988-R-O-W Use Ager-McBrideIIIIIII!1 II lB II I I I II Ill Il El IBIIIIIIi
BK 0~958 PG 1184
CLERK'S # ~003139~0~
RIGHT OF WAY USE AGREEMENT
THIS AGREEMENT is entered by and between FRANCOISE AGER AND PATRICK
MCBRIDE (hereinafter the "Owner"), and the CITY OF SANFORD, FLORIDA, a political
subdivision of the State of Florida (hereinafter the "City") as of this _~-/kday of C~.._~ , 2003.
RECITALS:
WHEREAS, Owner owns that certain parcel of real property (hereinafter, the "Property")
located in the City, as more particularly described in Exhibit "A" attached hereto and by this
reference made a part hereof, located at 1702 S. Magnolia Avenue, Sanford FL 32771; and
WHEREAS, the 1908 Revised Plat of Markham Park Heights, City of Sanford, copy
attached as Exhibit "B," which established the lots in this area of the City including the Owner's
lots, also grants to the City fee ownership of certain rights of way, some 'of which are designated
as "alleys" on the Plat; and
WHEREAS, as shown on the Plat, there exists a platted ten (10) foot (plus or minus)
wide alley adjacent to the south boundary of Owner's Property, as shown on the survey attached
hereto as Exhibit "C," (hereinafter the "Alley") and
WHEREAS, the Owner's predecessors in title constructed certain improvements within
the boundaries of this Alley, including a driveway, carport, aud garage; and
WHEREAS the City and the Owners recognize and agree that these type of residential-
use improvements do not interfere with any use planned or now being made of the Alley by the
City.
NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions
set forth herein, the parties agree as follows:
I. RECITALS. The foregoing Recitals are true and form a material part of this
Agreement.
2. RIGHT-OF-WAY UTILIZATION PERMIT. City hereby issues a Permit to Owner,
incorporating and implementing the terms of this Agreement. Nothing contained herein or by
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JRtJRight of Way Use Agreement
FILE NUN ~003139602
OR BOOK 04958 PAGE 1185
virtue of the issuance of this Permit shall give or grant the Owner any ownership rights to any
portion of the Alley owned by the City.
3. IMPROVEMENTS. The Owner may keep, maintain and improve the facilities
and structures which are currently located within the Alley, including any which are non-
conforming under the City's current Land Use Regulations. The Owner may in the future install
additional improvements in the Alley, so long as all such improvements are legally conforming
to the City's then-applicable zoning codes, and that all applicable permits for construction,
installation and operation of such improvements are obtained and complied with. All such
improvements shall be installed or maintained at Owner's sole cost and expense.
4. INDEMNIFICATION. To the fullest extent permitted by law, Owner shall
indemnify and hold harmless City from and against all claims, damages, losses, and expenses,
including reasonable attorney's fees and costs, arising out of, or resulting from, the performance
of this Agreement including the maintenance, construction, installation of improvements or other
proper use within the Alley, except as may be due to the negligence of the City or other
governmental body.
5. RECORDING. It is intended that this Agreement shall be recorded in the Public
Records of Seminole County, Florida. Upon execution of this Agreement, Owner agrees to pay
to City an amount equal to the applicable cost of recording this Agreement in the Public Records
of Seminole County, Florida.
6. COVENANTS RUNNING WITH THE LAND. It is intended that the provisions
of this Agreement shall constitute covenants running with the land or any equitable servitude
upon the land, as the case may be, applicable to all of the Property and the Alley described herein
or any portion thereofi It is further intended that this Agreement shall be binding on all parties
having any right, title, or interest in the Property and thc Alley described herein or any portion
thereof, their heirs, personal representatives, successors, and assigns. The Owner and the City
declare that the Propcrty and Alley described in this Agreement and any portion thereof shall be
held, sold, and conveyed subject to the provisions of this Agreement. This Agreement shall
inure to the benefit of and be enforceable by the City, its respective legal representatives,
successors, and assigns.
7. DURATION. The provisions, restrictions, and covenants of this Agreement shall
run with and bind the land in perpetuity, unless sooner vacated by mutual agreement of the
Owner and the City.
8. AMENDMENT. The provisions, reslrictions, and covenants of this Agreement
shall not be modified or amended except in a written instrument approved by a majority of the
City Council and Owner. No such modification or amendment shall be effective until said
written instrument has been signed, acknowledged, and recorded in the Public Records of
Seminole County, Florida.
9. COMPLIANCE APPLICABLE LAWS. Owner and City shall comply with all
applicable state laws and City ordinances.
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JRlJRighl of Way Usc Aglecmcnl
FILE NUM 2003139602
OR BOOK 04958 P~GE
10. DISCLAIMER OF CITY RESPONSIBILITY. Nothing contained herein shall
create any obligation on the part of the City to maintain or participate in the maintenance of the
Improvements. Nothing herein shall obligate the City to grant any particular land use or building
or other permit application, such to be granted or denied in accordance only with the City's then-
applicable regulations and ordinances.
' 11. EFFECTIVE DATE. This Agreement shall take effect upon being recorded in the
Public Records of Seminole County, Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
executed as of the day and date first above written.
ACKNOWLEDGMENT BY OWNER
Francoise .4~ge r
Date: ~// gO ~ // :::)~o"~
Patrick McBride / /
STATE OF FLORIDA
COUNTY OF .SEMINOLE
Personally appeared before me, the undemigned authority Francoise Ager and Patrick
McBride. . Th'~x~. ~u~ p~mall~ to m~ ar have produced
[~lOfi~l~ DFII[['( Mfd~bdd~' .~,, as identification and did/did not
take an oath. Witness my hand and official seal this ~gq. Jq. day of~Jl~/~ ,2003.
(Affix Notarial S~....~. D
Rachel K. Carnicelli
MY COMMISSION t~ CC899537 EXPIRES
January 3, 2004
BONDED THRU TROY FAIN INSURANCE INC
Notary Public Rach t Carmcelli
Print Name: -
My Commission Expires~q~A/[4
ACKNOWLEDGMENT BY CITY
aX.
ATgEST9
Titl~ ~ 'a
JRlJRight of Way Use Agrcemcnl
CITY OF SANFORD, FLORIDA
By:~~
Date: ~k.,~6'/&.P~ 6; 'o9 Z9~3
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NOT_r, 5:
The ~treeT address of the a~)ove descr, med ~roperty is 1702 MA6NOLiA AVENUE.
FRM~COIS~ N. AGER & ;~A~R~I( F~: M~BRi'DE
SOUTH ~ OF I~OT:$ 4 and 5~. iB[OcK.D~ MARKHAM 'HEIGHTS ~ARKj a=~cord~ng =o the PLat she~eo as
reco~dea ~n:Pl~t Bbok l~.page' 78, of th~ PUbti~ Re~or~s Of semi~[~ Cuu'nty~
- ' NOTES:
The **~eet aaoress of the above desc,-mec oroperty is 1702 MAGNOLIA AVENUE,