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461-Church of LDS (6/20/01) OFFICIAL RECORDS SObK PAGE [+105 1993 EASEMENT SUBJECT TO DEFEASANCe]I~~NOLE C0..FL (~ _. t..TZ, THIS SIDEWALK EASEMENT is made and entered into this ~ (.9 day of ~'~l~c~-~--- , A.D. 200 ..~ , by and betweenvli~./~.d '~ whose address is 2315 South Park Avenue , Florida 32772, hereinaf~er referred to (regardless of singular or plural) as the GRANTOK and CITY OF SANFORD, FLORIDA, a political subdivision of Seminole County, Florida, whose address is City Hall, 300 North Park Avenue, Sanford, Florida, 32772, hereinafter 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 streets for the benefit of the public, W1TNESSETIt: FOR AND IN CONSIDERATION OF the sum of ONE AND 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, permanent 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, under, 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. 36-19-30-533-0000-0110 PROVIDED, HOWEVER, that should the GRANTEE acquire sidewalk rights-of-way with compensation being paid to property owners in the same sidewalk conidor along the City of Sanford road known as Park Avenue , between its intersections with the roads known as East 23`a Street and East 24th Street the GRANTEE agrees that it will treat the GRANTOR equally with those elements 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 prop~m'y 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. Documentary Tax Pd. $ 7E)~ $ Irrtanglble Tax Maryanne Morse, Clerk Seminole OFFICIAL RECORDS BOD~'( PAGE !05 ':19914' To HAVE ANn TO HOLD said easement and right-of-Way t~c~ ~TEE, its successors and assigns forever. The GRANTEE shall have the right to clear, keep dear, 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 instailation, maintenance and upkeep of any and all improvements constructed or located by GRANTEE within the Easement Area, to the extent such is not the responsibility 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 replacement of the sidewalk. GRANTOR, covenants and warrants to GRANTEE that he is lawfully seized and possessed of the premises, that he has good and lawful right 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 WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF SANFORD PROPERTY OWNER print ame/ti~e Witness:%~d~ 73a--~-/ffC57L,./ Witness: 7---a/=o54~(] ~,//~ -