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1290_ROW Petition #24-001-SC_NW 5th Ave Official Records File#2024007376 Page(s):3 Jerald D Bryant Clerk of the Circuit Court&Comptroller Okeechobee, FL Recorded 7/3/2024 9 53 AM FCC's. RECORDING$2700 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 11111 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: X Council Member/Vice Mayor Clark: X Council Member Jarriel: X Council Member McAuley: X Mayor Watford: X Dowli W ford, Jr. Mayor ATTEST: Lane Gamiotea, CM 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: x Council Member/Vice Mayor Clark: X Council Member Jarriel: x Council Member McAuley: X Mayor Watford: X V /7(r' Dowli, R. Wa ord,Jr. Mayor ATTEST: Lane Gamiotea, C C City Clerk REVIEWED FOR LEGAL SUFFICIENCY: R. Gregory Hyden, City Attorne • Nason Yeager Gerson Harris & Fum y , P.A. 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 III 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: NN WE S N.W. 11 TH ST w Q > V1 < 27 28 29 30 , Z Z 6 N.W. 10TH ST up 2 40iDKEE0H0BEE 5 -.- - s . 9 6 N.W. 9 TH ST 1 1 2 ,- •. n ':, 0 a • a , �� 9 is 17 2 QypyQ -i• - - - -� 4`5 46 4 51e 17 - 147 CSXTRANSPORTATION.INC RAILROAD lb I P 1 1 18 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 N.W. 8 TH N-W. 8 TH ST -s if 1.1 L.1 ' 1. , lu , QQ 7 ., 1: i Q 64 , 63, 62 = 61 60 59. = 58;, • Z Z , Petition#24-001-SC abandons the N.W. 7 TH ST w portion of NW 51,Avenue lying South of NW 90 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. III Ordinance No. 1290, Page 3 of 3 401 o�ro#� 9 cc ►.►',owl CITY OF OKEECHOBEE, FLORIDA ZI,.-I�.£X'/ a �= ttilk ► JULY 2, 2024, REGULAR CITY COUNCIL MEETING `` MINUTES I. CALL TO ORDER Mayor Watford called the regular meeting of the City Council for the City of Okeechobee to order on July 2, 2024, at 6:00 P.M. in the City Council Chambers, located at 55 Southeast 3rd Avenue (AVE), Room 200, Okeechobee, Florida (FL). The invocation was offered by Pastor Don Hanna of the First Methodist Church; followed by the Pledge of Allegiance led by Council Member McAuley. II. ATTENDANCE City Clerk Lane Gamiotea called the roll. Members present to establish a quorum: Mayor Dowling R.Watford, Jr., Vice Mayor Monica M. Clark, Council Members Noel A. Chandler, Robert "Bob" Jarriel, and David R. McAuley. III. AGENDA AND PUBLIC COMMENTS A. There were no requests for modifications to the agenda. B. Motion and seconded by Council Members Jarriel and Chandler to adopt the agenda as published. Motion Carried Unanimously. C. One public comment card for issues not on the agenda was submitted by Mr. Jason Ferrell, a business owner, who asked the Council to consider a discussion to allow fireworks sales within the City with justification for the request. It was the consensus of the Council to instruct Administrator Ritter to add this as a discussion item to a future Council Meeting agenda. IV. PRESENTATIONS A. Mayor Watford and Police Chief Donald Hagan recognized Officer Ramon Liberato for his years of service. He was presented a pen engraved with his name and a framed Longevity Service Certificate, read into the record as follows: "In recognition of your five years of service, hard work, and dedication to the City, its citizens, and your fellow employees from June 3, 2019, through June 3, 2024." A copy of the certificate and letter were added to the Official Minute File, labeled as Exhibit 11. V. CONSENT AGENDA Motion and seconded by Council Members Chandler and McAuley to: A. Dispense with the reading and approve the June 4, 2024, Regular Meeting Minutes [as presented in Exhibit 1]; B. Approve the May 2024 Warrant Register [in the amounts: General Fund, $601,746.99; Capital Improvement Projects Fund, $374,370.78; Public Facilities Improvement Fund, $52,382.69; Other Grant Capital Fund, $11,620.48, and Industrial Development Grant Fund, $5,500.00 as presented in Exhibit 2]; and C. Authorize Mayor Watford to execute a letter of approval for the distribution funds from the Edward Bryne Memorial Justice Assistance Grant for the Okeechobee County Narcotics Task Force Project, to accompany the Application submitted by the Sheriff's Office [as presented in Exhibit 3]. Motion Carried Unanimously. VI. MAYOR WATFORD OPENED THE PUBLIC HEARING AT 6:13 P.M. A. Motion by Council Member Jarriel, seconded by Vice Mayor Clark to read by title only, proposed Ordinance No. 1290, adopting Abandonment of Right-of-Way (ROW) Petition No. 24-001-SC, that will vacate a portion of Northwest(NW) 5th AVE between NW 9th Street (ST) and the Railroad, submitted by Jay and Stephanie Walpole [as presented in Exhibit 4]. Motion Carried Unanimously. City Attorney Greg Hyden read into the record the title of proposed Ordinance No. 1290 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL; VACATING, AND ABANDONING A PORTION OF NW 5TH AVE (FORMERLY KNOWN AS OSCEOLA ST) BETWEEN BLOCKS 46 AND 47, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK (PB) 5, PAGE (PG) 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL, AS SUBMITTED IN ABANDONMENT OF ROW PETITION NO. 24-001-SC; MINUTES JULY 2,2024,CITY COUNCIL REGULAR MEETING, PAGE 1 OF 4 402 7/ z/aOa JCC ore.W1290 VI. PUBLIC HEARING CONTINUED A. Continued. 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, FL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion by Vice Mayor Clark, seconded by Council Member Jarriel, to adopt proposed Ordinance No. 1290. Mayor Watford opened the floor for public comments, there were none. Roll Call Vote: Chandler —Yea, Clark—Yea, Jarriel—Yea, McAuley—Yea,Watford—Yea. Motion Carried Unanimously. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:15 P.M. VII. NEW BUSNESS A. Mr. Ilan Kaufer of FL Power&Light(FPL)gave a presentation on storm preparedness and the electronic vehicle (EV) charging tariff for stations located on City property. He advised FPL is continuing their line hardening project, with 76 percent of their lines now being underground or hardened and 96 percent of their junctures being either concrete or steel. They have also implemented the usage of drones for line assessment, leading to a quicker response to restore power. Following a storm, power is restored to healthcare, first responders, and shelter facilities first. Then focus is on restoring power to as many customers as quickly as possible. A government portal becomes active two to three days after a storm event, which allows City Staff to share outage and power restoration information to the public that is updated hourly. Mr. Kaufer also added that FPL Staff recently distributed 152 Hurricane Kits to Seniors residing within the City and County through the County Senior Services Department. Administrator Ritter extended the use of the Public Safety Building conference room to FPL Staff during storm events. On the topic of EV charging stations, Mr. Kaufer reminded the Council, when the stations were installed FPL did not have a mechanism to charge customers directly; the City has been billed for the electric and then reimbursed by FPL. They have since switched to a merchant billing system which now allows them to bill the customers directly. The current contract will need to be amended and approved by the Council. This item was for informational purposes. No Official Action was taken at this meeting. B. Motion by Council Member Jarriel, seconded by Vice Mayor Clark to approve naming Mayor Watford as the Voting Delegate for the FL League of Cities Annual Conference on August 15, through 17, 2024, [as presented in Exhibit 5]. Motion Carried Unanimously. C. Motion and seconded by Council Members Chandler and McAuley to renew the Public Risk Management Group Health Insurance [contract for Fiscal Year (FY) 2024-25], with the maximum monthly cost to the City per employee per month of $1,099.07 and include an additional Health Savings Account option 05172/05173 [for employees to choose from, as presented in Exhibit 6]. Motion Carried Unanimously. It was stated by Vice Mayor Clark, with no objections from the rest of the Council, for the record to note that Staff has been instructed to let for bid the employee and dependent health insurance coverage benefits and options for FY 2025-26. D. Motion and seconded by Council Members Jarriel and Chandler to approve increasing the employer contribution toward dependent health insurance coverage from $150.00 to $200.00 per employee per month [as presented in Exhibit 7]. Motion Carried Unanimously. E. As instructed at the March 5, 2024, meeting Staff provided to the Council separately from today's agenda packet, the final Compensation Study including the Benefits Study, completed by Evergreen Solutions, LLC. A copy of the Study was added to the Official Minute file, labeled as Exhibit 12.The Study provided several recommendations.One was to address the employees who are underpaid based on Class Parity, or what the salary should be based on the number of years within the current position, but not total years with the City. Also, distributed at the meeting, and added to Exhibit 12, was a one page document prepared by Finance Director Riedel providing the amount to implement the Class Parity salary adjustments in one FY or spread out the adjustment over three FYs, and provide for a 3.4 percent, or a 4 percent Cost of Living Adjustment (COLA) for all positions. Lastly, a request for personnel changes from Police Chief Hagan to re-implement the Major position and add a Corporal position to be held by a current position (it was clarified this does not add another employee to the Department but provides for a supervisory position for a current position). MINUTES JULY 2,2024,CITY COUNCIL REGULAR MEETING, PAGE 2 OF 4 398 .�LI -cal V. PUBLIC HEARING CONTINUED tIcW W4V°1 B. Continued. City Attorney Hyden read into the record the title of proposed Ordinance No. 1289 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL, UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CITY'S COMPREHENSIVE PLAN AS MANDATED BY FL STATUTES SECTION 163.3177(3)(b); PROVIDING FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Jarriel, to adopt proposed Ordinance No. 1289. Mayor Watford opened the floor for public comments,there were none. Roll Call Vote: Chandler—Yea, Clark—Absent, Jarriel—Yea, McAuley—Yea,Watford—Yea. Motion Carried. MAYOR WATFORD CLOSED THE PUBLIC HEARING AT 6:11 P.M. VI. NEW BUSNESS A. Mr. Anthony Longo of Jupiter, FL gave a presentation on the Warriors Choice Foundation, a proposed residential treatment center to be built in the Northwest(NW) area of the County, for Veterans and First Responders. Housing will be on premises, the length of treatments are based on the individuals' needs, roughly ranging from five days to six weeks. Firearms will not be allowed on the premises. It will be staffed 24-hours a day, 7-days a week, including cameras and security. The Foundation is hoping to break ground in the third quarter of 2025, after acquiring property and completing the permitting process. The Council extended their support for the endeavor. B. Motion and second by Council Members Jarriel and McAuley to read by title only, proposed Ordinance No. 1290, adopting Abandonment of Right-of-Way (R-O-W) Petition No. 24-001-SC that will vacate a portion of NW 5th AVE between NW 9th Street (ST) and the Railroad, submitted by Jay and Stephanie Walpole [as presented in Exhibit 5]. Motion Carried. City Attorney Hyden read into the record the title of proposed Ordinance No. 1290 as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FL; VACATING, AND ABANDONING A PORTION OF NW 5TH AVE (FORMERLY KNOWN AS OSCEOLA ST) BETWEEN BLOCKS 46 AND 47, OKEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FL,AS SUBMITTED IN ABANDONMENT OF RO- 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, FL; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members Jarriel and Chandler to approve the first reading, and set July 2, 2024, as the final Public Hearing date for proposed Ordinance No. 1290. Roll Call Vote: Chandler— Yea, Clark—Absent, Jarriel—Yea, McAuley—Yea,Watford—Yea. Motion Carried. C. The Council deferred discussing Food Truck regulations and possible amendments [as presented in Exhibit 6] to the June 18, 2024, meeting due to Vice Mayor Clark's absence, which was then later deferred to July 2, 2024, during Council Comments. However, the floor was opened for any comments. Administrator Ritter read four options for the Council to consider. A copy of the document will be distributed for Council to review. The document has been added to Exhibit 6. Mr.Jose Cruz of Manny's Sunflowers and Roses Shop and Gift addressed Council regarding the benches on his property for customers to sit while waiting for their Food Truck order. It was his understanding that complaints have been made to Code Enforcement.There is no record of who placed the complaints then cited Florida Statute 162.21(3)(b) which states Code Enforcement complaints may not be investigated if they are anonymous. Mayor Watford clarified the complaints he originally received have been addressed and remedied. His concern is the permanence of Food Trucks on properties. Mr. Cruz pointed out the Taqueria Yanez Food Truck attends multiple events hosted on other properties and the La Granja Food Truck is not a permanent structure because it has its'tires and is not on blocks.There are other properties within the City Limits with Food Trucks that never move but are closed on the weekends. He asked how the number of consecutive days is calculated and whether closing for a certain number of days would satisfy that issue. He ended by adding, his flower shop and the Food Trucks add market competition to the area's other businesses, which is beneficial for both the town's businesses and citizens. JUNE 4,2024, CITY COUNCIL REGULAR MEETING, PAGE 2 OF 3 °� "s�OF•OK4c. CITY OF OKEECHOBEE, FLORIDA V. °mM: 391, a PLANNING BOARD e;,;,, •'� 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 Burnette. 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) 5th Avenue between NW 9th 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 ��p-' .K' �.W' y CITY OF OKEECHOBEE, FLORIDA %°, ;ag 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) 5th Avenue between NW 9th 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 MAY 01 2024 24-001-SC Right-of-Way Abandonment Staff Report - . . ___.. 1 . • ,, !I!ITN91H ST I a� • Si � , T - 1 r - „ I. ii. - _ v' - .-�*-^i li .^, t-of-Way _ to be - _ , — -' - e Ilikummistf _il k' w k '1 . ,. - 11 ,S .70 . __ '�4s L+ CailMili� fa- --J _ � ; • -..-` - - c- --s- - L _ A-'_?s`.---. - . . J-- - ,-- ------ --.• . _ _- __.---- 7 11,011111j... 111.1114 - t 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 40% .oF•o E4cti'$ ;i - + Cori t IL SIP 1P41.1/1/04 Prepared for The City of Okeechobee MORRIS ----- DEPEW Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23..042 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 Legal Description of Subject Right-of-Way 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 1 MORRIS DEPEW Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23.902.AC a = ,, -,� r 'r.•yi. 4. "j l 1,, 1 i7 Limits of Abandonment 247'x 70'(17,290 sf) T • -- •- i 4.'1 • Z 1. �' i or, 1 ' is - - W. ;i1-1*I .Alh'- OVA, 001 - t, lk C ,' Jay L.Walpole c i e �' &Stephanie Walpole '` At - • �, l� �~ • WALPOLE FEED AND SUPPLY CC) I t74:0 I-I I 1 . 1'A:� aN V. l l Z' ant t itill Jay L.Walpole i_ ^#, lila ,. iii rill, , iiit , SEABOARD COAST LINE RAILROAD I .-- -- _. CSX -- v — _ 1111 1111111 ,,i i;..4►!Y '` '•:' As* , t > :4 .e. tr-..... • .J,'",, •1 1 ,Ztt • _ __ ' .5 ie r . ..5e ifs :>�c' •-',.• ,4 s t cxl;i[iif 1: EALsiiuy r-urcel Conjiyurution and ROW Area to be Auundoned CITY OF OKEECHOBEE 2 MORRIS DEPEW Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23-04.2 AC • , .... !ilk,. ?mv1N'T V 25313' 253.13' .c—'• mama.' 4 1111414161HA • ill t -•, Jay L.Walpole o I era Or &Stephanie Walpole ' ALPOLE FEED AND SUPPLY CC) - t ,��•. fO Mkt. ' ,J - , +�.. r 1,!I 1T lit .z _ I N 1LJ .s Jay L Walpo I o 'ilF t IMO . �15 millmmiimaCFARC1ARn COAST I INF RAII Rolm -_'� 5. '� _Y csx -.---- ilk-. Ex,, :_ _ , (opo,__. ,r-cel Configuration Post-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 3 MORRIS DEPEW Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23-0U2-A€ 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 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 Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23-89 -.AL NW 10TH ST N " J ' W4_E u 1:11111111/ n a wJ !s t . e 2 S m Su a ject ROW NW 9TH ST 944,44144166 ,0 6 a t 6 5 . : . , „ '2 .. 7 a r a ] - 3 3 , ZONING 47 IIM ala. '7 4cQ A 1' Z. 23 :1 ._ tt -— •a,wa rrcaw ua 14..0413 t C S X TRANSP -- °......." I I 4 I 4 4 4 4 i + 1 i un,u..,.,'.aao.,., NW 8T H ST r• •.a,COMM. 2 f In; 83 a ,a 62 a F=— " 61 F=- 60 r. „CaK.a..� • .�. __ . CID Ln H r. Q n n :o . . , ..il ,. .. I r 'r I' rt •r r ~ ..ww _ __ '0 7 •7 Y n 9 T ^Figure 3: Existing Zoning Map CITY OF OKEECHOBEE 6 MORRIS DEPEW Right-of-Way Abandonment Request 5/1/2024 Staff Report Petition No. 23-09.2 AC 1 ' 1 I I—. N NW 1Jilt ;; W+E S 4 ! a r a n 4 . 39 1.01111 .- .. . N' :311IS1 4& 7 i 14 11 it 'I . CSX TRANSPOR 1 1 - I 1 I I I I t I I I I I NA 4TH ST H3 cl - a • _ '11;: r] ] 1 LAND USE CLASSIFICATIONS RAILROAD CENTERLINE - - - HOPKINS MEANDER LINE RAILROAD CENTERLINE flu_boundary_lines lot line flu_backg rou nd_parcels SINGLE-FAMILY RESIDENTIAL MIXED USE RESIDENTIAL MULTI-FAMILY RESIDENTIAL In COMMERCIAL INDUSTRIAL PUBLIC FACILITIES Exhibit 4:Existing Future Land Use Map CITY OF OKEECHOBEE 7 MORRIS DEPEW Checklist for Aband it ent of Right-of-my Petition No. 'CC Date Required Information and Attachments Rcv'd Ck'd 1 Application fee (non-refundable) $600.00 Note: (Resolution No.98-11) Schedule of Land Development Regulation Fees and Charges When the cost for advertising publishing and mailing notices of public J ✓ hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application,the applicant shall pay the actual costs. 2 Completed and signed petition ✓ ✓ papa 11 1 z4, 4 3 Copy of recorded deed of petitioner as well as any other property owner whose property is contiguous to the right-of-way. d_ f 4, Letters of Consent or Objection. (If more than one property owner is involved d� 10-1145 _ v and they are not signing the petition). ✓ 5 Location map of subject property and surrounding area within 100' (See d�1�1�ik Information Request Form attached) and dimensions of right-of-way. v' as 6 List of all property owners within 300' of subject property(See Information ANA i' Request Form attached) X), L 7/Site Plan of property after abandonment. (No larger than 11x 17) 3 Ill 54. ;. 8 Utility Companies Authorization Form. See attached) \ 3IZol� 't_ r PL /Cen�u �t, L i(� See a v 6 ' ' 9✓ 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 I la House) �arI REV 4/22 ` b�t f w9.N� 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.c2-I-OOI-SC, Application fee (non-refundable) Date Fee Paid: 16\- a-d.Q Receipt No: f2O74 $600.00 TRC Meeting: / 1_I p-Q1 ( Publication Date: Note:(Resolution No.98-11)Schedule of Land `t (� `-t Letters Mailed: tt/P Development Regulation Fees and Charges PB/BOA Meeting: 011 Publication Dates: When the cost for advertising publishing and `► Letters Mailed: / A,,i mailing notices of public hearings exceeds the established fee,or when a professional City Council 1st Reading:G-l_c71 CMR Letter E-mailed: consultant is hired to advise the city on the application,the applicant shall pay the actual City Council Public Hearing: 7444ublication 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 5 AT PAGE 5 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 rrcd I j21PlaLI S. Dolobs PETITION NO. Name of property owner(s): Jay Walpole Owner(s) mailing address: PO BOX 1723,OKEECHOBEE,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) `7 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/ 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 . / -(,(1440 2 )91 Jay Walpole Stephanie Walpole (a144. Sign.t e Printed Name Date REV 4/22 Prepared By and Return to 1"'LI1 H1111!11i'11!'i11i'!11!li'b1 I!'i 8 John D. Cassels, Jr. Esq. OR BK 792 PG 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 as) Parcel ID Number: 3-15-37-35-0010-00460-0010 CORRECTIY WARRANTY DEED THIS WARRANTY DEED made this I1 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$10.00 and other valuable considerations,receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the GRANTEE,all that certain land situate in Okeechobee County, Florida, to-wit: LOTS 1,2,3 AND 4,BLOCK 46, OKEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. SUBJECT TO restrictions, reservations and easements of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. * Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF,the said GRANTOR have executed this Deed the day and year first above written. Signed, Sealed and Delivered in our presence: OKEECHOBEE ASPHALT& READY MIX CONCRETE, INC., a Florida corporation By: ---- cc's ,c T. r�• T E$,S-Sign• ure OBERT P. GENT, Vice President IJIV�h it u b 4.- 1" Witness-Print ame WITNESS- ature ept'1CL(n.4 e_ (A..t Z 1"d Witness-Print Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this l ` , OBERT P. GENT,as Vice President of Okeechobee Asphalt& Ready Mix Concrete, l> who is personally known to me,or has produced as identification. o�„r spy_ Notory Public Stab of • :. �F Karin Ammons My Commies/on/2019 . ZdBLI L �'►.,...s g V►11 O ) 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. 9I 84-3 03 5 03.W PD Prepared By and Return to 1111111 11111 11111 I'll'1111 11111 11111111 John D. Cassels,Jr. Cassels&McCall Qv: B K 8 1 1 F G 1 9 7 1 P.O. Box 968 SHARON ROBERTSON, CLERK 2- COMPTROLLER Okeechobee,Florida 34973 OKEECHOBEE COUNTY, FLORIDA RECORDED 08/10/2018 03:40:06 F'M Parcel ID Numbers 3-1 5-3 7-3 5-001 0-00460-00 1 0 AMT f10_00 ( )- I;E<'.URDI116 FEES 'b1.0,00 DEED Da $0./0 RECORDED BY 6 Mewbourn F's 1971; (I p9) QUIT CLAIM DEED THIS QUIT CLAIM DEED executed this 10 day of August,2018,by OKEECHOBEE ASPHALT &READY MIX CONCRETE,INC.,a 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$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 'V2 OF ALLEYWAY LYING SOUTH OF LOTS 1,2,3 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 easements of record, if any. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto 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: dt_nature of W nes ROBERT P. GENT, Vice President OIL' k14 i'o—�Vt e_ r Printed Name of Witness Srgna r of Witnesc( ie G Et.126-7 Printed Na c of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this IQ day of August, 2018, by ROBERT P. GENT,as Vice President of Okeechobee Asphalt & Ready Mix Concrete, Inc. Xi who is personally known to me, or 0 who have produced as identification. r41�LI.t�t. Seal OTAR PUBLIC • .���,;.: STEPHANIE GOMEZ My Commission Expires. / '" MY COMMISSION M GG 035181 ram: EXPIRES.October 29.2020 Bonded Th- Notary Public Underwnters 911t4-303498.WPD Book811/Page1971 CFN#2018010256 Page 1 of 1 !Illf!!iilll ilill II{I{it{II II{III{II{III FILE MUM 2017000891 Prepared By and Return to OR BK 785 PG 905 John D.Cassels,Jr.Esq. SHAROH ROBERTSON, CLERK & COMPTROLLER OKEECHOBEE COUNTY, FLORIDA (`acmels&McCall RECORDED 01/30/2017 02:58:07 PM P.O.Box 968 AMT $10.00 Okeechobee,Florida 34973 RECORDING FEES $18.50 DEED DOC $0.70 Parcel ID Number.3-15-37-35-0010-00460-022A RECORDED BY S (Creech Pss 905 - 906; (2 pss) WARRANTY DEED THIS WARRANTY DEED made this if day ofJanuary,2017,between FT.DRUM CORPORATION, a Florida corporation,whose mailing address is 269 NW 9°Avenue,Okeechobee,FL 34972,hereinafter called the GRANTOR,to JAY L.WALPOLE,a married man,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: A PARCEL OF LAND LYING IN SECTION 16,TOWNSHIP 37 SOUTH,RANGE 35 EAST,OKEECHOBEE COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED IN ATTACKED EXHIBIT"A". 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. FT. I M Ca.' 'ORATION, a Florida Nr / corpo n ESS �� ! BY: iSt/jA_ „/�/ Lam— ,layL. • pole, st • •ident Pnnt Witn s N c W SS YlAit� �1 Print Witness Name STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing instrument was acknowledged before me this /47 day of January 2017, by JAY L. WALPOLE,as Vice President of FT.DRUM CORPORATION,a Florida corporation, who is personally known to Inc. MARGARET COOK �• MY COMMISSION*FF114460 N ARY P ICdlet/ EXPIRES June 14, 2018 y Commission Expires: �ne / - — (Seal) (407)3a6-0153 Flo rldaN Mary 8srvloa.00m IT IS HEREBY CERTIFIED THAT WE HAVE PREPARED THIS INSTRUMENT FROM INFORMATION GIVEN TO US BY THE PARTIES HERETO.WE DO NOT GUARANTEE EITHER MARKETABILITY OF TITLE,ACCURACY OF DESCRIPTION OR QUANTITY OF LAND AS WE DID NOT EXAMINE THE TITLE TO THE PROPERTY INVOLVED. 91t4-295407.WPD Book785/Page905 CFN#2017000891 Page 1 of 2 EXHIBIT"A" LEGAL DESCRIPTION BEING A PARCEL OF LAND LYING IN SECTION 16,TOWNSHIP 37 SOUTH,RANGE 35 EAST, OKEECHOBEE COUNTY,FLORIDA AND LYING 50.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF THE CSX RAILROAD MAIN TRACK AND LYING IN AND COMPRISING A PORTION OF BLOCK 46,OKEECHOBEE,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 INTERSECTION 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.5Th AVENUE; THENCE BEAR S00°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 FEET NORTH OF SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK; THENCE BEAR S89°5425" W, ALONG A LINE LYING 50.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK,FOR A DISTANCE OF 250.00 FEET TO THE INTERSECTION WITH THE WEST BOUNDARY LINE OF LOT 22 OF SAID BLOCK 46;THENCE BEAR N00°00'00"W,ALONG SAID WEST BOUNDARY LINE,FOR A DISTANCE OF 80.26 FEET TO THE INTERSECTION WITH SAID CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY; THENCE BEAR N89°54'22"E,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,RESTRICTIONS,RESERVATIONS AND/OR RIGHTS-OF-WAY OF RECORD,IF ANY. 9184496565 WPD Book785/Page906 CFN#2017000891 Page 2 of 2 IIIIII I1111 Mil Mil NUM IIIII IIIII IIIII IIIII IIII IIII FILE i-iijri 21=1041309- 37 OR 1?•K I=i1=1532 F'G 0=0.1'347 SHARON ROBERTSON, CLERK, OF CIRCUIT COURT Prepared by and return to. OKEECHOBEE COUNTY, FL J.Stephen Tierney.III RECORDED 05/21/2004 03:14:02 FM Neill,Griffin,Fowler,Tierney, RECORDING FEES 6.I10 Neill&Marquis DEED DOC 0.70 Post Office Box 1270 RECORDED BY M Anuez Fort Pierce,Honda 34954 THIS QUIT CLAIM DEED, executed this s day of M , 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 8t1i 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 i f, thereof recorded in Plat Book 5,Page 5,of the Public Records of Okeechobee County, 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. 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 thereunto 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 has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: SEMINOLE LAN By: _ ,770 .T y'p//) Edwin E. Wal , II, as President riot Na .fwittg) 2 P.O. Box 1177,Okeechobee, FL 34973 LU's 6 .(�S�4.55 Printed Nam of Witness STATE OF FLORIDA COUNTY OF OKEECHOBEE The foregoing was acknowledged before me this 5— day of A-I , 2004, by Edwin F. Walpole, III,as President of Seminole Land Co., who is personally known to me or( 1 who produced as identification. (,die Everett - ammission#DD 198771 ' F. tres:May 11,2007 Bonded fixru n Name of Notary: ? ananac Av.,d...aCo..Inc. Nota , Public-State of Florida • • .ommission Expires: NEILL GRIFFIN FOWLER TIERNEY NEILL & MARQUIS CHARTERED P.O. BOX 1270, FORT PIERCE. FLORIDA 3495.-TELEPHONE(772)464-6200 • • • i ORDINANCE-NO. -255 T 292PACE 1 • 92 • AN ORDINANCE IACATING AND CLOSING THE FOLLOWING DESCRIBED ALLEY— WAY IN THE CITY OF OKEECHOBEE, FLORIDA. BE IT ENACTU BY THE MAYOR AND COUNCIL OF THE CITY OF OKEECHOBEE, FLORIDA, THAT: SECTION ONE. From and after the date this ordinance becomes effective, the following deeoribed alleway shall be vacated and olesedt All of that unnamed twenty (20) foot alleyway, running Eaet and West through Bleck 46 of the town of Okeechobee, Florida, oleo — All of that unnamed twenty (20) foot alleyway, running East and Weat through Blocks 47 and 48 of the town of Okeechobee, Florida, according to plat recorded in Plat Book 2, Page 17, of the publio reoorda of St. Luoie County, Florida and also Plat Book 1, Page 10, Records Okeechobee County, Florida. SECTION TWO: All ordinances in conflict herewith, be, and the • same 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 filed in the Publio Records of Okeechobee Ceun ty, Florida. • Read fin full and by unaniMous consent, passed to second • reading. Read in full and upon second reading, passed in open session this the 5 day of January, 1953. • PRES'IDSNT �������S�I�fCIL . A TTEST: CITY CLE APPROVED BY ME, THIS TE 5 DAY OF JANUARY, 1953, CLEir s CERTIFICATE %1A7'Ec OP FLORIDA t MAYOR COUNTY OF OKEECHOBEE )ta: CITY OF OKEECHOBEE I BONNIE&THOMAS HEREBY CERTIFY THAT I am as lad bad aft*of the Cikyto/Oisardeobite.Florida:that the tabou aisdib.ggalnt a true and correct copy of a Document LA.original of which is on/!Is b LAs Qtr.of th.asy Clerk of ow City a/Ok.echob.r.Fonda. IN WITNESS WHEREOF I Aaw Itrr.wnto t my hand and of irad A. .t/r(dal seal o/said city.this I Ah day o/ Nu D.!O — • SEAL , BONNIE S.THOMAS CITY CLERK - • • '_ `gyp t - �- _�...-- t • FILED FOR RECORD OKEECHU CE COUNTY,FL. 195555 `.� JAN 2I PR 1: !5 " GLORIA J.FORD . • " "m-t .!FRiS OF CIRCUIT COURT m / �` '. . . 1 Y' - , (. i 4' z i1 ''1• ,i ' I. • !• 1 This instrument prepared by or under the direction of: 1111111 11111 Mil I'III IIII'IIII MI Kim R. Bon iovanni FILE NUM 201 4003849 g OR BK 745 PG 851 Assistant General Counsel SHARON ROBERTSON, CLERK OF CIRCUIT COURT Law Department OKEECHOBEE COUNTY, FLORIDA P RECORDED 04/17/2014 04:00:05 FM 500 Water Street ANT $10.00 Jacksonville,Florida 32202 DE EEDDRECORDING DOC E0.70 $69.50 70 RECORDED BY M Pinon P9s 851 - 858; (8 P9s) RETURN TO: Fort Drum Corporation ['d ,/)J- tog.56 269 NW 9th Street Okeechobee,FL 34972 7() SPECIAL WARRANTY DEED 1 THIS DEED, made this if day of Apr ; I ,&t3!`between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, and whose Tax Identification Number is 54-6000720 hereinafter called "Grantor", and FORT DRUM CORPORATION, a Florida corporation, whose mailing address is 269 NW 9th Avenue, Okeechobee, Florida 34973, hereinafter called "Grantee", WITNESSETH: (Wherever used herein, the terms "Grantor" and "Grantee" may be construed in the singular or plural as the context may require or admit, and for purposes of exceptions, reservations and/or covenants, shall include the heirs, legal representatives and assigns of individuals or the successors and assigns of corporations.) THAT Grantor, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other valuable consideration, to it in hand paid by Grantee, the receipt of which is hereby acknowledged, has granted, bargained and sold, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee, its successors and assigns, that certain tract or parcel of land situate, lying and being at Okeechobee, Okeechobee County, Florida, and having or r o� being a portion of parcels with Folio Tax Identification Numbers of 1-17-37-35-0A00-00001-1000, 5 3-15-37-35-0010-00460-0220, and 2-16-37-35-0A00-00005-0000 hereinafter designated "the Premises," more particularly described in Exhibit A, attached hereto and incorporated herein, and containing 2.41 acres,more or less. TOGETHER WITH all buildings, structures and improvements thereon, and all and singular the rights, alleys, ways, waters, privileges, hereditaments and appurtenances to said Premises belonging or in anyway incident or appertaining. EXCEPTING unto Grantor the ownership in and to the Track within and on the Premises. Book745/Page851 CFN#2014003849 Page 1 of 8 EXCEPTING unto Grantor the ownership in and to all existing signal and/or communication poles, wires, guys, etc., within or on the Premises and located generally along or near the eastern line thereof; and RESERVING unto Grantor a perpetual easement to maintain said existing signal and/or communication pole line, wires, guys, etc., and to reconstruct same, or to construct new poles, wires, guys, etc., sufficient in number and type to meet Grantor's present and future communication and/or signal needs, generally along the alignment of said existing pole line, TOGETHER WITH the right of ingress and egress to and from the reserved signal easement more particularly shown on Exhibit A. RESERVING unto Grantor a perpetual non-exclusive roadway easement, hereinafter "the Roadway Easement", for the purpose of access over and across the Premises to Grantor's adjacent property, which Roadway Easement is more particularly described on Exhibit A attached hereto and incorporated herein. RESERVING unto Grantor, its successors and assigns, a perpetual exclusive easement, hereinafter the "Occupancy Easement", in, over, under and along those portions of the Premises encumbered by existing occupancies of every type and nature, whether recorded or not, together with the right to maintain,operate,use,replace, relocate,renew and remove such occupancies. TO HAVE AND TO HOLD the Premises unto Grantee, Grantee's heirs and assigns or successors and assigns, forever. Grantor hereby WARRANTS that: (a) SUBJECT TO reservations, easements, covenants, restrictions and limitations of record or platted, all existing public utilities and roadways, and all existing encroachments, ways and servitudes, howsoever created, determinable by a proper survey or by an inspection thereof, Grantor will forever defend the Premises unto Grantee against claims of or by Grantor and all other persons lawfully claiming or to claim the same or any part thereof by, through or under Grantor; (b) Grantor will execute such other and further assurances of the same as may be required. Grantee acknowledges that the premises ("Premises") conveyed hereunder has been historically used for railroad industrial operations and is being conveyed for use only as industrial or commercial property. Grantee, by acceptance of this deed, hereby covenants that it, its successors, heirs, legal representatives or assigns shall not use the Premises for any purpose other than industrial or commercial purposes and that the Premises will not be used for (a) any residential purpose of any kind or nature (residential use shall be defined broadly to include, without limitation, any use of the Premises by individuals or families for purposes of personal living, dwelling, or overnight accommodations, whether such uses are in single family residences, apartments, duplexes, or other multiple residential dwellings, trailers, trailer parks, camping sites, motels,hotels, or any other dwelling use of any kind), (b) any public or private school, day care, or any organized long-term or short term child care of any kind, or (c) any recreational purpose (recreational use shall be defined broadly to include, without limitation, use as a public park, hiking or biking trail, athletic fields or courts, or public gathering place), (d) agricultural or (e) Book745/Page852 CFN#2014003849 Page 2 of 8 mitigation banking for wetlands. By acceptance of this deed, Grantee further covenants that it, its successors, heirs, legal representatives or assigns shall not use the groundwater underneath the Premises for human consumption, irrigation, or other purposes. Grantee hereby agrees, as additional consideration for the conveyance of the Premises, to defend, indemnify and hold Grantor harmless from and against any and all liability, loss, cost and/or expense, including reasonable attorney fees, arising out of or in connection with any and all suits or causes of actions instituted by third parties against Grantor or Grantee as a result of the conveyance of the Premises to Grantee or as a result of the failure of title to any portion of the Premises. Grantee and Grantor agree and acknowledge the covenants and easements contained in this Deed shall be covenants "in gross" and easements "in gross" which shall remain binding on Grantee, its successors, heirs, legal representatives and assigns regardless of whether Grantor continues to own property adjacent to the Premises. Grantee acknowledges Grantor will continue to have a substantial interest in enforcement of the said covenants and easements whether or not Grantor retains title to property adjacent to the Premises. Said covenant(s) shall run with title to the Premises conveyed, and bind upon Grantee, Grantee's heirs, legal representatives and assigns, or corporate successors and assigns, and anyone claiming title to or holding Premises through Grantee. AND FURTHER FOR THE CONSIDERATION AFORESAID, Grantor does hereby GRANT and CONVEY, WITHOUT WARRANTY, unto Grantee, Grantee's heirs, personal representatives, successors and/or assigns, a maintenance easement hereinafter referred to as "the Maintenance Easement", as more particularly described as Encroachment A in Exhibit E, attached hereto and incorporated herein, for the continued location and removal of the portion of the passenger station located on lands of Grantor adjacent to the Premises. "I'O HAVE AND TO HOLD the Maintenance Easement and rights herein granted, solely for the purposes herein contained; SUBJECT, however, to any public utilities and other facilities located in, on, over, under or across the Maintenance Easement, and all agreements, easements and rights granted or reserved therefore, whether the instruments granting or reserving the same be recorded or unrecorded; ALSO SUBJECT to the terms,conditions,exceptions and reservations as follows: I. Grantee, Grantee's heirs, personal representatives, successors and/or assigns, shall not at any time impair or interfere with the lateral or subjacent support of Grantor's properties, structures, tracks or improvements adjacent to the Maintenance Easement,or otherwise damage the same in any way. 2. Excluded from the Maintenance Easement are any other rights-of-way for access, ingress, or egress, whether by way of necessity, implication or otherwise, across or over other adjoining properties of Grantor. 3. At such time as the passenger station is removed or substantially damaged, the Maintenance Easement shall terminate,and Grantee,Grantee's heirs,personal representatives,successors and/or assigns, Book745/Page853 CFN#2014003849 Page 3 of 8 shall execute such instrument as now provided or as hereafter may be provided by law to clear title to the Maintenance Easement area. *******THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK******* O Book745/Page854 CFN#2014003849 Page 4 of 8 IN WITNESS WHEREOF, CSX TRANSPORTATION, INC., pursuant to due corporate authority, has caused its name to be signed hereto by its officers hereunto duly authorized and its corporate seal,duly attested,to be hereunto affixed. Signed, sealed and delivered in resence of: CSX TRANSPORTATION, INC.: By: 4,..,„„/(i d - M. l R. ( Name: Richard C. Sibley Jett n rl i e t Title: Assistant Vice President-CSX Real Property, Inc., signing on behalf of CSX Transportation;Inc. \I.) � , 1,'�C �Attest a �` ' (SEAL): Jo h n /T� h DAVID A.HOFFMAN ? 0 Print Name: ASST.CORPORATE SECRETf(rt?,:;``>>' i' , STATE OF FLORIDA ) ) SS. COUNTY OF DUVAL ) I, John A. Blanton, a Notary Public of the State of Florida and the County of Duval, do certify that, on the date below, before me in said County came Richard C. Sibley(X)to me known, and/or ( ) proven by satisfactory current evidence to be the person whose name is subscribed to the above instrument,who,being by me first duly sworn,did make oath,acknowledge and say that: he resides in Jacksonville, Duval County, Florida; he is Assistant Vice President-CSX Real Property, Inc-, signing on behalf of CSX Transportation, Inc., the corporation described in and which executed said instrument; he is fully informed of the contents of the instrument; he knows the seal of said corporation; the seal affixed to said instrument is such seal; it was so affixed by authority of the Board of Directors of said corporation; he signed his name thereto for said corporation pursuant to Board authority; and instrument is the free act and deed of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange or other transfer or conveyance of all or substantially all of the property and/or assets of the Grantor. A IN WITNESS WHEREOF, I hereunto set my hand and official seal, this // day of fif c;1. ,201t. My commission expires on: 8/25/201A7 (SEAL) Notary Public yotN NOTP,Frf PUBLIC Print Name: John A. Blanton " `-STATE OF FLORIDAFLOR `'4 . Coma/EE020770 •• Expires 8125/2014 Book745/Page855 CFN#2014003849 Page 5 of 8 EXHIBIT A Description of property at: Okeechobee,Okeechobee County,FL To: Fort Drum Corporation CSXT Deed File No.: 2013-11523 PARCEL 1 BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND LYING 50.00 FEET NORTH OF AND d ` 0 PARALLELWITH THE CENTERLINE OF THE CSX RAILROAD MAIN TRACK AND LYING O IN AND COMPRISING A PORTION OF BLOCK 46, OKEECHOBEE, ACCORDING TO THE CS 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: O 4 BEGIN AT THE INTERSECTION 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. 5TH AVENUE; THENCE BEAR S00°00'00"E, ALONG SAID WEST RIGHT-OF-WAY V LINE,AND ALONG SAID EAST BOUNDARY LINE, FOR A DISTANCE OF 80.26 FEET TO A POINT LYING 50.00 FEET NORTH OF SAID CENTERLINE OF THE CSX RAILROAD Cn MAIN TRACK; THENCE BEAR S89°54'25"W, ALONG A LINE LYING 50.00 FEET NORTH �, OF AND PARALLEL WITH SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK, M FOR A DISTANCE OF 250.00 FEET TO THE INTERSECTION WITH THE WEST > $ BOUNDARY LINE OF LOT 22 OF SAID BLOCK 46; THENCE BEAR N00°00'00"W, ALONG SAID WEST BOUNDARY LINE, FOR A DISTANCE OF 80.26 FEET TO THE f\t„l INTERSECTION WITH SAID CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY; THENCE BEAR N89°54'22"E, 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,RESTRICTIONS,RESERVATIONS AND/OR RIGHTS-OF-WAY OF RECORD, IF ANY. PARCEL 2 BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA AND LYING NORTH OF AND PARALLEL WITH THE CENTERLINE OF THE CSX RAILROAD MAIN TRACK, AND LYING IN AND COMPRISING A PORTION OF BLOCK 47 AND 48 AND A PORTION OF THE 70.00 FEET VACATED RIGHT-OF WAY OF N.W. 3RD AVENUE LYING BETWEEN BLOCKS 47 AND 48, OKEECHOBEE, ACCORDING TO THE PLAT THERE OF AS RECORDED IN PLAT Book745/Page856 CFN#2014003849 Page 6 of 8 BOOK 5, PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY WITH THE EAST BOUNDARY LINE OF LOT 26 EXTENDED NORTH, OF SAID BLOCK 48,OKEE CHOBEE;THENCE BEAR SOO°10'14"E,ALONG THE EAST BOUNDARY LINE OF LOT 26 OF SAID BLOCK 48, FOR A DISTANCE OF 50.28 FEET TO A POINT; THENCE BEAR S89°54'25"W, ALONG A LINE 80.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE OF THE CSX MAIN TRACK,FOR A DISTANCE OF 95.17 FEET TO THE INTERSECTION WITH THE EAST BOUNDARY LINE OF LOT 24 OF SAID BLOCK 48; THENCE BEAR S00°00'00"E, ALONG SAID EAST BOUNDARY LINE, FOR A DISTANCE OF 30.00 FEET TO A POINT LYING 50.00 FEET NORTH OF SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK; THENCE BEAR S89°54'25"W, ALONG A LINE 50.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK, FOR A DISTANCE OF 857.50 FEET TO THE INTERSECTION WITH THE WEST BOUNDARY LINE OF LOT 20 OF SAID BLOCK 47; THENCE BEAR N00°00'00"W, ALONG SAID WEST BOUNDARY LINE, FOR A DISTANCE OF 80.27 FEET TO THE INTERSECTION WITH SAID CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY; THENCE BEAR N89°54'22"E, ALONG SAID CENTERLINE, FOR A DISTANCE OF 952.52 FEET TO THE POINT-OF-BEGINNING. CONTAINING 1.69 ACRES, MORE OF LESS, AND BEING SUBJECT TO ANY AND ALL EASEMENTS,RESTRICTIONS,RESERVATIONS AND/OR RIGHTS-OF-WAY OF RECORD, IF ANY. PARCEL 3 BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, AND LYING 50.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF THE CSX RAILROAD MAIN TRACK, AND CONTAINING ALL OF LOT 4 AND A PORTION OF LOT 5, BLOCK 48, OKEECHOBEE, 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 NORTHEAST CORNER OF SAID LOT 4, SAID POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 441 N. (PARROTT AVENUE); THENCE BEAR SOO°10'14"E, ALONG SAID WEST RIGHT-OF-WAY LINE, AND ALONG THE EAST BOUNDARY LINE OF SAID LOT 4 AND 5, FOR A DISTANCE OF 80.18 FEET TO A POINT LYING 50.00 FEET 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 PARALLEL WITH SAID CENTERLINE OF THE CSX RAILROAD MAIN TRACK,FOR A DISTANCE OF 142.45 FEET TO THE INTERSECTION WITH THE WEST BOUNDARY Book745/Page857 CFN#2014003849 Page 7 of 8 LINE OF SAID LOT 5; THENCE BEAR N00°10'14'W, ALONG SAID WEST BOUNDARY LINE OF LOT 5 AND ALONG THE WEST BOUNDARY LINE OF SAID LOT 4, FOR A DISTANCE OF 80.31 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE BEAR N89°57'32"E, ALONG THE NORTH BOUNDARY LINE OF SAID LOT 4, FOR A DISTANCE OF 142.45 FEET TO THE POINT-OF-BEGINNING. CONTAINING 0.26 ACRES, MORE OR LESS, AND BEING SUBJECT TO ANY AND ALL EASEMENTS, RESTRICTIONS AND/OR RIGHTS-OF-WAY OF RECORD,IF ANY. BEING more particularly shown on plat of survey dated March 6, 2014 prepared by Steven W. DeHays, Professional Land Surveyor Number 5178, DeHays Design, 13176 SW 144th Parkway, Okeechobee, Florida, 34974,incorporated herein by reference. BEING a portion of the property acquired by Florida Western & Northern Railroad and the Seaboard Air Line Railroad Company, predecessors of Grantor, by the following instruments, recorded among the Public Land Records of Okeechobee County, Florida: Acquired Date of Railroad From Instrument Book/Page FW&N RR Okeechobee Co. 7/10/1924 7/47 FW&N RR Okeechobee Co. 7/10/1924 7/51 FW&N RR Okeechobee Co. 1/3/1925 7/343 SAL RR Conley T W Jr et al 12/22/1958 28/449 Through mesne conveyances, the Florida Western& Northern Railroad Company was merged into the Seaboard Air Line Railroad Company. On July 1, 1967 the Atlantic Coast Line Railroad Company merged with the Seaboard Air Line Railroad Company to form the Seaboard Coast Line Railroad Company. On December 29, 1982 the Louisville And Nashville Railroad Company merged into Seaboard Coast Line Railroad Company, and the name of the surviving corporation changed to Seaboard System Railroad, Inc. On July 1, 1986, Seaboard System Railroad, Inc. changed its name to CSX Transportation, Inc. Book745/Page858 CFN#2014003849 Page 8 of 8 Forwarded message From: Rosa, Flavio<Flavio Rosa@csx.com> Date: Fri, Oct 27, 2023 at 10:46 AM Subject: RE: [El Fwd: City of Okeechobee Abandonment--MP SX 908.5 To: Steven Dobbs<sdobbs@stevedobbsengineering.com> Cc: missy w. <missy8062@yahoo.com>, Walpole, Keith <kwalpole@walpoleinc.com>, Florida Management <pC@newlinesco.com>, Rosa, Flavio<Flavio Rosa@csx.com> Steven, My apologies for the delayed response.There has been several big projects that we have been working on that has taken a considerable amount of resources on our end. 4.CSX does not object to the closure of the street as long we get the perpetual easement to access our tracks as discussed. In order to follow through with the execution of the letter, some due diligence on our end will be needed, i.e.title work, survey, etc. Please allow me a few weeks to have that work completed by my colleagues and I will get back with you. For your convenience, I've included our standard easement acquisition form for your review. Once we have all the facts, I will incorporate it to the attached for your execution. Thanks Flavio Rosa Manager Real Estate CSX Transportation, Inc. T. 904-279-3860 500 Water Street,J180, Jacksonville, FL 32202 CSX From: Steven Dobbs<sdobbs@stevedobbsengineering.com> Sent:Tuesday, October 24, 2023 9:40 AM To: Rosa, Flavio<Flavio Rosa@csx.com>;Vazquez, Luis<Luis Vazquez@csx.com> Cc: missy w. <missy8062@yahoo.com>; Walpole, Keith <kwalpole@walpoleinc.com>; Florida Management 2 MAY 2 3 21124 Official Records File#2024005626 Page(s)2 Jerald D Bryant Prepared by/Return to: Steven Dobbs�d Clerk of the Circuit Court&Comptroller SLD Newlines Engineering,209 NE 2 Street Okeechobee,FL 34972 Okeechobee. FL Recorded 5/23/2024 11 24 AM Fees:RECORDING$18.50 D DOCTAX PD$0.70 ACCESS EASEMENT The undersigned,"Grantor" for the sum of$10.00 and other good and valuable considerations,the receipt whereof is hereby acknowledged,does hereby grant unto CSX Railroad,500 Water Street J910,Jacksonville,FL 33202,and to its successors or assigns,the right to enter upon the lands of the undersigned,situated in the County of Okeechobee,State of Florida,and more particularly described in exhibit A. THIS AGREEMENT made this 23rd day of May, 2024 between Fort Drum Corporation, PO Box 1723 Okeechobee, Florida 34973 herein called party of the first part and CSX Railroad. its successors and/or assigns of the State of Florida,herein called party of the second part. WHEREAS, the party of the first part represents and warrants that it owns and has fee simple title to that certain parcel of real estate located in the City of Okeechobee,State of Florida,more particularly bounded and described as follows: SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A" NOW THEREFORE, it is mutually agreed as follows: THAT the parties, for themselves,and assigns, grant and convey unto each party, and their assigns, an easement in, to,upon,over and across all that certain parcel of real estate described above. Said Easement is given for the sole purpose of ingress, egress and utilities and it is agreed and understood that it is not to be construed as an easement given to the exclusion of any one party, and assigns, or to others later, granted a similar right. TO HAVE AND TO HOLD the said easement unto the parties . • unto their successors and assigns forever. WITNESS as to the Party of Fort 1 um C• s •ration the First Part: TNESS/09 NE 2nd St,Okeechobee FL 34972 Jay 'alpole Printed Name: 4. ivtiA jh1AN ]?y 4grc, ' •er WITNESS 209 21d St,Okeech 9e FL 34972 Printed Name: e•s l'ley STATE OF FLORIDA COUNTY OF OKEECHOBEE BEFORE ME, this 23rd day of May, 2024, personally appeared Jay Walpole, Manager of Fort Drum Corporation who is personally known to me:or❑produced as identification. r JENNIFER S.BUSBIN Notary I`bl i*• :*5 MY COMMISSION#HH 232201 ",;•.^`e`W EXPIRES:June 22,2026 My Commission Expires: �l► m._ Z3 1 ZOZ ~"`''' EXHIBIT"A" LEGAL DESCRIPTION ALL THAT PORTION OF NORTHWEST 5TH AVENUE (FORMERLY OSCEOLA STREET) LYING SOUTH OF NORTHWEST 9TH STREET (FORMERLY FIFTEENTH STREET) , NORTH OF THE CSX RAILROAD BED, EAST OF LOTS 1 AND 26, BLOCK 46, CITY OF OKEECHOBEE,AND WEST OF LOTS 13 AND 14, BLOCK 47, CITY OF OKEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. 2024 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# S26156 Jan 24, 2024 Entity Name: FT. DRUM CORPORATION Secretary of State 0826131636CC Current Principal Place of Business: 269 NW 9TH STREET OKEECHOBEE, FL 34972 Current Mailing Address: P.O. BOX 1177 OKEECHOBEE, FL 34973 FEI Number: 65-0241230 Certificate of Status Desired: No Name and Address of Current Registered Agent: WALPOLE,KEITH A 269 NW 9TH STREET OKEECHOBEE, FL 34972 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both,in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title VP Title PRESIDENT,SECRETARY, Name WALPOLE,JAY TREASURER Name WALPOLE,KEITH A. Address 2595 NW 8 ST Address 269 NW 9TH ST City-State-Zip: OKEECHOBEE FL 34972 City-State-Zip: OKEECHOBEE FL 34972 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that lam an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: KEITH WALPOLE PRESIDENT 01/24/2024 Electronic Signature of Signing Officer/Director Detail Date 5/23/24,9:16 AM Detail by Entity Name DIVISION OF CORPORATIONS I/ Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation FT. DRUM CORPORATION Filing Information Document Number S26156 FEI/EIN Number 65-0241230 Date Filed 01/18/1991 State FL Status ACTIVE Principal Address 269 NW 9TH STREET OKEECHOBEE, FL 34972 Changed: 01/09/2009 Mailing Address P.O. BOX 1177 OKEECHOBEE, FL 34973 Changed: 10/02/1992 Registered Agent Name&Address WALPOLE, KEITH A 269 NW 9TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/17/2006 Address Changed: 10/02/1992 Officer/Director Detail Name&Address Title VP WALPOLE, JAY 2595 NW 8 ST OKEECHOBEE, FL 34972 Title President, Secretary, Treasurer https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FTDRUM ... 1/2 3/27/24,8:26 AM Detail by Entity Name DIVISION OF CORPORATIONS • .id'.' l. k/o Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation WALPOLE FEED AND SUPPLY CO. Filing Information Document Number F39525 FEI/EIN Number 59-2122652 Date Filed 06/04/1981 State FL Status ACTIVE Principal Address HWY 98 NORTH 2595 NW 8TH STREET OKEECHOBEE, FL 34972 Changed: 01/15/2007 Mailing Address P.O. BOX 1723 OKEECHOBEE, FL 34973 Changed: 01/22/2009 &gistered Agent Name&Address JAY WALPOLE HWY 98 NORTH 2595 NW 8TH STREET OKEECHOBEE, FL 34972 Name Changed: 01/15/2007 Address Changed: 03/13/2018 Officer/Director Detail Name&Address Title DPST WALPOLE, JAY P.O. BOX 1723 OKEECHOIBEE, FL 34973 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquiryrype=EntityName&directionType=Initial&searchNameOrder=WALPOL... 1/2 1/10/24, 10:52 AM Search for Corporations,Limited Liability Companies,Limited Partnerships,and Trademarks by Name DIVISION OF CORPORATIONS 1 / f r l r ( ♦I ��:org r1 Department of State / Division of Corporations / Search Records / Search By Entity Name / Next List seaboard coast line railroad Search Entity Name List Corporate Name Document Number Status SEABOARD COAST LINE RAILROAD COMPANY 806099 NAME HS SEABOARD COAST LINE RAILROAD COMPANY S36830 INACT SEABOARD COAST LINE RAILWAY SUPPLIES, INC. 840764 Active SEABOARD COLD STORAGE. INC. 275516 INACT SEABOARD COLD STORAGE OF ANDERSON ROAD, S97855 INACT INC. SEABOARD COLD STORAGE OF FORT MEYERS. INC. K34099 INACT SEABOARD COLD STORAGE OF JACKSONVILLE, INC. J80590 NAME HS SEABOARD COLD STORAGE OF JACKSONVILLE, INC. J80590 INACT SEABOARD COLD STORAGE OF LAKELAND. INC. K18534 INACT SEABOARD COLD STORAGE OF MANATEE. INC. J77358 INACT SEABOARD COLD STORAGE OF ORLANDO, INC. J83132 INACT SEABOARD COLD STORAGE OF PLANT CITY, INC. K17500 INACT SEABOARD COLD STORAGE, INC. OF WINTER HAVEN G78680 INACT SEABOARD COLD STORAGE OF WINTER HAVEN, INC. K44901 INACT SEABOARD COLD WAREHOUSE INC 149500 INACT SEABOARD COMMERCIAL REALTY CORP. J14820 NAME HS THE SEABOARD COMPANIES, LLC L06000020489 INACT SEABOARD CONCRETE FINISHING CO 340194 INACT SEABOARD CONDO CORP. 401970 INACT SEABOARD CONSOLIDATED, INC. H01011 INACT Next List seaboard coast line railroad [Search https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResults/EntityName/seaboard coast line railroad/Page1?searchNameOrder=SEABOARD... 1/1 12/12/22, 10:16AM Detail by Entity Name DIVISION OF CORPORATIONS 411414C LiVI:AO!r Uf org TI ,rrr1)lr Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation SEABOARD COAST LINE RAILROAD COMPANY Filing Information Document Number S36830 FEI/EIN Number 00-0000000 Date Filed 03/11/1991 State FL Status INACTIVE Last Event ADMIN DISSOLUTION FOR ANNUAL REPORT Event Date Filed 10/09/1992 Event Effective Date NONE Principal Address 2915 S.W. 13 STREET MIAMI, FL 33145 Mailing Address 2915 S.W. 13 STREET MIAMI, FL 33145 Registered Agent Name&Address TUCKER, J. 2915 S.W. 13 ST. MIAMI, FL 33145 Name Changed: 04/04/1991 Officer/Director Detail Name &Address Title D SCOTT, J. 2915 S.W. 13 ST. MIAMI, FL Annual Reports No Annual Reports Filed Document Images https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inguirytype=EntityName&directionType=Initial&searchNameOrder=SEABOA... 1/2 12/12/22, 10:16 AM Detail by Entity Name DIVISION OF CORPORATIONS .org • Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation CSX TRANSPORTATION, INC. Filing Information Document Number 806099 FEI/EIN Number 54-6000720 Date Filed 03/26/1946 State VA Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/23/1992 Event Effective Date NONE Principal Address 500 WATER STREET JACKSONVILLE, FL 32202 Changed: 01/22/2010 Mailing Address 500 WATER STREET C-160 JACKSONVILLE, FL 32202 Changed: 01/22/2010 Registered Agent Name&Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 09/19/2016 Address Changed: 09/19/2016 Officer/Director Detail https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=SEABOA... 1/6 12/12/22, 10:20 AM Detail by Entity Name DIVISION OF CORPORATIONS .org Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Profit Corporation C T CORPORATION SYSTEM Filing Information Document Number 804598 FEI/EIN Number 51-0006522 Date Filed 09/09/1936 State DE Status ACTIVE Last Event CORPORATE MERGER Event Date Filed 12/20/2013 Event Effective Date 12/31/2013 Principal Address 1200 South pine island road suite#250 plantation, FL 33324-4459 Changed: 03/16/2022 Mailing Address 1200 south pine island road suite#250 plantation, FL 33324-4459 Changed: 03/16/2022 Registered Agent Name&Address THE CORPORATION COMPANY 1200 SOUTH PINE ISLAND RD. PLANTATION, FL 33324 Name Changed: 09/01/2017 Address Changed: 09/01/2017 Officer/Director Detail Name&Address Title PRESIDENT https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=1 nitial&searchNameOrder=CTSYSTE... 1/5 12/12/22, 10:20 AM Detail by Entity Name WEBER, JOHN 28 LIBERTY ST NEW YORK, NY 10005 Title SECRETARY EVP INGATO, ROBERT 28 LIBERTY ST NEW YORK, NY 10005 Title CFO, DIRECTOR NESTOR, THOMAS J 28 LIBERTY ST NEW YORK, NY 10005 Title ASST SECRETARY SANDERS, ERIN 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Title VP, TREASURER FELDMAN, IRVING 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Title VP,ASST TREASURER, DIRECTOR BALNIUS, J. MICHELE 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Annual Reports Report Year Filed Date 2021 04/01/2021 2021 04/12/2021 2022 04/27/2022 Document Images 04/27/2022--ANNUAL REPORT View image In PDF format 04/12/2021 --AMENDED ANNUAL REPORT View image in PDF format 04/01/2021 --ANNUAL REPORT View image in PDF format 05/28/2020--AMENDED ANNUAL REPORT View image in PDF format 05/20/2020--AMENDED ANNUAL REPORT View image in PDF format 04/22/2020--AMENDED ANNUAL REPORT View image In PDF format 03/18/2020--ANNUAL REPORT View image In PDF format 04/24/2019--ANNUAL REPORT View image in PDF format https://search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CTSYSTE... 2/5 12/12/22, 10:21 AM Detail by Entity Name DIVISION OF CORPORATIONS .org Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation THE CORPORATION COMPANY Filing Information Document Number 017109 FEI/EIN Number 51-0099484 Date Filed 06/23/1925 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/31/1973 Event Effective Date NONE Principal Address 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Changed: 04/25/2019 Mailing Address 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Changed: 04/25/2019 Registered Agent Name &Address C T CORPORATION SYSTEM 1200 S. PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 04/25/2019 Address Changed: 09/21/2018 Officer/Director Detail https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=0171090... 1/4 12/12/22, 10:21 AM Detail by Entity Name Name &Address Title President WEBER, JOHN 28 LIBERTY ST 42ND FL NEW YORK, NY 10005 Title EVP, Secretary INGATO, ROBERT 28 LIBERTY ST 26TH FL NEW YORK, NY 10005 Title Asst. Secretary SANDERS, ERIN 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Title Director, VP,Asst. Treasurer BALNIUS, J. MICHELE 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Title Treasurer, VP FELDMAN, IRVING 2700 LAKE COOK ROAD RIVERWOODS, IL 60015 Title Director MONTENEGRO, MARIA 28 LIBERTY ST 26TH FL NEW YORK, NY 10005 Title Director NESTOR, THOMAS J 28 LIBERTY ST 43RD FL NEW YORK, NY 10005 Annual Reports Report Year Filed Date 2020 04/22/2020 2021 04/09/2021 2022 04/27/2022 Document Images https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=0171090... 2/4 it CITY OF OKEECHOBEE RIGHT-OF-WAY ABANDONMENT PETITION Utility Companies Authorization Form Instructions: 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 it.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 FP t.- 0,:k s 0.0 C]rfr ,VY% 4V OL . ✓l- —,1e... .oO w[- 863-467-3708 P 0 V.4...r k.n 2.d CI✓ Li C1 cl ary_c .o.d e Do na Padgett Li - Li Li-, .i 1^ 4-h i S OP ' t.t1 S h Lk., P N 14 Cl (SJ pon.+a par(S? Pf G'27 4(?-370V t I / 9 Oa- Authorized Signature Typed Name&Title Phone No. Date Etubarq d/b/a Century Link Ste akk.af v d Lti-i-cr f4 MOO 941-421-0205 I " Camille Knotts camille.knottsg1 lumen.cotn Nre.easement@centurylink.com Authorized Signature Typed Name&Title Phone No. Date Comcast Cable Daniel Tiburcio 772-321-1566 Daniel_tiburcio2@comcast.com Pa.4ua%464/.4.4.zo Daniel Tiburcio Construction spec) 2 11/11/2022 Authorized Signature Typed Name&Title Phone No. Date Okeechobee Utility Authority John Hayford 863-763-9460 100 SW 5th Avenue John Hayford °" - u� ,.ohn F-. Haytord f y """ °' Executive Director 863-763-9460 11/28/2022 Authorized Signature Typed Name&Title Phone No. Date Florida Public Utilities Ivan Gibbs 561-723-3459 igibbs@chpk.com ./!/4%t/ydags Ivan Gibbs/Engineering Technician 561-723-3459 9-23-2022 Authorized Signature • Typed Name&Title Phone No. Date *REQUIRED ONLY FOR CITY OF OKEECHOBEE&FIRST ADDITION TO CITY OF OKEECHOBEE SUBDIVISIONS Hamrick Estate T/t ft4 A/4- c JC mid r-T—Ot.a.V.r- r At_ /.., I..tt , Gil Culbreth,Co Trustee ,N .r.- ,y /2r74. ��M7 863-77663-3154 3- - / Authorized Signature o Typed Name&Title Phone No. Date REV 4/22 Walpole—NW 5`h Avenue Abandonment MAY Q 1 2024 Post Abandonment Exhibit 1 11 NW 9TH ST , 4 . 7:,4 Y. 253.13' ` - II �253.13' �_ `. • I k mob r It /Ili f'3 Jay L. Walpole ,, o . & Stephanie Walpole i _ plum , WALPOLE FEED AND SUPPLY CO - �+ R , • ` - It p co 1-IL.l— �.� 'rtt . 1111.1 • Jay L. Walpolg ' •1 IP 4 =iiN �. .. - - -- 1k SEABOARD COAST LINE RAILROA I_ g 17 . - ---- G - • .r �;•.•. '� `v... . . •.k.ritry<: n. _'yi•. t .-e, • . ",:..^6'-:•lid .—.«...--- .. Patty Burnette From: Padgett, Donna <Donna.Padgett@fpl.com> Sent: Wednesday, March 20, 2024 1:59 PM To: Patty Burnette; Gary Ritter; Steven L. Dobbs, P. E. Cc: Busbin, Jennifer; Bsmith@m-da.com Subject: [EXTERNAL]RE: [EXTERNAL]RE: [EXTERNAL]FW:ABANDONMENT REQUEST WALPOLE Good afternoon Patty Yes, this is how I was advised to sign this abandonment request and city would get the easement taken care of Been some time. The highlighted area is to become an ingress egress and utility easement if I understand correctly. In the bue circles show the fpl power poles and line approximate location. If this is going to be and ingress egress It will cover fpl facilities thanks UG d(EECHOBEE f r T 163250 "` ' ,1631/oIeW .0 2 B: t asjIL Y R , off oKEECHOBEE OKEECHOBEE 401632 ABC:3/0 '163245 .__. _ 1 iv iiii 4 *AL ii ral. . . . -LW.....ei' i ( 1 MN & 1.1/ 1 - ligh l',„.t...N. HII le if?„-tip. . . t..__ _ may_. •' # ail, . ,. , , • o. I di• . , . , 1 V' 1 IF -- -..aC ate--__ =- ..... 111111"1 , 1 t-�AII . -- it L.aka- ilr * . . t . . 4111 c .. ..ere -..i 4....,t . .4•: i A AILT"jllPN"—''' 41Felir 1 411 Illiii 14P - ' 4 Apt ik`.1.:1.7,. POMO P W7T TEC//#/CAC SPEC/AL/<S'l/ DrEECHOBEESfV/CECt,W -FPI 825 NE 34TH AVE OKEECHOBEE FL 34972 OFC 863-467-3708 EMAIL:DONNA.PADGETT@FPL.COM Supervisor: ALEX NEHER 772-337-7058 2 1 11/10/2022 CenturyLink Steven L Dobbs 209 NE 2" Street Okeechobee, FL 34972 P843296 No Reservations/No Objection SUBJECT: vacation request for a portion of platted road right-of-way known as N.V\ • Avenue, Okeechobee, FL. one. Mr. Dobbs: CenturyLink of Florida, Inc. 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 "A" 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 contact Jerry Peacock at 850-933-8440 or jerry.a.peacock@lumen.com. Sincerely yours, Victoria S. Bucher, SR/WA, R/W-NAC, R/W-AMC Network Real Estate- ROWA 33 North Main Street Winter Garden, FL 34787 Victoria.bucher lumen.com Exhibit A n..mG1REET I Ir'E817,1 C .'I N ,• AV sirfr9'f III Is KI II 1� /' «IYy(Ill IT In 701/1 o S 7brerE MR phi 1411Y I.1 • i I r D4-0ac ae t 1! i \Avenuetobe 6 < 'YI• i ss s V_j _ Z C ( L •Mandonee� J i • !i ,r 1� /r` I ---IL 1 y �{ w.t""r'i ! IL r. 3 ! r' {, my a I ' r n r I 'r t J - I f� .. W 'Cr." "' ' Vacate day 1@blff�01 � I 111111 K • f QMRAne it our r«aN..., - _•- It QC.r1 v.rtwl •r Ott ill sin..14 ■1rwMLlf� bMb !,Bras At fli.N • N. 1 1 r • , ?' 22 i ! 2° 25 ► I Vacate IM.o,r( 1 I 61.14r1a RTC A , c t RA I LRGAD I ►+� �/ 1 I 1 r rin ego N•�,anlaa 6.� F tat ere 1 1 r r.One I r.n 10.•41 u rerl In aL ,.w alga•aanl re ern., Q rfe Wa1UnJ-C Mann S 11vNy IN fan upnen/Minn o 11������11111s�pprtIr and r UNIX'MY.am 11a =q ar:Mt I s Osi nr,.Imo w11•ber t barn 3i s� nFan tea• ianrma:n s nl0J 'i'tIri s L rf�a ;,�ee = .a. ■ONT OP.a .e. 4 21 i irQ LIP f IYf i 11f 11 11E•111 ?�aSl./rt IF1l r .Iii Mon a i r0 o24 WI wns 1yf1!t•Man S(f Mn 1.2,It c ,r h �\la[ A !II• I1 nr Pitt Minn,■,bn•H n1( P -�-MO 111f 1s v,,ly,S N A•1b11,rasa In A 14nons Nun,.nsled Legal Description of the Right-of-Way to be Abandoned: 1 all ALL THAT PORTION OF NORTHWEST 5TH AVENUE(FORMERLY OSCEOLA STREET)ADJACENT TO THE EASTERLY LINE OF LOT 1 AND ADJACENT TO THE NORTH ONE-HALF(1/2)OF THE VACATED ALLEY,BLOCK 46, CITY OF OKEECHOBEE,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5 AT PAGE 5 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,FLORIDA. . . ... - 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. he Lux's mention right of way in Section i8-32,which describes the uses of right of way within the City,also . 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 5"'Avenue Abandonment Abandonment and Owner Identification Exhibit 7ri7 S rJ"+�r *f?f,.Voi!;viia Y7 7r!riSr- ?P i R N -, , 1 1 `� f I' ` • and M Sb• I- Not 7 �a � r r•�♦atiNa7 "•t� =.:wfv 'i'R°y�tVM'��.v._• ,.'r'�. _ -'‘• N - 4 y r,`_ — Limits of Abandonment ; I 247'x 70' (17,290 sf) I i , 1 !t a'Ii -4 • — imi--7- _7, _ •.....B., .. .,- ii Fr„„ ... _iliall. 41Willikaly . Ai 7 4 , 1 r I , ..7.: I ` It '..; ___MIIIMIII ,_ 0g.,•_.,..-.L.. 4 t t?'' :t:::alPole - i .7.-_- - r ., or !r ... •_. . ._ • ... 0- �,w ri WALPOLE FEED AND SUPPLY CO ..:, , 1 ;lc ...,..., � ��I ii, , 1 -) '1,-. 4.,4 4/tj , _ _ . .. .. 1310 ,.. j111.11 IA ...It, 9F1,, , vp.---- " •• .• ,4...:'.—i...;'i rtLy.-' k br ''''' Jay L. Walpole , i 1 i- a `t 4 a • a F_ -• • .S.1. t 7r1 ti SFAROARD COAST I INF RAII ROAD ---— - _ .�—y• _ _ X,. - ... n. ; •r, t .ems ' . J�„•_, 1111111!...1113.11.111111.1111111.1111 -- t.__ _ _ _ Alio _ ttIz4 �� _ram 1 1 .. ... �,'M1 . C S89'51'59'W 939.901`010•1 PI P' —IAInu�Dlrld I I I u BLOCK 4d & a 1 I F g 4a s 4 _ I I BLOCK d8 II N00'I0054 150.05'ICI 1501P) HIGHWAY 44I NORTH - PARROTT AVENUE A/W VAOIES-ASPHALT DIVIDED HIGHWAY DEEM IMO SuIP3VIEl!ll 13176 6.W. 144TH PARKWAY OKEECHOOEE.FLORIDA 34974 PHOf1E.863-467-8889 FAX:467-61 1 1 iY I�t','oF•OKFF(` �`� y Okeechobee County Property Appraiser's Office moo __'' r, Information Request Form for the .4 = :_ City of Okeechobee FR, I 0 • Property Owner Name(s) Jay Walpole Parcel Identification Number 3-15-37-35-0010-00460-022A, 3-1 5-3 7-3 5-0010-004 60-0010, 3-15-37-35-0010-00470-0100 Contact Person Name Steven Dobbs Contact Person Phone Number 863-634-0194 Contact Person Email Address sdobbs@stevedobbsengineering.com Requested Items Needed By 9/21/22 Project Type (Circle One or Check Box) Rezoning 1 Special Exception 1 Items Needed: Items Needed: Location map 100' surrounding property from the Location map 100' surrounding property from the outermost outermost portion of subject property. portion of subject property. Surrounding property owners mailing addresses 300' Surrounding property owners mailing address 300' from the from the outermost portion of subject property. outermost portion of subject property. Variance Future Land Use Map Amendment Items Needed: Location map 100' surrounding property from the Items Needed: outmost portion of subject property. Location map 100' surrounding property from the outermost Surrounding property owners mailing address 300' portion of subject property from the outermost portion of subject property. Abandonment Right-of-Way / Alley Closing x Items Needed: Location map 100' surrounding property from the outmost portion of subject property. Surrounding property owners mailing address 300' from the outermost portion of subject property. Information is provided by the Okeechobee County Property Appraisers Office. You may hand deliver this request form or fax it to the following attention: Okeechobee County Property Appraisers Office 307 N.W. 5th Avenue, Suite A Okeechobee, Florida 34972 Phone: (863) 763-4422 Fax: (863) 763-4745 PARCEL NUMBER OWNER ADDRESS 1 ADDRESS 2 CITY STATE ZIP 2-16-37-35-0A00-00005-0000 SALRY RR C/O CSX CORP 500 WATER STREET J910 JACKSONVILLE FL 33202 3-15-37-35-0010-00380-0030 303 REALTY LLC PO BOX 848 OKEECHOBEE FL 34973-0848 3-15-37-35-0010-00380-0070 TANGLEWOOD LTD C/O A& M PROPERTIES INC PO BOX 330 LAKELAND FL 33802 3-15-37-35-0010-00390-0010 FOSLER LLC C/O RANDY SIMLER 310 LAKE SHORE DR APT 3 LAKE PARK FL 33403-3563 3-15-37-35-0010-00390-0170 FOSLER LLC C/O RANDY SIMLER 310 LAKE SHORE DR APT 3 LAKE PARK FL 33403-3563 3-15-37-35-0010-00460-0050 C W ROBERTS CONTRACTING INC 3372 CAPITAL CIR NE TALLAHASSEE FL 32308-3710 3-15-37-35-0010-00460-0220 SEABOARD COAST LINE RAILROAD %WALPOLE FEED&SUPPLY CO 2595 NW 8TH STREET OKEECHOBEE FL 34974 3-15-37-35-0010-00470-0010 WALPOLE KEITH A 2850 SW 16TH ST OKEECHOBEE FL 34972 3-15-37-35-0010-00470-0200 FORT DRUM CORPORATION PO BOX 1177 OKEECHOBEE FL 34973-1177 3-15-37-35-0010-00600-0010 UNITED FEED CO-OP INC BOX 485 OKEECHOBEE FL 34973-0485 3-15-37-35-0010-00610-0010 UNITED FEED CO-OP INC P 0 BOX 485 OKEECHOBEE FL 34973-0485 3-15-37-35-0010-00610-0030 MASON WILLIAM H 1032 SW 20TH AVE OKEECHOBEE FL 34974 3-15-37-35-0010-00610-0110 UNITED FEED CO-OP INC P 0 BOX 485 OKEECHOBEE FL 34973-0485 3-15-37-35-0010-00620-0010 MITCHELL G HANCOCK INC 704 NW 6TH AVE OKEECHOBEE FL 34972 3-15-37-35-0010-00620-0110 MITCHELL G HANCOCK INC 704 NW 6TH AVE OKEECHOBEE FL 34972 3-15-37-35-0010-00630-0010 MITCHELL G HANCOCK INC 704 NW 6TH AVE OKEECHOBEE FL 34972-2523 9"" lb. -It.liisc NW 10TH sr 110 OP )fa' - ' -11:-. 1Pir „_. . 1 , k i � _ , ' Q t, I ' '? +11 Visit O cam .M.� r * `0.Ili`: lilt, I! 44.. 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W�w OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE °+