877-Easement Agrmt-HartsockTEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT is entered
into this ,~'~ day of April, 2003, between HAROLD G. HARTSOCK, TRUSTEE,
SEMINOLE FARMS TRUST IV, whose address is Post Office Box 1449, Sanford,
Florida, 32772, 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: 28-19-30-506-0000-039B
28-19-30-506-0000-0420
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
~arties.
Grantee shall perform all work relating to the construction of St. Johns Parkway
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 US.C. Section 9601, et seq.; the Hazardous Materials
Transportation Act, 49 US.C. Section 1801, et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. 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.
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
Stenstrom, Mclntosh, Colbert, Whigham & Simmons,
Address: 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 Intentionally)
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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:
WITNESSES:
Signature
Printed Name
GRANTOR
Signature
SEMINOLE FARMS TRUST IV
STATE 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 HAROLD G.
HARTSOCK, TRUSTEE, SEMINOLE FARMS TRUST IV, who is I~T.~I3L.~
me or who produced his Flodda Driver's License as identification and acknowledged
before me that he executed the same.
WITNESS my hand and official seal in the County and State last aforesaid this
Nolaff PtfoIIc, SI. ~ Fler~ I~t~lry PI~:)~c; State of Florida
(Affix Notarial Seal) I~ a~m. mo. I~. 15, 20~
Printed Name
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