HomeMy WebLinkAbout014-Edward & Mary W HigginsAGREEMENT
THIS AGREEMENT, made this // day of May, 1963, by
and between Edward Higgins, Jr. and Mary W. Higgins, his wife,
parties of the first part, and City of Sanford, Florida, a
municipal corporation, pary of the second part, witnesseth:
WHEREAS, this is to correct an unrecorded agreement
dated April 24, 1950, and
WHEREAS, parties of the first part are owners of certain
real property situate in Seminole County, Florida, in Plat of
Rose Court, as recorded in Plat Book 3, pages 3, 4 and 5,
Seminole County Public Records, and
WHEREAS, party of the second part in the operation of
its garbage collection trucks and other sanitary equipment
has made use of a way established across part of said real
property owned by parties of the first part, which use parties
of the first part desire to have discontinued and which use
party of the second part is agreeable to discontinue upon
provision by parties of the first part of an easement across
other real property owned by the parties of the first part for
the aforesaid uses by sanitary and other vehicles of party of
the second part,
NOW, THEREFORE, in consideration of the agreement of
party of the second part to discontinue use as an alley of
the way heretofore so used across the lots between Lots 42,
43 and 44 of Rose Court as per plat above referred to, parties
of the first part do hereby grant to the party of the second
part, its successors and assigns, full and free right to enter
upon, cross and use for alley purposes the property owned by
parties of the first part described as follows:
West 167 feet of the North 12 feet of the
Barnes Lot, being that unplatted parcel of
land in Rose Court bounded on the North by
Lots 42 and 43 of Rose Court as recorded in
Plat Book 3, pages 3, 4 and 5, Public Records
of Seminole County, Florida.
Party of the second part hereby agrees that in the event
parties of the first part at any time desire the discontinuance
of use of the easement hereinabove granted and the relinquishment
of such easement by party of the second part that party of the
second part will relinquish such easement and discontinue such
use upon granting by the parties of the first part, their heirs,
legal representatives, successors or assigns, of an easement in
lieu of the easement h0ereinabove granted, which shall consist of
a grant to party of the second part of an easement for alley
purposes across Lot 44 of Rose Court and the aforesaid Barnes
Lot of a strip of land twelve (12) feet in width, bounded by
the southward extension of the alley platted between Lots 42
and 43 of Rose Court, as recorded in Plat Book 3, pages 3, 4
and 5, Public Records, Seminole County, Florida.
IN WITNESS WHEREOF, parties of the first part have
hereto set their hands and seals, and party of the second
part has caused these presents to be executed by its officers
thereunto duly authorized, all as and of the day and year
first above written.
Signed, sealed and delivered
in the presence of:
II ' : ' .
As to Parties o~ Fzrst Part
to Party of Second Part
Parties' of First Part
(S L)
(SEAL)
CITY OF SANFORD, FLORIDA
~ayor
Party of Second ~t
STATE OF FLORIDA )
: SS
COUNTY OF SEMINOLE )
I HEREBY CERTIFY, that on this day in the next above
named State and County, before me, the undersigned authority,
personally appeared EDWARD HIGGINS, JR. and wife, MARY W. HIGGINS,
to me well known and known to me to be the individuals described
in and who executed the foregoing Agreement, and they acknowledged
then and there before me that they severally executed said Agreement
for the purposes therein expressed.
WITNESS my hand and official seal at Sanford,
County, Florida, this // day of May, 1963.
STATE OF FLORIDA
COUNTY OF SEMINOLE
Seminole
N'o t ary' PuBlic ,' '
State of Florida at Large.
My Co~ission Expires:
SS
BEFORE me, the undersigned authority, this day personally
appeared THOMAS S. McDONALD and H. N. TA/~{, JR., to me well
known and known to me to be the parties who executed the fore-
going Agreement as Mayor and City Clerk, respectively, of the
- 2-
City of Sanford, Florida, a municipal corporation, and they
acknowledged to me that they executed the same for and on
behalf and as the free act and deed of the City of Sanford,
Florida, and that they were thereunto duly authorized.
IN WITNE$S WHEREOF, I have hereunto set my hand and
official seal at Sanford, Florida this Z~- day of May,
1963.
No~ry Public,
s~at~ o~ F~orida It Large.
M~,6rmnlsslon Expires: ~ ~
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