CLARK D. HUBBARDI#: 2010222611 BK: 16995 PG: 1595, 08/06/2010 at 02:29 PM, RECORDING 2 PAGES
$18.50` KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLKPR03
RETURN TO:
Earl Barrett
Engineering Department
City of Clearwater
P. d, Box 4748
Clearwater, Florida 33758-4748
RE. Parcel No. 15-29-15-64890-003-0050
TEMPORARY ACCESS EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the
benefits tc be derived therefrom, CLARK D. HUBBARD, a married man ("Grantor'), does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), easement over, under, across, upon and through the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit;
OVERBROOK, Block 3, Lots 5 and 6, and Lots 15 through 18
inclusive. according to the map or plat there as recorded in Plat
Book 8, Page 23 of the Public Records of Pinellas County, Florida.
This easement is conveyed herewith to Grantee. its employees, agents,
contractors and designees and/or invitees for the express purposes of entering upon
Grantor's herein described property to conduct all environmental investigations, soil and
ground water testing, and environmental remediation as may be required by appropriate
Federal. State and Local regulatory agencies. Throughout the term hereof. Grantee, its
employees, agents, contractors, designees and invitees covenant and agree to maintain
reasonable commercial ingress and access to Grantor's property, and to limit to the
greatest extent reasonably possible any business impacts to business operations of
Grantor, or Grantor's lessee, as applicable.
This easement authority shall continue in force for such term as required for
Grantee to complete all such investigations, testing and site remediation as may be
necessary to receive a Site Rehabilitation Completion Order or equivalent
documentation from the appropriate regulatory agency or agencies.
Grantor warrants and covenants with Grantee that Grantor is the owner of fee
simple title to the herein described real property, that Grantor has full right and lawful
authority to grant and convey this easement to Grantee, and that Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
It is expressly understood that Grantor reserves unto himself, his heirs and
assigns, all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold
harmless Grantor from and against any and all claims, demands, actions, judgments,
injuries, damages, costs and expenses, including attorney's fees, resulting from or
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TEMP ACCESS EAS 1351 CLEVE ST 0510.dac
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RETURN TO: , 10
Earl Barrett
Engineering Department
City of Clearwater
P. 0. Box 4748
Clearwater, Florida 33758-4748
RE: Parcel No. 15-29-15-64890-003-0050
R c ed Electronically
Cou ,
Date a Tim
Slm Ilfile.com 8D0.460.6657
TEMPORARY ACCESS EASEMENT
FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the
benefits to be derived therefrom, CLARK D. HUBBARD, a married man ("Grantor'), does
hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal
Corporation ("Grantee"), easement over, under, across, upon and through the following
described land lying and being situate in the County of Pinellas, State of Florida, to wit:
OVERBROOK, Block 3, Lots 5 and 6, and Lots 15 through 18
inclusive, according to the map or plat there as recorded in Plat
Book 8, Page 23 of the Public Records of Pinellas County, Florida.
This easement is conveyed herewith to Grantee, its employees, agents,
contractors and designees and/or invitees for the express purposes of entering upon
Grantor's herein described property to conduct all environmental investigations, soil and
ground water testing, and environmental remediation as may be required by appropriate
Federal, State and Local regulatory agencies. Throughout the term hereof, Grantee, its
employees, agents, contractors, designees and invitees covenant and agree to maintain
reasonable commercial ingress and access to Grantor's property, and to limit to the
greatest extent reasonably possible any business impacts to business operations of
Grantor, or Grantor's lessee, as applicable.
This easement authority shall continue in force for such term as required for
Grantee to complete all such investigations, testing and site remediation as may be
necessary to receive a Site Rehabilitation Completion Order or equivalent
documentation from the appropriate regulatory agency or agencies.
Grantor warrants and covenants with Grantee that Grantor is thb owner of fee
simple title to the herein described real property, that Grantor has full right and lawful
authority to grant and convey this easement to Grantee, and that Grantee shall have
quiet and peaceful possession, use and enjoyment of this easement.
It is expressly understood that Grantor reserves unto himself, his heirs and
assigns, all rights of ownership of the easement premises not inconsistent with the
easement rights granted herein.
Grantee, to the extent permitted by applicable law, agrees to indemnify and hold
harmless Grantor from and against any and all claims, demands, actions, judgments,
injuries, damages, costs and expenses, including attorney's fees, resulting from or
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TEMP ACCESS EAS 1351 CLEVE ST 0510.doc
related to Grantee or Grantee's employees, agents, contractors and designees and/or
invitees use or occupation of Grantor's property. However, nothing contained herein
shall be construed to waive or modify the provisions of Florida Statute 768.28 or the
doctrine of sovereign immunity as to any party hereto. In addition, nothing contained
herein shall be construed as consent by Grantee to be sued by third parties in any
manner arising from this grant of easement, or as a waiver of sovereign immunity.
The rights granted herein shall be temporary, but irrevocable, except by the
written mutual agreement of both parties at such time as Grantee has received a Site
Rehabilitation Completion Order, or equivalent documentation from the appropriate
regulatory agency or agencies, or ninety (90) days following abandonment of Grantor's
property by Grantee, whichever shall occur sooner. In either event of termination
Grantee shall promptly initiate process to formally vacate this grant of easement in all
respects and record a memorandum of such vacation in the Public Records of Pinellas
County Florida. -=
IN WITNESS WHE13EOF thqjuidersigned Grantor has caused these presents to
be duly executed tl its 3,( of _?-c?? '2010.
?- VITNESS s Vat
n ?
Print Witness Na
1.1- tie,, Q -
WITNESS signature
Print Witness Name
STATE OF FLORIDA
COUNTY OF PINELLAS
ss
Clark D. Hubbard
BEFORE ME, the undersigned authority, personally appeared Clark D. Hubbard,
who executed the forgoing instrument on the day and date first above written, and who
acknowledged the execution thereof to be his free act and deed for th uses and
purposes herein set fo He [ ] is personally known to me or [ did provide
1r -\ft 1: IL , as identification.
QWA
V My commission expires:
L
lic -- State f Florida_
Name
?s1hs M.MALCOLM-SMITH
MY COMMISSION # DD 977766
EXPIRES: May 1, 2014
m, Bonded Thru Notary Public Underwr ters
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