560-Langley 11/10/94
RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this g~ da~
of 199fby and between the City of Sanfor &o
,_ --
Florida'Municipal Corporation whose address is 300 North ~rk
Avenue, Sanford, Florida 32771, (hereinafter called the "CITY")~n~D
William F. and Mary E. Langley F ~
(hereinafter called the "REQUESTOR" ).
WITNESSETH:
WHEREAS, the CI~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, trea~ent, 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
i~ediately 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. ~CITALS
The above recitals are true and correct in form and material
part of this agreement upon which parties have relied.
SECTION 2. P~POSE
The purpose of this agreement is to doc~ent 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 2036 Jefferson Avenue ,
legal description: Lots 25 and 26, south ]/2 ~f alley adjacent on
north and northerly 1/2 of alley adjacent on ~o~,th, Block 9,
Bel Air, Plat Book 3 Page 79 of the Public Record~ of Seminole~n-~O
county, Florida.
The agreement will allow the REQUESTOR to retain/install
a white picket fence
on a portion of the public right-of-way in accordance with deta'~s
shown on Attachment "A". Installation/improvement shall be subject
to the following conditions:
A) Construction dimensions, materials, color, and details of
the fence shall be as specified on Attac~ent
B) The authorized improvement shall in no way be extended or
modified by the REQUESTOR without prior written approval
of the City.
C) ~QUESTOR shall otherwise fully Comply with all
applicable portions of the City Land Development
Regulations.
SECTION 3. ~I~CE 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 ofright-of-way adjacent thereto.
REQUESTOR may, with written City authorization, remove the 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 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. TE~INATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(ROW Use Agre~ent)
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 t~e
installation/improvement and return the right-of-way to i=~
previous condition. All restoration must be completed wlthmm
thirty (30) days of receipt of the termination notice from tFe
CITY.
SECTION 5. INDEMNIFICATION
The REQUESTOR shall fully indemnify the City from any Claims
which may result from the installation/improvement placed in the
right-of-way by the REQUESTOR pursuant to this agreement.
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 SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR William F. and Mary E. Langley
2036 Jefferson 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. RECONDATION
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
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(ROW Use Agreement)
agreement on the date first written above.
m Do o"~
h~]' BE YE D. SMITH, ~YOR
As authorized for execution by
Sanford City Co~ission at its
J7~/~' , ~4 Regular
Meeting.
(Agreements) a:\agreemt\ROW.use 11/10/94
Page -4-
(ROW Use Agreement)
chain link fence
(typical)
~. prope~y line /~i!~!I~ ~white picket fence
\\ * /
~ ~da~d /
-- \ \~ ' ' 16' encroachment /
\ .....curb and gutter
JEFFERSON AVENUE
~ ~ 60' R/W
SO~03]~ ~VIOIJJO