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Home My WebLink AboutEASEMENT6 �_� * Doc Aasump(�)0,00 PREPARED SY an RETDRN T07 ' Dec Tax - : $ 70.0 • Int Tax : 9 0.0 Roger N.. Pomeranca, P.A. ' 1900 Corporate Boulevard N.W. Suite 201A, East Building Boca Raton, Florida 33431 master __ ....�r . ., L aayucr aving a mailing a dress 0t 1 995 13thA nu , c , Ne Yo 11431 for themsel s and f ure ere o the Props t and their respective irs rso esen , succee , signs and transferee", (collectively "Grantor") do hereby grant to CHEVRON U.B.A. INC., a Pennsylvania corporation, having a mailing address of P.O. Box 1706, Atlanta, Georgia 303.01 and any of its affiliates, succeseors-or assigns and its and' their. respective employees, agents, servants, contractors and subcontractors (collectively "Grantee") an exclusive easement consisting of the right to enter upon that ertain p rc of re prVithereto Tad, #52052 situate n St. c Coun y Ste. more particul r y des0r1 d o Exhi 1 such, made a 'pa t ! to t at 60 Lucie, Florida ("Property") in order to undertake and perform corrective work with respect to certain environmental contamination on, over or under the Property. The Grantee has simultaneously herewith conveyed the Property to Grantor. This Easement is granted pursuant to that certain Purchase and Salo Agreement, dated November 29, 1995, between Grantee and Grantor (the "Agreement") to a Ea9E,MIiT -continued- which expreas reference is hereby made with the terms and conditions of_ the Agreement, to the extent applicable, being incorporated herein by this reference. The corrective work to be performed by Grantee hereunder, is to be in accordance with and subject o, a d o t one P Rhe�g n i t extent son lica 1 and th follow, a to d cond t o of this 1. In the event Grantee elects, as it has a right to do, under the Agreement, to participate in a state administered restoration program, if available relative to the Property, this . Easement shall serve to give the applicable governmental authority and its employees, agents, servants, contractors and subcontractors the same right of access to the'Property as herein granted to Grantee, an urther'in ch event rantes shall have the right 'to tran a to c p ca a ova r ty, i whole or in par , its owns a. ip in n w 11 d equi on and other persona opert w c hav an n talled at or p aced on the Property a to is 2. This Easement specifically includes, but is not limited to, Granteels right to: (a) install, use, monitor and ultimately remove of abandon in place soil borings and obcarvation wells; (b) construct, maintain and ultimately remove' or abandon in place 2 -Lt{) r f � F) r i )'l 1) �2 e D OR BOOT( 997 P G 27 RRaB!ffi7T -continued- , various mechanical devices designed to aid in the monitoring and remediatingeffort; and (c) do whatever else in connection therewith as Grantee or applicable governmental authority may require or xeafit provided 1 e l//i install I or owned b the pro a of n such wells, el remain be respohs�ble for all `3. Grantor understands and accepts that the work that may be undertaken hereunder, either by Grantee or the applicable governmental authority and their respective employees, agents, servants, contractors and subcontractors, may :disturb or interfere with the ingress to, egress frost and Grantor's use of or operations on the Proparty, Grantee--apd its-empieyaes.,-aaents,---aervants. contrna r and 7uh�co t ctor, 11 tempt a sL\tYey can under the ci Lances, o min m ze ch ��13 bonce or interfe n -G t roe t at t shall not i r e with or obstruct Gr a work under. ran or fur er ac nowledges and agrees that the work contemplated hereunder by either Grantee or the applicable governmental authority shall be conducted" --in -accordance with such methods as Grantee or the applicable governmental authority, an the case may be, may elect in its sole discretion. Grantee shall indemnify and hold Grantor harmless from 3 H&6zdM R -continued- and against any and all claims for personal injury or property damage arising out of the. work which Grantee shall perform hereunder on the Property, except to the extent Grantor or its employees, agents, servants contractors, or subcontractors may be negligen o fa It to 'a ty to )e d i y nd hold Grant h rmleSe sh 1 not, t e etgnN at an a and its rac o e ana subcont a tore comply with the a of is eem , i wages 'from the 'disturbance or interference with ingress to, egress from and Grantor's use of or operatiods on the Property. which is caused by the work undertaken hereunder, and,, in which case, Grantor agrees that it shall be without 'recourse .of any nature against Grantee with regard.thereto. Grantor also agrees that Grantee shall not be responsible in any way for such disturbance or interference -with. the inT the Pr by worand subcontractors. on sad ity and 4. Grantee Shall provide to Grantor, within a reasonable time after completion of the- work, the final results of all Sampling, testa and other data generated from the work to be performed hereunder on the Property, including all final reports OR ,800E 4 EaSEMg1T -continued- �.. to V. .1. .'' {i c •rat � � �,s + :�� 97 PAL (27 submitted to governmental authorities. Thin information will be provided to Grantor for informational purposes only, and it is not intended that Grantor rely on this information for any other purposes. If Grantor requires information about the Property for and the 6. Grantor understands and fully intends .that Grantee .. should rely on this Easement in performing all such work on the Property. .. 7. Upon determination, as met forth in the agreement, that °the corrective work hereunder has been .completed, .this Easement shall to' i Lto B This Ease e t shall de un`vit a land. 9. ranto ec izes nd a t Wait Easement nor the' undertaking by Granias hereunder shall constitute an . admission by Grantee of any liability or responsibility. 10. This Easement shall be'construed in accordance vith.the laws of the State of Florida. 5 OW BOOK O 7 PAGE -continued- 11. if this Agreement in executed on behalf of a corporation, en by its ecution the officer signing certifies that off e a th a cu"i e 8 behalf o of the c ration a at off c a kjM#91S1 jGr' t a Is reliance is exec by one or on this i If t a Agr a en is exec to CUtLo P1 norm gone arm,. by aution partners executing certify that they are the sole general partners, and/or that they have the authority to bind the partnership, and that they acknowledge Grantee's reliance on this certification. 12. Grantor hereby certifies that the Property is not the. homestead of Grantor. Notwi t n ing n ng a 6 he o a Grantee shall t Cno actio hat we 1 d at antorl r Grantor's- successo a as ig a cup a f the P go use of .the Property and/or ingress to and egress from the Property, unless such action is reasonably necessary. to the corrective work with respect to environmental contamination on, over, or under the prcpsrty. I 6 I I T i e t ' i S � 7}; s OR ROOK CP Sf 9 7 'iVACIE / 2 7 S. R1198NBNT -continued- IN WITNESS WHEREOF, the undersigned has caused these presents' to be signed this %of day. of �, 1996. WITNESSES: GRANTORS ' W:a�y J`cFcen [Pt1atiA ear of Witness] SOL 174Im7m [as to all three] STATE OF Phe"DAN`T - .. COUNTY OF CD%~ ' I Y CERTI at, on this day before as, a officer duly .que isd t ,so Wl gements, rson 1 a peered PfiL Ca Lm , W , v o r sonally ! knopn to or v produ r. 1' as idontin ion, an ho ex t eegg ing' nm umant and aaknopl q belors. at the ze ted "s'saae !o he purposes set If or MI and sal County ate lnet aforesaid this 19 day o!, 199C. , Print Naaari MM, 0. - FP_ Notary Publi, 'Commission No.: My Commission expires: y pubIOT TANNte of Now Ypk lioiary ' NoIOI MV16 7ew ' ,�. 7 Onubh,.:: n, O....... 5 County Cun4�:•'+atau E.vnai.una 70. 14 WITNESSES: GRANTEE: CRRVRoR O.S.A. INC., a Pennsylvania corporation [printed of Nit"Sp W cNEILL.._ MT'"1�1Q I -... I BL"ra\ to ELAIN,, [printed Name of witness] .STATE OF CALIFORNIA :; •ii '•��•`•, _. `{"�:. �_; �r COUNTY OF SAN FRANCISCO -rr _ I HERESY CERTIFY that, on thia day before me, an'Office`. n. = apppgfd[iSY-. duly qualified to take.. acknowledgements, personally as vho is erstsnai1Yan ' CS1FRo1 O.Q.A.. IRC:, a Pennsylvania corporation, knoYn toA66ent to me ' end Who executed the foregoing instrument and aoknowled be no at ex sa of said ra o th a t r ::rproe I 8S3 m n an_ e 1 nthe Co my a d State last ' 1B sa d this a of , �..:.. corvn sme2sre ..PT• ld ' '��< �rlWay geec-Ccs:amb print xnaer �sCOOO° �'wcammaaraiurm.row� Notary Public commission No.: Hy Commission expiras:�iww. 2f IPFF IeL7eiLT.AYMIo �. WOw11rrl�s� wR Ir111p s OR BOOK O 7 PAGE 7 7 ibit - —'A tract of land to rated in St. trade Gardens Subdivisions, Section 26. Township 36 South, Range 40 Bast, Block 3.-and that part of Lots 3,.and 4, which are described as follows: Beginning at the:point of intersecUon of the EasterlyRight-of-Way line of U.S. Highway No. 1 and the Wateriy Ijne of said Lot 3, thence run N.00'01'49" E. along the West line of said Lot 3 fora' distance of 238.43 feet to the North Ilk of the South -Half of Lot 3 thence run 5.89'42t11'B. along the said North linoof the South -Half of said Lot 3 for a distance of 271.03 ft>ct;ihence tun N. 2T3I'40` W. for a distincgof 205.85 feet to a point; thence run S. 62'28'20" W. for .mAstance of 350 fed to a point of Inteis ion with the Easterly Right•of•Way run S. ,....,...,.. a .._ J.:A n,.,..t., zt"ht_ rm:., line fn. a distance of 290.72 fed to the Point of l .. tee."�... ti._•i'..� .�