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'/
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► 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
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Applicant , Jay Walpole
Parcel Identification ' 3-15-37-35-0010-00460-0010, 3-15-37-35-
0010-00460-022A, 3-15-37-35-0010-00470-0100
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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 = ,,
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1 i7
Limits of Abandonment
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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
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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
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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
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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
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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
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[Search
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12/12/22, 10:16AM Detail by Entity Name
DIVISION OF CORPORATIONS
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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
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12/12/22, 10:16 AM Detail by Entity Name
DIVISION OF CORPORATIONS
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•
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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
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12/12/22, 10:20 AM Detail by Entity Name
DIVISION OF CORPORATIONS
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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
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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
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12/12/22, 10:21 AM Detail by Entity Name
DIVISION OF CORPORATIONS
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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
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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
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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-
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. . 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
•
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D4-0ac ae t 1! i \Avenuetobe 6 < 'YI• i ss s V_j _
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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
•
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► 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
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HIGHWAY 44I NORTH - PARROTT AVENUE
A/W VAOIES-ASPHALT DIVIDED HIGHWAY
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13176 6.W. 144TH PARKWAY
OKEECHOOEE.FLORIDA 34974
PHOf1E.863-467-8889 FAX:467-61 1 1
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�`� y Okeechobee County Property Appraiser's Office
moo __'' r, Information Request Form for the
.4 = :_ City of Okeechobee
FR, I
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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
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