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2016-09-15MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, SEPTEMBER 15, 2016, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 I. CALL TO ORDER — Chairperson. The September 15, 2016, Technical Review Committee meeting was called to order at 10:00 a.m. by Chairperson Montes De Oca. II. STAFF ATTENDANCE — Secretary. Voting Members: City Administrator Marcos Montes De Oca Present Building Official Jeffrey Newell - Present Fire Chief Herb Smith — Present Interim Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook — Absent (with consent) 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 April 21, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, CITY OF OKEECHOBEE, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County - Senior Planner. Planning Staff Report: Planner Brisson explained the applicant, Mr. Carrol Word, who is the Registered Agent for the property owner, 441 Palms LLC, is proposing to vacate two alleyways and a portion of Northeast 3rd Avenue in order to join the two blocks into one larger property and develop the area into a 71,200 square foot medical /dental complex. TRC - September 15, 2016 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 16- 002 -AC continued. 441 Palms LLC owns all of Block 1 which consists of eight lots, the 15 -feet wide by 200 -feet long alleyway divides the block in half, Lots 1 to 4 are located on the North half, Lots 5 to 8 are located on the South half. Block 2 consists of 26 lots with two alleyways. The North to South alleyway located between Lots 10, 11 to 16, and 17 is not included with the Petition. The 15 -feet wide by 512.50 -feet long East to West alleyway located between Lots 1 to 10 and 18 to 26 is included with the Petition. 441 Palms LLC owns Lots 1 through 10, and 21 through 26. Muzaffar Husain owns Lots 17 through 18. Suraiya Husain owns Lots 19 through 20, both have provided the required acknowledgement of no objection to the abandonment. Located West of Block 1 and East of Block 2 is a 70 -feet wide by 315.0 -feet long dedicated roadway known as Northeast 3rd Avenue. The roadway is unimproved, and the City does not have specific plans to improve the roadway at this time. Excluding Lots 17 and 18, the property is undeveloped. Planning Staff's responses to the required findings are the property is designated Single - Family on the Future Land Use Map and is in the process of a Comprehensive Plan Small Scale Future Land Use Map Amendment (No. 16- 003 -SSA) to designate it as Commercial. The anticipated medical office use is consistent with a Commercial Future Land Use designation. Therefore, should Future Land Use Map Amendment No. 16- 003 -SSA be approved, subsequent use of the property and the subject property to be abandoned will be consistent with the City's Comprehensive Plan. Neither the alleyways nor the portion of Northeast 3rd Avenue provides the sole access to any property as all properties have vehicular access from Northeast 13th Street. The public benefits associated with the abandonment are, the existing alleyways and Northeast 3rd Avenue are currently unused and have no immediate or future use. It will be a benefit to the City to remove the existing rights -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. Utility easements are necessary within Northeast 3rd Avenue as the Okeechobee Utility Authority (OUA) needs access to maintain their water main and Florida Power & Light (FPL) needs access to maintain their power lines. Planning Staff is recommending approval based on these findings with the stipulations that the owner grant the necessary easements required. Project Engineer, Mr. Steve Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida, was present on behalf of the applicant, and commented Mr. Word was aware of the easements that were required and he has no issues. They will be addressed within the ordinance, as a reassignment of an easement is not required at this time. County Environmental Health Department: No issues were received. OUA: No issues were received. Public Works: Director Allen asked for clarification, the North to South alleyway in Block 2 is not being abandoned, as one of the exhibits provided from the utility companies indicated this. Mr. Dobbs confirmed, the North to South alleyway in Block 2 is not included with the Petition abandonment request. Administrator Montes De Oca expressed concern regarding sufficient access within the easements. However, specific development plans are not required at this stage of the proposed development, and would be adequately addressed during site plan review. VI. NEW BUSINESS CONTINUED. TRC - September 15, 2016 - Page 2 of 3 A. Abandonment of Right -of -Way Application No. 16- 002 -AC continued. Police Department: No issues were received. Building Official: Building Official Newell noted a potential issue with concurrency and the level of service that could impact U.S. Highway 441 due to the level of traffic proposed for such a large development. He inquired as to whether the developer would be responsible for making any improvements. Planner Brisson replied the impact on the roadways would be addressed during site plan review. Additionally, the applicant will be made aware that this development could be subject to participation in the City's Proportionate Fair Share Transportation Impact Fee for roadway improvements. 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. He then asked TRC 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 Fire Chief Smith and Public Works Director Allen to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 16. 002 -AC, to abandon the 15 -foot wide East to West alleyways located between Lots 1 to 10 and 17 to 26 of Block 2, and Lots 1 to 4 and 5 to 8 of Block 1, together with the 70 -foot wide unimproved portion of Northeast 3rd Avenue located between Northeast 13th and 14th Streets, all within the CITY OF OKEECHOBEE, Plat Book 5, Page 5, Okeechobee County Public Records, with the following conditions: 1. Proposed development will adequately address Off -site Concurrency impacts; 2. Proposed development will adequately address sufficient access to the City /County drainage easement along Northeast 14th Street and/or roadway access to the northlsouth; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. 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 10:16 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 Mo s- a Oca, Chairperson ATTEST: Patty M. Burnette, Secretary Pay ite. TRC - September 15, 2016 - Page 3 of 3 CITY OF OKEECHOBEE SEPTEMBER 15, 2016 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: September 15, 2016 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Present Absent Administrator Montes De Oca Building Official Newell Chief Smith Engineer Interim Chief Peterson Public Works Director Allen YEA NAY ABSTAIN ABSENT Allen v/ Position vacant at this time Montes De Oca 17' Non - Voting Ex- Officio Member: Newell Attorney Cook County Health Department McCoy OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette ✓ ✓ V-- i/ III. AGENDA - Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. do r -e-- IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the April 21, 2016, regular meeting. BO 1.Col ! moved to dispense with the reading and approve the Summary of Technical Review Committee Minutes for the April 21, 2016, regular meeting; seconded by Pia P i1( . VOTE YEA NAY ABSTAIN ABSENT Allen v/ Montes De Oca 17' Newell t.- Peterson V-- APPROVED D DENIED V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2 and Lots 1 to 4 and 5 to 8 of Block 1, City of Okeechobee, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County- Senior Planner. 1. Hear from Planning Staff. Con c;s1-era+ (A)) eOChorLi rim(iljs fp)9ranf-inq a,vaca.-}-on of Rou) 3{4)0afim1 of APL A mon+ of Y�nt hts �s�nnr,?f'1 bow-et Snf.. .. Plan a oct n-i- rel .n Ir. err , 2 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC continued. 2. Hear from City Staff. PVdb Allen rblerLiaa Ictri fq +h + 4he_ a lk was ,n o-t tots 1;19 C 1 bsc_d beta c c.- Coneero — DoT" Sf-1 t I tha.I a 1 iP boa S M e d � O- `s e na 1. O nt of ��2_ � C�. fro Ourn p a l j cs Showed tf wets akoreirrild Cori e ftrraneil issue, 64)5) Le.vet• o Selo le-C) Or) 4 -1'}2. �'a �L► Pa- vn s- ! l (I (,v, f I be ! rn P l+ t• I r 2 r S Q e t net( rq �s� - 1 M s 1--he c�_ vQ(o �z r cr ovhq 4-o � ima(01 4Mat— (mpa -14 O'Enf • mill bartLsiyiL -c is 03)'o ! SpDOPO aiook,4 a001-1-& PBS' wt's Le Cris aS Wt( ( cc s r nq ctAre.s et S-trte Flap ---- Pro p Or -ho ✓! a - 5l� wrC_. �o a(< tn9 7 ID '3y pass- ca•r-rx.n d S Sid1 ci he D a Q.. ��c:g Cant t,cp cold G vts x v� d yr .S R 0 C es.. l�u s fito- p,oleet devc(apei 3 h Q ece.% Soto cal ractrec:"tt V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC continued. 3. Hear from Property Owner or Designee /Agent — Carrol Word /Steven Dobbs. v 2 Dobbs — I O b a k.e.s aware b-1 the, easenynis mat has no rs5tko.5 n rle l -Tro s-1- - ` 'eut have de.1)os► 4(4 4-hr rn , hoot_ in e.sorno — was p re,sen -E- f r 'f rv. Q1) e:' t req of s feel G e- ot. heAtta cu e. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. nt,f1 4 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC continued. 5. Disclosure of Ex -Parte Communications by the Committee. 6. a) Consideration of a motion to approve or deny the petition with /without contingencies. • Motion and a second offered by >�r �' and to recommend approval /denial to the Planning Board for Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2 and Lots 1 to 4 and 5 to 8 of Block 1, City of Okeechobee, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, with the following conditions: oirojevQr ry,"pac¢.s r tont • ifsi4e eoneurrerat4 wl +h (,�kfl4ever Vm path eo.ne rt y 6tefua veloFe• ,gyp developrrnn --nifb ct h ea ,vrvoi -s 4v arcs s5' Ca,�al o r roadu )9A.1 on ® o LtPr of\cd' rPL ga4,ei■f - n4s nOTan0i - eor ecfioi.'a- one QAcht 100- nal.uctes N —s at lei on +- b) Discussion. 1)3Q-5+ 5)e(2 tv l Ck -alr t04/4 `tin 5 ✓) c+ +a h-e r Act urded n t-it -rev (+1 c) Vote on motion. VOTE YEA/ NAY ABSTAIN ABSENT Allen Montes De Oca Newell Peterson APPROVED DENIED VI. ADJOURNMENT — Chairperson. There being no further items on the agenda, Chairperson /` ' = adjourned the Technical Review Committee Meeting at 1 ire: a.m. 5 CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA SEPTEMBER 15, 2016 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER SEPTEMBER 15, 2016, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: Non - Voting Ex- Officio Member: David Allen, Public Works Director Bob Peterson, Interim 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 Burnette, 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 April 21, 2016. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 16- 002 -AC, to abandon the 15 foot wide alley, running East and West between Lots 1 to 10 and 17 to 26 of Block 2 and Lots 1 to 4 and 5 to 8 of Block 1, City of Okeechobee, along with the 70 foot wide unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets all as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, - Senior Planner. 1. Hear from Planning Staff. 2. Hear from City Staff. 3. Hear from Property Owner or Designee /Agent — Carrol Word /Steven Dobbs. 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 Petition with /without contingencies. b) 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 INDEPENDENT NEWSMEDIA INC. USA /�/ f I\LCEI�F ti 1 CEP 1 ��;te D Okeechobee N Li 2816 107 SW 17th Street Okeechobee, Florid449.74 863 - 763 -3134 \timed. j n�o�� STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County,. F on a, that the attached copy of advertisement being a "` -L.b Lc. 1'l n,t L in the matter of. _1 ,Lie► Vic . ,r tyc.i �`� S S. is ?t in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this day of 44i Y'C\_t t1 '301DAD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # FF976149 ,, —�. EXPIRES: Aprf20,2020 ��.R°..f. o, " Bonded 'Wu Notary Putpc Underwriters PUBLIC NOTICE TECHNICAL REVIEW COMMnTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the Oty of Okeechobee Technical Re- view Committee (TRC) will conduct a regular meeting on Thu, Sep. 15, 2016, at 10 AM, or as soon thereafter as possible, at Oty Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL The public is Invited and encouraged to at- tend. The agenda may be obtained from dtyotokeechobee.com or by calling the General Services Office, 863- 763 -3372 x218. ANY PERSON DECIDING TO APPEAL any derision made by the TRC with respect to any matter considerediat this meeting will need to ensure a verbatim record of the proceeding Is made and the record includes the testi- mony and evidence upon which the appeal will be based. In accordance with the Americans with Disabilities Act (AADA), any person with a disability as defined by the ADA, that needs spedal accommodation to partidpate In this proceeding, contact the General Services Department no later than two business days prior to proceeding, 863 - 763 -3372. • BE ADVISED that should you intend to show any document, picture, video or.items to the TRC in support or opposition to any item on the agenda, a copy of the document, picbrre,.video, or item MUST be provided to the Committee Secretary for the Oty's records. By: Oty Administrator Marcos Montes De Oca 477483 ON 9/9/2016 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. Ito-wA-Pib 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: See attached page for legal description. 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: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. 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 established fee, or when a professional Date Fee Paid: '7 - Ili - lb Receipt No: Li 3CJ a Li TRC Meeting: �' �-I� Publication Date: Letters Mailed: N/A PB/BOA Meeting: ) 0- a o- i Lp Publication Dates: Letters Mailed: City Council 1St Reading: t- / :IL CMR Letter E- mailed: consultant is hired to advise the city on the application, the applicant shall pay the aactual C( costs. I2t' , ,n P� City Council Public Hearing: +a_j_' Publication Date: 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: See attached page for legal description. 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: The Right -of -Way is currently not being used and should not needed into the future as a Right -of -Way. 441 Palms, LLC Abandonemnt Legal Description THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE EASTE WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14TH STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PAGE 2 PETITION NO. Ito-(u- Q., Required Attachments ✓ 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 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) . / Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) ✓ 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) 11 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. Carrol Word 7 /9 -20, Signature Printed Name / Date Name of property owner(s): 441 Palms, LLC Owner(s) mailing address: 1080 3,e et SE23rdt re?+ Owner(s) e-mail address: csoword90 @gmail.com Owner(s) daytime phone(s): (863) 610 -5913 Fax: Required Attachments ✓ 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 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) . / Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) ✓ 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) 11 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. Carrol Word 7 /9 -20, 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: Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required for a transportation or utility use. (9J-.N3.3 P. A. C.). Since the alleys have no current uses nor any has f ns-e�aLk uses, thcy would mcct the requirement of abandunmeiit. NE 3rd Avcnuc no autict tu th,, north since he City 1 imits Tlitrh is to the north and north of the City T imits ditch is a private nursing home Who would have no interest in private traffic traversing their property. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: This request meets this standard. is iequiied to maintain and retuui the laud to the lax bulls. 3. Proposed vacation is in the public interest and provides a benefit to the City: The existing alleys and NE 3rd Avenue ROW are currently unused and have no immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is iequiied to maintain and retuui the laud to the lax bulls. 4. Proposed vacation would not jeopardize the location of any utility: Since there are no utilities in the existing alleys or NE 3rd Avenue ROW there is no jeopardy to any utilities. There is a potential water main to be installed in the existing NE 3rd Avenue ROW, but that right is proposed to be protected by a proposed easement in the limits of the existing ROW. 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). Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863- 783.3131 File No.: 16.8945 11111111111111111 31111111111111111 FILE NUM 2016003918 OR BK 774 PG 274 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:54:20 P11 AMT 53007000.00 RECORDING FEES $18.50 DEED DOC $2/100.00 RECORDED BY i1 Pinon Pss 274 - 275; (2 pss) Parcel Identification No. 3 -16- 3746 -0010 -00020 -0060; 3- 16.4746-0010. 00010 -0010;3 - 15-37 -36 -0010.00010 -0050; 3 -1647- 36 -0010 -00020. 00230; 3- 16-37.36 -0010 -00020 -0210; and 3-16 -37-35- 0010 -00020 -0010 (Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM - SECTION 689.02, F.S.) This Indenture made this 27th day of April, 2016 Between SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996 whose post office address is 12138 !Nedra Court, Orlando, FL 32826 of the County of Orange, State of Florida, grantor*, and 441 PALMS, LLC, a Florida limited liability company whose post office address Is 1080 SE 23rd Street, Okeechobee, FL 34974 of the County of Okeechobee, State of Florida, grantee *, Witnesseth that said grantor, for and in consideration of the sum of TEN AND NO /100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, Tying and being in Okeechobee County Florida, to -wit: Lots 1 to 8, Inclusive, Block 1; Lots 1 to 10, inclusive, Block 2; and Lots 21 to 26, Inclusive, Block 2, CITY OF OKEECHOBEE, according to the plat thereof recorded in Plat Book 6, Page 5, Public Records of Okeechobee County, Florida. THIS PROPERTY DOES NOT CONSTITUTE THE HOMESTEAD OF SURAIYA HUSAIN OR MUZAFFAR HUSAIN. Subject to restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. •'Grantor and "Grantee are used for aingular or plural, as context requires. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Witnk'sN : AGM LRAHMAts ZEfN% SURAIYA 1-IUSAIN, Indlvidually and as Trustee Witness Name: ss e: AAOl:t.r;AHMRN Ice f )% Witness Name: MUZAFFAR HUSAIN, Individually and as Trustee Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Ova, The foregoing instrument was acknowledged before me this 27th day of April, 2016 by SURAIYA HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE SURAIYA HUSAIN REVOCABLE TRUST DATED MAY 8,1996 AND MUZAFFAR HUSAIN, INDIVIDUALLY AND AS TRUSTEE OF THE MUZAFFAR HUSAIN REVOCABLE TRUST DATED MAY 8, 1996, who U is personally known or �] has produced t, T)(- as identification. ' l [Notary Seal] Notary Public Printed Name: f/1P ( 1r+o v My Commission Expires: ,¢/ zs/f 1 Book774 /Page275 CFN #2016003918 Page 2 of 2 . it mil OM ...E 4 b�� 00 P. a. This Instrument Prepared By �, And Return to Tom W Conely, III 207 N.W. Second Street Okeechobee, Florida 34972 Property Appraisers Parcel ID#: Grantee's SS #: Oocu S tarySt mps paid In the amount of data Clerk of ClrcultC PR USK ©2 PACE 352 WARRANTY DEED THIS WARRANTY DEED Made the 2 5th day of July 1996, by THE NORTH AMERICAN ISLAMIC TRUST, a non - profit corporation existing under the laws of the State of Indiana, and having its principal place of business at 2622 East Main Street, Plainfield, Indiana 46188, hereinafter called grantor, to MUZAFFAR HUSAIN and SIJSAYIA HUSAIN, his wife, whose postoffice . address is 160 N.E. 19th Street, Okeechobee, Florida 34972 hereinafter called grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WITIRSSETH: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County, Florida, • G viz: • 0 Lots 16,18,17, and 18 of Block 2, CPTY OF OKEECHOBEE, according to the plat thereof • € o recorded in Plat Book 6, page 6, public records of Okeechobee County, Florida. �o�, e ,� TOGETHER-with all the tenements, hereditaments, and appurtenances thereto belonging or in � • N anywise appertaining. V TO HAVE AND TO HOLD, the same in fee simple forever Cf. ma y AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said } N C2 land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that o r . E > is the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims v, d of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing N o'd v subsequent to December 31, 1995, and reservations, restrictions and easements of record, if any, which • a. ~ ° " ` are not reimposed hereby. IN WITNESS WHEREOF, the grantor has caused these presents to be executed in its name and its corporate Seal to be hereunto affixed by it proper officers thereunto duly authorized the day and year first above written. Signed, sealed and delivered in our ptsence: Witness's Signature Gulam Ali Kapadia Witness's name typed or printed Witness's r s ture Kllndiin RnRe Witness's name typed or printed THE NORTH AMERICAN ISLAMIC TRUST, INC. a By. M. Naziruddin Ali, Secretary 2822 East Main Street Plainfield, Indiana 48188 (Corporate Seal) DOOK 382 ?AGE 353 STATE OF INDIANA COUNTY OFIXkki3 MARION I YUMMY =Tiff, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared M. NAZ1RUDDIN ALI known to me to be the Secretary of THE NORTH AMERICAN ISLAMIC TRUST, INC., the corporation in whose name the foregoing instrument wax executed, and that he acknowledged executing the same for Erlich corporation, freely and voluntarily, under authorityh duly vested in him by said c1 orporation, and that the C(9 seal affixed thereto is the true corporate seal of said corporation, and that he ie personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this. 5 tilay of July, l Notary Public's Signa lahauddin A. Earle ' Notary's printed name My ComrniRaion Expires: O c t o b e r 8, 19 9& (Notary Seal) 3 1 • - .1 . THE NO Jt. 7 or. 21 0R7".3R2* * — PACE 3.54 lq,j11 . 1114 - OR Dk 73 Co Pg ()ramp FL 4714rM Th. Itoraul TH kikfilERICAP4 ISLAMIC TRUER-HOC. 109D0 W. Washington Stroet o Indianapolis, Indiana 46231 0 To!: (317)639-9246 o Fax: (317) 639-2511 .. TO WHOM IT MAY CONCERN • RESOLUTION OF THE BOARD OF TRUSTEES In a meeting of the Board of Truateea of .The: North' American Islamic Truot; Inc., (BAIT) held on Hay 2, 1992 tho. Board unanimously reoolved 'that: • . • .... . . . . ......_ .. • - . . . . .. ."°The General Manager. of The North American Iolamic . . Truat, Inc., (flAIT), -Hr. IL; Maziruddin Ali in hereby • . authorized to execute any nommen, daauments required 1 or. the tanle or purchase of any. investment real entote - • of The North, Americo!) Islamic .Trust, Inc. such ao: • • -Dupage -Property, Breinentovn• Tovnhomen. Project,- . • . • Fairfield Court Partnership Project, and Dr. Huopoin • . - • .- . • Clinic. real eatate.." . . . :... - . ..„„ • N. .. ,..1-•?o"--r-,:7e..,-, if---J_C:7. •,44)-1-1 .Bannam Osman, Chairman - BAIT Board of Trustees Naziruddin .Ali, Soorotory. HATT Board -of -Trim:Aeon, .. State of Indiana County .of Marion . -.Subocribed' and . avorn before me thin 14th day of Decesnber, .1992.., . I Bahauddin. Bade: • Notary Public • Hy comminsion .6xpireo: October 8, 1996 .• . . I certify that this'is a. true and exact copy of the original. . I 286597 TILEDFORRLORD • OKEECHOHECO.11 Bahauddin Bade %SEP -5 Ali 9: Oaiotary. My commission exp A14 q a@D6 • • County of Residenc C IT COW. MI 3" it M2,1, dorL •ect=?6=2.o.-- c(40, • .1 . : . • • " e - - • ••• • ••.. . • Nlmn la: (0.,lme ulf..ddnn,d moped nrtlope) Chester B. Griffin, Esq. P. 0. Box 1270 Add" "' Ft. Pierce, FL 34954 Ms b ioneum.. Papered by: - ,...:Chester B. Griffin, Esq. of Neill Griffin Jeffries & Lloyd, Chartered Ad'1ep311 So. Second Street Ft. Pierce; FL 34954 Aopeny Appnuen Pend tdeedneedeu Polio 10.01901.): 0,111014 S.S., n) Neer: SPACE ADOVE THIS UNE FOR PROCESSING DATA h is Pizarzudg Pub, Made the 8th day of MUZAFFAR HUSAIN and SURAIYA HUSAIN, his wife 2 WARRANTY DEED INDMD.TO MOMS. 2908 RAMCO FORM 01 ILK- 37 u c € 176 FILED {r� C�� OKEEGra:::r:. C r� '. t 9614.111 it) P111 09 ,t CLERK OF CIRCUIT COU: ; •G .unlantaty stamps paid In the amount of :lcri: of Circuit utt del•': SPACE ADOVETNIS UNE FOR RECORDING DATA May , 19 96 , by hereinafter called the Grantor, to SURAIYA HUSAIN, as Trustee of the Suraiya Husain Revoca21 T st A e nt ateil y 8 99 wDose pos�o rce ad ress rs 1501I E. 13th Street. Okeechobee.' EL 34947 hereinafter called the Grantee . (Wherover used herein the tonne 'Owner' and 'Grantee" Include all the park. to Ihl. Instilment and the 90101.1eae1 repraeenlelHee. and /melons oh Individual.. and the ,0ecesso1e and assigns o1 corpotollom, wherever the context ,o admits or requ0es.) • ituesseth, That the Grantor, for and in consideration of the slim of $ 10.00 and other III! valuable considerations, 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,'State of Florida. viz: . Lots 6 -10, inclusive, Lots 19 and 20, and Lots 23 -26, inclusive; Block 2, Lots 11 -14, inclusive, Block 15; Lots 1- 11,.inclusive, Block 16, all in City of- Okeechobee, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeechobee County, Florida. SUBJECT to restricdtions, reser- . vations and easements, if any, of record. Grantor confers on the Trustee the power and authority. to protect, conserve, sell or lease, encumber or otherwise to manage and dispose of "the real. property des- cribed hereinabove, includiiog but not limited to:all powers listed in Florida .Statutes 689.071. 0 atngefher, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. VIci Pube unb fn Pa, to same in fee simple forever. ,nb the Grantor hereby covenants with said grantee that she 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 'sane against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent io December 31, 19 95, art Pifueiss5 Whereof, the Said .Grantor has signed and sealed these presents the -day and year first above written. Signed, sealed and deliver d it the presence of: Wdn11, Sl.nelure tee ro Go., e . ail Chester B. iffin h2," 1010 • Witness SIgnamr fa. to fun Gumo,l Mary van der Lugt Printed Name Wiineo Signature tae to Co.Gu mar. If aryl Primed Name Witnns SISn.oar, has to Cu.0001ur. II any) Primed Name STATE OF FLORIDA' COUNTY OFST. LUCIE Muzaffar Husain and Suraiya Husain,. his 4 ) e 0 Gonlo, Slyn11un Muzaffar Husain hinted Name • 150 N. E. 13th Street, Okeechobee, FL 34:74 Pod Wild Addrms . • 1tl ex CeAnmor Sidnemn. .t any) Suraiya Husain Primed Name 150 N.E. 13th St.. Okeechobee. FT. 14974 Pon Ofrlo,.Addo0 I hereby Certify that on this day. before me. an officer duly authorized w,j tIminisler oaths and take acknowledgments. personally, appeared known to me to be the person_ described in and who executed the foregoing instrument. who acknowledged before me that they executed the some. and an oath was not taken. (Check one:) type of identification: Said person(s) is/are personally known to me. 0 Said person(s) provided the following NOTARY RUDDER STAMP SEAL .`R4 MARY VAN DER L(IQi s MY COMMISSION r CC355562 !TIRES ..o Apra 7, 1890 0IX(7(O DM TROY INN ISSU Witt. Ur. Witness my Mond and official seal in the County and Stale last aforesaid iris Bthday of May ran , A D. 19 96. van der Lugt Friend Nsme AUG 1 0 2016 August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3`d Street Okeechobee, FL 34974 Subject: 441 Palms, L1.0 Abandonment of NE 3rd Avenue from NW 13th Street to NW 14th Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, I own the following property: City of Okeechobee lots 19 & 20, Block 2 Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: East -West Alley south of lots 1 -10 and north of lots 17 -26 in City of Okeechobee Block 2 Signature of Property Owner Suraiva Husain, Trustee Printed Name STATE OF i;.0rtDA COUNTY OF _m The foregoing instrument was acknowledged before me this ,/q /2016 (date) by J who is personally known to me or who produced (i -orc : OA 0/Z t v6R °S tic NSEas identification and who did (did not) take oath. (Seal) Commission No. FF C) I t r (Name of Notary typed, printed or stamped) IW& 10 2016. August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3`d Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3rd Avenue from NW 13 `h Street to NW 14th Street and the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, I own the following property: City of Okeechobee lots 15, 16, 17, and 18, Block 2 Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: East -West Alley south of lots 1 -10 and north of lots 17 -26 in City of Okeechobee Block 2 S;06.uire otFropeity Owner Muzaffar Husain, Trustee Printed Name STATE OF t_�y'fOA- COUNTY OF ( f1 A- ?t1- (4 The foregoing instrument was acknowledged before me this !-f by ri1 ‘) - t != r2 i-7 L.S f l 0 (date) who is personally known to me or who produced as identification and who did (did not) take oath. (Seal) Commission No. tic a S_. q 1 AL 1 (Name of Notary typed, printed or stamped) 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 e L h a S AO p6 -y4- '0 863- 452 -3473 863- 467 -3721 or -'ri i . A bon A,om 4- a � � %r c!< map Donna Padgett 14 4 01,4, J9,,- tQ C t o S 6 unit �t M 86367 -3708 1AK1 � M ? J,, -L -.' e ti t� Aut ionized Signature -Do +t n h 021),P 1-E o'2r 69- 3/0 ') 1 t 3 If. Typed Name &Title Phone No. Date Century Link 863- 452 -3473 Tess Bentayou tess.bentayoOcentutylink.com Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863- 763 -2824 107 NW 7(h Avenue Authorized Signature Typed Name &'l'itle Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW Ste 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 Cen turyUUnk,Y LETTER OF NO 0 P'JECT11ON May 20, 2016 Mr. Steven I,. Dobbs, P. E. 1062 .lakes Way Okeechobee. I'L 34974 SLJB.WC it': PROPOSED VACA'T'E OF NE 3ri1 AVE AND ALLEY ]IN BLOCK 1. AND TWO ALLEYS IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT TIIP:,REOF RECORDED IN PLAT ROOK 5, PACE 5, PUBLIC RECORDS OKEECHOBEE COUNTY, FLORIDA; IDRN 777252 Dear Mr. Dobbs: Please be advised that Etnbarq Florida, Inc. D /B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation and abandonment of the following: 1. NE 3rd Avenue lying bounded by NE 14th Street on the North and by NE 13th Street on the South and lying between Blocks 1 & 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. All of that certain 15' wide alley lying between Lots 1 -4 and Lots 5-6, Block 1, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. 3. All of that certain 15' wide alley lying between Lots 1 -10 and Lots 17 -26, Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, .Page 5, Public Records Okeechobee County, Florida. .i All of that certain 15' wide alley lying between Lots 1 1 -16 and Lots 10 and 17, -Block 2, City of Okeechobee, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records Okeechobee County, Florida. All being more particularly shown on the attached sketch. Should there he any questions or concerns, please contact me. at 407 - 814 -5311 or by email at a.cciltur%Itt ?�,.Ct'iii. Sincerely, EMBARQ FLORIDA, INC., D /B /A/ CI NTORYLINK Victori t S. Bucher, SR /WA, R/W -NAC, R/W-NAC Network Real Estate C'.: K. Lutz, CenturyLink 33 North Main Street Winter Garden, FL 34787 Tel: 407- 814 -5318 Victoria .bucherla8centurylink.cor c3E11 JNAK of Okeecnooee. inc. 1) PP 0:13 4, .J4 I .0.411 CO 'o AXE I. Par. • - - AFTER ABANDONMENT SITE PLAN animals pazlaoipny aply'9 aweN Wk. g- 0 0 4SI£•E9L-£98 aaasnay- oD'(paaglnD h9 g 0 ri C om r O re o z Ce 0 • 0 0 RD O O amieu9ls pazuoq nv apu,'9 aweN pad.(y a 0 0 anuaetl m5 MS 00T co w v w 0 0 O co C Q 0 0 0 anueu2ls pozpo47ntl 3 Ro V aiL MN LOT 0 4Z8Z-£9L-E98 me) sseau oD anneals paxuo4lny aPLL'B aweN pad/(L 0 CO oc EL4£-ZS4-E98 alILL aweN padXi z 0 ao TZL£-L94•£98 Utility Companies Authorization Form r -0 na 3 f ( 0 / _� , Q Ti if z 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 Arland oilmen+ 0 MC 34 ik . -Crvm uE /34/' vJ- J VW 044.: 863 - 452 -3473 artd F}l icr in block.-. la- o c -1-he Ci 6 o f' O kr e Tess Bentayou 863 - 763 -9460 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 Arland oilmen+ 0 MC 34 ik . -Crvm uE /34/' vJ- J VW 044.: John Hayford artd F}l icr in block.-. la- o c -1-he Ci 6 o f' O kr e c 863 - 763 -9460 100 O BSECTTOA)S 100 SW 5th Avenue thorize i. 2 ct i %Icy /re Typed Name & Title Phone No. *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 7/7/ 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 863 - 452 -3473 Tess Bentayou tess.bentayoPcenturylink.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 EECHOBEE SUBDIVISIONS Date Hamriclkstata -- rkt.c„rT Tl e 7/4 ,.././2-;e- k 777 kr 7— O Gc al.r Tile_ t_ Gil Culbreth, Co- Trustee ,, -/ --/- iAl j'ec.j c71-762 a Ae 7'7 863 - 763 -3154 Authorized Signature 3- 7G33Ijy -� -/� Typed Name & Title Phone No. Date OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS /MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Legend Drawn By: RU55 DUNCAN CFE, AGRICULTURE /MAPPER THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE DOES NOT Date: 5/12/2016 ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON ONOM 1O V3 PREPARED FOR THE EXCLUSIVE USE OF: 0 0 0 to 0 a § 0 m 0 0 0 D m OESCRIP770N: AFTER ABANDONMENT SITE PLAN LOTS 1, 2 J AND 4, BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND -- LOTS 5, 6, 7 AND .3 BLOCK 1, C/TY O< OKEECHOBEE, ACCORD /NG TO THE PLAT 7HEREOF AS RECORDED IN PLAT BOOK 5 PAGE 5 PUBLIC RECORDS OF OKEECHOBEE' COUNT, FLORIDA. AND PROJECT SPECIFIC NOTES.' / LOTS 1, 2, 3, 4 AND 5 BLOCK 2, CITY OF OKEECHOBEE ACCORDING TO THE PLAT THEREOF 1) UNLESS SHOWN OTHERWISE, ALL DIMENSIONS ARE PLAT(P) AND MEASURED(M) AS RECORDED IN PLAT BOOK 5 PAGE 5 PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA 2) BEARING BASE: THE NORTH RIGHT- OF-WAY LINE OF NE 13TH STREET IS TAKEN TO BEAR SOUTH 895620' NEST AND 3) P..I.R.M. ZONE 'Y, MAP NO. 12093C0415C, DATED 07/16/15 L 4) THE DESCR/P71O1V SHOW HEREON WAS PROVIDED BY THE CLIENT OR THE CUEIVtS REPRESENTATIVE LOTS 6, Z 8, 9 AND 10. BLOCK Z CITY OF OKEECHOBEE ACCORDING TO 7HE PLAT THEREOF 5) THIS SURVEY IS NOT IN7E7VDED 70 DEPICT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 1 AS RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS OF O.KEELYV08EE Comm; FLORIDA. 6) SURVEYOR WAS NOT PROVIDED R97H ANY TIME /NFORMA DON FOR 77VIS PARCEL SURVEYOR ASSUMES NO s R£SPONS7B1UTY OR LIABILITY FOR THE ACCURACY OF EASEMENT OlN£NS70NS SHOWY HEREON, THERE MAY BE 017-/ER ' : FEET u AND EASE-MEWS OR RESTRICTIONS THAT EFFECT THIS PARCEL 7) 7HE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL !JAB/CITY INSURANCE ADO/77ONS OR DELEDONS TO LOTS 21 AND 22, BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS SURVEY MAPS OR REPORTS BY OTHER THAN 7HE SIGNING PARTY OR PARTIES IS PROHIBITED W97HOUT WRITTEN RECORDED IN PLAT SOOK 5 PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY CONSENT OF THE SIGNING PARTY OR PARTIES. 6) DATE OF LAST FIELD SURVEY' 04 /13/16. AND LOTS 23, 24, 25 AND 26, BLOCK 2 CITY OF OKEECHOBEE,, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 PUBLIC RECORDS DP OKEECHOBEE COUNTY, FLORIDA (NOTE BLOCK 1, GTY OF OKEECHOBEE' IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY REST OF TAYLOR CREEK. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22 PUBLIC RECORDS OF , DITCH OKEECHOBEE COUNTY, FLORIDA - NE 14TH STREET (UNIMPROVED) 70' R/W FOUND 5/8' IRON ROD FOUND 5/8" IRON ROD , FWND 5 /A" IRON 402 FOUND 5/8" IRON4 ROD & CAP 5/8" KAB IRON PSM 4825 \ & OAP "'K .AB °IR 4820" - -8 CAP "NAB PSM 4820" - (NO 1.0.) 05' S, 0.8' W. N B9 °5612011 E 200.001 N B9 °56 20° E 512.50' \ $QT•6 2 \ \ 1 gg 1 1 -0. 0 0 3' 0 0 0' -,5_ , [{ e R a.86 ACRES D1 in ; "C} 69 ACRES ■ fi y ACRE' m 1 0) I ) 4 3 :c' 1 _ 4 3 2 1 t❑ 9 a 1 7 6 _„ 5 © II 7 2 1 17 • 0 I 0 ° 0 N - x 5 rs AsEU 4 1 ,T 1 ! -0 i - 0 0 i>r '1C HORS FLA SLAVE 01 71 OPINE o A34 D ,151 Mt: € 0P R7`' WI ? T -71 R ` 111 E m 1 0 441 Palms 2 , FA 22 �� x i ,1-6,,,, b 13 , i o °Y' n 1 1 LLC ' 6'20 W Q�a 252.5C' ; ��... - - I "'.��, ^' 89 5 Cl [TQ`? -�- �a LL 11 --- ,. "", S 69'56'20' W 51 2.501 5. ).� /\ . r. us --'' k >>, ,-« °0 15 A.L+ 7 NOT IN `SE.. cf. CK'1`) c �zNO — (13 0CK 2 N B9 °5620 0 300.00 6 ERE' r .4(S...). 0I a 7� ���°m SET S /8" IRON R48 0 I ` _ -- - --- -.__. ...._ - --- ----- s zn;�,y, _.. - �.�. 'N 69 '56120° E ,00.00`'. --' \ . o I ■ CAP 'NAB PSM 1820' - _ - :CC -OL' '�'" i ": T q N W \ i FOUND 5 /8" IRON ROD 1 ; I P +' T i .3‘...,....- (801.0.) or W ^ ` . N \ FOUND 5/8" IRON ROD _ t , QK0. w ■ & CAP (ILLEGIBLE) - - _ r ; ■ (Y.I ,--.= - - > \ 0.3'5.0.3' W. Z - I { - ` K U 14 1 0 a D C \\ 0 -- 1J 1 • 3 1 75- 3, -35 -0 0 :*3G':r, -s:,5v 4 \\ _ - 3 -1 3 -35 -0 L -' a'..0 -02i0 i : " -.S5 1,27-3^ -300i� 0230 Muzaffar Sura�ya :t0.34 ACRES i "'0.69 ACRES *Q.69 ACRES \ In- 15 2 1 22 23 2$ 25 26 Ct 5 6 S 0 v\ 1 Husain, Husain, ��._. � g � 0 o Trustee Trustee � ` v I , i 1 6 I I 1 FENCE CORNER ( i �__ ___. _ . , T1 1' 5. 1.Y E. DHW Hal DHF' M - - DHV - • DHW OHW 0 mi4 PI DHV DHW �i OHN UH1 � '4" B I S 69 °56 2❑ W 200.001 [ wATR METER /yIX 01•N EIHW 4 `( KI M FWND AB 1RON 20" O7TUTY POI.EJ CI- S 89'56`20 W 272.50 _ cki_ff @T_ S B9 56 20 W 300.0❑ Cpp "I(AB PSM 4820" UTILITY POLE FOUND 5 /8" IRON ROD n WATER METER I CONCRETE HEADWALL (BEAR 1 N G BASE) FOUND 5/e" IRON ROD @ CA➢ 'KAB PIR ROD FOUND 5/8" IRON ROD TpEDESTNE k GAP "KAB PSM 6820' PEDESTAL r CONCRETE HEADWALL / SHELL POUND 504 IRON 400 / DRIVEWAY ,,, UBUTY POLE h CAP "JOSS" 0.3' W FWND 5 /8' IRON ROD FOUND 5 /8" IRON ROD & CAP 'NAB PSN 6820' & CAP "208!' 0.8' S. _ EDGE OF ASPHALT & CAP "DEHAY5 5178' - - - 4 _ _ - - - ASPHALT ROAD --II--- NE 13TH STREET _ _ _ _ _ - _ - T8' ,, „3'w. - - - - - - - - 70' R/W OF ASPHALT SHELL ROAD EDGE OF ASPHALT END OF 5HELL GRA55 ROAD NE 3RD AVENUE (LI 4^ROV O) 70' TON' t3.F.,1 ACRES RIVERSIDE DRIVE AS SHOWN ON PLAT OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) ,i JO'f0'00" ^r, of 8 17 1 16 O ,<EECHOBEE ST. 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AT-73.C.70. 72,o TowNTSH1'b 0 O, 010 41. 3S CO -� 3 1141 14 - LV 5 •00 Ih cosN V n 1-I13-Y 7.2T74 T..0 (1 A. 0014,0011 of 1.122A10R. 10,027.1 ocFomc 72ft -7.29 273•d CAN or ( . r) NY 723-7223/ - F 2. «M212T.N OW-22F, 91,3.mY - NO LOT 1.23. I w0 LOT No. 9• 100 HL0C, NO 9G. AA, 3132.-1-121.13 1 FROM 012.017-130- 1112, 111--A-7.• F1LCO 1 0020 2.1 T., v ¢0,73117.+. 17, -AL , HC- ,c ca. T3-10 2,111' C uRT T •1 OAY Oc '7 1 J A 1912. M. 00((0 111 AH50 (61115 164) 001[D. :[[ ON 11002 146 266( 1695. 0,5021C2T102, 072271.20 0.12. WOOF 004 AT PLAT 5,00, TEL cf_ u Ic wuNTY F1.-02102.7. 4 j1N1T T YA1S 73 Y -12110 LANG ^313)232,02 2 No. nb<, CD 0.3.100,11 O2 ',i Staff Report Alley and Right -of -lay Abandonment Prepared for: The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16- 002 -AC S1 `_ 11 _ Planning \lanagenucnt Services. Inc. 137i Jackson Street. Sllite 206 Felt \l'er \, Florida ;9-33 i t6<i Serving Florida Local Governments Since 1988 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'u Av. Request The matter before the TRC is an application to vacate /abandon the 15 -foot wide alleys in Blocks 1 and 2 and the platted but unimproved 70 -foot right -of -way of NE 3`d Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.68 acres General Information Owner Agent Site Address Contact Person Contact Phone Number Contact Email Address 441 Palms, LLC 1080 SE 23rd Street Okeechobee, FL 34974 Carrol Word 1080 SE 23rd Street Okeechobee, FL 34974 The east -west alleys in Blocks 1 and 2 and the platted but unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets. Stephen L. Dobbs 863 - 824 -7644 sdobbs @stevedobbsengineering.com Legal Description of Subject Property THE EAST WEST ALLEY IN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND THE EAST WEST ALLEY IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. AND NE 3RD AVENUE ROW FROM NORTH ROW LINE OF NE 13TH STREET LOTS TO THE SOUTH LINE OF NE 14TH STREET, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (NOTE: BLOCK 1, CITY OF OKEECHOBEE IS ALSO DESCRIBED AS BLOCK 1, OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Serving Florida Local Governments Since 1988 2 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'i Av. Characteristics of the Subject Property Future Land Use Map Classification Zoning District Use of Property Acreage Existing A small portion is Commercial; the vast majority is Single - Family Residential A small portion is CHV; the vast majority is H, Holding Vacant, unimproved alley and RMI 0.76 acres Proposed Commercial CLT, Light Commercial Medical /Dental Offices 0.76 acres Description of the Subject, Site and Surroundin • Area The subject of the abandonment /vacation is the 15' by 512.50' vacant, unimproved alley in Block 2; the 15' by 200' vacant, unimproved alley in Block 1; and the 70' by 315'; unimproved right -of -way of NE 3rd Avenue between NE 13th and 14th Streets. The property owner, 441 LLC, owns all of the lands to the north and south of the alleys (all of which are vacant), except the two southwest most parcels located immediately south of the alley in Block 2. The southwest most parcel owned by Muzaffar Husain, Trustee, contains a 2,240 square foot building listed as a professional office. The property immediately east of that parcel, is vacant and owned by Suraiya Hussain, Trustee. The following aerial photograph depicts the right -of -way proposed to be abandoned and the surrounding areas. We have also included, at the end of this Staff Report, a copy of the graphic provided in the Application showing the ownership pattern after approval of the abandonment /vacation. ( Gov, rnments in 1988 3 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. 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. The Applicant's responses are provided in Times Roman typeface, and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Segoe Privet. REQUIREMENT STAFFCOMMEN73' 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in the City's Comprehensive "Yes, the vacation is consistent with the P /an concerning abandonment /vacation of alleys City's Comprehensive Plan. The City's or road rights -of- -way. The surrounding Comprehensive Plan defines a Right of property owned by 441 LLC is designated Way as "Land in which the state, a county, of a municipality owns the fee Single-Family Residential on the Future Land simple title or has an easement dedi- Use Map and is in the process of a Small Scale cated or required for a transportation or Amendment (SSA) to designate it as utility use (9J- 5.0033 F.A.C.) Since the alleys have no current uses nor any foreseeable uses, they would meet the Commercial The anticipated medical office use is consistent with a Commercial Future Land Use requirement of abandonment. NE 3rd designation. Therefore, if the Future SSA is Avenue has no outlet to the north since the City Limits Ditch is to the north and north of the City Limits ditch is a pri- vate nursing home who would have no interest in private traffic traversing their property." approved, subsequent use of the 441 LLC property and the subject property to be abandoned /vacated will be consistent with City's Comprehensive P /an. 2. Right -of -way to be vacated is not the Neither the alley nor the right -of -way of NE 3rd sole access to any property, and the Avenue provides the sole access to any property. remaining access is not an easement. All properties abutting this alley and the right - of -way of unimproved NE 3rd Avenue have "This request meets this standard." vehicular access afforded from NE 13t1 Street. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. REQUIREMENT STAFF COMMENTS 3. Proposed vacation is in the public interest and provides a benefit to the City. "The existing alleys and NE 3`d Avenue We agree with ttie App /ieant's assessment of the ROW are currently unused and have no public benefits associated witti abandonment/ immediate or future use. This is in the public interest and a benefit to the City vacation of tAe subject alley and street rigtits -of- to remove the existing Rights of Way. way. This will reduce the land the City is required to maintain and return the land to the tax rolls." 4. Proposed vacation would not TAe Applicant Aas submitted a Letter of No jeopardize the location of any utility. Objection from CenturyLink and a signed Utility "Since there are no utilities in the exist- Company Auttiorization Form from FPL. On ttiis ing alleys or NE 3rd Avenue ROW form FPL noted that upon c%osing it will need an there is no jeopardy to any utilities. easement fora power /iiie in tAe NE 3rd Avenue There is a potential water main to be installed in the existing NE 3rd Avenue ROW. TAerefore, it wou /d be necessary for tAe ROW, but that right is proposed to be owner to provide easements in tAe NE 3rd protected by a proposed easement in the Avenue ROW for OUA's water main and FPL's limits of the existing ROW." power line. Serving Florida Local Governments Since 1988 5 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley and street right -of -way vacation /abandonment is consistent with the requirements of Sec. 78 -33 with the stipulation that the owner grant the needed easements for OUA and FPL. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management August 26, 2016 TRC Meeting: September 15, 2016 PB /BOA Meeting: October 20, 206 City Council 1st Reading: November 15, 2016 (Tentative) City Council 2nd Reading and Public Hearing: December 16, 2016 (Tentative) Serving Florida Local Governments Since 1988 6 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3rd Av. Muzaffar swab,. Husain, Husain, Trustee Trustee aka Serving Florida Local Governments Since 1988 7 Patty Burnette From: Sent: To: Subject: McCoy, Douglas L <Douglas.McCoy @flhealth.gov> Tuesday, September 13, 2016 2:51 PM Patty Burnette RE: TRC Meeting probably not sewer and water should be available. Original Appointment From: Patty Burnette [ mailto: rburnette@cityofokeechobee.com] Sent: Tuesday, September 13, 2016 10:37 AM To: bill@larueplanning.com; Robert Peterson; David Allen; McCoy, Douglas L; Herb Smith; Jeff Newell; jhayford@ouafl.com; John Cook; Marcos Montes De Oca; Robin Brock Subject: TRC Meeting When: Thursday, September 15, 2016 10:00 AM -11:00 AM (UTC- 05:00) Eastern Time (US & Canada). Where: Council Chambers Please confirm attendance. Meeting may not be the full hour.