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1995-44 Revocable Encroachment Agreement with Richard Jackson QS-413438 T#OOl ~ 09-22-95 11:06AM RESOLUTION NO. 95-44 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE A REVOCABLE ENCROACHMENT AGREEMENT WITH RICHARD JACKSON, 6550 N.W. 87TH AVENUE, PARKLAND, FLORIDA WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens to execute a Revoc:.lble Encroachment Agreement with Richard Jackson, 6550 N.W. 87th Avenue, Parkland, Florida, permitting the malntainenance of an entrance structure that encroaches upon a portion of the City's right-of-way on N.W. 87th Avenue, attached hereto and made a part thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1. The appropriate City Officials are hereby auth~rized to execute a Revocable Encroachment Agreement with Richard Jackson of Parkland, Florida. Section 2 This Resolution shall take effect immediately upon Its passage and adoption. PASSED AND ADOPTED THIS ....LDAY OF SEPTEMBER, 1995. r...~ ", ' ': .><~~f~"~'; ,:~: . / .' ~RA, MAYOR ,',"',...",..,:.' .,~, .,,\\ _. :'1 J\ ;,.~ . !~'.'~ . ..,..... o'! . .... ~.."t .. <i,., ',' ,'" 4 .,........,,, ,O'/'J ~.' . '~'" .i .... ~.. If, .,9-'. "-'. .~. .~.... .. :: \.=J.." .. ., '=:.' .... ... " . '" . l ~ ~ ..! ,.-..; i\ ~1 .: ~ ..~ " SUSAN ARMSTRONG, C.M.C., 'CLERK .:;-. ~ : : c: ~-;\ ;-\.:-.:::~ .~. ,...... . ~l # U,;j;.J... .-. . - - b~.:~>\.-;q::.... . .' ../.j~../ ... FEE ITEM' "'_'-<:~, --;.!./)~~........,.:;.~,. -.: .:." R"TUR~' TO ..j: -"i 'v C"">l~'~" ...- C ,t'J I .-,'0 ',.,' V"J FRONT RECORDING ;'- ,:'.:1::1:::,.,>,' co ~ N 'eN ~ :" C> -0 Cj) o co U1 N ~r REVOCABLE ENCROACHMENT AGREEMENT THIS IS A REVOCABLE ENCROACHMENT AGREEMENT, entered into this 6 day of September , 1992., by and between: CITY OF PARKLAND, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and RICHARD JACKSON, hereinafter referred to as "OWNER". . OWNER owns the following described property located at 6550 N. W. 87th Avenue in the City of Parkland: OWNER desires permission from CITY to maintain an entrance structure, which, through inadvertence and error, was built into and encroaches upon a portion of the CITY'S right-of-way on N. W. 87th Avenue adjacent to OWNER'S property described above. The encroachment occurs at the western boundary of OWNER'S property and amounts to a one foot encroachment into the CITY right-of-way in the location of the entrance wall on 87th Avenue. In consideration of the mutual covenants and the conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated into this Agreement. 2. During construction of a concrete entrance wall on OWNER'S property, portions of the subject wall, through inadvertence, were actually built into, so as to encroach upon, the right-of- way of N. W. 87th Avenue. CITY grants OWNER'S permission to continue to maintain such encroachment into the right-of-way as identified above. OWNER acknowledges that he will bear all costs associated with removal, if removal is required as set forth below. 3. OWNER agrees to indemnify and hold the CITY hannless from any and all liability incurred now or in the future as a result of any claim, injury, death or property damage, directly or indirectly resulting due to the existence of, or the failure to maintain, the encroachment or any part of it. 4. It is understood that this Encroachment Agreement is granted to OWNER for his sole benefit and as a special exception to the policy of the CITY and that this Agreement shall be construed most strictly in favor of CITY and against OWNER. co ;roc: N :w \D ... o -0 en c:> CO U1 W 5. It is agreed that OWNER shall remove the encroachment or any portion of it at any time that the CITY requires the use of any portion of the ENCROACHMENT AREA, or determines that continuation of such encroachment is not in the public interest. Such removal shall .be at OWNER'S sole cost and expense. In the event OWNER fails to remove all or any part of such encroachment within thirty (30) days after written demand by the CITY to do so, CITY is authorized to remove the encroachment or any portion of it and all costs associated with the removal shall become a lien against OWNER'S property as described above, which lien may be enforced through foreclosure and shall include court costs and reasonable attorney's fees. 6. This Agreement shall not be effective until it has been executed by all parties and recorded by OWNER in the public records ofBroward County, Florida at OWNER'S expense... .... 7. The provisions of this Agreement are covenants running with the land described as OWNER'S property above and are binding upon OWNER and his respective successors and assigns. . . 8. This Agreement shall be of no force and effect if not properly executed by all parties within ninety (90) days from the date first appearing above unless the parties by mutual agreement in writing shall, for good cause, extend the time for execution. IN WITNESS OF TIm FOREGOING, the parties have set their hands and seals the day and year first written above. co ~ N W ~ ~~~ AUDREY KAPULER (Witness - print or type name) CITY OF PARKLAND .... By: ~~~ Mayor al P iara o -0 en o CO c..n + AUDREY ULER (Witness - print or type name) By: z .~II . (CORPORATE SEAL),'::";:'" ~,t ')' . ~ t. I ,i.. :t. . "~'.:.:?'~ ,"0.' . . I."., ',! .( \. ..:\:) .,.. ....!?;l(,1I "",,',?, . ;~ _"- ...- ',........... I"..I^ ~.. ' '.:- .... J..... 'I' '..""4J ':". ", a ~ ~" i.,,'. " ~ o\"i :// .. ~ "::. :' l':!l ? .,-,."It' .t~ 1 , ~ ~: ; ..- ~ ~ :(' .......~~.--.. ~. '4 ~ 0,..J6 1 =;- :.\~; ~\. "-.- ~i~;;'" . ..:.~:,. ...f~'..J.. ',', .:.];,..~. ...s:.~..,"'\ . '" . '!) .... ..\~ '". . ';::;.. "1,: CO\ha' " i) ~:.i;".:~t_ ,..~.,\~ .~'>,r'. ATTEST: ,s;...~~~ City Clerk Susan s - rong APPROVED AS TO FORM: ~~ Maurodis WITNESSES: OWNER ~~~--~ SUSA-rI /l/(H1S rno J1&- (Witness - print or type name) BY:&.'C.~~ Richard son STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this ~ day of September, 1995, by SAL PAGLIARA, Mayor of the CITY OF PARKLAND, a municipal corporation of Florida. He is personally kIiown to me and did not take an oath. (SEAL) ~&w9Jr;-~ Notary Public, State ofF !ilia" (Signature of Notary taking acknowledgment) Helen M. Lynott Name of Notary Typed, Printed or Stamped Commission Number HELEN M. L VNOTT MY COMMISSION , CC GI040 EllPIAES: FtbMIy 18. 18118 My Commission Expires: STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this -6.... day of Septp-mher, 1995, by HARRY MERTZ, City Manager of the CITY OF PARKLAND, a municipal corporation of Florida. He is personally known to me and did not take an oath. OJ rc; N W u:;) ... (SEAL) NO~Fl~ (Signature of Notary taking acknowledgment) o -0 (i') o c::> U1 U1 Belen M. Lynott Name of Notary Typed, Printed or Stamped My Commission Expires: Commission Number HELEN M. LYNOTT flCPIIll!8: fIIIlu.r 1" 1. \llIl*d 11IllI"" NIl ......... STATE OF FLORIDA COUNTY OF BROW ARD The foregoing instrument was acknowledged before me this --.!..9day of Sept. 1995, by RICHARD JACKSON. He is personally known to me or has produced Florida Driver I s License as identification and did not take an oath. (SEAL) NQ~~ (Signature 'of Notary taking acknowledgment) Helen M. Lynott Name of Notary Typed, Prip.tedor Stamped My Commission Expires: Commission Number HELEN M. L VNOTT , cc CII040 EXPIlE8: ftIIn*Y 18. 1. IandId 11lN NaIIIy NIlIo IbIIIwrIIn ',CCrlCri; :;'i ~~~ OmCIAL REC~OS lOOK !:J= \.~:i0V/A:iJ COUNTY. fWRIM ,~~ .~.ISTMTOIl --JJ, OJ n; N W \D .... c:> -0 G") c:> CO U1 0'\