1692 ROW Use Agreement - 1613 Palmetto AveRIGHT-OF-WAY USE AGREEMENT / Z
This Agreement entered into this 10th day of Septembe
.2014 by and between the City of Sanford, a Florida Municipal
Corporation whose Post Office address is P. C). Box 1788.
Sanfond, Florida 32772-1788. (hereinafter called the "CITY") and
William Erwin whose Post Office address is 1613 Palmetto
Avenue, Sanford, Florida , (hereinafter called the
"RE[2UESTOR").
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WHEREAS, the CITY h;the owner ofcertain street i within the incorporated limits
of the City of Sanford; and
\&4HEFlE/\S' 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 oJstorn0vvater; and
VVHEF(EA8, it is City policy to pnsaen/e 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
VVHEF|EA8. the REC}UE8T[)R has requested authorization from the CITY to utilize and/or
improve o portion of the public right-of-way immediately adjacent to their property for a specific
private purpose.
NOW THEREFORE, inconsideration ofthe premises herein the parties agree aofollows:
SECTION 1' RECITALS
The above recitals are true and correct and form a material port of this Agreement upon
which parties have relied.
SECTION 2. PURPOSE
The purpose of this Agreement is to document agreements and conditions thereto vvhenobx
the CITY will agree toa right-of-way use/improvement bythe REC>UESTOR of portion of public
hght-of-xvaycontiguous tothe F(EClUESTOR'aproperty located mt 1613 Palmetto Avenue, Sanford,
Florida 32771, legal description: LOT 2, Bungalows on Palmetto, PB 61 PG 27.
The Agreement will allow the REQUESTOR to maintain a four foot aluminum fence, on
portion of the public i constructed pursuant Building Permit No. issued on
September 3, 2014. Any improvements to the existing fence shall be subject to the following
1
A) Construction dimensions, rDatehe|a, color, and details of all required improvements
shall beosapproved bvthe City.
2U The authorized improvement shall in no way be extended or modified by the
RE(]UESTOR without prior written approval of the City.
C\ REQUEGTC)Fl ehoU otherwise fully comply with all applicable portions of the City Land
Development Regulations.
SECTION 3' MAINTENANCE RESPONSIBILITIES
The REQUESTOR, and his successors and aseQna, 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. FlE(]UE8TOR may, with
written City autho[ization, remove said iDste||ohon/irnprovenlentfuUy 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 chte[ia. Or completely restore the right-of-way to its previous condition, the
CITY shall, after appropriate noUce, restore the area to its previous condition at the R|EClUEGTOR'o
expense and, if necessary, file a lien on the F{EC1UEGTC)F|'a property to recover costs ofrestoration.
SECTION 4. TERMINATION
The CITY reserves the right to unilaterally terminate this Agreement at any time, providing
notice as prescribed below. The REClUE8TCJF| agrees that upon receipt of notice of termination of
this Agreement that he will expeditiously FerDOVe the installation/improvement and return the land to
its previous condition. All restoration must be completed within thirty /30\ days of receipt of the
termination notice from the CITY.
SECTION 5.
To the fullest extent permitted by |axv' FlEC>UE8TOR @gneao to defend, indennnifv, and hold
harmless the City, its counci|persono' agente, servants, or employees (appointed, e(ected, or hired)
from and against any and all |iabi|ities, claims, penalties, demands, suits, judgments, |nsses,
expenses, damages (direct, indirect oroonaequanUa|). 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 nnmi|' postage poid, and addressed as set forth hanain, or
at such other address as shall have been specified by written notice tothe other party delivered in
accordance herewith:
K
FOR THE CITY Russ Gibson. Planning Director
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR William Erwin
1613 Palmetto 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.
IN WITNESS WHERETO, the parties have made and executed this Agreement on the date
first written above.
By: '— RussGibson, AICP
Director of Planning and Development Services
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Russ L. Gibson who is personally
known to me and who did take an oath.
-fk
WITNESS my hand and official seal in the Cou �a d State last f?res 'd this. day of
2014.
Pk Notary Public, i and th6 Co6nty and
Notary Public state of Florida
t"o S
Mary L Muse State afc oned.
E 189
zw my commission EE09N6189
Expires 08104/2015
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VVV
PROPERTY OWNER'S CONSENT AND COVENANT
COMES NOW, William Erwin the owner(s) of the afore described property in this
Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature
whatsoever and consents to, agrees with and covenants to perform and fully abide by the provisions,
terms, conditions and commitments set forth in this Development Order
—sign Name Here SigName Here
'SCS 6-'Ef Vick CCJ6-ef'+
Print Name Here Print Name Here
Witness Owner
Sign Name Here
Print Name Here
Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared William Erwin who 1 spb -r-s-o—h -511 y
known w"n-to*'-- mi6i.—dr, who has produced as identification and"*wh6 did -take --an
WITNESS my hand and official seal in the County and State last aforesaid this. day of
)er
'4eme-r- 2014.
6, Notary Public State of Florida �13
'Ay P
Mary L Muse Notary Publi6�, in and for �he County and
My commission EE0961ag
m
e�
Or tv Expires 08/04/2015
AR El State afore ntioned.
T:\Development Review\09-Property and ROW Use Agreements\2014\1 613 Palmetto Ave - Fence in ROW.doc
4
41 WILLIAM M. ERWIN
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Legal Description
Lot 2, BUNGALOWS ON PALMETTO, according to the plat thereof as recorded in Plat Book 61, Page 27,
of the Public Records of Seminole County, Florida.
SURVEY NOTES:
1) The street address of the above-described property is 1613 Palmetto Avenue.
The above-described property lies in a Flood Zone X
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SURVEY NOTES:
1) The street address of the above-described property is 1613 Palmetto Avenue.
The above-described property lies in a Flood Zone X
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