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NGRYGNNE NOR~, CLERK ~ CXRCUXT COURT
~ENZN(I,.E COUNTY
CLERK' S ~ ~0017E,8818
RE~RDED 101~41B001
DEEI) DOC TI~X 0.70
I~RDIN~ FEES
RECQla~cD ~Y N Nolden
EASEMENT SUBJECT TO DEFEASANCE
~ ~'~- ~...-,.,~.--
THIS SIDEWALK EASEMENT is made and entered into this/(/~ay of ~t~7~.f.~,
2001, by and between CORPORATION OF THE PRESIDING BISHOP OF THE
CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole, whose
address is 50 East North Temple, 12th Floor, Salt Lake City, Utah 84150, hereinafter 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 Hal1, 300 North Park
Avenue, Sanford, Florida, 32772, hereinafWr referred to as the GRANTEE.
Whereas, the purpose of this grant of easement is to facilitate the GRANTEE'S
establisWnent of continuous sidewalks along its roads and streets for the benefit of the public,
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 sufficiently of which is hereby
acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE, its successors
and assigns, a non-exclusive, perpetual, pennanent 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 corridor along the City of
Sanford road known as Park Ave~me, 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 net 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
FILE NUM 2001768818
OR BOOK 04204 PAGE 0427
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.
To HAVE AND TO HOLD said easement and right-of-way unto said GRANTEE, its
successors and assigns forever.
The GRANTEE shall the right 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 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. GRANTEE shall repair any
damage to the Easement Area and any adjoining property of GRANTOR that may be damaged
in the prosecution of any work by GRANTEE, its agents, servants, employees, consultants
and/or contractors.
GRANTOR, covenants and warrants title and will defend the same from claims by
anyone claiming by, through or under Grantor, subject to current taxes and assessments,
reservations, easements, rights of way, covenants, conditions, restrictions, zoning matters, liens,
and encumbrances and all other matters of record or enforceable at law or in equity.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
CITY OF SANFORD PROPERTY OWNER
AUTHORI:LTED AGENT
FILE NUM 2001768818
OR BOOK 04204 PABE 0428
STATE OF UTAH )
:SS
COUNTY OF SALT LAKE )
/i~-~- /-T Z~u,~ , personally ~o~ to me to be the Authorized Agent of the
Co~orZon of the Presiding Bishop of The Church of Jesus C~ist of Latter-day Saints, a Ut~
coloration sole, who ac~owledged to me that he signed the foregoing ins~ment as Authorized
Agent for s~d Coloration, ~at the seal impressed on the wi~in ins~ment is the seal of s~d
coloration, and ~e said ~ ~ ~ ac~owledged to me ~at the said
Coloration executed ~e s~e. 7
Comissionexpires: ~7 J~V