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RIGHT-OF-WAY USE AGREEMENT .~ ~/~9~
This' agreement ' entered into this 91 s+ day of
A~gu~ , 19q5 by and betwee~ the City of Sanford,
Florida Municipal Corporation whose Post Office address is P.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called th~
"CITY") and John A. Russell & MargaretE. Russell.
whose Post Office address is 3030 Magnolia Avenue
Sanford, FLorida 32773 ,
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limits ofthe City of Sanfor~; and
WHEREAS, these public rights-of-way are heldby 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 utilizeand/or improve a portion of the public right-of-way
immediately adjacent to his (proof of ownership/interest required)
property for a specific private purpose.
NOW THEREFORE, in consideration of the premises herein the
parties agree as follows:
SECTIO~ 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
C,-
RIGHT-OF-WAY USE AGREEMENT
This' agreement entered into this day of
, 19 by and betweeh the City of Sanford, ~
Florida Municipal Corporation whose Post office address is P. O~
Box 1788, Sanford, Florida 32772-1788, (hereinafter called th~
"CITY") and John A. Russell & Margaret E. Russell ~
whose Post Office address is 3030 Magnolia Avenue
Sanford, FLorida 32773 ,
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certainstreet rights-of-way
within the incorporated limits of the City of Sanford; and
WHEREAS, these public rights-of-way are heldby 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
immediately adjacent to his (proof of ownership/interest required)
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
address 3030 Maqnolia Avenue, Sanford, Florida 32773 ,
legal description: Lots 10, 11 and 12, Block ~, Rosalind
Heights, P.B. 3, Page 47 of the Public Records of
Seminole County, Florida
The agreement will allow the REQUESTOR to install wooden
fence..
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subjec~
to the following conditions:
A) Construction dimensions, materials, color, and details
the wooden fence
shall be as specified on Attac~ent "A".
B) The authorized improvement shall in no way be extended or
modified by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall otherwise fully comply with all
applicable portions of the City Land Development
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 REQUESTOR's property to recover costs of+
restoration.
SECTION 4. ~INATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(ROW Use Agre~ent)
agreement'at any time, providing notice as prescribed below. The
REQUESTOR agrees that upon receipt of notice of termination of this
agreement that he will expedi.tiousty 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 th~
CITY.
SECTION 5 INDEMNIFICATION
To the futlest extent permitted by law, REQUESTOR agrees ten
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 SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR John A~ & Margaret E. Russell
3030 Magnolia Avenue
Sanford, Florida 32773
Page -3-
(ROW Use Agreement)
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
.. l ....-."" .. :....-:~, .~,~..~
As authorized for execution by
Mee~ ~ , 199~' Regular
WITNESS: ~ '~ KRIST| '
~R&questor )~,~ ~
Print Name Print Name
Date: ~/?/~
Attachment
06/01/95
(Agreements) a:\agreemnt\ROW.use
Page '4-
(ROW Use Agreement)
,; '~ ATTACHIvFENT,"A"
I cen~r-Iine of construction
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FENCE ENCROACHMENT INTO RIGHT-OF-WAY
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