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903-Indian Trace Apts Prop Use PROPERffUSEAGREEMENT 2001 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 "CITY") and IndianTPaceApa~me~sLC whose Post Office address is 1399SR ~3~We~,Langwaad, Flarida, 32750, (hereinafter called the "RE~ESTOR'). WITNESSETH: WHEREAS, the CITY is the owner of certain real property within the incorporated limits of the City of Sanford; and WHEREAS, these properties are held by the CITY for the benefit and general use of the public for functions including, but not limited to, installation and maintenance of various public utilities (PDtableWaterPublicWel~ield), and for conveyance, treatment, and disposal of stormwater; and WHEREAS, it is City policy to preserve the utility of these properties for the above stated purposes; and WHEREAS, written authorization is required for any private use of public lands; and WHEREAS, the REQUESTeR has requested authorization from the CITY to utilize and/or improve a portion of the public land immediately adjacent to his property for the specific private purpose of accesst0theSeminoleTraceApa~mentPlannedDevelopme~romthei~ePse~i0nDf Oregon Avenue and Lewe Avenue. NOW THEREFORE, in consideration of the premises herein parties a~ree as fellows: · BOOK : PAGE 081 1732 The purpose of this Agreement is to document ~reements and SEMINOL~CO. FL. conditions thereto whereby the CITY will agree to a property use/improvement by the REQUESTOR of a portion of the public land contiguous to the REQUESTOR'S property located at the following address: 2450DregonAvenue, Sa~ord, Florida327~, legal description: SeeExhibR"N'. The Agreement will allow the REQUESTOR to install apavedr0adwRhi. a small potion ~ said Potable Water Public Wel~eld (aka Derby Par~ on a potion ~the public land in accordance w~hd.ailsshownonExhib~"B'. Installation/improvement shall be subject to the following conditions: A) Construction dimensions, materials, spec~icatinnsanddetailsofthe paved road shall be as spec~ied an 5hib~ 'B'. 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. MAI~EN~CE RESPONSIBILITIES The REQUESTOR, and his successors and assigns, shall be responsible for perpetual maintenance of the area and improvements installed under this Agreement. This shall include maintenance of the improvement and any unpaved portion of right- of-way adjacent thereto. If the REQUESTOR does not continuously maintain the improvement and area in accordance with previously stated 081 1733 SECTION 4. INDEMNIRCA~ON SEMINOLE CO. FL. To the fullest extent permitted by law, REQUESTOR agrees to 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, ~udgements, 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 land. SECTION 5. NOTICES Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited in the United States 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: ~RTHECI~ Tony VanderworD, City Manaqer CITY OF SANFORD P. O. Box 1788 Sanford, Florida 32772-1788 FOR THE REmlESTOR /~,~4r_,,/['l~t,,iu~l (name) " BOOK, , PAGE 6081 BECTIONB. EECTIVEDATE $EMINOLECO. FL. This Agreement shall take effect upon the date that it is executed by both parties hereto. SEC DNT. RECDRD IDN 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 Agreement on ~e date first written above. / %...., .... ~.= :., ..I THE CITY OE S2LNFORD, FLORIDA a ~anlcipal Corporation - By: ITY CLER RD, MAYOR As authorized for execution by Meeti/n~. , 2001 Regular ~081 1735 SEMINOLE CO. FL. WITNESS: Print Na~e Print Name Print Name Print Name STATE DF FLORIDA ) COUNTY OF SEMINDI.E ) a F , 2oc~ , by F~.~afd ~ ~ , . tOJ~ Or has/have produced as identification. f Florida Commission - .,~.,~;~__ ', (Name of Notary Typed, Printed or Stamped) Attachments: Exhibit "A" Exhibit "B" SKETCH OF DESCRIPTION LEGAL DESCRIPTION PROPERTY USE AGREEMENT: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33, TOWNSHIP 19 SOUTH, RANGE 30 EAST, RUN N 01'07'46" W ALONG THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 2655.88 FEET; THENCE RUN S 89'42'54" E A DISTANCE OF 741.90 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH OREGON AVENUE (on unrecorded right-of-woy); THENCE LEAVING SAID RIGHT OF WAY LINE RUN S 89'42'21" E A DISTANCE OF 10.00 FEET (soid point lying 70.00 feet eest of the existing west right-of-woy line of South Oregon Avenue os now Ioid out) TO THE POINT OF BEGIN'INNG; THENCE N 00'50'06" W, 39.07 FEET; THENCE S89'42'21" E A DISTANCE OF 57.67 FEET; THENCE S71'36'24" E A DISTANCE OF 65.00 FEET; THENCE S58'40'22"E, 36.56 FEET; THENCE N 89'42'21" W A DISTANCE OF 150.01 FEET TO THE POINT OF BEGINNING. CONTAINING 0.099 ACRES +. SHEET I OF 2 reg~qfity Unmat~fa~{~ry For ~-qi::':.', SURVEYOR'S NOTES: SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIP~ON SKETCH OF DESCRIPTION  N OR TH .- NO SCALE 3i 2 "~o"i SEMINOLE TRACE DERBY PARK CITY OF SANFORD ~ ~ ~ ~9.07' ~ ~ SOUTH OREGON A~NUE SURVEYOR'S NOTES: ,~ I.) rills IS NOr A BOUNDARY *~ SURVEY O~ 2.) BEARINC SFRUCTURE BASED ON: THE WE~T UNE O~ OF SECTION 33-19-30 AS BE#NC N 0~'07'4S' W. POINT OF COMMENCEMENT ASSUMED. 3.) NOT VALID UNLESS SOUTHIt~ST CORN~ SECTION 33-19-30 EMBOSSED WITH THE SEAL OF THE FLORIDA REGISTERED LAND SURVEYOR SHOWN BELOW. ASSUMED. ,/ N 01'07'46" W 2655.88' SHEET 2 OF 2 ~sr uN~ o~ SEcnON 33-~e-30 SEE SHEET 7 OF 2 ' :~