877-Easment Agrmt-Kelley 3-21-3TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT is entered
into this ~.! ;lday of March, 2003, between EOGHAN N KELLEY, whose address is
1982 SR 44, New Smyrna Beach, Florida 32168, hereinafter referred to as GRANTOR,
and the CITY OF SANFORD, a municipality of the State of Florida, whose address is
300 North Park Avenue, Sanford, Florida 32771, hereinafter referred to as GRANTEE.
WITNESSETH:
FOR and in consideration of ONE AND NO/100 DOLLAR ($1.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, GRANTOR, do
hereby give, grant, bargain and release to the GRANTEE, a temporary easement to
enter upon the following lands of the GRANTOR, being described as follows:
Tax Parcel ID Numbers: 28-19-30-506-0000-0430
28-19-30-506-0000-037A
for the purpose of allowing the GRANTEE to construct a road (the St. Johns Parkway
Project) together with appurtenant drainage facilities on abutting property thereto and to
spread soils upon the said properties in accordance with an agreement between the
parties.
Grantee shall perform all work relating to the construction of St. Johns Parkway
in accordance with the approved plans for the same.
"Hazardous Materials" shall mean any material, substance or waste that is or
has the characteristic of being hazardous, toxic, ignitable, reactive or corrosive,
including, without limitation, petroleum or petroleum products and those materials,
substances and/or wastes, which are now or at any time regulated by any local
governmental authority, the State of Florida or any political subdivision therein or the
United States Government, including, but not limited to, substances defined as
"hazardous substances," "hazardous materials," "toxic substances" or "hazardous
wastes" in the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; the Hazardous Materials
Transportation Act, 49 U.$.C. Section 1801, et seq.; the Resource Conservation and
Recovery Act, 42 USC. Section 6901, et seq.
Grantee hereby agrees that Grantee, its employees, representatives, agents,
contractors, subcontractors, successors, assigns, tenants, sublessees, concessionaires
and invitees shall not use, generate, manufacture, refine, produce, process, store or
dispose of or allow the release or threatened release of, on, under or about the land
subject to this Easement (the "Construction Area") or transport to or from the
Construction Area in the future for the purpose of generating, manufacturing, refining,
producing, storing, handling, transferring, processing or transporting Hazardous
Materials If at any time during the term of this Easement or thereafter a release or
threatened release of Hazardous Materials shall occur in, on or about the Construction
Area, Grantee, at its expense, shall promptly and diligently remove such Hazardous
Materials from the Construction Area, or the groundwater underlying the construction
Area in accordance with the requirements of the applicable governmental laws, rules
and regulations. However, Grantee shall not take any required remedial action in
response to any such release or threatened release in, on or about the Construction
Area or enter into any settlement agreement, consent, decree or other compromise in
respect to any claims relating to any release or threatened release of Hazardous
Materials without first notifying Grantor of Grantee's intention to do so and affording
Grantor the opportunity to appear, intervene or otherwise appropriately assert and
protect Grantor's interest with respect thereto.
Each party hereto (for purposes of this Section, "Notifying Party") shall
immediately notify the other party (the "Notice Recipient") in writing of: (a) any
enforcement, clean-up, removal or other governmental or regulatory action instituted,
contemplated or threatened concerning the Construction Area pursuant to any
applicable laws, rules and regulations; (b) any claim made or threatened by any person
against the Notifying Party or the Construction Area relating to a release or threatened
release of Hazardous Materials on or about the Construction Area; and (c) any reports
made to any environmental agency arising therefrom.
These provisions relating to Hazardous Materials are specifically intended to and
shall survive the termination of this Construction Easement.
This document prepared by: Lonnie N. Groot, Esquire
Address:
Stenstrom, Mclntosh, Colbert, VVhigham & Simmons,
P.A.
200 West First Street
Post Office Box 4848
Sanford, FL 32772-4848
THIS EASEMENT shall expire upon the completion of the construction of the
said road project.
THIS EASEMENT shall not be recorded.
(Remainder of page left blank Inten~onally)
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IN WITNESS WHEREOF, the GRANTOR has hereunto set his hands and seals
the day and year first above written.
Signed, sealed and delivered /
in the presence of: ~.~.~ ~.,
Printed Name /
S TA TE OF FLORIDA
COUNTY OF SEMINOLE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to
administer oaths and take acknowledgments, personally appeared EOGHAN N.
KELLEY, who is personally known to me or who produced his Florida Driver's License
as identification and acknowledged before me that he executed the same.
'z4
WITNESS my hand and official seal in the County and State last aforesaid this
__ day of ,,~,~--,~ A.D. 2003.
"Notary'Public; State of Florida
(Affix Notarial Seal)
*~/~,My Commi~i0n CC7702R?
Printed Name
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