Hurst
1111I11111111111111I11111111111I111111111111111111I111111111
FIL.E NUM 2007003175
OR BK 00624 PG 1288
SHARON ROBERTSONr CLERK OF CIRCUIT COURT
OKEECHOBEE COUNTY, FL
RECORDED 03/01/2007 03:06:09 PM
RECORDING FEES 18.50
RECORDED BY N Arnold
LICENSE AGREEMENT hs. 1.2f;8 - 1287'; (2pgSI
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE,
FLORIDA, a. Florida Municipal corporation ~here~er "CI~: '. a~d Albert E. and Ethel
Hurst, (hereinafter "OWNER(S)"), dated this .01 day of ,( v( i.liL~"':" , 2007.
WHEREAS, OWNER(S) hold fee simple title to the following described
real property in Okeechobee County, Florida, to wit:
Lots 1, 2, 3 and the East one-half of Lot 4, of Block 241, FIRST
ADDITION TO CITY OF OKEECHOBEE, according to the Plat thereof
recorded in Plat Book 1, Page 11, public records of Okeechobee
County, Florida; and
WHEREAS, City owns the following alleyway:
That 15 foot wide alleyway running East to West and located between
Lots 1 through 4 and Lots 9 through 12 of Block 241, FIRST ADDITION
TO CITY OF OKEECHOBEE, according to the Plat thereof recorded in
Plat Book 1, Page 11, public records of Okeechobee County, Florida;
and
WHEREAS, the OWNER(S) desire to make certain improvements in the form of
erecting a fence on a portion of the alley bordering their property to the south on the
alleyway adjoining between the Lots 1 through 4 and Lots 9 through 12 of Block 241,
which is an open, unimproved alleyway, which is owned by the CITY.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
1. The CITY hereby grants this revocable license for use of the alleyway with
the understanding the OWNER(S) will maintain the alleyway and should it
ever become necessary to remove any fence, landscaping or any
improvement thereon, in order to allow either the installation, or maintenance
of water, sewer, or other utility lines or any other type of installation or
construction, or for any other reason chosen by the CITY, the pavement,
landscaping or any improvement thereon, will be removed by the OWNER(S)
or their agents and/or assigns at the OWNER(S) expense 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 pavement, landscaping or any
improvements thereon less than seven days notice, the OWNER agrees to
exercise reasonable efforts to comply with such requests.
2. OWNER(S) agree and shall hold the CITY harmless for any and all action,
suit, claim, injury or cause of action of any nature arising out of owner's
permissive use, and indemnify CITY for such, including costs and attorney
fees.
3. That OWNER(S) shall not, by such improvements made to that described
alleyway, obstruct, close or otherwise restrict access to the alleyway for
travel thereon by the CITY or the general public.
4. That the OWNER(S) agree that this license is non-assignable without the
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express written consent of the CITY; and if transferred, the covenants herein
shall bind themselves, their heirs and assigns, and said covenants shall run
with the land.
5. The City Clerk shall cause this agreement to be recorded in the public
records of Okeechobee County, Florida.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the
aforesaid date.
Signed, sealed and delivered in presence of:
cetJ!e~r~, ~ff
Albert E. Hurst
Ol\~t:
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~k~ t:luJY.k"'-
ri t Name of Witness: ..::J4c.r1,.t:;:L.INt..: D""..U.J4(}-(
Address of Witness: $s~t;; i1J,':'i> dv..;
()U4iC:..I-J"liJ(;.~ r:L ~3vt; 7'1
(;;_d/~ 'd~~c/J
Ethel Hurst
STATE OF FLORIDA
COUNTY OF OKf't'(,Cld'Jee
The fO~Oing instrument wa" acknowledged before me this qifA day of
. b.r{,w (, ' 20J2Z.., by Albert E. Hurst and Ethel Hurst, who signed in
the presence 0 these witnesses; and who produced
as identification or is personally known.
) , " ,-
. ' ttf l J...'
Notary Public Si nature
fif e) ; s,c,- fl, ftii,~.5
Name of Notary typed, printe or stamped)
Co . .
;2f~~
Donnie Robertson, Public Works Director
(city seal)
UIrL{]) if.(;~
iotea, City Clerk
Reviewed for Legal Sufficiency:
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