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1037 Extend Street Closing Uli►►i11111 ~11111111011011 liiigiiiiii►1i11Ili.h uilui FILE x 2009000154 OR BY 00664 PG 0792 DATE: 01107/2009 02:27:3' SHARON ROBERTSON? CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY? FI RECORDING FEES 18.50 RECORDED BY R Parrish P9s 0792 - 793; (tat ORDINANCE NO. 1037 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA EXTENDING THE OPERATION OF ORDINANCE 1019 AS PREVIOUSLY ADOPTED; PROVIDING FOR EXTENSION OF TIME IN WHICH DEVELOPER PROVIDE EASEMENT TO THE CITY OF OKEECHOBEE; PROVIDING FOR AN EFFECTIVE DA'Z'E. WHEREAS, the City of Okeechobee adopted Ordinance No. 1019, which ordinance closed or vacated a certain street within the City at the request of developer David and Anita Nunez, being Northeast 2"d Street from Northeast 7th Avenue East to the dead-end as situated between Blocks 147 and 148, to facilitate the construction of a new commercial building on the site of developer; and WHEREAS, as is typical for such ordinances within the City, provision was made for a reverter of the street closing to cause the subject street to revert, and re-open for public use in the event the developer did not provide the City an easement over the closed street, or proceed with construction plans; and WHEREAS, in this instance, the developer through oversight neglected to provide the City an easement over the street within 60 days of passage of said Ordinance; and WHEREAS, the subject street would be considered re-opened due to this oversight, but the City does not wish to require the developer to commence the street closing process over again, and it is in the best interests of the City to extend Street Closing Application No. 88 of Ordinance No. 1019; NOW, THEREFORE, BE IT ORDAINED by the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: Section one That Ordinance No. 1019 as previously adopted is amended to permit developer to provide an easement to the City over the closed street, and the date for such easement is extended to and including January 31, 2009; to cause the subject street in such ordinance to remain closed to the public as provided for in said ordinance, to facilitate the final construction of developer commercial structures. Section Two. The City Clerk shall cause a certified copy of the ordinance to be recorded in the public records of Okeechobee County, Florida. Section Three. This ordinance shall be set for final public hearing the 6th day of January, 2009, and shall take effect immediately upon its adoption. INTRODUCED for first reading and set for final public hearing this 2nd day of December, 2008. ATTEST: James E. Kirk, Mayor Lane Gai•niotea; f, MC,, City Clerk Ordinance No. 1037 - Page 1 of 2 PASSED and ADOPTED on second and final public hearing this 66"' day of January, 2009. James E. Kirk, Mayor ATTEST. tit Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1037 - Page 2 of 2