1998-15 Abandon EasementJR
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RESOLUTION NO. 98-15
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, TO
ABANDON AN EASEMENT LOCATED WITHIN THE CITY BLOCK 155
THEREOF; TO SET CONDITIONS PREDECENT TO THE
ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Okeechobee Florida received by grant of utility easement dated
November 10, 1964 and recorded in Official Records Book 85, page 195 of the
Okeechobee County Public Records, a perpetual easement for the maintenance of
utility service across, through or under cetain real property owned by Okeechobee
Motor Company, described as:
That certain alleyway running North and South between Lots 1, 2, & 3 on the
East, and Lot 4 on the West, all in Block 155, Okeechobee, acording to the
plat thereof recorded in Plat Book 2, Page 17, Public Records of St. Lucie
County, Florida; and
WHEREAS the grantor, Okeechobee Motor Company intends to sell the property upon
which the easement is located, and the City of Okeechobee factually determines that
abandonment of the easement to permit ecenomic development will serve a public
purpose, and is a valid exercise of municipal authority; and
WHEREAS the City recognizes that existing utility service lines over or under said
easement must be relocated to the satisfaction of the service provider, and that the
effective date of this resolution must as a condition precedent include verification
that the existing utility service within this easement is agreed to be relocated;
THEREFORE BE IT RESOLVED AND APPROVED by the City of Okeechobee, Florida,
that the easement granted to the City of Okeechobee dated November 10, 1964 as
above described be abandoned, vacated and forever renounced, to be used freely by
the current or subsequent landowners thereto as provided by applicable law and iucai
codes.
THAT the effective date of this resolution shall be deferred until the City receives in
hand a written agreement between the landowner and utility provider to satisfactorily
relocate the existing utility service, which shall be reflected at that time by the
signature of the Mayor affixed hereto.
HEARD and resolved this iw" day of November
a ATTEST:
BONNIE THOMAS, CMC, City Clerk
Approved as to legal suffic'ency
JOHN R. COOK, City Attorney
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AMES E. KIRK, Mayor
Or
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