577-Bauman,,. , MARYANNE MORSE SEHINOLE COUNTY, ~L~. C,- 5 7"'7
· - ' ' CLERK OF CIRCUIT CO~X'~;" RECORDE~ ~ VE'RIFL. i'~
" 76001 I 9S0CT AHn:32
RIGZ.'Fr-OF-WAY rJS'm. AGZ~E~
This agreement entered into this /~ day of
Florida Municipal Corporation whose Post Office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
"CITY")and Barbara Bauman
whose Post Office address is i~
(hereinafter called the "REQUESTOR"). o
WITNESSETH: ~
WHEREAS, the CITY is the owner of certain street rights-of~a
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 l. 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 1019 Magnolia Avenue South ,
legal description: S 1/2 of Lot 9 + all of Lot 10, Block 12, Tr 2,
Town of Sanford, PB 1, Page 59.
The agreement will allow the REQUESTOR to install fence
on a portion of the public right-of-way in accordance with deta~s_~
shown on Attac~ent "A" Installation/improvement shall be subj~t -
to the following conditions:
A) Construction dimensions, materials color, and details~f~
the fence
shall be as specified on Attac~ent "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. ~I~CE MSPONSIBILITIES
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. TE~INATION
The CITY reserves the right to unitaterally terminate this
Page -2-
(ROW Use ag~e~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 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. m
SECTION 5 iNDEMNIFICATION z
To the fullest extent permitted by law, REQUESTOR agrees ~
defend, indemnify, and hold harmless the City, its councilperson~
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. N~ICES
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 Barbara R. Bauman
1019 Magnolia Avenue South
Sanford FL 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
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 ~is-4 c~
agreement on ~he'date first written above.
A ; ~.~ THE~t~TY S~FO~, FLORIDA
~ ~; ~,"~5 '~a Malcipal Corporation
DeD~tyCITY CLERK '.' ,~ ~'" = MAYOR
Print Name
As authorized for execution by
Sanford City Commission at its
Meeting.
WITNESS: By: ~
~'~'~d~/V Reques or )
Date:
By:
(Requestor)
Print Name Print Name
Date:
Attachment
06/01/95
(Ageements) a:\agreemnt\ROW.use
Page -4-
(ROW Use Agreement)
~ES.
GAUGE
~ lina ...
PROPOSED ·
PRIVA~ STOCKADE
~ FENCE ~ ..... ~ ~s'+/-
Eleventh Street .~a 66' ~W
~REQUEST I I ~ ~I~'~ SANFORD
FOR FENCING 1019 MAGNOLIA AVENUE ~ ~G/AN DE~.
PL