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Home My WebLink About621-Williams RIGHT-OF-WAY USE AGREEMENT This agreement entered into this ~ day of J~ , 19fp by and between the City of Sanford, a Florida Municipal Corporation Whose Post Office'address is P. O. ,, cITY"~ and ,'~afFFJ_L aF)C:[[4_ 2i ) l~al~ ~ whose .ost office address is fiOq (hereinafter called the "REQUESTOR"). WITNESSETH: WHEREAS, the CITY is the owner of certain street rights-of-way within theincorporatedlimits of the City of Sanford; and WHEREAS, these public rights-of-way are held by the CITY for the benefit and general use of the public for functions including, but not limited to, vehicular and pedestrian travel and land access, and installation and maintenance of various public utilities, and for conveyance, treatment, and disposal of stormwater; and WHEREAS, it is City policy to preserve the utility of these public rights-of-way for the above stated purposes; and WHEREAS, written authorization is required for any private use of public lands; and WHEREAS, the REQUESTOR has.requested authorization from.the CITY to utilize and/or improve a portion of the public right-of-way property for a specific private purpose. NOW THEREFORE, in consideration of the premises herein the parties agree as follows: SECTION 1. RECITALS The above recitals are true and correct and form a material part of this agreement upon which parties have relied. SECTION 2. PURPOSE The purpose of this agreement is to document agreements and conditions thereto whereby the CITY will agree to a right-of-way use/improvement by the REQUESTOR of a portion of public right-of- way contiguous to the REQUESTOR~s property located at the following iTEM /~ T e al~eement ~x ow t e R UE O o ins ~1~~~' on a portion of the public right-of-way in accordance with d~ shown on Attac~ent "A". Installation/improvement shall be subject Regulations. SECTION 3. ~I~CE RESPONSIBILITIES The REQUESTOR, and his successors and assigns, shall be responsible for perpetual maintenance of the improvement installed under this agreement. This shall include maintenance of the improvement and unpaved portion of right-of-way adjacent thereto. REQUESTOR may, with written City authorization, remove Said installation/improvement fully restoring the right-of-way to its previous condition. If the REQUESTOR does not continuously maintain the improvement and area in accordance with previously stated criteria, or completely restore the right-of-way to its previous condition, the CITY shall, after appropriate notice, restore the area to its previous condition at the REQUESTOR'S expense and, if necessary, file a lien on the REQUESTORws property to recover costs of. restoration. SECTION 4. ~INATION The CI~ reserves the right to unilaterally terminate this Page -2- (ROW Use Age~ent) agreement at any time, providing notice as prescribed below. The REQUESTOR agrees that upon receiptof notice of termination of this agreement that he will expeditiously remove the installation/improvement and return the right-of-way to its previous condition. All restoration must be completed within thirty (30) days of receipt of the termination notice from the CITY. ~ SECTION 5. INDEMNIFICATION ~ To the fullest extent permitted by law, REQUESTOR agrees to~ defend, indemnify, and hold harmless the City, its councilpersons,~ agents, servants, or employees (appointed, elected, or hired) from and against any and all liabilities, claims, penalties, demands, suits, judgements, losses, expenses, damages (direct, indirect or consequential), or injury of any nature whatsoever to person or property, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney's fees up to and including an appeal), resulting in any fashion from or arising directly or indirectly out of or connected with the use of the City's right-of-way. SECTION 6. NOTICES Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited,in the United State mail, postage paid, and addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: FOR THE CITY William A. Simmons, City Manager CITY OF SANFOE P. O. Box 1788 Sanford, Florida 32772-1788 Page -3- Je t (ROW Use Ag emen ) SECTION 7. EFFECTIVE DATE This agreement shall take effect upon the date that it is executed by both parties heretO. SECTION 8. RECORDATION The agreements contained in this document shall be perpetual and run with the land. This document shall be recorded in the official records of Seminole County. IN WITNESS WHERETO, the parties have made and executed this agreement on the date first written above. ~,~ THE CITY OF SANFORD, FLORIDA ........ a Municipal Corporation ..' ' .~' ".. Z, CD " jJ~.. . ,., ~D~.S~M AYOR As authorized for execution by Me~t~g~ Regular 06/01/95 (~reeme~s) a:\ageenmt\R~.use Page -4- (ROW Use Agreement) OEF!CIAL RECORDS BOOK PAGE 3098 Ih62 SEHINOLE CO. FL :' ~ .... :....- .......... ....... -q. SP~FI~qlM 'H ~dN~ ....... 9p~fI~qI~4 '~ ~q~., ~NON :9&NSB~HD~fO~IDN~ DNIHOqqO~ ~H$ $~DD~ GN~ ~DO~qMON~ ~H ..... :=' ............. .i; ' I i'['liiili 111111' III '111 li il .....i _ i111~""' $N~Iq~IM '~ ~fGNI~ ....... SN~fIq~IM 'G ~d}t~., ~NON :S~N~NUD~OBDNR DNIMO~qO~ ~M.~. ~d~DDV ONV NDOMqMON~ X~M~H MEMORANDUM June 20, 1996 TO: Mayor and City Commission VIA: Bill Simmons, City Manager SUBJECT: Right-of-Way Use Agreement for venue The owners of 1109 South Oak Avenue desire to place a wooden fence in the 12th Street right-of-way as shown on the attached application. Staff's main concern regards safety related to visibility when backing out of the driveway. A Certificate of Appropriateness has been approved. Both staff and Mrs. Williams believe that a four (4) foot fence will look better in the neighborhood than a six foot one as originally requested. Mrs, Willjams is agreeable to the following staff recommendation: Approval of a four (4) foot fence located a minimum of ten (10) feet from the edge of pavement. Attachment F:\JAY~DOCS\FENCE.OAK ~ 25-19-30-5AG-1304-0100 CURRENT 96 O 0 0 A /9~1 o 0 ~ILLI MS DARRELL O & LINOA R jval ~ 06/26 add1 agrc add2 1109 OAK AVE S extra feat $160 cez SANFORD, FL 32771 bldg $35,018 pad 1109 OAK AVE S cost value lncome nbhd 1~00 act P own % total just value $45,178 td dor mkt demo flg <--pre/late--> <--exemptions--> exmp-amt yr tax due S1 O1 01 0 ~- O0 $1,045.85 e&i 0 1547-2011-DC LEGAL LEG LOT 10 BLK 13 TR 4 TOWN OF SANFORD PB 1 PG 60 SALES SQ WD 05/96 03082 0321 $57,700 I land 30 03/02/93 SQ ~D 01/90 02148 0595 $45°000 I bldg 30 12/13/93 chg PAN 06/24/96 Note,Leg,Sale,Bld/land/xf,Prmt,AmdlO,Comm,Hlet,Other Roll,F~d,Main MenU,EEXIT] Count: *0 <Replace> CITY OF SANFORD APPLICATION FOR CERTIFICATE OF APPROPRIATENESS¥ HISTORIC PRESERVATION BOARD DATE: SITE IS PART OF: [~ DOWNTOWN COMMERCIAL HISTORIC DISTRICT j~] OLD SANFORD HISTORIC RESIDENTIAL DISTRICT SITE ADDRESS: IIOq ,<~-(Dl~k l~P,j ~~, BUSINESS OR SITE N~E: T~ PARCEL NO.: O~ER'SADDRESS: IIOq ~- O~k ~b CI~: ~.nFo~ STATE: ~ ZIP CODE: TELEPHONE: (~) ~- ~1~ WORK: APPU~SN~E: ~uh~ APPLI~N~SADDRESS: I/~ S. ~ ~. CI~: ~ FO~% STATE: P~ ZiP CODE: TELEPHONE: ( ~1 ) 3~-~/q WORK: ~?- ~GC- Describe all changes in design, ma~rial, color, or location to the e~erior of building & prope~. A~ach additional pages if necessa~. Submit a site layo~ or drying ~r each reque~. For the projects indicated, the following support data is required: [] Sample paint pallets for all paint color requests. [] Photographs of existing structure and irapad areas. [] Full set of working drawings as required for building permits. NOTE: Approved Application is valid for 6 months. Application is subied to renewal by Historic Preservation Board. Approved Application Shall be Posted on Structure. APplicanfsSignature:~/r,,~.-/_.Z~.Z.,4L,rf.~.,/Date: O,,,.e,'sSigna re:bC,.j,44.- [Z;.U.Z_,Do,e: [,,/Z, /9 //, OFFICIAL USE ONLY Minor Review Date: ~ Histori~ Preservation Board Meeting Date: Six Month Review Date: Complete: [] Incomplete: [] APPLICATION FOR APPLICATION IS: CERTIFICATE OF APPROPRIATENESS DENIED CITY OF SANFORD RO. Box 1788 APPROVED Sanford, FL 32772 APPROVED WITH CONDITIONS: (407)330-5672 ..... : %i~E hlte Copy- ngineering & Planning; Yellow Copy-Building Dept.; Pink Copy-Code Enforcement; Gold Copy-Customer