2024-06-04 VI.B. Ex.5 • •
Exhibit 5
06/04/2024S _ VI.
ORDINANCE NO. 1290 �{
AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA;VACATING,AND
ABANDONING A PORTION OF NORTHWEST 5TH AVENUE (FORMERLY
KNOWN AS OSCEOLA STREET) BETWEEN BLOCKS 46 AND 47,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA, AS SUBMITTED IN ABANDONMENT OF RIGHT-OF-WAY (R-O-W)
PETITION NO.24-001-SC;PROVIDING FOR RESERVING UNTO THE CITY,ITS
SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC
UTILITIES PURPOSES; PROVIDING FOR 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 R-O-
W Petition No. 24-001-SC submitted by the property owners,Jay and Stephanie Walpole.
for the vacating and abandoning of a certain R-O-W as described in this Ordinance;and
WHEREAS, Petition No. 24-001-SC was reviewed and discussed by the City of Okeechobee
Technical Review Committee at a duly advertised public meeting held on April 18,2024,and
based on the findings recommends approval to the Planning Boarding:and
WHEREAS, Petition No. 24-001-SC was reviewed and discussed by the City of Okeechobee
Planning Board at a duly advertised Public Hearing held on May 16, 2024, and it was
determined that such Petition met the required findings, is consistent with the
Comprehensive Plan,and recommends the City Council adopt the Petition;and
WHEREAS, the City Council considered Petition No. 24-001-SC, the recommendations from the
Technical Review Committee and Planning Board, and finds the Petition to be consistent
with the Comprehensive Plan, the R-O-W is not the sole access to any property.
abandonment is in the best interest of the citizens and provides a benefit to the City of
Okeechobee: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;that:
SECTION 1:The dedicated R-O-W 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 NORTHWEST 5TH AVENUE(formerly known as Osceola
Street)LYING SOUTH OF NORTHWEST 9TH STREET(formerly known as Fifteenth
Street), NORTH OF THE CSX RAILROAD TRACK, EAST OF LOTS 1 AND 26 OF
BLOCK 46, AND WEST OF LOTS 13 AND 14 OF BLOCK 46, OKEECHOBEE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5,PAGE 5,
AS RECORDED IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA.
SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors
and assigns, a perpetual, non-exclusive Easement as a special condition requested by
Florida Power and Light and CSX Railroad,to wit:
Reserving an easement for all that portion of Northwest 5th Avenue (formerly
known as Osceola Street)lying South of Northwest 9th Street(formerly known as
Fifteenth Street), North of the CSX Railroad track, East of Lots 1 and 26 of Block
46,and West of Lots 13 and 14 of Block 46,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.1290,Page 1 of 3
• •
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 effective upon final adoption on second
reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 4th day of June 2024.
Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler:
Council MemberNice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R.Watford.Jr.
Mayor
ATTEST:
Lane Gamiotea,CMC
City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 2nd day of July 2024.
Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler
Council MemberNice Mayor Clark: _
Council Member Janie!:
Council Member McAuley:
Mayor Watford:
Dowling R.Watford Jr.
Mayor
ATTEST:
Lane Gamiotea.CMC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J.Fumero,City Attorney
Nason Yeager Gerson Harris&Fumero,P.
Ordinance No.1290,Page 2 of 3
• •
ORDINANCE NO. 1290 EXHIBIT A
The following excerpt is from the City of Okeechobee Subdivision May to identify the portion of street
to be abandoned as requested by Petition No.24-001-SC,the subject property is recorded in Plat
Book 5,Page 5,Okeechobee County Public Records:
TH ST
rn
27 28 29 K 30
a
.d..._t 3 •.1 • !tl•_ ... .._J-I._20; : tl 4:�:t 1 Lf:6:_Jr
Z Z n S
N.W. LOTH ST ;n
40 OKEEOHOBEE :,
N.W. 9 TH ST
4a7 f
45 46 48
51C 17 1t8 CSX TRANSPORTATION,,NC RAtLROAO
1 I- t- I I 1 I I I I I I
. - - N.W.8 TH ST
, u
12 2 •
w 13
64 63 - 62 .E 61 = 60 59 58
•
n 3
a i ,
Petition#24-001-SC abandons the N.W. 7TH ST
W
portion of NW 5th Avenue lying South
of NW 9'h Street,
North of the railroad tracks.
East of Lots 1 and 26 of Block 46.and
West of Lots 13 and 14 of Block 47
OKEECHOBEE,Plat Book 5,Page 5.
Ordinance No.1290,Page 3 of 3
• •
`41 Of OK Ef.�
CITY OF OKEECHOBEE, FLORIDA
_~ m= PLANNING BOARD
MAY 16, 2024
SUMMARY OF BOARD ACTION
CALL TO ORDER
In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called
the May 16, 2024, regular meeting of the Planning Board for the City of Okeechobee
to order at 6:05 P.M. and instructed those present to appoint a Chairperson Pro-
Tempore to preside over the meeting. By consensus of the Board, Member Berlin
was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore
Berlin.
II. ATTENDANCE
Roll was taken by Board Secretary Patty Bumette. Board Members Phil Baughman,
Carl Berlin, Jr. (serving as Chairperson Pro-Tempore), Mac Jonassaint, Jim Shaw
and Alternate Board Member Jon Folbrecht were present.Chairperson Dawn Hoover,
Vice Chairperson Doug McCoy, Board Member Karyne Brass and Alternate Board
Member James Dean Murray were absent. Chairperson Pro-Tempore Berlin moved
Alternate Board Member Folbrecht to voting position.
III. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Member Baughman, seconded by Member Jonassaint to approve
the agenda as published. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation.
IV. MINUTES
A. Motion by Member Folbrecht, seconded by Member Shaw to dispense with
the reading and approve the April 18,2024, Regular Meeting minutes. Motion
Carried Unanimously.
V. CHAIRPERSON PRO-TEMPORE BERLIN OPENED THE PUBLIC HEARING AT
6:08 P.M.
A. Abandonment of Right-of-Way (ROW) Petition No. 24-001-SC, requests to
vacate the portion of Northwest (NW) 5'h Avenue between NW 99h Street and
the Seaboard Coast Line Railroad, CITY OF OKEECHOBEE, Plat Books 1
and 5, Pages 10 and 5, Public Records of Okeechobee County, Florida.
1. City Planning Consultant Ben Smith with Morris-Depew Associates, Inc.
(attending via Phone), briefly reviewed the Planning Staff Report
recommending approval based on the following conditions; Applicant
shall submit an access easement for review by the City Attorney that
provides access to CSX Corp and Seaboard Coast Line Railroad, and
the legal description shall correctly identify the portion of the vacated
area to be granted to Walpole Feed and Supply Co.: and unless
otherwise directed by Florida Power and Light (FPL), Applicant shall
submit a public utility easement for review by the City Attorney that
provides access to FPL. Unless further delineated and directed by FPL,
the legal description shall correctly identify the entirety of the area to be
vacated and the easement shall be authorized by all owners of the
subject property.
2. Mr. Steven Dobbs, Engineer with Newlines Land Consultants,on behalf
of Property Owners Jay and Stephanie Walpole, was present and
available for questions. Member Jonassaint asked how long it would
take to get the two conditions met. Mr. Dobbs responded they would be
taken care of prior to the first City Council meeting.
3. No public comments were offered. For the record, 11 surrounding
property owner notices were mailed,advertisements and one sign were
posted on the subject parcel, with no objections or comments received
to date.
May 16,2024,Planning Board Meeting Page 1 of 2
• •
V. PUBLIC HEARING ITEM A CONTINUED
4. No Ex-Parte disclosures were offered.
5. Motion by Member Folbrecht, seconded by Member Shaw to
recommend approval to the City Council for Abandonment of ROW
Petition No. 24-001-SC, as presented in [Exhibit 1, which includes the
Planning Consultant's analysis of findings and recommendation for
approval]with the following conditions:Applicant shall submit an access
easement for review by the City Attorney that provides access to CSX
Corp and Seaboard Coast Line Railroad, and the legal description shall
correctly identify the portion of the vacated area to be granted to
Walpole Feed and Supply Co.; and unless otherwise directed by FPL,
Applicant shall submit a public utility easement for review by the City
Attorney that provides access to FPL. Unless further delineated and
directed by FPL,the legal description shall correctly identify the entirety
of the area to be vacated and the easement shall be authorized by all
owners of the subject property. Motion Carried Unanimously.
The recommendation will be forwarded to the City Council for
consideration at Public Hearings, tentatively scheduled for June 4,
2024, and July 2, 2024.
CHAIRPERSON PRO-TEMPORE BERLIN CLOSED THE PUBLIC HEARING AT
6:17 P.M.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURMENT
Chairperson Pro-Tempore Berlin adjourned the meeting at 6:18 P.M.
Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Planning Board 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.
May 16,2024,Planning Board Meeting Page 2 of 2
• •
CITY OF OKEECHOBEE, FLORIDA
TECHNICAL REVIEW COMMITTEE MEETING
APRIL 18, 2024
SUMMARY OF COMMITTEE ACTION
CALL TO ORDER
Administrator Ritter called the regular meeting of the Technical Review Committee(TRC)for the
City of Okeechobee to order on Thursday, April 18, 2024, at 10:00 A.M. in the City Council
Chambers, located at 55 Southeast Third Avenue, Room 200, Okeechobee, Florida. The
invocation was offered by Mr. Noel Chandler; followed by the Pledge of Allegiance led by
Administrator Ritter.
II. ATTENDANCE
The following TRC Members were present: City Administrator Gary Ritter, Building Official
Jeffery Newell, Okeechobee County Fire Rescue (OCFR) Bureau Chief Keith Bourgault and
OCFR Deputy Fire Marshal Jessica Sasser, Police Chief Donald Hagan, Public Works
Maintenance Foreman Marvin Roberts, Code Enforcement Officer Anthony Smith, and
Okeechobee Utility Authority Executive Director John Hayford. City Planning Consultant Ben
Smith was present via Zoom. Committee Secretary Patty Burnette and General Services
Secretary Keli Trimnal were also present. Okeechobee County Environmental Health Director
David Koerner, City Attorney Stephen Conteaguero and the Okeechobee County School Board
representative were absent.
III. AGENDA
A. There were no items added, deferred, or withdrawn from the agenda.
B. Motion by Building Official Newell, seconded by OCFR Chief Bourgault, to approve the
agenda as presented. Motion Carried Unanimously.
C. There were no comment cards submitted for public participation.
IV. MINUTES
A. Motion by Building Official Newell, seconded by OCFR Chief Bourgault, to dispense
with the reading and approve the December 21, 2023, Regular Meeting minutes.
Motion Carried Unanimously.
V. NEW BUSINESS
A. Abandonment of Right-of-Way (ROW) Petition No. 24-001-SC, requests to vacate the
portion of Northwest (NW) 5'h Avenue between NW 9'h Street and the Seaboard Coast
Line Railroad, CITY OF OKEECHOBEE, Plat Books 1 and 5, Pages 10 and 5, Public
Records of Okeechobee County. FL.
1. City Planning Consultant Mr. Ben Smith of Morris-Depew Associates, Inc.
reviewed the Planning Staff Report recommending approval based on the following
conditions being met prior to recording the ROW vacation; Applicant shall submit
an access easement for review by the City Attorney that provides access to CSX
Corporation and the Seaboard Coast Line Railroad. The legal description shall
correctly identify the portion of the vacated area to be granted to Walpole Feed
and Supply Co. Unless otherwise directed by Florida Power & Light (FPL). the
Applicant shall submit a public utility easement for review by the City Attorney that
provides access to FPL. Unless further delineated and directed by FPL, the legal
description shall correctly identify the entirety of the area to be vacated. The
easement shall be authorized by all owners of the subject property. Prior to the
City Council Hearing, Planner Smith further recommends a detailed sketch of the
proposed parcel configuration post-abandonment be provided and for it to include
proposed parcel dimensions.
2. No City Staff comments were received.
3. Mr. Jay Walpole, Applicant, and Mr. Steven Dobbs, were available for questions.
There were none.
4. No public comments were offered.
5. Administrator Ritter disclosed he had spoken with the Applicant.
TRC MINUTES,April 18,2024, PAGE 1 OF 2
•
V. NEW BUSINESS ITEM A CONTINUED
6. Motion by Police Chief Hagan, seconded by Building Official Newell, to
recommend approval to the Planning Board for Abandonment of Right-of-Way
Petition No. 24-001-SC as presented in [Exhibit 1, which includes the Planning
Consultant's analysis of findings and recommendation for approval] with the
following conditions being met prior to recording the ROW vacation:Applicant shall
submit an access easement for review by the City Attorney that provides access
to CSX Corporation and the Seaboard Coast Line Railroad. The legal description
shall correctly identify the portion of the vacated area to be granted to Walpole
Feed and Supply Co. Unless otherwise directed by FPL,the Applicant shall submit
a public utility easement for review by the City Attorney that provides access to
FPL. Unless further delineated and directed by FPL, the legal description shall
correctly identify the entirety of the area to be vacated. The easement shall be
authorized by all owners of the subject property. Prior to the City Council Hearing.
Planner Smith further recommends a detailed sketch of the proposed parcel
configuration post-abandonment be provided and for it to include proposed parcel
dimensions. Motion Carried Unanimously.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time.
VII. ADJOURNMENT
Administrator Ritter adjourned the meeting at 10:13 A.M.
Submitted by:
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,April 18,2024, PAGE 2 OF 2
• •
24-001-SC
Right-of-Way Abandonment Staff Report
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Applicant Jay Walpole
Parcel Identification ' 3-15-37-35-0010-00460-0010, 3-15-37-35-
0010-00460-022A, 3-15-37-35-0010-00470-0100
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• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
General Information
Owner:Jay Walpole
Applicant:Jay Walpole
Primary Contact/Agent:Jay Walpole, (863)634-1066, missy8062@yahoo.com
Parcel Identification: 3-28-37-35-0050-00340-0030,3-28-37-35-0050-00340-0050, 3-28-37-35-0050-
00340-0110
Description of Subject Right-of-W-
ALL THAT PORTION OF NORTHWEST 5TH AVENUE (FORMERLY OSCEOLA STREET) LYING NORTH OF THE
RAILROAD RIGHT-OF-WAY AND SOUTH OF NORTHWEST 9TH STREET(FORMERLY FIFTEENTH STREET),
ACCORDING TO THE PLAT OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 5 AT PAGE 5 OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Future Land Use, Zoning, and Existing Use of Surrounding Properties
Future Land Use Zoning Existing Use
North Multifamily Residential; Multifamily Residential ROW (NW 9th Street); Apartment
Single Family Residential Complex
South Single Family Residential; Industrial Railroad
Industrial
East Industrial Industrial Manufacturing and Distribution
West Industrial; Single-Family Industrial Manufacturing and Distribution
Residential
Description of Request and Existing Conditions
The request for consideration by the City of Okeechobee Technical Review Committee is an application to
abandon the section of NW 5th Ave that runs in between Block 46 and Block 47, north of Seaboard Coast
Line Railroad, and south of SW 9th Street. The alley is ±70 feet wide by ±247 feet long, totaling
approximately 17,290 square feet (0.4 acres). The Applicant owns three of the abutting parcels and
CSX/Seaboard Coast Line Railroad owns the other two abutting parcels. Please see Exhibit 1 below for the
existing parcel configuration and Exhibit 2 below for the proposed parcel configuration post-
abandonment.
With the exception of FP&L, all utilities have provided sign off, indicating that no equipment is located in
the area to be vacated and no easements are requested. FP&L has not provided confirmation that
equipment does or does not exist in the ROW and has not indicated whether an easement will be
necessary.
The applicant has provided an email from a CSX representative stating that, "CSX does not object to the
closure of the street as long we get the perpetual easement to access our tracks".
CITY OF OKEECHOBEE MORRISM.1.1111111
DEPEW
• ,
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
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t Jay L.Walpole
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Exhibit_. -,,.—,,,, : rcel Configuration u.:.: Area to be A,andon,_I
CITY OF OKEECHOBEE 2 MORRIS
DEPEW'
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
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Exhibit 2:Proposed Parcel Configui.ation ,-—st-Abandonment
Consistency with LDC Section 78-33
City LDC Section 78-33 requires that applicants for right-of-way vacation requests must address the
following standards. The applicant's responses to the standards are provided below, followed by staff
analysis.
1) Proposed vacation is consistent with the comprehensive plan.
Applicant Response:The requested right of way is currently not used for access or utilities, there
is a mention of right of way in the City's Comprehensive plan with reference to access and proper
traffic flow. Since this right of way ends at the railroad right of way and only allows for access to
adjoining landowners, it would be feasible to abandon. The LDR's mention of Right of Way in
section 78-32,which describes the uses of right of way within the city, also in section 78-33 which
describes vacation of right of way requirements.
Staff Response: In response to the criteria,the City of Okeechobee Comprehensive Plan does not
provide any standards or regulations regarding abandonment or vacation of rights-of-way. In
CITY OF OKEECHOBEE MORRIS 1---,
1111.111DEPEW
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
response to the applicant's statement, FPL has not confirmed that the ROW is free of any FPL
equipment.
2) Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an
easement.
Applicant Response: The right of way is not sole access to any property and a remaining land
will have access by easement. Copy of easement provided.
Staff Response:The subject ROW is the sole public access to the parcel identified by parcel ID#3-
15-37-35-0010-00460-0220. However,that parcel is also accessible by contiguous parcel 2-16-37-
35-0A00-00005-0000,which is under common ownership by CSX.
3) Proposed vacation is in the public interest and provides a benefit to the city.
Applicant Response: The proposed vacation of the right of way is within the block that the
applicant would like to add into his operation, so this vacation will allow the existing ROW square
footage to add additional property to the applicants property and return tax rolls.
Staff Response: In addition to adding property to the City's tax rolls,vacating the right-of-way will
transfer maintenance and liability responsibilities to a private property owner who already has
equipment located within this ROW.
4) Proposed vacation would not jeopardize the location of any utility.
Applicant Response: There may be utilities within the requested abandonment. These will be
protected with the easement attached.
Staff Response: The submitted draft easement provides an access easement to CSX. It is
recommended that a separate public utility easement be provided for FPL equipment. As FPL has
not indicated where equipment is or is not located, a PUE should cover the entire area to be
vacated, including the portion that will be granted to CSX.
CITY OF OKEECHOBEE 4 MORRIS
DEPEW
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Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
Recommendation
Based on the materials provided by the applicant and the above analysis, we find that the request to
vacate the subject right-of-way is consistent with the City's Comprehensive Plan,the requirements of Sec.
78-33, and is not injurious to the adjacent property owner. Staff recommend approval of this request
subject to the following conditions being met prior to recording the right-of-way vacation:
1. The applicant shall submit an access easement for review by the City Attorney that provides
access to CSX Corp and Seaboard Coastline Railroad. The legal description shall correctly identify
the portion of the vacated area to be granted to Walpole Feed and Supply Co.
2. Unless otherwise directed by FP&L,the applicant shall submit a public utility easement for
review by the City Attorney that provides access to Florida Power& Light. Unless further
delineated and directed by FPL,the legal description shall correctly identify the entirety of the of
the area to be vacated.The easement shall be authorized by all owners of the subject property.
The City's Technical Review Committee met and reviewed this application on April 18, 2024, and
recommended approval subject to all above conditions being met.
Submitted by:
Ben Smith, AICP
Director of Planning
May 1, 2024
City of Okeechobee Planning Board May 16, 2024
Supplemental Exhibits
CITY OF OKEECHOBEE 5 MORRIS
DEPEW
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Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
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Figure 3:Existing Zoning Map
CITY OF OKEECHOBEE 6 MORRIS
DEPEW
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Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
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LAND USE CLASSIFICATIONS
RAILROAD CENTERLINE
HOPKINS MEANDER LINE
RAILROAD CENTERLINE
flu_boundary_lines
lot line
flu_background_parcels
SINGLE-FAMILY RESIDENTIAL
MIXED USE RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
- COMMERCIAL
INDUSTRIAL
PUBLIC FACILITIES
Exhibit 4:Existing Future Land Use Map
CITY OF OKEECHOBEE 7 MORRIS
DEPEW'
110
•
` '• "/, CITY OF OKEECHOBEE
General Services Department
55 Southeast 3rd Street
Okeechobee, Florida 34974
863-763-3372 X 9824
Fax:863-763-1686
ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO.
Application fee (non-refundable) Date Fee Paid: Ia-a-i o -ll Receipt No: 5-p n7,.
$600.00 TRC Meeting: I ' Publication Date:
t (� Letters Mailed: 4 7^
Note:(Resolution No.98-I1)Schedule of Land
Development Regulation Fees and Charges PB/BOA Meeting: r� Publication Dates:
When the cost for advertising publishing and J—I 1Q-a' Letters Mailed:
mailing notices of public hearings exceeds the
established fee,or when a professional City Council 1st Reading:6 ti_c7t1 CMR Letter E-mailed:
consultant is hired to advise the city on the
application,the applicant shall pay the actual 111
City Council Public Hearing: 7 -(1 Publication Date:
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:
ALL THAT PORTION OF NORTHWEST 5TH AVENUE (FORMERLY OSCEOLA STREET) LYING NORTH OF THE RAIL-
ROAD RIGHT-OF-WAY AND SOUTH OF NORTHWEST 9TH STREET(FORMERLY FIFTEENTH STREET),
ACCORDING TO THE PLAT OF OKEECHOBEE, AS RECORDED IN PLAT BOOK S AT PAGE S OF THE PUBLIC
RECORDS OF OKEECHOBEE COUNTY, FLORIDA.
Note: Upon abandonment of a right-of-way in the City of Okeechobee or First Addition of City of
Okeechobee Subdivision's,there may be a Fee Simple Interest from the Hamrick Trust. For
more information contact Gil Culbreth, 3550 US Hwy 441 South, Okeechobee, Florida 34974,
863-763-3154.
Purpose of the Right-of-Way Abandonment:
The client needs the use of this street for his business.
REV 4/22
• .
PETITION NO. 1 -oOI"S�'t..
f Name of property owner(s): Jay Walpole
Owner(s) mailing address: PO BOX 1723,0KEECHOBEE,FL 34973-1723
Owner(s) e-mail address: missy8062@yahoo.com
Owner(s) daytime phone(s): 863-634-1066 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 of right-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 11x17. (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)
� I
f -
Confirmation of Information Accuracy
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
impriso ent of up to 30 days and m result in the summary denial of this etitio .
ham--ice��14-P 24 29/
,, Jay Walpole Stephanie Walpole
Signature I Printed Name Date
REV 4/22
• •
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:
1. Proposed vacation is consistent with the Comprehensive Plan:
The requested right of way is currently not used for access or utilities.there is a mention of right of way in
the City's Comprehensive plan with reference to access and proper traffic flow. Since this right of way ends at
the railroad right of way and only allows for access to adjoining landowners,it would be feasible to abandon.
t he t.uR's mention right of way in section 78-32,which describes the uses of right of way within the taty,also
in Section 70 33,wliieh dts,.i rtsvaeati,n,of right of way requi,moments.
2. Right-of-way to be vacated is not the sole access to any property,and the remaining
access is not an easement:
The right of way is not sole access to any property and a remaining land will have access by
easement.Copy of easement provided.
3.Proposed vacation is in the public interest and provides a benefit to the City:
The proposed vacation of the right of way is within a block that the applicant would like to add into his op-
eration,so this vacation will allow the existing ROW square footage to add additional property to the ap-
plicants property and return the property to the tax rolls.
4. Proposed vacation would not jeopardize the location of any utility.
There may be utilities within the requested abandonment.These will be protected with the easement at-
tached.
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 4/22
Walpole-NW 5th Avenue Abandonment
Abandonment and Owner Identification Exhibit
:1117°5-7-;r7,71,47!--1,;167.1, 7104.77.77711r).7 .-- ' 4*. - I i si•-r* . . ''''"*?-44 TOM.t4:1 I -s---,s
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Pre pared B and Return to I I' "III'III"IIII IIII'11111 IIII IIII
P y FILE HUM 2017006368
John D. Cassels, Jr. Esq. OR BK 792 E G 968
Cassels & McCall SHARON ROBERTSON, CLERK & COMPTROLLER
OKEECHOBEE COUNTY, FLORIDA
P.O. Box 968 RECORDED 06/22/2017 03:52:13 PM
Okeechobee, Florida 34973 RECORDING FEES $10.00
RECORDED BY M Pinon
Ps 968; (1 vs)
Parcel ID Number: 3-15-3 7-3 5-0010-00460-0010
CORRECTIy WARRANTY DEED
THIS WARRANTY DEED made this I'I- day of June, 2017, between OKEECHOBEE ASPHALT &
READY MIX CONCRETE,INC.,a Florida corporation whose mailing address is PO Box 1994,Okeechobee,FL
34973,hereinafter called the GRANTOR,to JAY L.WALPOLE and STEPHANIE WALPOLE, a married couple,
whose mailing address is PO Box 1664, Okeechobee, FL 34973, hereinafter called the GRANTEE:
(Wherever used herein,the terms "Grantors" and "Grantees" 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$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,to-wit:
LOTS 1,2,3 AND 4,BLOCK 46, OKEECHOBEE,ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
SUBJECT TO restrictions, reservations and easements of record, if any.
and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of
all persons whomsoever.
* Singular and plural are interchangeable as context requires.
IN WITNESS WHEREOF,the said GRANTOR have executed this Deed the day and year first above written.
Signed, Sealed and Delivered in our presence:
OKEECHOBEE ASPHALT& READY MIX
CONCRETE, INC., a Florida corporation
• C� By:
• TjjE SS-Si gn:ure OBERT P. GENT, Vice President
U'LVI,h aIL
1" Witness-Print ame
WITNESS- ature
ep 4t.,
7 Witness-Print Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this l UBER 1 P.
GENT, as Vice President of Okeechobee Asphalt& Ready Mix Concrete, Ir who is personally knowme,or has
produced ) as identification.
c Notary PuWc State of''-
Kann fVTlmOns
Coenmisslon FF 9o_
OT RY P BI,1C �, e( GCS, 0607/2oifl
ABSTRACTOR'S NOTE: THIS DEED IS BEING EXECUTED AND GIVEN TO CORRECT AN ERROR IN
THAT CERTAIN WARRANTY DEED RECORDED IN O.R.BOOK 785,PAGE 903,PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
9 1 84-3 03 3 03.W PU
• .
Prepared By and Return to 11111111111111111111111111111111
11111111111IIIIIIIIIIIIIIIIIIII IIII 1111
John D.Cassels,Jr. FILE MIUH 2CO I.8O 1 Ct2S6
Cassels&McCall CIIR K 811 FG 1971
P.O.Box 968 SHARON ROBERTSON, CLERK 6 COMPTROLLER
Okeechobee,Florida 34973 OKEECHOBEE COUNTY, FLORIDA
RECORDED 08/10/2018 03:40:06 PM
Parcel ID Number(a):3-15-37-33-0010-00460-0010 RET R10.00
h'.ECOkD1NG FEES 410,00
DEED DOC t0.70
RECORDED BY G Meubourn
F's 19711 (1 cal
OUIT CLAIM DEED
THIS QUIT CLAIM DEED executed this _10-.day of August,2018,by OKEECHOBEE ASPHALT
&READY MIX CONCRETE,INC.,■Florida corporation whose mailing address is PO Box 1994,Okeechobee,
FL 34973, first party,to JAY L.WALPOLE and STEPHANIE WALPOLE,a married couple,second party.
(Wherever used herein,the terms "first party" and "second party"shall include singular and plural,heirs, legal
representatives and assigns of individuals and the successors and assigns of corporations,wherever the context so
admits or requires.)
WITNESSETH:
That the said first party,for and in consideration of the sum of S 10.00 in hand paid by the said second party,
the receipt whereof is hereby acknowledged,does hereby remise,release and quit claim unto the said second party
forever,all the right,title,interest,claim and demand which the said first party has in and to the following described
lot,piece or parcel of land,situate,lying and being in the County of OKEECHOBEE,State of Florida,to wit:
THE NORTH 14 OF ALLEYWAY LYING SOUTH OF LOTS I,2,3 AND 4,INCLUSIVE,ALL IN BLOCK
46,CITY OF OKEECHOBEE,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN
PLAT BOOK 5,PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA.
TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining.
SUBJECT TO restrictions,reservations and casements of record,if any.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances[hereunto belonging
or in any wise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of the said first
party,either in law or equity,to the only proper use,benefit and behalf of the said second party forever.
IN WITNESS WHEREOF the said first party has signed and sealed these presents the day and year first
above written.
Signed,Sealed and Delivered in the presence of:
p, _ —
ature of Witpes ROBERT P.GENT,Vice President
R.e C
Printed Name of Witness
Sa r of lWitness
r�,s l�O 2-
Printed Na c of Witness
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this 10 day of August,2018,by ROBERT P.
GENT,as Vice President of Okeechobee Asphalt&Ready Mix Concrete,Inc.its who is personally known to me,
or o who have produced as identification.
(Seal
OTAR UBLICIC _My
OJEZ
Commission Expires: OMMSTEPHANIE SIOGOO
P MY COMMISSION•rc wslsl
. `rty�� sa,we Tn,,.,.arr P,rr urn.w...•
91 t4-30349t.WPD
Book811/Page1971 CFN#2018010256 Page 1 of 1
• •
1IIIIII IIIII IIIII IIIII IIIII Iilll IIII IIII
FILE NUM 2017000891
Prepared By and Reran to OR BK 785 PG 905
John D.Cassels,Ir.Esq. SHARON ROBERTSON, CLERK I COMPTROLLER
Cm-wiz OKEECHOBEE COUNTY, FLORIDA
P O Box96g RECORDED 01/30/2017 02:58:07 PM
AMT $10.00
Okeechobee,Florida 34973 RECORDING FEES $18.50
Nrcal ID Number 3-11a7-35-0010d046o4J2A DEED DED BY.
RECORDED BY S 570 Creech
Pss 905 — 906( (2 pss)
WARRANTY DEED
THIS WARRANTY DEED mode this It day ofJanuay,2017,between FT.DRUM CORPORATION,
•Florida corporation,whose mailing ddeese is 269 NW 9a Avenue,Okeechobee,FL 34972,hereinafter called the
GRANTOR to JAY L.WALPOLE,a learned mac whose mailing address Is PO Boa 1664,Okeechobee,FL 34973,
hereinafter called the GRANTEE:
(Wherever Teed herein,doe tree.`Orator•and•Ora tees•include All the parties to die instrument,and the
Min,legal repreetaivn and uslg n of hdividrh and tV aaeraar and yaigns of corporations).
W1TNESSE7H:
That the GRANTOR,for and in caaideeauon of the turn of 310.00 and other valuable considered one,receipt
whereof is hereby acknowledged,hereby grans,hyaline,eel's,aliens,remises,releases,conveys and confirms unto
the GRANTEE,all that certain land aittate in Okeechobee County,Florida,to-wit,
A PARCEL OF LAND LYING IN SECTION l6,TOWNSHIP 37 SOUTH,RANGE 37 EAST,OKEECHOBEE
COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED IN ATTACHED EXHIBIT'A'.
end aid grantor doe hereby fully wwrat the title to•aid land,and will defend the same agairat the!Awful claims of
all pawn'chansoever.
•Singular And plural are intcrdangeat le as context requuex
IN WITNESS WHEREOF,the said GRANTOR have executed this Deed the day end year fiat above written.
— FI'. M C ORATION, a Florida
"ViB/4/S/ corpo 8 n
BY:
je/S eet)A s 1 r «— ey L. pole i ident
Pent Wi N
W S
FinAcI/
Print Wibw Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Tine foregoing instrument wee acknowledged before me this /7 day of January 2017,by JAY L
WALPOLE,M Vke Prvldeat oITT.DRUM CORPORATION,a Florid.co rpen toe,who is personally known
to me.
MARGARET COOK
• MY COMMISSION RFF 1 14480
N ARY P IC ��/by ",// EXPIRES June 14.201B
y Commission Expires: �ne / (Scull
(.m)snot o rtnndwaoffNniee.00m
rr II REALM CIRTVIID THAT WE RA VI FIREARM mom DYeTRUMINT FROM BeFORMAT,Ort MVO,TO to BY THE
PARTIES HERETO.WE DO NOT GUARANTEE EIRJIR MARKETABILITY OF TITLE,ACCURACY OP DISQWTIOH OR
I:CAPRTTY OF LAND Al WI DID HOT O[AMDR THE TITLE TO THE PROPERTY INVOLVED.
91 64r15.e0.WPD
Book785/Page905 CFN#2017000891 Page 1 of 2
• •
MUTEST•A'
BEING A FARM.OF LAND LYING IN SECTION 16,TOWNSHIP 37 SOUTH,RANGE 35 EAST,
ONEECHOBEECOUN1Y,FLORIDAANDLYING50.00FEE1NORTHOFANDPARAI[FL WITH
THE CENTERLINE OF THE CSX RAILROAD MAIN TRACK AND LYING IN AND C0MPRISING
A PORTION OF BLOCK 46,ONEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 5,PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE INT RSECTION OF THE CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY
WITH THE EAST BOUNDARY LINE OF LOT 26 EXTENDED NORTH,OF SAID BLOCK 46,
OKEECHOBEE,SAID POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF N.W.51"AVENUE;
THENCE BEAR SOQ'00'00'E,ALONG SAID WEST RIGHT-OF-WAY LINE,AND ALONG SAID
EAST BOUNDARY LINE,FOR A DISTANCE OF 80.26 FEET TO A POINT LYING 50,00 F EE1
NORTH OF SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK; THENCE BEAR
S89'54'25'W,ALONG A LINE LYING 50.00 FEET NORTH OF AND PAR AI I Fl WITH SAID
CENTERLINE OFT ECSXRAILROADMAINTRACK,FORADIST'ANCEOF250.00FEETTOTHE
INTERSECTION WITH THE WEST BOUNDARY LINE OF LOT 22 OF SAID BLOCK 46;THENCE
BEAR N00'OOOO'W,ALONG SAID WEST BOUNDARY LINE,FOR A DISTANCE OF 50.26 FEET
TO THE INTERSECTION WITH SAID CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY;
THENCE NC E BEAR N89'54'22 B ALONG SAID CENTERLINE,FOR A DISTANCE OF 250.00 FEET TO
THE POINT-OF-BEGINNING.
CONTAINING 0.46 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY AND ALL.
EASEMENTS,RIIQTRICTTONS,RESERVATI0NS AND/OR RIGHTS-OF-WAY OF RECORD,IF ANY.
91114.11.15411.1.19
Book785/Page906 CFN#2017000891 Page 2 of 2
• •
IMmNYI11 NGMIIIanIIIell
FILE NUM 2004OO?SL7
OR eI 00532 FG 0847
Prepared by and return to. SHARON ROBERTSON. CLERK OF CIRCUIT COURT
1.Stephen Tierney,❑l OKEECHOBEE COUNTY, FL
Neill.Griffin.Fowler.Tierney. RECORDED 05/21/2004 03,I4.02 PM
Neill d Marquis RECORDING FEES 6.00
Pon Office Box 1270
DEED DOC 0-70
Fon Pierce,Flonda.4954 RECORDED BY ri Anuez
THIS QUIT CLAIM DEED, executed this .S day of /t'1 , 2004, by
Seminole Land Co., a Florida corporation, grantor, to Walpole Feed and Supply Co., a Florida
corporation,grantee,whose post office address is 2595 NW 8rn Street,Okeechobee,FL 34972.
Wherever used herein,the terms"grantor"and"grantee"shall include singular and plural,
heirs,legal representatives,and assigns of individuals,and the successors and assigns of
corporations,wherever the context so admits or requires.
Witnesseth: That the said grantor,for and in consideration of the sum of S 10.00,in hand paid
by the grantee,the receipt whereof is hereby acknowledged,does hereby remise,release, and quit-
claim unto the said grantee forever, all the right, title, interest, claim and demand which the said
grantor has in and to the following described lot,piece or parcel of land, situate, lying and being in
Okeechobee County, Florida,to wit:
The North 85.05 feet of Lots 14 thru 19,Block 47,Okeechobee,according to the plat /`f F t7
thereof recorded in Plat Book 5,Page 5,of the Public Records of Okeechobee County, .04...
ir F/
Florida,
AND
Lots 10 thru 13,Block 47,Okeechobee,according to the plat thereof recorded in Plat " '
Book 5,Page 5,of the Public Records of Okeechobee County,Florida. e-.
It is the intention of this Deed to convey all of the Grantor's interest in the subject property
to the Grantee herein.
TITLE TO THE SUBJECT PROPERTY HAS NOT BEEN EXAMINED BY THE SCRIVENER.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances[hereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim
whatsoever of the said grantor,either in law or equity,to the only proper use,benefit and behoof of the said
grantee forever.
IN WITNESS WHEREOF,the said grantor ha s signed and sealed these presents the day and year
first above written.
Signed,sealed and delivered
in our presence SrEMINOLLE LA
;I:s j' _ Edwin E.Wal ,as President
nn Na rwim isieGai P.O.Box 1177,Okeechobee,FL 34973
hI GLrs c . 64945
Printed Ns of-Witness
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing was acknowledged before me this S_day of Ati i ,2004,by Edwin E.
Walpole,III,as President of Seminole Land Co.,r•---]who is personally known to me or[ ]who produced
as identification. Everett
r udie
-..o.Commission NC/DB*77i
N Fx ices'Mev 11,2007
6 Name of Notary:
Public-State of F1 'daarrsnnc e a sc.+n_
• • ommisslon Expires:
NEILL GRIFFIN FOWLER TIERNEY NEILL a,MAROUIa
CA KKKKKK la
1..0.eon laso.ioFr PICwCC.•I-Oe,o"a11.0•s TCI-CeHONC(77C,..eaaeoo
y..: . .. ._..�__ _ •
• • ._.
I - .
•
•
•
• ! i ORDINANCE-NO!. '255 R�
• I f '�,� 292PAcE 1192
• AN ORDINANCE ZACATING AND CLOSING THE FOLLOWING DESCRIBED ALLEY..
WAY IN THE CITY OF OKEECHOBEE, FLORIDA.
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BE IT ENACTED BY THE MAYOR AND COUNCIL OF ¶IRE CITY OF OKEECHOBEE,
• FLORIDA, THAT:
SECTION ONE. From and after the date this ordinance becomes
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effective, the following described all Way shall be vacated
and olesedi.
All of that unnamed twenty (20) feet alleyway, running
East and Rest through Bleck 48 of the town of Okeechobee,
Florida, also -
• All of that unnamed twenty (20) feet alleyway, running
East and West through Blocks 47 and 48 of the town of
Okeechobee, Florida, according to plat recorded in Plat
Beek 2, Page 17, of the public records of St. Lucie
County, Florida and also Plat Book 1, Page 10, Records
• .• 11! Okeechobee County, Florida.
SECTION TWO: All ordinances in conflict herewith, be, and the
• aims are hereby repealed.
SECTION THREE: This ordinance shall take effect upon its
passage according to law.
SECTION FOUR: A certified copy of this ordinance shall be
tiled in the Public Records of Okeechobee County,-Florida.
•
Read to full and by unanimous consent, passed to seoeaid
reading.
Read in full and upon second reading, passed in open
•
session this the 5 day of January, 1953. •
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ATTEST: -<—.c.
-CITY
APPEOVHD BY ME, THIS IRE 5 DAY OF JANUARY, 1953i
cute l CSRTIFICAJr er7 Cr "L a - . • ..••
MAYOR
TA1Y UP PLORIDA I
t
COUNTY OP ORESCHOILES 1•l:
CITY OF OLE&CNoata
. I BONNL&&THOYER IfsRERY CERTIFY THAT met the 4*
altr.d Clarke(the atle aw/ . dd bee,Fbrdd.:that th..b.uesod
L a 4w end somma copy ta/a Ot+taar't the ordeal o/raklri 4 ee I%Is the
CO"ar thw as,a.ri of SUMP el Okeetfiebee,Florida
IN WITMER"aIIZEROP I A.u.lj ntenm Roy heed and affixed the
JITIcita eta el*Oa city.
th/. Irt Tdeeof D.t)
•
BONNIE i SHOMAS
CITY CLERK
i
FILED FOR RECORD
OKEECHOB�E COUNTY.FL
19 5 5 5 5 083 JJIG 21 PR I 115
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