Parcel 753-N (Poitras) INSTR 4883403 OR 4959 PG 2701
RECORDED 8/27/2013 2:32 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
PROJECT: Beach Restoration 2013 COLLIER COUNTY FLORIDA
FOLIO: 04280520005 DOC @.70$0.70 REC$18.50
Parcel: 753-N
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT(hereinafter referred to as
"Easement") granted this A. O BEACH,
,RESTORATION
of U,(4 U—' T , 2013, by JAMES P. POITRAS and JOYCE
W. POITRAS, husband and wife, whose mailing address is 21 Gulf Shore Boulevard N, Naples, Florida
34102 as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 2800 N. Horseshoe Drive, Naples, Florida 34104, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, successors and assigns.)
WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be derived from
the Collier County Beach Restoration Project, and other good and valuable consideration, hereby grants,
bargains, and conveys to the Grantee this Temporary Beach Restoration Easement on, over and upon the
following described property(hereinafter referred to as"Easement Property"):
All of that land which lies in the sandy beach seaward of the vegetation line on the
property of the tract or parcel of land lying within the parcel of real property more
particularly described as the South 38 feet of Lot 3, and all of Lot 4, Block 21, Tier 1,
Buena Vista subdivision, according to the plat in Plat Book 2, Page 97, of the Public
Records of Collier County, Florida.
This is a non-exclusive Easement with Grantor reserving the right to continued free use of the
Easement Property in a manner not inconsistent with the rights granted herein to Grantee, subject to the
following terms and conditions:
1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication
to or for the general public and this Easement shall be strictly limited to and for the purposes expressed
herein.
2. Use. The Easement may be used by Grantee, its contractors, agents, and assigns for the
purpose of implementing and maintaining the Collier County Beach Restoration Project and shall include,
without limitation, the right to utilize the Easement Property for enlarging and maintaining the beach and
shoreline by filling with compatible sand, for planting and maintaining native dune vegetation, to move,
store and remove equipment and supplies, to erect and remove temporary structures on the Easement
Property and to perform any other work necessary and incident to the Collier County Beach Restoration
Project, o_ _ • •_ _ .• - -. - .- - a.. _ -- ..- . • .. •fik
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3. Access. Grantee shall have the right of ingress and egress over and across the Easement
Property as is necessary for the use of any right granted herein.
4. Reasonable Use. The rights and interest conveyed hereunder are conditioned upon the
9 Y P
reasonable exercise thereof by Grantee. Grantee agrees not to unreasonably interfere with Grantor's use
of the Easement Property. Grantee further agrees that it shall, at the Grantee's cost, repair any damage
caused to Grantor's property as a result of Grantee's negligence.
5. Notice. In the event any damage caused or believed to be caused by Grantee to Grantor's
property, Grantor agrees, within seven (7) days of becoming aware of any such damage, to notify Grantee
in writing, in care of the following individual and address, by certified mail, return receipt requested:
Gary McAlpin, PE—Manager
Coastal Zone Management
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 34104
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any and all
such damage.
6. Grantor's Obligation. Grantor agrees not to do or commit any acts that would interfere with
the rights granted to Grantee under this Easement.
7. Covenants Run With the Land. The covenants, rights, restrictions, reservations and
Easement herein set forth are and shall run with the land.
8. Grantor's Representations. Grantor acknowledges that Grantor is the lawful owner of and
has good and marketable legal title to the Easement Property; that Grantor has the full right, power and
authority to grant this Easement to Grantee, and all other rights granted hereunder; and that Grantor
agrees that in the event another party attempts to and/or does not set aside this Easement based upon a
superior right in the Easement Property, or commit any act which would in any way nullify or interfere with
the rights granted hereunder, the Grantor will take all such steps as shall be necessary and appropriate to
secure to Grantee the rights and interests secured hereunder.
Temporary Beach Restoration Easement 2013
Page Two
Parcel: 753-N
9. Termination. All rights granted hereunder shall automatically terminate on December 31, 2028
without the necessity of any further instrument of record.
This is Homestead Property
IN W NESS4UEREOF, the Grantor has caused these presents to be duly executed this P,Crt.h
day of , 2013.
Witness (Sinatu e mes P. Poitras
Name: /VI ! C O �o
/(Print otype)
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ALL/ . 'd
Witi s (a• - )
Na ..41/At
(Print or I e)
STATE OF Flo Nda_
COUNTY OF C011161."''
The foregoing EMPO ARY BEACH RESTORATION EASEMENT was acknowledged before me
thi day of , 2013 by James P. Poitras who is personally known to me or
who has produced • as identificati•-.
(affix notarial seal)
(Signatur-� Not'Pu
1.
.vr• �. .I1J4 /1/ L' ' or)
:0 Notary Public State in Florida (Print Name o NIL" Pubic I
Mariana J McLaughlin
AT My Commission DD982175 NOTARY PUBLI
or V dExpires 04/14/2014 ' �ti 1
Serial/Commission#: DD
My Commission Expires: -1441.
Witness (Signature \\ U J./c-/ . Poitras
Name: /V/C/-14 UO1../4.
(Print or pe)
li
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(Print or , "•-)
STATE OF
COUNTY OF Collier"
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me
this filth day of , 2013 by Joyce W. Poitras who is personally known to me or
who has produced identificati• /
(affix notarial seal) AN/. J4r�
(Signa - f '� c)
IL At t 0,
fort 00._ Notary Public State of Florida (Print Name o wary •:v. i 4
• • Mariana J scion )Min NOTARY PURL ' a� Q `
'l4 ' My Commission DD982175 C,
e,O Expires 04/14/2014 Serial/Commission#:
My Commission Expires:
Approve• as to orm and egality
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`' - "• Memorandum
rl fO RIP �
TO: Minutes & Records Management
FROM: Marlene J. McLaughlin
Property Acquisition Specialist
Real Estate Services
DATE: September 3, 2013
RE: Beach Restoration 2013
(Coastal Zone Management)
PARCEL NO.: 753-N
Please find attached one (1) original recorded Right of Entry for the Poitras parcel in the city
of Naples for the above referenced project.
Please contact me if you have any questions or comments at Extension 8922.
Thank you.