HomeMy WebLinkAbout177-Seminole CountyWATER R~CLAMATION T~ANSMISSION LINE
UTILITY EASEMENT AG~R~NT
T~IS UTILITY EASEI~91T is made and entered into this 2~thday of .]~nl]~y ,
1988 , by and between SEMINOLE COUNTY, a political subdivision of the State of
Florida, whose address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as the GRANTOR, and the
CITY OF SANFORD, a Florida municipality, whose address is 300 North Park Avenue,
Post Office Box 1778, Sanford, Florida 32772-1778, hereinafter referred to as the
GRANTEE.
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WI TNE S SETH:
FOR AND IN CONSIDERATION OF the sum of ONE AND N0/100 DOLLAR ($1.00) and
other good and valuable consideration, the receipt of which is hereby acknowl-
edged, GRANTOR does hereby grant and convey to the GRANTEE and its assigns, a
non-exclusive temporary easement for utility purposes, with authority to enter
upon the following described property for the purposes of constructing and
installing a reclaimed water main over, under and through the following-described
lands situate in the County of Seminole, State of Florida, to-wit:
The Northerly 20 feet of Lots 18 and 19 and the Northerly 20
feet of the vacated alley of Lake View Park Subdivision, as
recorded in Plat Book 3, Page 41 of the Public Records of
Seminole County, Florida.
TO HAVE AND TO HOLD said easement and right-of-way unto said GRANTEE and its
assigns for a period of three (3) years from the date this Easement is executed
by the GRANTOR, and GRANTEE covenants to restore the property within the Easement
Area to the condition that it was in prior to any use by the GRANTEE and to,
further retain all utility of the property in its restored condition.
NOTHING contained in this grant of easement or contemplated is intended to
or shall increase GRANTOR's liability for personal injury or death or for any
property damage, and it is hereby expressly understood and agreed by the GRANTEE
(a) that GRANTOR does not assume any such additional liability, (b) that liabili-
ty arising out of the use and occupancy of the Easement Area by GRANTEE, its
employees, agents, contractors, or any representative, is hereby assumed by
GRANTEE and shall be at the sole and exclusive risk of GRANTEE, (c) that GRANTEE
shall answer and satisfy to GRANTOR's satisfaction any and all complaints,
(d) that GRANTEE shall, to the maximum extent authorized by Section 768.28,
Florida Statutes, protect, remiss, defend, acquit, hold harmless and indemnify
GRANTOR from and against any and all actions, claims, damages and/or loss,
including, but not limited to, all costs and attorney's fees, occasioned by or
growing out of any actual or claimed usage or condition of the aforedescribed
Easement Area arising in any manner whatsoever, directly or indirectly by reason
of this grant of easement to GRANTEE for the use and occupancy of GRANTOR's
premises by GRANTEE, its employees, agents, contractors or any representative,
and (e) that GRANTEE covenants not to interfere with GRANTOR's facilities in any
manner whatsoever and shall fully indemnify GRANTOR from any and all losses as in
Section "(d)" above resulting from such interference.
This instrument prepared by: Lonnie N. Groot
Assistant County Attorney
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
Documentary Ta~ Pd. $
Intangible T-3x Pd.
C,,unt,t ~,;: C.
IN WITNESS W~u~8OF the GRANTOR has executed this Agreement by action of the
Board of County Commissioners acting by and through the Chairman of said Board,
and the GRANTEE has executed this Agreement by action of the Sanford City
Commission'by and through the Mayor.
ATTEST~"
~O~erk ~c% ~h~B~ard ~f
C~nty~ Commis~i~oner~ of
e%inol* c h y, F %rida.
For %h9 use- and ~reliance
of Seminole 'County only,
Approved as to form and
legal sufficiency.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA (GRANTOR)
F~D W. STRL%ETMAN, JR., Cha~man~
Date:
(SEAL)
As authorized for execution by
the Board of County Commissioners
at their ~'~ ~ !, 19~
regular mee~g. ~ I~ ,
ACCEPTANCE BY GRANTEE
ATTEST: CITY OF SANFORD
HENI~ N. TA~w/JR., 'Cl~k~ BETTYE/~. SMITH, Mayor
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(SEAL)