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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: ~ ~ mw