1120 Annexation #10 5.01ac NE section111111111111111111 111111111111111111111
FILE t 2015004875 OR BK 760 PG 922 DATE: 05/20/2015 02 :07 :17 11
SHARON ROBERTSON CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA
RECORDING FEES $35.50 RECORDED BY S Creech P95 928 - 931; (4 ass)
ORDINANCE NO. 1120
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, ANNEXING
BY VOLUNTARY PETITION TWO PARCELS OF LAND TOTALING
APPROXIMATELY 5.01± ACRES OF UNINCORPORATED OKEECHOBEE
COUNTY INTO THE CITY OF OKEECHOBEE, WHICH PARCELS ARE
LOCATED EAST OF STATE ROAD 15 (US HIGHWAY 441) AND WEST OF
TAYLOR CREEK AT 1650 US HIGHWAY 441 NORTH AND NORTHEAST
19TH DRIVE (PIN NO. 1- 10- 37- 35 -0A00- 00001 -B000 AND NO. 1-10-37-35 -
0A00- 00001- C000), AS MORE PARTICULARLY DESCRIBED HEREIN,
AND WHICH IS CONTIGUOUS TO THE CITY OF OKEECHOBEE,
REDEFINING THE BOUNDARY LINES OF THE CITY OF OKEECHOBEE,
FLORIDA, TO INCLUDE SAID PARCELS; DIRECTING THE CITY CLERK
TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE
CLERK OF CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY,
FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee, Florida, has received a Petition
for Voluntary Annexation, executed by Faye A. Haveriock of OHCF Properties, LLC,
as the owner of two parcels of land presently within unincorporated Okeechobee
County and hereinafter described, and that said real property is to be annexed into
the City of Okeechobee, Florida, pursuant to the provisions of Florida Statutes
171.044; and
WHEREAS, the property described herein which is the subject of this annexation
ordinance is contiguous to the City of Okeechobee, is reasonably compact and its
annexation would not create an enclave; and
WHEREAS, it is the opinion of the city Council that is in the best interest of the City that
said real property be annexed into the City.
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
SECTION 1: The City Council of the City of Okeechobee, Florida, hereby annexes
pursuant to a Voluntary Annexation Petition and in compliance with Section
171.044, Florida Statutes, two parcels of land legally described herein, all of
which was situated in the unincorporated area of Okeechobee County, is
contiguous to the City of Okeechobee, is reasonably compact and does not
create an enclave.
Subject property consists of approximately 2.04± acres and described as the
"East Parcel," being located east of State Road 15 (US Highway 441 North),
west of Taylor Creek, and being in Section 10, Township 37 South, Range
35 East, Okeechobee County, Florida, more particularly described in "Exhibit
A," attached hereto and made a part hereof by reference; together with
approximately 2.97± acres and described as the "North Parcel," being
located east of State Road 15 (US Highway 441 North), west of Taylor Creek
and being in Section 10, Township 37 South, Range 35 East, Okeechobee
County, Florida, more particularly described in "Exhibit A," attached hereto
and made a part hereof by reference. A map depicting the subject property
being annexed is attached hereto and incorporated herein by reference as
"Exhibit B."
Ordinance No. 1120 - Page 1 of 4
SECTION 2: The City Council hereby finds that the written petition for voluntary
annexation filed with the City bears the signature of all owner(s) of the real
property to be annexed into the City of Okeechobee, Florida, and that all
requirements of Chapter 171, Florida Statutes regarding such annexation
have been met.
SECTION 3: The City Clerk shall:
SECTION 4:
SECTION 5:
Cause this ordinance to be recorded in the official records of Okeechobee
County, Florida;
Within seven (7) days after the adoption of this ordinance, file a copy of this
ordinance with the Clerk of the Circuit Court and Chief Administrative Officer
of Okeechobee County, Florida, and with the Department of State.
Upon adoption of this ordinance, cause Section 4 of Article I of the Charter
of the City of Okeechobee, Florida, and all maps depicting the boundary
limits of the City to be revised in accordance with the aforesaid annexation
Conflicts. That all laws or ordinances in conflict with any provision of this
ordinance are hereby repealed to the extent of such conflict.
Severability. That should any section, paragraph, sentence, clause, phrase,
word, definition, or any other item contained in this is for any reason held by
the Court to be unconstitutional, inoperative, void or otherwise invalid, the
balance shall remain in effect and such holding shall not affect the remainder
of this ordinance.
SECTION 6: Effective Date. That this ordinance shall become effective immediately upon
its passage.
INTRODUCED at a Public Hearing for First Reading and set for F ublic Hearing on
this 17th day of March, 2015.
ATTEST:
1.
Lane Gamiotea, CMC, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearin
2015.
ATTEST:
Lane amiotea
REVIE
John R. Cook, City Attorney
ED FOR LEGA
SUFFICIENCY:
Ordinance No. 1120 - Page 2 of 4
James. E. Kirk, Mayor
day of May,
James E. Kirk, Mayor
Ordinance No. 1120
ORDINANCE NO. 1120 EXHIBIT A
LEGAL DESCRIPTION
EAST PARCEL (1 of 2):
A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH
89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF
THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE
PUBLIC! RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE
SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT
OF BEGINNING.
THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00'07" WEST ALONG THE EAST LINE OF SAID
PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH
89 °59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A
POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB
49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH
31 °40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01
FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF
11 °32'39 "; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID
WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE
INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST
LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °32'54" WEST ALONG SAID SOUTH LINE OF
SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF
APPROXIMATELY 2.04 ACRES; TOGETHER WITH
NORTH PARCEL (2 OF 2):
A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH
89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF
THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE
SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746;
THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00 °00' 07" WEST, A DISTANCE OF 321.60 FEET
TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE
SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER
OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUE NORTH 00 °00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS
DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET;
THENCE DEPARTING SAID EAST LINE, RUN NORTH 89 °59'53" EAST, PERPENDICULAR TO THE
PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR
CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA;
THENCE RUN SOUTH 31 °40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT,
A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED
IN ORB 524, PAGE 180;
THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 °59' 53"
WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF
374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES.
Ordinance No. 1120 - Page 3 of 4
ORDINANCE NO. 1120 EXHIBIT B
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Ordinance No. 1120 - Page 4 of 4
AMENDMENT TO PRE - ANNEXATION AGREEMENT
WHEREAS, the City Council for the City of Okeechobee, Florida, approved a Pre - Annexation Agreement for
annexing certain real property within the unincorporated area of Okeechobee County, Florida, with
applicant/petitioner, OHCF Properties, LLC, at a duly advertised Public Hearing held March 17, 2015; and
WHEREAS, once approved, the petitioner retained services of an engineering /surveying firm to perform a boundary
survey of the property to be annexed, which survey revealed that the two parcels comprised of a total of 5.01
acres, with the North Parcel actually being 2.97 acres, and the East Parcel actually being 2.04 acres; and
WHEREAS, the Pre - Annexation Agreement approved by the City incorrectly designated the North Parcel as
consisting of 2.960 acres, and the East Parcel as consisting of 1.250 acres; however, the legal descriptions
for the two parcels in Exhibit "A" attached to the Pre - Annexation Agreement did in fact set forth the correct
meets and bounds legal description; as the description was correct and only the acreage misstated, all that is
necessary is for the parties to approve an amendment to the original Pre - Annexation Agreement at a duly
advertised Public Hearing.
NOW, THEREFORE, the City of Okeechobee, Florida, hereby approves this amendment to the Pre - Annexation
Agreement as follows:
THAT, the correct acreage of the parcels to be annexed into the City of Okeechobee is as follows:
North Parcel: 2.97 acres
East Parcel: 2.04 acres
THAT, in all other respects, the Pre- Annexation Agreement agreed to by the parties on March 17, 2015, is
ratified in its entirety, incorporated herein by reference, and each agreement binding on the parties.
Page 1 of 2
IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT as of the day and year written above.
FOR CITY OF OKEECHOBEE, FLORIDA
Lane Gamiotea, C, CITY Clerk
PREPARED BY AND REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, CITY Attorney
FO THE OWNER, OHCF PROPERTIES, LLC
Print Name `.J P"-k `- 1:
ame
State of Florida
Okeechobee County
James E. Kirk, Mayor
By:
Fay A. Haverlock, Manager
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, the foregoing instrument was acknowledge before me by FAYE A. HAVERLOCK, as Manager of OHCF
Properties, LLC, who is personally known to me or who has prouued as identification. WITNESS my
hand and official seal in the County and State last aforesaid this / day of )jpr'1 / , ,z2/S.
Typed, printed or stamped name
Commission Expires
Notary Public:
HOLLY M. EVERET,T
Notary Public , $t.ti of ftorida,
My Comm.. Expires Apr 1. 201 t
Commission M EE' S7 5 4
,, ,i ,,,,,, Bonded Through National Near/ Assn.
Page 2 of 2
PRE - ANNEXATION AGREEMENT
This Pre - Annexation Agreement ( "AGREEMENT ") considered at a duly advertised Public Hearing before the
City Council of the City of Okeechobee, Florida, is made and entered in this 17th day of March, 2015 between and
among the CITY OF OKEECHOBEE, FLORIDA, a municipal corporation ( "CITY "), and OHCF Properties, LLC, a
Florida limited liability company ("OWNER").
WITNESSETH:
WHEREAS, OWNER owns two adjacent parcels of real property which are located to the east and to the north of the
CITY limits, identified as the "East Parcel," and the "North Parcel" (collectively the `PROPERTY "), legally
described on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the East and North Parcels are within the unincorporated area of Okeechobee County, Florida
( "COUNTY "), but adjacent and contiguous to the limits of the CITY. OWNER has notified the CITY of its
intention to develop the East Parcel for the expansion of the existing nursing home /assisted living facility
located on the adjacent parcel to the west owned by Lifestyles & Healthcare, Ltd., (the "Health Care Facility
Parcel "); and
WHEREAS, the East and North Parcels have a COUNTY Future Land Use designation of Urban Residential Mixed
Use, the East Parcel has a COUNTY Zoning of Neighborhood Commercial -2 (NC -2), and the North Parcel
has a COUNTY Zoning of Agricultural (AG); and
WHEREAS, OWNER has filed a Petition for Voluntary Annexation with the CITY to annex the PROPERTY, and the
CITY desires to annex the PROPERTY into its municipal boundaries and will promptly initiate the process
required by law to enact an ordinance adopting a Petition for Voluntary Annexation of the PROPERTY into
the CITY, pursuant to Section 171.044(2), Florida Statutes ( "ANNEXATION "); and
WHEREAS, the PROPERTY proposed to be annexed adjoins properties to the west located within the municipal
boundaries of the CITY, one being the Health Care Facility Parcel, with the attached parking lot, owned by
Seniors "R" Able, Inc. (the "Parking Lot Parcel "); which ownership interests are intertwined with the
ownership interests of OWNER; and;
Page 1 of 7
WHEREAS, Seniors "R" Able, Inc. has notified the CITY of its intention to develop the Parking Lot Parcel into a
parking lot, which has a zoning of Commercial Professional Office (CPO) with a Special Exception, and
Future Land Use of Commercial, and is located adjacent to the west of the Health Care Facility Parcel, which
has an existing nursing home /assisted living facility with a zoning of Heavy Commercial (CHV) with a Special
Exception and Future Land Use of Commercial; and
WHEREAS, in order to construct the appropriate parking lot on the Parking Lot Parcel, a rezoning will be required
from CPO to CHV on the Parking Lot Parcel and said application is currently pending; and
WHEREAS, in order to avoid having to obtain two (2) separate approvals from the CITY and the COUNTY, OWNER
desires the CITY to annex the PROPERTY into its municipal boundaries in a single ordinance; the CITY has
made certain conditional representations to OWNER regarding the approval of the Zoning and Future Land
Use on the PROPERTY to be annexed, all as more fully described herein; and
WHEREAS, the CITY has reviewed certain preliminary plans and specifications related to the construction of
additional and related facilities on the Parking Lot and East Parcels, which will require submission to the
CITY's Technical Review Committee for final approval; and
WHEREAS, the CITY is willing to enter into this AGREEMENT pursuant to the authority of the Florida Constitution
(including Article VIII, Section 2(b) and (c) thereof), the general powers conferred upon municipalities by
statute and otherwise (including Chapter 166, Florida Statutes), and the CITY'S Charter.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. The foregoing recitations are true and correct and are incorporated herein by reference. Any exhibits to
this AGREEMENT are hereby deemed a part hereof.
2. OWNER represents and warrants to the CITY that OWNER is the sole owner of all legal and equitable
interest in the PROPERTY consisting of two parcels of land legally described herein, and identified as
the "East Parcel" consisting of approximately 1.250± acres and being located east of State Road 15 (US
Highway 441 North), west of Taylor Creek, and being in Section 10, Township 37 South, Range 35 East,
Page 2 of 7
Okeechobee County, Florida, more particularly described in "Exhibit A," attached hereto and made a part
hereof by reference; together with approximately 2.960± acres and described as the "North Parcel,"
being located east of State Road 15 (US Highway 441 North), west of Taylor Creek and being in Section
10, Township 37 South, Range 35 East, Okeechobee County, Florida, more particularly described in
"Exhibit A," attached hereto and made a part hereof by reference, to be annexed, and agree to support
and cooperate with CITY'S efforts to annex the PROPERTY into the CITY in accordance with the
provisions hereof and subject hereto.
3. The CITY, despite the representations herein, must proceed with public hearings and approval of
ordinances to complete the annexation, and nothing in this agreement shall be construed by OWNER, its
successors or assigns, to constitute a binding agreement, vested interest or contract by the CITY to
approve requested annexation, Future Land Use classification, Rezoning, and Special Exception. By the
same token, OWNER shall not be bound by actions of the CITY pertaining to the land use, rezoning,
special exception, and Technical Review process, if final approval by the CITY to annex the PROPERTY
does not take place on May 19, 2015, in which event this AGREEMENT shall have no force and effect
and the ANNEXATION shall not occur. The parties agree the Annexation is expressly contingent upon
the concurrent approval of the requested Future Land Use, Rezoning and Special Exception
applications. Excepted from this provision is the re- zoning of the Parking Lot Parcel (Parcel Identification
No. 2- 09- 37- 35 -0A00- 00010- A000), of Seniors "R" Able, Inc., which the CITY is pursuing and which will
be required to be completed regardless of any provision to the contrary herein.
4. The CITY agrees that the use of the PROPERTY for nursing home /assisted living facility, is an
appropriate use of the PROPERTY, in that the Health Care Facility Parcel, adjacent to and contiguous
with the East Parcel and presently within the limits of the CITY, is zoned Heavy Commercial (CHV) and
designated as Commercial on the Future Land Use Map. The East Parcel, upon which additional
commercial construction and use is contemplated, is presently within unincorporated COUNTY, and is
zoned Neighborhood Commercial -2 (NC -2) on the COUNTY Zoning Map and Urban Residential Mixed
Use on the COUNTY Future Land Use Map. Further, although the North Parcel is also to be annexed,
which is zoned Agricultural (AG) on the COUNTY Zoning Map and Urban Residential Mixed Use on the
COUNTY Future Land Use Map, no improvements are planned at this point in time, and this parcel, once
annexed, will also be designated with the same commercial land use and zoning classification as the
East Parcel.
Page 3 of 7
5. Upon ANNEXATION of the PROPERTY, the CITY shall, as expeditiously as possible, amend the CITY'S
Comprehensive Plan Future Land Use Map to include the PROPERTY as Commercial and shall rezone
the PROPERTY as Heavy Commercial (CHV), with a special exception for nursing home / assisted living
facility, which shall permit improvements contemplated by OWNER.
6. The CITY agrees that immediately following the approval of this AGREEMENT by the City Council, the
CITY shall concurrently and expeditiously process and review all plans and permits in accordance with
the requirements of Chapter 90 of the Code of Ordinances, Land Development Regulations, including
Appendices, as necessary for the approval of the site plan, signage plan and issuance of a building
permit for the development of the proposed improvements.
7. The CITY shall cooperate fully with OWNER in obtaining any and all permits, inspections, and approvals
for the improvements, including, but not limited to, prompt issuance of the building permit, timely
inspections, and the prompt issuance of certificates of completion and occupancy for the improvements.
8. This AGREEMENT shall constitute a Petition for ANNEXATION into the CITY subject to the terms and
conditions of this AGREEMENT. Upon execution of this AGREEMENT by the parties hereto, the CITY
shall immediately commence all actions necessary to fulfill its obligations hereunder and acknowledges
that time is of the essence. Upon completion of the procedural steps and public hearings necessary, and
action by the appropriate citizen boards and City Council, for approval of the site plan by the Technical
Review Committee, the signage plan, future land use, zoning classification and special exception, the
CITY shall promptly annex by ordinance, pursuant to the requirements of Section 171.044(2), Florida
Statutes, the PROPERTY into its municipal boundaries. Upon annexation, the CITY shall, upon
submission of necessary plans and documents, immediately issue the building permit to commence
construction of the improvements.
9. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings
among the parties hereto, and supersedes all prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written, except as herein contained.
10. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter,
singular or plural, as the identity of the party or parties, personal representatives, successors or assigns
may require.
Page4of7
11. CITY acknowledges that OWNER is relying upon CITY'S representations as to its authority to enter into
and perform its obligations under this AGREEMENT, and that the CITY has complied with all procedural
and substantive conditions precedent to doing so.
12. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of this
AGREEMENT.
13. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall together constitute one and the same instrument.
14. This AGREEMENT shall be construed in accordance with the laws of the State of Florida, and any
proceeding arising between the parties in any manner pertaining to this AGREEMENT shall, to the extent
permitted by law, be held in Okeechobee County, Florida.
15. The obligations imposed pursuant to this AGREEMENT shall run with and bind the PROPERTY as
covenants running with the PROPERTY and this AGREEMENT shall be binding upon and enforceable
by and against the parties hereto, their personal representatives, heirs, successors, grantees and
assigns, and a copy of this AGREEMENT, at the option of OWNER, may be recorded amongst the
Public Records of Okeechobee County, Florida.
16. CITY agrees that, pursuant to the terms and conditions contained herein, OWNER shall have vested
rights for the construction the improvements upon written notice or formal action of the City Council of
the ANNEXATION, and its approval of the site plan, signage plan, future land use, zoning classification,
and its intent to issue a building permit for the improvements.
IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT as of the day and year written above.
FOR CITY OF OKEECHOBEE, FLORIDA
Lane amiotea, CM , CITY Clerk
Page 5 of 7
James E. Kirk, Mayor
PREPARED BY AND R VI E J OR LEGAL SUFFICIENCY:
John R. Cook, CITY Attorney
FOR THE OWNER, OHCF PROPERTIES, LLC
Print Name
C_'hery/ zr okr
'/
� 4-
Print N. meWT'/ry 4—i/P1`
State of Florida
Okeechobee County
By:
A. Haverlock, anager
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to
take acknowledgements, the foregoing instrument was acknowledge before me by FAYE A. HAVERLOCK, as Manager of OHCF
Properties, LLC, who is personally known to me or who has pro9lwed as identification. WITNESS my
hand and official seal in the County and State last aforesaid this /l — day of f7l1.?L/,- , d0/57
4()elf
Typed, printed or stamped name
Commission Expires
Notary Public:
'' Y 6'''., HOLLY M. EVERETT
4' \ Notary Public - State of Florida=
1
• • _ My Comm,. Expires Apr 7, 2017
• 4.$ Commission # EE $73524
••' ��° �� ��� Bonded Through National Notary Assn.
Page 6 of 7
PETITION FOR ANNEXATION
COMES NOW, OHCF PROPERTIES, LLC, a Florida limited liability company, pursuant
to §171.044, Florida Statutes, and petitions the City of Okeechobee for annexation and would
show as follows:
1. THAT the above entity is the owner of the following described real property which lies in
an unincorporated area of Okeechobee County and contiguous to the City of Okeechobee:
PARCEL 1
A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST,
OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED
NORTH 89 °32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING
THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
(ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA,
A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND
DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING.
THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00'07" WEST ALONG THE
EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE
OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE
DEPARTING SAID EAST LINE, RUN NORTH 89° 59'53" EAST, PERPENDICULAR TO THE
PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF
THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF
THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31°
40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF
289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID
CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND
A CENTRAL ANGLE OF 11° 32'39 "; THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK
PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH
THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE
OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89° 32'54" WEST ALONG SAID SOUTH
LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING.
PARCEL 2
A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST,
OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED
NORTH 89° 32' 54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING
THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK
(ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA,
00335323 -1
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A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS
DESCRIBED IN ORB 315, PAGE 746;
THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF
321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315,
PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219,
PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524,
PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO
BEING THE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE CONTINUE NORTH 00° 00' 07" WEST, RUNNING ALONG THE EAST LINE OF
SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET;
THENCE DEPARTING SAID EAST LINE, RUN NORTH 89° 59' 53" EAST, PERPENDICULAR
TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST
LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49,
PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA;
THENCE RUN SOUTH 31° 40' 29" WEST ALONG SAID WEST LINE OF THE PERMANENT
EASEMENT, A DISTANCE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE
AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180;
THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN
SOUTH 89° 59' 53" WEST ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB
524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING.
2. THAT the above described real property is reasonably compact and annexation will not
result in the creation of any enclave.
3. THAT the undersigned petitions the City Council of the City of Okeechobee to adopt a
non - emergency Ordinance to annex said property and redefine the boundary lines of the City of
Okeechobee to include the above described property. It is further petitioned that said
Ordinance be advertised as provided in §171.044(2), Florida Statutes.
IN WITNESS WHEREOF, the undersigned has set its hand and seal thistlay of February, 2015.
OHCF PROPERTIES, LLC, a Florida limited
liability company
, /e
Witness
00335323 -1
By: -, 0 7%?�2�� �
Fay A. Haverlock
Its: Manager
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