176-Sem County-Utility Easement0
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BOOK pAG
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SEMINOLE CO. FL.
THIS ~TILITY EASEMENT is made and entered into this 25th day of Januar~ ,
19 88 , by and between SEMINOLE COUNTY, a political subdivision of the State of
Florida, whose address is Seminole County Services Building, 1101 East First
Street, Sanford, Florida 32771, hereinafter referred to as the GRANTOR, and the
CITY OF SANFORD, a Florida municipality, whose address is 300 North Park Avenue,
Post Office Box 1778, Sanford, Florida 32772-1778, hereinafter referred to as the
GRANTEE.
W I T NE S S E T H:
FOR ~ IN CONSIDERATION OF the sum of ONE AND NO/lO0 DOLLAR ($1.00) and4~
other good and valuable consideration, the receipt of which is hereby acknowl---4
edged, GRANTOR does hereby grant and convey to the GRANTEE and its assigns,
non-exclusive permanent easement for utility purposes, with authority to enterCiD
upon the following described property for utility purposes specifically includ-C~
the installation, inspection, servicing, repair, maintenance and replacement of
utilities within the Easement Area over, under and through the following-
described lands situate in the County of Seminole, State of Florida, to-wit:
The Northerly 15 feet of Lots 18 and 19 and the Northerly 20
feet of the vacated alley of Lake View Park Subdivision, as
recorded in Plat Book 3, Page 41 of the Public Records of
Seminole County, Florida.
TO HAVE A~ TO HOLD said easement and right-of-way unto said GRANTEE and itsr~
assigns perpetually unless and until abandoned by the GRANTEE, and GRANTEE.~)'
covenants to restore the property within the Easement Area to the condition that~
it was in prior to any use by the GRANTEE and to, further retain all utility of
the property in its restored condition.
NOTHING contained in this grant of easement or contemplated is intended to
or shall increase GRANTOR's liability for personal injury or death or for any
property damage, and it is hereby expressly understood and agreed by the GRANTEE
(a) that GRANTOR does not assume any such additional liability, (b) that liabili-
ty arising out of the use and occupancy of the Easement Area by GRANTEE, its
employees, agents, contractors, or any representative, is hereby assumed by
GRANTEE and shall be at the sole and exclusive risk of GRANTEE, (c) that GRANTEE
shall answer and satisfy to GRANTOR's satisfaction any and all complaints, (d)
that GRANTEE shall, to the maximum extent authorized by Section 768.28, Florida
Statutes, protect, remiss, defend, acquit, hold harmless and indemnify GRANTOR
from and against any and all actions, claims, damages and/or loss, including, but
not limited to, all costs and attorney's fees, occasioned by or growing out of
any actual or claimed usage or condition of the aforedescribed Easement Area
arising in any manner whatsoever, directly or indirectly by reason of this grant
of easement to GRANTEE for the use and occupancy of GRANTOR's premises by
GRANTEE, its employees, agents, contractors or any representative, and (e) that
GRANTEE covenants not to interfere with GRANTOR's facilities in any manner
whatsoever and shall fully indemnify GRANTOR from any and all losses as in
Section "(d)" above resulting from such interference.
/
$ lntansibfe Tax Pd.
l~vid N. Berrien, Clerk Seminole
This instrument prepared by: Lonnie N. Groot
Assistant County Attorney
Seminole County Services Building
1101 East First Street
Sanford, Florida 32771
Commission ~by and through the Mayor.
~'"'~ PAO~
9Z6 10 2
SEMINOLE C0. FL.
I~ WI~$ ~ the GP~N?OR has executed thls Agseement by actlon of t~e
Board o~ County Commissioners actlng by and t~rough the C~alrman o~ sald Boasd,
and t~e G~A~EE has executed t~ls Agreement by actlon of the Sanford Clty
ATTEST:
~erk ~o th~ Board of
Co~ty ~mmi~sioners of
'S~emi~e ~Co~ty, Florida.
For %he u~e' and reliance
of Se~a$~O~e County only.
ApProVed as to form and
legal sufficiency.
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA (GRANTOR)
FReD W. STREETMAN, JR., Chairma~n~
Date:
As authorized for execution by
the Board of County Commissioners
at their ~l ~.~ . Iv~ , 19,~
regular meetly.
(SEAL)
ACCEPTANCE BY GRANTEE
ATTEST:
CITY OF SANFORD
By: /
' ,'f~t'>,.L, <
BE'~"~'Z~'~. SMITH, May0~
(SEAL)