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583-Riley ~ AL RECORDS ~ ~- · PAGE i -o -wAy HSE 3 O 0 8=12 5 3 This agreement entered into this/L/~ dayof SEHINOLEC0. FL, /~a~ , 19~'by and between the City Of Sanford, a Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida 32772-1788, (hereinafter called the "c~y"l and LUam~ U ~ U,aa~. r~,~ (hereinafter called the "REQUESTOR"). WI~NESSETH: ~EAS, the CI~is the owner of certain street rights-of-way within the incorporated limits of the City of Sanford; and ~E~AS, these p~lic rights-of-way are held by the CI~ for ~he benefit and general use of the p~lic for functions including, but not limited to, vehicular and pedestrian travel and land access, and installation and maintenance of various public ~tilities, and for conveyance, treatment, and disposal of WHEREAS, it is City policy to preserve the utility of these public rights-of-way for the above stated purposes; and ~E~AS, written authorization is required for any private use of public lands; and ~E~AS, the REQUES~R has re~ested authorization from.the CI~to utilize and/or improve a portion of the p~lic right-of-way i~ediately adjacent to his (proof of ownership/interest retired) property for a specific private purpose. NOW THE~FO~, in consideration of the premises herein the parties agree as follows: SE~ION 1. ~CIT~S part of this agreement upon which parties have relied. SECTION 2. P~SE The purpose ,of this agreement is to doc~ent agreements and conditions thereto whereby the CI~ will agree to a right-of-way ~e/~provement by the REQ~STOR of a portion of public right-of- way conti~ous to the MQUESTOR's property located at the following ~' 4673228629 POWELL OFF SUPLY 1~/21/95 le:~S P"OFFICIAL RECORDS BOOK PAGE . 3008, aadres, 7-. Ave SEMINOLEC0. FL. ...... T~e agreement will all~ the ~UESTOR to install ~N~ on a ~rtton of the p~lic right-of-way in accordance with details Mh~n on ArtacCent "A". Installation/~rovMent shall~s~Ject to the foll~ing conditions: A) Construction dimensions, materials, color, and details of shall be as specified ca Att~c~ent "A". B) The authorized improvement shall in no way be extended or modified ~y the EQ~ES~R without prior Written approval of the City, c] REQUES~R sMll othe~ise fully u~ly with all applio~le portions of the City ~a~d Development .. Regulations. The ~QUES~R, and hia successors and assi~s, shall be respons~le for perpetual mintenance of the i~rov~ent installed ~der this agre~ent. ~is shall include maintenance of the ~rovement and unpaved portion of Ti~t-of-wa~ adjacent thereto. REQUES~R may, with written City authorisation, reove said lnstalla=~on/mprov~en~ =~lly restoring the right-of-way to its previous condition. If the R~UES~OR ~oes not continuously maintain the improvement and area in accordance with previously stated criteria, or completely restore the right-of-way to its previou8 condition, the CI~ shall, after ~propriate notiee, restore ~e area to its ~revio~s condition at the ~UESTOR'S ex~nse and, if necessary, file · lien on the ~UES~R's ~roperty to recover costs restoration. ~e CI~ rescues the right to unilaterally terminate '{~4673228629 POWELL OFF SUPLY 1~21/95 16:14 PC3, OFFICIAL RECORDS BOOK ' PAGE 3008= 1255 agreement at any time, providing notins is ~rescribe~ heZow. The SEMINOLE C0. FL. REQUESTeR agrees that upon reueipt of notice of termination of this agreement that he will expediti0uely remove the inatallat~onZin~rovement and return the right-of-way to its previous oondition. All restoration must be oon~leted within thir=y (30) days o[ reoeipt of the termination notice from the CITY- SECTION 5. INDemNIFICATION To the fulleat extent permitted by law, REQUESTeR agrees to ae~end~ indemnify, and hold harmle~ the City, its councilpersons, and against an[ and all liabilities, claims, penalties~ demands, suits, Ju~gements, losses, expenses, damages (d~rec~, indirect or nonseqUential), or l~Jury of any nature whatsoever to person or property, and the nests ~nd expenses l~ciden~ thereto (i~cluding and including an appeal), r~sulting in an~ fashion Item or arisin~ directly or indi=ectly out of or connected with ~he ~se of the City~s right-of-way. ~CTION 6. N~TICES A~y notices required or permitted hereunder shall he in writin~ ana shall be deemed properly made when deposited in the United State mail, ~ostage paid, and addressed as set forth heroin, or at such other addrosa as shall have been speoi~ied b~ written notice to the other psrty ~elivered in aceethanes herewith: FOR TH~ ~IT~ Willi~n A. Simmons, City Manager Sanford, Florida 32772-1788 ,'. ff 4e732~8629 PO~LI, OFF SUPLY li/21~95 OEEIC~AL REC RDS ~ · ~ E 3008'12'56 ~s ~greement sh~11 take effect u~on the date ~hat it executed by ~th parties hereto. ~TI~ 8. ~CO~A~ The agre~ents contained in this doc~ent shall be perpetual and run with the land. ~hls doc~ent ehall official record~ of s~inole IN WI~SS ~E~, ~he par~ie~ have made ~d executed th~s agre~ent on the date first written ,/ . ,.:~. ~ THE CI~ OF S~F~, ~ORIDA ' ~rint, ,N~e ~ Date As authorized for execution by saJ]ord,~2~y demiseion ~rint N~e Print N~e Print N~e ~ri~t Date: Attac~ent 06/01/95 Page -4- (9off l~le ~greement) Vacant Proper~y Proposed Mulch w/RR ties to mark - · ~' the area for parking '~ .-- I ---% Deliveny 1 ~ Farking8 ~ 1 B~ ~rick =,::~= ~,,v i':,,,~..."Leasedm ~....===....~ ~ ........... =~;~ ~a;',i~ ......' ....' ' ' """ Gra55 '.. '. ". ". HC '~.. A~ .. ~.: ..:~.~: '= ~... ~, 7~.. ...... ~isti~8 con~e ' ~;~; .~'. '.. ~., '.~.~,.e .~'.../~.... ~ (~.) 3rd Street ~W USE AGREEMENT REQUEST AREA FOR PARKING Alternate # 1 Eng. & Plan.222 Magnolia Avenue Deparr, mentR/W Use Agreement RequestNovember 1995 MEMORANDUM ...... November 27, 1995 TO: City Manager SUBJECT: Right-of-Way Use Request 222 Magnolia Avenue Parking at this location has been historically used for that purpose. Originally this location was an ice cream shop. Then it was an automotive shop and machine shop. Years later it had other uses, but all of them used the parking as it originally existed. Alternate #I Due to the lease area of the building, 8parking spaces wouM be required, subject to the spaces and the Handicap space being revised to current standards, including signage, striping and bumper blocks indicated on the attached sketch. Alternate #2 Given this type of business, customer parking demand is low. Therefore City staff considered allowing a limited use of parking as indicated on the alternate sketch. Based on historical use for parking, recommend Alternate #1 be approved for the Right-of-Way Use Agreement subject to the sketch. cc: Russ Gibson parc 25-19-30-5A6-0403-0040 CURRENT 96 date 11/30/95 name RILEY JAMES L & LINDA I jval land $29,250 add1 agrc add2 1288 ALABAMA DRIVE extra feat csz WINTER PARK, FL 32789 bldg $30,660 pad MA6NOLIA AVE S cost value income nbhd 1.00 act R own X total just value $59,910 td dor flg -- pre/late .... exemptions -- exmp-amt yr tax due S3 11 0 1900 $1,382.25 e&i O NOTE:OEANS THRIFT SHOP LEGAL LEG LOTS 4 + 5 BLK 4 TR 3 TOWN OF SANFORD PB I PG 58 SALES SQ WD 01/84 01520 0767 $55,000 I land 11 12102186 bldg 66 12117190 chg JOH 11102195 Note,Leg,Sale,Bld/landlxf,Prmt,AmdlO,Comm,Hist,Other Roll,Fwd,Main Menu,EEXIT] Count: ,0 <Replace>