were in error and they required the City to go through the amendment process to correct it. When the Central Florida Regional Planning Council did that, they also went through the housing element and gave the element a lot more statistical data relative to the publicly assisted housing programs, the Department of Housing and Urban Development, Farmers Home Ad- ministration's programs in housing, the State housing programs and the Veterans Administration programs. An started in the resolution the :Ante, County ;rnd n.nt.rnl Fluridn kct�irmnl I'Irrnnint', t;n:ri i I have all had a chance to ocmment on the changes. It is now up to the Council to adopt or amend 3354 it anyway they deem appropriate." For clarification, Councilman Watford noted that all the amendments were strictly recom- mendations, they did not change any policies or objectives. With no amendments noted, Councilman Watford moved that the resolution be adopted, seconded by Councilman Knight. Motion carried. 83 -67 AGENDA ITEM / /XV - REZONING REQUEST - WILLIAMSON Chairman Douglas read for second and final hearing the title of an ordinance requesting the rezoning of a portion of the proposed nursing home property at the north city limits from Commercial to Commercial /Professional /Offices. The title is as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIZ A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINIS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO. Councilmen Knight and Thomas moved that the rezoning request be approved, seconded by Councilman Watford. Motion carried. 83 -78 AGENDA ITEM iXVI - FIRST READING - ORDINANCE PROVIDING LOCKSMITHS BE BONDED The Chairman introduced for first reading an ordinance amending the Occupational License section of the City Code to provide that locksmiths must be bonded. The title was read as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SUB - PARAGRAPH (59) PROVIDING THE LOCKSMITHS MUST BE BONDED; PROVIDING AN EFFECTIVE DATE. Councilman Thomas moved that the ordinance be set for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. 83 -79 AGENDA ITEM #XVIII - GREATER OKEECHOBEE ADVISORY COMMUNITY TEAM Chairman Douglas brought up for discussion of the recommended appointments to the Greater Okeechobee Advisory Community Team, and asked the City Administrator to explain briefly the need for such a committee. Fellows advised, "It is a requirement of the Small Cities Community Block Grant Program to set up a committee of people from the target area to provide input on the initial application. Last year the City filed for a Community Block Grant in the amount of Five hundred Thousand Dollars ($500,000.00), for housing rehabilitation and sewer collection system. The Council discussed the responsibilities and limitations of such a committee (recommended members Lula Worthen, Bubba Ervin, Daniel Johnson, Patricia Gilliam and Reverend Arthur McGill). Councilman Chapman moved to accept the Greater Okeechobee Advisory Community Team (COACT), setting a meeting date of September 14, and limit the scope of their actions to one project, seconded by Councilman Watford. Motion carried. 83 -17 AGENDA ITEM / /XIX - REQUEST FOR BIDS - HOSPITALIZATION INSURANCE Chairman Douglas called for Council's action on a request for authority to advertise for bi1:= Cr hospitalization insurance with thebids to he returnable November 7, 1983, and the CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Oscar Thomas CITY ADMINISTRATION Landon C. Fortner, Jr. Dir. of Public Works 813-763-7054 Larry Mobley Chief of Police 813 -763 -6521 L. Keith Tomey, II Eire Chief 81 3 -763 -4423 J. Mallette Westbrook Dir. of General Services 813-763-7292 Richard C. Fellows City Administrator 813-763-4116. CITY OF `OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472 -2932 July 29, 1983 Home of The Second Largest Fresh Water Lake in the United States Re: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Dear Hamrick & Sons, Inc. has filed a request for a rezoning with the City of Okeechobee, that the following parcel of land be rezoned from Commercial to Commercial /Professional /Offices (CPO): A parcel of land lying inSection 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING; Thence bear South 89 °59'53" west to the intersection with the east R/W line of U.S. Hwy 441, a distance of 351.67 feet; Thence bear north 00 °00'07" west along the said east R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear north 89 °59'53" east, through said Section 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear North 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59'53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built. According to rezoning ordinance #402 we are required to notify all property owners within 500 feet of the property in question. Records show you to be the owner of the following: This is to advise you of a second and final hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Monday September 12, 1983. If you are unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -3372. Sincerely, Bonnie S.Thomas, CMC City Clerk .cY.Wtay,� OK f iuNr ypy�i CITY COUNCIL Dr. Edward DoUgias, Mayor Jim Knight, Sr., Vice Mayor COUNCIL, MEMBERS Oakland Chapman Dowling WaU rd, Jr. (lsrar Thomas CITY ADMINISTRATION :3:37_ l,andun C. Fortner, Jr. lair of Pubhr Wi■rks 81 :3- 763 -7“54 Larry Mobley Chief of Police 81:3 -763 -5521 L. Keith Tomey, II Fire Chief 813-763-4423 J. Mallette Westbrook Dir. of General Services 813-763-7292 Richard C. Fellows ( itt Administrator 813-763-4116 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472 -2932 Home of The Second Largest Fresh Water Lake in the United States July 28, 1983 Hamrick & Sons, Inc. P.O. Box 837 Okeechobee, Florida 33472 CERTIFIED MAIL IP2'76 -107 -026 RETURN RECIPT REQUESTED NOTICE OF PROPOSED REZONING Please take notice that a public hearing will be held before the City Council of the City of Okeechobee, Florida, on September i2, 1983, at 7:00 P.M. in the City Council Chambers at the City Hall, to consider the rezoning of property as follows: A parcel of land lying in Section 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING: Thence bear south 89 °59'53" wc.st of the intersection with the east R/W line of US Hwy 441, a distance of 351.67 feet; Thence bear north 00 °00'07" west along the said east R/W line of US Hwy. 441, a distance of 30.00 feet; Thence bear north 89 °59'53" east, through said Section 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 1.0, a distance of 390.00 feet; Thence bear north 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59'53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. from existing classification of Commercial to CPO. BST:jm Bonnie S. Thomas, CMC City Clerk co 3 w' • SENDER: Complete Items 1, 2, 3, and 4. Add your address in the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) `_ 1. The follewIng servIce is requested (check one). ❑ Show to wham and date delivered ❑ Show to when, date, ar-d address of dolh•ery 2. ❑ RESTRICTED DELIVERY (The restricted Ce(erery lee it chw6e1 in adaiir'on to the return ,r sipf lee ) TOTAL S 3. ARTICLE ADDRESSED TO: Hamrick & Sons, Inc. P.O. Box 837 •. -- ••• -- • 4. TYPE OF SERVICE: ❑�,?RE�G�ISTERED ❑INSURED ErCERTIFIED ❑COD P276107026 ❑EXPRESS MAIL (Always obtain alga -lute of a ddress or age: t) I have received the article described above. SIGH AR! RE ❑Addressee ❑Authorized agent FDA E OF DELIVERY POSTMARK (may be on reverse dde) ARTICLE NUMBER 6. ADDRESSEE'S ADDRESS (On ' 11 (equested) 7. UNABLE TO DELIVER BECAUSE: �t> 7a. EMPLOYEE'S ALS * GPO 982-379 -593 P276 Hamrick & Sons, Inc. P.O. Box 837 Okeechobee, Fla. 33472 7 -29 -83 1.55 K rt:'tp,t 14% R citr Hamrick & Sons, Inc. P.O. Box 837 Okeechobee, Fla. 33472 HO BEE .11-4 ( ; • June 15, 1983 CERTIFIED MAIL fi276 107 084 RTURN RECEIPT REQUESTED NOTICE OF PROPOSED REZONING AND S2EcIAL EXCEPTION Please take notice that a public Loaring will Le held before the Planning Board/Board of Adjustments and ilppeals of the Citp of Okeechobee, Florida, on July 5,1983 at 7:00 o'clock P.2., in the Cittl Council Room at the City Hall to consider tne rezoning and special exception of property as follows: A parcel of. land lying in Section 9, and la), Township 37 South, Range 35 East, Okeechobee County, Florida, Being more particularly descriBed as follows: Commencing at the Southwest corner ot said Section 9, bear North along the East line of said Section 9, eeistance et 295.12 feet, for the POINT OF BEGINNING: Thence bear South 8,9-59-0 3 West of the interostion with the East R/W iinc of U.S. Hwy. 441, distance of 251.67 feet; Thence hear North 00-00-07 West along. the sdid L'ast R/W iine of U.S. Hwy. 441, a distance of 30.00 fcct; Thence bear North 89-59-53 East, through said Section 9, and 10, a distance of 800.00 feet; Thence bear South 00-00-07 East to the South line of said Section 10, a distance of 321.60 feet; Thence bear South 89-32-54 West along thu said South line of Section 10, a distance of 290.00 feet; Thence bear North 00-00-07 West a distance of 294.66 feet; Thence bear South 89-59-53 West to the said East line of Section 9, a distance of 58.34 feel: for the PCiNT 012 BEGINNING from existing classification of Commercial to 5P0. Additional information may be obtained by contacting the Building Department at Cdty Hall or by calling 763-7202. Sincerely, .. „....",.. 't. -. - ',- ,' -•••kl... ,....-0,-; • L4"3"" t t, , I tZ. Beatrice Castorina Pdanning Board Secretary O SENDER: Complete items 1, k, a, ano Add your address in the "RETURN 8 on reverse. 4. TO" space (CONSULT POSTMASTER FOR t. The following service is requested (check ❑ Show to whom and date delivered ❑ Show to whom, date, and address of a. ❑ RESTRICTED DELIVERY (The restricted delivery fee is charged in addition the return receipt fee) TOTAL FEES) one). —.¢ delivery.. ___¢ —0 to 2 a = 3. ARTICLE ADD RE 0 TO Hamrick & Sons, Inc. P.O. Box 837 QkeO hnhrE Fia. �t47 m �3 " a TYPE Of W.RVI ❑ REGISTERED ❑ INSURED lCRttc NUMBER P276 107 084 ❑cos • EXPRESS mum (Ahverys obtain signature of addressee or agent) si to v I have received the article described above. SIGNATURE ❑ Addressee ❑ Authorized agent DATE DEUVERY POSTMARK Z 0 n rn 6. ADDRESSEE'S ADDRESS (Only ( requested) o C P, 7. UNABLE TO DELIVER BECAME: CITY COUNCIL Dr. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS t)akland Chapman Dowling Watford, Jr, Os(ar Thomas CITY ADMINISTRATION (me. 'Phe,Inas e ih.l :1:172 Landon C. Fortner, Jr. Ihr. of Pohl!, Works ri13- 763 - 7054 Larry Mobley ( hief -1f Pohce 813- 763 -f 521 L. Keith Tomey, it Fire Chief 813-763-$423 J. Mallette Westbrook Dir. of General Services 813-763-7292 Richard C. Fellows City Administrator 813-763-4116 CITY OF OKEECHO BE E CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472.2932 July 2.9, 1983 Home of The Second Largest Fresh Water Lake in the United States Josephine A. Manley & Joyce A. Morrison 248 Starling Drive Okeechobee, Florida 33472 Re: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Dear Ms. Manley & Ms. Morrison: Hamrick & Sons, Inc. has filed a request for a rezoning with the City of Okeechobee, that the following'parcel of land be rezoned from Commercial to Commercial /Professional /Offices (CPO): A parcel of land lying inSection 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet, for the POIPJT OF BEGINNING; Thence bear South 89 °59'53" west to the intersection with the east R/W line of U.S. Hwy 441, a distance of 351.67 feet; Thence bear north 00 °00'07" west along the said east R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear north 89°59';3" east, through said Section 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear North 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59'53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built. According to rezoning ordinance (6402 we are required to notify all property owners within 500 feet of the property in question. Records show you to be the owner of the following: Lots 11 to 14, Block 2, City of Okeechobee This is to advise you of a second and final hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Monday September 12, 1983. If you are unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -3372. Sincerely, ,7' Bonnie S.Thomas, ChM City Clerk CITY COUNCIL Dr. h:dward Douglas. Mayor Jim knight, Sr., Vice Mayor COUNCIL MEMBERS 1lakiand Chat :man Do, ling Watford, Jr. U.., ar 1`ho111as CITY ADMINISTRATION Thomas kik 7113'3372 Landon C. Fortner, Jr. Dir. of P'.Iblu. Works 81 3.7113- 7(1:,4 Larry Mobley Chic! of Police 813-7(13-5521 L. Keith Tomey, 11 hire Chief 813-763-4423 J. Mallette Westbrook 1)1r. of General Services 813-763-7292 Richard C. Fellows City Administrator 813.763 -4116 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472.2932 July 29, 1983 Home of The Second Largest Fresh Water Lake in the United States Muzaff'ar & Suraiya Husain 150 N.E. 13th Street Okeechobee, Florida 33472 Re: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Dear Dr. & Mrs. Husain: Hamrick & Sons, Inc. has filed a request for a rezoning with the City of Okeechobee, that the following parcel of land be rezoned from Commercial to Commercial /Professional /Offices (CPO): A parcel of land lying inSection 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING; Thence bear South 89 °59'53" west to the intersection with the east R/W line of U.S. Hwy 441, a distance of 351.67 feet; Thence bear north 00 °00'07" west along the said east R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear north 89 °59'53" east, through said Section 9 and 10, a distance of 800.00 "eet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear North 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59'53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built. According to rezoning ordinance 11402 we are required to notify all property owners within 500 feet of the property in question. Records show you to be the owner of the following: Lots 1 - 8, Block 1, Lots 1 to 10 Inc., 15 to 18, 19, 20, 23, to 26 Inc. 21 & 22, Block 2, Lost 1 - 14, 19 & 20 Block 15, Lots 1 - 17 Block 16, City of Okeechobee This is to advise you of a second and final hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Monday September 12, 1983. If you are unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -3372. Sincerely, at/ Bonnie S.Thomas, CMC City Clerk CITY COUNCIL Ur. Edward Douglas. Mayor ion Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chapman Dowling Watford, Jr. Osear Thomas CITY ADMINISTRATION iii pia n"r Thomas I.rk I:S 7i,.1 3 :471 Landon C. Fortner, Jr. Dir. of Public Works 813-763-7054 Larry Mobley Chief of Police 81:3 763.5521 L. Keith Tomey, 11 Fire Chief 813-71;3-4423 J. Mallette Westbrook Dir. of General Services 813-71;3-7292 Richard C. Fellows City Administrator 813- 763 -4116 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472.2932 July 29, 1983 Home of The Second Largest Fresh Water Lake in the United States Frank Ozga, Dorothy Kulick & John W. Jr. & Amelia Carry Knapp 10400 N.W. 3rd Street Plantation, Florida 33317 Re: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Dear Sirs: Hamrick & Sons, Inc. has filed a request for a rezoning with the City of Okeechobee, that the following parcel of land be rezoned from Commercial to Commercial /Professional /Offices (CPO): A parcel of land lying inSection 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet., for the POINT OF BEGINNING; Thence bear South 89 °59'53" west to the intersection with the east R/W line of U.S. Hwy 441, a distance of 351.67 feet; Thence bear north 00 °00'07" west along the said east R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear north 89 °A'53" east, through said Section 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear North 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59'53" west to the said east line of Section `j, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built. According to rezoning ordinance 41402 we are required to notify all property owners within 500 feet of the property in question. Records show you to be the owner of the following: Lots 1, 2, 3, 7 - 16, Inc. Block 3, City of Okeechobee This is to advise you of a second and final hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Monday September 12, 1983. If you are unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -3372. Sincerely, 7 Bonnie S.Thomas, CMC City Clerk %� 3 CITY COUNCIL Dr. Edward Douglas. Mayor Jun Knight, Sr., Vice Mayor COUNCIL MFMBERS Oakland Chapman Duwlu.g Watford, Jr. Oscar Thomas CITY ADMINISTRATION H000pe homa% h•; f. �., :1,3.1372 Landon C. Fortner, Jr. !)ir. of Public Works 813-763-7054 Larry Mobley Chief 01 Police S I:1-763-7,521 L. Keith Tomey, 11 Eire Chief 813-763-4423 J. ?Nanette Westbrook Dir. of General Services S 1 3- 763 -7232 Richard C. Fellows City Administrator S13-763-1116 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST TIIIRD AVENUE OKEECHOBEE, FLORIDA 33472-2932 July 29, 1983 Horne of The Second Largest Fresh Water Lake in the United States Sassafras Coal Co. 3527 Dixie Highway Erlanger, Ky. 41018 Re: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Dear Sirs: Hamrick & Sons, Inc. has filed a request for a rezoning with the City of Okeechobee, that the fo.11owing`}Sarcel of land he rezoned from Commercial to Commercial/Professional/Offices (CPO): A parcel of land lying inSection 9 and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particu- larly described as follows: Commencing at the southwest corner of said Section 9, bear north along the east line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING; Thence bear South 89 °59'53" west to the intersection with the east. R/W line of J.S. Hwy 441, a distance of 351.67 feet; Thence hear north 00 °00'07" west along the said east R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear north 89 °59'53" east, through said Section 9 and 10, a distance of 800.00 feet; Thence bear south 00 °00'07" east to the south line of said Section 10, a distance of 321.60 feet; Thence bear south 89 °32'54" west along the said south line of Section 10, a distance of 390.00 feet; Thence bear North 00 °00'07" west a distance of 294.66 feet; Thence bear south 89 °59 °53" west to the said east line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Granting the rezoning will allow a nursing home to be built. According to rezoning ordinance 11402 we are required to notify all property owners within 500 feet of the property in question. Records show you to be the owner of the following: Lots 4, 5 & 6, Block 3, City of Okeechobee This is to advise you of a second and final hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Monday September 12, 1983. If you are unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -3372. Sincerely, %^ Bonnie S.Thomas, CMC City Clerk CITY OF OKEECHOBEE (TES' HAI.i. 55 S. E. THIRD AVENUE 813:763 -3372 oi3 763 -3667 OKEECHOBEE, FLORIDA :33472 Home of The Second Largest Fresh Water Lake in the United States June 10, 1983 RE: Hamrick & Sons, Inc. - Rezoning request from Commercial to CPO Request for Special Exception. Dear Hamrick & Sons, Inc. have filed a request for a rezoning with the Planning Board and a Special Exception with the Board of Adjust- ments and Appeals of the City of Okeechobee, Florida. granting of this rezoning and special exception request would allow a nursing home to be build and enable the sick and elderly to be near their homes on the following described property: A parcel of land lying in Section 9, and 10, Township 37 South, Range 35 East, Okeechobee County, Florida, Being more particularly described as follows: Commencing at the Southwest corner of said Section 9, bear North along the East line of said Section 9, a distance of 295.12 feet, for the POINT OF BEGINNING; Thence bear South 89- 59-53 West to the intersection with the East R/W line of U.S. Hwy 441, a distance of 351.67 feet; Thence bear North 00 -00 -07 West along the said East R/W line of U.S. Hwy 441, a distance of 30.00 feet; Thence bear North 89 -59 -53 East, through said Section 9, and 10, a distance of 800.00 feet; Thence bear South 00 -00 -07 East to the South line of said Section 10, a distance of 321.60 feet; Thence bear South 89 -32 -54 West along the said South line of Section 10, a distance of 390.00 feet; Thence bear North 00 -00 -07 West a distance of 294.66 feet; Thence bear South 89 -59 -53 West to the said East line of Section 9, a distance of 58.34 feet for the POINT OF BEGINNING. Our records show you to be the owner of the following: This is to advise you of a public hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Tuesday July 5, 1983. If you ate unable to attend and wish to discuss this matter, please feel free to call our office (813) 763 -7292. Sincerely, Beatrice Castorina Planning Board Secretary /nbc cur ) i TT CTIOBEF Muzaffar & Suraiya Husain 150 N.E. 13th St. Okeechobee, Fla. 33472 19P 3 811: Hamrick ,c Sons, Inc. - ]c 'on: recyJest from Co:Nmercia1 to CPO cluest fc)r Dear Mr. & Mrs Husain: Hamrick 5 Sons, Inc. ha.e filcd a 'qLc; :5t fof a rezoning with the Planning Board aLd a 0i)oc13.1 Excepti with the Beard of 1,e:just- ments and Appeals of the City of. C),:,:echot, Florida. uranting of this rezoninq and special ax eoTlion reque.3t would 3 3 nursing home to be build and enahltJ sick 2n.1 :21dr11 0 be near Lnoir homes on the fe'llowing describeJ 1.)-oporty: A parcel of land Iving in Sc :on 9, and 10, JS'ownship 37 South, Pane 35 East, Okeechobee County, Plorida, Bel:: more particularly described as follows: Cot.inencin at the Southwest corner of said Section 9, bear North along the East line of said Section 9, a distace of 295.12 feet, for the POINT 00 BEG1-AW11: Thence 12: u: South 69- 59-53 West to the intersection with th 117st R/W lino of U.S. Hwy 441, a distnce of 351.67 foot; Th,3nce bc2thr North 00-00-07 West along the said East 17/0 line of U.S Hwy 441, a distance of 30.00 feet; Thence hear North 89-59-53 East, through sai.d Section 9, and 10, a distancn of 800.00 feet; Thence bear South 00-00-07 East to the South 7ine of said Section 10, a distance of. 321.60 feet; Thence bear South 89-32-54 iVest along the said South line of Section 10, a distance of 390.00 feet; Thence bear North 00-00-07 Wet a distance of 224.66 feet; Thence hear South 89-59-53 West to the said East line or. Section 9, a distance of 38.34 feet for the 20)712 OF BEGINNTG. Our records show uou to be the owner of the following: Lots 1 - 8, Block 1, Citz3 of Okeechobee Lots 1 to 10 Inc., 15 to 18, 19,20,23 to 26 Inc. 21 522, Block 2, City of Okeechobee Lots 1 - 14, 19 & 20, B1ck 15, City of Okeechobee Lots 1 - 17, Block 16, City of Okeechobee This is to advise you of a public hearing on this mzitter to be held in the Council Chambers at City Tfall 7:0 P.M., Tuesday Jul y 5, 1983. If you ate unable tr.) attend all(' wish to discuss this matter, plea: o",1 Fro . call cur office (S13) 763-7292. Beatrice Cstorind Planniny c),:rd Secretary 11(■,%If' ITYC `‘ -T-;1 ' C 11 0 13 E 114- ) 1.1 HAIL tr: Nrv, VVylcr 1 7 i thc (in / tu 10, T?.••?: Josephine A Manley & JoyceA Morrison 248 Starling Dr. Okeechobee, Fla. 33472 RE: Hamrick & Sons, Inc. - Rezenin(j reucst from Commercial to CPO ?e,'Juest Lor Special Exception. Dee Sirs: Hamrick & Sons, inc. have flia requst: for a rezoning with the Planning 1:oar(,1 and a 1.p2cial Exction with the Board of /djust- ments and iu of the '11 21 ot 0.%chobee, Fl0ridj4. grantlny of this rezonl:%g and special excr.tion rqueLr would allow a nursing home to ho build and enable the sic and elderly to be near their homes on the Tellowing deorilJed proprty: A parce7 ot- land lying in Secticn 1, and 10, Township 37 South, Range 25 E,-:Jct, OP,a.2cchobe County, Florida, Being. ;pore particularly descried Commencing at the SouthwL,st corner of sa:id Section 9, bear North along the East line of said Section 9, a distan of 2)1.72 feet, for the POINT OF BEGINNING; Thence bear South 80- 10.0-53 West to the intersection with th Ea.!7t R/W line of U.S. Hw?; 441, a distance of 351.67 co 2; Thence Lear North 00-00-07 West along the said East R/W line of U.S. Hwy 441, 3 disL,Ance of 30.00 feet; Thence Lear North 89-79-53 faot, through said Se,otion 9, and 10, a distance of 800.00 feet; Thence bear Scut:5 00-00-07 Tjast tc the South line of said Section 10, a distance of 321.60 foet; Thence hear South 89-32-54 West ,-22ong the said South line of Section 10, a distance of 390.00 feet; Thence hoar North 00-00-07 West a distance of 294.66 Foot; Thence bear South 89-79-73 West to the said East line of Section 9, a distance of 58.34 feet for Lhe POINT 01 BEGINNING. Our records show you to Le the owner of the following: Lots 11 to 14, Block 2, City of Okeechobee This is to advise you of a public nearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Tuesday July 3, 1983. If you ate unable to attend and wish to discuss this matter, please feel free to call or.- office (813) 763-7292. Sincerely, L t*tie 4, 61, Beatrice Castorina Planning Board Secretary /nhc f Frank Ozga,Dorothy Kulick & Julie , 1.,83 John W. Jr. & Amelia Carry Knapp 10400 N.W. 3rd St. Plantation, Fla. 33317 � -11 1 H 0 3 E141 -4 7 1.1'/,' 1111' Unacd RE: Hamrick & Sons, Inc. - Reoninv roquest from Commercial to CPC PeLlet Special Exception. Dear Sirs: Hamrick. & Sons, Inc. have a request for a rezoning with the Planning Board and a Spocil Exception v.ith the Board of Adjust- ments and Appeals of the City ol Plorlda. granting of" this rezoninq ,z:nd special e,00ptio,I roquost: would allow a nursing home to be :build and ena2y1 e the sick ard eiderl to be near their. homes on the following deccrjbed A parcel of land lying. in Sc' 'r1 9, r.ind 23, '1'c1,,,nhip 37 South, Rane 35 East, Oko,..,choL County, Florida, Beir.q more particularly described as follows: Commencing at the Southwest corner of saH Section 9, hoar North along the East line of said Section 9, distanco of 295.12 feet, for the POINT OF BEGINNIWC; Thence bear South 89- 59-53 West to the intersection Ea.sL R/W line of U.S. Hwy 441, a disto:Ince of 351.62 feet; Thence hear North 00-00-07 West along the oid East R/W line of U.S. Hw!) 441, a distance o 30.00 foot; Thence boar North 89-59-53 Fast, through said Section 9, and 10, a distance of 800.00 foot; Thence hear South 00-00-07 East to the South line of said Section 10, a distance of 321.60 foot; Thence bear South 89-32-54 West along the said South line of Section 10, a distance of 390.00 foot; Thence bear North 00-00-07 West a distance of 294.66 feet; Thence bear South 89-59-53 West to the said East line of Section. 9, a distance of 58.34 feet for the POINT OF BEGINNINC. Our records show you to 1:o the owner ol the Id lowing: Lots 1,2,3, 7-16 Inc., Block 3, City of Okeechobee This is to advise you of a public hearing on this matter to be held in the Council Chambers at City Hall at 7:00 P.M., Tuesday July 5, 1983. If you ate unable to attend and wish to discuss this matter, please feel free to call our office (813) 763-7292. Sincerely, Beatrice Casterina Pr:inning Board Secretary /nbc I Sassafras Coal Co. 3527 Dixie Highwaty 1)ear Sirs: C -•1 lrrp1P 1 - T 7 -;4 . —4 -1 1 (*) P F ; ) 7 ,P? 111,' tho Planning hoar.,.-1 and a :;.;-;',.;ea-, ;-,e•e; • the BoJra AceTuet- ,:nents dud s1 the Citu J4:eee;7u.:, 1oo_(0, y[unttng 7 !!n n h 9, and 10, '1fiship 37 South, T 35 Edst, Ckeochsi:os Countq, i EL-Irj more p‘irtie'ulatly deacri.t--e! at. telf(;;;;;:: Coxia.hcing the SQuth;,,,cst et)rner ot said ,Ieecticn 9, hear alcny the East Line nail a (LeJtance ot 295.12 foot, for thc-? PCINT OT' 3SCiNalli':e"; Thence boar e:outh 8)- 59-53 l.;st to the Irtori;ecti;0s ;;;,-it the P:;t P/Y 2ine Of U.S. ilLvLi 441, a distance of 3±:1.67 neet; 0. t: bear N;)rth 00-00-07 .lest ao0g t1To U.S. ilwy 441, a distance of ;':0.00 feet; Thene IDe;.;.1z Nett:: 89-59-53 East, through sriiti 5-.::Lion J, and 10, 3 discs,lhee of t,,00.00 feet; Thence bear South 00 -;JO -07 East to 11,n;: Sout5 11fle of said Section 10, o distance ot 321.60 feof; Thence hear South 89-32-54 L'ent along the said South Lind of Section 10, a distance of 390.00 feet; Thence h;..:Jt. North 0;2-00-07 [Vest a distance of 2J4,06 fce`.; Thenoe hoJr South J5953 i;l'et t the sai;-.1 Eant lino of Se,.ition a distunce of 50.34 feet fol.- the POINT OF BEGIN;VINC. Our records sho gou to 10e the 00! :T of the tollowfng: Lots 4,5, & 6, Biock 3, City of Okeechobee This is to advise uou of a public hearing on this matter to be held in the Council Chambers a Citu Hall at 7:00 P.M., Tuesday 5, 1983. If you ate unable to attend and wish to discuss this matter, odease feel free to call our office (813) 763-7292. Sincerely, Beatrico Castorina Plannlr(i Parr] Secretaru /nbc Wright moved to adjourn. Seconded by member O'Connor. Meeting adjourned at 7:16 P.M. Darrell Ferneau Vice Chairman Planning Board City of Okeechobee ATTEST: 7 j Beatrice Castorina Planning Board City of Okeechobee THERE IS A TAPE OF THIS MEETING IN IT'S ENTIRETY IN THE CLERK'S OFFICE. REGULAR MEETING TUESDAY, JULY 5,1983 The Planning Board /Board of Adjustments and Appeals met in regular session on Tuesday, July 5, 1983, at 7:00 P.M., in the Council Room at City Hall in Okeechobee. Members present were: Jim Wright, Brenda O'Connor and Frank Altobello. Members James Kirk and Darrell Ferneau were absent. Others present were: Building and Zoning Administrator, Mallette Westbrook; City Attorney, David Conlon; and secretary Beatrice Castorina. BOARD OF ADJUSTMENTS AND APPEALS Member Altobello called the Board of Adjustments and Appeals into session. APPROVAL OF MINUTES There being no additions or corrections to the minutes, member Wright moved to accept the minutes of the June 7, 1983, meeting as presented. Seconded by member 0' Connor. Motion carried_ HAMRICK AND SONS - REQUEST FOR SPECIAL EXCEPTION Due to the absence of Mr. Hamrick, his request for special exception was postponed until he could be present to answer questions. BILL AND DIANE HUSTON - REQUEST FOR VARIANCE Bill and Diane Huston appeared before the board to request a variance on lots 4,5,6, 7,14,15,16, and 17, Block 9, Northwest Addition to Okeechobee, which would allow a Truck Parts and Repair Shop to be built next to the alley. Mr Huston stated his business is repairing semi - tractor and trailers and the additional room is needed to enable the vehicles to go through the building and around it. Attorney Conlon advised the board he handled the fore - closure proceedings on the property and he had an indirect conflick of interest, but it did not effect the variance. There were no abjections by the board members. 14 3332 REGULAR MEETING MONDAY, JULY 25, 1983 The City Council of the City of Okeechobee, Florida, rnet in regular session in Council Chambers, 55 Southeast Third Avenue, Okeechobee, Florida, at 7:00 P.M. Chairman /Mayor Edward W. Douglas called the meeting to order with the following members present: Edward w. Douglas, Chairman /Mayor Jim Knight, Vice Chairman Dowling Watford, Jr. Oakland Chapman Oscar Thomas Others present were: Bonnie S. Thomas, City Clerk Richard C. Fellows, City Administrator David M. Conlon, City Attorney L.C. Fortner, Jr., Director of Public Works James Broome, Consulting Engineer Larry Mobley, Police Chief L. Keith Tomey, Fire Chief J. Mallette Westbrook, Building Official Rosemary Lear, Executive Secretary Janice M. Mann, Deputy Clerk AGENDA ITEMS 8l1 & IIT - INVOCATION AND PLEDGE The Invocation was offered by Mayor Edward W. Douglas followed by the Pledge of Allegiance. 83-2 AGENDA LTEM #IV - APPROVAL OF MINUTES With no corrections, additions or deletions needed, Councilman Knight moved to approve the minutes of the June 20, 1983 Regular Meeting and the June 29, 1983, Special Meeting as presented, Seconded by Councilman Watford. Motion carried. AGENDA ITEM //V - REZONING REQUEST - 868310K 83 -67 8 3- 30 Chairman Douglas noted receipt of the request for rezoning a portion of the nursing home property at the north City Limits from Commercial to Commercial /Professional /offices (CPO). The Planning Board recommended the City Council grant the request. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIX A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMINI- STRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO. The floor was opened for discussion. Councilman Watford moved to set the Second and Final Hearing for September 12, 1983, (September 5th being Labor Day), Seconded by Councilman Thomas. Councilman Watford asked if the Special Exception, pertaining to this same request, was granted contingent on the rezoning being granted. Attorney Conlon advised that both requests were granted contingent on each other. No further discussion, the vote on the motion to set for P oblic Hearing carried. AGENDA ITEM flVI - FIRST READING - ORDINANCE ALLOWING QUALIFIED COUNTY ELECTORS, OWNING CITY PROPERTY, TO VOTE IN CITY ELECTIONS Chairman Douglas introduced an ordinance amending the Charter of the City of Okeechobee to allow owners of real property within the City limits who are qualified County electors to vote in City elections. The title was read as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING AMENDING ARTICLE III, SECTION 11 TO PROVIDE THAT PERSONS WHO ARE BONA FIDE OWNERS OF REAL. PROPERTY WITHIN THE LIMITS OF THE CITY OF OKEECHOBEE ARE ALSO QUALIFIED ELECTORS OF THE CITY OF OKEECHOBEE; PROVIDING AN EFFECTIVE DATE. The floor was opened for discussion. Councilman Knight, moved to set a Second and Final Hearing for August 15, 1983, Seconded by Councilman Watford. Councilman Watford asked if it will be limited to residents of Okeechobee County. Adrni- 1i_;trator Fellows suggested several alternatives which thy_ Council discussed. AGENDA CITY OF OKEECHOBEE COUNCIL CHAMBERS REGULAR MEETING SEPTEMBER 12, 1983 7:00 P.M. I. Call to Order II. Invocation - Councilman Jim Knight, Sr. III. Pledge of Allegiance - Mayor Edward Douglas IV. Approval of the minutes of the Budget Workshop meetings of July 26 and July 27, 1983, the minutes of the Special Meetings of July 27 and August 22, 1983, the minutes of the Regular meeting of August 15, 1983 and the minutes of the Administra- tive Hearing held on August 29, 1983. V. Public hearing on the tentative budget and tentative millage for the City of Okeechobee for the fiscal year commencing October 1, 1983 and ending September 30, 1984. (prior to the conclusion of the hearing the Council shall amend the tentative budget as it sees fit, adopt the amended tentative budget, re- compute its proposed millage rate, and publicly announce the percent, if any, by which the re- computed proposed millage rate exceeds the rolled -back rate.) VI. Action by the Council to approve the appointment of an alternate to Joe Baker on the Okeechobee Competency Board with the term expiring in 1986. VII. Receipt of a recommendation from the Okeechobee Planning and Zoning Board for the rezoning of property at the southwest corner of Parrott Avenue and Southwest llth Street from RSF to Commercial for the construction of a Captain D's Seafood Restaurant and setting a public hearing for Monday, October 17, 1983. VIII. Consideration of a request for an amendment to the Ordinance Code of the City of Okeechobee regarding the sale of alcoholic beverages to reduce the distance from the point of sale to the nearest church or school from 700 feet to 300 feet and setting a public hearing for Monday, October 3, 1983. IX. Action by the Council to appoint a member to the Planning and Zoning Board to fill the unexpired term of Mr. James Kirk who has resigned. The term of office expires March 31, 1984. X. Action by the City Council to accept, reject or modify the County Resolution developed in response to the city's Double Taxation claim for the fiscal year beginning October I, 1983. XI. Receipt of a letter from the Department of Transportation regarding the proposed railroad crossing at the extension of Southeast 10th Avenue and action by the Council to authorize an appropriate response. XII. Introduction and first reading of an Ordinance amending Ordinance 419 providing retirement benefits for general employees of the City of Okeechobee; said amend- ment increases the retirement benefits from 1.5% to 1.60 of average monthly earn- ings and setting of a public hearing for October 3, 1983. XIII. Introduction and first reading of an Ordinance amending Ordinance 419 providing retirement benefits to the general employees of the City of Okeechobee; said amend- ment would provide five year vesting instead of ten year vesting and setting of a public hearing for October 3, 1983. XIV. Public hearing on the amendment of the City of Okeechobee Comprehensive Plan; amend- ing the Housing Element to correct the designation of the census enumeration dis- tricts; providing a more comprehensive treatment of the Housing Element. Agenda for the meeting of September 12, 1983 XV. Public hearing and final reading of an Ordinance requesting the rezoning of a port of the proposed nursing home property at the north city limits from C to CPO. (Planning and Zoning Board recommends approval) XVI. Introduction and first reading of an Ordinance amending the Code of Ordinances of the City of Okeechobee; amending the Occupational License section of the City Code to provide that Locksmiths must be bonded and setting a public hearing for October 3, 1983. XVII. Public hearing on an Ordinance authorizing owners of real property withi the city limits of Okeechobee who reside within Okeechobee County and are qualifie electors, thereof, to vote in city elections. XVIII. Appointment by the City Council to the Greater Okeechobee Advisory Community Team Lula Worteren, Bubba Ervin, Daniel Johnson, Patricia Gilliam and Rev. Arthur McGil and setting a meeting of the group for Wednesday, September 14th in the City Counc Chambers at 8:00 P.M. XIV. Council action on a request for authority to advertise for bids for hospitalizatio insurance with the bids to be returnable November 7, 1983 and the coverage to become effective December 1, 1983. XV. Council action to approve new headgear of the City Police Department. XVI. Mayor to call on anyone in the audience wishing to address the Council. XVII. Mayor to call on City Clerk, City Attorney, City Administrator and City Councilmen for reports and /or requests. XVIII. Adjournment. 3354 83 -67 83 -78 83 -79 83 -17 it anyway they deem appropriate." For clarification, Councilman Watford noted that all the amendments were strictly recom- mendations, they did not change any policies or objectives. With no amendments noted, Councilman Watford moved that the resolution be adopted, seconded by Councilman Knight. Motion carried. AGENDA ITEM #XU - REZONING REQUEST - WILLIAMSON Chairman Douglas read for second and final hearing the title of an ordinance requesting the rezoning of a portion of the proposed nursing home property at the north city limits from Commercial to Commercial /Professional /Offices. The title is as follows: AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING APPENDIZ A BEING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF OKEECHOBEE WHICH ESTABLISHES ZONING REGULATIONS AND PROVIDES FOR THE ADMTNTS- TRATION, ENFORCEMENT AND AMENDMENT THEREOF; PROVIDING FOR A CHANGE IN THE CLASSIFICATION OF SPECIFIED LAND FROM COMMERCIAL TO CPO. Councilmen Knight and Thomas moved that the rezoning request be approved, seconded by Councilman Watford. Motion carried. AGENDA ITEM #XVI - FIRST READING - ORDINANCE PROVIDING LOCKSMITHS BE BONDED The Chairman introduced for first reading an ordinance amending the Occupational License section of the City Code to provide that locksmiths must be bonded. The title was read as follows: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF OKEECHOBEE, FLORIDA; AMENDING CHAPTER 10, ARTICLE I, SUB - PARAGRAPH (59) PROVIDING THE LOCKSMITHS MUST BE BONDED; PROVIDING AN EFFECTIVE DATE. Councilman Thomas moved that the ordinance be set for second and final hearing on October 3, 1983, seconded by Councilman Chapman. Motion carried. AGENDA ITEM 8XVIII - GREATER OKEECHOBEE ADVISORY COMMUNITY TEAM Chairman Douglas brought up for discussion of the recommended appointments to the Greater Okeechobee Advisory Community Team, and asked the City Administrator to explain briefly the need for such a committee. Fellows advised, "It is a requirement of the Small Cities Community Block Grant Program to set up a committee of people from the target area to provide input on the initial application. Last year the City filed for a Community Block Grant in the amount of Five hundred Thousand Dollars (8500,000.00), for housing rehabilitation and sewer collection system. The Council discussed the responsibilities and limitations of such a committee (recommended members Lula Worthen, Bubba Ervin, Daniel Johnson, Patricia Gilliam and Reverend. Arthur McGill). Councilman Chapman moved to accept the Greater Okeechobee Advisory Community Team (COACT), setting a meeting date of September 14, and limit the scope of their actions to one project, seconded by Councilman Watford. Motion carried. AGENDA ITEM tiXTX - REQUEST FOR BIDS - HOSPITALIZATION INSURANCE Chairman Douglas called for Council's action on a request for authority to advertise for bids for hospitalization insurance with thebids to be returnable November 7, 1983, and the 0 2 0 8 0 4 8 a • •n, 11!(111.1 I'0.1 WARRANTY DEED 6 g4z 256 rac:1J57 THIS WARRANTY DEED Made and executed the 5th day of Aug., 1983, by HAMRICX AND SONS, INC., a corporation existing under the laws of Florida, and having its principal place of business at Okeechobee, .Florida, hereinafter called the grantor, to OXEBCHO3EE HEALTH CARE FACILITY, LTD., a Florida limited partnership, whose poatoffice address is Post Office Drawer 668 • , Okeechobee, Florida 33472, hereinafter called the grantee:. titernec usa3 betdn the teats "gar( L ird ''cpintnan, incbrla all tie Forties to this it Hint crd the fairs, legal irctrextedsce anti eel of i n d i v i : 1 1s, and tln am sae asstgra of st ate) WITNESBETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these preaonta does 'grant, bargain, sell, alien, romiae, release, convey and confirm unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Beginning .at the Southeast corner of Section 9, Township '37 South, Range 35 Eaat and boar North along the East line of said•Section 9 a distance of 325 :12 feet to the South boundary of that property described in Official Records Book 207, page 177, public records of Okeechobee County, Florida; thence bear 8 89 059153° W along the South boundary.of said property dean • d in Official Records Book 207, page 177,' •i: e of 351.67 feet to a point on the East ri• t -o 1- ay line of S.R. •15 (Parrott Avenue); right -of- bear N 89 bear S 00° bear N 89 °59 ' bear 8 00 point on t e bear N 89 °52' Section 9 a die r 8 00 °00107" F. along said distance of 236.1f feet; thence distance of 1.00 foot; thence tance of 65.00 feet; thence ante of 20.00 feet; thence tance of-24.69 feet to a of said Section 9; thence the South .line of said 66 feet, more or lase, to the Point of Begin ALSO: Beginning at t u So Township 37 Sout , Ra 35 along the West line of aaid•8 325.12 feat to a_poi on t property described Of page -178; thence be boundary of said property r of Section 10, , and bear North 10 a distance of aundary of that rde Book 207, long the South described in Official Records Book 207, page 178, a distance of 448.33 feet to a point; thence bear 6 00 °00'07" B along the extension of the Eaat boundary of said property described in Offioial.Recorda Book 207, page 178, a distance of 321.60 feet to a po't on•the South line of said Section 10; thence bear S 89 °32'54" W a distance of 448.36 feet.to.the Point of Beginning. All lying and being in Section° 9 and 10, Township 37 South, Range 35 East. h-ri TE: oft L g _1� 1 m DOCUtaE11 TA icy 'F,`Lf- -- I.fPr.fr MLY1-11uC t 4 = rot. e. � j 3 0.0 01 ,r.. t -• _.. __1) • w • STAm i:lrr. Pr awi MR ty j T; 4 31_ • • " • ir"5616—N443 —' hf �` '•a• • ^56 h111958 •t. TOGETHER with all the tenements, hereditaments and appurtenances thereto - belonging or in anywise appertaining. TO UAVE AND TO HOLD, the same in fee simple forever. .AND the grantor hereby covenants with said grantee that it is lawfully seized of said land in•fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will"dbfend the same against the lawful claims•of all persons whomsoever, and that. said land is free of all encumbrances except for taxers levied and assessed subsequent to December ',31, 1982, and._ subject to thoae'certain easements recorded in Official Records Book 108, page•525, Official Records. Book 205, page 627, Official Records Book 234, page 751, Official Records Book 238, page 855, and Official Records Book 251, page 1531. IN WITNESS WHEREOF the grantor has caused these prosente ' to . be executed in • its name, and its corporate - seal . to be hezeuisto iaffixed, by its proper officers thereunto •'.,. a (thatized, the day and year first above :► u li,Acp' porate seal) • V, i A . Signed, sealed and 8 in 0 presence of a written. duly HAMRICK AND SONS, NC: By / President ii STATE OF OKEECHOBEE COUNTY OF FLORIDA I HERBY CERTIFY that "ort s day, efore me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared R. H. HAMRICK and J. H. HAMRICK well known to me to be thePreaident and Secretary respectively of the corporation named as -grantor in the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said .1 *--25£1-441F4A44 Ni 256 f1al.959 corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official .seal in the County and State last aforesaid this Sth day. of Aug.,.1903. • ei Notary Pu cv . o F or •a My Co— "FsiiWivisit:OZanwirs—' • mi casthakii tiAis kit 11.1954 .,:;ori".;.: ................... UMW MI ?NW fah ilmoore..1.1.. e.P.).;.:':!;‘•-•..•••••'/'..i, .;.%,,, • ›... t t.) \ • • , ...:;-_C!.; l...-Ir '''. •. • - :• .7•"•.: . ...1 •1 • -.• ..-.'' . u. . '061 I-• ; 171....,.` This Instrument prepared by: .."7."-:' :.•.: 9 •. TOM W. CONELY, III, ESQUIRE -.I." \'•%...':.--.11.:•':** CONELY S CONELY, P.A. ....:....%.1POI7.-.1,1". 207 N..W.. Second Street Okeechobee, Florida 33472 • • L 11160311031113 JO 701313 Ifs "S'.!..t39 4113 • t z- d3S Egg 'ii ,UUfl03 3300H333)10 01103311 U0.1 0311i 04'T1[f91 07:12 Tr941 487 9190 LifeSty ea bngt CITY CoUNCII1 t) . Cdwunl Duoslaa, Mayur Jna gultabt, Pr.. Yted Mayor COUNCIL MRS caktund ChapfIa4 Dnwltmt Wat(a d.Jr. Moray ar 'Ch 61nos CITY wfMWNIPTRATJON t. MLd1at• W.vtbrt...k .40 .1:. 76.3.721/7 etleltard C. FvtlaWs +71r A+1wu11x1rutur Min TO :1•JI III Windt. t'eaa+st City Clrrk 1114.711:1 -3a7d t.gudUa C. Vorttt.,. Jr. Hie. . 1 Puwte Wutka BI 1- 141.71144 Leirry Moblsr ::maul pollee ni3•7113•M■21. Krftb ?w".Y. U n -+lurt 91:1•71•1 434 CI' OF OKEECHOBEE ern* H.ua. 55 800rutAselltao AvISNVit OKEECUOK£8, i+[ OfltOA 334 ?3.2932 Hama of The Second Largest Fresh !titter Lake In the United States November 4, 1983 Barnett Bank of Palm Beach County 2001 Broadway Riviera Beach, Florida 3.3404 Dear Sirs, This to certify the parcel of land annexed into the City by Nr. Hamrick and Mr. W12liarissn hae been and °CP0" Commercial Professional Office Buildings, which allows by a Special Exception, a nursing home facility. If there are any questions regarding this matza: -, please feel tree to contact our office et' 313 -763 -7292. Sincerely ette Neathrook Building and Zoning Adminisl: cur. 1- 111 4 w O z p 6 J � a G] O w F- W O a. U, • 2 w 0 cc u. w O H 0 U 0 w z > o c E .5e c m c z c o ,� g' ` m i C m v fl w b z 4 C 3 0 (7 m g aJ w b O w O Q; • O J O °p J w ro O o c m } w m a a v ° E po 15 w tu O O a E c °' m ,z o • a- O�O o c E c co O . D tL J u. u. C7 0 w 3 b m O Q c 0 • 0 r- z C c 0 p $ u. 0 V d 0 - • t7 LI A CC O. 0 d E w m o t3 c§ CITY COUNCIL Or. Edward Douglas, Mayor Jim Knight, Sr., Vice Mayor COUNCIL MEMBERS Oakland Chaymaa nowlint•Wattord. Jr. Oscar Thomas • CITY ADMINISTRATION Landon C. Fortner, Jr. fhr..•f i`ubho Work! '413.71:3-7054 Larry Mobley Chief of Police 813-763-5521 L. Keith Tome,. 11 1-ire Chief 813- 763 -4423 J. MoIlette Westbrook Dir. of General Services R13. 763.7292 Richard C. Fellows City Administrator 813.763 -4116 Bonnie Thomas City Clerk. 813 :763 -3372 CITY OF OKEECHOBEE CITY HALL 55 SOUTHEAST THIRD AVENUE OKEECHOBEE, FLORIDA 33472 -2932 Nome of The Second Largest Fresh Water Lake to the United States November 2, 1983 To Whom It May Concern: Dear Sirs: Please be advised that the proposed Okeechobee Health Care Facility, located on North Parrott Ave., will be connected to the City's water and sewer systems. Please contact this office if you need any additional information. Your! % Truly C4 U Landon C. Fortner, Jr. wAnnANTY OCCD ,MOIVta. 10 tyanto S 9 ¶Ids $flarrantg Decd r►ralt.11.r r? 315 PACE 1'i�a� °o cone+ of 0°- any al S LL n L A. l). IV by OKEECHOBEE HEALTH CARE FACILITY, LTD., a Florida Limited Partnershi herelnaflrr called ate grantor. lo LIFESTYLES & HEALTHCARE, LTD., a Florida Limited Partnership u•Isuse ptslulfils• address is 2831 SW 3d Terrace, Okeechobee, FL 34974 hcrelnnller culled the grantee: �Mhhr;er t...i i :�e � t. :uu .oii.a •l "it.Jn twh. ,ice t�Le wreh.. w: J .,h �tolp`�u :iw. 1 Witnessed': 71m1 the grantor. for onrl in consideration of the mm of $ 10.00 and other valuable considerations. receipt whereof Is hereby arlrnnu•h•dffrd, hereby wow's, bottoms. tells. aliens. re. mtses, ndeases, conveys and confirm' 1•1110 the granter. all that certain land situate In Okeechobee Comely. Irlorlda. ads: The property is located at 1646 U.S. Highway 441 North in Okeechobee, Florida and is more fully described on Attachment A hereto. Subject, however, to the Mortgage and Security Agreement dated June 16, 1988 by and between Okeechobee Health Care Facility, Ltd. and Americ•• Pioneer Savings Bank as recorded in Official Records Book Page , Public Records of Okeechobee County, Flor Further subje Agreement dated Care Facility, recorded in Offi Records of Okeecho Together with all t e 1 �rysrA also appertaining. To Maya and to Mold, Mortgage Modification and Assumption , 1990, by and between Okeechobee Health American Pioneer Savings Bank as ds Book , Page , Public ty, Florida. amen!, and appontenancet thereto belonging or In any- simple forever. V1 and the grantor hereby caveman sat grantee That Iho grantor is lawfully seized of said land in fee simple; that the grantor has goad right and lawful authority fa sell and convoy said land: that the grantor hereby fully warrants the Title to said land and will defend the ramp against the lawful claims al all persons whomsoever; and that said land is boo of all encumbrances. except taxes accruing subsequent to December 31. 19 89 1h 1lliyitness 11tphereof, the sat_ grantor has signed and *mooted these presents the day and year first about) written. Signed. scaled and deliu'rrQdin our presence: rsc STATE OF COUNTY OF 1 IIEREDY CERTIFY that on this day, Wore me, an officer duly "ibthprited in the State afovesaid and in the County aforesaid to take • •atkruisrkdamenu, personally appeared EE 1.; 1 ''1iFACILITY, LTD. (t. ,) PRESID OKE:ECHO • to me ,bpowm to he the person drscrilted in and who executed the l2 i (vrl•tloi!il _liuuumcnt and haeruu•d the same. \VITNESS my hand and official seal in the County and State Ian •atwnaid this }C`I= day of Ott 1t C. , A. D. 19 9O acknowledged before me that �n..I 1lira Irainuurrl warn] /ty: : ddn v I3IARY y1J1.IC SIATI Cr rtealt)t If ColsISSIea 170. Ott It.joll Mt, 11,O0 ,Cttatt ITS. c.•t. " Gt .1EA..'LU..CI RE• TiACILI'Ey.,...IA taet •(tali PCS IICOIOtal UST • Th ° oubjocC proporCy La log Y otl doaoeibod as t'ollowa: lacx 3 15 .PCE 747 " gljyrnal,i� �37 south, mango Qegjnnjng at rho 6outhonoh-cornar of Sootio oG,aaldSao i3n 9 u'h, mango OS 325. ofd' t to tho.S along-the ;y oflttat property described in O.R... • 20 72P.ge 177, to liid Pacer oo o boundary County, Floridal'thonce boar • 207, page 177, pone the south o! nK of said proporty daaoribcd in O.R. • 207, Page W as dis c of 3516; cot to a .poth on tho East right . ot Palo o7o1 a dtt thence boar 0 00 °00'07 "• C along a of ht lino of a diatkane000e 2361,12 *teett thenco'baar N 59 °59153 " -C. -right ft ,toy " R a dlotence CC 65.00 . a diotonco o! 1.00 foot; ti,anco bear 600 °00'07 thenca boas teat, 'thence bear N 09.59153" E a diatoms of 20,00. 20,00 loot' thth lino r aald n the-South line of raid Bq tion 3 00.00'07" 0 a diatom) of 24,69 loot to a Section la 91 than boar'N ot, m :37 a along .9 a diotonco al 331,66 toot, morn or loos, to ti,o Po1Ith oC Dag ; 40.450t • • • -. Winning' 35 -Fault, :ot 325,12. 207, =' =dC said proper '•-abut to o poin vq ` f. :, F•aat boundary G 321,60 toot '-0432'SA °.W a gist a a r • • j ' 7 uthweet corner of Seation 101 Towner P' 7 South, ttnt,ga rth along l:ila Nosh lino ot said Beotl.on L0 yada distance iht on tin south boundary of thati props th,bosaribb �'thwnca boar H 09 °59'53 ". 0 aloe a :;6ou • 1.1413.11, 207 Page 178, a s sion o 48.33.. '00'011`:0 along tho oXton diotonco boar 3 00 , party described 111,0•R• 207, 'Pogo Y7anca boar g' on the south lino o! Saotion 101 tthenc 48.36 feet to tha Point oC Bc9 .1ying and na 9 and 10', To4ship 37 South, Nilgo 35,' ►sc, This legal dose 'r o•.' . udes the following: A parcel g 13t OkeechobeenCounty, Township 37 more South, Range 35 5 Easast, , particularly described as follows: M Bein at the Southeast the South line of said Section 9, a distance corner of said Section 9, bear S 89, ,ar 52', 43" along r— of 132.00 feet; 07" W, a distance of 325.39 feet; N Thence bear N 00; 00 , ;CU , 53" to the intersection with Thence bear N 89, e9 • 5e E' a distance of 132.01 feet; aforesaid East line of Section 9, Thence continue N 89, 59', 53" E, a distance of 448.33 feet; Thence bear S 00; 00', 07" E to the intersection with the South line of said Section 10, a distance of 321.60 feet; Thence bear 89; 32', 54" W along said South line of Section 1 ion 10, , a a distance of 448.36 feet LhetSautheastecorner corner of said Section 10, also being of said Section 9 and the POINT OF BEGINNING. Containing 4.313 acres, more or less. TOGETHER WITH all rights arising out of the Reciprocal Easement Agreement recorded in Official Records FBook id258, Page 756, Public Records of Okeechobee County, 1 1 akr ,tpv SoatooaglnlYSttps paid Intho amount of ,/ n X X`1 , ,�l',i A /lf JAL } Ike! ClrcullCOen date SPECIAI. W EEO AND RESERVATION OF EASEMENT THIS SPECIAL WARRANTY delivered. thls _ day of April, limited partnership ('Grantor'), a ID #/$":".0/21924 )(`Grantee), whose p Florida 34974; RESERVATION OF EASEMENT Is made, executed and een LIFESTYLES & HEALTHCARE, LTD., a Florida •R• ABLE, INC., a Florida corporation (Federal Tax address is 2831 SW 3rd Terrace, Okeechobee, WHEREAS, Grantor has data i1 d t . •..• . Grantee that certain real property located In Okeechobee, Okeechobee County F • s ore particularly described herein In Exhibit 'A' attached hereto (the 'Land'); and WHEREAS, Grantee desires to retain and reserve an easement over a portion of the Land, which portion is more particularly described herein In Exhibit 'D' and Is referred to herein as the Easement Premises; and WHEREAS, the easement granted hereby, which will burden and encumber the Easement Premises, will be for the use and benefit of certain real property adjacent to the Land which Is now owned by the Grantor (which real property Is described herein in Exhibit 'B' and may be referred to herein as the Benefltted Land); and WHEREAS, the Land is subject to that certain Mortgage and Security Agreement dated January 23, 1991, from Grantor to Big Lake National Bank (the °Bankl, recorded In Official Records Book 320, page 953, as modified by Mortgage and Note Modification Agreement dated December 24, 1992, recorded In Official Records Book 340, page 1950, as modified by Notice and Rocelpt of Future Advance dated April 7, 1995, recorded In Otflcial Records Book 365, page 1371, as modified by Mortgage Modiflcallon /Extension Agreement dated April 6, 1995, and recorded In Official Records Book 365, page 1372, all recorded In the public records of Okeechobee County, Florida (collectively, all such Instruments referenced In this WHEREAS clause may be referred to herein as the 'Mortgage'); WHEREAS, Grantor has requested Bank to subordinate the lien and priority of the Mortgage to the easement reserved and retained herein by Grantor as to the Easement Premises; MID \cREE[H02.0tE eNUT3 90 PAGED 4 6 7 r tw t 1 1 NOW THEREFORE, for and in consideration of the sum of Ten and No /100 Dollars ($10.00), to It In hand paid by the sald Grantee, the receipt and sufficiency of which are hereby acknowledged, the Grantor has granted, bargained and sold and does hereby grant, bargain and see to the said Grantee, its heirs, tagal representatives, auccessora and assigns forever, the following described land (the 'Land'), situate, lying and being In the County of Okeechobee, State of Florida: See Exhibit A• attached hereto and by this reference made a part hereof. together with ail tenements, heredltaments and appurtenances of Grantor belonging or In any wise appertaining to the land (collectively, the 'Property'), subject to the following permitted encumbrances (the 'Permitted Encumbrances 1. Real estate 1 e for (1a` current year and subsequent years; 2. Easements, coven ions, restrictions and reservations of record; 3. The easement res: : a • : alned by Grantor pursuant to this Special Warranty Deed and Reservation • J:: e• ':nt; 4. Matters which a rrprtt>¢tirvm✓or .•refui Inspection of the Land any Improvements thereon would revert 5. Laws, codes, rules and over the Property. governmental authority having jurisdiction To have and to hold the Property In fee simple forever. Except as set forth In the Permitted Encumbrances, the said Grantor does hereby fully warrant the title to said Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor, but against none other. The Okeechobee County Property Appraiser's Tax Parcel No. of the Land Is /--3 7 -35 o' o -oe /o -Quo. PROVIDED HOWEVER, that the Grantor does hereby reserve and retain, for the benefit of certain real property owned by Grantor more particularly described in Exhibit 'B' (the 'Elongated Land'), an easement (the 'easement" or'Easemenr) for the purposes, and subject to the terms and. conditions, set forth In Exhibit 'C" attached hereto and by this reference made a part hereof. The Easement shall cover and encumber the real property described in Exhibit 'O' attached hereto and by this reference made a part hereof (the 'Easement Premises "). The Grantee Is executing this Special Warranty Deed and Reservation of Easement for the purpose of acknowtedging and agreeing that Its right, title and Interest In and to the Property Is subject to the terms and conditions of the Easement. H10\0[EECH02.DEE 9'r -2- 8x0390 PPGE0468 0 • t 1 1 1. • 4 IN WITNESS WHEREOF, the said Grantor has caused this Inetnrment to be executed In tts name by its duty authorized general partner the day and year first above written. Signed, sealed and delivered In the presence of: Print Name: LIFESTYLES & HEALTHCARE, LTD., a Made Limited partnership By: Seniors 'R' Able, Inc., Its sole general partner 8y: n% �. Yhnia / Name: F A. Havattock lls: President Address: 2831 SW 3rd Terrace Okeechobee, FL 34974 ORS 'R' ABLE, INC., a Florida corporation Tint Name: J r!� Print Name :5444 Kitmaetch NJO\OXE a O2.OEE e A. Havertock resident Address: 2831 SW 3rd Terrace Okeechobee, FL 34974 -3- 2J0390 110469 4 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing Instrument was acknowledged before ma this day of April, 1997, by Faye A. Haverlock, the President of Seniors 'R' Able, Inc., a Florida rporatlon which is the sole general partner of Lifestyles & Healthcare, gd., a Florida !invited partnership, on behalf of the limited partnership. She (check one)( Is personally known to me or ( ) has produced as Identification. tY Name: /� 1 My Commission Expires: My Commission Number la: STATE OF FLORIDA COUNTY OF OKEECH08EE The foregoing Instrument was ore me this j. day of April, 1997, by Faye A. Havertock, the President of San , n , a Florida corporation, on behalf of the corporation. She (check one)( L4-ls personally known to me or ( ) has produced as Identification. Name: ra/v7- Public, Stale of Florida My Commission Expires: My Commission Number Is: -4 - 0390 PAt104 70 1 • - -lam •piq FJ(HILfT 'A' MI thut certain real proporty described In dead recorded In Official Records ©colt 315, pogo 746, of tho public records of Okeechobee County, Florida, Is and except therofrom tho following: A parcel of land lying in Sections 9 and 10, Township 37 South. Range 35 East, Okeechobee County, Piorida, being more particularly described as follows; Begin at the Southeast corner ofwnid Suction 9, bear South 09° 52' 13" Went along the South line of said Secticn 9,clldistance of 132.00 feet; Thence bear North 00' 00' 07 2._1Jr rt- :;- distance of 325.39 feet; :hence bear North 69' 59' 53" 8'arft toy t1e intersection with aforesaid East line of Section 9, a distance of 132.01.feet; :hence continue North 09' 59' S3" Eastr' 'distance of 448.33 feet; Thence bear South 00' 00' 07' Ea;1t t ,the "reran^- ^n with the South line of said Section 10, a distance of 321.60 fect; ,-. Thence bear South 99' 32' 54' Went &lbrg s3,EeSouth line of Scction 10, ,a distance of 440.30 feet to the Southwest cornei of said Section 10, also being she Southeast corner of said Section 9 and the point of beginning. Together with all rights arising out of the Reciprocal Easement Agreement recorded in Official Records Boo;_ 209, page 756, public records of Okeechobee County. Florida. ')f739Q PCE0 47j 1 EXHIBIT'S' A parcel of land lying in Sections 9 and 10, Township 37 South, Range 35 Beat. Okeechobee County, Florida, being more particularly described as follow°; Begin at the Southeast corner of said Saccion 9, bear South 89° 52. 43° West along the South line of said Section 9, a distance of 132.00 feet: Thence bear North 00° 00' 07° a distance of 325.39 feet; Thence bear North 89° 49' 5 Baa o the intersection with aforesaid Beat line of Section 9, a distance of 13 Thence continua North 89° S9' 5 �1',�a distance of 448.33 feet/ Thence bear South 00° 00' 07° Bas Section L0, a distance of 321.600 E i ntersection with the South Line of eaid Thence bear South 89° 32' 54' We a'1 i ai• ouch line of Seccion 10, a distance of 448.36 feet co the Southwest corner of Section 10, also being the Southeast corner of said Section 9 and the po of „ i ng. Together with all rights arising out 0 Che Reciprocal Basement Agreement recorded in Official Records Book 258, page 756, public records of Okeechobee County, Florida. —6— NO390 P (0472 EXHIBIT 'C' The terms and condlUons which ahall govern the Easement are as follows: 1. RESERVATION OF EASEMENT. The Grantor hereby reserves unto and retains for the use and benefit of itself and all future owners of the Bana lted Land, a perpetual, nonexclusive easement for the purpose and with the right, privilege and authority to said Grantor, Its legal representatives, heirs, successors and assigns, to construct, operate, lay, maintain, Improve and /or repair, either above or below the surface of the ground, facilities and associated equipment for Ingress, egress, access, and for parking; and for utilities or all kinds, Including water distribution, together with appurtenant above ground valves, hydrants, meters and fittings, and sewer collection and Iran • ts, together with appurtenant above ground valves, hydrants, meters and fittings for ' ble television and appurtenant wires, cables and related improvements, and for any r typ .f utility; and for drainage. 2. USE AND LIMITA Easement Premises by Grantor o uses of the Benofitted Land, the p transportation. The Grantee may use incompatible with the easement r s 8 I USE OF EASEMENT PREMISES. The use of the of the Benefitted Land Is not confined to the present gs thereon, or present means of utilities or ent Premises for any use which Is not fined hereby. 3. CONSTRUCTION O gM ON EASEMENT PREMISES. There is presently located within the Easement Praml s oadway, various parking areas, and certain utilities. Grantor may construct, and th after 1Ily alter, such Improvements as are reasonably necessary to enable Grante e the Easement Premises for the purposes set forth herein. All of the Improvements which are presently Located within the Easement Premises, and all Improvements which may hereafter by constructed, altered or modified within the Easement Premises, may be referred to herein as the 'Improvements'. Grantor shall be responsible to, at Its sole cost and expense, obtain and comply with any and all permits, licenses or other governmental requirements and approvals needed for the use of the Easement Premises and /or the construction or modifications of any Improvements. 4. RECIPROCAL EASEMENT AGREEMENT. A portion of the Easement Premises Is subject to the dghts and privileges set forth In that certain Reciprocal Easement Agreement ('REAL dated November 8. 1983, between Hospital Corporation of America ('HCA') and Okeechobee Health Care Facility, Ltd. (*OHC'). Both Grantor and Grantee are the successors In Interest of OHC and have all of the rights, privileges and obligations of OHC and the OHC property referred to and created by the REA. 5. MAINTENANCE. Grantor shall keep and maintain the Easement Area and the Improvements at all times In a clean and safe condition at Its sole cost and expense. 6. GRANTOR'S OBLIGATION TO COMPLY WITLI ALL LAWS ANA REGULATIONS. The Grantor shall comply with all governmental or quasl- govemmental laws, ordinances, rules, regulations of every kind pertaining to the Easement Premises or to the use and occupancy thereof, Including without limitation, any such law, ordinance, rule or regulation regarding or relating to environmental protection, pollution. sanitation or safety. The Grantor will not commit or - 7 - 310390 Pd6E0473 suffer any waste of the Easement Premises and will not use or permit any use of the Easement Premises to be used for any illegal purpose or In any such way as to constitute a public nuisance or In any way so as to violate or breach any law, rule, regulation or ordinance to which the Easement Premises are subject. 7, GRANTOR'S RIGHT TO ENCUMBER THE EASEMENT PREMISES. The Grantor may encumber Its easement rights reserved and created hereby In and to the Easement Premises with one or more mortgages, provided that the Grantee shall have no obligation to subject Its fee title Interest in the Land to any such mortgage Ilen. 8. ADDITIONS TO DOMINANT TENEMENT. Said easement Is also appurtenant to any land that may hereafter c. rill•��and remain under common ownership with the Benefitted Land and that Is contiguous o e B_Ii fitted Land. An area physically separated from the Benefitted Land but having • =as 1 ' eto by means of public ways or private easements, rights. or licenses Is deemed to be •''•T• the Benefitted Land, The parties agree Land as a result of any such addl Increased the burden on the Easement standing any Increase In the area of the Benefitted tor shall not be deemed to have unreasonably 9. DIM 0 OF DO,,. u • =il . If the Benefitted Land, together with any additions thereto pursuant to the p '.vast ''p: . aph 8 Hereof, Is hereafter divided Into two or more parts by separation of ownership or by le a 1 of the Beneftted Land shall enjoy the benefit of the easement hereby resew = • =.nd 10. RUNNiNG OF BENEFITS AND BURDENS. All provisions of the easement reserve and retained hereby, Including the benotile and burdens, run with the land and are binding upon and Inure to the heirs, successors and assigns of the parties hereto. 11. CONSTRUCTION. The rule of strict construction does not apply to this reservation of easement. This reservation of easement shall be given a reasonable construction so that the intention of the parties to confer a commercially usable right of enjoyment in favor of the Grantor and the Benetttted Land Is carried out. • 12. NO THIRD PARTY BENEFICiARIES. This easement Is reserved only for the benefit of the Unstilted Land, together with any additions thereto resulting from the operation of paragraph 8 hereof, and Is not Intended' for the use or benefit of any other real property. 13. NO MODIFICATION WITHOUT THE CONSENT OF OWNERS. MORTGAGEES AND OTHER UENHOLDERS. The terms and conditions which govern this Easement may not be amended or modified except by a written instrument which Is agreed to and executed by the persons or entitles which are then) the owners of, or holders of any mortgage or other Ilan which encumbers any portion of, the Land or the Benefitted Land. -8- $ 0 3 9 0 REAM M 1 EXHIBIT '0' Legal description of the real propeity which is covered by the Easement reserved by Grantor. Doecrfptlon A non-exclusive easement, for In�1N� agrft‘and public utility purposes, lying in Section 9. Township 37 South, Range 35 East. ech bps County, Florida. Being more particularly described as follows: Commence at the southeast comer of see boundary lino of Section 9, a distan . thence S 89 °62'43' W along the South Thence N 00 °00'07' W. a distance oi-i 1 , tie .. the Point of Beginning; Thence continuo N 00 °00'07" W, a dials of 4ot; Thonco S 89 °59'63" W, a distance of 219.68 foot to o paint on the East lino of the U.S. Hwy. #441 - S.R. 1116 Right-of-Way (R/W)(100 foot wide): Thence S 00 °00'07' E along said East R/W fine, a distance of 45.00 foot; Thonco N 09 °69'63" E, a distance of 27.40 foot; Thence N 83 °62'67' E, a distance of 140.80 feat; Thence N 89 °58'63' E, a distance of 1.70 feet; Thence S 00 °27'37" E along a line that measures parallel with and approximately 0.60 foot West of the northerly extension of and the existing edge of an asphalt parking area, a dlatance of 61.97 foot; Thence S 22 °06'59" E, containing Wong said lino that measure parallel with and approximately 0.60 feet Worst of the existing edge of an asphalt parking area, a distance of 135.40 foot to the Pont of Beglnning. -9- liA0310 P100475 CONSENT AND SUBORDINATION Big Lake National Bank, the owner and holder of the Mortgage and all Indebtedness secured thereby, hereby consents and agrees that the Hen and the priority of the Mortgage as a Ilan and encumbrance as to and against the Property is hereby made, subject, subordinate and Inferior to (I) the•easemeni resented In the foregoing Special Warranty Deed and Reservation or Easement, and (II) any mortgage or other Tien or security Interest granted by Grantor or any subsequent holder of said easement, as said any said mortgage, flan or security Interest may be amended or modified from time to time. Big Lake National Bank, by this Consent and Subordination, also agrees and consents to the transfer of the Property by Lifestyles & Healthcare, Ltd. to Seniors 'R" Alba, Inc., and that this Consent and Subordination is the consent to transfer required by paragraph 20 of lh• • . • age. Big Lake National Bank agrees that this Consent and Subordination is attached to •n' s, • this reference, made a part of this Special Warranty Deed and Reservation of Easernen , d 1 :. all terms uaed in the said Special Warranty Deed and Reservation of Easement eh: , :me meaning In this Consent and Subordination as In the Special Warranty Deed and R. a L • ,IL • M of Easement. IN WITNESSEREOF, t delivered this /. ay of April, 19* nd Subordination has been executed and Signed, seated and delivered In the presence of: : d.AXE NATIONAL BANK ame: B74GC'n/ la41411N _MULL g �P Name: Pent 13. fie/ tj 294388 j e,4S ocs ' k M le , s-1JC- pe. `took '15/ 1 01C 0,6 , Cl 3+ -473 1 1. .Ni •• Name: Its: Jot fr /Mr Address: I IIOR PAICR077- RV r Okeechobee, Flortde - 1 0 - FILED FOR RECORD O1(EEC1iOBEE CO. R. 97 APR IS PH 1 100 SHARON ROBERTSON CLERK OF CIRCUIT COURT NO3 90 PMGE0476