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0964 Alley Closing ... ORDINANCE NO. 964 . AN ORDINANCE CLOSING, VACATING AND ABANDONING THE ALLEYS OR ALLEYWAYS AS DESCRIBED HEREIN, WITHIN BLOCK 206, FIRST ADDITION TO OKEECHOBEE, AS RECORDED IN PLAT BOOK 1, PAGE 11, PUBLIC RECORDS, OKEECHOBEE COUNTY, FLORIDA; 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 AN EFFECTIVE DATE, WHEREAS, the City has received an Alley Closing Application (No. 83) from Bradley G. Goodbread, on behalf of George Goodbread, for the closing of a certain alleyway as described in this ordinance to utilize the property for future development; and WHEREAS, a review of such application reveals that it is in the best interest of the citizens of the City of Okeechobee as a whole to grant said application; and WHEREAS, the granting of the application will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section One, The alleyway described hereafter is hereby closed, vacated and abandoned by the City of Okeechobee, Florida to-wit: The alley running North to South, located directly West of Block 206, FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 1, Page 11 of the public records of Okeechobee County, Florida; together with Section Two, The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three, This ordinance shall be set for final public hearing the 5th day of December, 2006, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 7th day of November, 2006, ATTEST: . 11111111111111111111111111111111111111111111111111111111111I Page 1 of 2 FILE NUM 2006020138 OR BK 00617 PG 1875 SHARON ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FL RECORDED 12/06/2006 02:41:34 PM RECORDING FEES 18,50 RECORDED BY G Mewbourn P9S 1875 - 1876; (2P9S) PASSED and,ADOPTED on second and final public hearing this 5th day of December, 2006. , '.'ATTEST: / REVIEWED FOR LEGAL SUFFICIENCY: .r-~." '\ ./. ~. \ ~ .' /) n ( .. ~"- ~ John R. Cook, City Attorney Page 2 of 2 "... Please type or print: NAME OF APPLICANT MAILING ADDRESS CITY -STATE-ZIP PHONE CO-APPLICANT MAILING ADDRESS CITY -STATE-ZIP PHONE NOTE: Attached additional sheets If more than two property ow the same information as required above. If property owner do application then a letter stating their consent MUST be LEGAL DESCRIPTION OF STREET/ALLEY: P~.ge I CITY OF OKEECHOBEE STREET OR ALLEY CLOSING ApPLICATION APPLICATION NO, (3 (1. / '2-~7 S- ~ 70e OKIi."E""t!#D8Ee, FL 3 t.f97 Z- ocgl.'3-1.3c,t- ZJ 1..1 N.oTe: Upon closing a street/alley in the CITY .oF .oKEECH9E1EE .oKEECH.oBEE subdivision's there may Qe a feeSlmp'e)n~re8t fr Information contact GiI Culbreth 3550 US Hwy. 441S.0~;FL3497 F PURPOSE.OFCLOSING STREET/ALLEY: --ro &J1V6l)i-I~ t..ors piJIl-8t.11{.,f)/iJ6 f/u;J/i'U'" Signature of Co-Applicant ~l~ ~. (k;~/l6Jtt) Print Name Print Name The foregoing instrument was acknowledged ~'l.AOlk~-Gc,..Q_~~ AO and (applicant) (co-applicant) /7 . / as identification and who did (did not). take oath, ~ d"U--- Notary Public, Commission No. .' ~ignature) ~~';'>'- Robert Enncn _f~,~,'j;~.:,~.~0mmiSSiOn # DD359518 ____(Name of Notary typed, printed or stamped) ;.'X. '1:0:: -\"Jrn, DEC. -itj, 2868 -;'~""A... ~ ~... r ....i<" 4; '.."cft',':'Bonded Tllm ""'U~" ..J,tL'T't1C B'onding CO,! !IH:. who produced before me this S'c ni'<" ~ I doub by (date) , , who is personally known to me or Attachments: (1) Copies of deeds of all property 0 street andlo y.) Letters of Consent, if mo owner is inv they are not participatin Letters must be ori inal and nota ~ ," ~- . PClje IA (){/o L ," ".1'" ,- UK ~ 8 b r!"it 0 0 9 4 Prepared by and return to: Kurt Stephen Hilberth Attorneyat Law Hunter & Hunter, P.A, , 1930 Tyler Street Hollywood, FL 33020 954-925-8080 File Number: 32049 Will Call No.: ]63 ~ocu me!l b.a i $13 rn p S PJ id j n me a IrK..1. n ( 01 ~ -------_t~!J ~ . CO ~;ss C ;nt.eflGiblt:~~id in the afl'lOunt Sharon Robe;t;)(1 f"' "1101 of Circuit COllrt Ok~l~ C: 'nty, Fl . a By:~~~ Date: ----_J () " ~ -~OO..l.. , D.C. [Space Above This Line For Recording Data] Personal Representative's Deed d -.. M This Personal Representative's Deed made this 2.s day of:S~ ~Mj,~<..., 2002 between Hugh Gilbert Culbreth, Jr. as Personal Representative(s) of the Estate of Frieda E. Hamrick, deceased whose post office address is 1700 S. W. ] 6TH Street, Okeechobee, FL 34973, grantor. and George Goodbread, individually whose post office address is 12575 Highway 70 East, Okeechobee, FL 34972, 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 sllccessors and assigns of corporations. trusts and trustees) \Vitnesseth, that said grantor, for and in consideration of the sum TEN AND NOli 00 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: Beginning at the intersection of the North boundary of 6th Street and the East boundary of Parrott Avenue, accoriding to the plat of FIRST ADDITION TO OKEECHOBEE, according to the plat thereof recorded in Plat Book 2, Page 26, public records of St. Lucie County, FLorida, and run East along the North boundary of 6th Street a distance of ]42.5 feet for a point of beginning, thence run North a distance of 95 feet, then run West a distance of ]42.5 feet to the East boundary of Parrott Avenue, then run North along the East boundary of Parrott Avenue a distance of 110 feet, then run East and parallel to the North boundary of 6th Street a distance of 300 feet to the West boundary of Tallahassee Street, then run south along the West boundary of Tallahassee Street a distance of 205 feet to the Southeast Corner of Block 206, FIRST ADDITION TO OKEECHOBEE, then run West a di~tance of ] 57.5 feet. more or less, to the point of beginning. Said land lying in and comprising a part of Government Lot ]in Section 2], Township 37 South, Range 35 East. .{'\ "\) < Parcel Identification Number: 3-15-37-35-00]0-0]720-0030 & 0040 . ~v'\ Grantor warrants that at the time of this conveyance, the subject property was not the Decedent's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Decedent's residence and homestead address is: 3]5 SE 3rd Avenue, Okeechobee, FL 34974. 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. DoubleTim~ . . PClje 18 q\O L ~ ,- f:<i'iO C. 9- iih ~ 0 b j j,::[ ;J j And the grantor hereby covenants with said grantee that the grantor has good right and lawful authority to sell and convey said land; that the grantor warrants the title to said land for any acts of Grantor and will defend the title against the lawful claims of ill persons claiming by, through, or under Grantor. 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: /I~-4~ J.j. A )/~/V 40)~ ~S Witness ~~@ Lee~ Hugh Gilbert Culbreth, Jr. Personal Representative ~ State of Florida County of Okeechobee The foregoing instrument was acknowledged before me this c::?S,.{t.. day of s"ffl fpt-h h f.'r, 2002 by Hugh Gilbert Culbreth. Jr., Personal Representative of the estate of Frieda E. Hamrick, deceased, who [~is personally known to me or [_] has produced a driver's license as identification. [Notary Seal] ~dd /};. /JZ~~ No ry Public, State of Florida . Printed Name: 1 ~(/, ,II, /11. /1fti /; If Lt / s./s,-J dCtJ'~ , , ~'$.~.\:~it:. Judith M. Mobley b"''.h.''~'d MY COMMISSION II CC896800 EXPIRES ".,,;:~.~! May 5, 2003 "~.ii::,r..'t-.. BONDED THRU TROY fAIN INSURANCf. INC My Commission Expires: r 1 L E [) f. Ct :r'~' 1'~ L. C Q :' ...' . C ~:. F f~ c: r i (~ .- 1 r'.~ l' " 31840c; 2002 or"'" -I, P;', ~: ~ " SH/\Rot-.J ~:O[:;~ CLERK OF Cli;;CL;: .,.1 '~.J I ,~au 1<" Personal Rf!preSf!l1Ialive's Deed - Page 2 DoubleTim~ Pa:Je ~ ~:?J Page 2 Florida Power & Light 863-467-3721 or Donna Padgett 863-467-3708 f,JL \"Ct \\Cl ('I\J (C 4.0.-1(1 1-\ II.I C' l(' '0." l fJG.' ,'\C\ ~)c<(~".L ~ - S~'l 1..)1 C'J Typed Name & Title \.j ~ I -,?n cJ 'r; Phone No, q I) - ok:, Date Sprint-Florida, Inc, John Hopkins 407 -889-1627 or (fax) 407-889-1 ~ (} J-Ia~ {l1d J! t~ f-f~lc Authorized Signature Typed Name & Title Phone No, Date Adelphia Cable 107 N,W. 7th Ave Okeechobee,FL 863-763-2187 .... /'~~.~' //{ Authorized Signature G f.ll"Vts1- }/,,> jlJo ~ r-t ,vi.. {,.J/fL (<':'t<" j{KIV,Vt:.fL G 1{~/(6{ Typed Name & Title A,.."f' /11t:../f--J 7f. "). 5T( , Phone No, 9-1-,;' Date ~ f> Okeechobee Utility Authority 100 S.W. 5th Avenue Okeechobee, FL 349 863-763-9460 J;j '" ;:: 1r ~f E; <'<..Ave j), "j,r Xl fJ4'. Typed Name Title Phone No, J)l.~ Date of Okeechobee & First Addition to Cit of Okeechobee Subdivisions: AJiA- Autho~ized Signature Typed Name & Title Phone No, Date pCl j e ~A Voice I Data I Internet I Wireless I Entertainment EMBARQN Embarq Corporation Mai1stop: FLAPKA0305 P.O. Box 165000 A1tarnonte Spgs, FL32716-5000 EMBARQ.com September 7, 2006 Mr. Bradley G. Goodbread Goodbread Ranches 12575 Highway 70 East Okeechobee, FL 34972 Dear Mr. Goodbread: I am in possession of your letter of September 1, 2006. Embarq Florida Inc., has no objection to closing the alley in Okeechobee, Florida, which is described as: The North/South alley bisecting Lots 4 and 5, Block 172, City of Okeechobee. Please call me should further discussion be needed. rs truly, /L- ohn Hopkins Real Estate Manager 407-889-1627 John Hopkins Voice: (407) 889-1627 Wireless: (407) 694-8340 Fax: (407) 889-1636 ~je cXb OKEECHOBEE UTILITY AUTHORITY 100 S.W. 5th Avenue Okeechobee, Florida 34974-4221 (863) 763-9460 FAX: (863) 763-9036 September 11, 2006 Bradley G. Goodbread 12575 HWY 70E Okeechobee, FL 34972 Re: Application for Abandonment of Alley, (North-South Alleyway, Bordering Lots 4 & 5, Block 172, City of Okeechobee) Dear Mr. Goodbread: The Okeechobee Utility Authority (OUA) has reviewed your request to abandon the alleyway as referenced above. OUA has no utilities within the described areas and, therefore, has no objection to the Application for Abandonment. However, as discussed, the OUA does have an existing water main bisecting (east & west) this block. Please let me know should you need any additional information. Sincerely, ~~a~GZ U:cutIve ~ Okeechobee Utility Authority J~Oje 3 Page 3 II APPLICATION NO, II ~2J INSTRUCTIONS:, After, Pages 1 and 2 are completed by applicant. Return entire application to the City Clerk's(Office, The, $25,00 application fee is then paid, THE CLERK'S OFFICE WILL HAVE THE FOLLOWING DEPARTMENT SIGN OFF BELOW: PUBLIC WORKS DEPARTMENT $P,o a:H-O..cflfcf j'Y)P,nt :J ~ '--" Date ~~h Oscar ermudez, Engineer /o~e/Qc Date ~/~ -, .,' ~/l; 1.- Donnie Robertson, Public Works POLICE DEPARTMENT <'<<viS, Chief of Police /c7//q/t?t5' Date FIRE DEPARTMENT ~) ~"..</ /~~ ffer Smith, Fire Chief /pcJeTO~ Date ADMINISTRATION . / ~ " /~'.. .' J'.-{# ~'^~;;"-i v' I' .,,/: , \ . 6 . Bri,an Whitehall, Administrator ! / ./ (' ,...7 /.0 .:' /' / 'f .' 'V" Date ," / " APPLICATION/APPROVED BY: 7 ();;l~c\t;l R. EA, CMC, CITY CLERK /t7Jq Ia~, DAtE f POje 3A Memorandum To: From: Lane Gamiotea, City Clerk Oscar Bermudez, Engineer .~. rl. ~~(~ Date: October 24,2006 Re: Alley - Closing application from Bradley G. Goodbread. (North/South Alley between Lots 4 & 5 City of Okeechobee) The Engineering Department has visited the site and found that future drainage problems may be generated near the requested abandon su bject City of Okeechobee Alley. We are aware of the critical drainage problems on City of Okeechobee City, and for that reason the Engineering Office will recommend not approving the request for the Alley Closing until future Master Drainage Plans for the City of Okeechobee is presented. It is the Engineering Department's opinion that the City of Okeechobee shall be very cautious before abandoning any Alleys. INSTRUCTIONS FOR STREET OR ALLEY CLOSING ApPLICATION STEP 1 Applicant(s) complete page one entirely. (Note: if your property is located in the CITY OF OKEECHOBEE OR FIRST ADDITION OF OKEECHOBEE SUBDIVISIONS there may be a Fee Simple Interest from the Hamrick Trust. For more information contact GiI Culbreth, Co- Trustee, Hamrick Estate, 3550 US Highway 441 South, Okeechobee, FL 34974 or (863) 763-3154). STEP 2 Applicant(s) obtain a copy of every property owner's deed involved in the subject block and attach a COpy of the deed(s) to back of paae one of the application. If there is more than one property and they are not listed as an applicant, attach an original notarized letter with: date, their name(s), what property they own and that they either object or do not object to the alley/street closing (a sample letter is attached). STEP 3 Applicant(s) obtain a copy of the Recorded Plat from the County Clerk's Office (Court House) of the Subdivision the street/alley is in and enclose a COpy with the application. STEP 4 Applicant(s) take application to appropriate utility companies as instructed on paae two. Obtain comments and signatures on the application of each utility company. If necessary, you may obtain faxed signatures, however, the originals must be received by the time the application goes to the City Council. STEP 5 Applicant(s) return application to the City's Clerk's Office with a $25.00 application fee (per Resolution No. 86-3). STEP 6 City Clerk's Office will process page three of application and will submit it to the City Council for discussion. You will be notified of the date and time of this meeting to attend. STEP 7 If Council decides to proceed, the City Attorney is then instructed to draft an ordinance for the next Council meeting. (You will be notified of the date and time of this meeting). STEP 8 Proposed ordinance is placed on agenda for first reading (you will be notified of date and time of this meeting to attend). Council sets ordinance for public hearing or denies ordinance. If Council set public hearing date, applicant(s) then pay $170.00 fee (per Resolution No. 86-3). STEP 9 If Council sets ordinance for public hearing, City Clerk's Office notifies surrounding property owners within 600 feet of street/alley to be closed, with certified letters and publishes the ordinance in the newspaper (per Resolution No. 87-3). STEP 10 Public Hearing is held. Council decides to approve or deny ordinance. (You will be notified of the date and time of this meeting to attend.) STEP 11 If ordinance is approved, City Clerk's Office has the ordinance recorded in County Clerk's Office. A copy is also sent to Applicant(s), Property Appraiser and Tax Collector. STEP 12 The street/alley will be divided equally among adjoining property owners and added to the tax roll according to the new ownership by the Property Appraiser's Office. ~ ALLEY AND/OR STREET CLOSING CONSENT LETTER TO: City of Okeechobee I/We, (property owner(s)) own the following property: (Legal Description) (Legal Description) and do hereby consent (agree) to the closing of the alley and/or street described below: (Description of Subject Street/Alley) (Description of Subject Street/Alley) Signature of Property Owner Signature of Property Owner Printed Name Printed Name STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me this day of ,20 by (Seal) Notary Signature Printed Name Personally known OR Produced Identification Type of Identification Produced . 9 C' .4 2- ;1 194 w ::> z UJ ~ J: I- ... ~ <ri S,W, 2 ND STREET SV';, 3 RD STREET S.W, 4 TH STREET w ~ w ~ o :z '" ?i vi S,W, 5 TH STREET S,W 6 TH STREET I I w ::> z I..J '> <( ;:; I- w d ... ... >- ~ J: :.;. i' <.f) :j ::!to-~ B e;. 4 '1 -:: :3 2 1 22j 1 10 ~ e ~ ~ F ;. ~{;. ,1 "1'1 STREET e "-' '.!