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2022-03-15 Ex 05Lhibtr 6 3/15/2022 ORDINANCE NO. 1232 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 121, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (PETITION NO. 21-002-AC); RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee General Services Department received Abandonment of Right -of -Way Petition No. 21-002-AC submitted by the property owner Shaun and Desiree Penrod, for the closing of a certain rights -of -way as described in this Ordinance; and WHEREAS, the City of Okeechobee Technical Review Committee reviewed and discussed Petition No. 21-002-AC at a duly advertised public meeting held on May 20, 2021; and WHEREAS, Petition No. 21-001-AC was reviewed and discussed by the City of Okeechobee Planning Board at a duly advertised Public Hearing held on July 15, 2021, and determined such Petition to be consistent with the Comprehensive Plan; and WHEREAS, the City Council reviewed Petition No. 21-001-AC and finds it to be consistent with the Comprehensive Plan, is not the sole access to any property, is in the best interest of the citizens, provides a benefit to the City of Okeechobee; and WHEREAS, this Ordinance addresses the request to reserve a perpetual, non-exclusive utility easement on a portion of the abandoned alleyway and the special condition request regarding relocation and/or repairs by the property owner; and WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise of the municipal authority of the City of Okeechobee as a discretionary function. NOW, THEREFORE, it is ordained before 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 1: The unimproved, dedicated right-of-way described hereafter and as shown on Exhibit A, is hereby closed, vacated, and abandoned by the City of Okeechobee, Florida to -wit: THAT PORTION OF THE EAST TO WEST ALLEYWAY, 15-FEET IN WIDTH, LYING BETWEEN LOTS 1 THROUGH 6 AND LOTS 7 THROUGH 12 OF BLOCK 121, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, AS RECORDED IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. Ordinance No. 1232, Page 1 of 3 SECTION 2: The City of Okeechobee, Florida acknowledges and addresses the special conditions requested by the utility companies and included within Petition No. 21-002-AC: Reserving unto itself, its successors and assigns, a perpetual, non- exclusive a utility easement for the West 10-feet of the subject alleyway adjacent to Northeast 2"d Avenue, as requested by Florida, Power, and Light Company. The applicant agrees to CenturyLink's request to bear all costs of relocation and repair of any of their facilities and equipment that are found and/or damaged in the abandoned alleyway. SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in the public records of Okeechobee County, Florida. SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall be set for Final Public Hearing the 151h day of March 2022, and shall take effect upon its adoption by the City Council and recorded in the public records of the Clerk of Circuit Court, Okeechobee County, Florida. INTRODUCED for First Reading and set for Final Public Hearing on this 311 day of August 2021. Dowling Watford, Mayor ATTEST: Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after being postponed on January 15, 2022, to hold the Second Reading and Final Public Hearing on this 1511 day of March 2022. ATTEST: Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John J. Fumero, City Attorney Dowling Watford, Mayor Ordinance No. 1232, Page 2 of 3 W NORTH PARROTT AVENUEMS HWY 441 o Co -w 0) cn 4 0 co -4 qi Cn 46 c,. I --, , to L am cu 0 -� a = o �i `goo _ co .r W r. a _ O`G CD_ * x r: m O C: s - m a N.E. 2 ND AVE m ��o c 3 8 CD rn E70 --- to m w (n m = �r.� in Cn (D -0,, c) w - � CD N o 0 m m �1 O.,D O N.E. 3 RD AVE �1 C (=( CD W a ?i V 7: i) 0 0 cD Lr -- o to D. 0 n F. cn�z -o s IU C s r3 �D� _ o_`.� O O 7 N N m n- O r3 .-. 0, W N s D ;o Ca G. N.E. 4 TH AVE CD CD T c: C s aCD VI. PUBLIC HEARING CONTINUED B. Motion and second by Council Members Keefe and Clark to read by title only, proposed Ordinance No. 1232, closing the alleyway in Block 121, CITY OF OKEECHOBEE, Abandonment of Right -of -Way Petition No. 21-002-AC [as presented in Exhibit 2]. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No.1232 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 121, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA PETITION NO. 21-002-AC; RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." City staff advised that due to a recent submittal for a Future Land Use Map Amendment and Zoning Petition, the final adoption for this proposed ordinance needs to be postponed. Motion and second by Council Members Jarriel and Clark to postpone the adoption of proposed Ordinance No. 1232 to March 15, 2022. Motion Carried Unanimously. C. Motion and second by Council Members Clark and Jarriel to read by title only, proposed Ordinance No. 1247, amending the Code of Ordinances Chapter 30, Nuisances, to provide Code Enforcement procedures regarding demolition of blighted and dangerous structures [as presented in Exhibit 3]. Motion Carried Unanimously. Attorney Fumero read proposed Ordinance No.1247 as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE DEMOLITION OF BLIGHTED STRUCTURES; AMENDING THE CITY CODE OF ORDINANCES AT CHAPTER 30, ARTICLE II "NUISANCE" BY SPECIFICALLY AMENDING SECTION 30-31 "DEFINITIONS"; SPECIFICALLY AMENDING SECTION 30-43 "PUBLIC NUISANCES"; SPECIFICALLY AMENDING SECTION 30-74 "RESERVED"; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES." Motion and second by Council Members Clark and Keefe to adopt proposed Ordinance No. 1247. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:19 P.M. VII. NEW BUISNESS A. Mr. John Creasman, Okeechobee Utility Authority (OUA) Board Chairperson, presented a recap of the October 2021 update, which featured their three major Southwest Service Area (SWSA) projects and the Southwest (SW) 5th Avenue Septic to Sewer Project. SWSA Project 1 consists of a Master Pump Station, Master Force Main, and SE-2 Diversion Force Main. The expected total cost of $6,186,939.00 is fully funded by the Florida Department of Environmental Protection (FDEP) Appropriations. SWSA Project 2 includes two master vacuum stations and a collection system and could provide approximately 700 new connections. The expected total costs, including engineering and construction is $10,830,783.00 with $612,756.00 for the Oak Lake Estates portion. This project is partially funded by FDEP Appropriations with the remainder to be funded from a United States Department of Agriculture loan. Construction is to begin tentatively by December 2022. SWSA Project 3 consists of the Okee-Tantie Force Main, and the State Road 78 service corridor to the Master Pump Station to provide approximately 600 new connections. The expected cost is $8,575,000.00 and is fully funded by the FDEP Appropriations. Construction is scheduled for April 2023 with completion by Summer 2024. When completed, these projects are expected to remove annually, 12.4 tons of nitrogen and 3 tons of phosphorus from being discharged into the waterways. The SW 5th Avenue Septic to Sewer Project, has not been finalized, design is to begin by Spring of 2022 with bidding in late Fall and construction by December. Completion is expected by late Summer 2023. A new project he reviewed is the Treasure Island Septic to Sewer Project. Design is expected to be completed in Summer of 2023, with bidding in the Fall and construction to begin by December. Completion is expected in late Spring 2025. The funding for this project has not been identified. Mr. Creasman assured the Council that all types of design systems will be considered. The selected design will be based on the one that provides the best life expectancy and maintenance during power -outages. The next project to begin will be Pine Ridge Park. The 12-slide power point presentation has been incorporated in the official minute file. DRAFT 1-18-2022, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3 161 VI. PUBLIC HEARING CONTINUED A. CONTINUED: Summary of Impact Statement Findings: the required employer contribution amount for firefighters for Fiscal Year ending September 20, 2022, decreased by $22,686.00; the Unfunded Actuarial Accrued Liability for Firefighters increased by $268,575.00; the Funded Ratio of the System decreased from 122.7 to 114.8 percent]. Nlotion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:11 P.M. VII. NEW BUSINESS A. Motion by Council Member Clark, seconded by Council Member Chandler to read by title only, proposed Ordinance No. 1231, Right -of -Way Abandonment Petition No. 21-001-AC submitted by JKST Holdings, LLC, to close the East to West alley in Block 110, CITY OF OKEECHOBEE, Plat Book 5, Page 5 Okeechobee County public records [as presented in Exhibit 2]. Motion Carried Unanimously. City Attorney Fumero read proposed Ordinance No. 1231 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 110, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (PETITION NO. 21-001-AC); RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to approve the first reading of proposed Ordinance No. 1231 and set September 7, 2021, as a final public hearing date; seconded by Council Member Clark. City Planning Consultant Ben Smith provided the Staff Report combined with the recommendation to approve the request from both the Technical Review Committee and the Planning Board. However, this Petition and the one addressed in Item B, Ordinance No. 1232 were already in progress when the City Council denied adopting Ordinance No.'s 1225, 1226, 1227, and 1228 which would have reclassified the property within Blocks 110 and 121 as Multi -Family Residential on the Future Land Use Map and rezoned them to Residential Multiple Family. The objective was to vacate the alleyways once the land use and zoning was completed, to provide a better design rather than splitting the two blocks in half. Mr. Steve Dobbs addressed the Council on behalf of the applicant, requesting the final public hearing be continued until after the Council considers Item F on tonight's agenda. Motion by Council Member Keefe, seconded by Council Clark to lay New Business Items A and B on the table until Item F is considered. Motion Carried Unanimously. F. The Council agreed to consider Item F at this time, which was to discuss the process for the property owners of Block 110 [located in the 200 block along Northeast 41h Street] and Block 121 [located in the 200 block along Northeast 3'd Street] to resubmit a Comprehensive Plan Small Scale Future Land Use Map Amendment Application and Rezoning Petition, Mr. Steve Dobbs and Mr. Phil Berger presented their case on behalf of the new property owner, Mr. Frank Stephens for the City to administratively correct the Future Land Use and/or the Zoning maps for these two blocks to be consistent as required to develop them. Mr. Stephens also addressed the Council explaining his intentions to develop these blocks, which are located one block East of North Parrott Avenue. nl IGI ICT 2 9n94 !`ITV f'nl IKl(YI llmnn lTCc once � nc r 162 VII. NEW BUSINESS CONTINUED. F. CONTINUED: His original development was for apartments, but since that was rejected he is requesting the Lots be rezoned to Heavy Commercial (CHV) [from Light Commercial on Block 110 and from Residential Single Family -One on Block 121, the Future Land Use is already Commercial]. Planner Smith and Attorney Fumero advised that the City Council cannot administratively redesignate the Future Land Use nor Rezone property due to Florida Statutes requiring a specific process based on who is requesting the change. However, there could be a City initiated rezoning with the City assuming all costs, meaning the fee to process the petition would not be paid by the applicant. Motion by Council Member Keefe, seconded by Council Member Chandler to task Staff with the initiation of a rezoning to CI -IV for Blocks 110 and 121, CITY OF OKEECHOBEE, as recorded in Plat Book 5, Page 5, Okeechobee County public records. Motion Carried Unanimously. A. The Council then went back to readdress item A. Motion and second by Council Members Keefe and Clark to remove New Business Items A and B from the table. Motion Carried Unanimously. Based on the action taken on Item F, the public hearing for proposed Ordinance No. 1231 cannot be set for September 7, 2021, and will need to be held after the final adoption of the City initiated rezoning petition. Council Member Keefe moved to amend the motion on floor, approving the first reading of proposed Ordinance No. 1231 and set September 7, 2021, as a final public hearing date to postpone the final public hearing date to be held after the rezoning final public hearing date for Blocks 110 and 121; seconded by Council Member Clark. Motion To Amend Carried Unanimously. There being no further discussion, Motion As Amended Carried Unanimously. B. Motion by Council Member Chandler, seconded by Council Member Keefe to read by title only, proposed Ordinance No. 1232, Right -of -Way Abandonment Petition No. 21-002-AC submitted by Shaun and Desiree Penrod, to close the East to West alley in Block 121, CITY OF OKEECHOBEE, Plat Book 5, Page 5 Okeechobee County public records [as presented in Exhibit 3]. Motion Carried Unanimously. City Attorney Fumero read proposed Ordinance No. 1232 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING AND ABANDONING CERTAIN RIGHTS -OF -WAY BEING AN UNIMPROVED PORTION OF AN ALLEYWAY LYING WITHIN BLOCK 121, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA (PETITION NO. 21-002-AC); RESERVING UNTO THE CITY, ITS SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC UTILITIES PURPOSES; DIRECTING THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE." Council Member Keefe moved to approve the first reading of proposed Ordinance No. 1232 and set the final public hearing date to be after the rezoning final public hearing date for Blocks 110 and 121; seconded by Council Member Chandler. Motion Carried Unanimously. C. Council Member Chandler moved to approve a proposal [No. P 41421 with Craig A. Smith and Associates to provide professional engineering services [in the amount of $14,300.001 for a modification to the South Florida Water Management District Permit for the City Commerce Center; seconded by Council Member Keefe [as presented in Exhibit 4]. Motion Carried Unanimously. D. Mrs. Bobbi Poole submitted a request to discuss shower facilities for the homeless. Due to her absence this item was not discussed. AUGUST 3. 2021. CITY COUNCIL MINUTFS PA(-,F a Or- 46 f , CITY OF OKEECHOBEE, FLORIDA [i "`Z '.�.' PLANNING BOARD MEETING JULY 15, 2021 SUMMARY OF BOARD ACTION I. CALL TO ORDER Chairperson Hoover called the regular Planning Board meeting for the City of Okeechobee to order on Thursday, July 15, 2021, at 6:02 P.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance. ATTENDANCE Roll was taken by Board Secretary Patty Burnette. Chairperson Dawn Hoover, Board Members Phil Baughman, Karyne Brass, Rick Chartier, and Mac Jonassaint were present. Alternate Board Members Joe Papasso and Jim Shaw were present. Vice Chairperson Doug McCoy and Board Member Felix Granados were absent without consent. Chairperson Hoover moved Alternate Board Members Papasso and Shaw to voting position. III. AGENDA A. New Business Item A. was added. B. Motion by Member Chartier, seconded by Member Baughman to approve the agenda as amended. Motion Carried Unanimously. IV. MINUTES A. Motion by Member Brass, seconded by Alternate Board Member Papasso to dispense with the reading and approve the May 20, 2021, Regular Meeting and Workshop minutes. Motion Carried Unanimously. V. CHAIRPERSON HOOVER OPENED THE PUBLIC HEARING AT 6:06 P.M. A. Abandonment of Right -of -Way Petition No. 21-001-AC, requests to vacate the 20- feet wide by 299.75-feet long East to West alleyway lying between Lots 1 through 6 and 7 through 12 of Block 110, CITY OF OKEECHOBEE, Plat Book 5, Page 5, Public Records of Okeechobee County. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending approval. 2. Mr. Steven Dobbs was present on behalf of the Property Owner, JKST Holdings, LLC, and commented even though the Rezoning request to change the zoning from Light Commercial to Residential Multiple Family (RMF) was denied by the City Council, (Petition No. 21-002-R), his client still wished to proceed with the abandonment request. He further commented his client was going to petition the City Council to administratively rezone the parcel to Heavy Commercial (CHV). 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Member Baughman, seconded by Member Jonassaint to recommend to the City Council approval of Abandonment of Right -of -Way Petition No. 21-001-AC as presented in [Exhibit 1, which includes the findings as required for granting a vacation of rights -of -way petitions per Code Section 78-33; Planning Consultant's analysis of the findings and recommendation for approval; and the Technical Review Committee's (TRC) recommendation to approve] with the following conditions: after abandonment the property will reflect the current Future Land Use (FLU) and Zoning Map designations; Florida Power and Light (FPL) is requiring a 10-foot easement be provided for the full 20-foot width of the subject right-of-way on the West side, adjacent to Northeast 2nd Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas. Motion Carried. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for August 3, 2021, and September 7, 2021. July 15, 2021, Planning Board Meeting Page 1 of 3 47 V. PUBLIC HEARING ITEMS CONTINUED B. Abandonment of Right -of -Way Petition No. 21-002-AC, requests to vacate the 15- feet wide by 299.84-feet long East to West alleyway lying between Lots 1 through 6 and 7 through 12 of Block 121, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. Mr. Dobbs was present on behalf of the Property Owners, Shaun and Desiree Penrod, and commented even though the Rezoning request to change the zoning from Residential Single Family -One to RMF was denied by the City Council, (Petition No. 21-003-R), his client still wished to proceed with the abandonment request. He further commented his client was going to petition the City Council to administratively rezone the parcel to CHV. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Member Chartier, seconded by Member Baughman to recommend to the City Council approval of Abandonment of Right -of -Way Petition No. 21-002-AC as presented in [Exhibit 2, which includes the findings as required for granting a vacation of rights -of -way petitions per Code Section 78-33; Planning Consultant's analysis of the findings and recommendation for approval; and the TRC's recommendation to approve].with the following conditions: after abandonment the property will reflect the current FLU and Zoning Map designations; FPL is requiring a 10-foot easement be provided for the full 15-foot width of the subject right-of-way on the West side, adjacent to Northeast 2nd Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas. Motion Carried. The recommendation will be forwarded to the City Council for consideration at Public Hearings tentatively scheduled for August 3, 2021, and September 7, 2021. C. Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 21-004-SSA, from Single Family Residential to Industrial on 1.60± acres located in the 500 Block of NW 711 Street. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. There were no comments offered by the Property Owner or Agent. 3. There were no public comments offered. 4. There were no Ex-Parte disclosures offered. 5. Motion by Member Jonassaint, seconded by Member Baughman to recommend to the City Council approval of Comprehensive Plan Small Scale Future Land Use Map Amendment Application No. 21-004-SSA as presented in [Exhibit 3, which includes the findings as required for granting applications per Code Section 70-340; and the Planning Consultant's analysis of the findings and recommendation for approval]. Motion Carried Unanimously. The recommendation will be forwarded to the City Council for consideration at a Public Hearing tentatively scheduled for August 17, 2021. D. Comprehensive Plan Text Amendment No. 21-001-CPA, which proposes to amend the City's Future Land Use Map (FLUM) and textual amendments to the FLU Element of the City's Comprehensive Plan. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. He explained on June 29, 2021, House Bill 59 became law. It basically requires every city to adopt a Property Rights section into their Comprehensive Plan before any other Comprehensive Plan Amendments that were not initiated prior to July 1, 2021, can be adopted. Both he and the City Attorney feel this proposed amendment was initiated before then although the Department of Economic Opportunity does not. This Board can either make their recommendation to the City Council on this Amendment tonight or continue it until a date certain to allow time for Staff to bring forth the proposed Property Rights Element for recommendation. July 15, 2021, Planning Board Meeting Page 2 of 3 •:� t-c (C a- - CITY OF OKEECHOBEE, FLORIDA TECHNICAL REVIEW COMMITTEE MEETING MAY 20, 2021 SUMMARY OF COMMITTEE ACTION I. CALL TO ORDER Chairperson Montes De Oca called the regular meeting of the Technical Review Committee (TRC) for the City of Okeechobee to order on Thursday, May 20, 2021, at 10:00 A.M. in the City Council Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida, followed by the Pledge of Allegiance led by Assistant Police Chief Hagan. if. ATTENDANCE The following TRC Members were present: City Administrator Marcos Montes De Oca and Building Official Jeffery Newell. Members absent: Fire Chief Herb Smith (Lieutenant Adam Crum was present in his place), Police Chief Bob Peterson (Assistant Police Chief Donald Hagan was present in his place), and Public Works Director David Allen (Public Works Operations Supervisor Marvin Roberts was present in his place). City Planning Consultant Ben Smith, Okeechobee Utility Authority (OUA) Executive Director John Hayford (entered the Chambers at 10:04), Committee Secretary Patty Burnette and General Services Secretary Yesica Montoya were present. City Attorney John Fumero, Okeechobee County Environmental Health Director Victor Faconti and the Okeechobee County School Board representative were absent. Ill. AGENDA A. There were no items added, deferred, or withdrawn from the agenda. B. Motion by Building Official Newell, seconded by Assistant Police Chief Hagan to approve the agenda as presented. Motion Carried Unanimously. IV. MINUTES A. Motion by Building Official Newell, seconded by Assistant Police Chief Hagan to dispense with the reading and approve the October 15, 2020, Regular Meeting minutes. Motion Carried Unanimously. V. NEW BUSINESS A. Abandonment of Right -of -Way Petition No. 21-001-AC. 1. City Planning Consultant Mr. Ben Smith of LaRue Planning and Management Services reviewed the Planning Staff Report recommending approval. 2. No City Staff comments were received. 3. The property owner or agent were not in attendance. 4. No public comments were offered. 5. Chairperson Montes De Oca disclosed he had spoken with Mr. Steven Dobbs, the Applicant's agent, regarding the proposed project. 6. Motion by Building Official Newell, seconded by Operations Supervisor Roberts to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 21-001-AC, which requests to vacate the 20-feet wide by 299.75-feet long East to West alleyway lying between Lots 1 through 6 and 7 through 12 of Block 110, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County with the following conditions: Florida Power & Light (FPL) is requiring a 10-foot easement be provided for the full 20-foot width of the subject right-of-way on the West side, adjacent to Northeast 2"d Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas. Motion Carried Unanimously. B. Abandonment of Right-of-way Petition No. 21-002-AC. 1. City Planning Consultant Smith reviewed the Planning Staff Report recommending approval. 2. No City Staff comments were received. 3. The property owner or agent were not in attendance. 4. No public comments were offered. TRC MINUTES, MAY 20, 2021, PAGE 1 of 2 V. NEW BUSINESS ITEM B CONTINUED 5. Chairperson Montes De Oca disclosed he had spoken with Mr. Steven Dobbs, the Applicant's agent, regarding the proposed project. 6. Motion by Building Official Newell, seconded by Lieutenant Crum to recommend approval to the Planning Board for Abandonment of Right -of -Way Petition No. 21-002-AC, which requests to vacate the 15-feet wide by 299.84-feet long East to West alleyway lying between Lots 1 through 6 and 7 through 12 of Block 121, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public Records of Okeechobee County with the following conditions: FPL is requiring a 10-foot easement be provided for the full 15-foot width of the subject right-of- way on the West side, adjacent to Northeast 2nd Avenue; and Century Link has requested a condition that the Applicant will bear the cost of relocation and repair any facilities that are found and/or damaged in the vacated areas. Motion Carried Unanimously. VI. Chairperson Montes De Oca adjourned the meeting at 10:11 A.M. Submitted by: po±. t, Patty M. Burnette, Secretary Please take notice and be advised that when a person decides to appeal any decision made by the Technical Review Committee with respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of backup for official records. TRC MINUTES, MAY 20, 2021, PAGE 2 OF 2 L O V-J00-G Z 10WIS pX 3N 000 pamed 0 unegS aagogoaa)lp jo iflro et/ L :-ON UQIXOd ssajpp y :juejgddy :.aoj paaedaad juamuopuegd AeM-jo-jLIBiM laodeN jjajS puagM I M A p6�1na� Staff Report Applicant: Shaun C. Penrod Right -of -Way Abandonment Petition No. 21-002-AC Request The matter before the TRC is an application to abandon the alley that runs through Block 121 at 200 NE 3'd Street. The alley is 15 feet wide by 299.84 feet long, totaling 4,497.6 square feet (0.103 acres). The block is owned by a single land owner that plans to sell the entirety of the property to a potential developer with plans to build apartments at this site if the concurrent future land use map amendment and rezoning requests are also approved. Generall Information Shaun C Penrod Applicant 2437 SW 3311 Circle Okeechobee, FL 34974 Site Address The alley between the north and south parcels of Block 121 Contact Person Shaun Penrod Contact Phone Number 863.634.0465 Contact E-mail Address penrodconstruction@gmaii.com A STRIP OF LAND, 15.00 FEET IN WIDTH, BEING A PORTION OF BLOCK 121 OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 121, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE ALLEY OF SAID BLOCK 121, THENCE NORTH 00"1'04" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF NORTHEAST 2ND AVENUE, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE NORTH 89'49'44"EAST ALONG THE NORTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE WEST RIGHT RIGHT-OF-WAY LINE OF NORTHEAST 3RD AVENUE AND THE NORTHEAST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 00" 1,04" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 89'49'44" WEST ALONG THE SOUTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE POINT OF BEGINNING. SAID LAND LYING IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.103 ACRES MORE OR LESS. Characteristics of the Subject Property Existing Proposed Future Land Use Commercial Multi -Family Residential Zoning Residential Single Family Residential Multiple Family Use of Property Vacant Multi -Family rental apartments Acreage 0.103 acres 0.103 acres planning Staff Report Right -of -Way Abandonment AERIAL Applicant- Shaun C. Penrod Petition No. 21-002-AC The subject of the abandon ment/vacation is outlined in Red on the aerial photograph from the Property Appraiser's office below. The Applicant owns all surrounding parcels. 111 L-IR-11 planning aball, o led jv� 1W, CT 1-21 IJ Staff Report Right -of -Way Abandonment Applicant: Shaun C. Penrod Petition No. 21-002-AC FUTURE LAND USE The subject of the abandonment/vacation, is the land between the north and south sections of Block 121, as shown on this excerpt from the City's Future Land Use Map. If the City grants the Applicant's concurrent request to change the future land use designation from Commercial to Multifamily Residential, then it also seems appropriate to approve the vacation of this alley and designate that land as Multifamily Residential on the Future Land Use Map. t: 1 LAND USE CLASSIFICATIONS RAILROAD CENTERLINE -- - HOPKI14S MEANDER LINE tt RAILROAD CENTERLINE flu_boundary_lincs lot line flu_backyround_parcels SINGLE - FAfv11LY RESIDENTIAL MIXED USE RESIDENTIAL %iULTI - FAf.IILY RESIDENTIAL C01.1hBEP.CIAL INDUSTRIAL PUBLIC FACILITIES I - a a tD .t 12 1 1•.1E :3 � �_a S NE 2ND ST LLJ Q X 1 7 C J '* It 1:1 f;,r-, 3 planning Staff Report Right -of -Way Abandonment Applicant: Shaun C. Penrod Petition No. 21-002-AC ZONING The subject of the abandonment/vacation, is the land between the north and south sections of Block 121, as shown on this excerpt from the City's Zoning Map. If the City grants the Applicant's concurrent request to rezone from Residential Single Family to Residential Multiple Family, then it also seems appropriate to approve the vacation of this alley and designate that land as Residential Multiple Family on the Zoning Map. ZONING :olyyy_�res . CENTRAL W7•�:: OCTACT 11FAYI OW„ERCNL s� UOwTCC4WCRQAL COV CKCAL Pf"I=Cf+ L0MCE i-OLO-W. J� I*UsTRLV. omucU FtAnac� uNrt r,Ew_cwEur-wxEo �nE 7J{NNO .tYR GVMC�Vva-R=VTu: RE:tOE�RW: VULTtPLE FA. .T RMOENTW. WOO" •AWE RE^10ENTIAL:NOLE FAUILY-C rE RE'.t-^!NTtAL l^ :_E-W::1TV:0 planning NE -TH S e I , . 3 1 1 , 1 e l0 1*al�� j,i NE =NTH ST NE �RD ST MW is W I W t 3 2 1 c r •_y � T 14 1 C - 7 8 9 1011 12W LLI Z NE 2ND ST 4 Staff Report Right -of -Way Abandonment Applicant: Shaun C. Penrod Petition No. 21-002-AC Sec. 78.33 states that applications to vacate an alley or public right-of-way may be approved upon a finding by the City Council that the following requirements have been met. The Applicant's responses are provided in Times Roman typeface and are repeated below exactly as provided by the Applicant. Staff has made no attempt to correct typos, grammar, or clarify the Applicant's comments. Staff Comments are in Arial typeface. 1. Proposed vacation is consistent with the Comprehensive Plan. Applicant Comment: "The requested alley is currently not used for access or utilities, there is no mention of alleys in the City's Comprehensive Plan, the LDR's mention alleys in Section 86-142, which states alley may be allowed in residential districts, also in Section 70-335, which states notice of abandonment required, otherwise they are other referenced, but not concerning vacancies." Staff Comment: There is nothing in the City's Comprehensive Plan concerning abandonments or vacations of rights -of -way. 2. Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an easement Applicant Comment: "The alley is not sole access to any property and a remaining land will not require an easement." Staff Comment: The applicant owns all of the surrounding property. No other properties require this alley for access. If the abandonment is approved, FP&L is requiring that a 10 foot easement be provided for the full 15 foot width of the subject ROW on the West side, adjacent to NE 2" d Avenue. 3. Proposed vacation is in the public interest and provitles a benefit to the City. Applicant Comment: "The proposed vacation of the alley is within a block that will become a multifamily project, which the City is in need of, so this vacation will allow the existing ROW and alley's square footage to add density to this project so more housing can be added and return the property to the tax rolls." Staff Comment: The proposed right-of-way area to be vacated has not been improved to facilitate vehicular traffic. Turning over maintenance responsibility to the Applicant and adding this property to the City tax rolls will be a benefit to the City. If the concurrently requested map changes are approved and the property is developed according to the Applicant's stated plans, additional taxes will be collected by the City. L lk plannin;3 Staff Report Right -of -Way Abandonment Applicant: Shaun C. Penrod Petition No. 21-002-AC 4. Proposed vacation would not jeopardize the location of any utility. Applicant Comment: "There are currently no utilities in the requested abandonments." Staff Comment: The Applicant has provided signed authorizations from all necessary utility entities including: • Florida Power & Light (with the above mentioned required easement) • Century Link (with the condition that the Applicant will bear the cost of relocation and repair of any facilities that are found and/or damaged in the vacated areas) • Comcast • Okeechobee Utility Authority • Florida Public Utilities Recommendation Based on the foregoing information and analysis, we believe, from a planning perspec- tive, that if the applicant agrees to the requested conditions made by FP&L and Century Link, the requested right-of-way vacation/abandonment can be considered consistent with the requirements of Sec. 78-33. Staff recommends approval of this request. Submitted by: Benjamin L. Smith, AICP Sr. Planner LaRue Planning May 11, 2021 TRC Meeting: May 20, 2021 PB/BOA Meeting: July 15, 2021 City Council 1st Reading: (tentative) August 3, 2021 City Council 2nd Reading and Public Hearing: (tentative) September 7, 2021'K fi6n(A i-jia* r ruiu ( v-a, t'31 zo 2 j planning) ABANDONMENT OF RIGHT-OF-WAY PETITION CITY OF OKEECHOBEE General Services Department SS Southeast 3rd Street Okeechobee, Florida 34974 863-763-3372 X 9820 Fax: 863-763-1686 PETITION NO. Application fee (non-refundable) Date Fee Paid: Li-��{—� 6 Receipt No: 543�;�� $600.00 (dote: (Resolution No. 98-11) Schedule of Land TRC Meeting: Publication Date: Letters Mailed: PB/BOA Meeting: _j �i� ~ Publication Dates: .. - Letters Mailed: Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the CityCouncil 25C Reading: I CMR Letter E-mailed: g: j - r , •, City Council Public Hearing: j Publifati�on ate:` application, the applicant shall pay the actual costs. Right-of-way Definition: Land dedicated, deeded, used, or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and related purposes shall be considered as right-of-way. Legal Description of the Right -of -Way to be Abandoned: STRIP OF LAND, 15.00 FEET IN WIDTH, BEING A PORTION OF BLOCK 121 OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, %GE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLOIRDA -ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: EGIN AT THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 121, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE ALLEY OF SAID BLOCK 121, THENCE NORTH 0°11°04" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF NORTHEAST 2ND AVENUE, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 121 ALLEY; HENCE NORTH 89"49'44" EAST ALONG THE NORTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE WEST RIGHT RIGHT-OF-WAY LINE OF NORTHEAST RD AVENUE AND THE NORTHEAST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 00'11'04" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF IS.00 FEET D THE SOUTHWEST CORNER OF SAID BLOCK 12I ALLEY; THENCE SOUTH 89°49'44" WEST ALONG THE SOUTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO HE POINT OF BEGINNING. LAND LYING IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.103 ACRES MORE OR LESS. Purpose of the Right -of -Way Abandonment: The alley is being abandoned because there is a single land owner around this alley and they are planning to sell the land to someone who wants to build multifamily units and this will eliminate the rear setback on each lot and allow a unity of title for the whole block. REV.04/20 ABANDONMENT OF ORIGHT-OF-WAY PETITION # 21-002-AC NOTES & INFORMATION FOR CLARIFICATION: 1. The Planning Board meeting originally scheduled, noticed, and advertised for 6/17/2021, was canceled due to covid and city hall being closed. The meeting was rescheduled for 7/15/2021. This caused the signs posted on the property and notices to surrounding property owners to be revised and completed twice. 2. By request of the Project Engineer, Steve Dobbs, the first reading of Ordinance No. 1232 by the City Council was approved on 8/3/2021 and the public hearing was postponed until the rezoning matter could be finalized. 3. The rezoning matter was finalized on 11/16/2021, by Ordinance No. 1243. 4. On 11/29/2021 Clerk Gamiotea emailed the Steve Dobbs to verify that his client was ready to move forward with the final public hearing. On 12/3/2021, Mr. Dobbs advised that his client was in conversations with City Planner Jim LaRue, if those discussions were favorable, then his client would be ready to move forward with the alley closings. On 12/22/2021, Mr. Dobbs and Mr. F. Mitch Stephens advised Clerk Gamiotea to move forward with advertising the final public hearing to close the alley. 5. Block 121 was owned by Shaun Cory and Desiree Penrod at the time the petition was submitted to the City. Shaun Cory Penrod signed the petition as one of the property owners. However, both signatures are needed. To resolve this issue, Desiree Penrod signed a Land Use Power of Attorney to Mitch Stephen as the applicant on her behalf. The Penrod's sold this property to Frank Mitch Stephens of Glenwood Park, LLC, see warranty deed dated 5/27/2021. Copies of the deed and active sunbiz corporate information are all on file. Mr. Stephens is who paid the petition fees. PETITION NO. < it(J2_ OC v Name of property owner(s): Shaun C. Penrod Owner(s) mailing address: 2437 SW 33rd Circle, Okeechobee, FL 34974 Owner(s) e-mail address: penrodconstruction@gmail.com Owner(s) daytime phone(s): (863) 634-0465 Fax: Required Attachments Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. Letters of Consent or Objection. (If more than one property owner is involved and they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL INSTRUCTIONS Location map of subject property and surrounding area within 100' (See Information / Request Form attached) and dimensions ofright-of-way. ✓ List of all property owners within 300' of subject property (See Information Request Form attached) Site Plan of property after abandonment. (No larger than 11x 17) Utility Companies Authorization Form. (See attached) Supplementary supporting information: Copy of recorded Plat of the Subdivision where right-of-way exists no larger than IIx17. (Can be obtained from the County Clerk's Office, Court House) PLEASE NOTE, If there are other property owners that are contiguous to the subject right-of- way, a notarized letter must be attached with the following information: date, their name(s), what property they own, and whether they object to or consent to the right-of-way abandonment. (See attached sample letter) 11 -� I Confirmation of Information Accuracy 11 I hereby certify that the information contained in and/or attached with this petition is correct. The information included in this petition is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this petition. Signat Printed Name ' Date Rcv.oa/20 CITY OF OKEECHOBEE 55 SE 3RD AVENUE OKEECHOBEE, FL 34974 TELE: 863-763-3372 FAX: 863-763-1686 i .AND I TSF, POWER OF ATTORNEY Name of Property Owners: Corey and Desiree Penrod Mailing Address: 2437 SW 33rd Circle Okeechobee, FL 34974 Home Telephone: Work: Cell: 863-634-0546 Property Address: 200 block NE 3rd Street Okeechobee, FL 34972 Parcel ID Number: 1 - 5 - -' 5 1-1 - 5 > -1u-0 , -15-37-35-0010-01210-0010. 3-15-37-35-0010-01210-0070.3-15-37-35-0010-01210-0090, 3-15-37-35-0010-0121 - 100. and 3-15_37- 5-001 - 12 - 120 Name of Applicant: Mitch Stephens Home Telephone: Work: Cell: 919-201-9913 The undersigned, being the record title owner(s) of the real property described above, do hereby grant unto the applicant stated above the full right and power of attorney to make application to the City of Okeechobee to change the land use of said property. This land use change may include rezoning of the property, the granting of special exception or variances, and appeals of decisions of the Planning Department. It is understood that conditions, limitations and restrictions may be place upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and notarized statement of such termination effective upon receipt by the Planning Department. IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HAND AND SEALS THIS DAY OF 20 OWNER �— L Wi ESS --C� rbo 6 OWNER WITNESS STATE OF FLORIDA / I COUNTY OF The foregoing instrument was acknowledged before me by means of ✓ phyaical presence or _online notarization, this Z'r;*%ay of MgA4 , 20 Zf , by D&�S jrkZ, PCa,. . (Name of Person) who is personally known to me or produced as identification. t STEVEN L. DOBBS s „ 'MY CODRvIISSION AHH49765 NOTARY PUBLIC SIGNATURE .•� EXPIRES: October 01, 2024 (Rev 412020) Page 5 of I I Parcel ID Number: 3-15-37-35-0010-01210-0070 Prepared by and return to: Susie Burk Okee-Tantie Title Company, Inc. 105 NW 6th Strut Okeechobee, Florida 34972 FILE NO. 36444 Warranty Deed This Indenture, Executed this November 20, 2018 A.D. Between ! lfilii 11lfi Nifi iilil !1lil Ilili fill llli FILE HUM 2101801391:04 OR' PK 816 PG 9717 SHARON ROBERTSONt CLERK & COMPTROLLER OKEECHOBEE COUNTYr FLORIDA RECORDED 11/21/2018 02:00:48 PM AMT $10S►000.00 RECORDING FEES $27.00 DEED DOC: $735.00 RECORDED BY n Pinon P9s 970 - 972; (3 P9s) WANDA SUE WOLFORD, TRUSTEE OF THE EVA MAE WILLIAMS REVOCABLE LIVING TRUST F/KIA THE EVA MAE HAZELLIEF REVOCABLE LIVING TRUST UNDER AGREEMENT DATED SEPTEMBER 5, 1986, AS AMENDED JULY 27,1994 AND SEPTEMBER 25,1997 whose address is 1888 EAST RD, Jacksonville, Florida 32216, hereinafter called the grantor, to 1 f PC� SHAUN C. PENROD and DESIRES A. PENROD, HUSBAND and WIFE, �. A-D whose post office address is: 2437 SW 33rd Cti., Okeechobee, FL 34974, hereinafter called the grantee: tiuti )C (( (JCL LLL, ( Whenever used herein the tern "grantor" and grantee" )nclu to all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corpotaiiotrs)'' Witnesseth, that the grantor, for and to ct)nstderation of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A' Parcel ID Number: 3-15-37-35-0010-01210-0070 Subject to covenants, restrictions, easements of record and taxes for the current year. 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. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the tide to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2018. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and Witness Printed Name E. Burk ,:::: � � � Z,/" � - Witness Printed Name SONSUN VlRKAMS (Seal) WANDA SUE WOLFORD, TRUS E Address- 1888 EAST RD, Jacksonville, lorida 2216 State of Honda County of Okeechobee The foregoing instrument was acknowledged before fikCIis November 20, 2018, by WANDA SUE WOLFORD, TRUSTEE OF The Eva Mae Williams Revocable Living Trust F/K/A the Eva Mae Hazellief Revocable Living Trus r greem t dated September 5, 1986, as amended July 27, 1994 and September 25,1997, who"produced a drivers license fication. �., Pub c ylVia E. Burk ""�� SYtVtA E BURK Print Nrme: >�Y SPV6 Notary Public • State of Florida + - My Commisslon Expires r • Commission # FF 204270 My Comm. Expires Feb 26, 2019 ft led thoio Wonal Notay Assn. Exhibit "A" LOTS 1 TO 12, INCLUSIVELY, BLOCK 121, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, OKEECHOBEE COUNTY, FLORIDA. File Number: 36444 Legal Description with Non Homestead closer's Choice 1/4/22, 11:29 AM Detail by Entity Name FLOWDA DEPARTMENT OfSTATE DIVISION OF CORPORATIONS Deparlmenl of Slate / Division of Corporations /Search Records /Search by Entity Name / v C c PV( , Detail by Entity Name Florida Limited Liability Company GLENWOOD PARK, LLC Filing Information Document Number L21000242266 FEI/EIN Number NONE Date Filed 05/24/2021 State FL Status ACTIVE Principal Address 17705 MIDDLEBROOK WAY BOCA RATON, FL 33496 Mailing Address 17705 MIDDLEBROOK WAY BOCA RATON, FL 33496 Registered Agent Name & Address STEPHENS, FRANK M 17705 MIDDLEBROOK WAY BOCA RATON, FL 33496 Authorized Person{s) Detail Name & Address Title MGR STEPHENS, FRANK M 17705 MIDDLEBROOK WAY BOCA RATON, FL 33496 Title MGR 2021 QUALIFIED FUND, LLC 17705 MIDDLEBROOK WAY BOCA RATON, FL 33496 Annual Reports No Annual Reports Filed �µ-.�.��.-.......r.... ... �,t�...,.n,,........in..........,..,..,c._.,__..m_„__�n_....un_._:�n:__..._....___r_..•. .. �_� _ o �.__ _..__r..__-�_... _�o _ _ ___emu___ _.-._� _ _ _l.. �......-. . i.. Jerald D Bryant, Clerk of the Circuit Court & Comptroller Okeechobee, FL Recorded 5/28/2021 4:17 PM JFees: RECORDING $27.00 D DOCTAX PD $1,190.00 Parcel ID Number: 3-15-37-35-0010-01210-0060 Prepared by and return to: COLTEN ENDICOTT Okee-Tantie Title Company, Inc. 105 NW 6th Street Okeechobee, Florida 34972 FILE NO. 38827 Warranty Deed This Indenture, Executed this May d , 2021 A.D. Between SHAUN C. PENROD and DESIREE A. PENROD, HUSBAND and WIFE, whose address is 210 NE 3RD AVE, Okeechobee, Florida 34972, hereinafter called the grantor, to GLENWOOD PARK, LLC., A FLORIDA LIMITED LIABILITY COMPANY, whose post office address is: 17705 MIDDLEBROOYC;WAY, Boca Raton, Florida 33496, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee' include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Okeechobee County, Florida, viz: Legal Description as Exhibit "A" Parcel ID Number: 3-15-37-35-0010-01210-0060 Subject to covenants, restrictions, easements of record and taxes for the current year. 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. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 2020. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: . !�� 0 Q-==— %Z_ (Seal) SHAUN C. PENRO Address: 210 NE 3RD AVE, Okeechobee, Florida 34972 (Seal) DESIREE . PENROD Address: 210 NE 3RD AVE, Okeechobee, Florida 34972 State of Florida County of Okeechobee The foregoing instrument was acknowledged before me'by means of�physical presence or [ J online notarization, this , 2021, by SHAUN C. PENROD and DESIREE A. PENROD, HUSBAND and WIFE, who produced a . ers lice s as identification. �\ /? No tic Prig Na �% S My Co fission Expires ��y,Y'i�e.•• COLTEN ENOiC07T Notary State • Commission pGG 976160da �'.�r®d�.. Comm. Expires Apr 5, 2024 ' Banded through National Notary Assn. Exhibit "A" LOTS 1 TO 12, INCLUSIVELY, BLOCK 121, CITY OF OKEECHOBEE, PLAT BOOK 5, PAGE 5, OKEECHOBEE COUNTY, FLORIDA(da/ '04/21) File Number: 38827 Legal Description with Non Homestead Closees Choice CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Ln_structions: Utility Companies Authorization Form Applicant: Deliver the petition and this form to the following Utility Companies for their comments. It must be signed and dated with a contact number for each person. Utility Companies: If an easement is needed, provide a complete legal description for iL The City Attorney will address it as a nonexclusive perpetual easement within the Ordinance. If there is going to be a relocated easement, provide legal of where it's to be relocated to. The City Attorney will address this in the Ordinance by denoting the relocated easement is in an attached exhibit to the Ordinance. Additionally, the effective date will be upon the City's receipt of the recorded relocated easement between the owner and utility company and provided on the utility company's form. Florida Power & Light 863-4 57.3708 Donna Padgett Authorized Signat0ii•e FPL end Typed Name & Title Phone No. Date nmuary a/o/a uent:ury LmK r 863-452-3185 Kenneth R. Lutz �(,Ji1(31_ ken.lutzC@centurylink.com t Nre.easement@centurylink.com Authorized Signature Comcast Cable 863-763-2824 107 NW 7t Avenue Typed Name & Title Phone No. /0-'� Q%erL Rick Johnson Construction Coordinator 561-402-4513 Authorized Kinature Typed Name & Title Phone No. WSW51" tility Authority nue Aut�plzed Sifnatur Florida Public Utilities Ivan Giobbs 561-723-3459 Authorized Signature uate vale John Hayford, Executive Director 863-763-9460 x 109 4/1/2021 Typed Name & Title Phone No. Date Ivan Gibbs Engineering Technician 561-723-3459 4-6-2021 Typed Name &Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE & FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate Gil Culbreth, Co -Trustee ,�ja� fZi G','f o f rVK�Fc�osd 863-763-3154 4I k 7 0 .� s�6'(�u t 14. �. LOu/b2 t771,RT 9b3 --/» a z4 a 4-2-z�z� Authorized Signature ' Typed Name & Title ea •T2 kr{x e- Phone No. Date mac), - A, 3/31 /2021 Shaun & Desiree Penrod c/o Jessica Crews Abney Building & Consulting, Inc. 201 NE 2"d Street Okeechobee, FL 34972 CenturyLink No Reservations/No Objection SUBJECT: Vacate 15' Alley, Block 121, City of Okeechobee_ According to the plat recorded in Plat Book 1, Page 5 of the Public Records of Okeechobee County. To Whom It May Concern: Embarq Florida, Inc., d/b/a CENTURYLINK ("CenturyLink") has reviewed the request for the subject vacation and has determined that it has no objections with respect to the areas proposed for vacation as shown and/or described on Exhibit "A", said Exhibit "A7 attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any other existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. If you have any questions, please vAlliam.d.paul@centurylink.com SincerelZennedy D Senior Manager, J/ROW CenturyLink P836107 contact Bill Paul at 727-449-3544 / PLEASE COMPLETE THE FOLLOWING FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS -OF -WAYS (Sec. 78-33, page CD78:4 in the LDR's) It is the Petitioner's responsibility to convince the Technical Review Committee, Planning Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the Petitioner should provide in his/her application and presentation sufficient explanation and documentation to convince the reviewing body to find that: The requested alley is currently not used for access or utilities, there is no mention of alleys in the City's Comprehensive plan, the LDR's mention alleys in Section 86-142, which states alley may be allowed in residential districts, also in Section 70-335, which states notice of abandonment required, otherwise they are other referenced, but not concerning vacancies. The alley is not sole access to any property and a remaining land will not require an easement. The proposed vacation of the alley is within a block that will become a multifamily project, which the City is in need of, so this vacation will allow the existing ROW and alley's square footage to add density to this project so more housing can be added and return the property to the tax There are currently no utilities in the requested abandonments. The City Staff will, in the Staff Report, address the request and evaluate it and the Petitioner's submission in light of the above criteria and offer a recommendation for approval or denial). REV.04/20 L Order: 6457612 Doc: 5-5 MAP PLAT OKESCROBE I v, T, V ,aw 0 Page 1 of I Requested By: Cheryl Lieberman Printed: 7/13/2017 2:18 PM 0,2, VM Zact 3/26/2021 Map Print_Okeechobee-County-Property-Appraiser 3-26-2021 frlf�� ��-•l � , .r3in r I • 1� 4� •,�"NYC ( � I� ,., I i _ .'_ � r... rr yT 0 53 100 169 212 265 318 371 424 r - 477 630 ft Okeechobee County Property Appraiser Mickey L. Bandi, CFA Okeechobee, Florida 1 863-763-4422 PARCEL: 3-15-37-35-0010-01210-0060 (33817) 1 VACANT COMMERCIAL (1000) 10.258 AC NOTES: CITY OF OKE_ECHOBEE (PLAT BOOK 1 PAGE 10 8 PLAT BOOK 5 PAGE 5) LOT 6 8 WEST 112 OF LOT 5 BLOCK 121 F.., (.-PENROD SHAUN C 2020 Certified Values ; Owner: PENR0D--. S;REE A Mkt Lnd $21,360 Appraised $21,360 2437 SW 33RD CIR Ag Lind $0 Assessed $21,360 OKEECHOBEE, FL 34974-5723 Bldg $0 Exempt $0 Site: NE 4TH ST. OKEECHOBEE XFOB $0 county:$21,360 as �i�a Kr 1 U2012018 S105,000 v 0 lTotal ci :$21,360 f Sales mrz711907 so V(uj Just $21,360 Taxable other.$21,360 Info Sn/1987 s0 V(u) school:$21,360 Okeechobee County, FL This Information„ was derived from data which was compiled by the Okeechobee County Property Appraiser Office solely for the governmental purpose of properly assessment. This information should not be relied upon by anyone as a determination of the ownership of property or market value. No warranties, expressed or implied, are provided for the accuracy of the data herein, it's use, or it's interpretation. Although it is periodically updated, this Information may not reflect the data currently on file in the Property Appfaisefs office. GrizzlyLogic.coin www.okeechobeepa.com/gis/gisPrint/ 1/1 SKETCH AND LEGAL DESCRIPTION (THIS Is NOT A SURVEY) 15.0' ABANDONED ALLEY LEGAL DESCRIPTION: EXHIBIT "A"�-oCI�--A-� NOT VALID WITHOUT SHEET 2 OF 2 A STRIP OF LAND, 15.00 FEET IN WIDTH, BEING A PORTION OF BLOCK 121 OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5. PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLOIRDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEl;tAJ AT THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 121, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE ALLEY OF SAID BLOCK 121. THENCE NORTH 00'11'04' WEST ALONG THE EAST RIGHT—OF—WAY LINE OF NORTHEAST 2ND AVENUE. A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE NORTH 89'49'44' EAST ALONG THE NORTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE WEST RIGHT RIGHT—OF—WAY LINE OF NORTHEAST 3RD AVENUE AND THE NORTHEAST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 00'11'04" EAST ALONG SAID WEST RIGHT—OF—WAY LINE, A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 89'49'44" WEST ALONG THE SOUTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE FC ?TT OF GELi i ?ii f . SAID LAND LYING IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.103 ACRES MORE OR LESS, SURVEYOR'S NOTES: NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER. THIS INSTRUMENT MAY NOT BE REPRODUCED IN PART OR WHOLE WM-f0UT THE CONSENT OF THE SIGNING SURVEYOR. 2. LANDS DESCRIBED HEREON WERE NOT ABSTRACTED, BY THE SURVEYOR, FOR OWNERSHIP, EASEMENTS. RIGHTS -OF -WAY OR OTHER INSTRUMENTS THAT MAY APPEAR IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY. FLORIDA. 3. THE DESCRIPTION CONTAINED HEREIN AND THE ATTACHED SKETCH DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. BS M ' /ASSOCIATES 4 I -_ LA_N_D SUR`JcYING SEP.V_I_CES 00 SE 3Lt L anc, Akeecnabca, FL 3497= rieky.bames $ os msu"ay,com Z63A94.2324 L3 S19S Dls'SCWHWON (TM9 J S NOT A SURVEY) 130' ABAD ALLEY c rElFKxIEr CIt.:'JT/. FLORM .7 ��� t•I� fi Fs �J. TE: �4 ^p S' L'•,—� C Rics.p 3a igES--II1 . a� PROFESSI !,�CS�E?i 3'f;V MAPPER NO. 7074 STATE O1:133-7 F SCAIE' PROJECT NO: REVISION: N/A 21-109 DATE CAD FAE: SHEET: 03/26/21 21-109 1 1 OF 2 GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 INCH = 50 FT. (INTENDED DISPLAY SCALE) LEGEND: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. = PAGE O.R.B. = OFFICIAL RECORDS BOOK R/W = RIGHT OF WAY C/L = CENTERLINE (F) - FIELD ` (P) = PLAT ---35A' LOT BLOCK 6 21 I BLOCK 1LOT LOT 3 LOT LOT 1 21 I BLOCKLOT 121 I BLOCK 121 I BLOCK ? 21 I BLOCK 121 P.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5, PG. 5 P.B.. 5. PG. 5 P.B. 5, PG. 51 P.B. 5, PG. 5 I ` I l AIIev to be Released I I .. I v I SOD' 11'04'E N00'11'04"W 1 15.00' .00 N89'49'44"E I 0 ! ! Sgg49'44"W 299. I 15.0' ALLEY I I I I IBLOLOT 7CK 121 I BLOCK \—P.0.9. LOT $121 I BLOCK LOT B121 I BLOCK LOT 11121 I BLOCK 0 LOT 1121 I BLOCK 1 LOT 1121 P.B. 5 PG. 5 P.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5, PG. 5 I I I 1 I I I I I I R/W LINE BS M': . ASSOCIATES -41 �. _. LAVA SURVEYtPty . 77RVICES 10 S8 315t Lcec, Ok—cbabee, FL 3497. rW%y. bar: nes�bsmsu racy.co m 353.484.3324 C/L NE 3RD SME f C/L HE gm STREET R---- — I -- - NOT VALID WITHOUT SHEET 1 OF 2 SAWrCH .AND LEGAL SCALE PMECT N0. ReAsm DON 1' = W. 21-109 Oats Ls Ivor a SMV") VAM CADFLE, �?�0' ABAkDQ11ED ALLEY o3/26/21 21-109 2 OF 2 CA2ZEN09EE COMTY. tiaarLoi SKETCH AND LEGAL DESCRIPTION (THIS IS NOT A SURVEY) 15.0' ABANDONED ALLEY LEGAL DESCRIPTION: NOT VALID WITHOUT SHEET 2 OF 2 A STRIP OF LAND, 15.00 FEET IN WIDTH, BEING A PORTION OF BLOCK 121 OF THE CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLOIRDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 7 OF SAID BLOCK 121, SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF THE ALLEY OF SAID BLOCK 121, THENCE NORTH 00-11.04" WEST ALONG THE EAST RIGHT-OF-WAY LINE OF NORTHEAST 2ND AVENUE, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE NORTH 89'49'44" EAST ALONG THE NORTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE WEST RIGHT RIGHT-OF-WAY LINE OF NORTHEAST 3RD AVENUE AND THE NORTHEAST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 00'11'04" EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 15.00 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK 121 ALLEY; THENCE SOUTH 89'49'44" WEST ALONG THE SOUTH LINE OF SAID BLOCK 121 ALLEY, A DISTANCE OF 299.84 FEET TO THE POINT OF BEGINNING. SAID LAND LYING IN OKEECHOBEE COUNTY, FLORIDA CONTAINING 0.103 ACRES MORE OR LESS. SURVEYOR'S NOTES: 1. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL SEAL OF A FLORIDA LICENSED PROFESSIONAL SURVEYOR AND MAPPER. THIS INSTRUMENT MAY NOT BE REPRODUCED IN PART OR WHOLE WITHOUT THE CONSENT OF THE SIGNING SURVEYOR. 2. LANDS DESCRIBED HEREON WERE NOT ABSTRACTED, BY THE SURVEYOR, FOR OWNERSHIP, EASEMENTS, RIGHTS -OF -WAY OR OTHER INSTRUMENTS THAT MAY APPEAR IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 3. THE DESCRIPTION CONTAINED HEREIN AND THE ATTACHED SKETCH DOES NOT REPRESENT A FIELD BOUNDARY SURVEY. BSM\ '1001011100;� 'ASSOCIATES N.l LAND SURVEYING SERVICES 30 SE 31st Lane, Okecchobae, FL 3,1974 rick y. ba rnesC�besnsn rvey. cum F3G3.-t3.1.3323 LB 3155 SIGN DESCRIPTION (THIS IS NOT A SURVEY) 15.0' ABANDONED ALLEY aaZICHOIBE COUNTY, FLOMDA 0 e �- e `N /G i Or- RICHAROB(siE1�17 PROFESS I 1A 6)Rv f4T�1D MAPPER NO. 7074 STATE OF FL1ffA?2"�2h`��o SCALE: PROJECT NO: REVISION: N/A 21-109 DATE: CAD FILE: SHEET: 03/26/21 21-109 1 OF 2 GRAPHIC SCALE 50 0 25 50 ( IN FEET ) 1 INCH = 50 FT. (INTENDED DISPLAY SCALE) 35.0' LEGEND: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.B. = PLAT BOOK PG. = PAGE O.R.B. = OFFICIAL RECORDS BOOK R/W = RIGHT OF WAY C/L = CENTERLINE (F) = FIELD (P) = PLAT R/W LINE I I I I ( I w z J I % 3 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 I LOT 1 BLOCK 121 1 BLOCK 121 BLOCK 121I BLOCK 121 BLOCK 121 BLOCK 121 P.B. 5, PG. 5 I I P.B. 5, PG. 5 I I P.B. 5, PG. 5 P.B. 5, PG. 5 I P.B. 5, PG. 5 P.B. 5, PG. 5 I i N00'11'04"W I I I S001 15 C 15.00' N89'49'44"E _1 299.84* S89'49'44"W 299.84' I L15,0' ALLEY P.O.B. LOT 7 I I I C8C9 I LOT 1 I I LOT 111 BLOCK 121 BLOCK 121 BLOCK 121 I BLOCK 1121 BLOCK0 121 BLOCK 121 P.B. 5, PG. 5 P.B. 5, PG. 5 P.B. 5, PG. 5 1 I I P.B. 5, PG. 5 I P.B. 5, PG. 5 P.B. 5, PG. 5 I Z I I I I I I I I I I I I I R/W LINE 35,0' l � B� , .ASSOCIATES dJ LAND SURVEYING SERVICES 30 SE 31st Lone, Okeechobee, FL 34974 ricky.barncs %�bsmsurvcy.com 863.434,8324 L8 8155 35,0' C/L NE 3RD STREET (F) C/L NE 9TH STREET (P) NOT VALID WITHOUT SHEET 1 OF 2 1 35.0' -7 SKETCH AND LEGAL SCALE: PROJECT NO: REVISION: DESCPJP27ON i " = 50' 21 —109 (MS IS NOT A SURVEY) 150' ABANDONID At1EY DATE: CAD FLE: SHEET: 03/26/21 21-109 2 OF 2 OKEECHO r COUNTY, FLOMDA GRAPHIC SOLE LEGEND: f1' a „ s P.O.B. = POINT OF 1Er INNI'+"� ®---r-� P.O.C. _ Pr�b`JT GI- r)ti!,�Lt,CLbiCd- P.A. = PL41 HOOK 9; IN FEET ' PG. - PAGE J O.R.B. - OFF: AL Rf20a D= BOOK 1 INCH = 5C .-. - rT. � R w R�I�.;hT .. �,�,�;�,•r r 1,1\1TEP• DEJ Lil`;p��,'r +.,�,LL` C/L = C:LNILK 'l- {F; FF. D rf Uhi - — - -- — - - - - 3'.,.D' i I I � i I LOT 8 1 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 BLOCK 121 BLOCK 121 BLOCK 121 8LOCX 121 BLOCK 121 BLOCK 21 P;': F'.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5. PG. 5 P.B. 5. PG. 5 I I P.B. 5. P(.. . c 4 rr 2 LOT 7 LOT 8 LOT S LOT 10 LOT 11 LCI- 12 BLOCK 121 I BLOCK 121 ; BLOCK 121 BLOCK 121 BLOCK 121 zL.01-K 121 P.B. 5, PG. 5 P.8. 5. PG. 5 P.B. 5. PG. 5 P.8. 5. PG, 5 P.B. S. PG. 5 P.8. 5. PG. I . . . . . . . . . . . . 7 ENGINEERING — Rj'N .ME 35-D' C f-! NE 1iTt1 Sting 99j Site Pi,,an of Property After Ab-,cmdoiuuent (? GCS IS NOT A SURVE-r) L,-E: — Cif! dll�icc =w7Y, JE-101lyLq ' ` 4GI -'NE 5TH ST 3v A.% 1p "NE4TH s T7- 4!7%. (,SUBJECT, PARCELS NE 3RD ST . ......... r4. tb: OR j 49 Penrod Surrounding Owners within 300 Feet llll�\ °ft� _ g",.R_"€�iia;}cY"h-=h+�h. .n ... r �Cr 9-15-37-35-0010-01400-0010 205 N PARROT AVE HOLDINGS LLC 2740 SW MARTIN DOWNS BLVD-#247 3-15-37-35-0010-01420-0070 205 OKEECHOBEE LLC _ 205 NE 2ND ST 3-15-37-35-0010-01430-0110 BELLA ROSE DAY SPA & SALON LLC 311 NE 2ND ST �~ 3-15-37-35-0010-01530-0020 BROWN MICHAEL G - P 0 BOX 120 3-15-37-35-0010-01190-0030 CANCINO MARIA 406 NE 4TH ST PALM CITY OKEECHOBEE_ OKEECHOBEE OKEECHOBEE OKEECHOBEE ~�FL FL _ FL _ FL _ FL 34990 34972-2974 34972-2976 34_973-0120 ^34972-2606 3-15-37-35-0010-01230-0050 1-15-37-35-0010-01110-0010 .3-15-37-35-0010-01200-0010 CBC PROPERTIES LLC CHURCH OF GOD Al CHURCH OF GOD r 301 NW_ 4TH AVE_ NX kVP- 301 NE 4TH AVE �, •�� 301 NE 4TH AVE C{;;�•. OKEECHOBEE OKEECHOBEE OKEECHOBEE FL _ FL _ FL 34972-2552 Y 34972 34972 . 3-15-37-35-0010-01440-0070 COLIN M CAMERON ESQ PA 200 NE 4TH AVE OKEECHOBEE FL 34972-2981 . 3-15-37-35-0010-00890-0060 ). 3-15-37-35-0010-00880-0070 COLT PENNY M ENTRY MARIE 1601 SW 35TH CIR 500 NE 3RD AVE OKEECHOBEE OKEECHOBEE FL FL 34974__ 34972 -15-37-35-0010-01120-0010 33-15-37-35-0010-01190-0010 FT DRUM CORPORATION PO BOX 1177 OKEECHOBEE FL 34973-1177 FT DRUM CORPORATION PO BOX 1177 a,,�,c� _ �OKEECHOBEE FL _ 34973-1177 3-15-37-35-0010-01220-0080 GREENBERGER JANIS P 0 BOX 1092 T309 OKEECHOBEE FL 34973-1092 13-15-37-35-0010-01430-0070 GRETCHEN ROBERTSON INVESTMENT NE 2ND ST OKEECHOBEE FL 34972-2976 ,3-15-37-35-0010-01430-0090 GRETCHEN ROBERTSON INVESTMENT + 309 NE 2ND ST OKEECHOBEE FL 34972_ 3-15-37-35-0010-01530-0010 HOOVER SUSANNE C T P 0 BOX 78 OKEECHOBEE FL 34973 - 3-15-37-35-0010-01430-0010 3-15-37-35-0010-00890-0090 HORNER WANDA _ T II PARTNERS INC 211 NE 4TH AVE _ P 0 BOX 2293 OKEECHOBEE OKEECHOBEE FL `^ FL 34972 34973-2293 3-15-37-35-0010-01100-0010 3-15-37-35-0010-01190-0060 JKST_HOLDINGS LLC _ KENNEDYARTHUR GREGORY _ PO BOX 873 _ 2328 SW 13TH ST PORT SALERNO_ OKEECHOBEE FL FL 3_4992-_0873 34974i l 3-15-37-35-0010-01410-0040 KIRCHMAN OIL COMPANY P 0 BOX 1625 BELLE GLADE FL 33430-6625 3-15-37-35-0010-01520-0040 LAKE 0 PARTNERS INC _ 110 NE 3RD AVE ' ^ OKEECHOBEE FL ~^� 34972 3-15-37-35-0010-01090-0010 LAKE REAL ESTATE HOLDINGS LLC 400 N PARROTT AVE FL 34972 3-15-37-35-0010-00890-0010 LMXN HOLDINGS LLC i _ �OKEECHOBEE 1887 SW 8TH ST OKEECHOBEE FL i 34974-3910 3-15-37-35-0010-00890-0040 LMXN HOLDINGS LLC 1887 SW 8TH ST �,\ oan-. OKEECHOBEE FL 34974-_391_0 3-15-37-35-0010-00890-0110 LMXN HOLDINGS LLC 1887 SW 8TH ST carr2 OKEECHOBEE FL 34974-3910 3-15-37-35-0010-01420-0010 MARK J TENNISWOOD DMD PA _ 208 NE 3RD ST OKEECHOBEE FL_ 34972-2947 MITCHELL RONALD _~ _ 1105 SW 4TH ST OKEECHOBEE FL 34974 �3-15-37-35-0010-00880-0060 3-15-37-35-0010-01080-0040 MONTESI CRAIG SR 10143 CULPEPPER CT ORLANDO FL 32836-6340 (3-15-37-35-0010-01190-0090 N & A CONSTRUCTION INC _ 150 FULMAR TER _ OKEECHOBEE FL 34974 1-3-15-37-35-0010-01220-0010 �3-15-37-35-0010-01220-0040 OKEECHOBEE PRESBYTERIAN OKEECHOBEE PRESBYTERIAN CHURCH 312 N PARROTT AVE 312 N PARROTT AVE "- ,rt-k OKEECHOBEE OKEECHOBEE FL FL _ _34972-29_33 u 34972 Penrod Surrounding Owners within 300 Feet I A 5-37-35-0010-01220-0060, OKEECHOBEE PRESBYTERIAN CHURCH- 312 N PARROTT AVE OKEECHOBEE FL 34972 .13-15-37-35-0010-01530-0030 PALM PLAZA OF OKEECHOBEE INC �5Grr--4 PO BOX 986 OKEECHOBEE FL __34973-0986 3-15-37-35-0010-01430-0060 PENROD CONSTRUCTION COMPANY P 0 BOX 3166 %, ;_ % OKEECHOBEE FL 34973-3166 3-15-37-35-0010-01520-0010 3-15-37-35-0010-01440-0030 REGIONS BANK RODRIGUEZ 250 RIV_ERCHASE PKWY STE 600 _ BIRMINGHAM AL _ _ 35244 T -15-37-35-0010-01190-0070 SOBEIDA- ROSE DARLA 111 W 33RD ST� HIALEAH FL 33012 I �3-15-37-35-0010-01220-0100 J SENIORS R ABLE INC 1411 SW 7TH AVE OKEECHOBEE FL 34974-5044 PO BOX 759 OKEECHOBEE FL 34973-0759 3-15-37-35-0010-01230-0010 3-15 37-35-0010-00880-0100 SHAMROCK MAX LLC _ ~ SKYLINE PO BOX 625 OKEECHOBEE _FL 34973-0625 - RENOVATION SERVICES LLC 5276 JOG LN DEFRAY BEACH FL 33484-6650 3-115-37--35-0010-01420-0050 SLOAN & RILEY HOLDINGS LLC 202 NE 3RD ST OKEECHOBEE FL 34972-2947 -15-37-35-0010-01540-0010 SPIRIT CV OKEECHOBEE FL LLC %CVS #3237-01/OCC EXP DEPT 2 WOONSOCKET RI 02895-6146 I3-15-37-35-0010-00900-0010 TAMAL PROPERTIES LLC 152 PORGEE ROCK PL JUPITER ~FL 33458-16_34 L3-15-37-35-0010-00900-0070 _ _ TAMAL PROPERTIES LLC _ 152 PORGEE ROCK PL Smog JUPITER_ FL ^- 33458-1634 f 3-1_5-3_7-35-0010-01430-0030THERAPY CENTER OF OKEECHOBEE 1 637 SE 74_T_H AVE _ OKEECHOBEE � FL _ ! 34974- � _3-15-37-35_0010-00890-0070�VILLEDA^BAUDILIO 201 NE 5TH ST OKEECHOBEE FL- 34972-2605 43-15-37-35-0010-01410-0010 WALPOLE EDWIN E III REV LIV TR �. _ P_0 BOX 1177 _ OKEECHOBEE FL A 34973 3-15 37-35-0010-01410-0020 WALPOLE INC P 0 BOX 1177 Sa(y--f- OKEECHOBEE! FL 34973-1177 -15_37-35-0010-01410-0100 - WALPOLE INC P 0 BOX 1177 OKEECHOBEE FL 34973-1177 -15 37-35 0010-01410-0060 WILLIAMS HAYNES E REV TRUST 206 N PARROTT AVE OKEECHOBEE FL 34972 13-15-37-35`0010-01440-0040 WILLIAMS MICHAELJAMES 161 MILTON DR PADUCAH KY 42003-5574 13-15-37-35-0010-01410-0080 �.__._. WILLIAMS SUSAN E REV TRUST 206 N PARROTT AVE SaT�K OKEECHOBEE FL 34972 '3-15-37-35-0010-00880-0040 WILLIAMSON JOHN 1200 NE 96TH ST - _ _ ^nKFFCNnRFF _ �Gi _ 2ncan_ncnc ,�o NW cif, j_r uo. City of Okeechobee 55 SE Third Avenue Tele: 863-763-3372 Ext. 9824 ti- Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: June 30, 2021 The Planning Board will be considering Abandonment of Right -of -Way Petition No. 21-002-AC which requests to abandon the Alleyway lying East to West between Lots 1 to 6 and 7 to 12 of Block 121, CITY OF OKEECHOBEE, PB 1 and 5/PGS 10 and 5, Public Records, Okeechobee County, at a Public Hearing, held at City Hall, RM 200 on Thursday, July 15, 2021, 6 PM, or as soon thereafter as possible. You are receiving this courtesy notice as a property owner within 300-FT of the location. You are invited to attend and be heard in person, or you may submit your questions, comments or objections by 3 PM the day of the meeting by email: pburnette(o)cityofokeechobee.com. or call the number above. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing tentatively on September 7, 2021, 6:00 PM. The Petition file, agenda and up to date information about this meeting can be viewed online at cityofokeechobee.com/AgendaMinutes-PlanningBoard.html or at City Hall, Rm 100 during normal office hours or contact my office to have a copy emailed. Respectfully, Patty Burnette, General Services Coordinator City of Okeechobee 54 55 SE Third Avenue Tele: 863-763-3372 Ext. 9824 d Okeechobee, FL Fax: 863-763-1686 Dear Property Owner: June 30, 2021 The Planning Board will be considering Abandonment of Right -of --Way Petition No. 21-002-AC which requests to abandon the Alleyway lying East to West between Lots 1 to 6 and 7 to 12 of Block 121, CITY OF OKEECHOBEE, PB 1 and 5/PGS 10 and 5, Public Records, Okeechobee County, at a Public Hearing, held at City Hall, RM 200 on Thursday, July 15, 2021, 6 PM, or as soon thereafter as possible. You are receiving this courtesy notice as a property owner within 300-FT of the location. You are invited to attend and be heard in person, or you may submit your questions, comments or objections by 3 PM the day of the meeting by email: pburnettena,cityofokeechobee.com. or call the number above. The Planning Board will make recommendations concerning the petition to the City Council for consideration, at a Final Public Hearing tentatively on September 7, 2021, 6:00 PM. The Petition file, agenda and up to date information about this meeting can be viewed online at cityofokeechobee.com/AgendaMinutes-Planning Board.html or at City Hall, Rm 100 during normal office hours or contact my office to have a copy emailed. Respectfully, Patty Burnette, General Services Coordinator 40 1,b a - CITY OF OKEECHOBEE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863-763-3372 Fax: 863-763-1686 CERTIFICATION FOR POSTING NOTICE OF PUBLIC HEARING FOR REZONING/SPECIAL EXCEPTIONNARIANCE PETITIONS) Instructions: 1. Must be posted on the subject property. 2. Must be posted prominently. 3. Must be visible from the most traveled street adjacent to the subject property. 4. There is no specific height or size requirement, provided that the sign can be easily seen by cars or pedestrians that pass by the subject property. 5. Must be posted beginning 15 days prior to the first Public Hearing and remain posted continuously during this time. When a second Public Hearing is required before the City Council, it must remain posted until the final Public Hearing has been conducted. 6. Must be removed within 7 days after the final Public Hearing. Petition Number(s): 0\ — -1 Date of Ist Public Hearing:&C)(D Address of subject property (or Legal if no address): LA�kr)!� L CA} I, �Vl Pal , hereby certifynth tI posted the 1 y p TYotice of Public Hearing sign in a cordance with the above instructions on -J(..,trQ- `3 , and will remove sign on Sip Signature:` J� Z - Date: 6- 3e, -Z 1 STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this2 day of �_. , 20 2.i by ', �. aLQ-Q-, , who is personally .. (Name of person) o to a roduced as identification. NOTARY PUBLIC SIGNATURE STATE OF FLORIDA GaIL- P 11�. LL Commissioned Notary Name ussylvaloNleuoltnNU6nonllPaiwo9 ZZOZ'4Z qaj sa1ldx3 •wwo� /W 560951• E)o # uolsslwwo3 u Ij fo alelS - ollgnd ARION GAIL P NEU n3N d 11`4J 'sue Notary Public - State of FI i { Commission # GG 158095 My Comm. Expires Feb 24, 2022 Bonded through National Notary Assn. _,... . . . . . . . ....... . . . . . . . . RIGHT OF WAY ABANDONMENT PETITION No. 21 m002mAC DATE: JULY 15, 2021 q.6 Pm, AT CITY HALL PURPOSE: TO ABANDON THE ALLEYWAY LYING EAST TO WEST BETWEEN LOTS 1 TO 6 AND 7 T012 OF BLOCK 121 AS RECORDED IN PLAT BOOKS 1 AND 5, PAGES 10 AND 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, APPLICANT: SHAUN AND DESIREE PENROD PROPERTY OWNER: SHAUN AND DESIREE PENROD FURTHER INFORMATION CONTACT: General Services Dept, 863-763-3372, Ext 9824 55 SE 3rd Ave, Okeechobee, Fl. 34974 aNDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee Couri y, lorida, th the attached copy of an advertisement being a ty L C, in the matter of l � �� iG +�t�l'c`f icy"�^� Iasi' AAAnci &'�` _ 1, in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of iI!!S�IIAC-) Affiant further says that the said Lake 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. Katrina Elsken Muros Sworn to and subscribed before me by means of physical presence or. _ online notarization, this tZ day of 'tom rc U a AD Notary Public, State of Florida at Large ; SU - r S � 4c� M`( COMiJtiSSIOtd # h{I-112y1ho c; -idod Thru Notary Public Und rt' Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 CITYOFOKEEOLOBEE PUBLIC NOTICE CONSIDERATION OFADOPTING A CITY ORDINANCE NOTICE s HERESY GIVEN that rwthe Qy Cou rdl of the GLy of of eed,obeE wn oxhrhxt a Ri>� Hairtrt' gg an .laary 18, 202222,, at fi PiN, a as slon thera>Ibrpo�sble, Lv.Hal 55SE3rdAve,Ol�ihobee F4b�oxhsNerPolal 2adrg faradopbon of Cthhee fo�waahg Ordthanoe hb lavv (No.1232): AN ORDINANCE OF THE CLTY OF OI�ECiiDBFF RARIDA7 VA" CATING AND ABANDDFBNG CETTTAIN RIGHISOF-WAY BE M AN UNIMPROVED PORTION OFAN ALLEYWAY LYING WITHIN BLOCK 121, C[FY OF OIt:EEQ108E� ACCDRI) TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK $ PAGE S, PUBLIC RECORDS OF OM -08 REQLR,FOIIDAS(0EIONO21AG2-ASGEA NON-EXCLUSIVE EASEMENT FOR PUBLIC U711.ITffi PURPOSES' DIRECRNG THE CITY CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF THE CIRCUIT COURT IN AND FOR OKEECHOBEE CWNTY, Fi_ORIDX PROVIDING FOR CONFLICT PROVIDING FOR SEVERABIIILY, PROVIDING FOR AN EFFECTIVE DATE The pubic is W-ed and ghmuragea b1 atbaid. The Mposed ordnarhae on be at Ov addrem above dd" regular bsihm hours, Mlonfd, 8 4inklays, or viewed on the wets h4&11vN+w.� BEADVLSEDthatsfgtkl�oyticoeuhtrrrdt msfio+aan,�doaNMPldure'—, or trlrstotheOXYCotsrcll h supportoropposLbn ofths llem; a mp/ ofthe doaima* vida�, a l�n mu4 be prrn4dedl to Ure CAy Oats for the btlieCity Coundlwjb)�e[k�ynAteerr. Edawedat�ft..'g�'d creed to er&n a verbaum reoad of the p ucee ng is made and the record iAdes the �W6rorN and eAdeihce ugh vAhdh the appeal will be based. In a ��eedwdaaAlIh the Amheri am wLh Drsabi )e PcC Pesaes wkh �bdties reeft15 dedcS,a0M oRolroDdatlon to l",!:3in414s mpatred:Fonda Rda/ T1noCubanfourGdne.$dayspdorto Bf• OLY Clerk lane G?�, Ch1C - SISS12M 1/51M22 '(rl 00o"ft wal -(.-'r - Azov