Blk 69 CONNERS HIGHLANDS/Watson, Wayne & Marie/Alley
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AGREEMENT
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE,
FLORIDA, a Florida municipal corporation (hereinafter "CITY") and
WAYNE B.WATSON JR. and MARIE O.WATSON, his wife, (hereinafter
"OWNERS"), dated this 22nd day of July, 1996.
WHEREAS, OWNERS hold fee simple title to the following
described real property in Okeechobee County, Florida, to wit:
Lot 10 and W ~ of lot 9, Block 69, Conners Highlands,
according to the Plat thereof recorded in Plat Book 1, Page
21, Public Records of Okeechobee
County, Florida; and
WHEREAS, OWNERS have certain improvements in the form of a
chain link fence located on Lot 10 & W1/2 of 9 which encroaches in
the public easement in said Block 69, which is owned by the CITY,
and
WHEREAS, the parties desire to amicably resolve the problem of
the encroachments.
NOW, 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 OWNERS 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. 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.
IN WITNESS WHEREOF, the parties hereto set their hands and
seals on the aforesaid date.
Signed. sealed and delivered
in the presence of
CITY OF OKEECHOBEE, FLORIDA
(seal)
:-(
Mayor
ATTEST:
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STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Page 2. of 2,
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C1Y\()A..,\~ G- Lt M.A~
MARIE O. WATSON, Owner
BEFORE ME, the undersigned authority, personally appeared WAYNE B WATSON,
JR. AND MARIE O.WATSON, 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:
BEATRICE CASTORINA
MY COMMISSION' CC 428088
iJi EXPIRES: FebruIrY 24. 1999
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