2003-09-26 EmergencyCITY OF OKEECHOBEE
SEPTEMBER 26, 2003 EMERGENCY CITY COUNCIL MEETING
SUMMARY OF COUNCIL ACTION
1. CALL TO ORDER - Mayor:
September 26, 2003, City Council Emergency Meeting, 11:30 a.m.
11. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member D. Clayton Williams, Jr.
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
111. NEW BUSINESS.
Mayor Kirk called the September 26, 2003 Emergency City Council Meeting to order at 11:30 a.m.
City Clerk Gamiotea called the roll:
Present
Present
Present
Present
Present
Present
Absent
Present
PAGE I OF 2
A. Motion to adopt Resolution No. 03-11 authorizing the initiation of an Council Member Williams moved to adopt proposed Resolution No. 03-11 authorizing the initiation of an action in
action in condemnation on the property known as the William H. condemnation on the property known as the William H. Mason parcel; seconded by Council Member Markham.
Mason parcel - City Attorney (Exhibit 1). 1
The title of proposed Resolution No. 03-11 was read by Attorney Cook as follows: "A RESOLUTION OF THE CITY
OF OKEECHOBEE, FLORIDA, AUTHORIZING THE INITIATION OF AN ACTION IN CONDEMNATION ON THE
PROPERTY KNOWN AS THE WILLIAM H. MASON PARCEL(S); PROVIDING FOR THE NECESSITY OF SUCH
ACTION; PROVIDING FOR THE PUBLIC PURPOSE AND THE USE TO WHICH THE PROPERTY IS INTENDED;
PROVIDING FOR A LEGAL DESCRIPTION OF THE REAL PROPERTY TO BE CONDEMNED; SETTING FORTH
THE ESTATE TO BE ACQUIRED; APPROVING A DECLARATION OF TAKJNG; APPROVING GOOD FAITH
APPRAISAL OF REASONABLE VALUE OF SAID REAL PROPERTY, PROVIDBYG FOR SEVERABILITY,
PROVIDING FOR AN EFFECTIVE DA TE. "
SEPTEMBER 26,2003 - EMERGENCY MEETING - PAGE 2 OF 2 629
Ill. NEW BUSINESS CONTINUED.
A. Motion to adopt Resolution No. 03-11 authorizing the initiation of an There was a brief discussion between the Council and Attorney Cook. This resolution starts the lawsuit with Mr. Mason
action in condemnation on the property known as the William H. over. The City, nor any of its consultants have access to the property, limiting the work that can be completed. This
Mason parcel continued. resolution requests immediate access through quick taking provisions provided in Chapter 74, Florida Statutes, which
is essential so the City can move forward with the project without jeopardizing the existing grants. The value of the
11 property will continue to be argued between the two parties.
IV. ADJOURN MEETING - Mayor.
Please take notice and be advised that if a person decides to appeal any decision made by the City
Council with respect to any matter considered at this meeting, helshe may need to insure that a
verbatim record of thq prqqeeding is made, which record includes the testimony and evidence upon
which the appeal is to be- baio. -City Clerk tapes are for the sole purpose of backup for official
records of theCl&*.
AMU:' James E. Kirk, Mayor
Lane, Gamfotda, City Clerk'.,
Exhibit A, an appraisal prepared by Brandon Tucker has been attached to the Resolution. The surveys and legal
descriptions completed by Craig A. Smith and Associates and Tradewinds Professional Services, Inc., has been
attached to the Resolution as Exhibit B. A copy of the Declaration of Taking has been attached to the Resolution as
Exhibit C.
There were no questions or comments from the public.
KIRK - YEA
CHANDLER - YEA
MARKHAM -YEA
WATFORD - YEA
WILLIAMS - YEA
MOTION CARRIED.
There being no further items on the agenda, Mayor Kirk adjourned the September 26, 2003 meet at 11:43 a.m.
The Okeechobee N
P.O. Box 639, Okeechobee, Flor
(863) 763-3134
Published Daily
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
.73
ru
En
Before the undersigned authority persona11 �d
Judy Kasten, who on oath says she is Publisher of the 0 h
%qt7 .
News, a DAILY Newspaper published at Okeechobee, i
Okeechobee County, Florida; that the attached copy of advertise-
ment, 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
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.
S�om�a subscrib/)before me this
day �f A.D. 20
7
X X �#VUBLIC NOTICE
�EBy CITY OF OKEECHOBEE
CITY COUNCIL
MERGENCY MEETING NOTICE
NOTICE 19 HEREBY GIVEN that May-
or James E. Kirk, of the City of
Okeec ' hobee has called an -Erner-
fency Session for the City Council
0 convene on Friday, Seplember
26, 2003 at 11:30 a.m., at City
Hall, 55 SE 3rd Avenue, Room 200,
Okeechobee, Florida. Items to be
considered include but are not lim-
ited to:
a Adopting roposed Resolution No
,03-11 aMorizing the initiation of
an action in condemnation on the
y known as the William H.
Parcel. '
For a copy of the agenda please con-
tact the Administrators Office,
(863)763-3372, extension 212,
All members of the public are invited
to attend and participate in said
meeting.
PLEASE TAKE NOTICE AND BE AD-
VISED that if any person desires to
appeal any decision made by the
City Council with respect to any
matter considered at this hearing,
such interested person will need a
redord 'of the proceedin
,Ts, and for
such purpose may nee to ensure
*a verbatim record of the proceed-
ings is made, which record in-
cludes the testimony and evidence
upon which the appeal is to be
based.
In accordance with the Americans
with Disabilities Act (ADA) . and
Florida- Statute 286.26, persons
with disabi!fties needing special ac
commddation to participate in this
proceeding should contact I Lane
Gamlotea no later than two (2)
working days?rior to the proteed-
ing at (863) 63-3372. extension
215; if you are �earing of-volco im-
paired, call TDD*1-800-955-8770,
or Florida Relay Service 1-800-
955-8771.
Lane Gimilotea, City Clerk -
415201 -ON 9/25/03
Notary Public, State of Flo'rida
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11.
CITY OF OKEECHOBEE
SEPTEMBER 26, 2003 EMERGENCY CITY COUNCIL MEETING
OFFICIAL AGENDA
PAGE I OF 1
CALL TO ORDER - Mayor: September 26, 2003, City Council Emergency Meeting, 11:30 a.m.
MAYORt COUNCIL AND STAFF ATTENDANCE - City Clerk.
Mayor James E. Kirk
Council Member Noel A. Chandler
Council Member Lowry Markham
Council Member Dowling R. Watford, Jr.
Council Member Clayton Williams
City Attorney John R. Cook
City Administrator Bill L. Veach
City Clerk Lane Gamiotea
III. NEW BUSINESS
A. Motion to adopt Resolution No. 03-11 authorizing the initiation of an action in condemnation on the property known
as the William H. Mason parcel - City Attorney (Exhibit 1).
IV. ADJOURN MEETING - Mayor.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the City Council 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. City
Clerk tapes are for the sole purpose of backup for official records of the Clerk.
Exhibit I -
9/26 Agenda
RESOLUTION NO..03-11
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA,
AUTHORIZING THE INITIATION OF AN ACTION IN CONDEMNATION ON
THE PROPERTY KNOWN AS THE WILLIAM H. MASON PARCEL(S);
PROVIDING FOR THE NECESSITY OF SUCH ACTION; PROVIDING FOR
THE PUBLIC PURPOSE AND THE USE TO WHICH THE PROPERTY IS
INTENDED; PROVIDING FOR A LEGAL DESCRIPTION OF THE REAL
PROPERTY TO BE CONDEMNED; SETTING FORTH THE ESTATE TO BE
ACQUIRED; APPROVING A DECLARATION OF TAKING; APPROVING
GOOD FAITH APPRAISAL OF REASONABLE VALUE OF SAID REAL
PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS pursuant to the provisions of Florida Statutes, as delegated to the City of
Okeechobee by the legislature of the State of Florida, particularly section 166.411
and the home rule powers granted to municipalities by chapter 166 Florida Statutes,
the City of Okeechobee possesses the authority to locate and designate certain
lands and real property for purposes of condemnation; and
WHEREAS pursuant to said authority and by law, the City of Okeechobee may by
resolution set forth the reasonable necessity for such action, together with the
proposed public use of such lands and real property, and present such to the City
Council for approval and ratification as provided in Florida Statutes 166.411; and
WHEREAS the City of Okeechobee is further charged with the right and responsibility to
provide forthe publiewelfare to establish, maintain and otherwise provide forstreets
and rights of way for public use, and to promote the general welfare and economic
vitality of the City as a whole; and
WHEREAS the City of Okeechobee owns certain real property within its municipal
boundaries that possesses land use and zoning categories for industrial use, which
is presently vacant, but which by development will attract commercial businesses,
create employment for its citizens, and generally promote the economic base of the
City; and
WHEREAS the City has no access to said industrial real property except through a
residential area of the city through single family residences, and requires alternate
access to the parcel by an extension of Northeast 9th Street, an existing and platted
right of way in the City; and
WHEREAS in order to obtain such access, the City must extend Northeast 9th Street to,
and across, Taylor Creek, and the present eastern terminus of said Northeast 9 1h
street is adjacent to real property owned by a citizen of Okeechobee known as
William H. Mason; and
WHEREAS the City has determined that the acquisition a portion of this real property,
known as the Mason parcel(s), is appropriate and necessary to extend Northeast
g1h Street; will be used for public access; and will permit the city to construct a bridge
across Taylor Creek to gain access to its own industrial parcel; and
WHEREAS pursuant to that end, the City has caused an appraisal of the Mason parcel(s)
to be performed, which appraisal sets forth a good faith estimate of the value of the
Mason parcel(s), which appraisal is attached hereto as Exhibit"A" and incorporated
by reference herein; and
WHEREAS the City has further caused to be prepared a survey and legal description of
the Mason parcel(s) which adequately describes the real property to be acquired by
the City in an action in condemnation; which separate descriptions prepared by
Craig A. Smith & Associates dated January 7, 2003; and by Tradewinds
Page 1 of 4
Professional Services Inc., dated June 4, 2003, are attached hereto as composite
Exhibit "B" and incorporated herein by reference; and
WHEREAS it is determined by the City that for the aforesaid purposes the City must
acquire from the record owner a fee simple title in said Mason parcel(s), and must
direct by this Resolution that the City Attorney take all necessary steps as provided
by law to hereafter pursue this action in condemnation; and that the City Attorney
has prepared a declaration of taking, which is attached hereto as Exhibit "C" and
incorporated herein by reference; and
WHEREAS the City has been approved for certain funding to develop its industrial
property; has retained professional services to pursue such development; has
caused certain plans to be prepared; has the ability to perform and complete such
project; and is under significant time constraints to commence and complete such
development, which requires the City to obtain immediate access to the Mason
parcel(s) to perform certain field work by surveyors and engineers preliminary to
preparation of construction plans and drawings for extension of Northeast 9th Street
and to construct a bridge across Taylor Creek.
NOW, THEREFORE, at a duly advertised meeting of the City Council, receipt of public
comment if any, and after due discussion and unanimous vote of the City Council,
the City of Okeechobee, Florida hereby adopts this resolution and resolves as
follows:
THAT the City of Okeechobee determines that its proposed use of the
Mason parcel(s) is a public purpose of extending Northeast 9th Street to the
boundaries of Taylor Creek, as well as obtaining an adjoining area of land for
use as drainage areas or structures, right of way set backs, wetland
mitigation or other permissible public use, and to thereafter construct a
bridge across Taylor Creek at the Easternmost terminus of the Mason
parcel(s) for access to the City's industrial property, which is also a public
purpose.
2. THAT the City of Okeechobee determines that a review of existing maps,
plats, plans and ariel photographs reveals that there are no other developed
roadways within the City to obtain access to its industrial property other than
Northeast 9"' Street; that the only existing access to the industrial property
is through the area of the City known as Douglas Brown park, which is a
residential single family area of the City, which does not immediately adjoin
major arterial roadways, and which area is not conducive or safe for
industrial traffic flows.
3. THAT the City of Okeechobee determines that as an additional public
benefit, creating access to its industrial property through Northeast 91h Street
will also create an alternate route for emergency evacuation of Douglas
Brown parktothe majorstate roadwayS.R. 15, also known as highway441,
as this area of the City presently has no access to evacuate from the area
other than S.R. 70, which already serves the congested area of the
Northeast and Southeast residential and commercial areas of the City.
4. THAT the City of Okeechobee determines that extension of Northeast 91h
Street across the Mason parcel(s) will comply with current state or federal
grant requirements preliminary to the development of the City's industrial
property for use as an industrial park, which will be created immediately east
of the Mason parcel(s) on the eastern side of Taylor Creek, which will
advance the legitimate needs of the City to promote commercial and
economic growth within the City.
5. THAT the City of Okeechobee determines that the use of the Mason
parcel(s) to create a city street and permit drainage facilities to be installed
thereon will be for a general public purpose, and that any benefit to private
commercial business in an industrial park through lease or ownership is only
incidental to the primary public use of the Mason parcel(s), and which private
Page 2 of 4
1*�W M
business will promote and cause a significant economic impact to the City
and its citizens as a whole.
6. THAT the City of Okeechobee determines that due to time constraints, and
as necessary to prepare construction plans preliminary to obtaining permits
to proceed with the industrial park project, that immediate access to the
Mason parcel(s) is necessary and essential to permit surveyors, engineers
or other professionals to perform soil borings, surveys, and other site work.
In accordance with such time constraints, this resolution is enacted, and the
City further determines that this action must proceed in a timely manner, and
that the City must employ the quick taking provisions of Chapter 74, Florida
Statutes to accomplish same.
7. THAT the City of Okeechobee determines that the appraisal of the Mason
parcel(s) performed by Brandon Tucker, as set forth in Exhibit "A" hereto, is
made in good faith upon sound land comparisons and appraisal techniques;
that Mr. Tucker is an experienced and licensed land appraiser; and that the
estimate of value contained therein computed at $10,000.00 per acre of the
Mason parcel(s) is appropriate to extend to the landowner.
8. THAT the City of Okeechobee determines that as the Mason parcel(s) will
be used by the public as a city street for access to its industrial property, and
that adjoining land will be used for drainage, wetland mitigation or other
permissible public uses, as such improvements will be permanent in nature.
Therefore, the City of Okeechobee, upon review of relevant data and
opinions of consulting engineers, determines that the described property is
the minimum area that must be obtained in condemnation to accomplish the
public purposes set forth herein, and must acquire no less than fee simple
title to the Mason parcel(s) by its action in condemnation.
9. THAT the City of Okeechobee determines that the legal description of the
Mason parcel(s) prepared by Craig A. Smith &Associates, dated January 17,
2003 and by Tradewinds Professional Services, Inc., dated June 4, 2003,
attached hereto as composite Exhibit "B" and incorporated herein by
reference, are a true and accurate description of the Mason parcel(s)
subject to condemnation; are approved and ratified by this resolution; and
shall be included in any petition for condemnation filed by the City pursuant
to the authority of s. 166.411 Florida Statutes and this resolution.
10. THAT the City of Okeechobee determines that the declaration of taking
prepared by the City Attorney and attached to this Resolution as Exhibit "C",
incorporated herein by reference, which identifies and values the Mason
parcel(s) as parcels a, b, and c, is a valid declaration reflecting the intent and
purpose of the City Council; is ratified and approved; and directed to be filed
with any petition for condemnation filed pursuant to this Resolution.
11. THAT pursuant to this Resolution, the City Council directs that the City
Attorney hereafter pursue an action in condemnation against the Mason
parcel(s) as provided by law and to expeditiously conclude same.
SEVERABILITY. Should any portion of this resolution be deemed by a court of
competentjurisdiction to be invalid such determination shall noteffectthe remainder
of the resolution which shall remain in full force and effect.
EFFECTIVE DATE. As provided by law, the City of Okeechobee Florida determines
that it shall cause this resolution to become effective immediately upon final
approval and passage by the City Council of the City of Okeechobee.
THAT this Resolution is introduced for emergency action, as authorized by Section
166.041(3)(b) F.S. and approval by the City Council of the City of Okeechobee,
Florida this 26t' day of September, 2003 and is hereby adopted.
Page 3 of 4
DATED this 26 TH day of SEPTEMBER, 2003.
ATTEST:
JAMES E. KIRK, Mayor
For the City of Okeechobee, Florida
Lane Gamiotea
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY
John R. Cook
City Attorney
Page 4 of 4
. ..... ....
[E
RESOL *ION NO. 03-11 - EXHIBIT, P%11
APPRAISAL OF REAL PROPERTY
LOCATED AT:
XXX N E 11 th Street
Long Legal (See attached)
Okeechobee, FL 34972
FOR:
City of Okeechobee
Office of the City Administrator
Okeechobee,FL 34972
AS OF:
March 12, 2003
BY:
Brandon D Tucker, P.A.
State Cart. Res. REA 3326
RD3326
Valuation Professionals, PLLC
Form GA6 — "TOTAL for Windows" appraisal software by a la mode, inc. — 1-800-ALAMODE
Res. No. 03-11 - Exhibit "N'- Page I of 14
I It
Boffuwer/Client City of Okeechobee File No. SFREA017/03
PropeoAddress XXX NE 11th Street
-City Okeechobee County Okeechobee State FIL Code 34972
Lender City of Okeechobee
TABLE OF CONTENTS
Invoice......... .................................................................................................................................................................................................................... 1
CoverPage ....................................................................................................................................................................................................................... 2
Letterof Transmittal .......................................................... ............................................................................................................................................... 3
Summaryof Salient Features .............................................................................................................................................................................................. 4
USPAPIdentificallon ......................................................................................................................................................................................................... 5
Land................................................................................................................................................................................................................................. 6
AdditionalComparables 4-6 ............................................................................................................................................................................................... 7
GeneralText Addendum ..................................................................................................................................................................................................... 8
SubjectPhotos .................................................................................................................................................................................................................. 9
Statementof Limiting Conditions ........................................................................................................................................................................................ 10
SubjectProperty Sketch ................................................. ............................................................................................................................................... I .... 12
TaxCard and Legal Description .......................................................................................................................................................................................... 13
ComparableSales Map ....................................................................................................................................................................................................... 14
Form TOW — "TOTAL foF Windowe appraisal software by a la mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 — Exhibit "A" — Page 2 of 14
fikk4kh M
Valuation Professionals, PILLC
104 NW 7th Avenue
Okeechobee, FL 34972
(888) 874-2945
City of Okeechobee
Office of the City Administrator
Okeechobee, FL 34972
Re: Property: XXX N E 11 th Street
Okeechobee, FL 34972
Borrower: City of Okeechobee
File No.: SFREA017/03
In accordance with your request; we have appraised the above referenced property. The report of that appraisal is
attached.
The purpose of this appraisal is to estimate the market value of the property described in this appraisal report, as
improved, in unencumbered fee simple title of ownership.
This report is based on a physical analysis of the site and improvements, a locational analysis of the neighborhood and
city, and an economic analysis of the market for properties such as the subject. The appraisal was developed and the
report was prepared in accordance with the Uniform Standards of Professional Appraisal Practice.
The value conclusions reported are as of the effective date stated in the body of the report and contingent upon the
certification and limiting conditions attached.
It has been a pleasure to assist you. Please do not hesitate to contact me or any of my staff if we can be of additional
service to you.
Sincerely,
Brandon D Tucker, P.A.
State Cart. Res. REA 3326
RD0003326
Res. No. 03-11 - Exhibit "A" - Page 3 of 14
r
WiFek-tME V17F0351_Paae#4
SUMMARY OF SALIENT FEATURES
Subject Address
XXX N E 11 th Street
LegalDescription
Long Legal (See attached)
City
Okeechobee
County
Okeechobee
State
FL
Zip Code
34972
Census Tract
9902
Map Reference
37-35-15
Sale Price
$ NIA
Date of Sale
N/A
Borrower/ Client
City of Okeechobee
Lender
City of Okeechobee
Size (Square Feet)
Price per Square Foot
$
Location
City Limits NE
Age
Condition
Total Rooms
Bedrooms
Baths
Appraiser
Brandon D Tucker, P.A_
Date of Appraised Value
March 12
Final Estirnate of Value
$ 86,400
Form SSD — TOTAL for Windows" appraisal software by a la mode, inc. — I -800-ALAMODE
Res. No. 03-11 - Exhibit "A" - Page 4 of 14
-8 rk W I W673ITao—e #6
Borrower City of Okeechobee File No. SFREA017/03
Property Address XXX NEI 1 th Street
City Okeechobee County Okeechobee State Fl- Tip Code 34972
Lender City of Okeechobee
APPRAISAL AND REPORT IDENTIFICATION
This appraisal conforms to um of the following definitions:
Complete Appraisal (The act or process of estimating value, or an opinion of value, performed without Invoking the Departure Rule.)
Limited Appraisal (The act or process of estimating value, or an opinion of value, performed under and resulting from Invoking the
Departure Rule.)
This report is one of the following types:
Self Contained (A written report prepared under Standards Rule 2-2(a) of a Complete or Limited Appraisal performed under STANDARD 1.)
Summary (A written report prepared under Standards Rule 2-2(b) of a Complete or Limited Appraisal performed under STANDARD 1.)
Restricted (A written report prepared under Standards Rule 2-2(c) of a Complete or Limited Appraisal performed under STANDARD 1
for client use only.)
Comments on Standards Rule 2-3
I certify that, to the best of my knowledge and belief:
• The statements of fact contained in this report are true and correct.
• The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased
professional analyses, opinions and conclusions.
• I have no (or the specified) present or prospective Interest in the property that is the subject of this report, and no (or the specified) personal interest with respect to the
parties Involved.
• I have no bias with respect to the property that Is the subject of this repo" or the parties involved with this assignment.
• My engagement in this assignment was not contingent upon developing or reporting predetermined results.
• My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause
of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the Intended use of this appraisal.
• My analyses, opinions and conclusions were developed and this report has been prepared, In conformity with the Uniform Standards of Professional Appraisal Practice.
• I have made a personal Inspection of the property that Is the subject of this report,
• No one provided significant real property appraisal assistance to the person signing this certification, (if there are exceptions, the name of each Individual providing significant
real property appraisal assistance must be stated.)
Comments on Appraisal and Report Identification
Note any departures from Standards Rules 1-2, 1-3, 1-4, plus any USPAP-related issues requiring disclosure:
APPRAISER:
Signature:
Name: Brandon D Tucker, P.A.
Date Signed: March 14, 2003
State Certification #: RD0003326
or State License #:
State: FL
E)#raffon Date of Certification or License: 11/30/2004
SUPERVISORY APPRAISER (only If required):
Signature:
Name:
Date Signed:
State Certification #:
or State License #:
State:
Expiration Dale of Gertificallon or License:
C1 Did [:1 Did Not Inspect Property
Tucker Group
Form ID3 — "TOTAL for Windows" appraisal software by a la mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 — Exhibit "A" — Page 5 of 14
a
LAND APPRAISAL REPORT
1FIleNu.*SiRi OIiJ703Ta =0#
City of Okeechob
Pon Nn qFPF:An171n1
Botmwer City of Okeechobee Census Tract 9902 MapRefetence 37-35-15
Property Address XXX NE 1 Ith Street
City Okeechobee County Okeechobee State FL ZIpCode 34972
Legal Description Long Legal (See attached)
Sale Price $ NIA Dale of Sale NIA Loan Term N/A y1s. Ptopedy fthts Appraised N Fee [I Leasehold [] De Minirnis PUD
Actual Real Estate Tw(es $ _ (yr) Loan charges to be paid by seller $ NIA Other sales concessions N/A
Lender/Client City of Okeechobee Address -Office of the City Administrator, Okeechobee, FL 34972
Occupant Vacant — Appraiser Brandon D Tucker, P.A. Instructions to Appraiser Appraise as vacant.
Location Urban Suburban Rural Good Avg. Fail Poor
Built Up Over 75% 25%to75% Under 25% Employment Stability [I M 1:1 11
Growth Rate [__1 Fully Dev. r] Rapid Steady slow Convenience to Employment 0 M 1:1 El
Property Values 0 Increasing Stable Declining Convenience to Shopping 0 11 El 1:1
Demand/Supply 0 Shortage M In Balance L] Ovetsupply Convenience to Schools [1 0 El El
Marketing Time El Under 3 Mos. M 4-6 Mos. [A Over 6 Mos. Adequacy of Public Transportation El 1:1 El 11
Present Land Use 60% 1 Family __LO% 2-4 Family Apts. _% Condo 20% Commercial Recreational Facilities 0 N El El
% Industrial 10% Vacant % Adequacy of Utilities X 0 El 11
Change in Present Land Use 17T—Not Likely F-1 Likely F1 Taking Place Property Compatibility 0 El E] M
(*) From To Protection from Dehimental Conditions F.] M F] F-]
Predominant Occupancy F] owner Ll Tenant % vacant Police and File Protection N Ll Ll [A
Single Family Price Range $ to $ Piedominard Value $ General Appearance of Properties L1 N El El
Single Family Age yrs. to I
_ yrs. Piedominant Age _ yrs. I Appeal to Market El M L1 L
Comments including those factors, favorable or unfavorable, affecting marketability (e.g. public parks, schools, view, noise): The subject property is a long narrow strip of
land running along a portion of Taylor Creek, Access is provided by unimproved rig�t of ways to Ole property from NE 11 th Street, 12 th Street
and 13th Street. The general area has average appeal to the malket with a mix of single-family, multi -family and commercialtindustriall
applicabons in the area. There are no negative factors affecting the subject neighborhood.
Dimensions Irregular
8.46 Sq. Ft. of Acres Cornet Lot
Zoning classification Holding (Single -Family
Residential I FLU) Piesent Impiovements F3 do El do riot contorm to zoning regulations
Highest and best use M Present use
Other (sp"
OFF SITE IMPROVEMENTS Topo Ridgeland I Multiple Elevations
Public Other (Describe)
Elec.
Street Access M Public E] Private Size 8.46 acres
Gas
Surface Dirt Shape Irregull r (Long and narrow)
Water
Maintenance El Public E] Private View Taylor Creek/ Woods
San. Sewer
0 Slofm Sewer Cuib/Guftet Drainage Adequate
El Underground Elect. & Tel.
0 S walk Street LVds I is the property located In a HUD Identilled Special Flood Hazard Area? L1 No M Yes
Comments (favorable or unfavorable IncludIng any
apparent adverse easements, encroachments, or other adverse conditions): The subject properties shape and access along
with the city water treatment plant being
located across the creek are considered negative factors or functional & external obsolesences. the
difficulty is measuring how these obsolesences affect the subject property.
The undets�ned has recited three recent sales of properties most similar and pro)dmate to subject and has considered these in the market analysis. The description includes a dollar
adjustment reflecting market reaction to those items of significant variation between the subject and comparable properties. K a significant Rem In the comparable property is superior
to at more favorable than the subject property, a minus (-) adjustment is made thus reducing the Indicated value of subject; I a slijn1ficant Rem In the comparable is interior to or less
favorable than the subject property, a plus (+) adjustment is made thus Increasing the indicated value at the subject.
ITEM I SUBJECT PROPERTY
COMPARABLE NO. I
COMPARABLE NO. 2
COMPARABLE NO. 3
Address XXX N E 11 th Street
NVV 7th Avenue & 7th Street
SW 5th Avenue & 8th Street
XXX SW 67th Drive
Okeechobee
Okeechobee
Okeechobee
Okeechobee
NuAmity to Subject
1 mile west
2 miles souffiwest
6 miles west
Sales Price
$ N/A
J$
57,500
is
19,000
1$
50,000
Price Pet Acre
$ N/A
J$
27,831
1$
15,561
— Is
9,208
Data Source
Public Records
OR Book 421 Page 1906
OR Book 411 Page 177
OR Book 49� Pa e 633
Date of Sale and
DESCRIPTION
DESCRIPTION 1+(-)$ Adeust.
DESCRIPTION 1+ )$ Admust
DESCRIPTION + )$ AdjusL
Time Adjustment
N/A
04/30/1999
08/31/1998
01/07/2003
Locafion
City Limits NE
City Limits NVV
Citv Limits SW
Lazy 7 -10,000
SlWiew
Creek/Woods
Homes
Homes
Homes/Pasture
Land Size
8.46 acres
2.066 acres 17,250
1.221 acres -5,700
5.43 acres -4,000
ZoriVLU
Holding/SFR
SFR/SFR
SFR/SFR
AG/AG
Utilities
ETWS
ETWS
ETWS
ET +7,500
ShaWAccess
Irregular/ROW
Rectangular/Pav Rd -12,000
Rectanquiar/Pav Rd: -3,990
Rectangular/Pav -12,500
Sales or Financing
NIA
Cash to seller
Cash to seller
Cash to seller
Concessions
Net Ad'. (Total)
+ ;$ 29,250.
F1 + M ;$ 9,690
F1 + M - 19,000
Indicated Value
'I
of Subject
$ 28,2501
1 r .
$ 9,310
$ 1.000
Comments on Market Data: See attached addenda.
Comments and Conditions of Appraisal: This complete appraisal, summary report was prepared in accordance with the Uniform Standards of
Professional Appraisal Practice (USPAP). The extraordinary assumption at the property has good legal access and that setbacks from the
creek do not prohibit the development of one single-family home on the site is a condition of the reported value.
Final Reconciliation: It is my opinion, that the fair market value of the subject 8.46 acre parcel is equal to $10,000.00 per acre of $86,400.00.
�KET LUE, AS F
I ESTIMATE THE MAR 7777 ECT PROPERTY AS OF March 12 2003 to be $ 86,400
.Brandon D Tucker n Did Did Not Physically Inspect Property
Appiaisei(s) Review Appraiser (I applicable)
iYZKl Tucker Group
Form LND — 'TOTAL for Windows' appraisal software by a [a mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 - Exhibit "A" - Page 6 of 14
RAND APPRAISAL REPORT Frue ho. SFRA 011744A031 Page #7
(—MARKET DATA ANALYSIS
City of Okeechob
ITEM SUBJECT PROPERTY
COMPARABLE NO. 4
COMPARABLE NO. 5
UNU 110. orrltmu I I tua
COMPARABLE NO. 6
Address XXX N E I I th Street
Okeechobee
XXX SE 82nd Avenue
Okeechobee
XXX SW 32nd Avenue
Okeechobee
PFO)dm
5 miles SE
3 miles southwest
Sales Price
N/A
$ 67,500
t 110,000
$
Price Per Acre
$ N/A
1$ 13,500
$ 17,107
1$
Data Source
Public Records
OR Book 49 a e 1434
OR Book 477 P 728
A
Date of sale and
— DESCRIPTION
DESCRI ON a+(-)$ Adjust.
DESCRIPTION
DESCRIFI-ION �Af ust.
The Adjustment
N/A
01110/2003
05/22/2002
Location
City Limits NE
Quail Woods -10,000
SW Section �30000
Sitty'View
CreekAtVoods
Pasture
Pasture/Homes
Land Size
8.46 acres
5 acres -5,750
6.43 acres -8,00-0
ZonWLU
Holding/SFR
AGIAG
AG/AG
Utilities
ETVVS
ET +5,000
ETVV +2,500
SIpWccess
Irregular/R
Rectangular/Pv Rd -15,500
Rectanqular/Pv RD -22,000
Sales or Financing
Concessions
N/A
Cash to seller
Cash to seller
Net Adj. (Total)
I
n + [�.l - 26,250
r]+ M- $ 57.500
F] + r] -
Indicated Value
of Subeect
$ 41,2501
$ 52,500
—
1
�$--
Comments: The main
unit of comparison is dollars per acre. Land size adjustments
are negative (superior) if the land is smaller in size than the
subject due to the inverse relationship that typically exists between land size and dollars per acre. Percentage adjustments were made for
location and shapelaccess. Utilities were adjusted based upon estimated cost to install if available. The adjusted values on a dollars per acre
basis are as follows:
Comp -1 $13,673 per acre
Comp-2 $7,624 per acre
Comp-3 $5.709 per acre
Comp-4 $8,250 per acre
Comp-5 $8,164 per acre
The mean of these adjusted values is equal to $8,684 per acre. Giving the most weight to comps 1 and 2 brings me to the conclusion that the
price per acre value for the subject to be equal to say $10,000.00 per acre. No extra value is given for the creek view since the creek is
overgrown in the subject area and the water treatment plant located across the street takes away from the subject property so the creek feature
is a wash compared to the comparable site/view features therefore no a4justment was made.
Tucker Group
Form LND.(AC) — *TOTAL for Windows' appraisal software by a [a mode, Inc. 1-800-ALAMODE
Res. No. 03-11 — Exhibit "A" — Page 7 of 14
Wile No-grAWIM93"I 'Ka' re#M
Suoulemental Addendum Pilo Mn qFPPAn17/n-'A
BorrowertClent City of Okeechobee
PropertyAddress XXXNE11thStreet
City Okeechobee County Okeechobee State I'L Zip Code 34972
Lender City of Okeechobee
I �: 11'�4-84
- Land : Market Data
There are no true comparable sales like the subject since it is a unique parcel of land. Comps I & 2 are sales of multiple lots in
the city limits thats highest and best use is for single family homes. Comps 3-5 are acreage sales that I consider to be
competing properties to the subject If someone was looking to buy 5-10 acres for a homesite in the area. Adjustments are
made for land size, shape & access, as well as location and utilities. I believe the highest and best use for the subject property
is for one 8.46 acre homesite due to Its shape and ingress/egress. This Is why I have placed emphasis on acreage sales and
have used price per acre as a unit of comparison instead of a price per lot basis for a standard city lot (50x`142.5).
Form TADD — "I'OTAL for Windows" appraisal software by a la mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 — Exhibit "A" — Page 8 of 14
�ile W til 100 ffio
Subject Photo Page
Bofruwer/Client City of Okeerhobee
Properly Address XXX NE 1 Ith Street
City Okeechobee County Okeechobee State FL Zip Code 34972
Lender City of Okeechobee
Subject Front
XXX NE 11 th Street
Sales Price
NIA
Gross Living Area
Total Rooms
Total Bedrooms
Total Bathrooms
Location
City Limits NE
View
CreekMoods
SRO
Quality
Age
Subject Rear
Subject Street
Form PICPD(.SR — "TOTAL for Windowe appraisal software by a la mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 - Exhibit "A" - Page 9 of 14
11
Nie
DEFIIINIIITION OF MARKET VALUE: The most probable price which a property should bring In a competitive and open market under all conditions
requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price Is not affected by undue stimulus. Implicit In this
definition is the consummation of a sale as of a specified date and the passing of tide from seller to buyer under conditions whereby: (1) buyer and seller are
typically motivated; (2) both parties are well Informed or well advised, and each acting In what he considers his own best Interest; (3) a reasonable time is allowed
for exposure In the open market; (4) payment Is made In terms of cash In U.S. dollars or In terms of financial arrangements comparable thereto; and (5) the price
represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions* granted by anyone associated with
the safe.
Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments ate necessary
for those costs which are normally paid by sellers as a result of tradition or law In a market area; these costs are readily identifiable
since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the
comparable property by comparisons to financing terms offered by a third party instififtnal lender that Is not already Involved In the
property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession
but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the
appraisers judgement.
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS: The appraiser's ceitillcation that appears in the appraisal report Is subject to the following
conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised of the title to ft. The appraiser assumes that
the title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised an the basis of ft being under responsible
ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the Improvements and the sketch is included only to assist
the reader of the report in visualizing the property and understanding the appraiser's deteanination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted
in t ' he appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes
no guarantees, express or implied, regarding this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property In question, unless specific arrangements to do
so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These
separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are Invalid I they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic
substances, etc.) observed during the inspection of the subject property of that he or she became aware of during the normal research Involved In performing
the appraisal. Unless otherwise stated In the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or
adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and
has assumed that there are no such conditions and makes no guarardees or warranties, express or Implied, regarding the condition of the property. The
appraiser will not be responsible for any such conditions #0 do exist or for any engineering of testing that might be required to discover whether such
conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an
environmental assessment of the property.
7. The appraiser obtained the information, estimates, and opinions that were expressed In the appraisal report from sources that he or she considers to be
reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items that were fumished by other
parties.
B. The appraiser will not disclose the contents of the appraisal report except as provided far in the Uniform Standards of Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that Is subject to satisfactory completion, repairs, or
alterations on the assumption that completion of the Improvements will be performed In a workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lendef/client specifled In the appraisal report can distribute the appraisal report
(including conclusions about the property value, the appraiser's Identity and professional designations, and references to any professional appraisal
organizations or the firm with which the appraiser Is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage
insurer, consultants; professional appraisal organizations; any state or federally approved financial Institution; or any department, agency, or instrumentality
of the United States or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data
collection or reporting service(s) without having to obtain the appiralser's prior wriften consent. The appraiser's written consent and approval must also
be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media.
Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae Form 1004B 6-93
Tucker Group
Form ACR — "TOTAL for Windows" appraisal software by a la mode, Inc. — 1-800-ALAMODE
Res. No. 03-11 — Exhibit "A" — Page 10 of 14
APPRAISER'S CERTIFICATION. The Appraiser cedifies and agrees that:
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property
for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant
variation. If a significant hem In a comparable property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce
the adjusted sales price of the comparable and, 9 a significant Rem In a comparable property is Interior to, or less favorable than the subject property, I have made
a positive adjustment to Increase the adjusted sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value In the appraisal report. I have not
knowingly withheld any significant Information from the appraisal report and I believe, to the best of my knowledge, that all statements and Information In the
appraiisal report are true and correct.
3. 1 stated In the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent
and limiting conditions specified In this form.
4. 1 have no present or prospective Interest in the property that Is the subject to this report, and I have no present or prospective personal Interest or bias with
respect to the participants In the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value In the appraisal report
an the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present
owners or occupants of the properties In the vicinity of the subject property.
5. 1 have no present or contemplated future Interest In the subject property, and neither my current or future employment nor my compensation for performing this
appraisal Is contingent on the appraised value of the property.
6. 1 was riot required to report a predetermined value or direction In value that favors the cause of the client or any related party, the amount of the value estimate,
the attainment of a specific result, or the occurrence of a subsequent event In order to receive my compensation and/or employment for performing the appraisal. I
did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan.
7. 1 performed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal
Standards Board of The Appraisal Foundation and that were In place as of the effective date of this appraisal, with the exception of the departure provision of those
Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market Is a condition In the definition of market value
and the estimate I developed Is consistent with the marketing time noted In the neighborhood section of this report, unless I have otherwise stated in the
reconciliation section.
8. 1 have personally Inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables In the appraisal report.
I further certify that I have noted any apparent or known adverse conditions in the subject Improvements, on the subject she, or on any site within the immediate
vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that
I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth In the appraisal report. 9 1 relied on significant professional
assistance from any individual or individuals in the performance of the appraisal or the preparation of the appraisal report, I have named such indlvidual(s) and
disclosed the specific tasks performed by them In the reconciliation section of this appraisal report. I certify that any individual so named Is qualified to perform
the tasks. I have not authorized anyone to make a change to any Rem In the report; therefore, If an unauthorized change is made to the appraisal report, I will take
no responsibility for ft.
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report, he or she certifies and agrees that:
I directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser,
agree to be bound by the appraisers certifications numbered 4 through 7 above, and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: XXX NE 1 Ith Street.Okeechobee, FIL 34972
APPRAISER:
Signature:_.�
Name: Brandon D Tucker, P.A.
Date Signed: March 14, 2003
State Certification #: RD0003326
or State License #:
State: Fl-
Expiration Date of Certification or License: 11/30/2004
SUPERVISORY APPRAISER (only If required):
Signature:
Name:
Date Signed: _
State Certification #:
or State License #:
State:
Expiration Date of Certification or License:
[-1 Did 1-1 Did Not Inspect Property
Freddie Mac Form 439 6-93 Page 2 of 2 Fannie Mae Form 1004B 6-93
I a
CIT-Y- IMITS-
HA.-L. tj,--]
MEN
T
LL
N.E.1 0 TH STREEV
H-rTPJEET I
--JNr— IUULFLOAEL— BOARD COAgjhW
3-15-37-35-0010-00010-001B
MASON V\ALLIAM H
12tl 1/1996 - $10,000 - VIQ
N.E-7 - T N.E.7 TH STREET
TTI F-Fll FIF-I E:IIT-1 I I I n7l F-Un F----]
littp://www.ol�eceliobeepa.coin/diia]Xeon_tinp/0KEEC1-1013EEI 047664501484.gir
3/14/2003
Res. No. 03-11 — Exhibit "A" — Page 12 of 14
NEW SET__H_'j
!W
NOTICE OF AD VALOREM TAXES & NON -AD VALOREM ASSESSMENTS
BILL # R 2924700 2002
REAL ESTATE TAX/NOTICE RECEIPT FOR OKEECHOBEE
COUNTY PROPERTY # R 3-15-37-35-0010-00010-OOIB
IF PAID IN
MARl-MAR31
APR��
APR26-MAY22
MAY 23TH
TAX SALE.
TOTAL DUE
$241.60
*248.85
$250.05'
$0.00-
$0.00
AD VALOREM TAXES
TAXING
AUTHORITY
MILLAGE RATETAX AMOUNT
MASON WILLIAM H
1032 SW 20TH AVE
SCHOOL-RLE
.00587500
$57.16
OKEECHOBEE, FL 34974
COUNTY
.00800100
$77.84
CITY-
OKEECHOBEE
.00668990
$65.09
8.46 ACRES
SOUTH FL. WAT
.00069700
$6.78
CITY OF OKEECHOBEE
MGMNT
BEG AT A PT ON N BDRY LINE OF
SCHOOL -DISC
.00276000
$26.85
SEC 15 SAID PT BEING DUE N OF
COUNTY BOND
.00047980
$4.67
THE NE'COR OF BLOCK 1, CITY OF
CHILDRENS
.00033000
!t3.21
COUNCIL
TOTAL AD -VALOREM: $243L.6() FAIR MKT VALUE $9,729 DIST 50
NON -AD VALOREM ASSESSMENTS ASSESS $9,729 EXEMPT VALUE 0
TAXING TAX AMOUNT TAXABLE VALUE $9,729
AUTHORITY
TOTAL NON -AD VALOREM: $0.00
COMBINED TAXES & ASMTS; $241.60
DISCOUNT: $0.00
UNPAID BALANCE: $241.60
Exemptions:
None
Property Address:
litip://www.okeecliobeecotintylaxcollector.co,ii/,raxB illRT.aspx?l'aXBil lNo=2924700&Ta... 3/14/2003
Res. No. 03-11 - Exhibit "A" - Page 13 of 14
m
x
LU
6
z
ui
'16N NO. 0011 - XHISIT &
DE.SCR I PT I ON:
A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS BOOK 305, PAGE 962,
PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA LYING IN SECTION t5, TOWNSHIP
37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNEA OF LOT 1, BLOCK 51, OKEECHOBEE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGE 5 OF THE PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE SOUTH HIGHT OF WAY
LINE OF NORTHEAST 9TH STREET;
THENCE NORTH OOOOB'04" WEST, A DISTANCE OF 70.00 FEET TO THE SOUTHEAST
CORNER OF LOT 6, BLOCK 34, OF SAID PLAT OF OKEECHOBEE, SAID POINT ALSO BEING
ON THE NORTH BIGHT OF WAY LINE OF SAID NORTHEAST 9TH STREET;
THENCE NORTH BY051'56" EAST ALONG THE EASTERLY EXTENSION OF SAID NORTH HIGHT
OF WAY LINE, A DISTANCE OF 203.6 FELT, MOHE OFT LESS, TO THE APPHOXIMATF-
WFSTFHN SHOHELINE OF THE ONOSHOHATCHEE HIVUH 111AYI-011 CHELK);
THENCE SOUTHERLY. MEANDERING SAID APPROXIMATE WESTERN SHORELINE, A DISTANCE
OF 71 FEET, MORE OR LESS, TO A POINT ON THE ITASTIEHLY EXTENSION OF THE SOUTH
HIGHT OF WAY LINE OF SAID NORTHEAST YTH STEET;
THENCE SOUTH 89051'66" WEST ALONG SAID EASTERLY EXTENSION, A DISTANCE OF
200.3 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF OKEECHOBEE, OKEECHOBEE COUNTY, FLORIDA
CONTAINING 14,20B SQUARE FEET. MORE OR LESS.
SUHVEYOH'S NOTES
1. REPRODUCT IONS OF TIIIS SKETCII AIIE NOI VALID WITIIOUT
IIIE SIGNAIUIIE AND ]-IT[-- 0111GINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEY011 AND MAPPER.
2. TIIIS PARCEL IIAS NOT BEEN ABSTRACTED FOR RIGIITS-OF-WAY,
EASEMENTS, Oil OTIIEFI nEcanDED OR UNITECORDED INSTRUMENTS.
3. HEARINGS SIIOWN IIEREON ARE RELATIVE TO TIIE SOUTI-I IIIGIIT
OF WAY LINE 01: NORIIIEAST 9111 STREET.
(ASSUMED TO BEAR NORT11 09051'56" EAST)
LIEGEND
O.C.P.H. OKIECIIOBEE COUNTY PU13LIC RECORDS
P. B. PLAT 0001�
PG. PAGE
13.0.0. POINT OF BEGINNING
P.O.C. POINT OF COMMENCEMENT
SO. FT. SOUAHE FEET
Fwxpl C
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
PORTION OF
SECTION 0-37-35
OKEECHOBEE
PLAT BOOK 6, PAGE 5
OKEECHOBEE COUNTY, FLORIDA
CnAIG A. SMITH & ASSOCIATES
CONSULTING ENGINEERS-PLANNEnS-SURVEYOIIS
Cjoa:E� III ROYAL PALM 1EA111 IL11*
YAL PALM BEACII, FLORIDA 33411
(5611-791-9200
CEITTIFICATE NO: L03110
SI(ETCII & DESCIIII11ION I RDK 101/17/03 N/A nOK
REVISION - 1 0 N DA TE FBIPG Ch
NE 9TI-I.AVENUE
EXTENSION
ADDITIONAL RIGFIT OF WAY
RIEPAHED FOn: CITY OF 0I<1IE-CI-IOBEIE
AD LIBRAIIY: O9B6ATAY
SHEET i OF 2
ll'�'
"y- N. E. .9,111 ST,
LOCATION MAP OKEECIIOIJEE
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SKETCH OF DESCRIPTION lN0sjl0llA-1CIlEE UVIEW
THIS IS NOT A SURVEY
SURVIYOR'8 CERTIFICATE—.—
IlEnEBY CERTF!FYYTIIATWTIIIS SKETCII AND DESCRIPT ON 19 ACCUTIATE
10 THE BEST 0 M KNO LEDGE AND BELIEF AND 0 MEETS APPLICABLE
3ECTIONS OF THE MINIMUM TECIINICAL STANDAR S AS SET FunTII
I Y THE FLUnIDA BOA nO DF PnOFESSIONAL SUFIVEYORS AND MAPPE(IS
IN CHAPTER 61017-6, FLOPIDA ADMINisTnATIVE CODE, PUIISUAHT
10 SECTION 472,027, FLORIDA STATUTES. SUBJECT TO THE
)UALIFiCATIONS NOTED IlEnEON.
:On THE FIFIM. BY:
1/17/03
ION
M�%L SUIIVEY0,1,I Ali MAI�I`En
To"m E, D5 As _ 12. 040
;IS lHATI
sl(Elcll & l)Escnwrl0N
110K
01117IU3
N/A
111) K
REVISION
6A TE
FBIPG
CRA / G A. SM / TH ASSOCIATES
CONSULFING lkGII-4LEIIS-PLANNEIIS-SUIIVEYDIIS
YAL PALM BEACII, I---LOIIII)A 33411
COJMS� III 11YAL PALM DEACII BLVD.
(F)61)-791-92801::)Fll�--l�'AI-IED
CEPTIFICATE NO:- 1-133110
NE 9TH AVENUE
EXT ENS ION
ADDITIONAL RIGHT OF WAY
FOR: CITY OF OKI-EECHOBEIE
CAD LIBRARY: 09136ATAY
I S 11-11 T 2 017 2
Res. No. 03-11 - Exhibit "B" - Page 2 of 4
11
EXH1131T 0A*
PAGE 1 OF 2
DESCRIPTION:
(PREPARED BY SURVEYOR)
A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 385, PAGE 962 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY. FLORIDA. SAID PORTION OF LAND LIES WITHIN SECTION 15. TOwNsHIP 37
SOUTH, RANGE 35 EAST. OKEECH08EE COUNTY. FLORIDA AND IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF BLOCK 51, OKEECHOBEE. ACCORDING TO THE PLAT THEREOF
RECORDED AT PLAT BOOK 5. PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE
PROCEED NORTH 89*56'33" EAST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF SAID BLOCK 51,
AND CROSSING A PORTION OF THESE LANDS DESCRIBED AS 'PARCEL 2* AND PARCEL "3", PLAT NO. 2
TAYLOR CREEK WATERSHED, ACCORDING TO THE PLAT THEREOF RECORDED AT PLAT BOOK 3. PAGE 26 OF
THE PUBLIC RECORDS OF OKEECH013EE COUNTY, FLORIDA. A DISTANCE OF 200.3 FEET, MORE OR LESS TO THE
M."PROXIMATE WESTERN SHORELINE OF TAYLOR CREEK (AS CAU-,-D FOR IN THE AFORESAID ORB 385, PAGE
962); THENCE SOUTHERLY, MEANDERING ALONG SAID WESTERLY, SHORELINE, A DISTANCE OF 232.33 FEET,
MORE OR LESS TO THE INTERSECTION NTH THE NORTH RIGHT-OF-WAY LINE OF THE SEABOARD AIR LINE
RAILROAD AS SHOWN ON THE AFORESAID PLAT NO. 2 TAYLOR CREEK WATERSHED; THENCE, DEPARTING SAID
WESTERLY SHORELINE, RUN SOUTH 89'57'13" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
176.72 FEET. MORE OR LESS, TO THE SOUTHWEST CORNER OF THE AFORESAID "PARCEL 2; THENCE NORTH
00*02'47" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE EAST LINE OF THE AFORESAID BLOCK 51.
A DISTANCE OF 231.09 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINING 43,720 SQUARE FEET. MORE OR LESS.
PROJECT SPECIFIC NOTES/LEGEND:
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 EAST LINE OF BLOCK 51, OKEECHOBEE, TAKEN TO BEAR
NORTH 00*02'47' WEST PER 'PLAT NO. 2 TAYLOR CREEK WATERSHED'.
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) REPRODUCTIONS OF THIS DRAWING ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL
OF THE SIGNING SURVEYOR.
5) NE NORTHEAST
6) ± MORE OR LESS.
7) (CAS) = MEASURE PER SKETCH AND LEGAL DESCRIP11ON PREPARED BY CRAIG A. SMITH & ASSOCIATES. 2
SHEETS, NO DATE, NO DRAWING NUMBER.
8) (C) = CALCULATED.
9) S.A.L - R.R. = SEABOARD AIR LINE RAILROAD.
10) R/W = RIGHT-OF-WAY.
Kenneth A. Breaux Jr. Fl. PSM #4820
'- SKETCH OF DESCRIPTION
PREPARED FOR: CITY OF OKEECHOBEE
DESCRIPTION SI(ETCH OF DESCRIPTION
DATE —
By
CK
EXHIBIT 'A' Page 1
06/04/03
is
JAW
DISK: TwPS
SCALE: N/A -
FIB/PG. N/A
VLE: 17328- SKETCH -LAYO
10: 173215
TRADEWINDS
CfttVIc&t@ of AuthorizaUan No. 111 67t9
113 NW 11TH AVENUE
Okeechobee. FL 34972
Tel: (941) 763-2887
Res. No. 03-11 - Exhibit "B" - Page 3 of 4
GRAPHIC SCALE
EXHIE31T mA* 400 0 200 400
PAGE 2 OF 2
IN FEET
I inch = 50 ft
APPROXIMATE SHORELINE
POINT OF BEGINNING
cvi �NE CORNER BLOCK 51
N 89056' E 200.30'(CAS)
101.97':k(C)
3
ca
Z
C13
w
Ln.
0
0
0
z
LOT 6
BLOCK
v
NORTH LINE
BLOCK 51
04
to
04
w
C'4 a
CL
_j
LLJ
0
a
ry
a.
CL
PARCEL "A"
21,383± SQ. FT
C4
w
CL
LLJ
0
(.) 0
ry m
C"I IL
CL
VEST LINE PARCEL 3
PLAT BOOK 3, PAGE 36
PARCEL "B"
22,337± 50. FT
31.09,(C) 1
,.,-SW CORNER 'PARCEL 2"
86.72' _.,\ — ga.00,gq
-/9- fiq-57'13" W 176.72'(
:H
S 00-02'47" E (C)
/73.00'±(C)
APPROXIMATE WEST
EDGE OF CREEK
AS SCALED FROM
COUNTY AERIAL
PHOTOGRAPH
S 13-27'55" W (C)
100.92'±(C)
S 00-02'47" E (C)
60.00'±(C)
S. A. L. R. R.
NORTH R/W LINE OF SEABOARD AIR LINE
RAILROAD (PER PLAT BOOK 3 PAGE 36)
el SKETCH OF DESCRIPT
PREPARED FOR: CITY OF OKEECHOBEE
DESCRIPTION SKETCH OF DESCRIPTION
DA=
;Y
CK
O(HIBIT 'A' Page 2
06/04/03
1 is
JAW
DISK: Twps
SCALE- 1*-50'
�DLE: 17328
JOB NO: 17328
SOUTH LINE PARCEL
TRADEWINDS
Y14��- � lyvm.44�, JqT110.
C.,titir
..t. .1 AthurizalAcn Ne. LB 6719
113 NW 11TH AVENUE
Okeechobee, FL 34972
Tel: (941) 763-2887
Res. No. 03-11 - Exhibit "B" - Page 4 of 4
RESOLUTION NO. 03-11 - EXHIBIT AVI
IN THE CIRCUIT COURT, IN AND FOR
THE NINETEENTH JUDICIAL CIRCUIT
OKEECHOBEE COUNTY, FLORIDA.
CASE NO.
CITY OF OKEECHOBEE, FLORIDA, a
municipal corporation existing under the
laws of the state of Florida,
PETITIONER
VS.
WILLIAM H. MASON, a single man,
RESPONDENT.
DECLARATION OF TAKING
THE PETITIONER, availing itself of the provisions of Chapters 166.411; 73 and 74,
Florida statutes, to take possession and title in advance of the entry of Final Judgment, and
having filed a lawsuit in eminent domain for the purpose of condemning from William H. Mason
lands and other property necessary for the purpose of securing rights of way, drainage ditches or
structures, right of way set back, wetland mitigation, and service roads for extension of N.E. 9h
Street preliminary to the construction of a bridge necessary for development of city property as
an industrial park, as set forth in the petition filed in these proceedings, hereby declares:
Res. No. 03-11 - Exhibit "C" - Page 1 of 3
C
1. That the property sought to be appropriated in these proceedings is to be taken for the
uses set forth in the authorizing resolution of the city council and the petition in condemnation.
2. That obtaining the real property is necessary and for a primary public purpose as stated
in the authorizing resolution of the city council.
3. That an estimate of value, made in good faith and based upon a valid appraisal
prepared by Brandon Tucker of the each parcel sought to be appropriated in these proceedings, is
as follows:
Appraisal value: $ 10,000. 00 per acre
Estimated size of parcels to be appropriated: parcel A 21,383 Square feet
parcel B 22,337 Square feet
parcel C 14,288 Square feet
Appraisal value per square foot: .23 cents per foot
Value of parcel A: 21,383 Sq.ft. x .23 = $4,918.09
Value of parcel B: 22,337 Sq.ft. x .23 = $5,137.51
Value of parcel C: 14,288 Sq.fi. X.23= $3,286.24
TOTAL ESTIMATED VALUE OF PARCEL: $13,341.84
Res. No. 03-11 - Exhibit "C" - Page 2 of 3
11
4. That the legal description of the lands to be taken is adequately set forth by survey and
legal description prepared by Craig A. Smith & Associates and by Tradewinds Professional
Services, Inc., as set forth in the authorizing resolution. 6�9
JOHN R. COOK
City Attorney
805 S.W. Park St.
Okeechobee, Florida 34972
(863)467-0297
Florida Bar # 262951
Res. No. 03-11 - Exhibit "C" - Page 3 of 3
t
* PUBLIC NOTICE *
* EMERGENCY MEETING *
NOTICE IS HEREBY GIVEN that Mayor James E. Kirk, of the City of
Okeechobee has called an Emergency Session for the City Council to
convene on Friday, September 26, 2003 at 11:30 a.m., at City Hall, 55
SE 3rd Ave, Rm 200, Okeechobee, Florida. Items to be considered
include but are not limited to:
Adopting proposed Resolution No 03-11 authorizing the
initiation of an action in condemnation on the property
known as the William H. Mason Parcel.
For a copy of the agenda please contact the Administrator's Office 863)
763-3372 ext 212.
All members of the public are invited to attend and participate in said
meeting.
PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any
decision made by the City Council with respect to any matter considered at this hearing,
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.
In accordance with the Americans with Disabilities Act (ADA) and Florida Statute 286.26,
persons with disabilities needing special accommodation to participate in this proceeding
should contact Bonnie S. Thomas no later than two (2) hours prior to the proceeding at
863)763-3372 x 215; if you are hearing or voice impaired, call TDD 1-800-955-8770, or
Florida Relay Service 1800-955-8771.
Lane Garniotea, City Clerk