1156 Scriveners Error in Ord. #1152ORDINANCE NO. 1156
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA, CORRECTING
A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF ADOPTED
ORDINANCE NO. 1152 CLOSING, VACATING AND ABANDONING THE
RIGHT -OF -WAY DESCRIBED HEREIN, AND BEING A PORTION OF
NORTHWEST 10TH AVENUE; AND 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.
WHEREAS, the City received Abandonment of Right -of -Way Petition No. 17- 001 -SC from Jeremy LaRue,
Manager of Total Roadside Services, LLC, property owner, for the closing of a certain right -of -way
as described in this ordinance to utilize the property for future development; and
WHEREAS, a review of such Petition No. 17- 001 -SC revealed that it is in the best interest of the citizens of
the City of Okeechobee as a whole to grant said 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;
and
WHEREAS, upon recording Ordinance No. 1152, the legal description of the right -of -way was found to be
in error.
NOW, THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented
at a duly advertised public meeting; and passed by majority vote of the City Council; and properly
executed by the Mayor or designee, as Chief Presiding Officer for the City; that:
SECTION 1: The right -of -way described hereafter is hereby closed, vacated and abandoned by the City
of Okeechobee, Florida to -wit:
A 200 -FOOT BY 60 -FOOT PORTION OF NORTHWEST 10TH AVENUE (FORMERLY
KNOWN AS PENSACOLA STREET) AS ORIGINALLY RECORDED IN THE TOWN OF
OKEECHOBEE, PLAT BOOK 1, PAGE 10, AND PLAT BOOK 5, PAGE 5, AND LYING
EAST OF BLOCK 13, NORTHWEST ADDITION, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 1, PAGE 25, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA, SPECIFICALLY THE WEST 60 -FEET OF THE 70 -FOOT RIGHT -OF-
WAY, LOCATED SOUTH OF NORTHWEST 8TH STREET (FORMERLY KNOWN AS 14TH
STREET) AND NORTH OF NORTHWEST 7TH COURT (FORMERLY KNOWN AS
SEABOARD AVENUE), NOT INCLUDING THE INTERSECTION OF NORTHWEST 7TH
COURT AND 10TH AVENUE.
THAT THE LEGAL DESCRIPTION PREVIOUSLY ADOPTED IN ORDINANCE NO. 1152
IS HEREBY RESCINDED.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
The City Clerk shall cause a certified copy of the ordinance to be recorded in the public
records of Okeechobee County, Florida.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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}
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this ordinance shall remain in full force and effect.
This ordinance shall take effect immediately upon its passage.
INTRODUCED for First Reading and set for Final Public Hearing on this 20th day of June, 2017
ATT ST:
Lane Gamiotea,
C, City Clerk
PASSED AND ADOPTED after Second and Final Public Hearing this 18th day of July, 20
AT ST:
Cmcr
Lane Gamiotea, C
REVIEWED FOR LEO,zAL SUFFICIENCY:
John R. Cook,bity Attorney
Ordinance No. 1156 Page 1 of 1
Dowlin
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