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1938 CDBG/Allen Chapel Temp Parking Easement also in CDBG ContractsCIT OF NFLQ�-RD FLORIDA To: City Clerk RE: Request for Services The item(s) noted below is/are attached and forwarded to your office for the following action(s): ❑ Development Order ❑ Final Plat (original mylars) ❑ Letter of Credit ❑ Maintenance Bond ❑ Ordinance ❑ Performance Bond ❑ Resolution Once completed, please: ❑ Return original ❑ Return copy Special Instructions: ❑ Mayor's signature ❑ Recording ❑ Rendering ® Safe keeping (Vault) Please retain for the CDBG Community Development File — City of Sanford / Allen Chapel AME. Temporary Parking Easement Please advise if you have any questions regarding the above. Thank you! Andrew Thomas 6/18/2018 From Date \\SVCH-Omnicast\USERS\mcrayn\Templates\City Clerk Transmittal Memo.doc Prepared by and return to: Lonnie N. Groot, Esquire Stenstrorn, McIntosh, et a[. 1001 Heathrow Park Lane Suite 4001 Lake Mary, Florida 32746 Telephone 407-322-2171 Tax Parcel ID#: 35-19-30-5AJ-OA00-0080 CONDITIONAL TEMPORARY PARKING EASEMENT THIS CONDITIONAL TEMPORARY PARKING EASEMENT is made and entered 1,.5-r into this day ofJtA�, , 2018, by and between ALLEN CHAPEL AFRICAN J METHODIST EPISCOPAL CHURCH, OF SANFORD, INC., whose address is 1203 Olive Avenue, Sanford, Florida, 32771 hereinafter referred to as the "GRANTOR:, and the CITY OF SANFORD, a municipality of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as the "GRANTEE". W1 T N E S E T H: FOR AND IN CONSIDERATION of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the GRANTOR does hereby grant and convey to the GRANTEE and its assigns, a temporary easement as to the below described property (the "subject property") for the purposes of parking motor vehicles and taking any and all other necessary and expedient actions relative to the establishment of parking spaces, as determined to be desirable by the GRANTEE, in its sole discretion, including, but not limited to, placement of the following in, on and upon the subject property: placing gravel or other substance on the subject property, milling the subject property, marking and signing of the subject property, lighting, landscaping, maintenance, and other appurtenant reasonable actions to provide for public parking on the subject property subject to the 11 P a g e terms and conditions of such usage as set forth below. Included in this grant of easement is the right of the GRANTEE to access and enter the subject property at any time and to allow public parking, upon the subject property situate in the County of Seminole, State of Florida, to wit: The parking lots, improved or unimproved, and areas eligible for use as parking located on Lots 8 and 9, Block A, plat of SOUTH SANFORD, as recorded at Plat Book 1, Page 94 of the Official Records of Seminole County, Florida. The property is also known as Tax Parcel Identification Number: 35-19-30-5AJ-OAOO-0080 as assigned by the Seminole County Property Appraiser. TO HAVE AND TO HOLD said easement unto said GRANTEE and its assigns for a period of time commencing on the date of this instrument and continuing until the date thereafter that is set forth below with the condition of use with the use of the subject property being that the GRANTOR and the GRANTEE shall enter memorandums of agreement by administrative personnel to address the reasonable use of the GRANTOR of parking areas for church functions. THE GRANTEE as a part of the consideration of this grant, shall, to the extent and limits permitted by law, assumes public liability or responsibility and liability for the installation, maintenance and operation of said parking areas and spaces when utilized for public parking during the time period as established herein; provided, however, that the GRANTEE does not hereby waive sovereign immunity or any rights of the GRANTEE under the provisions of Section 768.28, Florida Statutes. The GRANTEE may use, or allow the use of the parking areas, as part of the Choice Neighborhood Initiative and the Goldsboro Front Porch program and relates projects and programs as the GRANTEE may deem appropriate. THE GRANTOR does hereby covenant with the GRANTEE, that it is lawfully 2 1 P a g e seized and possessed of the subject property, that it has a good and lawful right to convey the said easement and that it is free from all encumbrances that would prohibit the GRANTOR from granting the GRANTEE the rights that are set forth herein relating to the parking of motor vehicles. UPON EXPIRATION of the easement granted herein, the GRANTEE shall return the subject property to the general condition of the subject property area prior to the commencement of this easement normal wear and tear excepted, but shall leave the subject property's parking areas "as is" having been converted to parking from the state that existed prior to such use. IN CONSIDERATION OF THE work being provided by the GRANTEE by means of the GRANTEE establishing or improving parking areas on the subject property, this easement will remain in effect for a period beginning the date that the GRANTEE records an affidavit in the Public Records (Land Records) of Seminole County stating that the use of the parking areas has commenced and terminating 3 years from that date. THIS DOCUMENT SHALL be recorded in the Public Records (Land Records) of Seminole County. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal, the day and year first above written. SIGNATURE BLOCKS FOLLOW: Signed, Sealed and Delivered In the Presence of Witnesses: By: Witness Number 1 Signature Printed name: -966A] A (do ) i 1 BYE Witness Number 2 Signature Printed Name:A1yacL,,--'�,) 6,lq STATE OF FLORIDA COUNTY OF SEMINOLE ALLEN CHAPEL AFRICAN METHODIST EPISCOPAL CHURCH, OF SANFORD, INC. By: P/ 4�� Octavius L. Smith Pastor, President By:_� Eddie Jackson Trustee ACKNOWLEDGEMENT HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared Octavius L. Smith and Karen R. Wynn and they acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily and they are personally known to me or provided �l,�Q ��/ 1 as identification. ESS my hand and official seal in the County and State last aforesaid this �-- day of ;�� , 2018. k' .'— ..—.—, y ---. ADDITIONAL SIGNATURE BLOCK FOLLOWS: 41_F'_age :;•�; v'p� .. °.:' NICOLE 1.05SURN Notary Public - State of Florida Commission: GG 152572 My Comm. Expires Nov 24, 2021 Bcrded thrcugh N a tioral Notary Aim k' .'— ..—.—, y ---. ADDITIONAL SIGNATURE BLOCK FOLLOWS: 41_F'_age T Attest: 1 11 6ao TtUohjjy)� NO, RIP—M, Traci Houchin City Clerk Approved as to form and lega/xr6�—g F SANFO CITY OF SANFORD: Jeff Triplett or, City of S�n©d;-1t/lorida A A;le W111,11RIN Cit Attorney ST. IL