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MARYANNE MORSE
CL~.RK OF CIRCUIT COURT
8531h6
SEMINOLE COUNTY, FL.
RECORDED & VERIFIED
96 JUN 13/ H 8:03
C-&/5
C,[EICIAL P, ECGF,~S
BOOK L' PAGE
RIGHT-OF-WAY USE AGREEMENT
3087 0001
SEMINOLE CO, FL.
This agreement entered into this /~ day of ~ ,
19~ by and between the City of Sanfor&, a Florida Municipal
Corporation whose Post Office address is P. O. Box 1788, Sanford,
Florida 32772-1788, (hereinafter called the "CITY") and RESCUE CHURCH OF
GOD whose Post Office address is P.O. BOX 418 ,
SANFORD, FL 32772-0418 , (hereinafter called the "REQUESTOR").
WITNESSETH:
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, itis 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 opposite his
(proof of ownership/interest required) property, adjacent to vacant
land, 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
opposite to the REQUESTOR's property located at the following address
1700 West 13th Street ,
legal description: The East 51 feet of the South 42 feet of Lot 8 and
the East 51 feet of Lot 11, Robinson Survey of an Addition to Sanford
ITEM
according to Plat recorded in Book 1, Pages 92 and 93 .
The agreement will allow the REQUESTOR to install Parking stalls on
east side of the right-of-way of Mulberry Avenue on a portion of the
public right-of-way in accordance with details shown on Attachment "A".
Installation/improvement shall be subject to the following conditions:
A) Construction dimensions, materials· color· and details of the
Parking stalls shall be
as specified on Attachment "A".
B) The authorized improvement shall in no way be extended
modified by the REQUESTOR without prior written approval'~f~i~.
the City.
C) REQUESTOR shall otherwise fully comply with all applica~ecD
portions of the City Land Development Regulations. ~ cD
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. Such
termination may be as the result of development of all, or any part of
the now vacant land on the east side of Mulberry Avenue as shown on
Attachment "A" unless the owner of that land agrees to the continuation
of the said right-of-way use. The REQUESTOR agrees that upon receipt of
notice of termination of this agreement that he will expeditiously
remove the installation/improvement and return the right-of-way to its
Page -2-
(ROW Use Agreement\RescueChurch of God)
previous condition. All restoration must be completed within thirty
(30) days of receipt of the termination notice from the CITY.
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 connectedc3.=~
with the use of the City's right-of-way. ~ --4 i=~
SECTION 6 NOTICES ~ ~
Any notices required or permitted hereunder shall be in writing a~dcD ~7~
shall be deemed properly made when deposited in the United State mail,co m
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
FOR THE REQUESTOR
William A. Simmons, City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida
32772-1788
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
Page -3-
(ROW Use Agreement\Rescue Church of God)
records of Seminole County.
IN WITNESS WHERETO, the parties have
agreement on the date first written above.
made and executed this
WITNESS:
Print Name
Attachment
06/01/95
(agreemen%s) a:\agreemnt\ROW-Rescue. Ch
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
By: ~ o · IT~ MAYOR
As authorized for execution by
City Commission at its
/a , 199 ~ Regular
( Requestor
Print Name
Requestor
By:
Print Name
Date:
Page -4 -
(ROW Use Agreement\Rescue Church of God)
...................................................................... t-2-TH-.-,.$~RI~ET- ..............: ....................................................................= .......
cone. sidewalk
B2'
"AREA FOR
.RIGHT-OF-WAY
USE REQUEST"
NOTOWNEDBY
RESCUE
CHURCH
cone. sldeM/~!k
,-T. REET .....................................................................................................
1200 BLK OF MULBERRY AVE.
R/W USE REQUEST
ENG. & PLAN.
DEPT. 4-96
...................................................................... t.2TH--S~REE~- ..............: ..............* .....................................................: .......
cone. sidewalk
J ~_ J
...................................................................... t.-3'FH.--.~
".AREA FOR
.RIGHT-OF-WAY
USE REQUEST"
NOT OWNED BY
RESCUE
CHURCH
cone. sidewalk
,.--T--.R--.-E.E--T.-- .....................................................................................................
1200 BLK OF MULBERRY AVE.
R/W USE REQUEST
ENG. & PLAN.
DEPT. 4-96
celle Chtl
of God, IllC.
Lost
1700 West 13th Street * Sanford, Florida 32771 · (407) 323-3700
General Overseer
& Pastor
Mother Blanche Weaver
May I 5, 1996
National Evangelist
Quintin C. Faison
To Whom It May Concern:
State Evangelist
Willie P. Thomas
District EIder
James A. Bradshaw
This letter is written to inform you that Richard Burke
is the authorized representative for the matter concern-
ing property easement for the above church.
National Mother
Edith E. Brown
Mtate Mother
Osteen Bradshaw
State Missionary
Marie Knight
National Secretary
Richard Burke
Sincerely,
Blanche Bell Weaver, Pastor
Rescue Church of God
parc 25-19-30-5AH-OOOO-OOGB
name CHURCH RESCUE CHURCH OF GOD
add1
add2 1700 THIRTEENTH ST N
csz SANFORD, FL 32771
pad 1700 THIRTEENTH ST N
nbhd 1o00 act own
td dot fig -- pre/late --
S1 71 0
NOTE: RESCUE CHURCH OF GOD
813-3 IN 35-19-30
CURRENT 96
date 05/10/96
jval land
.agrc
extra feat
bldg
cost value
income
% total just value
-- exemptions -- exmp-amt yr
36- 1900
,CHURCH
PAVING .ISON ST RIGHT OF NAY
$3,85E
$6,213
$112,94~
$123,01E
tax due
e&i 0
70 $25000
LEGAL LEG E 51 FT OF S 42 FT OF LOT
LOT 11
TO SANFORD
SALES ..
8 + E B1 FY OF N 70 FT OF
ROBINSONS SURVEY OF AN ADD
PB 1 PG 92
l~nd '24 01/13/94
bldg 04 09/08/8S
chg TRA 04/30/96
Note,Leg,Sale~Bld/land/xf,Prmt,AmdlO,Comm,Hlst,Other' Roll,Fwd,Main Menu,EEXIT]
Count: *0 <Replace)
TER_N/IINATION OF AGREEMENT
COUNTY INSTRUMENT NO. 853146
REz
RIGHT-OF-WAY USE AGREEMENT dated June 12, 1996, recorded in Official Records
Book 3087, Page 0001, Public Records Seminole County, Florida, with
Rescue Church of God
P. O. Box 418
Sanford, FL 32772-0418
KNOW ALL MEN BY THESE PRESENTS, that CITY OF SANFORD, FLORIDA, the
owner and.~hOlder of that certain fight-of-way described in said agreement has unilaterally
terminated said agreement on January 1 O, 2000.
Prepa~' by/r~mm to:
City of S ord
P. O.'gox 1788
S~ord, FL 32772
CITY OF SANFORD, FLORIDA