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BOOK .1. PtiCL
942
AGREEMENT
THIS AGREEMENT, BY AND
FLORIDA, a Florida municipal
JOHN T. POWERS and LOUISE
"OWNERS"), dated this 10th
BETWEEN THE CITY OF OKEECHOBEE,
corporation (hereinafter "CITY") and
E. POWERS, his wife, (hereinafter
day of August, 1988.
WHEREAS, OWNERS hold fee simple title to the following
described real property in Okeechobee County, Florida, to wit:
Lot 4, Block 2, Wilcox Shores, according to the Plat thereof
recorded in Plat Book 3, Page 16, Public Records of Okeechobee
County, Florida; and
WHEREAS, OWNERS have certain improvements in the form of a
chain link fence located on Lot 4 which encroaches in the public
easement in said Block 2, which is owned by the CITY, and
WHEREAS, the parties desire to amicably resolve the problem
of the encroachments.
ROW, THEREFORE, in consideration of the mutual promises and
covenants set forth herein, the parties agree as follows:
1. The CITY agrees to forgo any action to compel the OWNERS
to remove the existing encroachments from the public property so
long as the OWNERS abide by the terms of this agreement. The
forbearance by the CITY shall not constitute a waiver of any rights
in and to the public property affected nor shall it be deemed as
acquiescence to a claim of adverse possession or of prescriptive
easement by the OWNERS.
2. The OWRBRS agree that they shall not expand the
encroaching portions of the chain link fence nor shall they upgrade
or improve said chain link fence, other than necessary maintenance
to preserve the existing design and construction of the chain link
fence.
3. The OWNERS agree that they shall, at their expense,
remove the encroaching chain link fence, including any portion
within any required set back areas, within seven days of receipt
of written request by the CITY for such removal. Such removal
shall occur for any reason or purpose advanced by the CITY,
including needed maintenance or repair. Should the CITY, for valid
reasons, require the removal of the chain link fence on less than
seven days notice, the OWNERS agree to exercise reasonable efforts
to comply with such requests.
4. That the OWNERS agree that the covenants herein shall bind
themselves, their heirs and assigns, and said covenants shall run
with the land.
IN WrrRESS WHEREOF, the parties hereto set their hands and
seals on the aforesaid date.
Signed. sealed and delivered
in the presence of
CITY OF OKEBCHOBEB, FLORIDA
(seal)
ATTEST:
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BONNIE THOMAS, City Clerk
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Page 2 of 2
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JOBR T. POWER~, Owner "
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ISE B. POWERS, Owner
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BOOK 315 nCE 943
BEFORE ME, the undersigned authority, personally appeared JOBR
T. POWERS AND LOUISB E. POWERS, known to me to be the Owners
described above and who executed the foregoing instrument for the
purpose described herein. ",
Prepared by:
John Cook
Attorney for City
202 N.W. 5th Avenue
Okeechobee, Florida 34972
Return to:
City of Okeechobee
City Hall
55 S.E. 3rd Avenue
Okeechobee, Florida 34974
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NOTARY PUBLIC '
My Commission Expires:
Notary Public, State Of Florida At Large
My CommiSSion Expires Feb 24 1991
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