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TECHNOLOGIES, A
PERMISSION TO ENTER PROPERTY
1. I, ,��1aleM 63? eO ti ("undersigned"),
owner/representative or Gfii4t a�' �ir�srv/ -e-co , hereby grants permission to
Advanced Environmental Technologies, LLC (AET) to enter the undersigned's property
("the property") located at: east of Brett Street North (f/k/a/, 250 Railroad Ave., West),
Crestview, Florida and described in the Official Records Book 2146, Page 419-422 (copy
attached), Okaloosa County, Florida (Parcel Number: 17-3N-23-2490-000E-0020).
2. This permission is extended to AET for the purpose of:
a. Performing assessment and remedial action construction activities associated with the
State funded cleanup of petroleum contamination originating from the former Tate Oil -
Brett Street Bulk Storage Facility (Tate Oil-FDEP Facility ID No. 468512403), 207
North Brett Street, Crestview, FL. under the Florida Department of Environmental
Protection, Bureau of Petroleum Cleanup, Early Detection Incentive Program (EDI).
3. This permission is extended to AET for the completion the following activities:
a_ The installation of five (5) shallow zone injection wells to 30 feet below land surface (ft-
bls) and three (3) deep zone injection wells to 60 ft-bls; the excavation of shallow
trenching for the installation of Teflon® and PVC piping for connecting to the wellheads
to the remedial system (to be located on the Tate Oil property) and
backfilling/compaction to grade.
b. To perform monthly and quarterly operation and maintenance (O&M) activities including
the collection of groundwater samples from the exiting monitoring well network
associated with the site for monitoring the success of site remediation.
4. Upon completion of said activities, AET will restore "the property" to as near as practicable
to its condition immediately prior to the commencement of said activities.
5. The granting of this permission to enter property by the undersigned is not intended, nor
should it be construed, as an admission of liability on the part of the undersigned or the
undersigned successors and assigns for any contamination discovered on "the property".
6. AET may enter "the property" during normal business hours following notification to the
undersigned of scheduled date of said activities.
1765 E. Nine Mile Road, Suite,1, Box 205 • Pensacola, EL 325,14 Phone: 850-471-2127 Fax: 850-471-0750
age 1 ot L
CORPORATE HEADQUARTERS 3124 West Main Street Suite.10 • Dothan, AL 36305 Phone: 334-699-2920 Fax: 800-692-0563
7. Under no circumstances shall any excess media (soil, groundwater or construction
materials/debris) be discarded, disposed or discharged to the surface or subsurface soil of
"the property". AET agrees to containerize and remove from the property any excess media
(soil, groundwater or construction materials/debris) whether or not it is believed or likely to
be contaminated by petroleum or other compounds originating from the Tate Oil property
referenced above.
8. AET acknowledges and accepts responsibility for damages caused by the acts of its
employees while on "the property".
9. The undersigned understands that employees of the Florida Department of Environmental
Protection may be on -site to observe AET during performance of the described work scope.
As a result, the Florida Department of Environmental Protection acknowledges and accepts
any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for
damages caused by the acts of its employees acting within the scope of their employment
while on "the property".
Al'icilo‘?4,,ner
Accepted by
agent:
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Witness
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Date Date
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vixo mental Technologies, LLC by the following authorized
Company Representative Witness
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Page 2 of 2
This instrument prepared by
or under the direction of:
William C Basney, -1E
Senior Counsel
CSX Transportation, Inc.
500 Water Street
Jacksonville, Florida 32202
1997-00436/BSD
** OFFICIAL RECORDS **
BK 2146 PO 419
Deed Doc Stamps $84, 00 D, C, . L_
THIS QUITCLAIM DEED, made this 31stday of March , 1998, between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Grantor", and CITY OF CRESTVIEW,
whose mailing address is Post Office Drawer 1209, Crestview, FL 32536, hereinafter called
"Grantee", and UNITED STATES TRUST COMPANY OF NEW YORK, Trustee as hereinafter
provided, WITNESSETH:
(Wherever used herein, the terms "Grantor" and "Grantee" may be construed in
the singular or plural as the context may require or admit, and for purposes of
exceptions, reservations and/or covenants, shall include the heirs, legal
representatives and assigns of individuals or the successors and assigns of
corporations.)
THAT Grantor, for and in consideration of the sum of TWELVE THOUSAND AND
NO/100 DOLLARS ($12,000.00), to it in hand paid by Grantee, the receipt of which is hereby
acknowledged, does hereby RELEASE, REMISE and forever QUITCLAIM unto Grantee, its
successors and assigns all right, title and interest of Grantor, if any, in and to that certain tract or
parcel of land situate, lying and being at Crestview, County of Okaloosa, State of Florida,
hereinafter designated "the Premises," more particularly described in Exhibit A, attached hereto
and incorporated herein, and containing 1.28 acres, more or less.
TO HAVE AND TO HOLD the Premises, and all the estate, right, title, lien, interest and
claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and
appurtenances thereto, unto the proper use, benefit and enjoyment of Grantee, Grantee's heirs and
assigns or successors and assigns, forever.
AND THIS DEED FURTHER WITNESSETH that United States Trust Company of New
York, Trustee under the former Louisville and Nashville Railroad Company's First and
Refunding Mortgage dated August 1, 1921, as supplemented, has executed this deed for the sole
purpose of releasing and does hereby release all estate, right, title, lien and interest of the Trustee
under said Mortgage, in and to the property herein conveyed, or in and to the estate, right, title
and interest herein quitclaimed, pursuant to the provisions of Section 1 of Article Ten of said
Mortgage. This release is subject to any and all the same rights, reservations, exceptions,
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limitations and agreements herein specified on behalf of the Grantor, and is without covenant or
warranty, express or implied, and without recourse against said Trustee in any event, and recitals
of fact herein are to be taken only as recitals of Grantor and not of Trustee.
IN WITNESS WHEREOF, CSX TRANSPORTATION, INC. and UNITED STATES
TRUST COMPANY OF NEW YORK (as the aforesaid Trustee), pursuant to due corporate
authority, have caused their names to be signed hereto by their officers hereunto duly authorized
and their corporate seals, duly attested, to be hereunto affixed.
Signed, sealed and delivered
in the presence of:
Bonnie S. Deckard
---Y)9(1)), 54(4_6603..)
Mary LHuston
Signed, sealed and delivered
in presence of
PATRICIA STERMER
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CSX TRANSPORTATION, INC.:
By:
Print Name:
Print Title:
Petri
' ;AA v ,
Vice
Attest ?;,)i 4zeivio" , ' �SEAL� ' .'� • `�'
Bs:levant Secretary,,,; ' , 0 + ` 0•`�l`
Print Title:
• �°
Joyce A. Dolan •"""'' `�
UNITED STATES TRUST COMPANY OF
NEW YORK, as Corporate Trustee
as . •'d:
B
Attest
•
VICE PRE,St \M; `�c:;
I , l
CYNTHIA�� ` rOr et ))1.0% �;%/
Assistant Vice Pr le6 :•
STATE OF FLORIDA )
) SS.
COUNTY OF DUVAL )
** OFFICIAL RECORDS **
SK 2146 PG 421
I, Mary L. Huston , a Notary Public of the State of Florida and the County of
Duval, do certify that, on the date below, before me in said County came
Patricia .5. _liftoora ( X ) to me known, and/or ( ) proven by satisfactory current
evidence to be the person whose name is subscribed to the above instrument, who, being by me first duly
sworn, did make oath, acknowledge and say that: he resides in Jacksonville, Duval County, Florida; he is
Vice President , of CSX Transportation, Inc., the corporation described in and
which executed said instrument; he is fully informed of the contents of the instrument; be knows the seal
of said corporation; the seal affixed to said instrument is such seal; it was so affixed by authority of the
Board of Directors of said corporation; he signed his name thereto for said corporation pursuant to Board
authority; and instrument is the free act and deed of said corporation; and the conveyance herein is not
part of a transaction, sale, lease, exchange or other transfer or conveyance of all or substantially all of the
property and/or assets of the Grantor.
IN WITNESS WHEREOF, I hereunto set my hand and official seal, this 31st day of
March , 19 98 .
My commission ex ires on:
MARY L HUSTON
Notary Puolic - State of Florida
My Cornr-lssion Expires Nov 30, 2001
Corr CC609724
OF NEWtYORK"
Notar Publi
Print ame:
krildey ge/.5/P/
hi 41-4-6/1 (SEAL)
) SS.
COUNTY OF NEW YORK )
Personally appeared before me, CHRISTINE C. COLLINS;e)
a Notary Public of the State
and County aforesaid, JAMES E LOGAN and C ied.k OAA.r. V with
whom I am personally acquainted, and who, upon oath, acknowledged themsely s to be the
VICE PRESIDENT and ASS1STANI VICE PRESIDENT , respectively, of the
United States Trust Company of New York, a corporation, the within -named Trustee of the aforesaid
mortgage, and that they as such VICE PRESIDENT and ASSISTANT. VICE PRESIDENT ,
being authorized so to do, executed the foregoing instrument for the purpose therein contained by signing
the name of the corporation thereto by C-7!Nr�b C loMfry , as its
ASSISTANZ YICE P ESIDENI and attesting the same by JAMESi E L.OGAN , as
its , and affixing the corporate seal thereto.
My commission expires on:
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IN WITNESS WHEREOF I hereunto set my hand and official seal, this day,; Cf „.;
-- (Sk • ) y 1 4 ` •' Sii i t
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Notary Public . .i. `( Qt I-r 1 G kA F r>
Print Name: CHRISTINEC COLLIi+I8 Q ',..., \ '
Notary Public, state or New'liri ',) ' � , , ti y) ,..:
No.03-4624735
Qualified In Broruc County' '",,,.,..1 _� ' ,
CerlAoate Flied In New York County
Commission Expires March 30, 2000
EXHIBIT A
Description of property at: Crestview, County of Okaloosa, State of Florida
To: City of Crestview
CSXT Deed File No.: 1997-00436/13SD/j1s
A parcel of land situated in section 17, Township 3 North, Range 23 West, Okaloosa County,
Florida, more particularly described as follows:
BEGIN at the intersection of the Southerly right of way line of U. S. Highway 90 (variable R/W)
and the Easterly right of way line of the former Seaboard Railroad (100.0 foot R/W); thence
proceed South 07 degrees 42 minutes 59 seconds West, a distance of 13.23 feet along the
Easterly right of line; thence proceed South 07 degrees 42 minutes 58 seconds West, a distance
of 429.58 feet along said right of way line, to a point of curvature of a curve concave
Northeasterly and having a radius of 768.51 feet; thence proceed along the arc of said curved
right of way line, through a central angle of 12 degrees 14 minutes 42 seconds, an arc distance of
164.24 feet, (chord bearing and distance - South 01 degrees 35 minutes 38 seconds West, 163.93
feet), thence departing said Easterly right of way line; thence proceed South 85 degrees 28
minutes 16 seconds West a distance of 100.00 feet, to a point of curvature of a curve concave
Northeasterly and having a radius of 868.51 feet; thence proceed along the arc of curved right of
way line, through a central angle of 12 degrees 14 minutes 42 seconds, an arc distance of 185.62
feet, (Chord bearing and distance North 01 degrees 35 minutes 38 seconds East, 185.26 feet) to
the point of tangency of said curve; thence proceed North 07 degrees 42 minutes 59 seconds East
a distance of 406.53 feet along said Westerly right of way line, to a point lying on the Southerly
right of way of U. S. Highway 90; thence proceed North 77 degrees 46 minutes 23 seconds East,
a distance of 106.38 feet to the point of beginning, containing 1.3 acres more or less.
Less and except that portion of lands previously conveyed by Grantor to Grantee by deed dated
June 24, 1988. (Recorded, Deed Book 1467, Page 791). Containing a net area of 1.28 acres,
more or less.
BEING more particularly shown on plat of survey dated December 17, 1997 prepared by Kermit
W. George, Land Surveyor Number 4150, Southern Engineering Group, PA, 114 East Cedar
Avenue, Crestview, FL 32536 incorporated herein by reference.
BEING property occupied and used by Yellow River Railroad Company, a predecessor of CSX
Transportation, Inc. for railroad operations since 1875, there being no record of conveyance.
By deed dated June 22, 1906, the Yellow River Railroad Company became vested in the Louisville
and Nashville Railroad Company. On December 29, 1982 the Louisville and Nashville Railroad
Company merged into Seaboard Coast Line Railroad Company, and the name of the surviving
corporation changed to Seaboard System Railroad, Inc. On July 1, 1986, Seaboard System
Railroad, Inc. changed its name to CSX Transportation, Inc.
rl fu 7'' j '; ,
sVin1Al2V10911091-003011997-4361gc deed I&n mortgage_doc
FILE # 1619328 RCD; Apr 29 1998 Q 02:37PM
Newnan C. Brackin, Clerk, Okaloosa Cnty F1