1047-ROW Agrmt-Litton-2nd StI IIIHI III II IIIII HI II III I Ia II III lilllll Ill II III I IIIIIli
RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this 11th . day of April, 2005 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 Curtis R. and Sharon Litton whose Post
Office address is 1801 W. 2"d Street ,(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way 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 vadous 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 pdvate 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 immediately 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. RECITALS
The above recitals are true and correct and form a matedal part of this Agreement upon
which parties have relied.
SECTION 2. PURPOSE
The purpose of this Agreement is to document agreements and conditions thereto whereby
the CITY 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 1801 W. 2nd Street, Sanford,
Florida 32771, legal description: NE % Block 4, Tier 21, Town of Sanford, PB 1 PG 116.
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(ROW-USE-AGR-1801 W. 2nd Street)
The Agreement will allow the REQUESTOR to have a portion of an existing house
encroach approximately five (5) feet into Pome,qranite Avenue, a portion of the public right-of-
way as shown on Attachment "A" subject to the following conditions:
A)
B)
C)
D)
E)
The existing fence shall be removed from the right-of-way. If relocated onto the
property, it shall be constructed in compliance with the City of Sanford Land
Development Regulations (LDR);
All right-of-way damaged by vehicular use shall be restored by the owner;
In accordance with City requirements and permits, a driveway shall be improved
(i.e., asphalt or concrete) from edge of pavement of Pomegranite Avenue to the
relocated gate/fence that is in line with or attached to the rear comer of the house;
The authorized improvement shall in no way be extended or modified by the
REQUESTOR without prior written approval of the City.
REQUESTOR shall otherwise fully comply with all applicable portions of the City
Land Development Regulations.
SECTION 3. MAINTENANCE 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 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 its 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. TERMINATION
The CITY reserves the dght to unilaterally terminate this 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 land
to its previous condition. All restoration must be completed within thirty (30) days of receipt of the
termination notice from the CITY.
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(ROW-USE-AGR-1801 W. 2nd Street)
SECTION 5. INDEMNIFICATION
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, 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. 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:
FOR THE CITY
THE REQUESTOR
Al Grieshaber, Jr. City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
Curtis R. and Sharon Litton
1801 W. 2"d Street
Sanford, Florida 32771
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.
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(ROW-USE-AGR-1801 W. 2nd Street)
IN WITNESS WHERETO, the parties have made and executed this Agreement on the date
first written above.
ATTEST:
~ITY CLERK
Print Name
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
Lin~la Kuhn, MAY~R
Date: t lOS
As authorized for execution by Sanford City Commission
at its April 11, 2005 Regular Meeting.
Print Name
(Requester)
Print Name
Date: d-/LTL '~'C)~-
Print ~ame
(~questor)
Print Name
Pate:
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
~r The foregoing instrument was acknowledged before me this ~ day of
~ril ,20 O5 ,by~gtr~'~% ¢.. '+' ~.~hc,ro,~ ,4.
and
, who is/are personally known to me or has/have
produced FL I%f~6/.S L; ¢ ¢"~¢~, /~ as identificCCiorA^
~a~. M=yL~.. Not~ Pt~blic, S~te ~f Florida'
~;~. ~''.. ,,~.~ ~ ¢..~,,~ I~,~, ~14 ~..~r. ~.~u. 04. 20o~ C°~ssi°n N°-v
(Name bfNot~-y' Typed, Printed or Stamped)
Attachment: Survey received via fax on March 14, 2005
F:\SHA_ENG\Development Review\09-Property and ROW Use Agreements\ROW-USE-AGR-1801 W. 2nd Street,doc
(ROW-USE-AGR-1801 W. 2nd Street)
and 11 ~, of thc Public R{eard~ of,
Ca. lifted to:
~letton Dart..
WEST 2ND STREET
Survey numbe~: