540-Cardell li/iS/9~
RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this day
of~~2~t/ , 1994 by and between the City of Sanford, a
Florida Municipal Corporation whose address is 300 North Park
Avenue, Sanford, Florida 32771, (hereinafter called the "CITY") and
SCOTT A. and KAREN L. CARDELL~
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-wa[
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
~EREAS, 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. ~CIT~S
The above recitals are true and correct in form and material
part of this agreement upon which parties have relied.
SECTION 2. P~OSE
The purpose of this agreement is to doc~ent agreements and
conditions thereto whereby the CI~ 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 104 WAX MYRTLE DRIVE ,
legal description: Lot 50, Hidden Lake Phase 3, Unit 4 as
recorded in Plat Book 28, Pages 1 and 2
The agreement will allow the REQUESTOR to install a stabilized
parking area for one (1) vehicle
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subject
to the following conditions: ~
A) Construction dimensions, materials, color, and details
the stabilized parking area o
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 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 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 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
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 t~ co ~o
United State mail, postage paid, and addressed as set forth herei~ ~
or at such other address as shall have been specified by writt~ m
notice to the other party delivered in accordance herewith: ~ CO ~
FOR THE CITY William A. Simmons, CitV Manager.
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR Scott A. and Karen L. Cardell
104 Wax Myrtle Drive
Sanford, Florida 32773
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 this
Page -3-
(ROW Use Agreement)
agreement on the date first written above.
~.. THE CITY OF SANFORD, FLORIDA
;i~2? ~ a Municipal Corporation
ATTE~] '! ' -
D. SMITH, MAYOR
~.~.~ >~_, ~; As authorized for execution by
~, .~ ~ ~= Sanford City Co~ission at its
~y ~ ~~~ ~ , 1994 Regular
Meeting.
WITNESS:
( REQUESTOR )
Date:
Attac~ent
(Agreements) a:\agreemnt\ROW.use 11/15/94
Page '4-
(ROW Use Agreement)
A T T A C H M E N T "A"
( 106 Wax Myrtle Drive )
Stabilized Parking
The REQUESTOR shall install stabilization generally in accordance
with the following criteria:
1) Check soil for percolation.
2) Stabilize subgrade to a minimum 50 FBV.
3) Provide fabric bedding material (typar, or alternative)
approved by City,
4) Plan for some type of geotechnical containment system to be
used or other type of bedding to be approved by City.
5) Type of backfill to be used, sand and grass, gravel, to be
approved by City.
6) Type of edge support to be used, treated lumber, landscape
timbers, etc. Edge support to be flush with natural ground
and shall not change the previously existing drainage flow
line across the stabilized area. Attached sketch shows
examples of agc~ptable alternatives.
7) Comply with applicable provisions of City's Land Development
Regulations.
8) Attached sketch on lot plat.
Attachment
( Agreements ) a: \agreemnt\ROW-use, a~%
"PROPOSF~D"
RIGHT-OF-WAY IMPROVEMENT
FOR PARKING
Pavement Clean Fill with Geoweb Grid (to be grassed)
Filter Fabric (typar, etc.'
..... '~" ~ ~ ~"~"~'~'~
~ landscape timbers
Stabilized Subgrade ( 50 FBV)
ALTERNATE # 1
Pavement Gravel w~th Geoweb Grid ~S~i~ ~ ~
............ to be treated ~u~mber or
7 Stabilized Subgrade ( 50 FI~/Iscape timbers
ALTERNATE # 2