595-Pickron RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this ~7~ day of
, 19 & by and betwee the City of Sanford, a
Florida Municipal Corporation whose Post office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
"CITY" ) and Warren E. Pickton
whose Post office address is, 610 S. Laurel Avenue. S~nford. FL
(hereinafter called the "REQUESTOR" ) ~
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limits ofthe 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
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 610 S. Laurel Avenue, S~nfo~d, FL ,
legal description:Lot 3r Block 8 ~ie~ ~, M.R. ~RA~RORD'M MAP ~ THE
TOWN OF SANFORD, according to th~ plat thereof on file in ~he offlee
the Clerk of the Circuit Court in and for Seminol~ County. Florida,
recorded in Plat Book t, Pages 56 through 64; said lands situate,
lyin~ and being in Semlnol~ County,
The agreement will allow the REQUESTOR to ~a~! continue the use
of the existing concrete pa~kin~ m~e~ fo~
on a portion of the public right-of-way in accordance with detail~
shown on Attachment "A". Installation/improvement shall be subjec~
to the following conditions:
A) Construction dimensions, materials, color, and details of
the ~/~ ~ /~/~
shall be as specified on Attachment "A".
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 Development
Regulations.
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
Page
(ROW Use ~greement)
agreementat any time, providing notice as prescribed below. The
REQUESTOR agrees that upon receipt of notice of termination of this
agreement. that he will expedi.tiously 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 th[
CITY. o
SECTION 5. INDEMNIFICATION o
TO the fullest extent permitted by law, REQUESTOR agrees t~
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 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 State 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 THE CITY William A. Simmons, City Manager
CITY OF SANFOE
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR Warren E. Pickton
610 S. Laurel Aven~e
Ssnford, Plo~ids 32771
PaGe -3-
(ROW Use Agreement)
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~ O ~o
and run with the land. This document shall be recorded in the~ ? x~
official records of Seminole County. ~ ~
IN WITNESS WHERETO, the parties have made and executed thi~ -- ~o
agreement on the 'date first written above. ~) ~
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
BE SMITH, MAYOR
Print Name h 6~ Date :~/~J~4 ~ ~ 7//~&
As authorized for execution by
San.t~C .... at its
Meeting.
WITNESS:
Janet E. Gridley W~ F.. ~ ~n
Print Name Print Name
Date:~b~,~y pp, 199~
By:
(Requestor)
Print Name Print Name
Date:
Attachment:
06/01/95
(~eements) a:~eeamt~0w.use
Page -4-
(ROW Use Agreement)
FC~E,eCp, IF~TIOM: LOT 3~ RI OCK 9.7'IFR 9
~.R. FIeAFFOleO'S MAP OF THE TOWN Of 9tNFOt~D
~ ' CERTIFIED TO -
~LLE r
FIRST FEDERAL SAVINGS & LOAN CO.
AND
WAI~ACE D. & I~ARA L. McCALLRY
~1~
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wo~KsH.P ~ :' '* %.' ['.. 5, 'xFOR MICROFILMING
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~/.~_ ¢o~3'~''~ .'.;. . '::,.,/,
~ b. LOT
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~,, Note:· Re~ Co~r Me~.
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Lq ,.., . ) .... , I O' 8m Iron ..... ..
'..' .~.- '. ~. ' X--X Fenc~ '
:~ ' ) : 1 AnOl~ Bearings & DiSL as
cribed rope~-Y and ½he PIa~ hercon is q 7ccrrccf
ards as Go½ r~c~h bL/fhc Florida 6c~rd oP Land
pur~uan½ ~o c6~c½ion c~2.O~ Florida ~½afu~ee.
MR, ~MRS. ~Q.M'C4LLEY M ~WARD
BOUNpARY SURVEY ~aO HwW ~
~TE: g-/3~g6 SuzT~ 1 M'.ED~D
FIN& h .' .., ~' T~LE PHONe: 350 - 310 l
t~RYANNE ~OR~r~i SEMINOt. !!. :0UNTY, FL.
This Warranty 0.F'CIRCUIT ./.q~'i RECORD!:='
801852 9GFED-5
Made this 31st day of January A.D. 19 96
by
BARBARA L. McCALLEY, an unmarried person m
cD
hereinafter called the grantor, to r- r-
WARREN P I CKRON
DocumentarY Tax Pd, $
whose post office address is: $_ __Intangible Tax pdl"
705-C French Avenue r r , 1. Seminole
Grantees ' SSN: co .-) c~cD
hereinaftcr called the grantee:
heirs, legal rcprcscnlafivcs and assigns of individuals, and the successors and assigns of corporations) ,
Witnesseth, that the grantor, for and in consideration of the sum of $ 10 00
and other yahruble considcrafinn~. receipt whereof is hereby acknowledged, hereby grants,' bargains, sells, a'ffGns, rcmiscs;c
releases, conveys and confirms unto the grantcc. all that ccrtaia land situate in c~ ~ c,
SEMINOLE County, Florida, viz:
Lot 3 Block 8, Tier 8, E.R TRAFFORD'S idAP OF THE TOWN OF
SANFORD, according to the plat thereof on ~ile in the O~ice
the Clerk of the Circuit Court in and for Seminole CounLy,
Florida, recorded in Plat Book 1, Page 56 through 64; said lands
~..~i~c,_!, ,~zn~ ~.~ bej. it9 in Seminole County, Florida.
SUBJECT TO covenants, restrictions, easements of record and taxes for
the currenk year.
Par · 1 dentification Number: 25-19-30-5AG-0808-0030
'TFoget/l~er with all tile tenements, hercditaments and appurlcnanccs thereto be onging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants ~th said grantee that the grantor is lawfully seized of said land in fec simplc;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants
the title to said land and will defend the same against the lawfnl claims of all persons whomsoever; and that said land is
free of all encumbrances ~xccpt t~cs accruing subsequent to December 3 I, 19 95
In Witness ~ereoE, the said grantor has signed and scaled tl~csc presents the day and year first abovc"~
Aa BARBARA L. McCAL:~
~ ~ _. P.o. Box ~08 ~
ha A M. ~ CHER ~m~Ada ..... San~ord, FI. 5Z//Z
R
State of F1 orida
County of Seminole
The foregoing instrument was ackaowicdged before mc this ~day January, ' 9e
by BARBARA r.. McCALV.EY, an unmarried ~ . .o~of 19
who is personally known to mc or who has p. roduccd A FLORIDA DRIVER' S LiC~a~tit'ication.
C~3 PREPARED BY: LINDA K. GOINS
· ~ RECORD & RETURN TO:
200 ~es~ ~s~ SLree~
San~ord, Florida 3277~ : L~A K
~ ~ e ~o: 3822? -*-LKG/~K-*- Nota~ Publk.
My Commission Expires: 0~/24/2000
~y Co~ss~on ~0: GC )U4ZU~
5/93 ~. ~ J~uew 24, 2~
: '~RN'~AV q~J~:FIVI
March 4, 1996
~William A. Simmons, City Manager
City of Sanford
P. O. Box 1788
Sanford, Florida 32772-1788
Dear FLr. Simmons:
Enclosed is a signed Right-of Way Use Agreement, a Plat of
Survey and a copy of the Warranty Deed showing that I have
purchased the property at 610 S. Laurel Avenue, Ss~nford, FL.
I am requesting permission to continue the use of the existing
concrete parking area for residential purposes only.
I will keep this area free of any trash and will maintain any
grassy area that exists.
If you should have any questions regarding my request, please
call me at 322-2798.
Sincerely,
Warren E. Pickton
705-C S. French Avenue
Sanford, FL 32771