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460-Peters/Samarziya OFFICIAL RECORDS BOO)'( PAGE , 14 { 051990 SEHINOLE CO.,FL EASEMENT SUBJECT TO DEFEASANCE THIS SIDEWALK EASEMENT is made and entered into;this day of 5'uric , A.D. 200 [ , by and between Daniel M. Peters/Janet S. Samarziya whose address is 919 Park Avenue , Florida 327 71, hereinat~er referred to (regardless of singular or plural) as the GRANTOR, and CITY OF SANFORD, FLORIDA, a political subdivision of Seminole County, Florida, whose address is City Hall, 300 North Park Avenue, Sanford, Florida, 32772, hereinafier referred to as the GRANTEE. Whereas, the purpose of this grant of easement is to facilitate the GRANTEE' S establishment of continuous sidewalks along its roads and meets for the benefit of the public, WITNESSETH: FOR AND IN CONSIDERATION OF the sum of ONE ANq) NO/100 DOLLAR ($1.00) and other good and valuable consideration, the receipt and sufficiently of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE, its successors and assigns, an exclusive, perpetual, permanem easement and right-of-way for the construction and maintenance of a sidewalk, with full authority to enter upon, construct, reconstruct and maintain, as the GRANTEE may deem necessary, a sidewalk over, trader, upon, and through (as the GRANTEE deems appropriate) the following described lands (the "premises") situated in the City of Sanford, Florida, to-wit: The strip of land and/or comer clip as described in the attached (Exhibit "A"). Property Appraiser's parent Parcel Identification No. 25-19-30-5AG-1103-0090 PROVIDED, HOWEVER, that should the GRANTEE acquire sidewalk rights-of-way with compensation being paid to property owners in the same sidewalk corridor along the City of Sanford road known as Park Avenue , between its intersections with the roads known as E. 9th Street and E. 10th Street , the GRANTEE agrees that it will treat the GRANTOR ~ equally with those elemems of the status of title being equal; provided, however, that the ~ ~ subsequent acquisition of sidewalk rights-of-way must expand and enlarge and not merely continue the path and extent of the sidewalk to be constructed hereunder. In the event that the GRANTEE expands and enlarges the path and extent of the sidewalk and compensates property owners, as aforedescribed, for the purchase of rights_of. way and the GRANTEE, upon written demand by the GRANTOR, fails to provide equal treatment as aforedescribed to the GRANTOR, then the rights granted herein shall defease; but the GRANTEE shall not lose any rights it may have in sidewalk rights-of-way independent of the easement herein. ~ocume ntarY Tax Pa. $ ~(~ $ Intangible Tax Maryanne Morse, C|erk Seminole OFFICIAL RECORDS BOOK PAGE : I, I051991 To .AW ANn TO .OL:Deaseme.tfight- -,,,,ayits oF successors and assigns forever. The GRANTEE shall have the fight to clear, keep clear, trim or remove from said easement all tress, undergrowth and other obstructions that may interfere with location, excavation, operation or maintenance of the sidewalk. The GRANTOR agrees not to build, construct or create any buildings or other structures on said easement that may interfere with the location, excavation, operation or maintenance of the sidewalk. GRANTEE, its successors and assigns, agrees that it shall be solely responsible for any costs of installation, maintenance and upkeep of any and all improvements constructed or located by GRANTEE within the Easement Area, to the extent such is not the responsib'Rity of any other public authority. GRANTEE may also temporarily use such portion of the property along and adjacent to said Easement Area as may be reasonably necessary in connection with the maintenance, repair, removal or repheement of the sidewalk. GRANTOR, covenants and warrants to GRANTEE that he is lawfully seized and possessed of the premises, that he has good and lawfial fight to convey the easement and that it is free of all encumbrances. If the said easement is not free of all encumbrances, GRANTOR shall provide GRANTEE with subordination of such encumbrances forthwith. IN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ,. 0FFlCiAL RECORDS BOOK PAGE ATTACHMENT-A '~l'105 1992 SEffiNOLEC0.0FL 919 PARK AVENUE PARCEL I.D. # 25-19-30-5AG-1103-0090 ,-\ 15' l Oth STREET Legal Description for Sidewalk Easement From a point of beginning at the southwest comer of Lot 10 Block 11 Track 3 of TOWN OF SANFORD Plat as recorded in Plat Book 1, Page 59 of the Public Records of Seminole County, Florida: thence run Westerly along the Southern property line a distance of 15 feet; thence run Northwesterly to a point on the West property line of said lot 10 being 15 feet north of the point of beginning, thence run Southly along the West property line to the point of beginning. Containing approximately 112 square feet. 0P. 24lt, dOlt. 80it.