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GILBERT G. JANNELLII#: 2010222610 13K: 16995 PG: 1593, 08/06/2010 at 02:29 PM, RECORDING 2 PAGES $18.50 }. KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLRPR03 _ RETURN TO: E ' ?! Earl Barrett Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, Florida 33758-4748 RE; Parcel No. 15-29-15-64890-003-0080 TEMPORARY ACCESS EASEMENT FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the benefits to be derived therefrom, GILBERT G. JANNELLI, a single 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 7 through 14 inclusive, according to the map or plat there as recorded in Plat Book $, 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 environmertal investigations, soil and ground water testing, and environmental remediation as may be required by appropriate Federal, State and Local regulatory agencies. 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. ThroL;ghout 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, 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 CADocuments and Settings\Eari.Barrott\L•ocal Settirgisffemporarv Internet Files\Content.Outlook\Y51FB23N\JANNELLI TEMP ACCESS EAS 1343 CLEVE ST 0510.doc R or?i d Electrons ll to =1010 tle as lb ? 4? 3 RETURN T0: Earl Barrett Engineering Department City of Clearwater P. 0. Box 4748 Clearwater, Florida 33758-4748 RE: Parcel No. 15-29-15-64890-003-0080 TACCESS EASEMENT FOR-AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) and the benefits to be derived therefrom, GILBERT G. JANNELLI, a single 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 7 through 14 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. 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. 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, . 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 "J C:\Documents and Settings\Earl.Barrett\Local Settings\Temporary Internet Files\Content.Outlook\Y51FB23N\JANNELLI TEMP ACCESS EAS 1343 CLEVE ST 0510.doc y- 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. su_ch_yacation in the _Rublic Records-of Pinellas-- County,- Florida. IN WITNESS WHEREOF the undersigned Grantor has caused these presents to be duly executed this 7 ' of -:7`'y,y E , 2010. AMITNESS signature grjqrce 9 L, ? rint Witness Name WI NES ignat t_40 e Print Witness Name STATE OF FLORIDA COUNTY OF PINELLAS : ss Gilbert G. Jannelli BEFORE ME, the undersigned authority, personally appeared Gilbert G. Jannelli, who executed the forgoing instrument on the day and date first above written, and who My commission expires: ataryPublic - State of Florida VtCrD 12C/? A_t? ??;•?%P:".?`E+ WTORIAA.KIOM * * MY COMMISSION Y DO 902741 Type/ Print Name , EXPIRES: Jury 4, 2013 x9110 Y'r Bonded T ru Budget Noy Serriorr acknowledged the execution ther@of,to be his free act and deed for the uses and purposes here' set h. He ' Is personally known to me or [ ] ..did provide as identification. C:\Documents and Settings\Rod.lrwin\Local Settings\Temporary Internet Files\Content.Outlook\LXS4L9MT\JANNELLI TEMP ACCESS EAS 1343 CLEVE ST 0510 (3) (2).doc