721-Sunbelt Rentals t4ARYANNE~ORSS; SEMINOLECOUNi% FL.
CLERKOFCIRCUiTCOURT RECORDED&~ktlFiE~
2 5 ~ 17 2 9s AO~ 2~ AFf'8: 0~
RIGHT-OF-WAY USE AGREEMENT
~is ~greement entered into this <~ac/j' day of
, 9~2 by and between the City of Sanford, a
Florida Municipal Cozlporatlon whose Post Office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (herelnafter caZled the
"CITY") and Sunbelt Rentals, Inc.
whose Post Office address is 1501 W. 1st Street
Sanford, FL 32771
(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
W~EREAS, 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 Co 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 o 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 1501 w. 1st .Street, Sanford, FL 32771
legal description: Tax parcel # 25-19-30-5AG-0318-0000
Block 3, Tier 18, Florida Land and Colonization Company Limited Map
of the St. Gertrude Addition to the town of Sanford Plat Book 1, Page
113, of the Public Records of Seminole County, Less R.O.W. for SR 46
The Agreement will allow the REQUESTOR to install
Landscaping consistent with Sanford Land Development Regulations
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subjects-
to the following conditions:
A) Construction dimensions, materials, color, and detail~mf
shall be as specified on Attachment "A" and AttachmentqB".
· ~ B) The authorized improvement shall in no way be extended or
modified by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall otherwise fully comply with all
applicable portions of the City Land Developmenn
Regulations.
SECTION 3. MAINTF~CANCERESPONSIBILITIE8
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. 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
previous condition. All restoration must be completed within
thirty (30) days of receipt of the termination notice from abe~'
CITY. ~ CD
SECTION 5. INDEMNIFICATION ~
TO the fullest extent permitted by law, REQUESTOR agreesFtCn
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,
su±~s, 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 T~h~ CITY Tony VanDerworp. City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTDR Peter D. Milovic
Sunbelt Rentals, Inc.
1501W. 1st Street
Sanford, FL 32771
SECTION 7. EFFECTIVE DATE
This Agreement shall take effect upon the date that it
executed by both parties hereto.
SE~ION 8. RECO~ATION
The agreements contained in this docu~nt shall be perpe~a~
and mn with the land. This document shall be recorded in
Official Records of Seminole County.
IN WI~ESS WHERETO, the parties have ~de and executed this
Agreement on the date first written above.
THE CITY 0F S~FORD, FLORIDA
a Municipal Coloration
ATTESI
B ~ Y0R
D t
=' ~ '~-":~;.'~T]~.]~ ?' As authorized for execution by
~ee~ng .~
(Requestor)
Print Name Print Name
By:
(Requestor)
Print Name Print Name
Date:
STA~ OF FLORIDA )
COl OF S~INOLE )
' The foregoing instrument was acknowledged before me this
{~ day of
and ~ , who is~ar-epersonally known to me or
has/have produced FL Dr', L;~~Z-~-~.~]'~I~ as identification.
~v~ DIAN[C~SV$ Notary Public, State of Florida
(Name of Nota~ ~ed, Printed or Stamped)
Attachment
ATTACHMENT "B"
· No trees shall be planted over any utility mains; trees shall be planted outside of required
City utility easement areas.
· Contractor shall notify "Call Sunshine" at 1-800-432-4770 for utility locates prior to
digging in any right-of-way,
· Traffic visibility sight lines shall be maintained in accordance to City and FDOT
requirements at all intersections.
. ESCRIPTION: ~ /
PETE MILOVIC
~"~ ~"~ ~' 2101 W. ~NOSTREET ROA~
~" ~ z~ ~ FLORIDA 52809
~ z,~ ~. ~ 407,323.7774
~m~.~__~,~ ~91NEER: SURVEYOR: _
~""~""~'"~.~.,,m,__. SITE AND B~NNING KffNER SURVEYING
. AffN: RUSSELL UAYNARO ATTN: B~IR KITNER ~l~lT
' FX: 407,322,2003
Lcg~bility Unsatlsfacto~ ; t. MAIL: sepOITd-deSign.nef
For Microfilming :
IST STREET (S.R. 46) R/W VARIES ~ LOCATION MAP
~ + LANDSCAPE NOTES / PLA~ UST:.
~ ........ ~ ' STD. ~ND GUTTER ~SH CURB
/
t~ ~ ~ TYPICA~ 17AVEMEN~ SECTION
,,. r ,,0,:
255.26' "
~o~o~.~,~,~ C~..,,.,~,~ ......... Legibility Unsatisfactory wHETL 9TOP
"~ ~/~'~' '~/'0 ~ ~ ~, ~>; ~ ~ F~ Microfilming
pare 26-19-30-8AG-0318-0000 *CURRENT 98 08/21/98
name SUNBELT RENTALS
add1 ira1 land $1S0,660
add2 611 TEMPLETON AVE STE 107 agrc
csz CHARLOTTE, NC 28203 extra feat $32,004
pad 1501 1ST ST W bldg $195,843
SANFORD, FL 3277~ cost value
nbhd 1~00 act own TC 50°00% total juet value $358,407
td dot mkt demo fig <--pre/late--> <--exemptions--> exmp-amt tax due
S1 41 71 0 - $8,156,05
LIGHT MANUFACTURING e&i 1 132
LEGAL LEG ALL (LESS RD) BLK 3 TR 18 TOWN OF SANFORD
PB i PG 113
SALES SQ SW 07/98 03465 0460 $650,000 I land 66 05/02/91
SU QD 01/96 03037 1901 $100 I bldg 24 02/19/97
:l=print, Vab MORE: SALES chg PAR 07/31/98
:Nte, Leg,Sle, Bd/lnd/xf, Pmt, AdlO, Com,~nc,Tpp,Rst, Oh Roll, Fwd,Mnu.[EXIT]
5301 SiOCHRISTENSEN DAVID N 2519305AG12060010 <Replace>
86:54 FR SBNELT RENTA~ ORL '41~7843 7103 TO ~385686 P,0t/06
'~ A 2 101 West Landstreet Rd. , Orlando, FL 32809
~/~ Telephone: (407) 855-0050 Facsimile: (407) 855-800~
MEMORANDUM M:
RUSS GIBSON LAND DEVELOPMENT COORDINATOR
July 9, 1998
TO: Mayor and City Commission
VIA: Jan Dougherty, City Clerk
THRU: Jay Mardot, Director of Planning and Developmenty/,///--
SUBJECT: Action taken by the Plans Review Committee on Tuesday, July 7, 1998
regarding a proposed R.O.W. Use Agreement for Sunbelt Rentals, Inc.
The Plans Review Committee considered the Right-of-Way Use Agreement submitted by Sunbelt
Rentals, Inc. requesting installation of landscaping improvements within the rights-of-way of Jessamine
Avenue, West 1st Street and Oleander Avenue for the property located at 1501 W. 1st Street. No exhibit
or attachment was provided with the request however the attached site plan shows the proposed
landscaping improvements meeting City standards as presented when the site plan for Sunbelt Rentals
was approved. The Plans Review Committee recommends approval for the utilization of the
adjoining rights-of-way at 1501 W. 1st Street for landscaping purposes only as generally depicted
on the attached site plan subject to the following stipulations:
· No trees shall be planted over any utility mains; trees shall be planted outside of required City
utility easement areas.
· Contractor shall notify "Call Sunshine" at 1-800-432-4770 for utility locates prior to digging in any
right-of-way.
· Traffic visibility sight lines shall be maintained in accordance to City and FDOT requirements at all
intersections.
PRC Members Present: Jay Marder, Russ Gibson, Mike Crumpton, Bob Waiter, Mike McGibeny, Chris
Smith, Mitch Tindel
/attachment: Site Pla,n for Sunbelt Rentals, Inc. dated May 15, 1998
Cc: Plans Review Committee
Peter D. Milovic (via facsimile: 855-8002)
Plans Review Committee - July 7, 1998
ol San.ford. ioricj,
P.O. Box 1788 · 32772-1788
Telephone (407) 330-5673
Fax (407) 330-5679 }998 JUL 31 ~ ~ 20
Depa~ment of Engineering, Planning and Zoning ~
~}AC~ ~O~B~ O~ L~E~
]~ 27, ~998
c/o Ta D~t 30953
e.O. Box ~504
~a~¢, ~ 372022-]504
Re: Right-of-Way Use Agreement request- 1501 W. 1= Street (Sunbelt Rentals, Inc.)
Dear Sir/Madam:
This l~aer is to advise you of a request by Sunbelt Rentals, Inc., located at 1501 W. 1~ Street,
for a Right-of-Way Use P~,~ allowing Sunbelt Rentals tO plant mid irrigate landscaping in the
fights-of-way adjacent to their property along Oleander Avenue, Jessamine Av~mue and S. R. 46
(W. 1~ Street). Since the proposed activity is with in rights-of-way that adjoin your property,
please contact thk office if you have any questions or coi.i,,.ents regax.ding this request. The City
Commission will consider the Right-of-Way Use Agreement for Sunbelt Rentals, Inc. at their
August 10, 1998 meeting in the City Co~n~i~sion Chambers, City Hall at 7:00 P.M.
Sincerely,
CITY OF SANFORD
Russell L. Gibson, AICP
Land Drvelopment Coordinator
A:~bdt-RoW.wpd
/at~chnx~: sitemap
Cc: City Clerk
"The Friendly City"
Sanford. F/orzd
P.O. Box 1788 · 32772-1788
Telephone (407) 330-5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
ADJACENT PROPERTY OWNER LIETrEK
July 27, 1998
Andrew W. & Elizabeth Dawson
111 8. Oleander Avenue
Sanford, Florida 32?71-1027
Re: Right-of-Way Use Agreement request - 1501 W. 1a ~ (Sunbok Rentals, Inc.)
Dear Mr. & Mrs~ Dawson:
This letter is to advise you of a request by Bunbelt Rentals, lnc~ located at 1501 W. 1~ Street,
for a Right-of-Way Use Permit allowing 8,ml~elt Kontals to plant and inigate isndsc~i~g in the
rights-of-way adjacs~nt to their proper~y along Oleander Argue, Jessai~ine Avenue and S. 1~ 46
(W. 1a Street). Sinc~ the proposed acidly is with in rights-of-way that adjoin your property,
please contast this office if you have any questions or comments regarding thin request. The City
C~,~-i~i,~on will consider the Right-of-Way Use Agreement for Sonbel~ Reatals, Inc. at their
August 10, 1998 meeting in the ~ Commi~on Chambers, C]~y Hall at 7:00 P.M,
Sincerely,
CITY OF SANFORD
Russell L. Gibson, AICP
Land Devolopm~t Coordinator
~atta~ site map
C~: City Clerk
"The Friendly City"
P.O. Box 1788 · 32772-1788
Telephone (407) 330-5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
ADJACENT PROPERTY OWNER LETTER
July 27, 1998
John Baker
1500 W. 1~ Street
Sanford, Florida 32771-673
Re: Right-of-Way Use Al~reement r~quest - 1501 W. 1~ Street (Sunbelt Reatais,
Dear Mr. Baker:
This letter is to advise you of a request by SunMt Rentah, Inc., loeate~l at 1501 W. 1~ Street,
for a Right-of-Way Uso Permit allowing Sunbell Reatals to plant and irrigate landscaping in the
rights-of-way adjacent to their propea'y along Oleander Avenue, Jessamine Avenue and S. R. 46
(W. 1~ Street). Since the proposed activity is with in ~ghts-of-way that adjoin your propea'y,
pleaso enntaet this office ifyou have any quitions or c{,~i.,ents regarding thi~ request. The City
Co-~hksion wffi consider the Right-of-Way Use Agreemeat for Sunbell Reatals, he. at their
August 10, 1998 meeting in the C'e~ty Commlnsion Chambe~ City Hall at 7:00 P.M.
Sincerely,
CITY OF SAlqFORD
Land Developmeat Coordinator
F :~SHA_ENGx~n~r-Files~tmb~lt - ROWus~nolice
/attaching. site map
Co: City Clerk
"The Friendly City"
P,O. Box 1788 * 32772-1788
Telephone (407) 330~5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
ADJACENT PROPERTY OWNER LETTEK
July 27, 1998
Raymond E. & Aria J. Lundquist
424 W. Crystal Drive
Sanford, Florida 32773-4710
Ra: Right-of-Way Use Agreement t~luest- 1501 W. 1~ Slxeet (Sunbelt R~a~tls, Inc.)
Dear Mr. & Mrs. Lundquist:
This loiter is to advis~ you of a requ~t by Sunbali Rentals, Inc., locked at 1501 W. 1 ~ Street,
for a Right-of-Way Use Permit allowing Sunbelt Rentals to plant and irrigate isndsc~pin~ in the
rights~of-way adjacent to their property along Oleander Avenue, Jessa-.h~e Avenue end S. R. 46
(W. 1 ~ Street). Since the proposed a~tivity is with in rights-of-way that adjoin your property,
please eonta~ this ofi~c~ if you have any questions or enmments regarding this request. The City
Co~ni~sion will cAmsider the Iti~ht-of-Way Use Agr~aleat for Sunbelt Rentals, Inc. at their
August 10, 1998 m~i~tg in the City Con~in~sion Chambers, City Halt. at 7:00 P.M.
Sincerely,
CITY OF SANFORD
Russell L. Cabson, AICP
Land Development Coordinator
,~\wieboldt.wpd
Cc: City Clerk
"The Friendly City"
C;x x Sanford. Flo ·
t cZ,
I?0, Box 1788 · 32772-1788
Telephone (407) 330-5673
Fax (407) 330-5679
Depa~ment of Engineering, Planning and Zoning
July 27, 1998
Louisa W. Hart, Truste~
P.O Box 1847
Winter Haven, Florida 338824847
Re: ]~ight-of-Way Use Agreement request - 1501 W. 1= Street (Sunbelt Rentals, Inc.)
Dear MR Hart:
This letter is to advise you of a request by Sunbelt Rentals, Inc., located at 1501 W. 1= Street,
for a Right-of-Way Use Pr~iiiii allowing Sunbelt Rentals to plant and irrigate landscaping in the
fights-of-way adjacent to their property along Oleander Avenue, lesssihli~e Avenue and S. P~ 46
(W. 1= Street). Since the lifoposed activity is with in rights-of-way that adjoin your property,
please contact this office if you have any questions or coi~haents regarding this request. The City
Commission will consider the Right-of-Way Use Agreement for Sunbelt Rentals, Inc. at their
August 10, 1998 meeting in the City Commission Chambers, City Hall at 7:00 P.NL
Sincerely,
CITY OF SANFORD
Pussell L. Crimson, AICP
Land Development Coordinator
/anachment: sitemap
Co: City Clerk
"The Friendly City"
P,O. Box 1788 · 32772~1788
Telephone (407) 330-5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
ADJACENT PROPERTY OWNER LETTER
~Iuly 27, 1998
Dean D. & ace 1~ Byeits
118 S. Jesss~lne Av~mue
Sanford, Flolida 32771-1014
Re: Right-of-Way Use Agreement request - 1501 W. 1= Street (Sunbeh Rtmtals, Inc.)
Dear Mr. & Mrs. Byerts:
This letter is tO advise you of a request by Sunbelt Rentals, Inc., located at 1501 W. 1 = Street,
for a Right-of-Way Use P~,~mll allowing SunbeR RBntais to plant and irrigate landscaping in the
fights-of-way adjacent to their propelly slong Oleander Avenue, Jesssi~ii.e Avenue and S. 1L 46
(W. 1~ Street). Since the proposed activity is with in ~ghts-of-way that adjoin you~ propen'y,
please contact this office if you have any questions or comments regarding this request. The City
Co.ii.~l~sion w~l consider the Right-of-Way Use Agreement for Sunbell Kentais, Inc. at their
August 10, 1998 meeting in the City Coi~n~i-~sion Chambers, City Hall at 7:00 P.M.
Sincerely,
CITY OF SANFORD
Kus~ll L. Cabson, AICP
Land Development Coordinator
A:Xby61ts.wlod
/attachment: site map
Cc: City Clerk
"The Friendly City"
Sauford. P!ori
f~O. Box 1788 * 32772-1788
Telephone (407) 330-5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
~IACE~ PROPER~ O~R ~R
J~ 27, 1998
~ L. ~mt~ ET ~, T~, ~O
~e Mo~ ~n~ega~on of Jeh~ W~ess
517 ~toffi ~e
~e ~, Hofia 3274~4203
Re: .~t-of-Way U~ ~eem~ r~ue~ - 1501 W. 1~ ~ (S~beh R~ta he.)
D~ ~. H~t~:
~ 1~ m a~y~ ofa i~e~ by S~Mt ~n,d~ h~ 1~ ~ 1501 W. 1
for a ~t-of-W~ U~ Pa ~o~g S~b~ K~ to p~ ~ ~e ~d~ap~
~of-w~ adja~ to ~prop~ ~o~ Ol~d~ Av~ue, le~il~e Av~e ~d S. [ 46
~. 1~ S~). S~e propo~ a~ ~ ~ ~ ~of-~y~ a~o~ ~ propS,
ph~ ~ma~ ~ offi~ · you ~e ~y ~e~ or ~s m~g ~ t~ ~e C~
~.~i~fion ~ ~n~d~ ~e ~t-of-Way U~ ~t for S~h K~/ak he. at
~ 10, 1998 $g ~ ~e ~ Co~l~on ~a~ ~ ~ at 7:00 P.~
S~c~ely,
C~ OF S~OD
~ L. ~ ~CP
~d D~opm~t Coor~or
Co: C~ Cl~k
"The Friendly City"
of Sanford.
P.O. Box 1788 · 32772-1788
Te/ephone (407) 330-5673
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
J~ 27, 1998
William ~ & ~ P. WI~oI~
2434 S. E~ Av~ue
Sanfor{ Ho~ 32771-3~
Re: ~-ogWay U~ ~t r~ue~ - 1501 W. 1~ S~ (~b~ R~ h~.)
~ ~. & ~ ~eboldt:
~ 1~ ~ to a~ you ofa r~u~ by iMt R~n~ h~, 1~ ~ 1501 W. 1~ ~
~t~of-~ ~ja~ to ~ prop~ ~g Ol~der Av~e, l~.~h~e Av~ue ~d S. [ 46
~. 1~ S~). Si~ ~o pr~o~ a~ ~ ~ ~ ~of-w~ a~ yo~ pr~,
pl~ ~nta~ this offi~ ~you ~ ~y ~s or co.~ts rog~ig ~ r~e~. ~e C~
Au~ 10, 1998 m~ h ~e C~ Co~ i~, ~ ~'~ 7:00 P.M.
C~ OF S~O~
h~H L. ~ ~CP
id ~el~m~t Coord~ator
/a~c~: ~ ~
Cc: C~ Cl~k
"The Friendly City"
of Sanford, Flor{d
RO. BOX 1788 · 32772-1788
Telephone (407) 330-5878
Fax (407) 330-5679
Department of Engineering, Planning and Zoning
ADJACENT PROPERTY OWNER LETTER
July 27, 1998
Mildted B. B~yant
c/o Marvin gobena~t
RR 1 Box 335
Woodlawn, IL 62898-9799
Re: Right-of-Way Use Agreement request - 1501 W. Ig Street (Sunbelt Rentals, Inc.)
De~r Mr.Robenart:
This letter is to advise you of a request by Sunbelt Rentals, Inc., located at 1501 W. 1~ Street,
for a Right-of-Way Use Permit allowing Su~belt Rentals to plant and irrigate landscaping in the
~hts-of-way adjacent to thek property along Oleander Avenue, Jessamlne Avenue and S. I~ 46
(W. 1 ~ Street ). Sinc~ the proposed a~ivRy is with in rights-of-way that adjoinsyour propemj,
please ooata~t thi~ ottice if you have any questions or coi~ents regarding th.i~ re,~est. The City
Commi~,sion vcHl consider the Right-of-Way Use Agreemeat for Sunbelt Rentals, Inc. at their
August 10, 1998 meeting in the City Coiiiiii;~ioa Chambers, City ~ at 7.'00 P.NL
CITY OF SANFORD
Russell L. Gibson, AICP
Laud Development Coordinator
C:W~yFResXrobenmt v~d
Cc: Ci~ Clerk
"The Friendly City"
LAKE MONROE
Ri~OI
RIGHT OF WAY ....~ ~l
Parcel ID: 25.19-30-5AG-0318-0000 ~ ~ ,