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2017-01-19I. CALL TO ORDER — Chairperson. MINUTES OF THE TECHNICAL REVIEW COMMITTEE THURSDAY, JANUARY 19, 2017, 10:00 A.M. CITY OF OKEECHOBEE 55 Southeast 3rd Avenue Okeechobee, Florida 34974 The January 19, 2017, 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 Jeffery Newell — Present Fire Chief Herb Smith — Present Police Chief Robert Peterson - Present Public Works Director David Allen - Present Non - Voting Ex- Officio Members: City Attorney John R. Cook — Present City Planning Consultant Bill Brisson - Present City Civil Engineering Consultant - Attendance not requested County Environmental Health Department Representative Doug McCoy - Absent OUA Executive Director John Hayford - Absent School District Representative - Absent Committee Secretary Patty Burnette - Present III. AGENDA — Chairperson. Chairperson Montes De Oca asked whether there were any requests for the deferral or withdrawal of items on today's agenda. There being none the Agenda stands as published. IV. MINUTES — Secretary. Building Official Newell moved to dispense with the reading and approve the Minutes for the regular meeting held October 20, 2016, seconded by Public Works Director Allen. Motion carried unanimously. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC, a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street - Senior Planner. Before discussions began, Administrator Montes De Oca disclosed for the record due to a conflict that would inure a special private gain, he would abstain from discussion and voting on this item. The applicant, Mr. Jeremy LaRue, is a client of MDO Engineering, owned and operated by Mr. Montes De Oca. Planning Staff Report: Planner Brisson explained Mr. LaRue is requesting to abandon 60 feet of the 70 -foot wide unimproved right -of -way of Northwest 10th Avenue from the south boundary line of TRC - January 19, 2017 - Page 1 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 17- 001 -SC continued. 8th Street to Northwest 7th Court for a distance of 200 feet not including the intersection of 7th Court and 10th Avenue. The applicant owns Lots 1 to 6 and 15 to 20 of Block 13, NORTHWEST ADDITION, located immediately west of the subject property. Planning Staff's responses to the required findings are the property is designated Industrial on the Future Land Use Map and the Zoning Map. It is not the sole access to any property. Other properties bordering the proposed abandonment gain access by Northwest 7th Court, 7th Street, or 10th Avenue. The public benefits associated with the abandonment are, the existing right -of -way is currently unused and has no immediate or future use. It will be a benefit to the City to remove the existing right -of -way which will reduce the land the City is required to maintain and the property will be subject to ad valorem taxation. A utility easement is necessary for the Okeechobee Utility Authority (OUA) for existing infrastructure with 24 hour, seven days a week access. Based on these findings, Planning Staff is recommending approval. Mr. LaRue was present and added he paved the portion of Northwest 10th Avenue from Northwest 7th Street to 7th Court as required when developing his property. A stop sign was installed by the Public Work's Department. A fence was constructed around his property as well as the portion of Northwest 10th Avenue across the actual right -of -way. He will provide a combination lock to the City and OUA. Additionally, he has made a request for a street light to be installed at the corner of Northwest 7th Court and 7th Street for safety purposes. County Environmental Health Department: No issues were received. OUA: In the absence of Director Hayford, Secretary Burnette read into the record the OUA's comments provided on the petition. If the applicant is willing to give to the OUA an easement with 24 hour, seven days a week access, then the OUA is agreeable to the abandonment. The applicant and an OUA representative have met to "field locate" the OUA's line. Public Works: Director Allen commented that the City would require an easement to maintain the drainage ditch along the east side of the unabandoned portion of Northwest 10th Avenue. Police Department: No issues were received. Building Official: No issues were received. Fire Department: No issues were received. Chairperson Montes De Oca asked whether there were any comments or questions from those in attendance. There were none. He then asked TRC Members to disclose for the record whether they had spoken to anyone regarding the application or visited the site and disclosed he had more than one conversation with the applicant regarding the project. There were no other disclosures. Motion and second offered by Building Official Newell and Fire Chief Smith to recommend approval to the City Council for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street. Discussion ensued. TRC - January 19, 2017 - Page 2 of 3 V. NEW BUSINESS CONTINUED. A. Abandonment of Right -of -Way Application No. 17- 001 -SC continued. Building Official Newell offered to amend the motion on the floor to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, with the following conditions: OUA easement granted and to consider the request for the placement of a street light being installed at the corner of Northwest 7th Court and 10th Avenue. Fire Chief Smith seconded the amended motion. Discussion continued regarding the street light. However, it was decided this would be handled by the Public Works Department and should not be made a condition of the petition. Motion and second were withdrawn. Motion and second offered by Public Works Director Allen and Police Chief Peterson to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 17- 001 -SC, to abandon a 200 by 60 -foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, with the following conditions: OUA and City easements rag nted. Motion carried, with four yea's and Administrator Montes De Oca abstaining from voting. Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers was filed on January 19, 2017 and made part of the minute file. The Petition is scheduled to be reviewed by the Planning Board on February 16, 2017. 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. Marces1111ontes e Oca, C ATTEST: person Patty M. Burnette, Secretary rw� Nl6u.cru�.�i� TRC - January 19, 2017 - Page 3 of 3 CITY OF OKEECHOBEE JANUARY 19, 2017 TECHNICAL REVIEW COMMITTEE HANDWRITTEN MINUTES I. CALL TO ORDER - Chairperson: January 19, 2017 Technical Review Committee Meeting, 10:00 a.m. II. STAFF ATTENDANCE - Secretary Present Absent Administrator Montes De Oca Building Official Newell Chief Peterson Chief Smith Engineer Public Works Director Allen i/ NAY ✓ ABSENT ✓ ✓ Position vacant at this time ✓ Non - Voting Ex- Officio Members: Newell Attorney Cook County Health Department McCoy OUA Executive Director Hayford Senior Planner Brisson School Representative Secretary Burnette ✓'" V ,/ f/ Smith ,/ ✓ III. AGENDA — Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES - Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of October 20, 2016. k4,001 moved to dispense with the reading and approve the Minutes for the regular meeting of October 20, 2016; seconded by 7t ( f One.- VOTE YEA NAY ABSTAIN ABSENT Allen ✓ Montes De Oca ✓ Newell I/ Peterson ,/ Smith ,/ V. NEW BUSINESS - Chairperson. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC, a 200 by 60 foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street - Senior Planner. 1. Review Planning Staff Report. M b() d t sc [osu re Torrkt eJ�2 ✓om cf ,`5 ()Apo CI wed Eirts.s64 UL 0- WictIA: i -f=orm ,r -/ *1 n dasottoq t o 1 C Vol n,, 1 6l r (co rd it o nvt_a.1c e site- c \-1 /re tiP CI titti d 10 x, }k d l� r) - - vc�.� -�, ^r o r cue S � re t claim • a teh o n ecs f sat j i vrnkw s rivQ,6 �f 6.S � 9 P tO tuoacl ►v c,.'-ltd r cQ 10i-4- 60d_ 5-17 i 1 js�!d }dot recarrI pr t woe, p ro per+L( on Li vet rah h (-e,q La re. eaSPvrYZ' -Iv YY (cull t 2 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC continued. 2. City Staff comments. prt'vc rx,A. pa 3. Hear from Property Owner or Designee /Agent — Jeremy LaRue. RA) g autet <' refi, -/ (o1..c.) s,bp s' 0 tr eigOckk la?') Leon bu'+ locks aY cL.. Con ,v2 Cvrnio,r I6.4 h °sees? req u.est) n ShieL4 h on NW 7 111 el- 4r- 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 3 V. NEW BUSINESS - continued. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC continued. 5. Disclosure of Ex -Parte Communications by the Committee. jml D v{'t7 _ r e a vc s� O+- hfdLs0,1o,scue ,0 NCO. trove a )o r? once.. 6. a) Consideration of a motion to recommend to the Planning Board to approve or deny the petition with /without special conditions. Neese t 1 _ Motion and a second offered by and �'' 1 to recommend approval /denial to the Planning Board or Abandonment of Right -of -Way Petition No. Petition No. 17- 001 -SC, a 200 by 60 foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street, with the following conditions: Moto vVa: nrx N to Pe and.rncic.cdt, ©upL oYrnen+ cA-PA. to 06-0-"Le r re3t SI- of pure rrnfo -F Sf rec+ la n p Add= i k clAsetts.stoo k z ... een Jai 4- D A DA v, s freef (o Olt rs reef/Alt/ 0- pc.0 ir c.xic.r s hexi,knot rel 0101 d 6r , So JAI to rfhdreu) of ,s ijr �t�r yl - Ne� 010-116.r) D - >iecornry-te 1c( App (Dvo._t 4D r)n �� i- f3cu.& wt }h WR / all( (awnr1 -I-o mat ntaci" D r kk ' `fie � c 109 ftJeL ovt b) Discussion. V. NEW BUSINESS - continued. Abandonment of Right -of -Way Petition No. 17- 001 -SC continued. c) Vote on motion. VOTE yA NAY ABSTAIN ABSENT Allen Montes De Oca ✓ Newell ,/' Peterson Smith APPROVED DENIED VI. ADJOURNMENT — Chairperson. There being no further items on the agenda, Chairperson AA D 0 Meeting at 10:10 a.m. 5 adjourned the Technical Review Committee Patty Burnette From: Sent: To: Subject: Patty Burnette Tuesday, January 17, 2017 10:49 AM 'John Hayford' RE: TRC Meeting John, On the consent form you indicated "will require an OUA easement for existing infrastructure in NW 10th Avenue (60' wide) ". This has been distributed to staff and the Planner has mentioned this as well in his report. 1 can read for the record your email and then this should be included in the recommendation to the Planning Board should one be made. You can come to the meeting or be excused. Just let me know. Thanks, Patty Patty M. 6u 1 e,ttc/ Cj. eneral Services Coordinator City of Okeechobee 55 Southeast 3rcTAvenue Okeec(io6ee, EL 34974 `Ted 863 -763 -3372 ext.218 Tax: 863- 763 -1686 e-mail: yLurnette @cityofokeechho6ee.coni weLsite: www.cityofokeectio6ee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: John Hayford [mailto jhayford@ouafl.com] Sent: Tuesday, January 17, 2017 10:00 AM To: Patty Burnette Subject: RE: TRC Meeting I do have a conflict with this meeting and a previously scheduled public service (Science Fair Judging) event. I will commit to the City TRC meeting unless excused. 1 The OUA has a piping system in the existing City ROW in question. If the applicant is willing to give to the OUA an easement with 24/7 access, the OUA is agreeable to the abandonment, The OUA and the applicant have met to field locate the OUA piping system„ John Hayford Okeechobee Utility Authority From: Patty Burnette [ mailto: pburnette@cityofokeechobee.com] Sent: Tuesday, January 17, 2017 9:32 AM To: John Hayford Subject: RE: TRC Meeting Good Morning John. Sorry my note was meant for staff here at the City. I will have your packet delivered today. I am attaching an Agenda in the meantime. Patty Patty M. 60-riAx. F1-e- Gene.ra(Scrvices Coordinator City of Okeechobee 55 Southeast 3rcfAvenue Okeechobee, 'FL 34974 geh 863 - 763-3372 ext. 218 Tax: 863- 763 -1686 e main yburnette @citijofok.eechobee.com website: www.citJofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: John Hayford [mailto:jhayford@ouafl.com] Sent: Monday, January 16, 2017 8:21 AM To: Patty Burnette Subject: RE: TRC Meeting Is there a mailbox for the OUA or is the City going to deliver the TRC packet? 2 John Hayford Okeechobee Utility Authority Original Appointment From: Patty Burnette [ mailto: pburnette@cityofokeechobee.com] Sent: Sunday, January 15, 2017 2:55 PM To: bill@larueplanning.com; Robert Peterson; David Allen; douglas mccoy@doh.state.fl.us; Herb Smith; Jeff Newell; John Hayford; John Cook; Marcos Montes De Oca; Robin Brock Subject: TRC Meeting When: Thursday, January 19, 2017 10:00 AM -10:30 AM (UTC- 05:00) Eastern Time (US & Canada). Where: Council Chambers Packets were placed in your mail bins on Friday, January 13„ 3 JAN 19 2017 1 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME /1(,e"i 4i'%- d .S jls_ Ot .4 s!( ,Z.-:' o - 6/ i::;) NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ; L1-+4.- -.1-'-t.4 '' L- o,...x. MAILING ADDRESS <' - U;,c ;,e 0( v f-(Ara7 f. if THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICHISERVEISAUNITOF: CITY 0 COUNTY 0 OTHER LOCAL AGENCY CITY y g �%', f _. F L f� O fi G� J7 _r` COUNTY Cy f � .? NAME OF POLITICAL SUBDIVISION: p,C r H T 4.. •.d , -l;9 /,i-6/ -Y _1 G < ` -'1. d L -'''' * DATE ON WHICH VOTE OCCURRED ` / i q/77 2 - ; MY POSITION IS: ,; 0 ELECTIVE ,Q7 APPOINTIVE ; WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a' measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. - APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) A copy of the form must be provided immediately to the other members of the agency. The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /t(A2.c /if 644-g 5 ''O ,herebydisclosethaton 7 -f -c .,.Ft-Fz - -y / ( ,20 -- (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: / r ' 7" Date Filed Ft. Sign#u e (31 Fi,t.. ...G_. NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 Patty Burnette From: Sent: To: Patty Burnette Friday, January 20, 2017 12:18 PM Ken Kenworthy (kenworthyk @okee.k12.fl.us); 'bill @larueplanning.com'; 'Bob Peterson (rpeterson @cityofokeechobee.com)'; 'David Allen (dallen @cityofokeechobee.com)'; ' douglas_mccoy @doh.state.fl.us'; 'hsmith @cityofokeechobee.com'; 'Jeffery Newell (jnewell @cityofokeechobee.com)'; 'jhayford @ouafl.com'; johncook @cityofokeechobee.com'; 'Marcos Montes De Oca ( mmontesdeoca @cityofokeechobee.com)'; 'rbrock @cityofokeechobee.com' Subject: Requirement in regards to January 19, 2017 TRC Meeting Attachments: Form 8B Memorandum of Voting Conflict.pdf Good Afternoon. Attached is Form 8B Memorandum of Voting Conflict for County, Municipal, and Other Local Public Officers form that was submitted by Chairperson Montes De Oca and received by myself as Committee Secretary yesterday, January 19, 2017 at the TRC Meeting in regards to abandonment of Right -of -Way Petition No. 17- 001 -SC. I am emailing a copy to all voting and non - voting members for your records and information as part of the requirements. Thank you, Patty Pa f y M. 6u4-rte-ft' general-Services Coordinator City of Okeechobee 55 Southeast 3rd Avenue Okeechobee, 'FL 34974 Teb 863 - 763 -3372 ext. 218 Tax: 863 - 763 -1686 e mad pburnette @cityofokeechobee.com website: www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. 1 CITY OF OKEECHOBEE TECHNICAL REVIEW COMMITTEE OFFICIAL AGENDA JANUARY 19, 2017 CITY HALL, COUNCIL CHAMBERS 55 SOUTHEAST 3RD AVENUE OKEECHOBEE, FLORIDA 34974 I. CALL TO ORDER JANUARY 19, 2017, 10:00 a.m. - Chairperson. II. STAFF ATTENDANCE - Secretary. Voting Members: Non - Voting Ex- Officio Members: David Allen, Public Works Director Marcos Montes De Oca, City Administrator Jeffery Newell, Building Official Bob Peterson, Police Chief Herb Smith, Fire Chief Bill Brisson, Senior Planner, LaRue Planning and Management John Cook, City Attorney John Hayford, Okeechobee Utility Authority Doug McCoy, Okeechobee County Health Department School Representative Patty Burnette, Secretary III. AGENDA - Chairperson. A. Requests for the deferral or withdrawal of items on today's agenda. IV. MINUTES — Secretary. A. Motion to dispense with the reading and approve the Minutes for the regular meeting of October 20, 2016. V. NEW BUSINESS — Chairperson. A. Abandonment of Right -of -Way Petition No. 17- 001 -SC, a 200 by 60 foot portion of Northwest 10th Avenue between Northwest 7th Court and 8th Street. 1. Review Planning Staff Report. 2. City Staff comments. 3. Hear from Property Owner or Designee /Agent — Jeremy LaRue. 4. Public comments or questions from those in attendance, or submitted to the Committee Secretary. 5. Disclosure of Ex -Parte Communications' by the Committee. 6. a) Consideration of a motion to recommend to the Planning Board to approve or deny the Petition with /without special conditions. b) Discussion. c) Vote on motion. 1 VI. ADJOURNMENT — Chairperson. IPer Resolution No. 1997 -05 Officials must disclose any communication received including the identity of the person, group, or entity; written communication may be read if not received by all Board Members; disclose any site visits made; disclose any expert opinions received; disclose any investigations made; disclosures must be made prior to the vote taken. Persons who have opinions contrary to those expressed in the ex -parte communication are given a reasonable opportunity to refute or respond. Please be advised that should you intend to show any document, picture, video or items to the Board in support or opposition to any item on the Agenda; a copy of the document, picture, video or item MUST be provided to the Board Secretary for the City's records. ANY PERSON DECIDING TO APPEAL any decision made by the Technical Review Committee with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and that the record includes the testimony and evidence upon which the appeal will be based. General Services media are for the sole purpose of backup for official records of the Department. In accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department, no later than two business days prior to the proceeding, 863 - 763 -3372. 2 ADEPENDENT NEWSMEDIA INC. USA Okeechdbee News 107 SW 17thi °'Street, Suite,.D , OkeechobeeElorida 34974 863 -7 63 -3134 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 1.�{,4. in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of k 3 ( '7 , 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. Sworn to and subscribed be re me this I t' day of Katrina Elsken io 1 7 AD Notary Public, State of Florida at Large ff J -J ANGIE BRIDGES MY COMMISSION # FF 976149 EXPIRES: April 20, 2020 .p, F, °P Bonded Thru Notary Put 6c Undonrtitors PUBLIC NOTICE TECHNICAL REVIEW COMMITTEE MEETING NOTICE NOTICE IS HEREBY GIVEN that the City of Okeechobee Technical Review Committee (TRC) will conduct a regular meeting on Thu, ]an. 19, 2017 at 10 AM, or as soon thereafter as possible, at City Hall, 55 5E 3rd Ave, Rm 200 Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be obtained from city - ofokeechobee.com or by calling the General Services Office, 863- 763 - 3372 x218. ANY PERSON DECIDING TO APPEAL any derision made by the TRC with respect to any matter 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 accordance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to participate in this proceeding, contact the General Services Department no later than two business days prior to pro- ceeding, 863-763 -3372. BE ADVISED that should you intend to show any document, picture, video or items to the TRC in support or opposition to any item on the agenda, a copy of the document, picture, video, or item MUST be provided to the Committee Secretary. for the Crty's records. By: Gty Administrator Marcos Montes De Oca 478996 ON 1/13/2017 \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. /7- 001-2, 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 hearings exceeds th Date Fee Paid: J a- 6- ich Receipt No: LI Q020 TRC Meeting: [— FQ_, 7 Publication Date: Letters Mailed: PB /BOA Meeting: nn a - /Lo- I 1 Publication Dates: Letters Mailed: public ' established fee, or when a professional -/ 0 consultant is hired to advise the city on t h 1 City Council Pt Reading: 11 CMR Letter E- mailed: ty Sc g; 3 -�'_ application, the applicant shall pay the actual C City Council Public Hearing:q -q /7 Publication Date: costs. 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 Ri ht -of -Way to be Abandon d: A ciOO'�C (EOM Poi l.Tl"i � OF,NcJ /OT-`' RUG CF /KfA r mSACPLPI ST) C yiNtrERS-f O f3Loc><, l3 NW /'+ l»l—►To -` r! t�L-a.S 5�,�c T��Gi��LY H_E L Cf (,o' Of l HE '-to R- © -�..) � LvcA �� �?.cz�RS�c t�crc a � ��� ��T�' ®� Au � CT bes Kda r C_LL l7C 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: ifke CoRP-eK t -JAY'' S LocicaL -b AT H -60te, �- c�cv i Kc �2A�L c�a. 1�AVE SPOI(LN t.- t1 f C'Ty Sr,1i flrvb JD NE. a_ fry -7 -v dac 9N c._27. 7- -%<lC REv7/11 -/ ; - /Yr- /7.L 7 �' G `� e 72_,9c6-'2) ',l`D r= 2- 2 e,111UE it}SG/2 A[ , TIKE ,1(ZEl; l -c)ULb 1)54-PLc 'FOP—TN-6- 7fLo?os&:_b 7-14 D 7,9 cG L . PAGE 2 PETITION NO. 17"-°°1-49`-'-' Ai Name of property owner(s): -FUVAL %b iOSbe SERV..Ia& CEJLCTE R Owner(s) mailing address: ?O ?p K 144 1 Owner(s) e -mail address: �I oTAL pq.D5 j 6E844- /-- ,A±,,,./. Carl Owner(s) daytime phone(s): 1(Q3 -(Q3-4 -9 p°o Fax: 7(:)3_c{cr,t-_a4as( 1/ Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right -of -way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS \." Location map of subject property and surrounding area within 100' (See Information Request Form attached) and dimensions of right -of -way. List of all property owners within 300' of subject property (See Information Request Form attached) `! f Site Plan of property after abandonment. (No larger than 11x 17) V. 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. g atur e_' -z:i\—( I-, A V,0 11 I ai L' o 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: access is not an easement: :7-1415 ZS tS�STENT Doe "to No ffoTVesc RoPti) wAY 1 H-L ,DITCH L . t_ Rciwtri,i f/Ni t7 ACc.CS5.1RLE tai THE .S ANIT c-X TEb "Due To oFF SST: --ft -H Ancl. ilr)-it_t_.J1A'{ 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement: TNss Zs Nod- A So Le ti CCt55 r 'VW 67HEIa ?,120261ZW.. 1 H-L ,DITCH L . t_ Rciwtri,i f/Ni t7 ACc.CS5.1RLE tai THE -T—RE RA 3. Proposed vacation is in the public interest and provides a benefit to the City: -cN E FIT T D Ti-tE Crr'I/ .T5 To -?Rp L3X-DE 6NOT EIC,IL 'it✓ a.. NE-s5 "To l 1-iE_ C-r )1 r'Ynutvfiy t o ),ITK J a�S Atilt `T"A,CE:s (Tht.1 -T—RE RA 4. Proposed vacation would not jeopardize the location of any utility. J4 c) UT 11"- I —T-6. ARE oi-1 -rth-t I l-fE Qt(, HT A. 1.04-t) c% uic`crzaahil b� Nw �ckk- a-4) address the request and evaluate it and the Petitioner's ia and offer a recommendation for approval or denial). Page 1 of 2 Okeechobee County Property Appraiser W.C. Bill Sherman, CFA Parcel: 3- 16- 37 -35- 0160 - 00130 -0010 0 2016 Tax Roll Year updated: 12/8/2016 Aerial Viewer Pictometery Google Maps Owner & Property Info Owner Site Description Area Result: 2 of 3 TOTAL ROADSIDE SERVICE CENTER PO BOX 147 OKEECHOBEE, FL 349730147 855 NW 10TH AVE, OKEECHOBEE NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) LOTS 1 THROUGH 6 AND LOTS 15 THROUGH 18 AND WEST 1/2 OF LOT 19 BLOCK 13 1.279 AC Use Code * VACANT (000000) 16 -37 -35 Tax District 50 * The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (3) Ag Land (o) Building (o) XFOB (o) Just Class Appraised Exempt Assessed $27,451 Mkt Land (2) $0 Ag Land (o) $0 Building (o) $0 XFOB (o) $27,451 Just Total Taxable $0 Class $27,451 Appraised $0 Exempt $27,451 Assessed county:$27,451 city:$27,451 Total other:$27,451 Taxable school:$27,451 $15,292 $0 $0 $0 $15,292 $0 $15,292 $0 $15,292 county:$15,292 city:$15,292 other:$15,292 school:$15,292 Sales History Sale Date Sale Price Book/Page Quality (Codes) 6/6/2016 11/19/2015 12/19/2013 2/24/2006 10/17/2005 4/1/1982 7/1/1972 4/1/1972 $24,000 776/0505 $20,000 $6,500 767/1116 740/0675 593/1605 580/0778 $12,000 249/0982 140/0265 RCode 11 11 11 01 03 03 03 $12,000 136/0238 Building Characteristics http: / /ap2. okeechobeepa. com /gis /recordSearch_3_Details/ 12/15/2016 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863- 824 -6776 File Number: 2572 -16 Will Call No.: 111111111111IIIIJ 11111111111111111111111 FILE NUM 2016005487 OR BK 776 PG 505 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 06/15/2016 09:41:52 AM AMT $24,000.00 RECORDING FEES $18.50 DEED DOC $168.00 RECORDED BY M F'inon P9s 505 - 506; (2 P95) (Space Above This line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 3rd day of June, 2016 between Dennis R. Wilson and Linda M. Wilson, husband and wife whose post office address is 1107 NW 7th Court, Okeechobee, FL 34972, grantor, and Total Roadside Service Center, LLC, A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, grantee: (Whenever 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, lying and being in Okeechobee County, Florida to -wit: Lots 1 through 6 and Lots 15 through 18inclusive and the West 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, according to the Plat thereof, recorded in Plat Book 1, Page 25, Public Records of Okeechobee County, Fklorida. Parcel Identification Number: 3- 16- 37 -35- 0160 - 00130 -0010 To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimea Book776 /Page505 CFN #2016005487 Page 1 of 2 Si ed, sealed and delivered in our resence: Witness Name: Witness Name. :lrfe ettin State of Florida County of Okeechobee L./a (Seal) Dennis R. Wilson Linda M. Wilson The foregoing instrument was acknowledged before me this day of June, 2016 by Bennis R. Wilson and Linda M. Wilson, who produced drivers license as identification. PA1RfCIA A. RADON * MYCOMMISSION tFF025112 EXPIRES:June29,2017 Bonded MN Budget Ndary Sarkel -- 0 Printed Name: PaAelois A. Rogow My Commission Expires: Quit Claim Deed - Page 2 DoubleTimez Book776 /Page506 CFN #2016005487 Page 2 of 2 1 Page 1 of 2 Okeechobee County Property Appraiser Y.C. is :ill. Sherman, CFA Parcel: 3- 16- 37 -35- 0160 - 00130 -0190 » Owner & Property Info Result: 3 of 3 Owner TOTAL ROADSIDE SERVICE CENTER PO BOX 147 OKEECHOBEE, FL 349730147 Site NW 7TH ST, OKEECHOBEE Description NORTHWEST ADDITION TO OKEECHOBEE (PLAT BOOK 1 PAGE 25) EAST 1/2 OF LOT 19 & ALL OF LOT 20 BLOCK 13 Area 0.195 AC S/T /R 16 -37 -35 Use Code * VACANT (000000) Tax District 50 * The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (1) Ag Land (0) Building (0) XFOB (0) Just $3,827 Mkt Land (1) $0 Ag Land (0) $0 Building (0) $0 XFOB (0) $3,827 Just $3,827 $0 $0 $0 $3,827 Class $0 Class $0 Appraised Exempt Assessed $3,827 Appraised $0 Exempt $3,827 Assessed $3,827 $0 $3,827 Total Taxable county:$3,827 city:$3,827 Total other:$3,827 Taxable schoo1:$3,827 county:$3,827 city:$3,827 other:$3,827 school :$3,827 2016 Tax Roll Year updated: 12/8/2016 Aerial Viewer Pictometery Google Maps Sales History Sale Date Sale Price Book/Page Deed V/I Quality (Codes) RCode 11/10/2016 $100 782/1106 QC V U 11 10/10/2012 $100 723/0224 QC V U 11 7/26/2005 $0 571/1786 WD V U 03 12/14/2001 $0 466/1968 WD V U 03 12/3/2001 $1,000 466/0118 WD V U 03 9/2/1972 $0 141/0619 WD V Q 9/1/1972 $0 141/0617 WD V Q Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Base SF Actual SF Bldg Value http://ap2.okeechobeepa.com/gis/recordSearch_3_Details/ 12/15/2016 Prepared by and return to: Patricia A. Ragon Clear Title & Legal Services 202 NW 5th Street Okeechobee, FL 34972 863 - 824 -6776 [Space Above This Line For Recording Data) 111111111111 Hill 11111111111111111111111 FILE MUM 2016010409 OR 1? K 782 PG 1 106 SHARON ROBERTSON, CLERK OF CIRCIJIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 11/15/2016 03:57:29 PM AMT $10.00 RECORDING FEES 418.50 DEED DOC $0,70 RECORDED BY M Pinon Pas 1106 - 1107; (2 P9s) Quit Claim Deed This Quit Claim Deed made this 10th day of November, 2016 between Stephen A. Moore whose post office address is 694 SE Degan Drive, Port Saint Lucie, FL 34983, grantor, and Total Roadside Service Center, LLC, A Florida Limited Liability Company whose post office address is P.O. Box 147, Okeechobee, FL 34973, grantee: (Whenever used hcrein 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, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO /100 DOLLARS ($10.00) and other good and valuable consideration to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim to the said grantee, and grantee's heirs and assigns forever, all the right, title, interest, claim and demand which grantor has in and to the following described land, situate, Lying and being in Okeechobee County, Florida to -wit: Lot 20 and the East 1/2 of Lot 19, Block 13, NORTHWEST ADDITION TO OKEECHOBEE, FLORIDA, according to the Plat thereof, recorded in Plat 1, Page 25, Public Records of Okeechobee County, Florida. Parcel Identification Number: 3- 16- 37 -35- 0160- 00130 -0190 Grantor warrants that at the time of this conveyance, the subject property is not the Grantor's homestead. This is vacant land. To Have and to Hold, the same together with all and singular the appurtenances thereto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of grantors, either in law or equity, for the use, benefit and profit of the said grantee forever. 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: Witness Name: vale& : =iartln Witness Name:Q PlGfldc ( Stephe A. Moore Seal) DoubleTimeo Book782 /Page1106 CFN #2016010409 Page 1 of 2 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this 10th day of November, 2016 by Stephen A. Moore, who L] is personally known or [X] has produced a drivers license as identification. [Notary Seal] Notary Public VALERIE MARTIN * rat * MY COMMISSION # FF 897093 ,ut EXPIRES: Juty e, 2019 '4' ccFIF 2Oed:dThruBurig: itearvS =rvre° Printed Name: Valerie, ;viartin My Commission Expires: Quit Claim Deed - Page 2 DoubleTime® Book782 /Page1107 CFN #2016010409 Page 2 of 2 Okeechobee County Property Appraiser Y.C. ill Sherman, CFA Parcel: 1 3- 15- 37 -35- 0010 - 00670 -0110 0 a, Page 1 of 2 2016 Tax Roll Year updated: 12/8/2016 Aerial Viewer Pictometery Google Maps Owner & Property Info Owner Description WITTER SCOTT TRUSTEE & WITTER RENEE A TRUSTEE 4300 SW 53RD PLACE TRENTON, FL 326930000 902 NW 7TH ST, OKEECHOBEE CITY OF OKEECHOBEE LOTS 11 TO 20 INC BLOCK 67 1.603 AC 15 -37 -35 RNA Use Code * VEH SALE /R (002700) Tax District 150 * The Description above is not to be used as the Legal Description for this parcel in any legal transaction. The Use Code is a Dept. of Revenue (DOR) code. Please contact the Okeechobee County Planning & Development office at 863- 763 -5548 for specific zoning information. Property & Assessment Values 2015 Certified Values 2016 Certified Values Mkt Land (2) $41,792 Mkt Land (2) $41,977 Ag Land (0) $0 Ag Land (0) $0 Building (0) $0 Building (0) $0 XFOB (1) $6,311 XFOB (1) $5,469 Just $48,103 Just $47,446 Class $0 Class $0 Appraised $48,103 Appraised $47,446 Exempt $0 Exempt $0 Assessed $48,103 Assessed $47,446 county:$48,103 county:$47,446 Total city:$48,103 Total city:$47,446 Taxable other:$48,103 Taxable other:$47,446 school:$48,103 school:$47,446 Sales History Sale Date Sale Price Book/Page Quality (Codes) RCode Building Characteristics Bldg Sketch Bldg Item Bldg Desc Year Blt Base SF Actual SF Bldg Value Extra Features & Out Buildings - ( Show Codes ) Code Desc Year Bit Value Units Dims Condition (% Good) FENC A 6'C /L 3BRB 1998 $5,469.00 790.000 0 x 0 x 0 PD (065.00) Land Breakdown Land Code Desc Units Adjustments http: / /ap2. okeechobeepa. com /gis /recordSearch_3_Details/ Eff Rate Land Value 12/15/2016 Quitclaim Deed ) ) ) ) PREPARED I)Y: Roniiicr J. KUI.AS. Psq. 1954 S.F. Pun Si Lucie IIlcd. Port St. Lucie. Florida 34952 WHEN RECORDED MAII. TO: scorr WITTER and RENEE A. WITTER 2990 NE 52nd Drive Okeechobee, Florida 34972 ParcelI.D.4 3- 15- 37 -35- 0010 - 00670 -0010 3314~) 0432 i;`.5 O 1 S8 FILi (1 CORD CKI. 1, C,). FL. 99 nrr. , 7 Cl i'•'" ' pit �: llr SPACE ARO \'E FOR RECORDER'S USE Deed made on December 1, 1999, for no consideration, scorr E. WITTER AND RENEE A. WITTER, his wife, do hereby Remise, Release and Quitclaim to SCOTT' WITTER AND RENEE A. WITTER, Trustees, or their successors in trust, under the WITTER LIVING TRUST dated March 12, 1999, and any amendments thereto, with full power and authority to protect, conserve and to sell, or to lease or to encumber and otherwise manage and dispose of said real property described herein, pursuant to Section 689.071, Florida Statutes, whose address is 2990 NE 52nd Drive, Okeechobee, Florida 34972 all their interest in and to the following described real property in the County of Okeechobee, State of Florida: Lots 1 through 20, inclusive, Block 67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, public records of Okeechobee County, Florida. This deed was prepared without Ihr benefit of a title search and the description of the property was furnished by the parties. The preparer of this decd assumes no liability whatsoever either for the accuracy of the legal description or the status of the title to the property. Signed, sealed and delivered in our presence: r -- Witness Signa ure S�ore, Printed Printed Name STATE OF FLORIDA COUNTY OF OKEECHOBEE SCOTT E. WITTER -)0-,C RENEE A. WITTER Documentary Stamps paid in the amount of `")� Class C Intangible Tax paid in the amount ofS $- Sharon Robertson, Clerk of Circuit Court Ok::....: Cou '• , . '.a TSON COURT BY: SS Date: /-q'? , D.C. The foregoing instrument was acknowledged before me this December 1, 1999 by scorr E. WITTER and RENEE A. WITTER, who are personally known to me or who have produced CL per; ems, L 1 c_ as identification and who did (did not) take an oath. Notary Public .S",vair0,_ :Ag r-cke S Name of Acknowledger {.. Sandra Hemlock ,, MY COMMISSION 1 CC87686a EXPIRES: October 12, 2003 Bona, nun W.v.o, Sunny ConVa9 1 ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, edit an I k-R.hPe_ (Wt-tt.eir 1- 141.A) rkcsi') (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: k o ° ) Work_ G7 (Site Ct n. k)ua r /iik 0 K.42,rhb\ e. F1 a 2 1-4i (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: SE,E cse__ (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, �j�,,'e istered Agent or President/Managers Na a and at ac Sunbiz.com inf • rmation) ),,. 1= 6 . A edsi•P • Sign- ure of Property wner ScS \ L*r Printed Name STATE OF ��-LA; c COUNTY OF Cs ;t_x_A- {—at s fi Signatu e of Property Owner ee A i/ tm el/ Printed Name The foregoing instrument was acknowledged before me this (date) by S C? ort lu ,-r(— j Ovri d k ern e z W rf fet- who is personally known to me or who produced Pt-612td&. (}1..4 -061 - as .4<p. 1-14-0 q.2o -Z2. z ta_ta .c,,c%`1e a i b identification and who did (did not) take oath. (Seal) "�: *:Pi'; GERIANNE R. CRUZE MY COMMISSION # EE 857252 EXPIRES: January 25, 2017 Bonded Thni Notary Public Underwriters (Notary Public signa Commission No. £I S S `7 a 2- (Name of Notary typed, printed or stamped) All that portion of current NW 10th Ave, which was formerly known as Pensacola Street on Plat Book 1 Page 25 that lies East of Block 13 of Northwest Addition to Okeechobee (Plat Book 1 Page 25). Bounded on the South by Seaboard Avenue and bounded on the north by Fourteenth Street as shown on Plat Book 1 Page 25. ANNE R. CRUZE 7ISSION # EE 857252 is January 25, 2017 Notary Public Underwriters ALLEY AND /OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee /- I/We, LAN- d L i nt h FA°011 (insert name(s) of the owner(s) name, person(s) who is signing the letter of consent) own the following property: Lai 1 {0 ,26 J ne p !Oc/c -7 (s;i1e qaz NW 7f /� ee_hoA 7 ' , F/ 34972 (insert the legal description of the property) Do hereby consent or agree, with my /our signature below, to the closing of the alley and /or street described below: See Ptla (insert the legal description of the street or alley requesting to be closed) (Note: if property is in two names by the word "and" both signatures are required, ie: Jim and Jane Doe. It if is in "or" only one signature is required, ie: Jim or Jane Doe. If company, the Registered Agent or President/Managers Name and attach Sunbiz.com information) Signature of Property Owner f� rill � .L F: re) iY\ Printed Name Y STATE OF f " (Gr((1 e',, Signature of Property Owner Printed Name COUNTY OF O) 'C,Obee_. The foregoing instrument was acknowledged before me this /9-k a 6f f Mas . O/ 7 (date) byLinaL- ronn who is personally known to me or who produced f-/oridct Dri v,,r as identification and who did (did not) take oath. Pam iv tjjiij, (Seal) esY nei, Notary Public State of Florida Patty M Bumette 1 My Commission GG 008157 Vn Or Expires 10!02/2020 (Notary Public signature) Commission No. 10M P06+?0 Pet_gy M • 8c ne/ l �. (Name of 'Notary typed, printed or stamped) Legal Description of the Right-of-Way to be Abandon d: A aoo le 01 PoVIT u--) ic)T`' /SUE CFO A 'r eASAC1Dl.PI ST) t- yryk-ERs -r or 13Lo Nu3 l:o-01.- 1�.otA -Fe: r) rP& 5 5 clt�cia�LY THE 10cs' (poi Of 1-1C `Icy R -o -(-) Loc \Teter nc.0-x f of mu) -61- -�`j' rt � S v C ogi- i ,c u3 . Does '404 x4.4. cL�' : tc'CRSeci ets a 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. Prepared by and return to: JOHN D. CASSELS, JR. Partner CASSELS & MCCALL 400 NW 2nd Street Okeechobee, FL 34972 863 - 763 -3131 File Number: 16 -9253 Parcel ID Number: 3- 15- 37 -35 -00 10- 00670 -0010 11111111111111111 1111111111111 1111111111 FILE NUM 20 1601 1 44,0 OR BK 783 PG 1620 SHARON ROBERTSON? CLERK. OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 12/16/2016 04:00:31 P11 AI1T $3857000.00 RECORDING FEES $10.00 DEED DOC $27695.00 RECORDED BY L Shain Ps 1620; (1 Pa) ]Space Above This Line For Recording Data] Trustees Deed This Trustees Deed made this 15th day of December, 2016 between SCOTT WITTER and RENEE A. WITTER, a married couple, Individually and as Co-Trustees of the THE WITTER LIVING TRUST dated March 12, 1999 whose post office address is 2990 NE 52nd Drive, Okeechobee, FL 34974 , grantor, and FROM INVESTMENTS, LLC, , a Florida Limited Liability Company whose post office address is PO Box 1209, Okeechobee, FL 34973, grantee: (Whenever used herein the terms grantor and grantee include all the parties to this instrument and the heirs, legal representative, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum 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 grantees heirs and assigns forever, the following described land, situate, lying and being in Okeechobee County, Florida, to-wit: Lots 1 through 20, Block 67, OKEECHOBEE, according to the plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. Trustee warrants that the above- referenced Trust has been in full force and effect during it's ownership of the above - referenced Property and that the Trustee has full power and authority to deal in or with this Property or any interest therein or any part thereof, protect, and to conserve, sell lease, encumber or otherwise to manage and dispose of the Property or any part of it. In Witness Whereof, grantor has her to set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our p ence: _ %,. � ►rte 11!l�l...r mess e: &XO VA ■ State of Florida County of Okeechobee OTT a t SC TH TIER, Individually and as Co- Trustee of R LIVIN TRUST dated March 12, 1999 • O V RENEE . WITTER, Individually and as Co- Trustee of THE WITTER LIVING TRUST dated March 12, 1999 The foregoing instrument was acknowledged before me this 15th day of December, 2016 by SCOTT WITTER and RENEE A. WITTER, a married couple Individually and as Co-Trustees of TH WITTER LIVIN ��TRUST dated March 12, 1999, on behalf of the corporation. They U are personally known to h. ve . oduc 1' as identification. i. LW LL• [Notary Seal] Book783 /Page1620 CFN #2016011440 My o'r' .n Expires: DoubleTlme. Page 1 of 1 Detail by Entity Name Detail by Entity Name Florida Limited Liability Company FROM INVESTMENTS, LLC Filing Information Document Number L16000073788 FEI /EIN Number NONE Date Filed 04/12/2016 State FL Status ACTIVE Principal Address 902 NW 7TH STREET OKEECHOBEE, FL 34972 Mailing Address PO BOX 1209 OKEECHOBEE, FL 34973 Registered Agent Name & Address FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Authorized Person(s) Detail Name & Address Title MGR FROM, LAMAR 902 NW 7TH STREET OKEECHOBEE, FL 34972 Title MGR FROM, LINDA 902 NW 7TH STREET OKEECHOBEE, FL 34972 Annual Reports No Annual Reports Filed Document Images 04/12/2016 — Florida Limited Liability View image in PDF format Page 2 of 2 Florida Department of State, Division of Corporations http: // search. sunbiz. org / Inquiry / CorporationSearch /SearchResultDetail ?inqui... 1/6/2017 CITY OF OKEECHOB�E RIGHT -OF -WAY ABANDONME T PETITION Utility Companies Authorization Form INSTRUCTIONS: Deliver the petition and this form to the followin� Utility Companies for their comments. It must be signed and dated with a contact number for each person. Florida Power & Light -FP L � ( U 0b lP ( +, Ur. C_ j o S ,. Ai 863 - 467 -3721 or '- - - ep v U -i', c I SIB E-{=. `t n U .. Fuu i f ,� Donna Padgett % G r\ () pC W� t_ L_� E k ` s .. F 863 - 467 -3708 17___ f Authorized Signature Typed Name & Title Phone No. Date Century Link 863 - 452 -3473 Tess Bentayou tess.bentayo O 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 jTO CITY OF OKEECHOBEE SUBDIVISIONS Date Hamrick Estate Gil Culbreth, Co- Trustee 863 - 763 -3154 Authorized Signature Typed Name & Title Phone No. Date CenturyLink- LETTER OF NO OBJECTION November 30, 2016 Mr. Jeremy LaRue Total Roadside Service Center P.O. Box 147 Okeechobee, Fl 34973 -0147 By Electronic Mail: totalroadsideservice @hotmail.com SUBJECT: PROPOSED VACATE OF PORTION OF NW 10TH AVENUE BOUNDED BY NW 7TH COURT ON THE SOUTH AND BOUNDED BY THE SALRY RAILROAD RIGHT OF WAY ON THE NORTH; SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. Dear Mr. LaRue: Please be advised that Embarq Florida, Inc. D /B /A CenturyLink ( "CenturyLink ") has no objection to the proposed vacation and abandonment of that portion of NW 10th Avenue lying in Section 16, Township 37 South, Range 35 East, and being bounded on the south by NW 7th Court and bounded on the north by the SALRY Railroad Right of Way. The subject right of way lies adjacent east of Okeechobee Tax Parcel Identification Numbers 3-16-37-35- 0160 - 00130- 0010 and 3- 16- 37 -35- 0160 - 00130 -0190 and is more particularly shown on the attached sketches. Should there be any questions or concerns, please contact me at 407 - 814 -5318 or by email at Victoria .bucher @centurylink.com. Sincerely, EMBARQ FLORIDA, INC., D /B /A/ CENTURYLINK 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. www.centurylink.com L(CAL nf.,11e."-•17,01.• ,O/S7.1 :4,,e.57 A .7,7 ••••-% C.TEECHOB:■•.-. AI, fre `-= ' ' 4,..t; • e":•. ti,. • ,ft„ 1./ , 1.1/.1 t I ,57 . ../1/ ' 0•17iritiav '", RINI -11 .„. 'I z o ADDITION 0. OKEECHOBEE %Of • N 47 4,41,4 •••! .1s ; I 0, •• 1 2 Co•ssrrears, r• ' s sjr NH 1 „, • 41,/ a ../ 71/ II111. ,, a 01, 4,1I I ,t14 ..11 L L L L ,17,4"er 4 rl, sr • t 1!4,1.25 1; ,cfr, p,Irer ,4,41.4,41.4_4/ 3 s ',seer r/E • • , rwtt A v•Artssle• 101 oiir sr.,-.c • k r ss ere c,■•• If151417,4 srreeer k 1 I ryisliol/Ej t 4,7 rofe ;1 L *•• ! ot•te«..1 .443.. ••••• 4,■,4 by 6 Pre, E51. ■5•1•41,, 5415.1. LZ;7.,°- Portion of NW 10th Ave Proposed to be Vacated ...,/ • * •-■•••••-•• ;1'• NORTH WEST ADDITION TO OKEECHOBEE. FLA. TOAN.S.Ii113)5-0t.510E 15E. :40,11 !".330. 191;15 Coattc,,OSLC,,A. NO, .44'n7Va. 41.44.....411.u.puriieobair. • ""li,000,004MSC ' Area of NW 10th Ave Proposed to be Vacated • 0 0.01 0.02 0.03 0.04 0.05 0.08 0.07 0.08 0.00 0.1 mi Okeechobee County Property Appraiser W.C. Bit Sherman, CFA I Okeechobee Florida l 863-763-4422 PARCEL: 1 Owner: Site: Sales Info NONE 2016 Certified Values Mkt Lnd Appraised Ag Lnd Exempt Bldg Assessed XFOB Total Just Taxable Class NOTES: This ir,formation,updated: 10127/2015, was derived from data %stitch was compiled by the Okeechobee County Property Appraiser Office sotoiy 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 market value, No warranties, expressed or implied, are provided for the accuracy of the data herein. ifs use.. or irs interpretation. Although it is p,eriodically updated, this information may not reflect the data currently by: on file in the Property Appraiser% office. GrbalyLogic.00m CITY OF OKEECHOBE 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 Ilr r . «l „: t • ( 0011.4 863- 452 -3473 1 f +,. Tess Bentayou f,r _ a t 1] � ft tess.b entayo (a'? cen to ryl i nk.com 107 NW 7th Avenue a .. . Authorized Signature Typed Name & Title Phone No. Date Comcast Cable Ilr r . «l „: t • ( 0011.4 [ 4 d tl 1 I + .+s- -s 1 f +,. + t f,r _ a t 1] � ft 863- 763 -2824 107 NW 7th Avenue a .. . r it 100_, emslogrA Typed Name & Title 77Z. 371 -, q2 r' fI /so /I Phone No. Date Okeechobee Utility Authority John Hayford 863 - 763 -9460 100 SW 5t Avenue Authorized Signature Typed Name & Title 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 — ,•.• • ,,,,7427.SZtf.a.ses,..4.4.,,,x.Ni+^•4-MNP7*-"Ft- • • , +••••••••■••■ 1!".... • •.• • ••••*;■,,,..ry Ct.?' ••■• ........?:.h ..4,..i . : 'Oe.'"".41,,,Z4eZ,Zt.-'4, .' ‘Sfr4 ',W.," ''4/ '' '''' ' .,•L'XP.,. '' • ' "": - , ..., - A ''Vf• '1°.''..A . ' ' 0 0.01 0.02 0.03 0.04 0.05 0.05 0.07 0.08 0.1 mi Okeechobee County Property Appraiser 010 Sherman, CFA Okeechobee, ;!on cia l 563-753-4422 PARCEL: j Owner. Site: Sales NONE Info 2016 Certified Values Mkt t.nd Appraised Ag Ind Exempt Bldg Assessed XFOB Total Just Taxable Class 4.rfatnmicu, 4.atated: 10!27!2(11-5 (A4i Z,,,nparlv• az,p,a,$1?,<'!..!!!'!Ci!, :a,,aaSe ar<4,2:1), as:,,aa,,,traa! I.!aa ,nforraat 5r,at,Il! al! :.!!". la/yalr!! aa a da!,,v.ar,alma a'at 3,l,Viraa ..leaaarq `;:!!.-a■Wraate•:: :!..c4aas,a^: Know -fa ! paaaara!li • .!a!a by , 11,0 Pro0,--ri0 A0010isea'S :70:00 GrIzzlyLogic.cOm CITY OF OKEECHOBEE RIGHT -OF -WAY ABANDONMENT PETITION Utility Companies Authoriz tion Form INSTRUCTIONS: Deliver the petition and this form to the followin: 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 /96,4„4/,,,4,,,•,■ 71 ,/ ✓ - -e c ee „......y. 6e John Hayford WA/ 74 Gti.7L .►,..f ,4�L ,v ' di' .'Z- / d."fc .(1 w. A 7.1,e-e- 863-763-9460 An 0e-fe e4-,4470.1 )/- ,�- Ar,.t1;,c „� 4 r4-,, c �Mz 100 SW 5th Avenue /n WA/ /o 0 /1 ('e iii, /) /1 uthorized Sign e ,j %#. ,: �es^ ...% li /rc l Typed Name & Title 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 11/28/2016 Okeechobee County Property Appraiser - Map Printed on 11/28/2016 10:58:14 AM I 1 91 162 273 ft W.0 "Rill" Sherman, CFA - Okeechobee, Florida - 863 -763 -4422 Name: Site: Mail: Sales Info LandVal BldgVal ApprVal J u stVa l Assd Exmpt Taxable This information, updated: 11/17/2016, was derived from data which was compiled by the Okeechobee County Property Appraiser's Office solely for the govemmental purpose of property assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, its use, or it's interpretation. Although it is periodically updated, this information may not reflect the data currently on file in the Property Appraiser's office. The assessed values are NOT certified values and therefore are subject to change before being finalized for ad valorem assessment purposes. http: / /www.okeechobeepa.com /GI S /Pri nt_M ap.as p ?pj boi i bchhj bnl i gcafcefocnfkfdfefdbbl ej ngbckci cnkcfaom kl I gm m ni dogogm haacni bi haj beci onnkj knfnboj I di bddi h... 1/1 RAP2E1 WASEWER SEWERTEMP.DWG PLOt DATE, 01/25/04 2.22222.2.2.2222.2.22222.2.2.22242.222.2.222.2.2.2222.2 .........22222202.2m222.3.2222.2.22.222.622221222222.22.22.222222.2.2.22-21.222 ■ 21.12NMEILVIEN.11:474.45%011116M.11171ASMIM.111110. 1 .0 I - CO I -......7---------- - ----- -------CY -I ---I--- (D I 1 N) CIO CF, > 51- C 1 — -1 '0 IV OAd — VC FM- 1 tX! -4 104 LX) 0) 1(.71 (5.) NW 11TH AVEN 0 51) __ ___ ;; Cr 5) o 0 co 0 — 'K22 c) z -4 0 0 H (5) 51--- N.1 5)) 12" PVC AT 0.21% Co 1 C) _ . m - z 0 C • , • • CC; 133a1S HIL MN H __L 1 , 1_ 8" PVC FM 0a. loselsa wow061.16 41111101010.1* 10" PVC AT 0.40% NW 10TH A9g\IUE u-1 i I I 1 1 1 1 1 1 I CD 1 0 I (L),-; I ,.i 1 -L=-- I I I I I I I I I 1 I I I I CY) r __ ___ _T_ _ ___ _ _F _ 1 I I 1 ! ! 1 ! 1 I 1 1 1 1 ! 1 I 1 to ! CX) 1 -,,I 0) 1 (51 1 --2, (5) 1 1 1 1 1 1 1 1 1 1 [ 1 1 1 1 1 L 1 NW 9TH DRIVE I 1 I 1 1 1 !-, LI; ; . 1 I ' 1 2 ! 1 1 , I O") ' 1 , , 1 1 1_ Cdi) 1 _i. 7 __i_ 1 -7- -7- 1 r r I.- I I I I I 1 1 I ! 1 1 I 1 I 1 I I I ,...,: ! (XI -,.., 1 0' 1 ; 1 •-;', 1 o; ! !NY 1 1 1 1 1 1 1 1 1 1 1 1 L 1 L 1 I NW 9TH AVENUE 1 r 1 1 7 1 1 I 1 1 133a1S H12 MN GVOa�IVa 103 M \a ,OOI ONISVO 1331S '51 OO odoa1IVa JO M \el ,OO L 24•111:211107.311.011111111NIAS.6... _ 0) N.) C3 4.0 NW 10TH AVENUE H NJ 0-) 1 1 CD 1 1 1 '43; 1 1 1,-- ! I 1 1 NW 9TH AVENUE i I [ ,M22I CY) DRAWING NUMBER L22 OKEECHOBEE UTII_ITY AUTHORffY WASTEWATER COLLECTION/ SEWER DISTRIBUTION SYSTEM PLAN VIEW ._ ... DATE DRAWN fff Min FFI RE12002S DESIGNED DRAWN CHEMED .0i tra 1 DATE: II /03/0‘ JOB NO. 01-9BB SCALE: NOTED 2.2.2222,22 2.22.222.22 .22222.22.222.22.2222.2* _70,; 00010 0[V ON 07 1110 L � r r 11111' . 1: , 5. 1 NORTH WEST ADDITION Tu OKEECHOBEE. FLA_ TOWNSHIP 37S- F000.1_ 35E. LAw PENCE OKEECHOBEE OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE co AAA 1,01' e in ko 19 1� 2N r _ A •Z• a �• I i1iN PvENUE _--- tee'- N��IV�n —_ —_ - -_ �•��_ 00'07'22' W 210.00' i r' ,'• 4.2" 6 00'06'30` E 05.00' yppdd�, I 0y �G m rf oto p1'N,nv N LIE — 1y— _-- _— @__N _ _ �_ 11 11 R 0 0 0 I II q 1 11 Ip 0 0 8 II 0 0 1 1111 N • m� 3, 0 NORTH ti Y TOPOGRAPHIC SURVEY PREPARED FOR TOTAL ROADSIDE SERVICE Staff Report Street Closing Prepared for: The City of Okeechobee Applicant: Total Roadside Service Center Petition No.: 17- 001 -SC <_! l : Planning & Management Services, Inc. 1375 Jackson Street, Suite 20(3 Fort Myers, Florida 239- 334 -3366 Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Request The matter before the TRC is an application to abandon 60 feet of the 70 -foot right -of- way of unimproved NW 10th Avenue, beginning at the roadway's northern dead -end just south of the railroad southward for a distance of 200 feet, more particularly described in the legal description of the property. The requested abandonment encompasses 12,000 square feet (about 0.28 acre). The Applicant's stated purpose for the Right -of -Way abandonment is: "The current right of way is located at a deadend roadway bordering the railroad. I have spoken with the City staff, and no near future development of the area is anticipated. The remaining ditch will be placed under the drainage easement. The area would be usable for the proposed entrance for the developed parcel." General Information Applicant Site Address Owner E -mail Address Contact Person Contact Phone Number Contact E -mail Address Total Roadside Service Center P.O. Box 147 Okeechobee, FL 34973 60 feet of the 70 -foot right -of -way of unimproved NW 10th Avenue, beginning at the roadway's northern dead -end just south of the railroad southward for a distance of 200 feet. Totalroadsideservice @ hotmail.com Jeremy LaRue 863- 634 -7708 Totalroadsideservice @hotmail.com Legal Description of Subject Property A 200 -FOOT BY 60 -FOOT PORTION OF NW l0T" AVENUE (FORMERLY KNOWN AS PENSACOLA ST.) LYING EAST OF BLOCK 13 NW ADDITION PLAT BOOK 1, PAGE 25 SPECIFICALLY THE WEST 60 FEET OF THE 70 -FOOT RIGHT OF WAY, LOCATED SOUTH OF NW 8T" STREET TO NW 7T" COURT NOT INCLUDING THE INTERSECTION OF NE 7TH COURT AND NW 10T" AVENUE. Serving Florida Loral Governments Since 19SS 2 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Description of the Subject Site and Surrounding Area The subject of the abandonment is right -of -way of unimproved NW 10th Avenue. The Applicant owns the property to the immediate west of the north half of the proposed abandonment. The land bordering the west side of the south half of the proposed abandonment is vacant and receives access from NW 7th Court. The property to the east is Witter Harvesting, an industrial use, which gains access from NW 7th Street to the south and that portion of NW 10th Avenue just north of NW 7th Street. Neither of these properties rely upon access from the right -of -way proposed to be abandoned. The following aerial photograph depicts the right -of -way proposed to be abandoned and the surrounding areas. .. Witter Harvesting '"" rY`° Googie Earth Witter Harvesting Inc 6mz1; gvr, Dd[,: o .' 1 lo' so eye au dig tt 0 Serving Florida Local Governments Since 1988 3 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue 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 Pritat. REQUIREMENT STAFF COMMENTS 1. Proposed vacation is consistent with the Comprehensive Plan. "This is consistent due to no future roadway is anticipated due to off site ditch and railway." There is nothing in the City's Comprehensive Plan concerning abandonment /vacation of streets The property to the west of the northern half of the proposed abandonment is owned by the Applicant and is designated industrial on the Future Land use and Zoning Maps and was the subject of recent approva /s of a Small Scale Amendment (SSA) and /or Rezoning to / ndustrial in May and June o1,2016. 2. Right -of -way to be vacated is not the sole access to any property, and the remaining access is not an easement. "This is not a sole access to any other property. The ditch will remain and accessible by the City. Property is accessible by NW 7th Ct. or 10th Ave." The a /ley Ls not the sole means of access to any property. Other properties bordering the proposed abandonment gain access via NW 7' CT, or NW 7 Street and NW 10tti Avenue south of the proposed abandonment. 3. Proposed vacation is in the public interest and provides a benefit to the City. "The benefit to the City is to provide another business to the community with jobs and taxes on the parcel." We agree with the Applicant's assessment of the public benefits associated with abandonment/ vacation of the subject alley. The abandonment will reduce the amount of /and the City is required to maintain while adding the /and to the tax ro //s 4. Proposed vacation would not jeopardize the location of any utility. "No utilities are within the right a way. We agree. The App /icant has submitted a Letter of No Objection from CenturyLink and signed Utility Company Authorizations from FPL, Comcast, and OUA; but, OUA noted that it will "require an easement for existing infrastructure in NW lotti Av. (60' wide)" Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Total Roadside Service Center Closing of a 200' by 60' portion of NW 10th Avenue Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that the requested street right -of -way abandonment is consistent with the require- ments of Sec. 78 -33. Submitted by: Wm. F. Brisson, AICP Sr. Planner LaRue Planning & Management January 11, 2017 TRC Meeting: January 19, 2017 PB /BOA Meeting: February 16, 2017 City Council 1st Reading: March 21, 2017 City Council 2nd Reading and Public Hearing: April 4, 2017 Serving Florida Local Governments Since 1988 5