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 ' :~