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1147 #16-002-AC Blk 1&2 OkeeORDINANCE NO. 1147 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN ALLEYWAYS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 AND 2 AND A PORTION OF NORTHEAST 3RD AVENUE BETWEEN NORTHEAST 13TH AND 14TH STREETS, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERVING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON- EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. w+ 7.7 Cr.: -r7 1.0 m T H r. r 1-�� UNIIIIIIIIN CI uTrn m _ _ (P. m ,: C Cry Mom 3:A MINIM NIIIIMM Lr -» r r_z- mCD 77.1 C ", C..a fatiliaii rn WHEREAS, the City received Abandonment of Right -of -Way Petition No. 16- 002 -AC from Mr::' . -- — Carrol Word, Registered Agent of 441 Palms, LLC, for the closing of certain alleyways and; a portion of a certain dedicated right -of -way as described in this ordinance; and = a o- m >30•. WHEREAS, the Technical Review Committee for the City of Okeechobee reviewed and discussed proposed Petition No. 16- 002 -AC at a duly advertised public meeting held on Septembe;rli.3 15, 2016, and recommends approving with the following conditions: Proposed development 76 F to adequately address Off -site Concurrency Impacts; Proposed development to adequately,.., address sufficient access to the City /County drainage easement along Northeast 14t,'T ., Street and /or roadway access to the North and /or South; That easements be granted t9;:-.1,1; Florida Power and Light, and the Okeechobee Utility Authority as requested within the'.,,, Petition materials; and lastly, a notation that the North to South alleyway in Block 2 is NOTE included within the Petition; and WHEREAS, Petition No. 16- 002 -AC was reviewed and discussed by the Planning Board for the City of Okeechobee at a duly advertised Public Hearing held on October 20, 2016, determined such petition to be consistent with the Comprehensive Plan and recommends approval; and WHEREAS, the City Council reviewed Petition No. 16- 002 -AC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee, and would not jeopardize the location of any utility; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: The alleyways and right -of -way described hereafter is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: A FIFTEEN FOOT WIDE ALLEY RUNNING EAST TO WEST, BETWEEN LOTS 1 TO 4, AND 5 TO 8 WITHIN BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH A FIFTEEN FOOT WIDE ALLEY RUNNING EAST TO WEST, BETWEEN LOTS 1 TO 10, AND 17 TO 26 WITHIN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH THAT PORTION OF A SEVENTY FOOT WIDE RIGHT-OF-WAY KNOWN AS NORTHEAST 3RD AVENUE LYING BETWEEN THE NORTH BOUNDARY LINE OF NORTHEAST 13TH STREET AND THE SOUTH BOUNDARY LINE OF NORTHEAST 14TH STREET, AND SITUATED BETWEEN BLOCKS 1 AND 2, 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 Ordinance No. 1147 - Page 1 of 4 OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA.) SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors and assigns, a perpetual, non - exclusive easement for public utility purposes in and over a portion of the alleyway located in said Block 1, and including portions of Lots 1 and 8 of said Block 1, and a portion of abandoned Riverside Drive, as set out in the following legal description, and survey attached as Exhibit A of Ordinance No. 1147: A STRIP OF LAND 15.00 FEET IN WIDTH FOR UTILITY PURPOSES, BEING THE EAST 15.00 FEET OF LOT 1 AND 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE EAST 15.00 FEET OF LOT 1 AND 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, 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, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 89 °56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 °56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 00 °00'00" EAST ALONG THE EAST LINE OF SAID BLOCK 1, A DISTANCE OF 315.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89 °56'20" WEST ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00 °00'00" EAST, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING. SECTION 3: The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: Effective Date. This ordinance shall be set for Final Public Hearing to be held on December 13, 2016, and shall take effect immediately upon its adoption. INTRODUCED for First Reading and set for Final Public Hearing on this 15th day of November; 2016. ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second Reading a December, 2016. REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney James E. Kirk, Mayor I Public Hearing this 13th day of Ordinance No. 1147 - Page 2 of 4 James E. Kirk, Mayor ORDINANCE NO. 1147 - EXHIBIT A EXHIBIT "A" SHEET 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A STRIP OF LAND 15.00 FEET IN WIDTH FOR UTILITY PURPOSES, BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 00'00'00" EAST ALONG THE EAST LINE -OF SAID BLOCK 1, A DISTANCE OF 315.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89'56'20" WEST ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00'00'00" EAST, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING. PROJECT SPECIFIC NOTES; 1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH BOUNDARY LINE OF BLOCK 1, ALSO BEING THE NORTH RIGHT —OF —WAY LINE OF NE 13TH STREET, TAKEN TO BEAR NORTH 89'56'20" EAST. 3) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS—OF--WAY OR ABANDONMENTS. 4) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABILITY INSURANCE. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5) REPRODUCTIONS OF THIS DRAWING ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. KENNETH A. BREAUX, JR., PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4820 (LB NO. 8097) ' SKETCH OF DJ SC:Kl1T1U1N 11 PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 01/08/07 WC KAB FB /PG: N/A SCALE: N/A \JWG NO: 30153 —EASE JOB NO: 30153 f TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.twps @yahoo.com Ordinance No. 1147 - Page 3 of 4 0 25 50 SCALE IN FEET MAP SCALE: 1 INCH a 50 FEET INTENDED DISPLAY SCALE o N. LINE OF BLOCK 1 4 3 NE 1 4TH STREET (UNIMPROVED) 70' R/W 2 1 NOTE: THE EAST LINE OF BLOCK 1, CITY OF OKEECHOBEE (PLAT BOOK 5, PAGE 5) DOES NOT HAVE ENOUGH INFORMATION ON SAID PLAT, SO BLOCK 1, WAS SURVEYED BASED ON PLAT OF OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) 5 00 In 6 7 P.O.C. I S.W. CORNER P.O.B. OF BLOCK 1 S. LINE OF BLOCK 1 I N 89'55'20' E 185.00' T (BEARING BASE) o LEGEND; P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT M L(1 EXHIBIT "A" SHEET 2 OF 2 N.E. CORNER OF LOT 1, BLOCK 1 0 Z6. O o o Ffl s, m a Do n O i�S o W O vt1 z a - E —�-I 15.0' I-- 8 EAST LINE OF BLOCK 1, CITY OF OKEECHOBEE (PLAT BOOK 5, PAGE 5), ALSO BEING THE EAST 0 UNE OF RIVERSIDE DRIVE tri AND AOJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) w x O t0 O 0▪ ) z S.E. CORNER OF LOT 8, BLOCK 1 • NE 1 3TH STREET (CRASS ROAD) 70' R/W SKETCH, OF DESCRIPTION PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 01/08/07 WC KAB FB /PG: N/A SCALE: 1" = 50' \DWG NO: 30153 —EASE JOB NO: 30153 I TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 783 -2887 Fax: (863) 763 -4342 Email: kab.twps ®yahoo.com Ordinance No. 1147 - Page 4 of 4 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. 1 1_V -0 - AG 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 consultant is hired to advise the city on the application, the applicant shall pay the actual costs. ' ,-- Date Fee Paid: Y _ l Li _ ! LP Receipt No: y ,:/,`,,, Lj TRC Meeting: Publication Date: Q' S` �L� Letters Mailed: N/A PB /BOA Meeting: Publication Dates: O_ 0_ /Li SpOLetters Mailed: V ; City Council 1St Reading: 4_ /5T-/1 /5-/lp CMR Letter E- mailed: i { City Council Public Hearing: 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 3'D 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. P- - PI(✓ V Name of property owner(s): 441 Palms, LLC Owner(s) mailing address: 1080 3rd Street S"o' 3'41' to 1 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 whoseroperty ✓ 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) 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 Carrol Word 7, /9 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. C9J- S.UU33 P. A. C.). Since the alleys-have no current uses nor any has -since farseeablc u s-, th,y would mcct the i t uircment of abandai.mei.t. NE 3rd Avenue no ai.tla to the north .- ,. '.. I' . • .- .1111. ... .... • 1- • '..' .' . . • . - . 11 .•..- ..• .. • .. - .• 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 ietuin the land to the tax lolls. 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 ietuin the land to the tax lolls. 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). Preoared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863-7634131 File No.: 16 -8946 111111111111111111111111111111111111111 FILE MUM 2016003918 OR BK 774 PG 274 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:59:20 PM AMT 8300,000.00 RECORDING FEES 818.50 DEED DOC 82,100.00 RECORDED BY M Pinon Pas 274 - 275i (2 oas) 1 Parcel Identification No. 3- 16 -37 -35 -0010 -00020.0060; 3- 1637 -36 -0010 - 00010 -0010;3.15 -37- 35-0010 -00010-0060; 3 -1537- 35 -0010 -00020- 00230; 3-16-37-36-0010-00020-0210; and 3- 1637 -36- 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 Dledra Court, Orlando, FL 32825 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, lying 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 5, 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 singular 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: Witn68s N'df`ne: AGM ,.- rtAHMAkt ZE(Nt Witness Name: W'ness e: AAOHRAHHRN "lee (NI Witness Name SURAIYA HUSAIN, Individually and as Trustee MUZAFFAR HUSAIN, Individually and as Trustee Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Q yck 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 [ j is personally known or �] has produced ( t7 L as identification. ` [Notary Seal] 40 1 Notary Public ,/ Printed Name: My Commission Expires: S/ W/11 Book774 /Page275 CFN #2016003918 Page 2 of 2 0 This Instrument Prepared By ‘Iv And Return to Tom W Lonely, III 207 N.W. Second Street Okeechobee, Florida 34972 0 Lots 16,18,17, and 18 of Block 2, CITY OF OKEECHOBEE, according to the plat thereof o « recorded in Plat Book 5, page 6, public records of Okeechobee County, Florida. Z,o7 E= f g F TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in e b � N "� anywise appertaining. N ! , 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 N •, -- r Ci J land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that 6 , the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims c �• c of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing .o d subsequent to December 31, 1995, and reservations, restrictions and easements of record, if any, which R " T 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. Property Appraisers Parcel ID#: Grantee's SS #: Docu S B torySt mps paid lathe amount of EQL:K 3©2 PACE 352 Clerk otCircultC dato WARRANTY DEED THIB WARRANTY DEED Made the 2 5 t h 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 SURAYIA HUSAIN, his wife, whose postoffice address is 160 N.E. 13th 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). WPINESSEl`H: 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, viz: Signed, sealed and delivered in our sence: Witness's Signature Gulam Ali Kapadia Witness's name typed or printed 4f/. • 4-0 Witness'sP : tore Khadija Rnse Witness's name typed or printed THE NORTH AMERICAN ISLAMIC TRUST, INC. M. Naziruddin Ali, Secretary 2622 East Main Street Plainfield, Indiana 46188 (Corporate Seal) DO OK 382 PAGE 353 STATE OF INDIANA COUNTY OF mamuerre MARION I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared M. NAZIRUDDIN ALI known to me to be the Secretary of THE NORTH AMERICAN ISLAMIC TRUST, INC., the corporation in whose name the foregoing instrument was executed, and that he acknowledged executing the same for such corporation, freely and voluntarily, under authorityh duly vested in him by said corporation, and that the seal affixed thereto is the true corporate seal of said corporation, and that he Vi personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this.2 5 t flay of July, 1098. Notary Public's 3" a, _ ' • e )lahauddin A. Rade' Notary's printed name My Commission Expires: O c t o b e r 8, (Notary Seal) J 1996 OR Bk 4673 Pg 3054 o.rosc.nt nn Macni Orange Co FL 4714 THE NORTH AMERICAN ISLAMIC TRUST INC. 10900 W. Washington Street o Indianapolis, Indiana 46231 o Tel: (317)839.9248 o Fax: (317) 839.2511 TO WHON IT NAY CONCERN RESOLUTION OF THE BOARD OF TRUSTEES In n meeting of the Board of Trustees of The North American Islamic Truot, Inc., (NAIT) held on Nay 2, 1992 the Board unanimously reaolved that: °The General Manager of The North American Islamic Trust, Inc., (NAIT), Mr. M. Naziruddin Ali in hereby authorized to execute any necessary documents required for the sale or purchase of any investment real estate of The North American Islamic Trust, Inc. ouch as Dupage Property, Brementovn TovnhomesProject, Fairfield Court Partnership Project, and Dr. Hussein Clinic real estate.° Basoam Osman, Chairman NAIT Board of Truoteeo State of Indiana County of Marion J M. Naziruddin Ali, Secretary NAIT Board of Trustees Subscribed and ovorn before me this 14th day of Decanber, 1992. J1� �•Aff ,,tt`''tf OGK 382 Pact 354 • Bahauddin Bade Notary Public Hy commibaion expires: October 8, 1996 I certify that this is a true and exact copy of the original. KECFf. ft(a;nf,l, � ,I &1V. OHEECI it!�'F � i;C. i ; Ga 286597 Bahauddin Bade 96 SEP —5 (11.1 °: 0(Notary Public My commission expir` iiR ftEWB996 County of Residenciee`Ef'`{ C 1T COW: ..,n,7 era Q4c1 Reten 1,; (o,cla. u1N.ddnued romped ee.eloptl Chester B. Griffin, Esq. Names P. O. Box 1270 "4"' Ft. Pierce, FL 34954 Tel. Iearum.ot Prepared by ,..Chester B. Griffin, Esq. of Neill Griffin Jeffries & Lloyd, Chartered Ada` "311 So. Second Street Ft. Pierce, FL 34954 Propeny Apprtlts. Parcel identification Polio Nombe0el: Oraotealal S.S. a (,) CForm Dm In. Seminole Pam & Prietins 08 90 94 SPACE ABOVE THIS LINE FOR PROCESSING DATA WARRANTY DEED INDIVID. T0190100. RAMCOFORM01 Lo��K`378� S11 176 FSCD �,:' '�,. 961111111S'11!?C`1 SHARUF! i2UUErr (SUi. CLERK OF CIRCUIT COU:. •;n,uuiontary stamp: paid In the amount of (t Kitt Of Circuit Url GC,I •. SPACE ABOVE THIS LINE FOR RECORDING DATA Zilie 1'tli ttrrttttt J PEett, Made the 8th day of May 19 96 , by MUZAFFAR HUSAIN and SURAIYA HUSAIN, his wife hereinafter called the Grantor, ato SURAIYA HUSAIN, as Trustee of the Suraiya Husain RevoCal1 T get AArepJnent Platt 1E0B1(I.E9.9hth Street.. Okeechobee. FL 34947 w ore po olllltce ad hers is hereinafter called the Grantee (Wherever used herein the terms 'Grantor and 'Grantee' Include all the parties to this Instrument and the hens, legal representative., and assigns of Individuals, and the successors and insigne or corporations, wherever the context co edmlle or requires.) itnesseth, 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 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, including but not limited to all powers listed in Florida Statutes 689.071. lilt ZDgether, with all the tenements, hereditnments and appurtenances thereto belonging or in anywise appertaining. Zs Ptifir ORD to giULD, the same in fee simple forever. cAttD 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 whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 19 95. pit Witness Whereof, the said Grantor has signed and sealed these presents the day and year first above written. Signed, sealed and deliver d in the presence of: Vic: Wanes. Signature lax to first 1),0p(or) Chester B. iffin Prin0Cly tide Witness S.gnmur /.s ro fir. Gunton Mary van der Lugt Printed Name Mine. Signature las to Co•Grunmr..1 any. Printed Name Witness Signature ar to (7o.Onnmr. it any) Printed NAM, STATE OF FLORIDA Grantor Signature Muzaffar Husain Printed N.me 150 N. E. 13th Street, Okeechobee, FL 34674 r,,, Office Address sr Co .Oronmr Signature, If any) Suraiya Husain CLAn- Prinrcd N.me 150 N.E. 13th St.. Okeechobee FL 34974 Post Office Address COUNTY OF ST. LUCIE ) I hereby Certify that on this day. before me. on officer duly authorized 1 dminister omhs and take acknowledgmems, personally appeared Muzaffar Husain and Suraiya Husain, his wig@, known to me to be the person S executed the same, and an oath was not taken. (Check onc:)Said person(s) is /are personally known to me. 0 Said person(s) provided the following type of identification: described in and who executed the foregoing instrument, who acknowledged before me that they NOTARY RUBBER STAMP SEAL MARY VAN DER LUGT kl MY COMMISSION / CC355562 EXPIRES April 7, 1990 BONDED 10)0) TROY rnN IN SIIMNC(. I1C. 1 Witness my land and official seal in the County and State last aforesaid this Bthday of May A.D. 1911. I',itned Name van der Lugt AN 1 C 2016 A 1.f. 9, 2016 City of Oiwec:hobee Attn: Mr. !Marcos .Montes De Oca, C • mmistrator 55 SE 13'd Street (....lkeechobee, FL 14974. Soltiect: 441 Palms, VLC Abandonment of NV 3r6 Avenue from NINA,' 1.3th Street to NW 14th Street 3nd the Alleys in Blocks 1 and 2 of the City of Okeechobee Plat Dear Mr. Montes De Oca, own the following property City of Okeechobee lots 19 & 20, Block 2 Do hereby consent or agree, with my!our signature below. to the c sing of the a! ey 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 Suraiya Husain, Trustee Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by who is personally known to me or who produced identification and who did (did not) take oath. (Seal) Commission No. (Name of Notary typed, printed or stamped; (date) as 4*,,e Alb #17-- V21 • An 7 0 2075 August 9; 20 I 6 City of Okeechobee Attn: Mr. Marcos Moates De Oca, City Acim±ist-rator 5.5 SE 3'6' Street Okeechobee, FL. 34974 Subject: 441 Palms, EEC Abandonment of NE 3"1 Avenue from NW 13'h Street to NW EV 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 mylour signature below, to the closing of the alley and/or street described below: EE.ist-ANtest Alley south of lots 1-10 and north of lots 17-26 in City of Okeechobee Block 2 041'21 t C)Wilet Muzaffar Husain. Trustee Printed Name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this by wile is personally known to me or who produced identification and who did (did not) take oath. (Seal) Commission No. i,Name of Notary typed, printed or stamped) (date) as CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the following Utillty 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, net „( t 4.0 C1t� -J'<k 863- 452 -3473 863- 467 -3721 or Tia A Donna Padgett /4 0 tiI,.t J,,r t„tQ� e I. o $1-, t.lJ i i i A% ' 863.67 -3708 _ _ Y"� i________06-1-- -Vt� �' ?�t..lJL, (.4,.&0_, A. Aut torized Signature n A h 142.1 J,P ilO?)-ki b'?- 37 it 31 V. Typed Name & Title Phone No. Date Century Link 863- 452 -3473 Tess Bentayou tess.bentayoOcentutyllnit.cont 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 Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CenturyLink LI4;'T''l' 'irk vI NO OBJECT Icll N May 20. 2016 Mr. Steven L. Dobbs, P. E. 1062 .lakes Way Okeechobee. FL 34974 SUBJECT: PROPOSED VACATE OF NE 3rd AVE AND ALLEY IN BLOCK 1 AND TWO ALLEYS IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OKEECHOBEE COUNTY, FLORIDA; PRN 777252 Dear Mr. Dobbs: Please be advised that Embarq 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. 22.. 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 Nat 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. 4,1 All of that certain 15' wide alley lying between Lots 11 -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 be any questions or concerns, please contact me at 407-814-5318 or by email at ctori i.bucherLti:cenu t-v link.com. Sincerely, EMBt1)Z(ZJ FLORIDA, INC., D /B /A/ CENTURYLINK 7 {. Victoria S. Bucher, Sit /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 Vidoria.bucheres' centurylink.coi s ww centurvlink corn I A' azt 2' 1 JMK of Okeechobee 2 E, CD 3' .. - 8 150-0000. w ■ smotT - a 00 0000 W 50. 00 ....161 MI PtAt CI .1 POICPUITY IL, GO ., . PRY ;ftd, MOM I. • 274 .... • ... - - ''' .."'. .... - - ... 1 a C�. 0 1 t n� 1 r 2� r, z 3 FP 1 C £L *E•ZSt-£99 E 0 2. a co 1 op op wand uopezpoy ;ny saluedwo) klIUO w aQ� �Ss N I o��od$i� 15' A1£r (TPTT ) 1! i SS *MN ON PLAT Of MOM 011M PAD ...NAG PITOPERTY VEST Or TAYLOR OM (R/, /W PAGE 2n ie AFTER ABANDONMENT SITE PLAN 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.bentayoOcenturylink.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 A.%andon m,ert+ o � IllE 34 Nye. 1rvm VE 134"54- 40 tJW /5"4.: John Hayford and 11Jcr in Docks 442 o4 -1-hc 06 863 - 763 -9460 Vb D 6SECTZONS 100 SW 5th Avenue thorize. 6s•154e- het Tim Typed Name & Title -Ni-5040 0/ b Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 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.bentayo0centu rylink.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 Date Hamrick-Estate -7-k z -7 rife /,14/11.2 ;e k 7-4. u-r 7 o ,A1.r 77-/-r_. / Gil Culbreth, Co- Trustee , 1241_ - ,.--/--- i,U k .j z c-f --�/10 e 7-7 863 - 763 -3154 Authorized Signature 143 -7633 i j y G - ? -4 Typed Name & Title Phone No. Co o T { ".r 4L Date CITY OF OKEECHOBEE 55 SE 3rd AVENUE OKEECHOBEE, FL 34974 U TF RECEIVED 1 72016 ZIP 34974 041L11251539 Sunshine State Surgicenter ASC 1655 Hwy 441 N NIXIE 333 GE 1 0610/1x/.16 aETLRv'a T." 5E"ND5R i:1NABLE. To FORWARD BC: 349742g355 * 1106- 03 7 19- 05 - 45 II'I�li�'I�I�I'' III, I, I�,( IiII, IIIII,I,I,,,I,Il,li'I,I,II,II„I City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: October 5, 2016 The Planning Board will be considering Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide alleyway running East and West in Blocks 1 and 2; and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, containing approximately 0.76 acres. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, October 20, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette ncityofokeechobee.com. The Planning Board will make recommendations concerning the Petition to the City Council for consideration, tentatively scheduled at a final Public Hearing on December 6, 2016, 6:00 p.m. The Petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 5/12/2016 THIS MAP HAS BEEN COMPILED FROM THE MOST AUTHENTIC INFORMATION AVAILABLE AND THE OKEECHOBEE COUNTY PROPERTY APPRAISERS OFFICE DOES NOT ASSUME RESPONSIBILITY FOR ERRORS OR OMMISIONS CONTAINED HEREON City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: October 5, 2016 The Planning Board will be considering Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide alleyway running East and West in Blocks 1 and 2; and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, containing approximately 0.76 acres. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, October 20, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnette (a,cityofokeechobee.com. The Planning Board will make recommendations concerning the Petition to the City Council for consideration, tentatively scheduled at a final Public Hearing on December 6, 2016, 6:00 p.m. The Petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator City of Okeechobee 55 SE Third Avenue Tele: 863 - 763 -3372 Ext. 218 Okeechobee, FL Fax: 863 - 763 -1686 Dear Property Owner: October 5, 2016 The Planning Board will be considering Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide alleyway running East and West in Blocks 1 and 2; and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, containing approximately 0.76 acres. You are receiving this courtesy notice as a property owner within 300 feet of the location. You are invited to attend and be heard in person at the Public Hearing, held at City Hall, Rm 200 on Thursday, October 20, 2016, 6:00 p.m., or as soon thereafter as possible; or you may submit your questions, comments or objections in writing to the Board by contacting me at the number above or email: pburnettecityofokeechobee.com. The Planning Board will make recommendations concerning the Petition to the City Council for consideration, tentatively scheduled at a final Public Hearing on December 6, 2016, 6:00 p.m. The Petition file can be viewed at City Hall, Rm 100 during normal office hours. The agenda is available online at cityofokeechobee.com or contact my office to have a copy emailed /faxed. Respectfully, Patty M. Burnette General Services Coordinator C & J Investment Enterprises P 0 Box 176 Kinston, AL 36453 JMK of Okeechobee, Inc. 945 SE 23rd St. Okeechobee, FL 34974 New American Physical Therapy 1204 N Parrott Ave Okeechobee, FL 34972 Okeechobee Utility Authority 100 SW 5th Ave Okeechobee, FL 34974 Sunshine State Surgicenter ASC 1655 Hwy 441 N Okeechobee, FL 34972 Hamrick & Sons Inc. 601 12th St W Bradenton, FL 34205 Lifestyles & Healthcare Ltd. 1646 Hwy 441 N Okeechobee, FL 34974 Muhammad & Shanaz Nooruddin 7993 Steeplechase Ct. Port St Lucie, FL 34986 Seniors "R" Able, Inc. P 0 Box 759 Okeechobee, FL 34973 Suraiya Husain Trustee 12138 Diedra Ct. Orlando, FL 32825 'OAr Muzaffar Husain Trustee 12138 Diedra Ct. Orlando, FL 32825 William H Mason 1032 SW 20th Ave Okeechobee, FL 34974 OHCF Properties LLC P 0 Box 759 Okeechobee, FL 34973 State of Florida, D.O.T. P 0 Box 1249 Bartow, FL 33831 Okeechobee County Administrator Robbie Chartier 304 NW 2nd Street, Rm 123 Okeechobee, FL 34972 300 SURROUNDING PROPERTIES ST ZIPCODE W z >- I N U ADDRESS OWNERS NAME PARCEL NUMBER 364530000 10 O N CO 10 00 N CO 10 00 M L0 N CO CO LO CO CO L0 N CO N CO 10 N CO N CO LC) N CO N M LO N CO N CO 10 N 00 M LO N CO N CO O M 349740000 349740000 349863120 349863120 349863120 349730759 349744221 349730759 M 00 co co J J J J J J J J J J J J J J J J J J J J J J J J J Q LL w w LL LL LL LL LL LL w LL LL LL tL w LL w w W LL w LL LL LL W W W W W W W W W W W w Z w W w W U U U W W W W w 0 m CO CO m J J J CO CO CO CO m ZZO00000000000000000000000HH1 -2222 0 O w z z z z z z z z z z 0 0 0 0 0) 0) 0) 0 U 0 U 0 U - 0aaaaaaaaaawwwWF -F-F -W WwWHW W W W W Z ct CC CC C C 0_ O_ CC O_ CC CC O_ Y Y Y Y O O O Y Y Y Y a Y m 0 0 0 O O O O O 0 0 O O O O O. O. O. 0 0 0 0 CO 0 PO BOX 176 C & J INVESTMENT ENTERPRISES F- w w 0000000000E- Q Q Q Q Q a a Q Q Q U) H CC CC O_ CC Et O: 1Y CC CC O_ 0 cn 0 0 0 0 0 0 0 0 0 0 Cr 2 W W W W W W W W W W N I- 0 0 a 0 a o o 0 0 o N 00 00 CO CO CO CO 00 00 CO CO 07 - CO CO CO CO CO CO CO CO CO CO ✓ r r r r r r r r r r Ln O N N N N N N N N N N (D r r r r r r r r r r O) HAMRICK & SONS INC O O 0 O i O O O O O O O LC) ti co w W 1- ft w w N z W W 0) F- LL LL N 2 z W W F- 0') CC LL LL N z W W F- 0) F- O_ LL LL N z W W F- 0) F- W W F- 0) Q >- W W F- 0) CC W W F- 0) Q >- W W 0) CC F- i W W F- 0) F- i Q 07 z z z 0) z CC 0) z 0) z 0) 2 0) 2 0) 22 0) 2 0 L0 N O O 10 O O O O O 10 co M 10 M 0) 2 2 0 (0 O O O (D O O O O O In M CO 2 0) 2 35- 0010 - 00150 -0110 0) 2 35- 0010- 00020 -0190 U z W W m 0 2 U W W 0 w 0 1646 HWY 441 N LIFESTYLES & HEALTHCARE LTD 2- 09- 37- 35 -0A00- 00010 -0000 1032 SW 20TH AVE MASON WILLIAM H m O O O O O O O O Ln co co M 1204 N PARROTT AVE 7993 STEEPLECHASE CT > O.. N a z a W a W 2u) F- _106 U0 Q Fri 2 2 2 a Q U z W a 2 Q w0 z z 7993 STEEPLECHASE CT NOORUDDIN MUHAMMAD & SHANAZ O O O O LO O O O O O Ln co M 10 M 7993 STEEPLECHASE CT NOORUDDIN MUHAMMAD & SHANAZ PO BOX 759 OHCF PROPERTIES LLC 2- 10- 37- 35 -0A00- 00001 -B000 100 SW 5TH AVE OKEECHOBEE UTILITY AUTHORITY m O O O O O O O O M L.6 100 SW 5TH AVENUE OKEECHOBEE UTILITY AUTHORITY 2- 15- 37- 35 -0A00- 00002 -B000 rn rn v N X O O m m O O O_ O_ U O z W a co E a0 - u_ CC _O w E w 0) 07 2- 09- 37- 35 -0A00- 00010 -A000 1655 HWY 441 N SUNSHINE STATE SURGICENTER ASC 00 CM w CM CAI ei w -.' N z • ■ M 0 X 3j N D 00 —1 cyl O 7 M 0 w O a Z < D CD O O G) CD m CD = = CD 0 SU cr CD Cn D V TI r w co v - n C 3J m 30 n. CD V 3J 0 m 3J 0 z m ?;3 D r E cn r r 0 0 D z ..1 ill `Swlvd 64h NE 3RD AVE BETWEEN NE 13T" & 14T" STREETS 1S3M a Nd 1SV3 z 0, r 0 0 X cn Qo N Qo n -v 0 xl 0 z 0 V C 0 C!) MI 0 D 0 D rn MI cr -n 0 0 v rn rn D 71 C z z z 0 D r r D m 0 0 0 co rn x N 0 90 CI rn c) rn E co rn xi 9, iv 0 9, a, M D 0 D co D Z CI 0 Z rn Z 0 - n 0 m 0 Z Z O ...% 0) O O N D 0 Z 0 imi 0 m 0 T Nu C W r- 0 z m D XI Z 0 CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 - 763 -3372 Fax: 863 - 763 -1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING /SPECIAL EXCEPTION/VARIANCE PETITION(S) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): (ra - A C Date of 1st Public Hearing: OCtO bey a )a0Ip 15 Fa) t -cc i' & let jtA-a- rum 103 E - 1 --+-cc afro Address of subject property (or Legal if no address) 13100ts tq.,2 d• et- 1)Lr ft c 'f /VIE 30 Ave • at/key) I, Du l`Ca l len , herebyl^ LJc Ott ati ty4 Sfreaets edit v f o ttK'hebe2 P135, P65 ertify that I posted the "Notice of Public Hearing" sign in a cordance with the above instructions on 'talc() r IO 010110 , and will remove sign on December 3BI . Signature:' STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was ack,6wledged before me this who is personally known to me or produced !/. 6WinittE (signature) Print, t j'pe or stamp n of Not n st�i n t{u� r�u - r ) alna ti.- Hail 13¢,titQetoater -F11,711 -6: -"wow! W -11" ,pbst •-# t n d -Q ti) obtiv 1,e6( -to LGY-xil DO.fahor0r,. T h q WS G by- 1,, c,_ 'y l S Date: /0 " / D `t. of D At1Jl.Uiet 41k SEAL: Y'Pc Notary Public Stat* of Florida Patty M Burnetta My Commtraton 00 008187 Etcpttlrt+ 10/02/2020 as identification. 'o z 06OM 1O2JVO PREPARED FOR THE EXCLUSIVE USE OF 1 IZ 0 O 1 n m J €d 4 4 35.0 05 U1 Ro og Ao��om9A (t1 I zmgogmo tag {g0,R I 15' ALLEY (NOT IN USE) I H = S C N (D 5' 10° N 00 00'00" E 1 50.00' R s 00 00'00' W 1 so.00' N S 00 °00'00" W 1 50.00' 1 n r 0 0 N N 00 °00'00" W 1 50.00' so 0 m HrO IN gQ 4 m S 00'00'00' E 150.00 N N NE 3RD AVENUE (UNIMPROVED) 70' R/W 10.51 ACRES 00000'00" E 1 50.00' N z u {0 s 00 °00'00" w 1 50.00' N OO °00'00" E 1 50.00' m S 00 °00'00" W 1 50.00' 15.00' 5 00 °DO'DOl W 1 50.00' RIVERSIDE DRIVE AS SHOWN ON PLAT OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) NNtl B"��d01 -' )13380 liOUV l ,DS'Z LS 3 „OZ,95,68 N ,OO'00Z 3 „03,95069 N i -1 2�+ u Q RR RI 10 m 7o CO z 0 0 z z 0) m V z 8 9 17 16 17 16 20 ! 21 20 21 29 28 OE 0 B ST LUCIE COUNTY, FLORIDA SECTIONS :5.16.21a 22 70W6 SOUTH RANGE 35 EAST Ilf1,., .,. 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MEN e,;',/ THaSEI PR E_E",E---1 „ F < F■ ■ :/7 " ' - - \ 1 , OK EEC HOE,E.-.E= COM21AN R-E , .• ■ , 1 , I rrl C") 00 rn Detail by Entity Name FLORIDA DEPARTMENT OF STATE DIVISION OF 0RP0RATI0Ns Detail by Entity Name Florida Limited Liability Company 441 PALMS, LLC Filing Information Document Number FEI /EIN Number Date Filed Effective Date State Status Principal Address 1080 SE 23RD STREET OKEECHOBEE, FL 34974 Mailing Address 1080 SE 23RD STREET OKEECHOBEE, FL 34974 Registered Agent Name & Address WORD, CARROL 1080 SE 23RD STREET OKEECHOBEE, FL 34974 Authorized Person(s) Detail Name & Address L16000056214 NONE 03/18/2016 03/21/2016 FL ACTIVE Title MGR WORD, CARROL 1080 SE 23RD ST OKEECHOBEE, FL 34974 Annual Reports No Annual Reports Filed Document Images 03/18/2016 -- Florida Limited Liability Page 1 of 2 View image in PDF format http: / /search.sunbiz.org/ Inquiry / CorporationSearch /SearchResultDetail ?inqui... 8/4/2016 Okeechobee County Property Appraiser - Map Printed on 8/4/2016 12:43:4_, Page 1 of 2 448 36 2. .,- 44 I p.:4 • NE 1 3TH „,7*71 1. 2 1 ie f .r- lat, riF , ,, 4 ..",' ci. --- ' ' ., ,,, ... : s ' ."..1 24=2 ft PARCEL: 3-15-37-35-0010-00010-0010 - VACANT (000000) fI CITY OF OKEECHOBEE LOTS 1 TO 4 INC BLOCK 1 , IName:441 PALMS LLC LandVal $1207 00 Site. NE 13TH ST, OKEECHOBEE BldgVal S0_00 Mai 1080 SE 23RD ST ApprVal $1,207 00 l: OKEECHOBEE. FL 349745361 JustVal $1,207 00 w,- Sales Assd $1.207 00 i.:Info Exmpt S000 Taxable $1,13900 This information, updated: 7/21/2016, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the governmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or http://wwW.okeechobeepa.com/G IS M ap asrpi boi i bch bn I gcafcefoc 8/4/2016 1 7`,,M4M. WArni mt^..,m1X4N. 0t RECEIVED from Staff Report Alley and Right -of -Way Abandonment Prepared for: The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16 -002 -AC t ' Planning & Management Services, Inc. 13'4 Jackson Street, Suite 206 Fort Myer, Honda 239- 331 336 6 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'd 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 3rd Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.76 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 Le • al Description of Sub'ect Propert 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. n Ilunida Luial t:u.,rrin'tc E115 ?itnt 2 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'd Av. Characteristics of the Subject Propert 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 RAN 0.76 acres Proposed Commercial CLT, Light Commercial Medical /Dental Offices 0.76 acres Description of the Subject Site and Surrounding 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. Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE Yid Av. Consistency with Sec. 78 -33, Vacation of Rights -of -Wa 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 Print. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. TAere is noting in tAe City's Conipr-e/ensive "Yes, the vacation is consistent with the P /an concerning abandonment /vacation of alleys City's Comprehensive Plan. The City's or road rrgtits -of -way. TAe 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-Fan/4 Residential on ttie Future Lana' simple title or has an easement dedi- Use Map and /s in ttie process of a Small Scale cated or required for a transportation or utility use (9J- 5.0033 F.A.C.) Since the alleys have no current uses nor any Amendment (SSA) to designate it as Commercial The anticipated medico/ office use foreseeable uses, they would meet the IS consistent witti a Commercial Future Lana' Use requirement of abandonment. NE 3`1 designation. TAerefore, if ttie 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 ttie 441 LLC property and tie subject property to be abandoned /vacated will be consistent wit/7 City's Cormpre/ensive P /an. 2. Right-of-way to be vacated is not the Ne /t/ief tAe alley nor tote rigAt -of- way of NE 3rd sole access to any property, and the Avenue provides t/7e sole access to any property remaining access is not an easement. A / /proper ties abutting t/7is. alley and the rigAt- of -way of unimproved NE 3rd Avenue Dave This request meets this standard." vetiicu/ar access afforded from NE 13tA Street. Scr sing Florida Loyal r:uti ernntrnrti',In t') 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 3rd Avenue We agree with the Applicants assessment of the ROW are currently unused and have no pub /ic benefits associated with abandonment/ immediate or future use. This is in the public interest and a benefit to the City vacation of the subject alley and street rights -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 The Applicant has 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 Authorization Form from FPL. On this ing alleys or NE 3rd Avenue ROW form FPL noted that upon closing it will need an there is no jeopardy to any utilities. easement for a power/ine in the NE 31-d Avenue There is a potential water main to be installed in the existing NE 3`d Avenue ROW Therefore, it would be necessary for the ROW" but that right is proposed to be owner to provide easements in the 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. St r4 in, Florida Luau t:nra•nl n.a nti 9bxr (alh5 5 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'' 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 6, 2016 (Tentative) furring Lucal Gt. t 1 retti tiintic [9tiS 6 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3r° Av. Bobbie Jenkins From: Sent: To: Bobbie Jenkins Tuesday, December 20, 2016 4:19 PM Property Appraiser - Mickey Bandi; Celeste Smith; 'csoword90 @gmail.com'; 'Steven L. Dobbs'; Bill Brisson Cc: Lane Gamiotea; Patty Burnette Subject: City of Okeechobee Ordinance No. 1147 Attachments: Ordinance No. 1147 16- 002 - AC.pdf Tracking: Recipient Read Property Appraiser - Mickey Bandi Celeste Smith 'csoword90 @gmail.com' 'Steven L. Dobbs' Bill Brisson Lane Gamiotea Read: 12/29/2016 8:01 AM Patty Burnette Read: 12/21/2016 8:38 AM Good Afternoon, Attached you'll find Ordinance No. 1147, adopting Abandonment of Right -of -Way Petition No. 16- 002 -AC. This copy is for your records. Should you have any questions, please contact me. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Monday, December 12, 2016 1:58 PM To: Bill Brisson Cc: Lane Gamiotea Subject: FW: December 13, 2016 City Council Meeting Attachments: Agenda 12 13 16 Ex 1.pdf; Agenda 12 13 16 Ex 2.pdf; Agenda Dec 13 2016.pdf My apologies, i chose the wrong "Bill" in the original e:naii. Bobbie 1 Jenkins Deputy Clerk City of Okeechobee 55 SE 3'd Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic rnail to this office. Instead, contact our office by phone or in writing. From: Bobbie Jenkins Sent: Thursday, December 08, 2016 3:37 PM To: Bill Saum; LaRue - Gloria Cc: Lane Gamiotea; Patty Burnette Subject: December 13, 2016 City Council Meeting Attached is the Agenda for Tuesday night's meeting as well as a copy of Exhibit 1 (16- 002 -AC) and Exhibit 2 (16- 003 -AC). Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Thursday, December 08, 2016 3:29 PM To: 'Steven L. Dobbs'; 'csoword90 @gmail.com' Cc: Lane Gamiotea Subject: December 13, 2016 City Council Meeting Attachments: Agenda 12 13 16 Ex 1.pdf; Agenda Dec 13 2016.pdf Tracking: Recipient Read 'Steven L. Dobbs' 'csoword90 @gmail.com' Lane Gamiotea Read: 12/14/2016 2:43 PM Good Afternoon Mr. Word, This is your official notice for the final reading of petition no. 16- 002 -AC. Attached is a copy of December 13th's City Council Meeting agenda as well as Exhibit 1. Your item is VIII.A. The meeting begins promptly at 6 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Bobbie Jenkins From: Bobbie Jenkins Sent: Wednesday, November 09, 2016 1:09 PM To: 'csoword90 @gmail.com'; 'Steven L. Dobbs'; Bill Brisson; LaRue - Gloria Cc: Lane Gamiotea; Patty Burnette Subject: November 15, 2016 City Council Meeting Attachments: Agenda Nov 15 2016.pdf; Agenda 11 15 16 Ex 1.pdf Good Afternoon Mr. Word, This is your official notice for the first reading of petition no. 16- 002 -AC. Attached is a copy of November 15th's City Council Meeting agenda as well as Exhibit 1. Your item is VIII.C. The meeting begins promptly at 6 p.m. Please call us if you have any questions or if you can not attend. Bobbie J. Jenkins Deputy Clerk City of Okeechobee 55 SE 3`d Avenue Okeechobee, FL 34974 Phone: (863) 763 -3372 ext. 215 Fax: (863) 763 -1686 NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing. 1 Patty Burnette From: Patty Burnette Sent: Tuesday, November 08, 2016 2:46 PM To: 'Steven L. Dobbs -- archive'; 'csoword90 @gmaii.com' Subject: Abandonment of Right -of -way Petition No. 16- 002 -AC Attachments: PB Minutes 102016.pdf Good Afternoon Gentleman. Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee made a motion to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide East/West alleyways in Blockl and 2, and a portion of Northeast 3rd Avenue between Northeast 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres. A copy of the Planning Board/ Board of Adjustment and Appeals Minutes from the October 20, 2016 Meeting is attached for your information. Should you have any questions, please let me know. Thank you, Patty Pa41-9 M. 6 ur genera( Services Coordinator City of Okeechobee 55 Southeast 3rd 'Avenue Okeechobee, ''L 34x74 ter: 863- 763-3372 ext. 218 'Fax: 863-763-1686 e- niaif: website: NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Lane Gamiotea From: John Cook <jrcook1648 @yahoo.com> Sent: Friday, November 04, 2016 5:17 AM To: Lane Gamiotea Subject: Re: Review Ord for Agenda - Deadline tomorrow Attachments: image001.png; image004.gif; image005jpg; image001.png; image004.gif; image005.jpg; image001.png; image004.gif; image005jpg Lane; the ordinance is fine; send it to Bill if you have not already; also, isnt this the one that Marcos objects to closing the street right of way? From: Lane Gamiotea < Igamiotea(cityofokeechobee.com> To: "John Cook 2nd (jrcook1648(ayahoo.com)" <jrcook1648 @yahoo.com >; Bobbie Jenkins <bjenkinscityofokeechobee.com>; Robin Brock <rbrock@cityofokeechobee.com> Cc: Marcos Montes De Oca <mmontesdeocacityofokeechobee.com> Sent: Thursday, November 3, 2016 4:42 PM Subject: Review Ord for Agenda - Deadline tomorrow John, please review this ord, its to go on the agenda for Nov 15 (the new deadlines went into effect this week meaning its due tomorrow O) I've got canvassing board duties from 9 am till ? ? ?? (absentee ballots are canvassed) Bobbie & Robin are in so please reply all to this email so they'll be able to know what to do. Thanks! Lane Earnest - Gamiotea, CMC City Clerk/Personnel Administrator City of Okeechobee 55 Southeast 3rd Avenue, Okeechobee, FL 34974 Office: 863.763.3372 x215 Fax: 863.763.1686 Cell: 863.697.0345 PUBLIC RECORDS NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Florida Statute 668.6076 CITY OF OKEECHOBEE E -MAIL DISCLAIMER: Florida has a very broad public records law. Most written communications to or from local officials regarding city business are public records available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. 1 Patty Burnette From: Sent: To: Cc: Subject: Attachments: Lan Attached `> th- on, Steven L. Dobbs <sdobbs @stevedobbsengineering.com> Wednesday, October 19, 2016 3:59 PM Lane Gamiotea; Patty Burnette csoword90 @gmail.com FW: CAROL WORD EASEMENT 30153 -CAROL WORD EASEMENT.pdf Vito r Please do not hesitate to call wit, questions. sdobbs @stevedobbsengineering.com *>***** ** * * * * *+ * * ** * *> * ** * ***4' * * * ***** This =- :ail and any files transmitted with it ire. proprktar and intended f :,r the 11W T Ke indivkliial or er3t�t to whom they are addressed, if you have received this e-mail in error please naz tiify the sender_ Please note that a�� views or opinions presented in this e -mail are solely those of the author and do not necessarily represent these of Steven 1, Dobbs Engineering,, LLC, The recipient should check this ..,.mail and any attachments for .the presence of viruses, SLID Engineering accepts no liability for any dagnage caused Py arny, virus transmitted by yl thisrriaiN, ***** **k** * * ** * *'** * * * * * *#** * * ** * * ** 1 EXHIBIT "A" SHEET 1 OF 2 DESCRIPTION: (PREPARED BY SURVEYOR) A STRIP OF LAND 15.00 FEET IN WIDTH FOR UTILITY PURPOSES, BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE EAST 15.00 FEET OF LOT 1 & 8, BLOCK 1, AND THE EAST 15.00 FEET OF THE ALLEY IN SAID BLOCK 1, RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 22, PUBUC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID BLOCK 1; THENCE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'56'20" EAST ALONG THE SOUTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 1; THENCE NORTH 00'00'00" EAST ALONG THE EAST LINE OF SAID BLOCK 1, A DISTANCE OF 315.00 FEET TO THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE SOUTH 89'56'20" WEST ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 15.00 FEET; THENCE SOUTH 00'00'00" EAST, A DISTANCE OF 315.00 FEET TO THE POINT OF BEGINNING. PROJECT SPECIFIC NOTES; 1) THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY. IT IS A SKETCH AND LEGAL DESCRIPTION ONLY. 2) BEARINGS SHOWN HEREON ARE BASED ON THE SOUTH BOUNDARY UNE OF BLOCK 1, ALSO BEING THE NORTH RIGHT —OF —WAY LINE OF NE 13TH STREET, TAKEN TO BEAR NORTH 89'56'20" EAST. 3) NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR EASEMENTS, DEED RESTRICTIONS, ZONING SETBACKS, RIGHTS —OF —WAY OR ABANDONMENTS. 4) THE SURVEY DEPICTED HERE IS NOT COVERED BY PROFESSIONAL LIABIUTY INSURANCE. ADDI11ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 5) REPRODUCTIONS OF THIS DRAWING ARE NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE SIGNING SURVEYOR. KENNETH A. BREAUX, JR., PSM PROFESSIONAL SURVEYOR AND MAPPER FLORIDA LICENSE NO. 4820 (LB NO. 8097) • SKETCH OF DESCRIPTION PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 01/08/07 WC KAB FB /PC: N/A SCALE: N/A `DWG NO: 30153 -EASE JOB NO: 30153 TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.twps®yahoo.com 0 25 50 SCALE IN FEET MAP SCALE: 1 INCH = 50 FEET INTENDED DISPLAY SCALE 4 N. LINE OF BLOCK 1 3 NE 1 4TH STREET (UNIMPROVED) 70' R/W r 2 1 NOTE: THE EAST UNE OF BLOCK 1, CITY OF OKEECHOBEE (PLAT BOOK 5, PAGE 5) DOES NOT HAVE ENOUGH INFORMATION ON SAID PLAT, SO BLOCK 1, WAS SURVEYED BASED ON PLAT OF OKEECHOBEE FLA. SURVEY OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) 5 P.D.G. 7- S.W. CORNER OF BLOCK 1 LEGEND: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT (6LEICK> 6 S. LINE OF BLOCK 1 N 89'56'20' E 185.00' T (BEARING BASE) 7 89'56'20" W 15.00' -- (1) EXHIBIT "A" SHEET 2 OF 2 N.E. CORNER OF LOT 1. BLOCK 1 CI v)) 7 Z_ 1- 0 1- >- Z p W o o N a o 7 o Zia .n `n W 2 oo�o P-3 [f V) ) ° a 1 Q Ra016 wrW 1w ° z0 8Za�o } o1- l o Na, m �1n� O • O ow O O tn O Y (./3 _ Z aka W t!1 12 0 8 15.0' ka- O O tri W EAST LINE OF BLOCK 1, CITY OF OKEECHOBEE (PLAT BOOK 5, PAGE 5), -- ALSO BEING THE EAST LINE OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1, PAGE 22) S.E. CORNER OF LOT 8, BLOCK 1 NE 1 3TH STREET (GRASS ROAD) 70' R/W SKETCH A OF DESCRIPTION DEESCRIPTION PREPARED FOR: CAROL WORD DESCRIPTION DWG. DATE BY CK PREPARE EXHIBIT 01/08/07 WC KAB FB /PC: N/A SCALE: 1" = 50 `DWG NO: 30153 —EASE JOB NO: 30153 f TRADEWINDS SURVEYING SERVICES, LLC. 200 S.W. 3rd Avenue Okeechobee, FL. 34974 Tel: (863) 763 -2887 Fax: (863) 763 -4342 Email: kab.twps @yahoo.com Patty Burnette From: Patty Burnette Sent: Monday, October 17, 2016 10:07 AM To: 'Steven L. Dobbs'; 'csoword90 @gmail.com' Subject: FW: PB /BOA Meeting October 20, 2016 Attachments: TRC 091516 Minutes.pdf Good Morning. forgot to include a copy of the TRC minutes from the September 15, 2016 Meeting where the Committee made a motion to recommend to the Planning Board approval of the abandonment 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 north /south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition. Just a note: The Staff Report that I attached in the first email is the same Staff Report from the TRC Meeting. Sorry for any confusion, Patty P M . 13 wrt/Le- te, generat Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, T1 34974 `Teb 863 - 763-3372 ext. 218 Tax: 863-763 -1686 e maibpburnette @cit1ofoleec(iobee.com website: www.citjofokeechobee.com 1 NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Patty Burnette Sent: Friday, October 14, 2016 11:10 AM To: 'Steven L. Dobbs'; 'csoword90 @gmail.com' Subject: PB /BOA Meeting October 20, 2016 Good Morning Gentlemen, Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide East/ West alleyways in Blocks 1 and 2, and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres, on Thursday, October 20, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Pa/t9 M. 13u -rwe -te general-Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 Ter 863-763 -3372 ext. 218 Tax: 863 -763 -1686 e maib yburnette @cityofokeechobee.com welsite: tivww.civ yofokeechobee.com 2 Patty Burnette From: Patty Burnette Sent: Friday, October 14, 2016 11:10 AM To: 'Steven L. Dobbs'; 'csoword90 @gmail.com' Subject: PB /BOA Meeting October 20, 2016 Attachments: Agenda October 2016.pdf; Staff Report 16- 002 -AC REV.pdf Good Morning Gentlemen, Please be advised that the Planning Board /Board of Adjustment and Appeals of the City of Okeechobee will be considering Abandonment of Right -of -Way Petition No. 16- 002 -AC to vacate the 15 -foot wide East/ West alleyways in Blocks 1 and 2, and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County, containing approximately 0.76 acres, on Thursday, October 20, 2016 at 6:00 p.m., or as soon thereafter as possible, in the City Council Chambers. A copy of the Planning Board /Board of Adjustments and Appeals Agenda is attached, along with a copy of the Staff Report. Should you have any questions, or if you, or a representative, cannot attend this meeting please let me know. Thank you, Patty Pafty M. 6writueMt. generat Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, Ti 34974 `feh 863 - 763 -3372 ext. 218 Tax: 863 - 763 -1686 e- mail: p6urnette @cityofokeechobee.com welsite: www.citjofokeecho6ee.com Patty Burnette From: Steven L. Dobbs < sdobbs @stevedobbsengineering.com> Sent: Tuesday, October 04, 2016 3:35 PM To: Patty Burnette Subject: 441 Palms, LLC Attachments: 2016 -024 OUA Capacity Letters.pdf Patty, Please find attached the OUA capacity letters. Please do not hesitate to call with any questions. Seeuew 4 Do, p. E, Steven L. Dobbs Engineering, LLC PLEASE NOTE THE NEW OFFICE ADDRESS OFFICE: 200 NW 5th Street Okeechobee, FL 34972 AAAILING: 1062 Sakes Way Okeechobee, FL 34974 Phone: 863 -824 -7644 Cell: 863- 634 -0194 sdobbs ®stevedobbsengineering.com ENGINEERING ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 1 OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974 -4221 May 24, 2016 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 Jakes Way Okeechobee, Florida 34974 Ref: Water Capacity Reauest Project: 441 Palms LLC Parcel ID No.: 3- 15- 37 -35- 0010- 00010 -0010 3- 15- 37 -35- 0010- 00010 -0050 3- 15- 37 -35- 0010- 00020 -0010 3- 15- 37 -35- 0010- 00020 -0060 3- 15- 37 -35- 0010- 00020 -0210 3- 15- 37 -35- 0010- 00020 -0230 Site Address: NE 13th Street Okeechobee, FL 34972 Dear Mr. Dobbs: (863) 763 -9460 FAX: (863) 467 -4335 In reference to a request of the availability of water capacity to the subject property, I submit the following information for your use in meeting the potable water use requirements for the project. The Okeechobee Utility Authority owns and operates two water treatment plants with a combined treatment capacity of 6 MGD. During the twelve month period from May 2015 to April 2016, the maximum daily flow was 3.1 MGD, or about 52% of capacity. At the present time, the OUA has excess capacity at the treatment plants. The OUA has a potable water distribution main in the road right of way near the subject property. Any upgrade requirements to the water main due to the demands of the proposed project will be at the project owners' expense. Should you have any questions, comments or concerns with regards to the water system capacity, please contact the OUA at 863- 763 -9460. Sincerely, ohn F. Hayfor Executive Director Okeechobee Utility Authority OKEECHOBEE UTILITY AUTHORITY 100 SW 5th Avenue Okeechobee, Florida 34974 -4221 May 24, 2016 Mr. Steven L. Dobbs P.E. Steven L. Dobbs Engineering, LLC 1062 Jakes Way Okeechobee, Florida 34974 Ref: Wastewater Capacity Request Project: 441 Palms LLC Parcel ID No.: 3- 15- 37 -35- 0010- 00010 -0010 3- 15- 37 -35- 0010 -00010 -0050 3- 15- 37 -35- 0010- 00020 -0010 3- 15 -37 -35 -0010- 00020 -0060 3- 15- 37 -35- 0010- 00020 -0210 3- 15- 37 -35- 0010- 00020 -0230 Site Address: NE 13th Street Okeechobee, FL 34972 (863) 763 -9460 FAX: (863) 467 -4335 Dear Mr. Dobbs: In reference to a request of the availability of wastewater capacity to the subject property, I submit the following information for your use in the permitting for the above referenced project. The Okeechobee Utility Authority owns and operates one regional wastewater treatment plant with a FDEP permitted capacity of 3.0 MGD. During the twelve month period from May 2015 to April 2016, the annual average daily demand was 0.860 MGD, or about 29% of the current 3.0 MGD treatment capacity. The OUA does not have wastewater collection lines in the immediate vicinity of your project. Any upgrade requirements to the wastewater system due to the demands of the proposed project will be at the project owners' expense. Should you have any other questions, comments or concerns with regards to the wastewater system capacity, please contact the OUA at 863.763.9460. Sincerely, n F. Hayfor Executive Director Okeechobee Utility Authority Patty Burnette From: -Sent: To: Subject: Bill Brisson <bill @larueplanning.com> Monday, October 03, -2016 2:53 PM Patty Burnette RE: Abandonment Petition No. 16- 002 -AC Hi Patty, Please just change the 0.68 on page 2 to 0.76. I was planning on using the same Staff Report for the Planning Board. Thanks for catching that. Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management Services, Inc. Direct Line: 239 - 204 -5283 General Office Phone: 239 - 334 -3366 Planning �C Nilmgctncr,t Sccciccs, !c.c. K- nnµ- /:v:61.� -�: G.r.,.....�•, 4 -:”.1 l(:I' 1129) 314-:14x4 From: Patty Burnette [ mailto: puurnette @cityofokeechobee.com] Sent: Monday, October 3, 2016 12:38 PM To: bill @larueplanning.com Subject: Abandonment Petition No. 16- 002 -AC Hi Bill. This Petition will be heard at the October 20th Planning Board Meeting. I noticed in the Staff Report that you prepared for the TRC Meeting in September that you stated on the page you have numbered as 2 that the requested abandonment encompasses about 0.68 acres. Although, on the pages numbered as 3 under the table at the top for existing and proposed, the acreage says 0.76? The survey also totals 0.76 (Block 1 is 0.07 acres, Block 2 is 0.18 acres, NE 3rd Avenue is 0.51 acres) . Just didn't know whether you would be preparing something else for the Planning Board or whether I was going to be using the same Staff Report and whether we should correct this? Thanks, Patty Patty Burnette From: Patty Burnette Sent: Friday, September 09, 2016 2:05 PM To: 'Steven L. Dobbs'; 'csoword90 @gmail.com' Subject: TRC Meeting for September 15, 2016 Attachments: TRC Agenda 091516.pdf; Staff Report 16- 002 - AC.pdf Good Afternoon Gentlemen. Please be advised that the Technical Review Committee of the City of Okeechobee will be reviewing 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, on Thursday, September 15, 2016 at 10:00 a.m. in the City Council Chambers. A copy of the Technical Review Committee Agenda is attached, along with a copy of the Staff Report. If you have any questions, please just let me know. Thank you, Patty Paffy M. 61A-Y► -e, general Services Coordinator City of Okeechobee SS Southeast 3rd Avenue Okeechobee, TIE 34974 T'el: 863-763-3372 ext. 218 Tax: 863- 763 -1686 e mad yburnette @cityofokeechoLee.com weLsite: www.cittijofokkeecholee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 Patty Burnette From: Sent: To: Subject: Steven L. Dobbs < sdobbs @stevedobbsengineering.com> Monday, August 08, 2016 8:06 AM Patty Burnette FW: FW: Alley abandonment application -441 Palms Please see response from Dr. Husain's attorney below. PLEASE NOTE THE NEW OFF )0RES5 sdobbs @stevedobbsengineering.com ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify the sender. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of Steven L. Dobbs Engineering, LLC. The recipient should check this e-mail and any attachments for the presence of viruses. SLD Engineering accepts no liability for any damage caused by any virus transmitted by this e-mail. ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** From: Abdelrahman Zeini [mailto:abdelrzzz @gmail.com] Sent: Saturday, August 06, 2016 12:36 PM To: Steven L. Dobbs < sdobbs @stevedobbsengineering.com> Subject: Re: FW: Alley abandonment application -441 Palms I will contact them. Dr Husain has been extremely sick. On Aug 5, 2016 4:19 PM, "Steven L. Dobbs" <sdobbs u,stevedobbsengineering.com> wrote: Please ;pe below. 1 Iiave expounded on the description, PLEASE' a'1 T l6 NEW .)'F I` is C ii ,AL B Ess 863- 824 -7644 863 - 634 -0194 sdobbs @stevedobbsengineering.com ********* **** **);;e* *******'***,: ******* This e-mail and any files transmitted with it are proprietary and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error please notify 2 the sender. Please note that any views or opinions presented in this e- it are solely those of the author and do not necessarily represe t those of Steven L. Dobbs L' gineea•ing, LL ii, The n•efriplent .should check this e -nnail and any .Attachments for the preseon e of virt ue LE) 'Tj. ,ianeerinng accepts KID Hata ty for any damage caused by array visas transmitted by this ®anaiq„ 7%—k s" i'C * * )K ;: ii X J. ri J'S * :. it J, n ,'r, •J; From: Patty Burnette [ mailto: pburnette @cityofokeechobee.com] Sent: Friday, August 05, 2016 4:12 PM To: Steven L. Dobbs <sdobbs a stevedobbsengineering.com> Subject: RE: Alley abandonment application -441 Palms Hi Steve, spoke to John Cook regarding the consent letters from the contiguous property owners and he said they need to be more descriptive and include which alleys they are consenting to being closed. The East to West or North to South, between which Tots of which blocks etc Should you have questions, please just let me know. Thank you, Patty Pcott9 M. 6wr general Services Coordinator City of Okeechobee 55 SoutGeast 314-Avenue Okeechobee, TL 34974 I'd: 863-763-3372 ext. 218 'Fax: 863 - 763 -1686 3 e rn�it: y6urnette @citijofokeecho6ee.cont website: www.citijofokeecIio6ee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Steven L. Dobbs [ mailto: sdobbs @stevedobbsengineering.com] Sent: Friday, August 05, 2016 2:56 PM To: Patty Burnette Subject: RE: Alley abandonment application -441 Palms Patty, I have attached a copy of the recorded deeds for Muzaffar and Suraiya, the list of surrounding property owners, and the letter I received from Comcast that did include an exhibit. I'm not sure I understand comment two below. Their attorney reviewed the consents and they have agreed to abandon the alleys in Block 2, why do they specifically need to be identified. I have reached out to their attorney to see if he can provide clarification, but I hate to see this delayed over a minor technicality like that. If it said block 3, absolutely would have to have that fixed. As far as the request from the utility companies, the exhibit was clear that the whole alley was going to be closed in block 1. The abandonment changed and a decision was made not to close the north south alley in block 2, but if they agreed to close it, I'm not sure they would care if it stayed open. It should he a non- factor to them. Please do not hesitate to call with any questions. • Copy of recorded deed of all property owners whose property is contiguous to the right -of -way. (missing one for Muzaffar Husain, Trustee and one for Suraiya Husain, Trustee) • The letters of consent that were received from the Husains are not really specific enough and I am not sure whether they will be acceptable. They should state which alley meaning North to South, East to 4 West, between which Lot /s, Block /s. These just state alley in City of Okeechobee Block 2. I will need for them to be re done. • List of property owners within 300' of subject property. (I see labels were printed but no list was included. Also, it is not necessary to type the labels for us even though it is much appreciated.) • On the utility companies authorizations, for CenturyLink their authorization includes for item #4. the North to South Alley between Lots 11 -16 and Lots 10 and 17, Block 2 and I wanted to make sure they realized this wasn't being asked to be closed or is it? In addition, #2. States the alley between Lots 1 -4 and Lots 5 -6 of Block 1 and I think it should be Lots 5 -8 of Block 1 ? ?? Regarding Comcast they seem to make reference to a drawing but none is included ?(aerial plant on 13th St as shown with red line ?) know you are out of town this weekend and I am out of the office on Monday so I need this information Tuesday morning or application will be deferred till the October meeting. Thank you, Patty Patty M. 61.A4, f-te- genera/ Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 Te6 863- 763 -3372 ext. 218 'Fax: 863 -763 -1686 e -mail yLurnette @cityofokeechobee.com website: www.cityofokeechoLee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 5 Virus-free. AWN. v st. corn Virus-free. www.,alvaist.corn Virus-free. Awv4'.avast.corn 6 Patty Burnette 8f5john2 KS -f7) ifl'utzLe ft More From: Patty Burnette Sent: Friday, August 05, 2016 3:44 PM To: 'Steven L. Dobbs' Subject: RE: Alley abandonment application -441 Palms Steve, Thanks for forwarding the warranty deeds and the list of surrounding property owners. In addition the map with the red marking on it from Comcast was also needed as they referred to it in their sign off. What I was speaking about with CenturyLink was just confirming what exactly was being abandoned since it was different from the others. They were consenting to the N -S alley too is all and I didn't know why that was on there.. With the letters from the contiguous property owners, I believe from what I have been taught that they should be more descriptive, but I will leave it as is with this email attached for when I am asked about it. Thank you, Patty Patty M. r3wt-we2to general-Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, TL 34974 `fie( 863-763-3372 ext. 218 ¶Fax: 863 -763 -1686 e- mai hyburnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Steven L. Dobbs [mailto:sdobbs@ stevedobbsengineering.com] Sent: Friday, August 05, 2016 2:56 PM 1 To: Patty Burnette Subject: RE: Alley abandonment application -441 Palms Patty, I have attached a copy of the recorded deeds for Muzaffar and Suraiya, the list of surrounding property owners, and the letter I received from Comcast that did include an exhibit. I'm not sure I understand comment two below. Their attorney reviewed the consents and they have agreed to abandon the alleys in Block 2, why do they specifically need to be identified. I have reached out to their attorney to see if he can provide clarification, but I hate to see this delayed over a minor technicality like that. If it said block 3, absolutely would have to have that fixed. As far as the request from the utility companies, the exhibit was clear that the whole alley was going to be closed in block 1. The abandonment changed and a decision was made not to close the north south alley in block 2, but if they agreed to close it, I'm not sure they would care if it stayed open. It should be a non - factor to them. Please do not hesitate to call with any questions. • Copy of recorded deed of all property owners whose property is contiguous to the right -of -way. (missing one for Muzaffar Husain, Trustee and one for Suraiya Husain, Trustee) • The letters of consent that were received from the Husains are_not really specific enough and I am not sure whether they will be acceptable. They should state which, ally meaning North to South, East to West, between which Lot /s, Block /s. These just state alley in City of Okeechobee Block 2. will need for them to be re done. • List of property owners within 300' of subject property. (I see labels were printed but no list was included. Also, it is not necessary to type the labels for us even though it is much appreciated.) • On the utility companies authorizations, for CenturyLink their authorization includes for item #4. the North to South Alley between Lots 11 -16 and Lots 10 and 17, Block 2 and I wanted to make sure they realized this wasn't being asked to be closed or is it? In addition, #2. States the alley between Lots 1 -4 and Lots 5 -6 of Block 1 and I think it should be Lots 5 -8 of Block 1 ? ?? Regarding Comcast they seem to make reference to a drawing but none is included ?(aerial plant on 13th St as shown with red line ?) know you are out of town this weekend and I am out of the office on Monday so I need this information Tuesday morning or application will be deferred till the October meeting. Thank you, Patty 2 June 15, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Adminstrator 55 SE 3R1 Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3r' Avenue from IN the Alleys in Blocks 1 and 2 of the City of Okeechobee Ph 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: Alley in City of Okeechobee Block 2 Signature of Property Owner Muzaffar Husain, Trustee Printed Name STATE OF COUNTY OF 0,'Zi,\c`-](;_F The foregoing instrument was acknowledged before me this C /IC / 201E. (date) by N\v's�Ft d�y� S A who is personally known to me or who produced F ?. OP I i b' Li ct t--) .0 as identification and who did (did not) take oath. (Seal) Commission No. fir= ric '2(1 1 ALI0 v t4v\ pAti- -Z(Ei - (Name of Notary typed, printed or stamped) June 15, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Adminstrator 55 SE 3'd Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3rd Avenue from NW 13 11' 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: Alley in City of Okeechobee Block 2 A-c.nn Signature of Property Owner Suraiya Husain, Trustee Printed Name STATE OF FL (Jo 1M COUNTY OF o��,���. The foregoing instrument was acknowledged before me this by S ;fit y 0 fFU 6/13 1? 0 l 6 who is personally known to me or who produced identification and who did (did not) take oath. (Seal) Commission No. 1 �f1Ci_4-14,1-- 4 (Name of Notary typed, printed or stamped) �R "E ° <; LlrcivStas (date) DEPENDENT NEWSMEDIA INC. USA Okeechol '' ews 107 SW 17th t.rkpt, Sie D Okeechobee, oltida 3494 L- 863 -76 3134 i J v \� 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, Florida, that the attached copy of advertisement being a 011- 4-6�` -QJ in the matter of fr fa&l t ---(L/ -e' 19, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of ia% /d o/6 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. L [yt_ e Katrina Elsken Sworn to an s> scribed befor�I e this / day of l QC QiY��Le7t) c?()/c AD Notary Public, State of Florida at Large qi Qi ?-)1 01161-2 ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 Bonded Thru Notary Public Underwriters - 'o ��- oa2 -nc ire -�qo� PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE NOTICE IS HEREBY GIVEN that the ay Council of the Gty of Okeecho- bee, will conduct a Public Headng on Tues, Dec 13, 2016, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, Ft, to consider final reading for adoption of the following Ordinance Into law: No. 1147: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CLOSING, VACATING, AND ABANDONING CERTAIN ALLEYWAYS AND RIGHTS -OF -WAY AS DESCRIBED HEREIN, WITHIN BLOCKS 1 AND 2 AND A PORTION OF NORTHEAST 3RD AVENUE BETWEEN NORTHEAST 13TH AND 14Th STREETS, CITY OF OKEECHOBEE SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; RESERV- ING UNTO THE CITY ITS SUCCESSORS AND ASSIGNS A NON -EX- CLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN TH� PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERAB�ILITY; PROVIDING FOR AN EFFECTIVE DATE. All members of the public are encouraged to attend and partidpate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the Gty Coundl with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding Is made and the record Indudes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office 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 Coundl in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the Gty Clerk for the Gtys records. By: Gty Clerk Lane Gamiotea, CMC 470547 ON 12/2/2016 INDEPENDENT NEWSMEDIA INC. USA Okeechobe 'ws 107 SW 17th Str-.- uite D Okeechobee, Flor t 4974 863 - 763- 313'N<' 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, Florida, that the attached copy of advertisement being a in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of /U /-r / a- /6. 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 pub lication in the said newspaper. Katrina Elsken Sworn to and subscribed before me this (a day of L--(- -CJ) e b 1 6 AD Notary Public, State of Florida at Large (-J ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: Apd120, 2020 Bonded 'Wu Notary Public Underwriters FaFF ��• 1 PUBLIC NOTICE RIGHT -OF -WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held be- fore the Oty of Okeechobee Planning Board an Thur. October 20, 2016, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Avenue, Council Chambers, Rm 200, Okeechobee, Ft, to consider and receive input on Abandonment of Right -Of -Way Petition No. 16- 002 -AC, submitted by the property owner, Mr. Carrot Word (Registered Agent) for 441 Palms, LLC. Petition No. 16-002 -AC requests to vacate the 15 -foot wide alleyway running East to West in Blocks 1 and 2; and a portion of NE 3rd Avenue between NE 13th and 14th Streets, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records, Okeechobee County, containing appro>amately 0.68 acres. The petition may be inspected at the address above during regular business hours, Mon -Fri, 8 AM -4:30 PM, except for holidays. The public is encour- aged to attend. The Planning Board will offer a recommendation to the Gty Council, tenta- tively scheduled on November 15, 2016 (First Reading) and final adoption Public Hearing on December 6, 2016, 6 PM. ANY PERSON DECIDING TO APPEAL any decision made by the Planning Board with respect to any matter considered at this meeting will need to en- sure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans wrth Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the General Services Office 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 Planning 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 Oty's records. BY: Zoning Administrator Marcos htontes De Oca, Petition No. 16- 002 -AC 477813 ON 10/2,12/2016 Si Classified Proof Client 161381 - CITY OF OKEECHOBEE Address .55- SE3RD- AVE,-Attm- Bobbie Jenkins OKEECHOBEE, FL, 34974 Phone E -Mail Fax (863) 763 -3372 Ext: 0000 bjenkins @cityofokeechobee.com (863) 763 -1686 Ext: 0000 Order# Classification Start Date End Date Run Dates Publication(s) 477814 5005 - Public Notice 10/02/2016 10/12/2016 10 newszap.com - Florida, Okeechobee News Requested By PO # Created By JLEVY Creation Date 09/30/2016, 10:06:40 am Dimensions 2.4067 " X 3.0767 " Order Price Tax 1 Tax 2 Total Net Payment $186.03 $0.00 $0.00 $186.03 $0.00 Sales Rep 4205 - Janet Levy Phone E -Mail Fax (302) 741-8297 jlevy@newszap.com (302) 741 -8215 PUBLIC NOTICE RIGHT -OF-WAY ABANDONMENT NOTICE IS HEREBY GIVEN that a PUBLIC HEARING tall be held be- fore the Oty of Okeechobee Naming Board m Thur., ctober 20, 2016, w 6 PM, or as on thereafter as passlie, at Oty 1 -la�l, 55 5E 3rd Avenue� Como! Chambers, Rm 200, Okeechobee, R, to consider and receive on Aba brrrent d Right-0f -Wa/ Petition No. 16602-PC, slxritted y� popaty ON 121", t4. Cant Ward (Registered Agent) far 441 Palms, 11C Petition No. 16032-PC rtaq.es 3 m vacate the 15{oot vicb afe rung East to Nhst in Bodo 1 and 2; and a portion d NE 3rd / re��an NE 13th and 14th Streets, CITY CF Nat l#hok 5, Inge 5, Rtic Ruch, eleeshobee Canty, oantitirirg appmmnat sly 0.68 aces. The petition may be inspected at the adrtess abate doing regiar buancs o d � 8 PM -4:30 144, except far tuldays. The prtfic is enmra- The Nanning Board will offer a rex rerdatien to tte City Ceund, tenta- tively sdedrted on Nosnba 15, 2016 (Fist Readng) and find adoption Rltic Hearing m Decembsr 6, 2016, 6IM ANY PERSON DECIDING 7O APPEAL decision made by the Nanning Board with respect to any chatter oYhsidaerl at this meeting wS need to en- sure a verbatim rand d the pnoceslirg Is nude acct the record induces the testimony and evrdare upon wNdh the appeal will be tesei In awar- d with the Pmaiors wth CisahTbes Put (ADA), any person with a desbility as defined the PDA, that needs special amarmodHbn to par - two m�s�pnxredrg,88633-77d 3 IXfirerolatetharh BE ADVLSED that shxid you intend to show any downed, pdue, video or fiats to the Naming Board in support or cppsfian to ay item on the agenda a of the arneri, picture, a video, or item must be provided to the Board � By: Laing AdhEnishatx Marcos Modes De Ora, F6 6$on 11o. 16002 -AC 477813 ON 10/2,12/2016 Proofed by Janet Levy, 09/30/2016 10:06:46 am Page: 1 N 2.a) Motion to adopt proposed Ordinance No. 1147. c) City Attorney to read proposed Ordinance No. 1147 by title only. 0- Vote on motion to read by title only. D • z 70 c O n) = o O> N (D7 Oo m 3a o-_ m C — _no- 117 � � _ 3 a> T O m O O �G a 2- = Q) G) cr) .--.. c_ D O "a Cn CaD CD o < CD (On O f 4 51 z= CD CD (D O CD 3 CD — O< CD a = a 5- . CD CD 0 CD 3 N Z r« m 5 O O 3 (- � CD co - CD T1 N D) G) _ g ' O O- Q Q li CD _ CO Q = p, = CD 0 n) a 3 a O < D CD CD r '-'= G) (1) 0 m fl) (D 0 = _ 3 - _. (D p' Z N O O' co --1 O = _ 0n -69 m,� z 0 O -^ < 0 (D 3 == CS = co O, G) m 0 D Motion and second by Council Members Ritter and Chandler to adopt proposed Ordinance No. 1147. v� m04a. rrIo=)v c =zz� m ° -I to c) max,- <nr -(1) IN __I r- 0nZo z33m°•< �rn �lcn0y -.nm vvoG)°0c)nn`�, S. 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(D O 0 0 o CD A 1 CD O Tl EL z A) m y � o y p� ocS Go A O Ut _ O (U v N GJ W N 3 (s = N °) 3 (n .0 f? 00 W a -n r r = - 0 3 Q 0 CD CD = 72. m o z = a v D D -I m ocD m m 4 m 0 . o O 0 ' i-,-- p (1) Z EH = C 0 in . o a� co � �5' o O a W Q O S p 0 w � - • N N CD = _ (1). a d (E4.-ca, p a a. CD co 20 . = a 0 Q 0 - �(D m == ( „z No action was taken on this item, as it was requested to be withdrawn by Clerk Gamiotea. 310A - NOISS(IOSIQ 3VJ 21V-111031J ° 91.OZ '£6 N38W303Q 6JOZ3OVd-ON UOIIOW UO elm (a b) Public comments and discussion. 2.a) Motion to approve the first reading of proposed Ordinance No. 1148. c) City Attorney to read proposed Ordinance No. 1148 by title only. Vote on motion to read by title only and set Final Public Hearing date. DZ m 91 C . co M 0? m o CO a ° fl) 0 Ca N n o 0 - 3 w 2- m N d o X! 3 c0 a o cn • -n 5. 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O Q 0 z 0 CD ca a � < CQ co O o - <- o o 3 m 3 Cr D o Q 3 0 5 0 o 0 0. 310A • NOISSf 3SIO - NO119V lIONflOO DECEMBER 13, 2016 - REGULAR MEETING - PAGE 3 OF 9 Staff Report Alley and Right -of -Way Abandonment Prepared for: The City of Okeechobee Applicant: 441 Palms, LLC Petition No.: 16-002-AC Planning & Management Services, Inc. 1375 Jackson street, Suite 206 Fort Myers, Florida 239 -334 -3366 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'd 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 3rd Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.76 acres General Information 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 Std Avenue between NE 13th and 14th Streets. Stephen L. Dobbs 863 - 824 -7644 sdobbs @stevedobbsengineering.com Le • al 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 y. ter: 4.,44 W,.- 2 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3rd Av. Characteristics of the Subject Propert 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 R/W 0.76 acres Proposed Commercial CLT, Light Commercial Medical /Dental Offices 0.76 acres Description of the Subject Site and Surrounding 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. Serving Florida Local Governments Since 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 STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing ii1 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 Way as "Land in which the state, a property owned by 441 LLC is designated 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 Swial/ Scale Bated 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 Commercial. The anticipated medica/ office use foreseeable uses, they would meet the is consistent with a Commercia/ 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 approved, subsequent use of the 441 LLC north of the City Limits ditch is a pri- property and the subject property to be vate nursing home who would have no abandoned /vacated will be consistent with City's interest in private traffic traversing their property." Comprehensive P /an. 2. Right -of -way to be vacated is not the Neither the alley nor the riyht -o/- -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. "This A/7 properties abuttislg this alley and the right - of -way of unimproved NE 3rd Avenue have request meets this standard." vehicular access afforded From NE 13tti Street Serving Florida Local Governments Since 1988 4 ti Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 31 Av. REQUIREMENT STAFF COMMENTS We agree with the Applicants assessment of the public benefits associated with abandonment/ vacation of the subject alley and street rights-of- 3. Proposed vacation is in the public interest and provides a benefit to the way. However, the City Administrator has since City. expressed concern over the abandonment of NE "The existing alleys and NE 3rd Avenue 3rd Avenue at this location. He has stated that ROW are currently unused and have no the proposed SR 710 bypass may come in at immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. 14tti Street /I so, this may be the only potential location within the City to provide a connection This will reduce the land the City is to the bypass Consequent /y, he has since sug- required to maintain and return the land to the tax rolls." gested deferring the abandonment of NE.Z3tti Avenue between 13tti and 14tti Streets until it has been determined that this connection wou /d be unlike /y or unnecessary. 4. Proposed vacation would not The Applicant has 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 Authorization Form From FPL. On this ing alleys or NE 3rd Avenue ROW Form FPL noted that upon closing it will need an there is no jeopardy to any utilities. easement For a power /ire in the NE 3rd Avenue There is a potential water main to be installed in the existing NE 3`d Avenue ROW. Therefore, it wou /d be necessary For the ROW, but that right is proposed to be owner to provide easements in the NE 3rd protected by a proposed easement in the A venue ROW For OUA's water main and FPL's limits of the existing ROW." power line. Serving Florida I.6cal Covernntents Since 1988 5 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3rd Av. Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation /abandonment is consistent with the require- ments of Sec. 78 -33 with the stipulations suggested by the TRC at its meeting on September 15, 2016, which read as follows: 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 north /south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition; However, we do find the requested vacation /abandonment of NE 3`d Avenue may not, at this time, be in the City's best interest and should be denied and deferred until it has been determined that the connection to the proposed 710 by -pass is unlikely or unnecessary at this location. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management October 24, 2016 (Rev.) TRC Meeting: September 15, 2016 PB /BOA Meeting: October 20, 206 City Council 1st Reading: November 15, 2016 City Council 2nd Reading and Public Hearing: December 16, 2016 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 Id Av. ry Gyvfs. i 611.40/ • Muraflar Suraiya Husain. Husain, Trustee Trustee tt w . { _... _._ _. .. �.M. t Jountionuit_��dlsr."- a; 1 Serving Florida Local Coverrnnenls Since 1988 7 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 LO-WA - Pfe 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 - I1-I - lb) Receipt No: Li ?JO a 4 TRC Meeting: �} �i - ) 5-165 Publication Date: Letters Mailed: NM PB /BOA Meeting: 1 0- AD-iLf Publication Dates: Letters Mailed: City Council 1st Reading: //-1.5-11p CMR Letter E- mailed: consultant is hired to advise the city on the application, the applicant shall pay the actual, costs. �2��ai`c City Council Public Hearing: la.�p_l�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. 11.0-CO- Required Attachments V Copy of recorded deed of petitioner as well as an other .ro er owner whose . roperty 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 f 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) 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 Carrot Word 7.- /7-20, Printed Name Date Name of property owner(s): 441 Palms, LLC Owner(s) mailing address: 1080 3rd Street SE23rdS'rregf Owner(s) e-mail address: csoword90 @gmail.com Owner(s) daytime phone(s): (863) 610 -5913 Fax: Required Attachments V Copy of recorded deed of petitioner as well as an other .ro er owner whose . roperty 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 f 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) 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 Carrot Word 7.- /7-20, 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, ._P,roposd vacation_,is_consistent _e withftlie 0.1411e ieriSWe 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- S.0033 P. A. U.). since the alleys have no current uses nor any - - - • .. . , . • • . . . _ . .. . ..• .. , . • . - • • .. - ; . - •• • ••■• I• •• • •- Asia -ma ••■•• 5- •• •O• •• •• . •• . - • .. ••••• as • •• .55 . interest in private traffic traversing their property. r2F Right of way to }hezvacated is not'the sole access o- anyproperty,, ,an d tl e Tema mng °. access IS not an`easement This request meets this standard. is 1equiied to maintain and tetulll the land to the tax tolls. Pro_pos_ iii iiiii_ sin thepubhc interest andproy es _ - nfiefit to 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 1equiied to maintain and tetulll the land to the tax tolls. . •PrI, -68e .Vacati'on,,would :not jeopardize then anon 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 883-763-3131 Fife No.: 16.8946 1111111111111111 111111111111111111111111 FILE NUM 2016003918 OR BK 774 PG 274 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 04/28/2016 03:59:20 P11 Atli $300,000.00 RECORDING FEES $18.50 DEED DOC $2,100.00 RECORDED BY 11 Pinon Pss 274 - 275; (2 P95) Parcel Identification No. 3 -16 -37-36 -0010 -00020 -0060; 3.163736.0 010-00010 -0010;3 - 1637 -36 -001000010 -0060; 3 -1637- 36 -0010 -00020 - 00230; 3 -16 -37. 36-0010 -00020 -0210; and 3- 163736-0010 -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 Dledra 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 (510.00) and other good and valuable considerations to said grantor in hand paid by Bald 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, lying 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 6, 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 singular 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, seated and delivered in our presence: With s ri : A40bLAAH z6iNI SIJRA%YA HUSAIN, !ndtviduatty and as Trustee Witness Name: ) . /ISSy, r e AADE+- rtAitmAN zE tPI MUZAFFAR HUSAIN, Individually and as Trustee Witness Name: Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Qytk 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 (_j is personally known or �] has produced v., �) [-. as identification. ' [Notary Seal] Notary Public 1"-.2r— Printed Name: hovvtv- My Commission Expires: Book774 /Page275 CFN #2016003918 Page 2 of 2 k9 0 k9 \) • This Instrument Prepared By And Behan to: Tom W Conely, III 207 N.W. Second Street Okeechobee, Florida 34972 Property Appraisers Parcel ID#: Grantee's SS #: Dora 3 ,..$ . e _ • ■ e tan/ St mps paid In the amount of Rsic 3©2 PXCE 352 MAO re 4 doto WARRANTY DEED . • TH S 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 rolled grantor, to MUZAFFAR HUSAIN and SUBAYIA HUSAIN, his wife, whose postoffice.address is 160 N.E. 13th 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). That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby aclmowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County, Florida, o viz. - Lots 16,16,17, and 18 of Block 2, CITY OF OKEECHOBEE, according to the plat thereof o w. recorded in Plat Book 6, page 6, public records of Okeechobee County, Florida - E - E ° w i° N • • TOGETHER•with all the tenements, hereditaments, and appurtenances thereto belonging or in E ,. N anywise appertaining. .<=oc- g. TO HAVE AND TO HOLD, the same in fee simple forever n d ' y . :: AND the grantor hereby covenants lvith said grantee that the grantor is lawfully seized of said • �- ^ n, ;•- land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;•that d v f: 2 o, `, the grantor hereby fully warrants the title to said land and'will defend the same against the lawful claims • d o .c of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing C N .` Q o a, v subsequent to December 31, 1995, and reservations, restrictions and easements of record, if any, which .0 i ° "' : 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 dny and year first 'above written. Signed, sealed and delivered in our t» Bence: `�. Witness's Signature Gulam Ali Kapadia Witness's name typed or printed Witness's ture l{harli ja Rr,ap • Witness's name typed or printed THE NORTH AMERICAN ISLAMIC TRUST, INC. . By M. Naziruddin Ali, Secretary 2622 East Main Street Plainfield, Indiana 46168 (Corporate Seal) • 0 oK 382 PAGE 353 STAVE OF INDIANA • . COUNTY OF> EIMil. MARION I HEREBY CERTIFY, that on this day, before me, an officer duly authorized in the State aforesaid • and inthe Countyafoiesaid, to take acknowledgements, personally appeared M.NAZIIiUDDIN ALI known - to me to be the Secretary of THE NORTH AMERICAN ISLAMICTRUST, INC., the corporation in whose name the foregoing instrument wee executed, and that he acknowledged executing the same for auch corporation, freely and voluntarily, under authorityh duly vested in him by said clorporation, and that the, seal affixed thereto is the true corporate seal of said corporation, and that he t Co personally known to me. WITNESS my hand and official seal in the County and State last aforesaid tliis.2 5 tiley of July, 1096.. I I w i Notary Public's Sign e )}ahauddin A. Bade' Notary's printed name My Commission Expires: Oc t ober 8, 199 s (Notary Seal) t. : v� -d 4 3 • JJ. A -I • -7: • agi4 • . . ICK 382 PACE 3.54 X 4/12 Elk 4673 Pg aCb54 Droop Co FL 4714M N.. d AtAY,: 54.0ho • THE NO?ts.TH AMERICAN ISLAMIC TRUST.INC. . . 10900W.Washinglon8troot o Indianapolis, Indiana 46231 o Tot: 0171639-924B o Fox: pm 839.2511 .. TO y/HOH IT HAY CONCERN ' RESOLUTION OF THE MAW) OF TRUSTEES - . . - . . • . .. Xn n meeting of•the Board of Trustees of .The North' American Islamic. Truot, Inc., (RAXI) held on Hay 2, 1992 the' Board ••••-•... • unanimously resolved 'that: . . . • • ' - '---- - — • ' ""'•7 - . .. '.- Eerier-ill /tanager. of The North American Ielamia' - Trust; Inc., (NAIT), -11r. 11. Naziruddin Ali in lierbbY authorized to execute. any necimoary .dOouraent.o required • .ior the pale. or purchase of any investment real eottat.e • • of. The North. American Ielamic .Truot, mil. ouch. no • . -. . - . -Dupoge -Property, Breinentovn. Townhomers. Project,- . -. . - . Fairfield Court Part.neraliiP Project, and Dr. Huopoin • • • • • Clinic. real eptet.e.-" . • • • • .. - • • • • . • •- • 4 • . . - . . • ..,./P.7----7-,;2„,..4 •Bassam -Osman, • Chairman- HAIT Board of TrUElteett • • Haziruddin .Ali, Secretary. • HAIT Board -of -Trbotesc ,. . . -State of Indiana - County .of Marion • Subscribed and. sworn before me this 14th day of December, .3.992. , \....,N...,:: . . • • Bahauddin.Bade: • Rotary -Public Hy commibsion ,expires: October 8, 1996 . - I certify that this'is a true and exact copy oi the Original..- .! . 286597. My commission exp • County of Residenc 'FILED FOR RLE;ORD • OKEECIIMEE C0.11 - Bahauddin Bade 96 SEP —5 41 9: Oifiotary. Public - AR • - • -4-- • - ; 7. . - . 1 • • • • t • • t 'ZS • • . . • , .121=ZIeczZeraz.Crctyp1 Qtnn 1,: (rattan wlt..ddmwd ,tamped metope) Chester B. Griffin, Esq. Marc P. 0. Box 1270 "dd1ee' Ft. Pierce, FL 34954 This I0Utumtot Papered by: H,m „Chester B. Griffin, Fsq. of Neill Griffin Jeffries & Lloyd, Chartered "d6°t311 So. Second Street Ft. Pierce; FL 34954 hepenp APPtthart Pared !deadhentoe Poll, Naaberts): Dented.) S.S. a 10) SPACE ABOVE THIS LINE FOR PROCES$INa DATA 2 WARRANTY DEED INDMD.TO WOMB. 2908 RAMCOFORArot ne cry BOO FILED FOR fq.(SSIG,6 176 OKEECIV,IF ';-. Cf.)•.11.. 901.11N 111 NI 1.2: in sHARUt•1 RURERi50ti-"• CLERK Of CIRCUIT ..at;umaalaty Stamps pa!d In the amount of :lied; at CIrcUlt Z11.. 0 Ih turltlnfU Pub, Made the Sth day of MUZAFF1iR HUSAIN and SURAIYA HUSAIN, his wife Utt daE; SPACEABOVET)0S LINE FOR RECORDING DATA M a y , 19 96 . by hereinafter called the �GGrantorM, �to SURR1AIYYbA HUSAIN, as Trustee of the Suraiya Husain Revoal?1 w ose pos�o ice address iaa08i).Sy9 th S$-et Okeechobee: FT.' 34947 hereinafter called the Grantee • • • - . (Wherovor used hereto the Jahns *Grantor and 'Grantor,' Indude•dl the puttee to this W Ieument and the he)n, boll reptoeonteUver. end nselpns or Indhddunh. and the 100c01edn end anions o) corporation, wherever the mane to odndle or requhes.) • ifnessefl1, That the Grantor, for and in consideration of the siren 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 Okeechobee County,'Smte 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 1-41, .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, including but not limited to :all powers listed in Florida .Statutes 689.071. • VIngefher, with all the tenements. hereditfirnents and appurtenances thereto belonging or in anywise. III! appertaining. Vici FIu6e ankle' pnla, the same in fee simple forever. (Anil 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 laivfiil authority to sell and convey said-land, and hereby warrants the title to said' land and .wilfdefend the 'same against the lawful claims of all persons whomsoever; and that said land is free of all erictunbrances, except taxes accruing subsequent io December 31. 19 95. • ' �ln 1iiness PI1jereaf, the said Grantor has signed and sealed these presents the-day and year first above written. • Signed, sealed and deliver d irr the presence of: Wdnest Slrn.ture (u 10 rot r , all iffin • Chester-B. rein neG eme • Wham Slrnnus as to Dint Gramm) Mary van der Lugt hinted Name Wiens 5i,o.wee (a. to Co.Gnnte6 it any) Pdeted Nome . Witness Minton In to Co.Go.awr. 11 ..0 '- Prioud Nam STATE OF FLORIDA • ) COUNTY OF ST. LUCIE ) 1 hereby Certify that on this dray. before me. on officer duly nuthorizcd Muzaffar Husain and Suraiya Husain,. his Wi minister oaths CO take acknowledgments. personally. appeared Cnntor 51sntuet Muzaffar Husain Piloted Ntme • • 150 N. E. 13th Street, Okeechobee, FL' 34:74' Poet Ofh,t Addtnt . • Co- auntoe Slreaote. d sop) Suraiya Husain Printed Nam. 150 N.E. 13th St.. Okeechobee. FT, 34974 tow otnte.Addla. • • .r li known to me to be the person•..D_described in and who executed the foregoing Instrument, who acknowledged before me that they executed the same. and an oath was not taken. (Check one:) Said persun(s) is/are personally known to me.0 Said person(s) provWcd the following type of identification: 1 NOTARY RUDDER STAMP SEAL 0 'all ` MARY VAN DER UM 0t .};:, :' ftNW /WSSlmmaCC3SS562EXPIRES : n. ar 94 i4,a41;4/ 10:0(0 TWTI TAW 1AUMSUMCF C. Witness my Hand and official scat in the County and Slate lost aforesaid Ih(s Bthdayof May (�.A D 1996 „le 0,,,,/ ;r— van der Lugt 0 Pdwed Name AUG 1 2016 August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3' Street Okeechobee, FL 34974 Subject: 441 Palms, LLC 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 Tots 17 -26 in City of Okeechobee Block 2 Signature of Property Owner Suraiva Husain, Trustee Printed Name STATE OF (�1 pA COUNTY OF ()f t4—e The foregoing instrument was acknowledged before me this A? /2u1 I (date) by • t .y rci,+ �\ c ,.1 cki who is personally known to me or who produced aorc , 0A 1A I vE''5 Lit JcEas identification and who did (did not) take oath. (Seal) t'l� i Commission No. FF ci O %zt (Name of Notary typed, printed or stamped) NO .1 0 2016. August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3rd Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3rd Avenue from NW 13' 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 i ,, if k? ``� L .� c `� i W � 1 i�_ i1 ={�lr Y., ��2�Y 'tom nai�tJ' e 01,;e4- operty Owner Muzaffar Husain, Trustee Printed Name STATE OF 1- Lc tuj /- COUNTY OF ,R, - tvt1 --4 The foregoing instrument was acknowledged before me this by 1"`1 U r i= AJ who is personally known to me or who produced identification and who did (did not) take oath. (Seal) f _y Commission No. y C 0' 1 At r111:1 -t=om (Name of Notary typed, printed or stamped) f'1 (date) as 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 ha s lac; ob --3-4 4, , TU 863 -467 -3721 or ` 14 A b - tkn t4,e 4- o ¢ , - -e_ �r a A-taQ 1- 16ah.tQ -J,✓' tA_Pflr\ e-toS" wit 1 A/44 Donna Padgett 86367 -3708 o p`n Ftt�rr►. ,- ��I.AJLy---( J a n.. AI,E? Aut iorized Signature A h- Patty 14- <at/Ohl- 37o Typed Name &Title Phone No. Date Century Link 863- 452 -3473 Tess Bentayou tess.bentayoCOcentutylink.cont Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863 -763 -2824 107 NW 7th Avenue Authorized Signature Typed Nanie &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 CenturyLink- LETTER OF NO OBJIIECTR JN May 20, 2016 Mr. Steven L. Dobbs, P. E. 1062 .lakes Way Okeechobee, FL 34974 SUBJECT: PROPOSF,D VACATE OF NE .3rd AVE AND ALLEY IN BLOCK. 1 AND TWO ALLEYS IN BLOCK 2, CIT Y OF OKEECIH-OBEE, ACCORDING TO THE PLAT TS RECORDED IN PLAT IM)OK 5, PACE 5, PUBLIC RECORDS O.KEF,CROB COUNTY, FLORIDA; PRN 777252 Dear Mr. Dobbs: Please be advised that Etnbarq Florida, Inc. D/B /A CenturyLink ( "CenturyLiiik ") has no objection to the proposed vacation and abandonment of the following: 1. NE 3re 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 Hook 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. 1,. All of that certain 15' wide alley lying between Lots I 1 -[6 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 -g14 -5318 or by email at Vicuria.buclieriicentur linh.eonl. Sincerely, • EMBARQ FLORIDA, INC., D /13 /A/ CENTURYLINK if Victoria 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.bucher @centurylink.cot rr:, centurvlink cony '44404 e';;;;'';4"-■/-ift-';;;•44.:4'■4•''''it--., C: z,) a) 5. eD t r 1 r' „ e .01 W 46. ZS P.. Si PSCS.111' • WS. :PLAT St. I. S,Vi r,to •.",” • 7 z, rr) rn aamcuSlS Pazuo4lny aOly aweN padk. 0 tST£-E9L-E98 aaasnay- oj'tpaaginD CO og c0 O O m M O z eK 00 _n O H0A 0 0 R. 0 0 2 0 aJnleu37S pazuomny aply+g aa[eN padkL 0 anuanV mS MS 00i 09t6-E9L-E99 0 0 Et a 0 0 a- meals pazuo nny anuanV mL MN LOT T a.zmeuSis pa2uo4lnV a MI. aweN Pact S N O 0 £LtE•ZSt-E99 aply aweNpadh(L BOLE-L9t -£9B na8peaeuuoa ao TZLE-L9t-£9B Utility Companies Authorization Form 2 z > m 1 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 A-6.11(4 nnmtri{' O kJ E. .3` tlk,e- -Cron, a)3 -"',4- 10 IIIJ /q44 863 - 452 -3473 arid Tess Bentayou }n Nock,. /a-. o1 +hc Ci6of'0kccch tess.bentayoPcenturylink.com Authorized Signature Comcast Cable Typed Name & Title Phone No. Date 863 - 763 -2824 107 NW 7th Avenue Authorized Signature Typed Name & Title Phone No. Date Okeechobee Utility Authority A-6.11(4 nnmtri{' O kJ E. .3` tlk,e- -Cron, a)3 -"',4- 10 IIIJ /q44 John Hayford arid naccf_5 }n Nock,. /a-. o1 +hc Ci6of'0kccch 863-763-9460 Pb 0 6SECTTO it/ S c 100 SW 5th Avenue _ .,._ . . 1 r+ /7 n r: G x w U/ ■-e Ti Typed Name & Title ?? -2U- tt0 // .0 Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 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 Tile /- 1A-M23Ck 863 - 452 -3473 Gil Culbreth, Co- Trustee Tess Bentayou tess.bentayo@centurylink.com c_- --71)/2 0 A e. 7-7 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 Date Hamrick -Est a-Estate -- Tile /- 1A-M23Ck tA.-.r7— 0 t.4-9AJ -r T /-/-e I4i Gil Culbreth, Co- Trustee 7N ±zhe- e 3--/ /N 0- Le A) c_- --71)/2 0 A e. 7-7 863 - 763 -3154 Authorized Signature Typed Name & Title 3- 71.331j - Phone No. Date OKEECHOBEE COUNTY PROPERTY APPRABSER'S OFFBCE GIS / MAPPING DEPARTMENT W.C. 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C/) CD CD ° O.O (p m 0- _- �' o_ 0' 0 v 0° 0) 0 ,°< o _ o 0 0 co (n -O (n p (D (n .< 'O 0) co co 0- O 0 �- O h) -i cam- N m -,�° o ° -v 0 ° ° -0 CD ,c o_ S 3 O m `< ° o ° -o CD 0 0 w 0 (v 0° 3- n ° c°o W m (° o v m(n 0 0 0 n- o_ GO C7 v 0 < -- a 7 0 S W ° 0°° 0 -' W p n ° ° :3 p: 0 0 • CD CD ° m _ ° • 0 o_ 0- 0 N O 0 ) c O (0 D G) m Z D 0 0 -i 0 cn m z O) Z 00 0 0 v D 0 0 MINUTES 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 Alien - 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 Staffs 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 north /south; 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. ATTEST: Marcos Montes De Oca, Chairperson Patty M. Burnette, Secretary TRC - September 15, 2016 - Page 3 of 3 2.a) Motion to approve the First Reading of proposed Ordinance No. 1147. c) City Attorney to read proposed Ordinance No. 1147 by title only b) Vote on motion to read by title only and set Final Public Hearing date. Discuss the December meeting schedule - City Clerk. Dz m CO o < 3 iZ c o" CI) _ = CO 0) o v 0 0 CD N C!? 3. =" ca z n o ry CD rn Q 3 _ CD n 0- rn5E c)n.PO5')DDo S 0 o rf/>m —zao- ,o. mD�0pZu) CD �= a0 --1 °D °o �0- i CD CD o m o u ::.n30 D 7 o fl o V o m o _ . � '" _ N> a T= Q rn co o c o , m a c m ro o_ o � Q 0 i K ro= <D=2, n_ u" = 0` . n u rT � D ddcZzn p 3_Q• c� ?.m n _, cfl-o-5-; 5. c �ou r o ro p., A s 0 0 CD c ar 5. co_ m o w °7 co c D d m CD ro Q"= ro n Z 0 c T u o nO X=Om0 X a) v s 130p3 _ _ n m a in o m o _ CD CS mOrrn��ZD C o m CC) 5• O = c0 0" o Qrip DDO m fi X CD 0.. n o n =O=mZ_ C m C� � Gm -iC Zi G I rr a F o ° � c x 0 cm �n < nm ° m o cD. 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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`d 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 3rd Avenue between NE 13th and 14th Streets, more particularly described in the legal description of the property. The requested abandonment encompasses about 0.76 acres General Information Owner Agent 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 Site Address platted but unimproved portion of NE 3rd Avenue between NE 13th and 14th Streets. Contact Person Stephen L. Dobbs Contact Phone Number 863 - 824 -7644 Contact Email Address sdobbs @stevedobbsengineering.com Le • al Description of Subject Pro • erty 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 3rd Av. Characteristics of the Subject Propert Existing Future Land Use A small portion is Commercial; the vast Map Classification majority is Single - Family Residential Zoning District Use of Property Acreage A small portion is CHV; the vast majority is H, Holding Vacant, unimproved alley and R/W 0.76 acres Proposed Commercial CLT, Light Commercial Medical /Dental Offices 0.76 acres Description of the Subject Site and Surrounding 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. Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'' Av. Consistenc with Sec. 78 -33, Vacation of Ri • hts -of -Wa 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 STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. There is nothing in Hie City's Comprehensive "Yes, the vacation is consistent with the Plan concerning abandonment /vacation of alleys City's Comprehensive Plan. The City's or road rigGlts -oF -way. The surrrrounding 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 Residentia/ on the Future Land simple title or has an easement dedi- Use Map and is in Hie process of a Swia // Sca /e Bated or required for a transportation or utility use (9J- 5.0033 F.A.C.) Since the alleys have no current uses nor any Amendment (SSA) to designate it as Commercial. The anticipated medica/ office use foreseeable uses, they would meet the is consistent with a Commercia/ Future Lana' 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 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. A / /properties abutting tJ1is alley and the right - of -way of unimproved NE 3rd Avenue have "This request meets this standard." vetiieu /ar access afforded from NE 13ti 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 Id Av. REQUIREMENT STAFF COMMENTS We agree wit/ Hie App /ieant's assessment of the public benefits associated witAl abandonment/ vacation of tAle subject a / /ey and street rigAlts -of- 3. Proposed vacation is in the public interest and provides a benefit to the way. However, t/ e City Admin/strator has since City. expressed" concern over tine abandonnient of WE "The existing alleys and NE 3rd Avenue -3'`d Avenue at this /ovation. He has stated that ROW are currently unused and have no tte proposed SR 710 by-pass may come in at immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. Z4t;; Street. // so, ttis may be Me' on /y potentia/ /ovation wit /in the City to provide a connection This will reduce the land the City is to the bypass. Consequent /y, Gee /ias since sug- required to maintain and return the land to the tax rolls." Bested deferring the abandonment of NF_ 13 ti' Avenue between 13t`' and 14rA Streets anti/ it Alas been determined Mat this connection would be unlike /y or unnecessary. The App /ieant Alas submitted a Letter of No 4. Proposed vacation would not jeopardize the location of any utility. Objection from CenturyLink and a signed Uti /ity "Since there are no utilities in the exist- Company Aut/orization Form from FPL. On t/is ing alleys or NE 3rd Avenue ROW form FPL noted tAlat upon c /osing it wi // need an there is no jeopardy to any utilities. easement for a power/ne in the NE 3rd Avenue There is a potential water main to be installed in the existing NE 3`d Avenue ROW. Therefore, it wou /d be necessary for the ROW, but that right is proposed to be owner to provide easements in the NE 3rd protected by a proposed easement in the Avenue ROW for OUA's water maim and FPL's limits of the existing ROW." power /ine. 5 Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE Id Av. Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested alley vacation /abandonment is consistent with the require- ments of Sec. 78 -33 with the stipulations suggested by the TRC at its meeting on September 15, 2016, which read as follows: 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 north /south; 3. FPL and OUA easements granted; 4. Notation that the North to South alleyway in Block 2 is NOT included within the Petition; However, we do find the requested vacation /abandonment of NE 3rd Avenue may not, at this time, be in the City's best interest and should be denied and deferred until it has been determined that the connection to the proposed 710 by -pass is unlikely or unnecessary at this location. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management October 24, 2016 (Rev.) TRC Meeting: September 15, 2016 PB /BOA Meeting: October 20, 206 City Council 1st Reading: November 15, 2016 City Council 2nd Reading and Public Hearing: December 16, 2016 6 'Staff Report Applicant's Name(s): 441 Palms, LLC Vacation of an east -west alley and portion of NE 3'1 Av. [;`ftni e Serving Fivrida (.Deal Governments Since 1988 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'(U -WW-rib 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: - ILi- I Ifi Receipt No: 4 3q a 4 TRC Meeting: �y Publication Date: `-i -�� Letters Mailed: NM PB /BOA Meeting: Publication Dates: 0_ AO- I Letters Mailed: City Council 1st Reading: 11- /5-/Lo CMR Letter E- mailed: consultant is hired to advise the city on the .0 application, the applicant shall pay the a tul, costs. �2fr�a���C'� City Council Public Hearing: �a.�p_1�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. I (o -Q - h Required Attachments V 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 f 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) 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. owA,..ef Carrot Word �.� -2D1,t, Signature Printed Name Date Name of property owner(s): 441 Palms, LLC Owner(s) mailing address: 1080 GM-Street reel- Owner(s) Owner(s) e-mail address: csoword90 @gmail.com Owner(s) daytime phone(s): (863) 610 -5913 Fax: Required Attachments V 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 f 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) 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 $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. owA,..ef Carrot Word �.� -2D1,t, Signature Printed Name Date PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78 -33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board /BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his /her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: 1 posed v:0att011, consiswnt with the Comprrehensive Yes, the vacation is consistent with the City's Comprehensive Plan. The City's Comprehensive Plan defines a Right - of Way as "Land in which the state, a county, of a municipality owns the fee simple title or has an easement dedicated or required tor a transportation or utility use. (9J- S.UU33 P. A. C.). since the alleys have no current uses nor any forsccablc -would uscs, they rcct the icqu• u . Nt 3rd Avetiuc has no outlet to the ,earth si«cc the City T units Diteh is to the north and north of the City T imits ditch is a nursing home wbo would have no Private interest in private traffic traversing their property. 2 Right of way tolhe vacatedlis -slot the sole: accessilto.,any property „Land the rernainmg..'.: access is riot an`easem'ent This request meets this standard. is iequiied to maintain aull ietuiii the laud to the tax tolls. 3 roposedmdeation.is m the pubic intefiest and prow des.ad ene 4 o The existing alleys and NE 3rd Avenue ROW are currently unused and have no immediate or future use. This is in the public interest and a benefit to the City to remove the existing Rights of Way. This will reduce the land the City is iequiied to maintain aull ietuiii the laud to the tax tolls. t4.$Paiiii vaafiiiii Udmot ieatta M e31ocain of ny uli° r ; 5, 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 863-7634131 Fife No.: 16 -8946 11111111111111111111111111111111111111 FILE NUM 2016003918 OR BK 774 PG 274 ROBERTSON, SHARON CIRCUIT COURT OKEECHOBEE COUNTYr FLORIDA RECORDED 04/28/2016 03:59:20 PH ALIT $300,000.00 RECORDING FEES $18.50 DEED DOC $2,100.00 RECORDED BY 11 P i non Pss 274 - 2751 (2 pas) Parcel Identification No. 3- 16.3736 -0010 -00020 -0060; 3.16.37.36-0010-00010 -0010;34647 -36 -0010 -00010 -0060; 3- 16.37- 36 -0010 -00020-00230; 3 -16 -3736 -0010 -00020 -0210; and 3463746. 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 Dledra 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, lying 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 6, 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 singular or plural. 85 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: With sNrr ne: AC.OELAAHMAN zE {N[ SURAIYA HUSAIN, Individually and asTrustee Witness Name: Wi ss e: AAON-ftAW AN eE r►'t MUZAFFAR HUSAIN, Individually and as Trustee Witness Name: Book774 /Page274 CFN #2016003918 Page 1 of 2 State of Florida County of Q ylk 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 [J is personally known or �] has produced . as identification. ' d [Notary Seal] Notary Public 1/4-52r 1N111111111R/yo ys�(�ENEET/615' L Printed Name: 4 4'n�s *_ }I 8011 .a �/jp, isSG thOIMV My Commission Expires: Si Z6117 Book774 /Page275 CFN #2016003918 Page 2 of 2 r. ta2 19 0 ( )t 0 19. p- op: . This Inatrtmnent Prepared By -1(.‘ And Return. to . Tom W Conely, DI 207 N.W. Second Street Okeechobee, Florida 34972 Property Appraisers Parcel ID#: Grantee's SS #: mps paid In tho amount of - ET; 3©2 acE . 352 WARRANTY DEED THIS WARRANTY DEED Made the 25th day of July 1906, by THE NORTH AMKRICAN 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 46168, hereinafter called grantor, to MUZAFFAR HUSAIN and SURAYIA HUSAIN, his wife, whose postoffice.address is 160 N.E.-18th 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 aQ ign' of individuals, and the successors and assigna of corporations). .W1TNESSETH: That the grantor, for and in consideration of the sum of $10.00 and other • valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, 'remises, releases, conveys and confirms untokhe grantee, all that certain land situate in County, Florida, • C viz: • - Lots 16,16,17, and 18 of Block 2, CITY OF OKEECHOBEE, according to the plat thereof a �, recorded in Plat Book 6, page 6, public records of Okeechobee County, Florida.- c$om. E= o c .`2 L° N • TOGETHER-with all the tenements, hereditam'enta, and appurtenances thereto belonging or in e appertaining. • E a PP • V TO HAVE AND TO HOLD, the same in fee simple forever V) N J - • s V) ;- �.. AND the grantor hereby covenants Vrith said grantee that the grantor. is lawfully seized of said V. co •: ' land in fee simple; the' hat the grantor has good right and lawful authority to sell and convey said land; that E i_ ' f: E i.-., � `. the grantor hereby fully warrants the title to said land and•will defend the same against the lawinl.claims - in ° .G of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing • N o. d e subsequent to December 31, 1995, and reservations, restrictions and easements of record, if any, which :c• .... .: a ~ "" t'-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 pj$Bence: Witness's Signature Gulam Al Kapadia Witness's name typed or printed Witness's ture KhArli ja RORP Witness's name typed or printed THE NORTH ANIFiRICAN ISI,ANIIC TRUST, INC. By M. Naziruddin Ali, Secretary 2622 East Main Street Plainfield, Indiana 46168 (Corporate Seal) •e�. ;,• \ IK 382 PACt 353 STAVE OF INDIANA COUNTY OF X6`£{8. 'MARION I HEREBY MINIFY, that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take achnowledgementa, personally appeared M. NAZIRUDDIN ALI known. to me to be the Secretary of THE NORTH AMERICAN ISLAMIC TRUST, INC., the corporation in whose name the foregoing instrument was executed, and that he acknowledged executing the same for such corporation, freely and voluntarily, under auttorityh duly vested in him by said ffi corporation, and that the. (ai seal axed thereto is the true corporate seal of said corporation, and that he is personally known to me. WITNESS my band and official seal in the County and State last aforesaid thin .25 tl ay ofJuly, 1998. . Notary Public's Signs 1 e jiahauddin A. Rade' Notary's printed name My Commission Expires: October 8, 199fa• (Notary Seal) • .4 J J 1. • .( 11 L r IK .382 PAGE 3.54 �1�4dl*-��OR Bk 4-6.73 Pg .30E54- Droop Co FL 4714882 hM, .dAc+A tw Dxv."anC T. M J . HE NORTH AMERICAN ISLAMIC TRUST .INC. 10900 W. Washington Stroll o Indianapolis, Indiana 46231 0 Tel: (317j639-92413 o Fnx: (317) 639.2511 TO t1H0ti IT HAY CONCERN ' RESOLUTION OF THE BOARD OF TRUSTEES • In n meeting of•the Board of Trustees of .The Horth••Americiah Islamic. Trust; Inc., MAXI) held on Play 2, 1992 the Board unanimously resolved `that: ," °The Gerioral Manager. of The North American Islamic• Trust, Inc., •(NAIT), Mr. M. Naziruddin Ali in hereby authorized to execute any neoessary-documents required •for the sale_ or purchase of any. investment real notate of-The North: American Islamic . T•rust, Ina. such. no' •Dupage- Property, Brementown. Toanhomes_ Project,' . Fairfield Court Partnership Project, and Dr. Hu000in • • ' Clinic. real agitate:" .Basnam.Oamon,-Chairman- NAIT Board of Trustees. .:State of Indiana - County .of Marion '.Subscribed' ond. sworn before me this 14th day of Decenber, .1992. �: • •• .: J • H: Naziruddin 'Ali, Secretary. HAIT Board .of •Triustee0 • Bahauddin.Bade: • ' Notary Public Hy commibsion .expires: October 8, 1996 I certify that this'is a true and exact copy of the Original..- 286597. 'FILET) FOR RL(;OR(; OKEECIIO[:EE CO. ► I •- Bahauddin Bade- 96 SEP —5 AM e; Ogtotary Public • My commission ex !�R Y P • County of Residenc . E13T$(996 CUIT COLS: • na:ma "mom • • Peten ro: (cedes. uit.ennutd sword metope) Chester B. Griffin, Esq. "'W` P. O. Box 1270 "4"' Ft. Pierce, FL 34954 Tbl, imtrunmt Prepared by: nao„Chester B. Griffin, Esq. of Neill Griffin Jeffries & Lloyd, Chartered A0de1J11 So. Second Street Ft. Pierce; FL 34954 tnoprny Appraneea react )deoilnudon Polio Netebede): Onett0N( 5.9. a (e) WARRANTY DEED IUOMS.10 Wa5VID. 2';'2908 RAMCOEORMOI MK- r�7`��16 €l 176 FOR OKC FILED C,`..'.. Ft.. 96I S 11i P1112: 05 CLERK O(•lCIR Uj Coss::•: CLERK of ,ocunlontafy Stamps paid In the amount of Cleft: ofCIi all SPACE ABOVE THIS LINE FORPROCESSINO DATA °1t8 2t Lrit2T7EEtf, Made the 8th day of MUZAFFAR HUSAIN and SURAIYA HUSAIN, his wife tut dnte SPACE ABOVETIOS UNE FOR RECORDING DATA M a y , 19 96 , by hereinafte(rf rcalled the dated Grantorr.:0 SORRAIYYA HUSAIN, as Trustee of the Suraiya Husain Revodaf)1 TPAOSetpo5l 0 ice atddres is 1D08ii R99 th Street Okeechobee: 'FL" 34947 hereinafter called the Grantee ' • . (Wherever used herein No him 'Grantor end 'Oro toe' Include -eh the padres to this ln,lnrment and the hole, lapel ram tentelke1. and eesigm of lndtrbuats. and Use emotion and assigns of corponlion% wherever the oontoat se edrrdn or requIree.) • itnessetlt, 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 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 easet(ents, 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 ieal.property des- cribed hereinabove, including but not limited to: all powers listed in Florida .Statutes 689.071. . . . . 3fngetljer, wide all the tenements, hereditament: and appurtenances thereto belonging or in anywise. appertaining. Virf F.thtbe ankh) ialb, the sane in fee simple forever. • • &Ana 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 laivfid authority to sell and convey said-land, and hereby warrants the title to said'land and will. defend the'sante against the lawful claims of all persons whomsoever; and that said land is free of all eirctnnbrances, except taxes accruing subsequent to December 31, 19 95. 0.1it Pitnene Pliiered, the Said Grantor has signed and sealed these presents the -day and year first above written. • Ili! • • Signed, sealed and deliver d in the presence of: Wrenn, Slrurnte 01 to Gnt r . art - • Chester4B. relnyetl eme iffin Wham Sitestur`n to tied Gomm) Mary van der Lugt Panted Name Wimera Slsesture lee to Co. Gnnme. if any) Ptlm,d Neale . Wimp Sismmee 1st to Ce.Greerur. It any) Meted Name STATE OF FLORIDA" ) COUNTY OFST. LUCIE ) thereby Certify that on this doy, before me. an officer duly authorized Muzaffar Husain and Suraiya Husain,. his wi1`gdminisicr oaths and take acknowledgments, personally. appeared Grantor 5irn,tuee Muzaffar Husain Primed Neme 150 N. E. 13th Street, Okeechobee, FL 34:74' Pon Office Addle" • Co.Onnter 5)5nnor,. d soy) - Suraiya Husain Printed Name 150 N.E. 13th St.. Okeechobee. FL 34974 eau ornee.Addroa -a it known to me to be the persona____ described in and who executed the foregoing Instrument. who acknowledged before me that they • executed the same. and an oath was not taken. (Check onc:) Said person(s) is/are personally known to me.0 Said person(s) provided the following • type of Identification: 0) 9e II NOTARY RUaDEn STAMP SEAL - ,:p++'' }., MARY VAN DER LUDT .t t les MYCOMMISS(ON /CC355562COMES April 7. 1998 • of, !le/ 110:0(01lialIFOTIMAtraWMACTOC. Witness my hand and official seal in the County and Stoic last aforesaid A D.19 96 This Bthday of May Natwy ernai ite.trd van der Lugt pdned Nam, AUG 1 0 2016 August 9, 2016 City of Okeechobee Attn: Mr. Marcos Montes De Oca, City Administrator 55 SE 3rd Street Okeechobee, FL 34974 Subject: 441 Palms, LLC Abandonment of NE 3`1 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 OFn�l COUNTY OF ; �t? r -,:1 F: The foregoing instrument was acknowledged before me this ,/ ' 120/ (date) by •J who is personally known to me or who produced ! or, OA t9A t v -R'5 t1C61.4eas identification and who did (did not) take oath. (Seal) Commission No. FF 0 %zq (Name of Notary typed, printed or stamped) tb ' 7 ffl 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' 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 Tots 1 -10 and north of Tots 17 -26 in City of Okeechobee Block 2 ifity M. Signaufre of; ..roperty Owner Muzaffar Husain, Trustee Printed Name STATE OF + - R.10A- COUNTY OF -ity- The foregoing instrument was acknowledged before me this /," by v %. r t `� ".S A f AJ . L who is personally known to me or who produced identification and who did (did not) take oath. (Seal) i Commission No. C( i4.' Gci 1 (Name of Notary typed, printed or stamped) (date) as 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 _1_ e L. h Q S f3 -�C --4 _ f„a T) 863 -452 -3473 863 -467 -3721 or 1-14 ,g A bOrt c4,mM 4-- O -L 3r a /4 6 al vt dw"" t _Ptnn e- I o S rtiti Wilt it/4 (pl. ,Q Donna Padgett 86367 -3708 1 �C � �l✓I.IJ _r i-��J t n lkf Au ionized Signature -pork A A- P 4 i4- c103-4161-370C" 1 13 j J. Typed Name & Title Phone No. Date Century Link 863 -452 -3473 Tess Bentayou tess.bentayoOcentutylink.cont Authorized Signature Typed Name & Title Phone No. Date Comcast Cable 863- 763 -2824 107 NW 71b Avenue Authorized Signature Typed Name &Title Phone No. Date Okeechobee Utility Authority John Hayford 863- 763 -9460 100 SW 5m 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 CenturyLink- LETTER OF NO OBJECTION May 20, 2016 Mr. Steven L. Dobbs, P. E. 1062 .lakes Way Okeechobee, FL 34974 SUBJECT: PROPOSED VACATE OF NE 3r'1 AVE AND ALLEY IN BLOCK 1. AND TWO ALLEYS IN BLOCK 2, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT TO ER EO RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OKEECROBEE COUNTY, FLORIDA; PRN 777252 Dear Mr. Dobbs: Please be advised that Embarq Florida, Inc. D/B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation and abandonment of the following: 1. NE 3r`' Avenue lying bounded by NE 14th Street on the North and by NE 131" 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 Lot s 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. L 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 be any questions or concerns, please contact me at 407 - 814 -5318 or by email at ictoria.buchcr u.ccnu:rrlink.com. Sincerely, EMBARQ FLORIDA, INC., D /1:3 /A/ CENTURYLINK ;i r' Victoria 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.huchera centurylink.coi centurvlink cone rr: 1 I I, 1,1 I As 1.-AT 1.4 d.^..4,1• • P10.1.1711 • C'* A SC. PAM n') „. j anucu81S pazl.ogmy a DLL 'g aweN Pads, ,7 4SIE-E91.-E98 awisni1700 41aiginD [19 � a M C ,. n� H 0 0 0 0 z d �z cK 00 C 7' En" r' O H0A 0 01 0 w 0 0 z 0 apiy+g auteN pad6y 0 anuany q,S MS OOi 091,6•E9L-£90 a 0 et 0 0 am7eu8IS PazNo47nV 6t8Z-£9L-E98 a[4eJ lseatuo8 -s Vy. r animals PazliogtnV alILL'8 aweN Pa(l S z 0 0 7 0 0 £L4£•ZSS-£98 E CJ PPM +g owe padi(L 0 R �o IZLE-L96-£98 0 3 0. 0 Re z S CA G y 0.o a5. 5%.'1 0 ET w a 0 P C O R a e c Dr '3 s n c 0 a rye. 0 B 3 O Utility Companies Authorization Form !, to- — J rn / ( { { , | 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 Icbausionmrrrf- off' IUE 34 Ike amen /JEJ,3'"'(S�F 4 Kh.J /q 4. 863 - 452 -3473 and !J(19 5 in Nock -4 Ida of -I-ire G 6 o- Okt.c -cc Tess Bentayou !Ub O 6SEcTzoNs 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 Icbausionmrrrf- off' IUE 34 Ike amen /JEJ,3'"'(S�F 4 Kh.J /q 4. John Hayford and !J(19 5 in Nock -4 Ida of -I-ire G 6 o- Okt.c -cc 863 - 763 -9460 !Ub O 6SEcTzoNs 100 SW 5th Avenue (p4thorize.. .7:.7 lFl_ �v -�_I/ lLL�/7ty /�G Ti/ Typed Name & Title 9(3 -N1-91e0 /7/ ,, Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate 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.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 Date Hamrick -Estate- -7- 21.4..,5-7 r� //4- M2 iC 1{ 77Z L'-r % a 2't/ r T /-f ,4 Gil Culbreth, Co- Trustee /Ai ---t,e--z a7-- „U Sit , c,-�-764 2 0 7133e. e. 7`7 863 - 763 -3154 .) Authorized Signature /- {. S.2z7-/i 57, /43-743-sip/ Z-?-/‘ Typed Name & Title Loo --reu J�L� Phone No. Date OKEECHH9O =:EE COUNTY PPOPERTYiAPPRA9SER'S OFHCE GIS / MAPPING DEPARTMENT W.C. "BILL" SHERMAN, PROPERTY APPRAISER Drawn By: RU55 DUNCAN CFE, AGRICULTURE / MAPPER Date: 5/12/2016 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 xneal8 •y ylauuax 46013 .014 81 (0286 'ISO) 15' ALLEY (NOT IN USE) 0 c z 0 r-c { RIVERSIDE DRIVE AS SHOWN ON PLAT OF RIVERSIDE DRIVE AND ADJOINING PROPERTY WEST OF TAYLOR CREEK (PLAT BOOK 1. PAGE 22) 0 0 a 8 17 1 16 20121 29 128 OKEECHOBEE ST. LUCIE COUNTY. 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C 19.972941 X91 pm 1�got mom 4111 T RC skot r 0 1 61.1 IraT 19 101.119 111111 119;01 001111 op�sm1 1111;1 1 :1111 011,0111 111111 001.10 01 0 0 CCE :IN 1:4 Im 0 Iu 'o 311 iCA ;110 111111 CS 9ST :401 1011 -r 110 a 7: Aa6 amt Gm€ 11 101 �`J1dE AVE.. 69 in EL- VAN 0111 t40 n 00 N J 4 10.1011 11111: 111011 001110 110: 111 111111 1 1111 101111 10,1101 J V- 01 01 H 1apVgm 111.1'110 10': 11.01: 01 p'® engem 111 11401001E 11011101101:1 111:10 101101 01. @11969: MINUTES 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 Staffs 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. ATTEST: Marcos Montes De Oca, Chairperson Patty M. 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I.I.I E 0 Y ` J .O CO 0_ 41 °° N 70 con "0 Q_ L m m CD L m a) a- m o a) �O J ° (L6 O_ E O O Q) @ .� 0 .0 0) CO LL CO G 2 a) �° > O ° O_ .-. cn J Q L ° O 0 cn 'C a) Q- .L-- t.-- L cC0 cn Q= m .c aa) E c m U d o z m aci a m e c) .m _� Eo ° ° aoi c UQ 0a ms UQd o ° ��c.iZriv gQ o_0 a_ 00)-0-000 m-0 m- 0_ a) W o) z w •� a) o m0 "m m c c o U o > W o p. ill >r,' m Y c p c 5- • 0 O 0 O N 2, _c (J .0 m m U cn ° a) Y O Y p U C 0 Z75 O a) m $ o .00 E c�-o a- d C 0 T 0 u) C m C a) • m cO Q Q M .0 W UQinzn I N m C cf) m ° 0 a) a) O Z • JJ m o EE (r) a) 11, W_ O d z 3 c o E _I .o °o > co m (▪ a Q d▪ 6r)d m Z W IZ . 0< Review TRC Recommendation - approval with special conditions. 0 c C a 0 O (D (D n ID Ni 0 o:r oC 0 0 0 0 cn - = m ,< _ 3 N D a rn o Q Po mom z m ° a 0 (D c< co CD O p c 0 r. CD r m rn rn � O = ? o' 0 0" -P 0 m o ° NW W `2 a) 0 0- _. to �,• 0 0 m * 0 03" .o °) Z7 o 0 o 5-- 3 cc 0 r ti) 0 CJ) p 0, — m 00 °- oW 0 -0 0- 0 N 7 0 (D m O 3 = �. p 0 0 93 3 a) O� n m D = G M 00 0 o o = n CD T = Q° c. D O CO o O M C.0 0. 0 = O _, _ m '� 2 c)" 7:1 a x n o 0° ma, o' a Es: E.)- 1-177n- 5 co Nc0 n 0 O Disclosure of Ex -Parte Communications by the Board. W N C co i- s-. -0 — 7:, = a W ° (0 °1 m 0 c c) co _D N a 0 D a o Z (1) 3 C1 0 a 0 ° 0 7 co =-. CT) �_ _ o m (4 _ 0 O p O o 0 O Z -' a 0 CD �v 0 m 0 0 cn ° 3 c zv 3 > r ° 0- r o m C7 0 �CD < c. m = 0 0. 0 (o 0 Q 0 = Q - o o 0 0 ' (n T v CD -i 0" = o 0' 3 Sc o_ z O 9- o C m cr O co o 0 (�_ 0. Q N D 5 O ON O 0 (D C7 " a) 0 O C 0 (0 O_ N a 0 6 CD r v o 0 oo c.-7). co g' o = 7) = v ca 0 m (D =. 0) in = ° 0 co rn = m ts- o ° 0" CO 0 0 3 0 = 0 CD 3 co ° co 3 CD (0 0' v '< oo p o- o- 0 _ 0 o'n C7 °x (D O N 0 0 Q (0) O = ..-C-- 0: 5 (°n -n -, `. v3A - 1NIVSSVNO(` MCCREARY - ABSENT KEEFE - ABSENT V3A • N31218,Q '0311RIV8 NOIlOW V3A - 213AOOH 0 0 D V3A — NOlLVB V3A -NVINHODVB w en a 0 m Chairperson Hoover asked whether there was any further discussion. There was none. =', T 3 o O o Q a co = 3 0 n p 0=- (° - D S m O a D _ O QO a . O O o N O O • CL n m 0 O a °- 0 2 a n) o o p a 0 0 < an ° p o( O 0 a o O -G o -.o w cn "O O O N 5. N a; Ul = D o_ n) (on =o 6 -o CD 0 m _. m 5-m o NQ 0 CT CD ° Q Q- ID 0 Cn 0 CD _ 0 co 0 • = 0 _ <- CO CD O O' (D (CD CO O Q0 d co I- O 0 K a 'O . O m U) 0 3 o 4n 0 o n D 3_7 m S - N D (fl o (c 'co co CD v 3 co co O O o- co (st m D 3 p — O o= O 3 m o (D to N N - D 3 O 0� * 7 o 5 . O cO NC = 3 N •= a _ . CD (D ° p O (o C (D 0 O = m C 0o 2 N3 0 _ = 3 D CD = v o (D° _ 0 n a) cc m (n o 0Z o 0- O 3 o Q = o - C (� = w m o (D p) o) d In -i"� N co p CD N (D CD 0 N — �-� �-(D r (D CD O d W (D_ p COD O =y N (D = a) p_ cam, _- (U O 0 N co 0 . O O O_ CCD N N = T . Q co = 0 Q Q o 0 0 N N (D 0 O6 ° tU d co N co -O '� (n O (D (n N CD CD = m 0 3' n m a P CD < a m a o 0- ° °' -< 0 _O m a) '< m a m v 0— 0 _ - 2 3 o w m � -- o m (Do_ O 0 0 =" _ a) m O `� a) 0 (D �• o- w n = 0 �-0 (? °c 0- o Wo 0 m Cr) 0. F13- n) cD W n CD (CD = O o m O N (D CD Q ° T� ° m m o = 0 0 a .A 3 0 0 �D 0 310A - NOISSl3SIO - NOILOY OCTOBER 20, 2016 — PLANNING BOARD • PAGE 3 OF 7