2003-06 Property CondemnationRESOLUTION NO. 03 -6
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA
AUTHORIZING THE FILING OF A PETITION IN CONDEMNATION;
APPROVING A DECLARATION OF TAKING; APPROVING GOOD FAITH
ESTIMATE OF VALUE FOR THE APPROPRIATION; APPROVING LEGAL
DESCRIPTION OF PARCEL TO BE APPROPRIATED; AUTHORIZING
EXECUTION THEREOF BY CITY ATTORNEY FOR CITY OF
OKEECHOBEE, FLORIDA; PROVIDING AN EFFECTIVE DATE.
WHEREAS pursuant to the provisions of Florida Statutes chapters 73 and 74, as
amended, the City of Okeechobee, Florida has the authority to locate and designate
certain transportation facilities and improvements as a part of the municipal street
and right of way system, and to construct and maintain with sums which are now,
or which may become available to the City; and
WHEREAS pursuant to Florida statutes section 73.021 the City of Okeechobee, Florida
has the authority to have its chief administrative officer, the Mayor, to execute
eminent domain resolutions, and to delegate authority to pursue same in the name
of the city attorney; and
WHEREAS the property to be acquired is located within the municipal boundaries of the
City of Okeechobee, Florida; and
WHEREAS the chief administrative officer of the City of Okeechobee, Florida is the mayor,
Jim Kirk; and
WHEREAS the City has caused an appraisal of the property to be acquired to be
prepared, which appraisal sets forth a good faith estimate of the value of the parcel,
which appraisal is attached hereto and by reference made a part hereof; and
WHEREAS it is the finding of the City of Okeechobee, Florida that the appropriation of the
property and property rights as described in the legal description of same, copies
of which descriptions are attached hereto and by reference made a part hereof, is
necessary, to the extent of the estate or interests set forth in the respective parcel
descriptions, for the performance of the duties of the City, and for the construction,
reconstruction and maintenance of said municipal transportation facility.
WHEREAS the city attorney has caused to be prepared a declaration of taking of said
parcel to file with the petition for condemnation, which declaration is attached
hereto and made a part hereof; and
NOW, THEREFORE BE IT RESOLVED by the City of Okeechobee, Florida, that said
property descriptions are ratified and confirmed; that the estimated good faith value
of the parcels to be acquired is ratified and confirmed; and that the city attorney is
authorized to file with the petition the declaration of taking, and to proceed under
the additional remedies of chapter 74, Florida Statutes; and
BE IT FURTHER resolved by the City of Okeechobee, Florida that the acquisition of the
parcels and property rights thereto as described in said parcel description is
necessary for the performance of its rights and duties under Florida law for the
construction, reconstruction and maintenance of said transportation facility for the
use of the general public, and that the City is hereby authorized to acquire same by
gift, purchase or condemnation as provided by law.
Page 1 of 2
THAT THIS resolution shall become effective immediately upon its adoption by the City
Council for the City of Okeechobee, Florida and appropriate execution thereof.
INTRODUCED AND ADOPTED this 17 day of June, 2003.
ATTEST:
Lane Gamiotaa, City Clerk
REVIEWED FOR LEGA SUFFICIENCY:
Pair
John R. Cook, City Attorney
Page 2 of 2
DESCRIPTION:
A PORTION OF THAT LAND DESCRIBED IN OFFICIAL RECORDS 0001< 305, PAGE 962,
PUBLIC RECORDS OF OKEECIIOBEE COUNTY, FLORIDA LYING IN SECTION 15, TOWNSHIP
37 SOUTH, RANGE 35 EAST, OKEECI IOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OF LOT 1, BLOCK 51, OKEECI IOBEE, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT B001< 5, PAGE 5 OF THE PUBLIC RECORDS OF
OKEECIIOBEE COUNTY, FLORIDA, SAID POINT ALSO BEING ON TIIE SOUTH RIGHT OF WAY
LINE OF NORTHEAST 9TH STREET;
THENCE NORTH 00°00'04" WEST, A DISTANCE OF 70. 00 FEET TO THE SOUTHEAST
CORNER OF LOT 6, BLOCK 34, OF SAID PLAT OF 01<EEC110BEE, SAID POINT ALSO BEING
ON THE NORTH [11 GRIT OF WAY L I N E OF ?,A10 NORTHEAST 9T11 STREET;
THENCE NORTH 89°51'56" EAST ALONG THE EASTERLY EXTENSION OF SAID NORTH RIGHT
OF WAY LINE, A DISTANCE OF 203.0 FEET, MORE 011 1.195, TO 111E APPROXIMATE
WESTERN SHORELINE OF FRC ONUSI INI IATCI ILE RIVER (TAYL 011 CHEEK);
THENCE SOUTHERLY, MEANDERING SAID APPROXIMATE WES IEI1N SHORELINE, A DISTANCE
OF 71 FEET, MORE OR LESS, TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH
R I G H T OF WAY L I N E OF S A I D NORTHEAST 0 1 H S1111T;
THENCE SOUTH 09 WEST ALONG S A I D EASTERLY EXTENSION, A DISTANCE OF
200.3 FEET, MORE OR LESS, TO TIIE POINT OF BEGINNING.
S A I D LANDS SITUATE IN TIIE CITY OF OI<EECHOBEE, 0I<EECIIOBEE COUNTY, FLORIDA
CONTAINING 14,208 SQUARE FEET, MOI1E OR LESS.
SKETCH OF DESCRIPTION
T H I S I S NOT A SURVEY
PORTION OF
SECTION 15 -37 -35
01 <EECHOBEE
PLAT B001< 5, PAGE 5
OI <EECHOBEE COUNTY, FLORIDA
CRAIG A. SM I TH ASSOCIATES
CONSULTING ENGINEERS
242 ROYAL PALM BEACH (BLVD.
ROYAL PALM BEACH, FLORIDA 33411
(561) 791 -9200
CERTIFICATE N0: LD3110
RESOLUTION NO. 03 -6
APPENDIX A SURVEYS AND LEGAL DESCRIPTIONS
SURVEYOR'S NOTES
L IIEPRODUCT I0NS OF 1111S SKETCH Anil NOT VALID 01 T1100T
THE S I G N A I U R E AND THE ORIGINAL RAISED SEAL OF A [1001 DA
LICENSED SURVEYOR AND MAPPER.
2. T H I S PARCEL IIAS NOT BEEN ABSTRACTED F011 RIGHTS
EASEMENTS, 011 OTHER RECORDED OR UNRECORDED INSTRUMENTS.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO TIIE SOUTH RIGHT
OF WAY LINE OF NORTHEAST 9T11 STREET.
(ASSUMED TO DEAR NORTH 09'51'56" EAST)
LEGEND
0. C. P. 11. (IKEECIIOBEE COUNTY PUBLIC RECORDS
P. D. PLAT [1001<
PG. PAGE
P.
0.0. POINT OF BEGINNING
P. 0. C. POINT OF COMMENCEMENT
SO. FT. SDUANE FEET
Parcel. C
SKETCH DESCRIPTION AUK 01/17/03 N/A
REVISION OWN DATE FB /PG
RDK
CKD
NE 9TH AVENUE
EXTENSION
ADDITIONAL RIGHT OF WAY
DREPARED FOR: CITY OF OKEECI.IOBEE
CAD L I O1lAIlY: 0986A TAY SHEET 1 OF 2
Res. No. 03-6 Appendix A Page 1 of 4
CD
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LOCATION MAP OKEECIHOBEE
(NOT TO SCALE)
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1
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0
SITE
NE CORNER LOT i
BLOCK 51
(POB)
SKETCH OF DESCRIPTION
THIS IS NOT A SURVEY
OOERT O. KEEIIER
PROFESSIONAL SUIIVEYOR AND MAPPER
FLORIDA REGISTRATION NO. 4840
SURVEYOR'S CERTIFICATE:
I HEREBY CERTIFY TIIAT THIS SKETCH AND DESCRIPTION IS ACCURATE
10 TIIE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS APPLICABLE
SECTIONS OF THE MINIMUM TECHNICAL STANDARDS AS SET FORTH
BY TIIE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS
IN CHAPTER 61017 -6, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO SECTION 472. 027. FLORIDA STATUTES. SUBJECT TO TIIE
QUALIFICATIONS NOTED IIEREDN.
FOR THE FIRM. BY: I 17 03
CPA I G A. SMITH ASSOCIATES
CONSULTING ENGINEERS
242 ROYAL PALM BEACH BLVD.
ROYAL PALM BEACH, FLORIDA 33411
(561) -791 -9280
CERTIFICATE N0: LB3110
NOW 00 04" W
70.10'
7
ONOSNOI IA TCI IEE RIVER
Res. No. 03-6 Appendix A Page 2 of 4
I
NE. 5111 AVE. o
(TAYLOR CREEK)
CAD L I MARY: 09f36ATAY
137
M
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7C M
m r
Pm 1— o
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Ul Z
w U 1 (y
P 1-11 A
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SE CORNER LOT G
BLOCK 34
I\PPROXIMNIE I NL STERN
SKETCH 6 DESCRIPTION RUK 01/17/03 N/A
REVISION DWN DATE FD /PG
NE 9TH AVENUE
EXTENSION
ADDITIONAL RIGHT OF WAY
PREPARED FOR: C I TY OF OKEECI -IOBEE
O)
1 SHEET 2 OF 2
rU
r
1
m
111)K
CKD
ui
ur LE�xurii
S KETCH
PREPARED FOR: CITY OF OKEECHOBEE
DESCRIPTION SKETCH OF DESCRIPTION
DATE
BY
CK
EXHIBIT 'A' Page 2
06/04/03
JS
JAW
DISK: TWPS
SCALE: 1 -50'
�1LE: 17328
J08 NO: 17328
SKETCH OF EASEMENT GRAPHIC SCALE
EXHIBIT "A" 400 0 200 400
PAGE 2 OF 2
LOT 6
BLOCK 51
U
CD
O
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W
m
tn
m
N
w r
C4
r
NORTH UNE
BLOCK 51
0
N
N
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Ct
0
POINT OF BEGINNING
NE CORNER 8L0CK 51
98.33'(C)
PARCEL "A"
21,3831 SQ. FT.
31.09'(C)
SW CORNER 'PARCEL 2" IJ
86.72'
NORTH R/W UNE OF SEABOARD AIR UNE
RAILROAD (PER PLAT BOOK 3 PAGE 36)
N 89 °56' 3" E 200.30'(CAS)
101.97'±(c)
NEST UNE PARCEL 3
PLAT BOOK 3, PAGE 36
PARCEL "B"
22,337± SQ. FT.
1
1
90.00't(C)
S 89 °57`13" W 176.72'(C)
S. A. L. R.
IN FEET
1 inch 50 ft.
APPROXIMATE SHOREUNE
S 00 °02'47" E (C)
73.00'±(C)
APPROXIMATE WEST Q
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)
SOUTH UNE PARCEL "3"
Res. No. 03-6 Appendix A Page 3 of 4
TRADEWINDS
Y SP an Jot.
Certificate of Authorisation Na. L8 8719
113 NW 11TH AVENUE
Okeechobee, FL 34972
Tel: (941) 763 -2887
.tifill.:11. Utr DESCI VTIUN
PREPARED FOR: CITY OF OKEECHOBEE
DESCRIPTION SKETCH OF DESCRIPTION
DATE
BY
CK
EXHIBIT 'A' Page 1
06/04/03
JS
JAW
DISK: MPS
SCALE N/A
FB/PG: N/A
FILE: 17328— SKETCH LAYOUT
JOB NO: 17328
J
EASEMENT DESCRIP110N
EXHIBIT "A"
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, OKEECHOBEE 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 OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 200.3 FEET, MORE OR LESS TO THE
„.'PROXIMATE WESTERN SHORELINE OF TAYLOR CREEK (AS CALL„ FOR IN THE AFORESAID ORB 385, PAGE
962); THENCE SOUTHERLY, MEANDERING ALONG SAID WESTERL`!. SHORELINE, A DISTANCE OF 232.33 FEET,
MORE OR LESS TO THE INTERSECTION WITH THE NORTH RIGHT —OF —WAY LINE OF THE SEABOARD AIR UNE
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 UNE 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 UNE 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 DESCRIPTION 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
Res. No. 03-6 Appendix A Page 4 of 4
TRADEWINDS 6
J J-Lc4cv, J mc.
Certificate of Authorisation No. LB 6719
113 NW 11TH AVENUE
Okeechobee, FL 34972
Tel: (941) 763 -2887
J