1031-ROW Agrmt/Good Samartian HIIIII II Iii Ii Iii II III II III II III II III II III II III II Iii ii iii Hill
blARYANNE )IDR~, CLER~ OF CIRCUIT COURT
DEHINOLE COUNTY
BK 05~.16 PGS 1562-1565
CLERK'S # 200"+126107
RECORDED 08t10/~004 O~J~Sgt39 AM
RECORDIN~ FEES 3§,§0
RECORDED BY t belden
RIGI'! T-OF-WAY USE AGREEMENT
This AgrCe~t c~terod into this/~)-~ day of ~_~ , 20~ by and between thc City o£ San-f'ord,. '~,,,~,
a Florida ManJcipal Corporation whos~ Post Office address is P. O. Box ] ?88, Sanford, Flofida 32??2-1785, (hereinafter . .'
called tho "CITY") and Ruby N. Daniels. Rceistercd Aacnt_ Thc Good Samaritan Homo of Sanford_ Fiorida whose Post
Office address is P.O. Box 845. Sanford. Florida 32772-0845 ,(hereinafter called the "REQUESTER").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street fights-of-way within the incorporated limits of the City of
Sanford; and
WHEREAS, these public fights-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, treatment, and disposal of stormwater; and
WHEREAS, 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 REQUESTER has requesl~:l authorization from the CITY to utilize and/or improve a portion
of the public fight-of-way immediately adjacent to his (proof of ownership/interest required) property for a specific private
purpose.
NOW THEREFORE, in consideration of thc premises herein the parties agree as follows:
SECTION 1. ~CITALS
Thc above recitals are trim and correct and form a material part of this Agretanent upon which parties have relied.
SECTION 2. PURPOSE
Thc purpose of this Agreement is to document agreements and conditions thereto whereby thc CITY will agree
to a fight-of-way usa/improvement by the REQUESTER of a portion of public fight-of-way contiguous to the
REQUESTOR's property located at thc following address 1704 West 9th Street, legal description: Lots 1.2.3. 6, 7 ~
8. and North ~ of vacated Ninth Street. Block 10. Tier 20. Seminale Park. Plat Book 2. Page 75. Seminole County.
Florida.
TheAgreemcnt will allow the REQUESTER to continue occupancy of existing building (known aa the Good
Page -1-
Samaritan Home of Sanford Floridal that is in place over and within the 14 foot wide east-west alley between
l~0me~ranite Av. enue and Mulberry Avenue as shown on Exhibit "A".
SECTION 3. MAINTENANCE RESPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be responsible for perpetual maintenance of any property
covered by this Agreement.
SECTION 4. ~
The CITY reserves the fight to unilaterally terminate this Agreement at any time, providing notice as prescribed
below.
SECTION 5. I~
To the fullest extent permitted by law, REQUESTOR agrees to defend, indemnify, and hold harmless the City,
its councilpersons, agents, servantsl or employees (appointed, elected, or hired) from and against any and ail liabilities,
claims, penaities, ~lemands, suits, judgments, 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 right-of-way.
SECTION 6. ~
Any notices required or perrmtted 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 ns shall have been
specified by written notice to the other party delivered in accordance herewith:
FOR THE CITY
Al C-rieshaber. Jr.. City Manager
(~ITY OF SANFORD
P. O. Box 1788
~;anford. Florida 32772-1788
FOR THE REQUESTOR
SECTION 7.
lguby N~ Daniels. Registered Agent
The Good Samaritan Home of Sanford Florida
1704 W. 9th. Street
Sanford. Florida 32771
This Agreement shail take effect upon the date that it is executed by both parties hereto.
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SECTION 8. ~
The agreements contamed in this document shall be perpetual and nm with the land. This document
shall be recorded in thc Official Records of Seminole County.
NttFO ;'~ . · ·
H . .. ~ V~I~TNESS WHERETO, the parties have made and cxecuted this Agreement on the date first written above.
~ ' .~ THE
~' '.. I, CITY OF SANFORD, FLORIDA
~, ;. : .y ~lc~pal Corporatton
'"' ?(~ ~.~,~? ~~ By:
~ IJ I. ~- ~I.~CLERK {_~ ~' BRADY LF~SAI~), MAYOR
Prim Nam~ -J / /
As~a~ four execution by Sanford City Commission at its
,20fi. fi_ Regular Meeting.
WITNESS:
The Good Samaritan Home of Sanford, Florida
(Requestor)
Date: q)/IO/O~
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instmment was acknowlodged before me this ~ot~ dayof ~,x~ .2004,
by ]~lh.y.J~L..l~lir~ as Re~stered Agent for The Good Samaritan Home of Sanford_ Florida_ who is/are personally known
to me or has/have produced ~l ~ ~, e~ o, ~· :~, ~ ~ ~-; · t, ~ ~ as identification.
~:~71~-blic, State of l(lorida
Commission No.
(Name of Notary Typed, Printed or Stumped)
Attachment: Exhibit "A"
~-'~B ENJAMIN NElL CRAWFORD
~ ~ Notary Public, State of F~orida
'~. I My corem expires June 27, 2006
~ No DD 29436
Bonded thru Ashton Agency, lac (800),~514854
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