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RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into thi~ Id:iay of fl1;:tte/t 2007 by and between the City of
Sanford, a Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida
32772-1788, (hereinafter called the "CITY") and Pflue2er. Robert and Marv B. whose Post Office address
is 2005 S. Oak Avenue. Sanford. FL 32771,(hereinafter called the "REQUESTOR").
WIT N E SSE T H:
WHEREAS, the CITY is the owner of certain street rights-of-way within the incorporated limits 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 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 105 West 20th Street, legal
description: LEG LOT 10 + N 5FT OF LOT 11 SANFORD TERRACE PB 4 PG 36
The Agreement will allow the REQUESTOR to provide for certain site improvements on a portion of the
F:\SHA_ENG\2007 E&P Memos\ROW agree 105 West 20th.doc
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public right-of-way as shown on Attachment "A", subject to the following conditions:
A) The authorized improvements and use shall in no way be extended or modified by the
REQUESTOR without prior written approval of the City.
B) REQUESTOR shall otherwise fully comply with all applicable portions of the City Land
Development Regulations.
C) No FUTURE permanent structures are to be constructed in the right-of-way other than the
necessary street / curbing improvements or as depicted by Attachment "A".
D) REQUESTOR shall not extend / install or otherwise impose or further encroach into or onto
the right-of-way other than to the extent of the attachments of this agreement.
E) The proposed agreement involves the improvements as shown in Attachment "A" to include a
24" high brick landscape wall extending approximately 148.28' along the southerly Right-of-
way of West 20th Street and peripheral and misc. landscaping south to the ROW line.
F) The owner, at their sole expense shall remove, repair and lor maintain said wall in a manner
acceptable to the city in any event necessary for maintenance of the street, utilities or any
other matters arising in the necessary destruction or removal of said wall, whether voluntary or
involuntary or of any Acts of God.
SECTION 3. MAINTENANCE 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. TERMINATION
The CITY reserves the right to unilaterally terminate this Agreement at any time, providing notice as
prescribed below. Any costs associated with this termination and restoration will be bourne by the
F:\SHA_ENG\2007 E&P Memos\ROW agree 105 West 20th.doc
2
REQUESTOR and, if necessary, file a lien on the REQUESTOR's property to recover costs ofrestoration.
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 States 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
Robert "Sherman" Yehl , City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
THE REQUESTOR
Pflueger Robert & Mary B.
2005 S. Oak Avenue
Sanford, Florida 32771
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.
(Intentionally blank)
F:\SHA_ENG\2007 E&P Memos\ROW agree 105 West 2Oth.doc
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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
A TrEST:
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Lin a Kuhn, MAY
9f~{[frZ. AOMJ9/~~
CITY CLERK
J;!IIP{- 1< .,DOtl~h-e~
Print Name '
Date: Lf11a~ C~ d II SZ ()t) 7
As mQr~r extiution by Sanford City Commission at
its , 2007 Regular Meeting.
WITNESS:
RESPONDENT:
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By: -1~---;/
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Print Name
~5T1JJE' DAiJOAJ
Print Name
Date: ~ -Ic:~ ,-,,1'
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Print Name
BY~~~) 8 P~~Yf~
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Pr' t Name
Date: ,:5 - (ls? - 0 7
ST ATE OF FLORIDA)
COUNTY OF SEMINOLE)
~J\ Mary L Muse
;.~ j My Commission 00211344
......, Expires Auguat 04, 20CT7
Attachment: Exhibit A
F:\SHA_ENG\2007 E&P Memos\ROW agree 105 West 20th.doc
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DESCRIPTION
PL fI T OF SURIJE Y
LOT 1@ AND NORTH 5 FEET OF LOT 11
SANFORD TERRACE
AS R E COR 0 E DIN P L A T BOO K 1 PAr; E [ S ] 36_0 F
THE PUBLIC RECORDS OF SEMINDLE COUNTY,FLORIDA
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NOTES:
I NOT VALlO WITHOUT THE SIQNATU~E AND THE ORIOINAL RAISED SEAL
OF A FLORIDA LICENSED S\JlVEYOR AND MAPPER
2 THIS SURVEY YAS PREPARED FROM TITLE INFORIMTION FURNISHED TO
THE SURVEYOR. tHERE Mil Y BE OTHER RESTRICTIONS OR UNRECORDED
EASEMENTS THAT EFFECT THIS PROPERTY.
J NO l.N)ER GROUND IMPROVEMENTS HII VE BEEN LOCATED UNlESS OTHER IIISE
SHOYN
4 Dt.ENStONS SHO'w'N FOR THE LOCIITlON OF WROVEIoENTS HEREON SHOU..D
NOT BE USED TO RECONSTRUCT llOUNOlIRY LINES.
~ BEIIRINGS ARE BllSED ON ASSU\EO DA TW A"., ON THO LiI'E SHOI/N liS
BIISE BeARING IBB.!
e VERTICIIL CONTROL (Nil TIONIIL OEODETIC VERTICAL DATUM 1929.
M. EDWARD GORDON SURVEYING
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PO Box 1557 SAt-FOOO. FLORD^ 32772 PHONE J2~ 5720
m 'JEST n 1l-i STREET SN-FOOO . FLOROA
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