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HomeMy WebLinkAboutResolution No. 1986-33MICROFILMED AUG 87 RESOLUTION NO. 86 -33 A RESOLUTION APPROVING A NEW MAINTENANCE AGREEMENT FOR THE PLAT OF HARBOR HEIGHTS TOWNHOUSES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City adopted Resolution No. 86 -6 which approved the plat of Harbor Heights Townhouses; and WHEREAS, said approval was contingent upon the maintenance agreement for the 34 foot wide easement shown on the plat being fully executed; and WHEREAS, the developer has amended said maintenance agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The attached maintenance agreement for the plat of Harbor Heights Townhouses is hereby accepted. SECTION 2. This Resolution shall become effective immedi- ately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this ATTEST: 20th 3i. ClIty Clerk Approved as to Form: City At-. orne day of May , 1986. Mayor NAME YES NO FISCHETTI KIDD X LEE X MARCHETTI X NICHOLAS W. 6. f• UNMNANCI: AGREFMUF 71115 wREENBNr made by and between Louie Ihman, owner and the CITY OF CAPS: ChtiAt7iRAL, Florida hhunicipal Corporation, an this 16th day of FdI UKN April, 1986. - MITN9SSRTH1 wilEREAS, the City of Cape Canaveral is the owner and holder of a twenty- four,(24) foot wide easement for Ingress and egress as described in Official Records Good 257S. Page ,226S. Public Records of Brevard County. Florida, and wT -REAS, the twenty -four (24) foot easement in favor of the City of Cape Canaveral is encompassed within the thirty -four (34) foot casement loacted on the southeastorn portion of the Plot of HARBOR IB:IMS TOh48 MMS. and 1A1¢REAS, the parties hereto wish to clarify :their respective main tcnance obligat.lony and rights concerning the thirtY-fOur (34).foot easement shown on the Plat of HARBOR JEIG l5 111YB017t15BS. N(rh, WEREPORE, for good and valuable consideration and In consid- eration of the mutual covenants heroin, the parties hereto agree as follows. 1. That Louie Hutson, and his successors and assigns, the owner of ItARBtNt HEIGM 7'OWN1OOSE5, as recorded in Plat Rook _,_. Page - public Records of Bravard County, Florida. do hereby agree to be solely responsible for the maintenance fo the entire easement thirty - four (34) foot wide sham of the Plat of INRBOR IM1Qir5 TOnt9UIJSES, including the twenty -four (21) foot oasmtent wood and held by the City of Cape Canaveral, 2. That the City of Cape Canaveral, as the amar mid holder of the foresald twenty -four (24) foot, easement for the benefit of the adjoining property owners mad for the benefit of the public at large. hereby expressly reserves access to the eaaemant mrea for emergency Attadnennt.to Resolution No. 86 -33 Ism" 1 of 2 It-pairs and other ligitimate purimses of the City of Cape Canaveral DATED this 1]2� day of O� n %_' 1986' LOUIE 11UHM CF CAFE `Nij STATIE OF FLORIDA cotta Y OF BREVARD i HEREBY CERTIFY that on this day, before me. An officer duly authorized in the StatC untyafafores to take be the acknow- ledgmentS. personally Agreement known to b and Ib lwrson descirbed in and who executed the forgoing acknowledgod before me the[ they executed the samo. .. WITWIESS my hand and official, sea, in the county and 5ta[e Last aforesaid this AWL day of,191C.1. (SEAL.) nx� my commission Expires; S7ATE OF FIARIOA c " COLNN OF BREVARD I HEREBY CERTIFY that oa this day. before me. an officer duly authorized in the State of resaid to take acknow- ledgemnts, personally appea as t o Yor [ ty ark of and Janet S. Leaser to the persons described in and Cape avers . to instrument and they acknowledged who executed the foregoing behalf of the City of before me that they executed the same on Cape Canaveral. WITtd:SS my hand and afficial so*I in the County and State last aforesaid this 1 t April. (SEAL) My Commission Expires3R!T4+ .J. :. ..;... Attest to tlasolution No. 86-33 Page 2 of 2.