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2016-04-21I. CALL TO ORDER — Chairperson. The April 21, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, APRIL 21, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 Page 1 of 2 II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca - Present Building Official Jeffrey Newell - Present Police Chief Denny Davis - Present Fire Chief Herb Smith — Present Public Works Director David Allen - Absent (Public Works Operations Supervisor Robertson in attendance) Non - Voting Ex- Officio Members: City Attorney John R. Cook - Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held March 17, 2016, seconded by Chief Davis. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Application No. 16- 001 -AC, to abandon a portion of the 20 -foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. Planning Staff Report: Planner Brisson explained the applicants, Mr. Charles Paschal and Mr. Frank DeCarlo, are proposing to vacate a 20 -foot wide by 370 -feet alleyway. Within Block 49, Lots 1 to 3 and 24 to 26 are vacant. Warehouses are on Lots 4 to 7 with paved parking and driveways. Lots 20 to 23 contain a portion of the parking and driveway area. The buildings are nonconforming with respect to the required rear setback. The portion of the alley being requested to be abandoned appears to be used as part of vehicular circulation around the two warehouses. TRC - April 21, 2016 - Page 2 of 2 V. NEW BUSINESS CONTINUED. Abandonment of Right -of -Way Application No. 16- 001 -AC continued. Planning Staffs responses to the required findings are the abandonment is consistent with the City's Comprehensive Plan. The property is designated Industrial on the Future Land Use Map and will be used for purposes consistent with the Industrial Future Land Use Category. The alley right -of -way is not the sole access to the property as all properties abutting the alley right -of -way have access from Northeast 9th Street. The public benefits associated with the abandonment are, the alley property will be subject to ad valorem taxation and with the elimination of the nonconformity, it is possible the taxable value of the overall tract of land on which the industrial use is located may increase. No location of any utility would be jeopardized by the proposed vacation. Planner Brisson is recommending approval based on these findings. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: No issues were received. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. Chairperson Montes De Oca asked Committee Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site. There were none. Motion and second offered by Building Official Newell and Public Works Supervisor Robertson to recommend approval without conditions of Abandonment of Right -of -Way Application No. 16- 001 -AC, to the Planning Board, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Motion carried unanimously. VI. ADJOURNMENT— Chairperson. There being no further items on the agenda, Chairperson Montes De Oca adjourned the Technical Review Committee meeting at 10:03 a.m. PLEASE TAKE NOTICE AND BE ADVISED that any person desiring to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Service's media are for the sole purpose of backup for official records of the Department. Marcos- Montes De chairperson ATTEST: PattyM. Burnette, Secretary CITY OF OKEECHOBEE APRIL 21, 2016 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: April 21, 2016 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Present Absent Administrator Montes De Oca Building Official Newell Chief Davis Chief Smith Engineer 0R. a-hp‘asNal_pe,1 V 1 Public Works Director Allen' ✓ NAY ABSTAIN ABSENT r/ Position vacant at this time Davie e4 Non - Voting Ex- Officio Member: Attorney Cook County Health Department McCoy OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette -- L 'l fi5bk_, Montes De Oca ✓ ark d nieetinciLocc Newell ■7 III. AGENDA — Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. o f adratd A. Motion to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the March 17, 2016, regular meeting. j� ` eupe < < moved to dispense with the reading and approve th Summary of Technical Review Committee Minutes for the March 17, 2016, regular meeting; seconded by / f ,- VOTE YEA NAY ABSTAIN ABSENT Allen Davie e4 -- L 'l fi5bk_, Montes De Oca Newell V Smith APPROVED DENIED V. NEW BUSINESS - Chairperson. A. Site Plan Review Application No. 16- 001 -AC, abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida - Senior Planner. 1. Hear from Planning Staff. CO& Se CI iOn �( , 3 3 ebm rYi1 cup 14) vai • 2 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -AC continued. 3 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -AC continued. 2. Hear from City Staff. no oomma/1k 4 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -TRC continued. 3. Hear from Property Owner or Designee /Agent — Steven Dobbs /Jennifer Williamson. �o Oon ilt5 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -TRC continued. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. i1 U Cory) i i-i 5. Disclosure of Ex -Parte Communications by the Committee. 6. a) Consideration of a motion to approve or deny the application with /without contingencies. Motion and a second offered by e k>P t i and h rs%'r to recommend pprov I /denial to the Planning Board for application 16- 001 -AC, to abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, with the following conditions: fl IL b) Committee discussion. 6 V. NEW BUSINESS - continued. A. Site Plan Review Application No. 16- 001 -TRC continued. c) Vote on motion. VOTE YEA NAY ABSTAIN ABSENT Allen Davis Z t1 E r-f �j4, (1 Montes De Oca -49\ 'Newell Smith APPROVED 1:34ENIED VI. ADJOURNMENT — Chairperson. 17) There being no further items on the agenda, Chairperson Meeting at a.m. 7 adjourned the Technical Review Committee CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA APRIL 21, 2016 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER APRIL 21, 2016, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: Non - Voting Ex- Officio Member: David Alien, Public Works Director Denny Davis, Police Chief Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Herb Smith, Fire Chief Bill Brisson, Senior Planner, LaRue Planning and Management John Cook, City Attorney John Hayford, Okeechobee Utility Authority Doug McCoy, Okeechobee County Health Department School Representative Patty Bumette, Secretary III. AGENDA - Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of March 17, 2016. V. NEW BUSINESS — Chairperson. A. Site Plan Review Application No. 16- 001 -AC, abandon a portion of the 20 foot wide alley, running East and West between Lots 1 to 7 and 20 to 26 of Block 49, City of Okeechobee, Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. - Senior Planner. 1. Hear from Planning Staff. 2. Hear from City Staff. 3. Hear from Property Owner or Designee /Agent — Steven Dobbs /Jennifer Williamson. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consideration of a motion to recommend to the Planning Board to approve or deny the application with /without contingencies. b) Committee discussion, c) Vote on motion. 1 VI. ADJOURNMENT — Chairperson. Per Resolution No, 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made: disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document. picture, video or items to the Board in support or opposition to any item on the Agenda: a copy of the document. picture. video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding. contact the General Services Department, no later than two business days prior to the proceeding, 863 -763 -3372. 2 PAGE 1 ABANDONMENT OF RIGHT -OF -WAY PETITION CITY OF OKEECHOBEE General Services Department 55 Southeast 3rd Street Okeechobee, Florida 34974 863 - 763 -3372 X 218 Fax: 863 - 763 -1686 PETITION NO. I CG - Cn '-HC� Application fee (non - refundable) $600.00 Note: (Resolution No. 98 -11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the r established fee, or when a professional consultant is hired to advise the city on the >`- application, the applicant shall pay the actual % costs. 1\e ("_ Date Fee Paid: c< 1- `n Receipt No: i ? l TRC Meeting: Publication Date: =! /15 Letters Mailed: NA PB /BOA Meeting: r- Publication Dates: 5�!r _ -) Letters Mailed: `1'-t (I! I City Council 1ST Readin tY g ` CMR Letter E mailed: City Council Public Hearing: -7_ , Publication Date: .., / I H_ Right -of -way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right -of -way. Legal Description of the Right -of -Way to be Abandoned: A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Note: Upon abandonment of a right -of -way in the City of Okeechobee or First Addition of City of Okeechobee Subdivision's, there may be a Fee Simple Interest from the Hamrick Trust. For more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974, 863 - 763 -3154. Purpose of the Right -of -Way Abandonment: This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. PAGE 2 PETITION NO. 1(o-001- PC Required Attachments x Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. 5 Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) x Site Plan of property after abandonment. (No larger than 11x 17) Survey Utility Companies Authorization Form. (See attached) x Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Frank DeCarlo 0 /a9 /6 re Printed Name Date Charles H. Paschal Signature Printed Name Date Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e -mail address: CPaschal@central.com Owner(s) daytime phone(s): 772- 370 -5218 Fax: Required Attachments x Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. 5 Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) x Site Plan of property after abandonment. (No larger than 11x 17) Survey Utility Companies Authorization Form. (See attached) x Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Frank DeCarlo 0 /a9 /6 re Printed Name Date Charles H. Paschal Signature Printed Name Date PAGE 2 PETITION NO. I L -DD 4 Name of property owner(s): Charles H. Paschal and Frank DeCarlo Owner(s) mailing address: 500 Coker Road East, Fort Pierce, FL 34945 Owner(s) e-mail address: CPaschal @central . com Owner(s) daytime phone(s): 772 -370 -5218 Fax: Required Attachments X Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS X Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. X List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Survey X Utility Companies Authorization Form. (See attached) X Supplementary supporting information: Copy of recorded Plat of the Subdivision where right -of -way exists no larger than 11x17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE: If there are other property owners that are contiguous to the subject right -of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right -of -way abandonment (See attached sample letter) Confirmation of Information Accuracy I hereby certify that the information contained in and /or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Signature Frank DeCarlo Printed Name Date Charles H. Paschal DC-1* to , AWLS' LS' Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1. Proposed vacation is consistent with the Comprehensive Plan: This block is non - conforming due to the railroad right -of -way to the south, which have taken the southern portion of the south parcels in this block. The historic T alley as in the block to the north has been abandoned on the parcel to the immediate west of this parcel. With the abandonment to the west, this left a dead end alley on the parcel in question. This abandonment will not create any non - conformities and will correct an existing non - conformity on the northern parcels in this portion of the block where the existing buildings encroach into the City Alley. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: This Alley is not an access to any parcel. The road right -of -way to the east where this alley ends is not developed, so this parcel does not provide access to any adjacent parcel. 3. Proposed vacation is in the public interest and provides a benefit to the City: There is probably not discernable public interest served by abandoning this alley, however, this alley that realistically serves no purpose would be added back to the City's tax rolls, which is in the City's interest and benefit. 4. Proposed vacation would not jeopardize the location of any utility. There are currently no utilities located in this alley and with the abandonment of the western portion of this alley, access to utilities has been severed from any potential connection to utilities in the future. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and att ch Sunbiz.com information) Signature of Property Owner Signature of Property Owner Frank DeCarlo Charles H. Paschal Printed Name Printed Name STATE OF Florida COUNTY OF The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) (Notary Public signature) Commission No. (Name of Notary typed, printed or stamped) STATE OF Florida COUNTY OF ditCrQ% The foregoing instrument was acknowledged before me this LIP D c fober 15 (date) b Y Charles H. Paschal who is personally known to me or who produced identification and who did (did not) take oath. Commission No. FF1 Li $79(0 (Seal) JAMIE CHRISTEN GORE NOTARY PUBLIC STATE OF FLORIDA Commit FF148896 Expires 8/7/2018 FL DI ry Public as ure) d,m i oL`hrisfc,+‘iG�ore. (Name of Notary typed, printed or amped) ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I /We, Charles H. Paschal and Frank DeCarlo (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: City of Okeechobee Lots 1 -7 and North 40' of Lots 20 -26, Block 49 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) S gnature of Property Owner Signature of Property Owner Frank DeCarlo Printed Name STATE OF Florida COUNTY OF � 1 t 1 AO _ Charles H. Paschal Printed Name The foregoing instrument was acknowledged before me this (date) by Frank DeCarlo who is personally known to mfr who produced as identification and who did (did not) take oath. (Seal) LORY A EDWARDS MY COMMISSION #FF015618 EXPIRES May 7, 2017 F l o ri d a N o t a ry S e ry i c e. c o m ry Public signature) Commission No. /1 /aP /K /SOP- ii drc4 (Name of Notary typed, printed or stamped) a ae� 3hinl.d For lewy.rs' Title Guaranty Fund, Odonde, Florida. • aL iL altLy Debt (STATUTORY F01A— SEEIION 411.07 FS.) '194 ;:589 This lnstrvwent was pripar.d -by, ROBERT MeK, FOSTER 400 s P.3 Wey TALJ9 BEA fLOBIDA S74Bg Whir; 3nbrntlm, • Mode this . of January! Ig 77 , 7rtwrra' mAX L. S711711, Trustee under an vireooxed 'first Agreensit Pursuant to.Sectien 669.071 Florida Statutes and deed recorded in Official Record Boric 160, Page 863, Public Records,- County, Florida. , of the County of QIO'CQI<:BFS , State of • • FLORIDA , grantor', and JAMES B. RIGHT and CHAR= A. PASOEAL whom post office oddness Is of the County of OKEECHOBEE , State of FtDEEDA , grantee`. 3111itnreiirth, That said grantor, for and in consideration of the sum of $10.00 TM 'MD NO/100 dollars, and -othin goad and valuable considerations to said grantor In hand paid by said grant.., IM receipt wh.r.al is Iwreby •ckrwelldged7ms gland. , bargained and told to the said ranth, and ,grant..'+ heirs and onions forever, the following . descri d- bnQrsitcLat. iy,tq and being in .Coonb', Florida, lo•'eitr c, a t,a Cc, Q n • • G K I — c.a U .. 4 ° . /Ann 1 thzu 7 inclusive, and the North 4O feet of (nit co co iota 20 thrti 26; inclusive, Blndc 49, MCI OF OKEECHOBEE, CI 14.1 •-J_ "" i Ing according to the Plat thereof recorded in Plat Book .1, 4. W a V y Page 10 of the public remrds of Okeechobee Canty,. Florida. O - 7 .r�1 ^ c'.; 'DT I I t uOCUM1N1ARY. „STAMP CO uE'rt.ortidvuut - :a I•' o = Mc N� FLORrOA i 1 gill jI35.301g • and said grantor does Mhby fully warrant the ltd. to said land, and will defend the same against Ilse lawful Halms of all persons whomsoever. . "Grantor" and "grantee" ore used for singular or plural, as contest requires. . 3n Witness Whereeratdd, Grantor has b.hvnto so grantor's hand and seal the day and year first abate wrft.n. Sigge sealed and deli • in our presence, mta.+ as �frvronafrl . (Soon (soon (Sean (son STATE OF FTOI COUNTY OF q 1. HEREBY CERTIFY that on this day Wore me, an officer duly qualified to take ocknowl.dgm.nts, personally appeared MAX L. SMrlR.'Trustee as aforesaid , a m. known to be the person desaib.d In and who executed the foregoing instrument and acknowledged before nu shot M executed IM some. . . • WITNESS, my bond and official tool in 1M County and Soh last ofoneso L January' 'My, cb,nmistion •pins, .Notary Public V =hir MORSR*FI1RR:SUIT ornate°. a too =...:,,`, MY cOosnsica otos OCT. 711993 C 1101011) teal caws ea. 6 exewsu $ 3 � 104 in 5E9 INDEXED & VERIFIED DIRECT • Instrument Prepared By and Return to: Law Office of CASSELS & McCALL Post Office Box 968 Okeechobee, Florida 34973 (863) 763-3131 File No: 2176 Parcel No: '' IIIilIIVIIIIIIIIIIIIIIIIIIII !III11IIIIl1UhIII IIIIIII FILE NUII 2007004094 OR Bt; 00626 PG 0474 SHARON ROBERTSON' CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY' FL RECORDED 03/19/2007 04:33 :49 Ph RECORDING FEES 18.50 DEED DOC 350.00 RECORDED BY h Pinon F'ss 0474 - 475; t2pas) (Recording Information Above) 3- 15- 37 -35- 0010- 00490 -0010 3- 15- 37 -35- 0010- 00490 -0070 f04 3- 15- 37 -35- 0010- 00490 -0020 ; 3- 15- 37 -35- 0010 -007 titneetAIM DEED — gOZ: THIS QUIT CLAIM DEED executed this day of December, 2006, by MARIAH LEA KIGHT, first party, to FRANK DeCARLO whose post office address is: 405 Southwest Second Street, Okeechobee, Florida 34974; second party. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE, State of Florida, to wit: ALL OF LOTS 1 THROUGH 7 AND THE NORTH 40 FEET OF LOTS 20 THROUGH 26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SUBJECT TO restrictions, reservations and easements of record, if any. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF THE GRANTOR. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the resence of: . Rri,ak ) MAEA KIGHT Printed Name of Witness (21 76- 70767. W PD) Book626 /Page474 CFN #2007004094 Page 1 of 2 \enn Cr�o Printed Name of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The fore oing instrument was acknowledged before me this day y of December, 2006, by MARIAH LEA KI HT who is personally known to me, or 0 who has produced as identification. i NOT A Y PUB LIC l iffilerlq vC�7" 1 Print6d Name otiIitness -My Commission Expires: NOTARY PUB! IC -STATE OF FLORIDA Kilnberly Bush Commission # DD564181 ,,, Expires: JULY 31, 2010 IT IS HEREBY CERTIFIED THAT WE HAV e'VHFA 1b r°TilIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO. WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE, ACCURACY OF DESCRIPTION OR QUANTITY OF LAND DESCRIBED AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. [2176 - 70767. WPDI Book626 /Page475 CFN #2007004094 Page 2 of 2 Prepared By and Return to John D. Cassels, Jr., Esq. Cassels & McCall P.O. Box 968 Okeechobee, Florida 34973 Parcel ID Number: Vij./ viou IIIININl Ili1�1NINi >�BgININII�NIIINI�IHlllll FILE NUM 2010010612 OR BK 00692 PG 0096 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 10/05 /2010 03:58:06 PM AMT 10.00 RECORDING FEES $18.50 DEED DOC $0.70 RECORDED BY R Parrish Pss 0096 - 97; (2Pss) PERSONAL REPRESENTATIVE'S DEED day of September, 2010, THIS PERSONAL REPRESENTATIVE'S DEED executed this by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, first party to FRANK DECARLO, a single man, whose post office address is 405 SW 2 "d Street, Okeechobee, Florida 34974, second party all of the right title, and interest in and to the real property located in OKEECHOBEE County, Florida. (Wherever used herein, the terms "first party" and "second party" shall include singular and plural, heirs, legal representatives and assigns of individuals and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the said first party, for and in consideration of the sum of $10.00 in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE State of Florida, to wit: AN UNDIVIDED ONE -HALF INTEREST IN ALL OF LOTS 1 -7, AND THE NORTH 40 FEET OF LOTS 20 -26, INCLUSIVE, IN BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: COPY OF PLAT RECORDED IN PLAT BOOK 1, PAGE 10, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) Being all of the estate's interest in said real property. This property is commercial and does not constitute the homestead of the first party. Subject to covenants, restrictions, easements of record and taxes for the current year, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. [4437 - 85306. WPD] Book692 /Page96 CFN #2010010612 Page 1 of 2 Personal Representative's Deed Estate of James B. Kight to Frank Decarlo TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in any wise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, either in law or equity, to the only proper use, benefit and behalf of the said second party forever. IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first above written. Signed, Sealed and Delivered in the presence of: W Printed name of Wi..ess STATE OF FLORIDA COUNTY OF OKEECHOBEE CARLO, as Personal Rep sent. we of the Estate of JAMES B. KIG- deceased. The foregoing instrument was acknowledged before me this /4 day of September, 10, by FRANK DECARLO, as Personal Representative of the Estate of JAMES B. KIGHT, deceased, who is personally known to me or ❑ who has produced as identifica on. fAlla,1 a ,4 of Nota c L� LV' a h Printe yped/Stamped Name of Notary My commission expires: VIRGINIA S. W000 MY COMMISSION t EE 000928 EXPIRES: August 14, 2014 Banded Tlwu Notary Public UndeiwrItsts Scrivener's Note: This instrument was prepared from information provided to us by one or more of the parties hereto. We do not guarantee ownership, marketability of title, accuracy of the legal description or quantity of land described as we did not examine the title to the property involved. [4437- 85306.WPD] Page 2 of 2 Book692 /Page97 CFN #2010010612 Page 2 of 2 ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee The undersigned, FLO -GAS CORPORATION, owns the following property: Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida; and does hereby consent by its execution below, to the closing of the alley and /or described as follows: A portion of the 20 foot wide alley, running East and West through Block 49, City of Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Said portion being bounded as follows: Bounded on the North by the South line of Lots 1 -7 of said Block 49; Bounded on the South by the North line of Lots 20 -26, of said Block 49; Bounded on the East by a line running from the Northeast corner of Lot 26 to the Southeast corner of Lot 1 of said Block 49; and Bounded on the West by a line running from the Northwest corner of Lot 20 to the Southwest corner of Lot 7 of said Block 49. Containing 0.17 acres more or less. FLO -GAS CORPORATION, a Florida corporation By: Print Name. JEFF- vl E)1 LP - As its: 7iks,o�� STATE OF FLORIDA COUNTY OF PALM BEACH street The forgoing ins ment waa,�s ac owledged before me this 3 " day of March, 2016, by �e et , as ?c ,` Je.44.1- of FLO -GAS CORPORATION, who is personally known to me or who produced PL &, ve1`s Licecs -c. as identification and who did (did not) take an oath. (Seal) ♦ 1PRY " ,,,,,,,,,,,,, ., !S, A a DONNA MCRANNOLDS Notary Public - State of Florida •= Commission # FF 239752 My Comm. Expires Jun 27, 2019 °' %° ,, Bonded through National Notary Assn. 608452946.1 otary Public signature) Commission No.: G, - c:1,7 / y cisz (Notary name typed, printed or stamped) This instrument prepared by and return to: Brandon E. Kepple, Esq. BAKER & HOSTETLER LLP SunTrust Center, Suite 2300 200 South Orange Avenue Orlando, Florida 32801 (407) 649 -4000 Parcel ID No.: R 3- 15 -37 -35 -0010- 00490 -0080 Consideration: $70,000 SPECIAL WARRANTY DEED 1 111111 11111 1111111111 11111 111111111 1111 FILE NUM 2013001276 OR BK 00725 PG 1566 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 02/07/2013 11:40:49 AM AMT 70,000.00 RECORDING FEES $27.00 DEED DOC $490.00 RECORDED BY L Sham Pss 1566 - 1568; (3Pss) THIS SPECIAL WARRANTY DEED is made and given this 5th day of February, 2013, by GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation, whose mailing address is 804 N. Parrott Avenue, Okeechobee, Florida 34972 ( the "Grantor "), to FLO -GAS CORPORATION, a Florida corporation, whose mailing address is 909 Silver Lake Boulevard, Dover, Delaware 19904 (the "Grantee "). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor, in hand paid by the Grantee, the receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain piece, parcel or tract of land lying and being in the County of Okeechobee, State of Florida (the "Property"), more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by this reference. SUBJECT TO ad valorem taxes and assessments for the year 2013 and subsequent years, and all reservations, covenants, conditions, restrictions, and easements of record; if any, but this instrument shall not operate to reimpose the same. TOGETHER WITH all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but none other. 1 /�CA111nn 1 nn '7C n. 4 �� 7 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: S' eof /Ls df, / Print Name: y- (14, :f� Signature of Witness �� Print Name: IcL'c j1(CA( State of FLORIDA ) )ss. County of OKEECHOBEE ) "Grantor" GLADES GAS COMPANY OF OKEECHOBEE, INC., a Florida corporation By: 1()WIAA-ditt-r Monica Clark, President The foregoing instrument was acknowledged before me this 1/ •day of February, 2013, by Monica Clark, as President of GLADES GAS COMPANY OF OKEECHOBEE, INC., A FLORIDA CORPORATION, on behalf of the corporation. She is personally known to me. (NOTARY S JENNIFER L WILLIAMSON Commission # DD 998798 r = Expires August 19, 2014 BcniedlkuTfuy Fin rums E003e67019 044743.000004,601880000A co.-7 •cni.u.nn4 onn. nor_ 2 (Notary Printed Name) My Commission No.: ,611 9 9 / % o EXHIBIT "A" PARCEL 1 (FEE SIMPLE ESTATE) Lots 8, 9 and 10 and the North 40 feet of Lots 17, 18 and 19, Block 49, of the Town of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida. PARCEL 2 (LEASEHOLD ESTATE) Together with that portion of an alley lying in Block 49, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 1, Page 10, Public Records of Okeechobee County, Florida, as set forth in that certain Lease Agreement recorded September 24, 1980, in Official Records Book 237, Page 393, Public Records of Okeechobee County, Florida, being more particularly described as follows: Beginning at the Northwest corner of Lot 17 of the said Block 49, bear Easterly 142.50 feet to the Northeast corner of Lot 19; thence bear Northerly 20.00 feet to the Southeast corner of Lot 8; thence bear Westerly 142.50 feet to the Southwest corner of Lot 10; thence Southerly 20.00 feet to the Point of Beginning. 044743, 000004, 601880000.1 3 CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light f PL %14 5 fl O � e c4-,-(7,-\ `- -� & v --, 863 - 467 -3721 or T I�Q Cl - 2. ()' A. ■ O i�G ,- Donna Padgett L, n� � � X i 34- a } �l) --.',.1):-\i-) � � 863 - 467 -3708 l�-ar Authorized Signature 0't Pats-0 1-1" � `?-3-7 2 " Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@ centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title F411 6,04cy q-t-, LNc, his. 4 Ce4iT-142c/!«!< Century Link .863 = 4-523'473 L/07— 8 /[4- S 3/ ayou V I GTc/21►4. 3 u c h cit. uthorized Signature Phone No. Date 0 Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date February 25, 2016 41 gei 7d0 CenturyLink- 33 North Main Street, Winter Garden, FL 34787 407 - 814 -5318 Victoria.bucher @centurylink.com LETTER OF NO OBJECTION Ms. Jennifer L. Williamson Crary Buchanan P.O. Drawer 24 Stuart, FL 34995 -0024 SUBJECT: PROPOSED VACATE OF THAT CERTAIN 20' WIDE ALLEY LYING BETWEEN LOTS 1 -7 AND THE NORTH 40' OF LOTS 20 -26, BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AND IN PLAT BOOK 1, PAGE 10, ALL IN PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; PRN 763129 Dear Ms. Williamson: Please be advised that Embarq Florida, Inc. D/B/A CenturyLink ( "CenturyLink ") has no objection to the proposed vacate and abandonment of that certain 20' wide alley located at 204 NE 9th Street, Okeechobee, Florida and lying between Lots 1 -7 and the North 40' of Lots 20 -26, Block 49, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5 and in Plat Book 1, Page 10, all in the Public Records of Okeechobee County, Florida. Said alley lies between those certain parcels having an Okeechobee County Tax Parcel Identification Number of 3- 15- 37 -35- 0010 - 00490 -0010. The area proposed to be vacated is more particularly shown on the attached sketch. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria.bucher@centurylink.com. Sincere EMB A'iI FLORIDA, INC., DB /A/ CENTURYLINK Victoria S. Bucher, SR/W , R/W -NAC, R/W -AMC Negotiator - Network Re. Estate C. P. Conrad, CenturyLink www.centurylink.com CITY OF OKFJ CHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONSt Deliver the petition and thls form to tho following Utility Companies for their comments, It must be sinned and dated with a contact number for each person. Florida Power &Light f p i-- fits lid 4 .. t f a a t A, i.C) PC tAsv- LA n•_Q,y .0 d% o-. l _ - xt s'I- it) 4 Ai- 1 863.467.3721 or Donna Padgett 4 : ON- 467.3708 n tYcP_ � 4 t mO d : • ��: Authorized Signature -6!341 d� Typed Name & Tina (&)31' °t�a'(t�.- Phone No. Date Century Link 863 - 452 -3473 Tess Bentayau tess.hentnyofa eepturylInh.cotm Authorized Signature Typed Name'& Title Phone No. Date Comcast Cable , a� • y LI AI • • i y I ♦ i : 4 : 4 ►J / 863. 763.2824 r. • d : • ��: � '• ' [, / � mss. 107 NW 71h Avenue rR�� !► ?, li ii !i / Authorized ;I1rnnb(re Typed Na e &Title 1 S61. F- [X1-3 Pitone No. D Okeechobee Utility Authority John Hayford 863 - 763.9460 100 SW 51b Avenue Authorized Signature Typed Namo & Title Phono No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OP OKEBCHOBEE SUBDIVISIONS Hamrick Estate Date GI[ Culbreth, Co- Trustee 863. 763.3154 Authorized Signature Typed Name & Tido Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863 - 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority (4 o/ c'edolee- 4. /.s /- 7_1/I/oi A, / of John Hayford z 4,7/3" Zo - Z‘, RA, c ,e ,9 863 - 763 -9460 1 100 SW 5m Avenue 4/12 2�C e7,Gf thonzed Signat �% ✓; 4 ,// %70(�7o'r'1'[ GXIG of,14/e ././ re e-✓u l Typed Name & Title g6.3- X63.5'' Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 3/246 Date Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light 863 - 467 -3721 or Donna Padgett 863- 467 -3708 Authorized Signature Typed Name & Title Phone No. Date Century Link 771 1/4-,-14-1 c K 14 .3- n 14 o /ds f} rC- 863 - 452 -3473 /nine_t.,, -T /,�J TI/--- ..1//71-J-1-7 At, 7° t /5 Tess Bentayou tess.bentayo@centurylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5th Avenue Authorized Signature Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate 771 1/4-,-14-1 c K 14 .3- n 14 o /ds f} rC- Gil Culbreth, Co- Trustee /nine_t.,, -T /,�J TI/--- ..1//71-J-1-7 At, 7° t /5 863 - 763 -3154 Authorized Signature /i1 ez 3-743 315L 2 /d7 i 4 Typed Name & Title Phone No. Date OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER 00 FT Surrounding Properties Basema Drawn 8y: RU55 DUNCANCFE, AGRICULTURE /MAPPER Date: 9/25/2015 nor THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON 5 2,5,5 OK4441,0k Co 73,1 T7000: 5 1 raj E 4 A__ ST L COUNTY FLORIDA, Ue;45 ..... o •000, 4194 Oleo 07 I 0. Arela,To. o 471.. o'■ <1. 310111111 MOM 1 MOM KIM I 1131 gme MB I MUM IOW Mr Mt 11311 13113113 13111611101 Etri 'NUJ II 02 WHOM mom I IMMISM ;13 Ette I I. 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NI #NN 1 N 4 op o 6, 4 of e, MTN E .35 dr..., ....r.r.o/ of .., eq.:Tarr, b)114.1,.... f•Irerew rl, 4 ..frrrrnrty,rrri 4. i J-- 1., . rf ......7 45 49 (): Try,,,, ..:):;,,:.„,...,,y_ ro4. r,.,s ee: 7 :",..„ - • ,,,,,, .,-, d.,-._,,,,i, - -- 6( 0.. J,..,) ry,',.,,,,,_.....„ 1...:T,Y41 X *7 4.4.1.■de WA./ a., 4/1—...4 • Mr Z11:gig;,.....t rek re,,,4 ...a 44, ....A., oN, 4:•••.,4 a#N. / 9,6 . . . )•.t • OKteekobee Co P/44- -aao 5 5 800K 5 4.) _ Oi z n tI Staff Report Alley Vacation /Abandonment Request Prepared for: The City of Okeechobee Applicant: Charles H. Paschal & Frank DeCarlo Petition No.: 16- 001 -AC 1,11' Planning & Management Services, Inc. 1375 Jackson Street, Suite 206 Fort Nlyers, Florida 239 -334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Request The matter before the TRC is an application to vacate a portion of the platted but unim- proved 20 -foot wide alley running east and west through Block 49, more particularly describe in the legal description of the property. The portion of the alley to be vacated encompasses about 0.17 acres. General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address Charles H. Paschal and Frank DeCarlo 500 Coker Road East Fort Pierce, FL 34945 (772) 370 -5218 CPaschal @central.com Jennifer L. Williamson Crary Buchanan, Attorneys at Law 759 SW Federal Highway, Suite 106 Stuart, FL 34994 The alley, approximately 20 feet by 370 feet, located immediately south of Tots 1 -7, Block 49 in the City of Okeechobee, which lots are owned by Charles H. Paschal and Frank DeCarlo. Jennifer L. Williamson (772) 287 -2600 Legal Description of Subject Property A PORTION OF THE 20 FOOT WIDE ALLEY, RUNNING EAST AND WEST THROUGH BLOCK 49, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, SAID PORTION BEING BOUNDED AS FOLLOWS; BOUNDED ON THE NORTH BY THE SOUTH LINE OF LOTS 1 -7 OF SAID BLOCK 49; BOUNDED ON THE SOUTH BY THE NORTH LINE OF LOTS 20 -26, OF SAID BLOCK 49; BOUNDED ON THE EAST BY A LINE RUNNING FROM THE NORTHEAST CORNER OF LOT 26 TO THE SOUTHEAST CORNER OF LOT 1 OF SAID BLOCK 49; AND BOUNDED ON THE WEST BY A LINE RUNNING FROM THE NORTHWEST CORNER OF LOT 20 TO THE SOUTHWEST CORNER OF LOT 7 OF SAID BLOCK 49. CONTAINING 0.17 ACRES MORE OR LESS. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Characteristics of the Subject Property Existing Future Land Use Map Classification Industrial Zoning District Industrial Use of Property Vacant Acreage 0.17 acres (7,400 sf) Proposed Industrial Industrial Vacant 0.17 acres (7,400 sf) Description of the Subject Site and Surroundin ® Area The subject of the street vacation is a 20 by 370 -foot vacant, unimproved, alley right -of- way laying between the properties to the north and south owned by the Applicant. The unimproved alley runs from the platted right -of -way of NE 3rd Avenue and dead -ends at the eastern boundary of the Glades Gas property which fronts on US 441 and abuts the western boundary of the Applicant's properties and the alley. The parcel to the north contains two warehouse buildings occupying the western half of the property with the balance being vacant. These buildings are nonconforming with respect to the required rear setback because they abut up to the alley. The portion of the alley requested to be abandoned appears to be used as part of vehicular circulation around the two warehouse buildings. The property to the south of the alley, also owned by the Applicant is about 40 feet deep and 370 feet wide and abuts the CSX Railroad property immediately to the south. The following aerial photograph depicts the right -of- way proposed to be abandoned and the surrounding areas. 3 Se Florida Local Governments Since 1988 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Consistency with Sec. 78 -33, Vacation of Rights -of -Way Sec. 78.33 states that applications to vacate a public right -of -way may be approved upon a finding by the City Council that the following requirements have been met: REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is notAhig in the City's Comprehensive P /an concernhig alleys The property is designated industrial on the Future Land Use Map and will be used for purposes consistent with tAe /ndustria/ Future Land Use Category. TAerefore, the vacation/ abandonment of the alley and its subsequent use will be consistent with City's Comprehensive P /an. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. The alley rig/It -of -way i. not the sole access to any property. All properties abutting ttiis alley rigtit -of- way have vehicular access afforded from NE 9th Street. 3. Proposed vacation is in the public interest and provides a benefit to the City. The only public benefits associated with vacation of tAe subject alley right -of -way are tAat: a. After the vacation the alley property will be subject to ad valorem taxation, and b. it is possible that the taxab /e value of the overall tract of /and on which the industrial use is located may increase by virtue of its increased utility and elimination of its nonconformhig status. 4. Proposed vacation would not jeopardize the location of any utility. The Applicant has submitted signed Utility Company Authorization Forms and /or Consent Letter from FPL, CenturyLink, Comcast, OUA and the FLO -C,AS CORPORATION stating no objection to tie proposed vacation /abandonment. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): Charles H. Paschal & Frank DeCarlo Vacation of a portion of an east -west alley through block 49 Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33. Submitted by: ,762., Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management April 13, 2016 TRC Meeting: April 21, 2016 PB /BOA Meeting: May 19, 2016 City Council 1st Reading: June 21, 2016 City Council 2 "d Reading and Public Hearing: July 19, 2016 Serving Florida Local Governments Since 1988 5