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Home My WebLink About493-City Mast Arm Traffic Prepared by and return to: Lonnie N. Groot, Esquire Stenstrom, Mclntosh, et al. Post Office Box 4848 Sanford, FL 32772-4848 Tax Parcel ID#: o~,.~' Iq' IIIIllll I B I IIIII llll BI II IIII I I IIII II ii CITY OF SANFORD MAST ARM ~ TRAFFIC SIGNALIZATION EASEME~ THIS MAS,T ARM TRAFFIC SJ!GNAL~IZATION EASEMENT is made and entered into this _LLJ~'I day of .... 200/,~',.~ by and between * , whose address is ,'. , hereinafter referred to as the "GRANTOR", and the CITY OF Sanford, a municipality of the State of Florida, whose address is 300 N. Park Avenue, Sanford, Florida 32771; hereinafter referred to as the "GRANTEE". WITNESSETH: FOR AND IN CONSIDERATION OF the sum of ONE AND NO/100 DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE and its assigns, an exclusive easement and right-of-way for the purposes of installing of traffic signal mast arms and related improvements (the "traffic signalization and its components"), with full authority to enter upon, excavate, construct and maintain, as the GRANTEE and its assigns may deem reasonably necessary, electrical poles, telephone poles, wires, utility lines, guywires and appurtenances, and any other facilities over, under, upon and through he following descnbed ands (the easement area from bme-to-t me hereto) situate in the County of Seminole, State of Florida, to-wit: _ __ (See Exhibit "A" which is attached hereto and incorporated herein by thi~ reference thereto). WITH THE GRANTOR RESERVING the right to pave the surface of the easement area and to use the same for approved and lawful parking in the areas not utilized by the traffic signalization and its components. THE GRANTEE WILL PROVIDE REASONABLE NOTICE to the GRANTOR prior to the commencement of the construction and installation of the traffic signalization and its components. Dudng the pedod of construction and installation ofthe traffic signalization and its components the GRANTEE will be allowed to. block/prevent the use of only one (1) Ltemporarily Page 1 of 4 * BFS Retail & Commercial Operations, LLC, a Delaware limited liability company ** 333 East Lake Street, Bloomingdale, IL 60108 FILl UN ~305~53§ parking space located on the GRANTOR's property at any one (1) time. TO HAVE AND TO HOLD the right to reasonably enter upon the contiguous lands of the GRANTOR in order to reasonably accomplish the aforesaid actions. FURTHER, TO HAVE AND TO HOLD said easement and right-of-way unto said GRANTEE and its assigns forever. AS PART OF THE CONSIDERATION, the GRANTEE agrees to the extent and limits permitted by law (Section 768.28, Florida Statutes), to indemnify the GRANTOR for any negligent acts of the GRANTEE upon the aforesaid lands (the easement area and the abutting lands of the GRANTOR). Additionally, the GRANTEE shall be responsible for the repair and restoration of solid surfaces disturbed by the GRANTEE during the course of installing or maintaining the traffic signalization and its components. THE GRANTEE and its assigns shall have the dght to clear, keep clear and remove from said easement area all trees, undergrowth, and other obstructions that may interfere with location, excavation, operation or maintenance of the utilities oranyfacillties installed thereon by the GRANTEE and its assigns, and the GRANTOR, and the successors and assigns of the GRANTOR, agree not to build, construct or create, or permit others to build, construct or create any buildings or other structures on the said right-of-way that may interfere with the location, excavation, operation or maintenance of the utilities, or any facilities installed thereon. THE GRANTEE as a par~ of the consideration of this grant of easement, shall, to the extent and limit permitted by law, assume all public liability or responsibility and liability for the installation, maintenance and operation of said traffic signalization and its components· The GRANTEE shall make known to all of its contractors and subcontractors who may perform maintenanc~ of the traffic signalization and its components that the motor vehicles of the said contractors and subcontractors shall not be parked on the property of the GRANTOR at any time during the periods of construction or maintenance. Consistent with sound and generally accepted engineering principles, the GRANTEE shall provide for an appropriate barrier within the parking area located on the GRANTOR's property abutting the traffic signalization and its components in order to deter and prevent collisions with the traffic signalization and its components and motor vehicles· i+ GRANTOR does hereby covenant the GRANTEE, that he- is lawfully seized and possessed of the real estate above described, that the GRANTOR has a good and lawful right to convey the said easement and that the GRANTOR's property is free from is free from all encumbrances. IN WITNESS WHEREOF, the GRANTOR has hereunto set the GRANTOR'S hand and seal, the day and year first above written. Page 2 of 4 F I LE ~JM 2003052535 OR B ~ 04760 PAGE 1835 WITNESSES: A TTES T: BFS Retail & Comercial Operations, LLC a Delaware limited liability company - (SEAL) GRANTOR STATE OF ILLINOIS ) ,', ~ ) ss COUNTY OF ~ ) Bef°re me'~"- l~J~(~-~ ]~' a N°taL'r'ry Public in and f°r the ab°ye State and Coun ont' ] day of Marc~, 2003 personall~p'~ed ~,~ ~. ~t~ ~,/ . . n .~.~..~' h~s ~ Aumonzed S~tow of BFS Retaa "- ~---- ' ....... ~ [~fla:Tb~ _and -~ - ~ ~mmnerclat ~peranons, LLC, a Delaware h~ted hability co.any and ~o~ to me to be the same person who signed and ac~owledged that he signed the foregoMg ins~ent as such ~'and Authored Signato~ of sa d l ~ted liabili~ company for and on behalf of the li ' ' ' ~o~any, a~ ~at he executed the same as his ~ee and voluntam act and a~a ~.~ _..~ ~ . .~ted habdt~ habdt~ co.any, for the uses and pu~oses set forth in the ins~ent. IN TESTIMONY ~E~OF, I have subscribed my signa~e and affixed my official seal on the day and year set fo~ above. Nota~ Public ~ com~s~ion expire~: Page 3 of 4 ~'~ net R. Dougherty,(~ity Ci~k Notary Public, in and for the Coun~ And State Aforementioned My Commission Expires: CITY OF SANFORD, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: William L. Colbert, City Attorney C:~Documents and Seffings~ftikhab~ocal Setfings\Temp~Traffic Signal Easement.wpd Page 4 of 4 SOUTH R/W UNE LOT FIRST STRE-E-I- 82' RIGHT OF WAY POINT OF BEGINNING rO''Sg',3g '~ 6' £ 24..76' INT OF COMMENCEMENT IN'FF. RSECTION OF WE~T UNE OF LOT ~ AND SOUTH R/W UNE I9'39'26"E <~ LOT UJ 0 5 ~0 20 ~ND DESCRIPTION: A pod/on of Lot 1, Block 3, ~er 9, "~orida Land ~ Colonization Co. - E,R. Traffords Mop of the Town of Sonfor~, according to the plat thereof, os recorded in Plat Book I, Page 61 of the Public Records of Seminole County. FIoHda. be[rig more po~iculorly described as follows: *~ Commence at the inte~ect~on of t~e West line of said Lot 1 and the South right-of_Way llne of ~t Street; thence No~ 89'39'2~ East along said South dght-of-woy line, 24.7~ feet to the POI~ OF BEGINNING; thence co~tln~e ~o~h 8~39'2~ East along so~d South dght of wa line, 5.00 feet; thence South 4520 34 East. 28 28 feet t6 o " - - llne of. U.S. 'Highway No 17 g2/French Ave , '._ _ point on_the West fi ht ~es[ right-of-way llne '5 0~-~-'~ .... ~u~); thence 5outh 0~20'34" c,-, _,_ g ~f-woy OF BEGNN NG , · ~ ~a~. ~nence Ho~h 4520'34" West 3~ ~ · ~ u~ong - ~.~u ~ee[ ¢o ~he POINT Containing 113.0 square feet. mar, or less. ~g~ Desc~pMOn ~ J~y 27. 2001 ~ FOR ~ ~ P~gess[o~ Eng~ee~g 4656400¢ ~ ~ = 10' Con~, ~e. CH. 61G~7-6, ~oHda ~minb~. SO~RN ~NG ~ )~PING CORP. EXHIBIT A c~, requ,r,, ~at a ,~al des~pflon 324 Nodh Orlando Avenue draw{ng bear ~e notation ~at Maitland, Ronda ~2751-4702 ~IS IS NOT A SU~. (407) 647-8898 C~. NO. ~B2108