761-Sanford Crisis Pregnancy Ce . MARYAN MORSE SEMINOLE COUNTY, FL.
CLER~-~U|T CO~RI !~F.,CORDEO & Y,~RIF!EO
37666 i t? 10:50 ;
RIGliT-OF-WAY US~ AGREEMENT //~
This Agreement entered into this .~cc day of
Florida Municipal Corporation whose Post Office address is P. O.
CITY ) and re'
whose P~s~=O~ address is
(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, 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 to 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 RECITALS
The above recitals are true and correct and form a material
y 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
The Agreement will allow the REQUESTOR to install
~nce with detai~
shown on Attachment "A". Installation/improvement shall be subje~_~'~
to the following conditions:
A) Construction dimensions, materials, color, and details c~5
shall be as specified on Attachment "A".
B) The authorized improvement shall in no way be exten~e~ or
modified by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall othe~ise fully comply with all
applicable portions of the City Land Development
Regulations.
SECTION 3. ~I~EN~CE ~SPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be
responsible for perpetual maintenance of the improvement installed
under this A~reement. This shall include ~intenance of the
improvement and unpaved portion of riSht-of-way adjacent thereto.
REQ~STOR may, with written City authorization, remove said
installation/improvement fully restorin~ the right-of-way to its
previous condition.
If the REQUESTOR does not continuously ~intain the
improvement and area in accordance with previously stated criteria,
or ~ompletely 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 the
CITY.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by law, REQUESTOR agrees ~
defend, indemnify, and hold harmless the City, its councilpersonsO
agents, servants or employees (appointed, elected, or hired) fro ~
and against any and all liabilities, claims, penalties, demands,'~
sui6s, 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~E CITY Tony VanDerworp, City Manager
CITY OF SANFORD
P. 0. 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 perpe ~
intu ~
and run with the land. This document shall be recorded th~
Official Records of Seminole County. ~
TNESS WHERETO, the parties have raade and executed'this
On the d~te first written above.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
As authorized for execution by
Meetin}g.~ , 199~ Regular
WITNESS:
(Re~estor)
Print Name Print Name
Date: ~-~A~-(~y&,
(Requestor
Print Name Print Name
Date:
COUNTY OF SEMXNOLE )
' The foregoinG instrument was acknowledged before me this
day of ~e ~ , ~ ..q~ by
and , who is/are personally known to me or
has/have produced ~C~&%~a-OB~DD-~5~O as identification.
No ' ~ Florida
~lic, State of
~ .U~~ d,d ~m ~T~ ~'
Commission N ~'~ ~I~IE~RINE
(Name of Not ~, P~ce~S~ roped)
Attachment
GRANT OF EASEMENT
ENTURE, madethis Z3 dayof fb~,:eL .A.D. 199;E~,between ~(~\~-e,'J~-
~ whose physical addre~ is ~O ~ ~. ~
, Coun~ of ~e~ ~- and State of ~L~-',~ ~
pall, and CI~ OF SANFORD, FLORIDA, o municipal corporario'n, which is situated in the
~ole, the State of Florida, pa~ of the s~ond pad;
~ETH, that pa~ of the first pad, for and in consideration of the sum of one dollar and other
lera~on paid by pa~ of the second pall, receipt whereof is hereby ackno~edg~, gran~
pa~ of the second pad, i~ succe~ors, a~Igns, licensees, a perpetual easement,
illustrated below, whi~ is to be under, upon, and acro~ the ~,, +~/y ~
pe~ situated in or near the Ci~ of ~nford, Seminole Count, Florida, more particularly ~'~ '-
~ ~ mc
(See A~ched Legal Description and Drawing)
*Also kno~ as ~ 00~ Sonlord Florida*
PROPER~ ADDRESS
(Seminole Coun~ Parcel ID No. ~ · t~. ~ '~ ~' ~ · ~ ~ ~ )
:es, including but not limited to, ci~ owned utilities, hereafter on said proper~, such easeme~
e right of free ingre~ and egre~ over and across said prope~ for the purposes of
, installing, and maintaining said facilities.
Grant of Easement shall not be co~trued as a grant of right of way and is limited to a Ci~
;ement. The pa~ of the fi~t pa~ shall have the right to use the aFea subject to the easement
reby ( the "Easement Area"), including without limitation for parking areas, driveways, and
g, ~ich are not inconsistent with the use of the Easement Area by the pa~ of the ~cond
poses granted hereby.
.vided, however, that the pa~ of the fi~t pa~ shall not have the right to grant utili~ easements
~ies without the prior wriHen consent of the pa~ of the second pad. If the pa~ of the second
~bs any landscaping or improvements within the ~sement ar~, the pa~ of the second pa~
>re such landscaping or improvemen~,
. WITNESS WHEREOF, the pa~ of the first pa~ hereunto sets his or her hand and seal on the day
wri~en above.
SMLED, AND DELIVERED IN THE PRESENCE OF:
'.,
~itness) (Printed Name )
OF , COUN~ OF
Page 1 of 2 c.:? :' ' ' :: ::
parce| ID ~o. ~ ~ un , the indlvidua~. ~
CERTIFY that on thjs day in the ne~ above named State and Co ~, and JegaJJY brad the
:hor~zed to admire JJ appeared beJor '~
.t pa~, did persona Y jduaJ ~ ~o execute~ee act and deed-
jl eopJe as the india:he same as / Jr
'a
~JON EXPIRES: ~ ~
page 2 oi 2
GRANT OF EASEMENT
1028
Albert J. Fornace- ]002 French Avenue
W. 10TH STREET 10'
~ ::D
1002 French Avenue ,', ' [',, ua
Legal Description: "' ' "
N. 50 Ft of Lot 1, Block 12, Tier 9, A C Martins Addition
Plat Book 1, Page 98
117'
Legal Description of Easement:
Pastefly 10 (Ten) feet of the N, 50 Ft of Lot 1, Block 12, Tier 9, A C Martins Addition, Plat Book 1, Page 98