2024-07-02 VI. A. Ex 4 • • t'1#NI tTF Fl!
Exhibit 4 -4tryt p.
07/02/204 CC
ORDINANCE NO. 1290
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; VACATING, AND
ABANDONING A PORTION OF NORTHWEST 5TH AVENUE (FORMERLY
KNOWN AS OSCEOLA STREET) BETWEEN BLOCKS 46 AND 47,
OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA, AS SUBMITTED IN ABANDONMENT OF RIGHT-OF-WAY (R-O-W)
PETITION NO. 24-001-SC; PROVIDING FOR RESERVING UNTO THE CITY, ITS
SUCCESSORS AND ASSIGNS A NON-EXCLUSIVE EASEMENT FOR PUBLIC
UTILITIES PURPOSES; PROVIDING FOR DIRECTING THE CITY CLERK TO
RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF THE CLERK OF
THE CIRCUIT COURT IN AND FOR OKEECHOBEE COUNTY, FLORIDA;
PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee General Services Department received Abandonment of R-O-
W Petition No. 24-001-SC submitted by the property owners, Jay and Stephanie Walpole,
for the vacating and abandoning of a certain R-O-W as described in this Ordinance; and
WHEREAS, Petition No. 24-001-SC was reviewed and discussed by the City of Okeechobee
Technical Review Committee at a duly advertised public meeting held on April 18,2024,and
based on the findings recommends approval to the Planning Boarding; and
WHEREAS, Petition No. 24-001-SC was reviewed and discussed by the City of Okeechobee
Planning Board at a duly advertised Public Hearing held on May 16, 2024, and it was
determined that such Petition met the required findings, is consistent with the
Comprehensive Plan, and recommends the City Council adopt the Petition; and
WHEREAS, the City Council considered Petition No. 24-001-SC, the recommendations from the
Technical Review Committee and Planning Board, and finds the Petition to be consistent
with the Comprehensive Plan, the R-O-W is not the sole access to any property,
abandonment is in the best interest of the citizens and provides a benefit to the City of
Okeechobee; and
WHEREAS, the granting of the Petition will serve a legitimate public interest and is a proper exercise
of the municipal authority of the City of Okeechobee as a discretionary function.
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida;
presented at a duly advertised public meeting; and passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the
City;that:
SECTION 1:The dedicated R-O-W described hereafter and as shown on Exhibit A,is hereby
closed,vacated,and abandoned by the City of Okeechobee,Florida to-wit:
THAT PORTION OF THE NORTHWEST 5TH AVENUE (formerly known as Osceola
Street) LYING SOUTH OF NORTHWEST 9TH STREET(formerly known as Fifteenth
Street), NORTH OF THE CSX RAILROAD TRACK, EAST OF LOTS 1 AND 26 OF
BLOCK 46, AND WEST OF LOTS 13 AND 14 OF BLOCK 46, OKEECHOBEE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5,
AS RECORDED IN THE PUBLIC RECORDS OF OKEECHOBEE COUNTY,
FLORIDA.
SECTION 2: The City of Okeechobee, Florida hereby reserves unto itself, its successors
and assigns, a perpetual, non-exclusive Easement as a special condition requested by
Florida Power and Light and CSX Railroad, to wit:
Reserving an easement for all that portion of Northwest 5th Avenue (formerly
known as Osceola Street) lying South of Northwest 9th Street (formerly known as
Fifteenth Street), North of the CSX Railroad track, East of Lots 1 and 26 of Block
46, and West of Lots 13 and 14 of Block 46, OKEECHOBEE, according to the Plat
thereof as recorded in Plat Book 5, Page 5, as recorded in the public records of
Okeechobee County, Florida.
Ordinance No. 1290,Page 1 of 3
• •
SECTION 3: The City Clerk shall cause a certified copy of the Ordinance to be recorded in
the public records of Okeechobee County, Florida.
SECTION 4: Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 5: Severability. If any provision or portion of this Ordinance is declared by any
court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all
remaining provisions and portions of this ordinance shall remain in full force and effect.
SECTION 6: Effective Date.This Ordinance shall be effective upon final adoption on second
reading.
INTRODUCED for First Reading and set for Final Public Hearing on this 4th day of June 2024.
Roll Call Vote:
Yes No Abstained Absent
Council Member Chandler: X
Council MemberNice Mayor Clark: X
Council Member Jarriel: X
Council Member McAuley: X
Mayor Watford: X
Dowling R. Watford, Jr.
Mayor
ATTEST:
Lane Gamiotea, CMC
City Clerk
PASSED AND ADOPTED after Second Reading and Final Public Hearing this 2nd day of July 2024.
Roll Call Vote:
Yes No Abstained _ Absent
Council Member Chandler:
Council MemberNice Mayor Clark:
Council Member Jarriel:
Council Member McAuley:
Mayor Watford:
Dowling R. Watford, Jr.
Mayor
ATTEST:
Lane Gamiotea, CMC
City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.
Ordinance No. 1290,Page 2 of 3
• •
ORDINANCE NO. 1290 EXHIBIT A
The following excerpt is from the City of Okeechobee Subdivision May to identify the portion of street
to be abandoned as requested by Petition No. 24-001-SC, the subject property is recorded in Plat
Book 5, Page 5, Okeechobee County Public Records:
N
WJE
S
N.W. 11 TH ST F
ui i I I I I I
12 to4-4B 7 6 5 1 1 2 1 = '- :•1 t o 9 5 7 6 5 .1 e _ ' a0 '1 1 t, 1.t 13 12 11I 10 a i h 2
27 28 N 29 30 , : :}}y
t' I,•n•.' - --_ _• - . 1!•b 1,' 1k 2.l 21...2.3:t J.:O 3 1'1' :0•:,21 •:, •:.,292�, '
Z z x
N W. 10TH ST vj
_i_
40 „ ! KEEOIH. OBEE .
•
+u a
N W 9 TH ST
it 1
-_.--- < 12 i16 1' e ' 1 \•�.11. .D 9 tt , 1i 4 _ 2 • 48 i 6 7 2
4546
47
I♦ "7 "` - - — \14 15 ie 17 16 19 CSX TRANSPORTATION,ItJC RAILROAD
15 S.
t 1 1- I Ifl I 11 1 I 1 1 1 I- 1 1 I 4 I I F I I I 1
N.W. 8 TH - N W 8 TH ST
11 l I 1 1t I It j I
.2 IL 2 w - - _ 12 II 2 12 1 2 12 2
3 > u U 13 3 W 13 _ 3
Q Q 14 4 9 14
64 63 . 62 I- 61 60 59e- s
g_
lail-
- 0 7 N /7 7 ! 7
` 18 9 Z 19 9
20 10 20 10
Petition#24-001-SC abandons the N.W. 7TN ST
w
portion of NW 56'Avenue lying South
of NW 9"'Street,
North of the railroad tracks,
East of Lots 1 and 26 of Block 46, and
West of Lots 13 and 14 of Block 47
OKEECHOBEE, Plat Book 5, Page 5.
Ordinance No. 1290,Page 3 of 3
• •
V. PUBLIC HEARING CONTINUED
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-C • Petition No 24-001-SC that wiii 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 NO N-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
• •
.OF•OKt(,y
CITY OF OKEECHOBEE, FLORIDA
o r�
PLANNING BOARD
• `.:;,; '��� MAY 16, 2024
SUMMARY OF BOARD ACTION
CALL TO ORDER
In the absence of the Chairperson and Vice Chairperson, Secretary Burnette called
the May 16, 2024, regular meeting of the Planning Board for the City of Okeechobee
to order at 6:05 P.M. and instructed those present to appoint a Chairperson Pro-
Tempore to preside over the meeting. By consensus of the Board, Member Berlin
was appointed. The Pledge of Allegiance was led by Chairperson Pro-Tempore
Berlin.
II. ATTENDANCE
Roll was taken by Board Secretary Patty 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-I EMPOKE IJERLIN 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
• •
'`S 9�7.
` � _,N. CITY OF OKEECHOBEE, FLORIDA
TECHNICAL REVIEW COMMITTEE MEETING
A. ;Sf, '1' A P R I L 18, 2024
SUMMARY OF COMMITTEE ACTION
I. 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 auestions.
There were none
4. No public comments were offered
5. Administrator Ritter disclosed he had spoken with the Applicant.
TRC MINUTES, April 18, 2024, PAGE 1 OF 2
•
V. NEW BUSINESS ITEM A CONTINUED
6. Motion by Police Chief Hagan, seconded by Building Official Newell, to
recommend approval to the Planning Board for Abandonment of Right-of-Way
Petition No. 24-001-SC as presented in [Exhibit 1, which includes the Planning
Consultant's analysis of findings and recommendation for approval] with the
following conditions being met prior to recording the ROW vacation;Applicant shall
submit an access easement for review by the City Attorney that provides access
to CSX Corporation and the Seaboard Coast Line Railroad. The legal description
shall correctly identify the portion of the vacated area to be granted to Walpole
Feed and Supply Co. Unless otherwise directed by FPL, the Applicant shall submit
a public utility easement for review by the City Attorney that provides access to
FPL. Unless further delineated and directed by FPL, the legal description shall
correctly identify the entirety of the area to be vacated. The easement shall be
authorized by all owners of the subject property. Prior to the City Council Hearing,
Planner Smith further recommends a detailed sketch of the proposed parcel
configuration post-abandonment be provided and for it to include proposed parcel
dimensions. Motion Carried Unanimously.
VI. CITY ADMINISTRATOR UPDATE
No updates provided at this time_
VII. ADJOURNMENT
Administrator Ritter adjourned the meeting at 10:13 A.M.
Submitted by:
Patty M. Burnette, Secretary
Please take notice and be advised that when a person decides to appeal any decision made by the Technical Review Committee with
respect to any matter considered at this proceeding, he/she may need to ensure that a verbatim record of the proceeding is made,which
record includes the testimony and evidence upon which the appeal is to be based. General Services' media are for the sole purpose of
backup for official records.
TRC MINUTES, April 18, 2024, PAGE 2 OF 2
• •
24-001-SC
Right-of-Way Abandonment Staff Report
UW 91H 5T ,
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Applicant Jay Walpole
Parcel Identification 13-15-37-35-0010-00460-0010, 3-15-37-35-
0010-00460-022A, 3-15-37-35-0010-00470-0100
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Prepared for The City of Okeechobee
MO —�
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• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
General Information
Owner:Jay Walpole
Applicant:Jay Walpole
Primary Contact/Agent:Jay Walpole,(863) 634-1066, missy8062@yahoo.com
Parcel Identification: 3-28-37-35-0050-00340-0030, 3-28-37-35-0050-00340-0050, 3-28-37-35-0050-
00340-0110
Legal Description of Subic t Right-of-V./-
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 Sth 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 MORRiS
DEPEW
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
_ �,a.r ''4.5.^' =.sue�'�`r "_--�-_���::� - -Y+. 1.
Limits of Abandonment
247'x 70'(17,290 sf) T
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it Jay L.Walpole ` �.
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gr` a� 4 1!1. 1tilillik_ � .
Jay L.Walpole IA
...=...1 SEABOARD COAST LINE RAILROAD — 1
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Exhibit 1: Existing Parcel Configuiarlon and ROW Area to be;-;_;;ndonea
CITY OF OKEECHOBEE 2 MORRIS '
DEPEW
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
..73.11.91MIMI. ,
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... 253.13' _ — _' . 253.13' '
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- - &Stephanie Walpole I - //
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Exhibit 2:Proposed Parcel Configu; tion 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 ,.,MORRIS
DEPEW
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
response to the applicant's statement, FPL has not confirmed that the ROW is free of any FPL
equipment.
2) Right-of-way to be vacated is not the sole access to any property, and the remaining access is not an
easement.
Applicant Response: The right of way is not sole access to any property and a remaining land
will have access by easement.Copy of easement provided.
Staff Response:The subject ROW is the sole public access to the parcel identified by parcel ID#3-
15-37-35-0010-00460-0220. However, that parcel is also accessible by contiguous parcel 2-16-37-
35-0A00-00005-0000, which is under common ownership by CSX.
3) Proposed vacation is in the public interest and provides a benefit to the city.
Applicant Response: The proposed vacation of the right of way is within the block that the
applicant would like to add into his operation,so this vacation will allow the existing ROW square
footage to add additional property to the applicants property and return tax rolls.
Staff Response: In addition to adding property to the City's tax rolls, vacating the right-of-way will
transfer maintenance and liability responsibilities to a private property owner who already has
equipment located within this ROW.
4) Proposed vacation would not jeopardize the location of any utility
Applicant Response: There may be utilities within the requested abandonment. These will be
protected with the easement attached.
Staff Response: The submitted draft easement provides an access easement to CSX. It is
recommended that a separate public utility easement be provided for FPL equipment. As FPL has
not indicated where equipment is or is not located, a PUE should cover the entire area to be
vacated, including the portion that will be granted to CSX.
CITY OF OKEECHOBEE 4 MORRIS
DEPEW
• •
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. 23-002-AC
1 j NW 10TH ST N
I1-11
?-i T i
W ,F
is tat:.
r a r r 1e • a t ulI I se is vile • a 4e • a 2
T 38 . r
a
i■ _- 'tt re r a■ a► za a 24 a t n • _ b t+ a m
Subject ROW NW 9TH ST
" ZONING
f2 ■ r • e • a , q o v IIr
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.. n 74 . 111 ,..,....,
,5 - le, CSX TRANSP
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'y •� 1 is . a a ,
Figure 3: Existing Zoning Map
CITY OF OKEECHOBEE 6 MORF
DEPEW
• •
Right-of-Way Abandonment Request 5/1/2024
Staff Report Petition No. 23-002-AC
N
NW 10TH ST
W -E
S
1
NW 9TH ST
•
a ! a 7 _ :3 2 it ti 0 d f a S .
10 73 :ia
1 14 'g15 17 111 1.1 CSX TRANSPORT)
4 4 f I I 1 1 I I i t I I
NW 8TH ST
H • l
LAND USE CLASSIFICATIONS
- RAILROAD CENTERLINE
------- HOPKINS MEANDER LINE
- RAILROAD CENTERLINE
- flu_boundary_lines
lot line
flu_backg ro und_pa rcels
SINGLE-FAMILY RESIDENTIAL
MIXED USE RESIDENTIAL
MULTI-FAMILY RESIDENTIAL
. COMMERCIAL
INDUSTRIAL
PUBLIC FACILITIES
Exhibit 4: Existing Future Land Use Map
CITY OF OKEECHOBEE 7 MORRIS
DEPEW
• •
r • i
C
' °�'•••'' CITY OF OKEECHOBEE
General Services Department
SS Southeast 3rd Street
Okeechobee, Florida 34974
863-763-3372 X 9824
Fax: 863-763-1686
ABANDONMENT OF RIGHT-OF-WAY PETITION PETITION NO.
Application fee (non-refundable) Date Fee Paid: ;a- a- c, Receipt No: 54O7�
$600.00
TRC Meeting: I_,® �1L� Publication Date:
�! Letters Mailed:
Note:(Resolution No.98-11)Schedule of Land
Development Regulation Fees and Charges PB/BOA Meeting: Publication Dates:
When the cost for advertising publishing and i tP �' Letters Mailed:
mailing notices of public hearings exceeds the
established fee,or when a professional City Council 1"Reading:G_q_c2ti CM R Letter E-mailed:
consultant is hired to advise the city on the
application,the applicant shall pay the actual City Council Public Hearing: Publication Date:
costs.
Right-of-way Definition: Land dedicated, deeded, used,or to be used for a street,alley,walkway,
boulevard,drainage facility,access for ingress or egress, or other purpose by the public, certain
designated individuals, or governing bodies. [F.S. Ch. 177 § 177.031(16)]. Easements for roads and
related purposes shall be considered as right-of-way.
Legal Description of the Right-of-Way to be Abandoned:
ALL THAT PORTION OF NORTHWEST 5TH AVENUE (FORMERLY OSCEOLA STREET) LYING NORTH OF THE RAIL-
ROAD RIGHT-OF-WAY AND SOUTH OF NORTHWEST 9TH STREET(FORMERLY FIFTEENTH STREET),
ACCORDING TO THE PLAT OF OKEECHOBEE, AS RECORDED IN PLAT BOOK 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.
• •
PETITION NO. ,�'_� -
I/ Name of property owner(s): Jay Walpole
Owner(s) mailing address: PO BOX 1723,0KEECHOBEE,FL 34973-1723
Owner(s) e-mail address: missy8o62@yahoo.com
Owner(s) daytime phone(s): 863-634-1066 Fax:
HI1 Required Attachments
Copy of recorded deed of petitioner as well as any other property owner whose property
is contiguous to the right-of-way.
Letters of Consent or Objection. (If more than one property owner is involved and
they are not signing the petition). SEE NOTE BELOW FOR ADDITIONAL
INSTRUCTIONS
Location map of subject property and surrounding area within 100' (See Information
Request Form attached) and dimensions of right-of-way.
List of all property owners within 300' of subject property(See Information Request
Form attached)
` Site Plan of property after abandonment. (No larger than l lx 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 l 1x17, (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)
J
1,/ 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 may result in the summary denial of this etitio .
1 Jay Walpole Stephanie Walpole
Signature Printed Name Date
REV 4/22
• •
PLEASE COMPLETE THE FOLLOWING
FINDINGS REQUIRED FOR GRANTING A VACATION OF RIGHTS-OF-WAYS
(Sec. 78-33, page CD78:4 in the LDR's)
It is the Petitioner's responsibility to convince the Technical Review Committee, Planning
Board/BOA and City Council that approval of the proposed vacation is justified. Specifically, the
Petitioner should provide in his/her application and presentation sufficient explanation and
documentation to convince the reviewing body to find that:
1. Proposed vacation is consistent with the Comprehensive Plan:
,The reotiocte•ii rie=ht nt way is currently not used for access or utilities there is ,i mention at neht 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 LfiR s mention right ofway in Section 78-.tZ,which describes the uses nfright orway within the City,also
in Stetson7fi -whieh4e-seribtsca&ativteof1ightufw,rre quirr-tttrnt,. -
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 wav 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 notleop_?rdize 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).
Walpole- NW 5th Avenue Abandonment
Abandonment and Owner Identification Exhibit
1.• �. .-," 1;t Tti.i., '-4 1 .-• - ti V /I
, - it
i.._ ..� .,,- �, Limns of Abandonment '
1 247'x 70'(17,290 sf) 7 1
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Jay L.Walpole p / 1-:-
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111"411.1:117j11414.4.
�1. &Stephanie Walpole 111 i, ' -' rill's' ' /
;�l _,tom)14, - • WALPOLE FEED AND SUPPLY CO
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cxeeo- ees.Fl CY2,0s 54014
,..LOVE fI49-e47-8nyri Fax.0.7-e,'
Prepared By and Return to• jgthimmicklii
68
John D. Cassels, Jr. Esq. OR BK 792 PG 968
Cassels McCall SHARON ROBERTSON, CLERK 6 COMPTROLLER
OKEECHOBEE COUNTY, FLORIDA
P.O. Box 968 RECORDED 06/22/2017 03:52:13 PM
Okeechobee, Florida 34973 RECORDING FEES f10.00
O
RECORDED BY M Pinon
Ps 968; t1 os)
Parcel ID Number: 3-15-37-35-0010-00460-0010
CORRECT WARRANTY DEED
THIS WARRANTY DEED made this 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 cal led the GRANTOR,to.JAY L.WALPOLE and STEPHANIE WALPOLE, a married couple,
whose mailing address is PO Box 1664, Okeechobee, FL 14971 hrrrinaf!rr 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 ofS10.00 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
T E S-Sign ure OBERT P. GENT, Vice President
1" Witness-Print ame
IA
L WITNESS- ature
SSA hI P
ef2 Witness-Print Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this I l 11ay 3wN. T7,ThriyBERT P.
GENT, as Vice President of Okeechobee Asphalt& Ready Mix Concrett.,I also is I,eiNo,mil}y s
produced ) as identification.
tea,•� Notary Pubwc State of F..
Karin Ammons
T RY P JBLI I Sy Commission FF 90
O
�..�� 1Y0720i9
121 V i 1-\
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.
9184-30J303.W PU
•
Prepared By and Return to I II I II I I IIII I I II I I II I I III I I IIIII IIII IIII
John D. Cassels,Jr.
Cassels& cCall FILE Hurt 2Q18Ci1fj?S6
M
P.O. Box OF2 e.K 811 PG 1971
SHARON ROBERTSON, CLERK I. COMPTROLLER
Okeechobee,Florida 34973 OKEECHOBEE COUNTY, FLORIDA
RECORDED 08/10/2018 03:40106 PM
Parcel ID Number(s):3-1 5-37-35-001 0-00460-00 1 0 RET $10.00
RECORDING FEES f10.00
DEED DOC 50.70
ECORDED BY G rtewbourti
F. 1971; (1 ve)
QUIT CLAIM DEED
THIS QUIT CLAIM DEED executed this 10 day of August,2018,by OKEECHOBEE ASPHALT
8L 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 S 10.00 in hand paid by the said second party,
the receipt whereof is hereby acknowledged, does hereby remise, release and quit claim unto the said second party
forever,all the right,title,interest,claim and demand which the said first party has in and to the following described
lot, piece or parcel of land, situate, lying and being in the County of OKEECHOBEE,State of Florida, to wit:
THE NORTH'A OF ALLEYWAY LYING SOUTH OF LOTS 1,2,3 AND 4,INCLUSIVE.ALL EN 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 the presence of: {�
aturc of W s I ROBERT P.GENT, Vice President
• Q �wQ t!
Printed Name of Witness
Signs r of Witness
1.1,0 k,e G D 2—
Printed Na nc of Witness
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was acknowledged before me this 1L day of August, 201 8,by ROBERT P.
GENT, as Vice President of flkrrrhnhrr Asphalt R. Ready Mix Concrete, Inc. X who is personally known to me,
or o who have produced as identification.
1�s 1 (Sean
OTAR PUBLIC U
MyCommission Expires:
.as J�lE GO~�
P - .•. ` MY COMMISSION a GS 0351 a1
c L EXP RES.Omober 29.2020
•
aarw Tw NSW/P,Y.U,6..".".
9184-30349R.WPD
Book811/Page1971 CFN#201 80 1 0256 Page 1 of 1
• •
I 11111111111 IIIIIIIIII 111111111111111111
FILE NUll 2017000E91
Prel telByandReganto OR BK 785 PG 905
John Cassels Jr Esq. SHARON ROBERTSON, CLERK & COMPTROLLER
la McCall OKEECHOBEE COMITY, FLORIDA
(
P.O Ia&Box RECORDED 01/30/2017 02:58:07 P11
R RDI N GO
Okeechobee,Florida 34973
REL'CORDING FEES S12.5U
DEED DO( $0.70
Parcel ID Number 3-I5-37-33-O010-0o46owuA RECORDED BY S Creech
P9s 905 - 906; (2 PSs)
WARRANTY DEED
THIS WARRANTY DEED made thin if day of Is/wary,2017,between FT.DRUM CORPORATION,
a Florida corpora doe,whose mailing addicts is 269 NW 9.Avenue,Oke d*z.FL 34972,hereinafter called the
GRANTOR,to JAY L.WALPOLE,a married an a,whose mailing address h PO Box 1664,Okeechobee.FL 34973.
hereinafter called the GRANTEE:
(Whorver used herein,the terms`Orator-sod'Oraotaea'Inclyde all the poem so this irerworeni,and dta
hail,legal repeseastivas and esaipo of b4Mdiab not the—.—.s and assigns of arporatioro).
WTTNES ETH:
That the GRANTOR,for and in cornaideration tithe sum oUI0.00 and other valuabk co ideradoro.receipt
whereof is hereby acknowledged,hereby punts,barpirts,sells,allots,remises,releases,conveys and confirms unto
the GRANTEE,all that certain land situate in Okeechobee Caeay,Florida.to-wit:
A PARCEL OF LAND LYING IN SECTION Ifs TOWNSHIP 37 SOUTH,RANGE 33 EAST,OKEECHOBEE
COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED IN ATTACHED EXHIBIT"A'.
and said grantee does hereby fully warren the title to said land,and will defend the same apinit the lawful claims of
all peraao w?hon saner.
•Singular and plural are interdungeable as context requires.
IN WITN1N:4 WHEREOF,the said GRANTOR have maned this Deed the day and year fire shove written.
FT. 14 M co.' ''RATION, a Florida a corpo it
W ESS
/ BY:
SS f1/t ,Ray L. pole, `!•ident
Pnnvji N c
W cNESS
Print Wiern Name
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
The foregoing instrument was adonowledged before me this i/Q day of January 2017, by JAY L
WALPOLE,as Vka Resident of FT.DRUM CORPORATION,a Florida ea►pareeks, who is personally known
to me.
' N MARGARET COOK
rq '1 MY COMMISSION MIFF114460
N AR PV IC 0/8' q;fto EXPIRES June 14,2018
y Commission Expires: t /1 e / (Seal)
N071"NW tp fLnrlaMota2iMrvho6Pern
IT M I4ZYfaY CLRTVRD THAT WE RAvi FRE/Alw TEtiO4rntimuNT FROM IDIFOIRINATION GIVEN TO US RY THE
PARTIES HERETO.WE DO NOT GUARANTEE EITHER MAkICETARII2TY OITtTLE,ACCURACY OF DESCRIPTION Oat
QUANTITY OF LAND AS Wi Don NOT QAaENE THE TTTLJ TO TEE P1tOPW V DWOLVID.
91 KI9SW7.W►O
Book785/Page905 CFN#2017000891 Page 1 of 2
• •
RIBIBEI °A.
LESIALIZIQUEIKE
BEING A PARCH.OF LAID LYING IN SECTII)N 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
APORTENOF BLOCK 46.OIDEBCDBEE,ACCORDING TO THE PLAT THEREOF AS}WORD E )
IN PLAT BOOK S,PAGES 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 BLACK 46,
OKEECIflBEE,SAID POINT LYING ON THE WEST RIGHT-OF-WAY LINE OF N.W.STM AVENUE;
THENCE BEAR S( UM°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 TILE CSX RAILROAD MAIN TRACK; THENCE BEAR
S89°54'25'W.ALONG A LANE LYING 50.00 FEET NORTH OF AND PARALLEL WITH SAID
«NTT1 UNE OF THE CSX RAILROAD MAIN TRACK,FORA D(STA NCE OF 250.00 FEET TO THE
INTERSECTION V/TTIVIHE WEST BOUNDARY LINE OF LOT 22 OF SAID BLOCK 46;THENCE
RRAR CITOO r W,TALON{SAID WEST BOUNDARY LINE,FORA DISTANCE OF 80.26 FEET
TO THE INTERSECIION WITH SAID CENTERLINE OF THE VACATED 20 FEET WIDE ALLEY;
THENCE BEAR NE9°54'22°It ALONG SAID CENTERLINE,FOR A DISTANCE OF 250.00 FEET TO
THE POINT-OF-BEGINNING.
CONTAINING 0.46•ACRES, MORS OR LESS, AND BEING SUBJECT TO ANY AND ALL
EAS M 4 S,RESTRICTIONS,RESERVATIONS ANDVR RIcMrS OF-WAY OP RECORD,IP ANY.
916441,04.1.1W0
Book785/Page906 CFN#2017000891 Page 2 of 2
• •
IfIII0II1III1111VIIIMII11II1III1IInIf 1311
F II_E NUr1 2004009587
OM EK 00532 FG 0847
Pre pucdby watt return to: SHARON ROBERTSON. CLERK OF CIRCUIT COURT
1 StephenTrnrcy,III OKEECHOBEE COUNTY. FL
RECORDED 05/21/2004 03:14:02 Fri
Neill,Griffin,Fowler,Tierney, RECORDING FEES 6.00
NciD do Marquis DEED DOC 0.70
Poet OFfEra cc Flo RECORDED EY rt Anuez
Fort Pierce,Florida 34954
THIS QUIT CLAIM DEED, executed this S day of , 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 8`" 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.
Witnesaeth: That the said grantor,for and in consideration of the sum of$10.00,in hand paid
by the grantee, the receipt whereof is hereby acknowledged,does hereby remise, release, and quit-
claim unto the said grantee forever, all the right, title, interest, claim and demand which the said
grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in
Okeechobee County, Florida, to wit:
The North 85.05 feet of Lots 14 thru 19, Block 47,Okeechobee, according to the plat f'Es
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. z
It is the intention of this Deed to convey all of the Grantor's interest in the subject property
to the Grantee herein_
TITLE TO THE SUBJECT PROPERTY HAS NOT BEEN EXAMINED BY THE SCRIVENER.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances[hereunto
belonging or in anywise appetmining, 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 behoofofthe said
grantee forever.
IN WITNESS WHEREOF,the said grantorhas signed and sealed thesepresents the day and year
first above written.
Signed, sealed and delivered
in our presence: SEMINOLE LAN
BY p 1
,1oSGP 1 fL Edwin E.Walpu►a{tu,as President
rin I Ng 11Nit7 P.O. Box 1177,Okeechobee,FL 34973
4 /44.5
Ponied N. orwitncu
STATE OF FLORIDA
COUNTY OF OKEECHOBEE ll�- /l�
The foregoing was acknowledged before me this 5— day of t'- , 2004, by Edwin E.
Walpole, M., as President of Seminole Land Co.,L--1 who is prrconally (mown to me or[ ] who produced
as identification. / odic Everett
r o- GommtssioaNDDl9d771
I erns
9 . L.�,.pr Mtr .2001
Name of Notary: d► Bonded
Notes Public-State of Florida `t'en.i� •ti^c i"
omission Expires:
NEILL GRIFFIN FOWLER TIERNEY NEILL & MARQUIS
Hw,wra:wrco
P_�_ ■Oat lal>O.PORT PIC1aCC.P1_0InDJA a1t•S6-•-TELEPHONE 1721�64-S200
• I ORDINANCE-Ed. '255 ', ' 292pAGE 1192
r • AN ORDINANCE YACATINO AND CLOSING THE FOLLOWING DESCRIBED ALLEY+
WAY IN THE CITY OF OKEECHOBEE, FLORIDA.
BE IT ENACTED BY THE MAYOR AND COUNCIL OF THE CITY OF OKEECHOBEE,
FLORIDA, THAN
SECTION ONE. From and after the date this ordinanoe becomes
effective, the following described shall be vacated
and oles.dt
All of that unnamed twenty (20) feet alleyway,
ruaaf.nR
East and Wont through B1eok 48 of the town of Okeechobee,
• Florida, aloe +
All of that unnamed twenty (20) feet alleyway, running
East and W.et through Blocks 47 and 48 .f the town of
Okeechobee, Florida, according to plat recorded in Plat
Book 2, Peg. 17, of the public r.00rds of St. Lucie
County, Florida and also Plat Book 1, Page 10, Records
Okeechobee County, Florida.
SECTION TWO: All erdinano.e in conflict herewith, be, and the
• same are hereby repealed.
SECTION SEE: This ordinance shall take effect upon its
paeeage according to law.
SECTION FOUR: A certified copy of this ordinance shall be
filo& in the Public R.00rds Sr Okesohebee Cetmtyi'1►1.rlda.
Road in full and by umaniseoua consent, paeeod to eeoemd
reading.
Road in full and upon eeoond reading, paeeod in open
session this the 5 day of January, 1953.
A 1TbST:
CZTY CLE
APPROVED BY ME, THIS 1HE 5 DAY OP JANUABY, 1953,
dusts ci.+rrZPtcAIT - A✓`7 _) . . - J
11141
r1A1XOPPLORADA ! R
COUNTY OP OXZtCUOett)
CITY OP oxr scuoati
I BONNIt 8.TNONA&RAW Y CERTIFY THAT l a' Ma dry
.al+lid Cirri o/the olytyoYaohabm.Florida:that Ma&our.wlforarakkg
L.a tiro and cornet ow Me i7re.a..nt IA.arialaal of basic*Is a,AM am ih.
Offer of the Ctty awe eI OM ate of OhwCAabrw Florid._
IN WITNZ 8 VHRRYOP I have Mreanto ray hand and affixed IA.
JffieWmaiosaid city.aim igrF day of D.It
DONNIE 3 MOWS
CITY MLitt
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FILED FOR RECORD
DKEECHOBFE COUNTY.FL .
•
i 0 5 5 5 5 io9 JA11 21 PH 1: Ii5
. GLORIA J.FORD • .. . .
• ...,gi
ERK OF CIRCUIT COURT
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This instrument prepared by or under the direction of: 1111111 IIIII IIIII IIIII IIIII IIIII(III III)
FI
E
UM
Kim R.Bongiovanni ORLBKR7452PG4851849
Assistant General Counsel SHAROH ROBERTSON? CLERK OF CIRCUIT COURT
LawOKEECHOBEE COUNTY? FLORIDA
Department RECORDED 04/17/2014 04:00:05 Pm
500 Water Street AMT $10.00
Jacksonville,Florida 32202 DEED DOC f0 RECORDING .70 $69.50
70
RECORDED BY M Pinon
RETURN TO: Fort Drum Corporation Pes 851 858: (8 oesl
I g.5b 269 NW 9m Street
r� 10 �O Okeechobee,FL 34972
Oat ,
SPECIAL WARRANTY DEED
2,9/q
THIS DEED,made this J� day of __ J r ; ,20f etween CSX
TRANSPORTATION, INC., a Virginia rnrpnratinr, 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 911 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, le_i:1
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, bar_.:ined 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 nolar��
being a portion of parcels with Folio Tax Identification Numbers of 1-17-37-35-0A00-00001-1000, ys•
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.
TO 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:
1. 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,
Book 745/Page853 CFN#2014003849 Page 3 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.:
J.0 ll it i G I ./I l L if f Name: Richard C. Sibley
Title: Assistant Vice President-CSX Real Property,
Inc.,signing on behalf of CSX TransporallIn,..J,nc.
Aig Attest 1,4,4;/o � ��r r` S) Als)
jo h n A :I. 4101 DAVID A.HOFFMAN ? P..;; ...:J
Print Name: ASST.CORPORATE sECRETiiRt?,.^:.V ` -
STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
1, 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.
MIN WITNESS WHE OF, I hereunto set my hand and official seal, this // day of
!,1 ,20
My commission expires on: 8/25/200 l � -- —(SEAL)
A. AKA Notary Public
JoelHOTAKI FUILSO Print Name: John A. Blanton
STATE OF FLOWN
• Expires u
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
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
G 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
n A POINT LYING 50.00 FEET NORTH OF SAID CENTERLINE OF THE CSX RAILROAD
Cs ) 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,
n-) FOR A DISTANCE OF 250.00 FEET TO THE INTERSECTION WITH THE WEST
I_� 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
1 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 S00°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 T 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
OWN - ADDRESS 1 ADDRESS 2 air
2-16-37-35-0A00-00005-0000 SALRY RR C/O CSX CORP 500 WATER STREET 1910 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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OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE Jr.
Walpole—NW Sth Avenue Abandonment
Post Abandonment Exhibit
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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 contactnumber for each person.
Utility Companies:Ilan 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 bea 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 I L Opt (, co_rt }�( t�. '_�t. _ r
1 863-467-3708 1 —r t. 0 .` .l I _� .I. c :ic/ .flAtri-titerirrYp el-
1 Donna Padgett �I r l� • t , N k
�/� ---- _: v}• s � iY...t iet_ —ni i S7jr' !t t.:� i.t -!` �! C n
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Authorized Signatures Typed Name&Title Phone No. Date
Embarq d/b/a Century Lint(
e,e aka a(-►-.Q map
941-421-0205
Camille Knotts
canfflls.,lsnpttsfalumen•.4m
Nre.easement@centurylinIc.com
Authorized Signature Typed Name&'title Phone No I),ite
Comcast Cable
t�wl tew7'aP�+�E����D�nigl Tiburcio
4a60 M' 772-321-1566
ewMmay tries eilleobir+uaswnielm Daniel_tiburcio2@comcastcom
Pa j� e. Daniel Tiburcio Construction spec) 2 11/11/2022
Authorized Signature Typed Name&Title Phone No. Date
Okeechobee Utility Authority
fohn Hayford
863-763-9460
100 SW 5th Avenue
- Jofin F-Hayfoord
John Hayford>? �; ---� = 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
Ivan Gibbs/Engineering Technician 561-723.3459 9-23-2022
Authorized Si ature Typed Name&Title Phone No. Date
*REQUIRED ONLY FOR CITY OF OKEECHOBEE&FIRST ADDITION TO CITY OF
OKEECHOBEE SUBDIVISIONS
Hamrick Estate 7.Vb4 /(,e,•-f !c W H >>
Gil Culbreth,Co-Trustee i,v 7'jsf �'7'l� /*-.t-M7
863-763-3154
9-2/-222_
Authorized Signature Typed Name&Title Phone No. Date
in v vt:
• •
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.corn
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
• •
IJG OKEECHOBEE
: 163250 1 ' ",` 401632 B:f/0 'Pt NW •,
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1 401632 ABC:3/0 . 163245
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TECHN/MC sPEZ/Al/W/
Wilr//OBEE faVICE CENTFk-ff1
825 NE 34'AVE
OKEECHOBEE FL 34972
OFC 863-467-3708
EMAIL:DONNA.PADGETT@FPL.COM
Supervisor:
ALEX NEHER
772-337-7058
2
• •
11
11/10/2022 CenturyLink
Steven L Dobbs
209 NE 2"0 Street
Okeechobee, FL 34972
P843296
No Reservations/No Objection
SUBJECT: vacation request for a portion of platted road right-of-way known as N.W. 5"1
Avenue, Okeechobee, FL,
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/ V-NAC, R/W-AMC
Network Real Estate- ROWA
33 North Main Street
Winter Garden, FL 34787
Victoria.bucher(a�lumen.com
Exhibit A
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Legal Description of the Right-of-Way to be Abandoned: 1/2 j
ALL THAT PORTION OF NORTHWEST STH 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 SAT PAGE 5OFTHE
PUBLIC RECORDS OFOKEECHOBEE COUNTY,FLORIDA.
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Walpole—NW 5th Avenue Abandonment
Post Abandonment Exhlir-ibit
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• •
MAY 2 3 2324 Ofcii Reads Foe*20240106 Page(s)2
Jerald 0 Bryant
Prepared by/Return to: Steven Dobbs d Gerk of the Crcurt Court 8 Comptroller
SLD Newlines Engineering, 209 NE 2 Street Okeechobee, FL 34972 Okeectxxxee FL Recorded 9'Zirxyz4 11 24 AM
Fees: RECORDING S18.50 D DOCTAXPD$070
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 and unto their successors and assigns forever.
WITNESS as to the Party of Fort Drum Corporation
the First Part ,
40,▪ -s-�_
:WITNESS 209 NE 2nd St, Okeechobee FL 34972 Jay alpole
Printed Name: tjro.:*oih'Ae•.' 7T0,07.4t—•-• n er
-�/f L /A4-e-'y--------
WITNESS 209 NE 2"°St,eechflbee FL 34972
Printed Name:_ M• -1 /�Lfjli
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.
S'U1'...L._ Si'+..."''•. JENPlIFER S 811S81N
Notary bl n �
:*1 MY COMMISSION NH
�^`'P EXPIRES:June 22,2026
My Commission Expires: . 1 — Z3 , ZoZ� ! � Ot"�
w a
EXHIBIT"A"
LEGAL DESCRIPTION
ALL THAT PORTION OF NORTHWEST STH 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.
• • MINUTE FILE
Tien? W.A.
A Lake Okeechobee News
I 313 NW 4th Avenue
. DEPENDENT Okeechobee, FL 34972
863-763-3134
NEW$MEDIA INC. USA
STATE OF FLORIDA CITY OF OKEECHOBEE PUBLIC NOTICE
COUNTY OF OKEECHOBEE CONSIDERATION OF ADOPTING A CITY ORDINANCE
NOTICE S/ERMYGIVEN Tattle ay Card d the Ciyd 01®einbee
Before the undersigned authority personally appeared Ka- "" $s ,2124 ks,
trina Elsken Muros, who on oath says that she is Editor 'r"��ado�°"d",eTO�"a„�"v�°b>29°r
AN ORDINANCE OF THE CITY OF OKE.EUi08EF.H 0R]DA;VA-
in Chief of the Lake Okeechobee News, a weekly news- A ,A� STM
paper published in Okeechobee County, Florida; that the a'-'s 46 AND 47' •ACCORDING TD THE PLAT
i THEREOF A$RECORDED IN PLAT BOOT(5,PAGE 5,PUBLIC RE-
attached copy of advertisement, being a Public Notice in "CfM ' HJ-W r(-a )A AS JB I"NE IN
SLIC-
the matter of CECFSSO SPANDDAASSI A NING FOR EON-EXCLUSIVE
EMENT FOR PUB-
LIC UTL.ITIES PURPOSES;PROVIDING FOR DIRECTING THE CITY
Public Notice CLERK TO RECORD THE ORDINANCE IN THE PUBLIC RECORDS OF
THE CLERK OF THE CIRCUIT COURT IN AND PUB OKEECHOBEE
in the 19th Judicial District of the Circuit Court of P I ANE EL E °"G
Okeechobee County,Florida,was published in said news- The Whicartdivte,ested Parties are tnab'adand be heard
t' and may sumE writer/oral commentsb 'oreoratLhen rg.
paper in the issues of The proprlsed Ordiurcte�can to r vend rt as e"tieiy at the address
06/19/24atx= 0 d el 'sL it
pasead cline OR week dr&to the Rik t'eer►5 dam,wit the ON Canal
(Print Dates) A � N"NY°.° d>eemm
or by publication on the newspaper's website,if authorized, BE ADVISED tlet Maid yea held tD 6hOm WV doarre,P vklea,atenstotheayCardirn at cr 0PlIcatrltDairyfaitonthe
on a d the PimrG video,v tern met be provided to Sly
06/19/24, 06/20/24. 06/21/24, 06/22/24. 06/23/24.06/24/24. 06/25/24, • nn t Card NM °m r7°mr IBI
06/26/24 rneetirg wi need to
dt resod terry �E be
(Website Dates) based.In aTIRW wil ae t the°"more"Mtt[�ltitla'Yf,PesarswE,-s-
&lies neeqinyg spell acu r.rt 4rt to pat«.pate it ttsP 9shald
Affiant further says that the newspaper complies with all rwao-i-Irq C Meat(Ike enfurt per=x dayspnortai �FIa7lrg irtp3el:
legal requirements for publication in Chapter 50, Florida °`°"OaicLdf1eG3L'°a''`Y'E paoBB�7g
g q P 656fl3I Lrn 6/19/2024
Statutes.
1234 •
Katrina Elsken Muros Q IIEGEIVED ...
Sworn to and subscribed before me by means of
N JUN 20 2024 a
ElPhysical Presence �X Online Notarization o
physical presence or online notarization, this aa6) 'a
20th day of June, 2024. 9 9 y e Z ‘
_\-fir _-._ 1 . 1-1, 8I--' - - ----
;;,.::� s:,rf'E'sue/ 'MOyR�AY
MiCC IN5S N*+129t4°
[....'. _,,,:7 F.XPI4ES: n.xis
(Signature of Notary Public)
STAMP OF NOTARY PUBLIC