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<br />This Instrument Preared by:
<br />Richard W. Taylor, Esquire
<br />112 north Florida Avenue
<br />DeLand, FL 32720
<br />AGREEMENT
<br />This Agreement is made and entered into this the day of
<br />June 1959 by and between BARRY S. DRACKETT, the unremarri.ed widower
<br />of FLORENCE N. DRACKETT, hereinafter referred to as "DRACKETT", and
<br />TURNER BUILDERS OF VERO BEACH, INC., hereinafter referred to as
<br />"TURNER", and COUNTY OF INDIAN RIVER, FLORIDA, hereinafter referred
<br />to as "INDIAN RIVER COUNTY".
<br />WHEREAS,pursuant to deeds recorded in Official Records Book
<br />0714, Page 1199, Public Records of Indian River County, Florida,
<br />DRACKETT acquired a parcel of property in Indian River County,
<br />Florida described in said deed as:
<br />Lot 50, AMBERSAND BEACH, SUBDIVISION NO. 1, according to
<br />the plat thereof as recorded in Plat Book 7, Page 8A of the
<br />Public Records of Indian River County, Florida, together
<br />with the improvements thereon, LES; AND EXCEPTING therefrom
<br />the right-of-way for U.S. Hwy A -1-A.
<br />WHEREAS, pursuant to deed recorded in Official Records Book
<br />0868, Page 1525, Public Records of Indian River County, Florida,
<br />TURNER acquired a parcel of property in Indian River County, Florida
<br />described in said deed as:
<br />Lot 51, AMBERSAND BEACH, SUBDIVISION NO. 1, according to
<br />the Plat thereof as recorded in Plat Book 3, Page 76, of
<br />the Public Records of Brevard County, Florida; said lands
<br />now lying and being in Indian River County, Florida. Less
<br />and excepting the right of way for AIA.
<br />WHEREAS, the properties of DRACKETT and TURNER are adjacent to
<br />each other, but the boundary between their properties is in dispute,
<br />and,
<br />WHEREAS, the party who first placed improvements on Lots 50 and
<br />51 AMBERSAND BEACH, SUBDIVISION NO. 1, according to the plat thereof
<br />as recorded in Plat Book 7, Page 8A of the Public Records of Indian
<br />River County, Florida, intended that the line of division between the
<br />property of the parties to this agreement would provide for the
<br />Drackett house, garage, driveway and sidewalk to be on the Drackett
<br />parcel and meet all necessary setback requirements, but through
<br />mistake or fraud, the proper line of division was not used in the
<br />documents of conveyance, and,
<br />WHEREAS, the parties wish to amicably resolve their differences
<br />and provide for a clear and certain boundary between their
<br />properties, said line to be equidistant from TURNER'S house and
<br />DRACKETT'S house and garage where there is not sufficient space to
<br />meet the full setback of 10 feet, and the parties wish to settle the
<br />law suit between them in a manner that puts both properties in
<br />compliance with applicable setback requirements of the Code of Indian
<br />River County and resolves the pending a code enforcement action in a
<br />manner that results in no fine or penalty to any party.
<br />NOW THEREFORE, in consideration of the mutual promises contained
<br />herein, Ten Dollars and other good and valuable consideration,
<br />receipt and sufficiency of which is hereby acknowledged, the parties
<br />agree as follows:
<br />1. DRACKETT owns that part of Lots 50 and 51, AMBERSAND BEACH,
<br />SUBDIVISION NO. 1, lying Southerly of the following described line
<br />and TURNER owns that part of Lots 50 and 51, AMBERSAND BEACH,
<br />SUBDIVISION NO. 1, lying Northerly of the following described lines:
<br />SEE ATTACHED EXHIBIT A
<br />In the event any of the monument's described in this agreement
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