Parcel 710P (Lund)
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PROJECT: Beach Restoration 2004
FOLIO: 66667503706
PARCEL: 710P
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY ~CH RESTO
as "Easement") granted this ---L2... -day of , 2006, by THOMAS C.
LUND AND CAROL A. LUND, husband and If, as an esta e by the entireties, whose mailing
address is 7613 Bay Colony Drive, Naples, FL 34108, as Grantor, to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 East Tamiami Trail,
Naples, Florida 34112, 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
described in O. R. Book 1967, Page 532 of the Public Records of Collier
County, Florida, a copy of which is attached hereto as Exhibit "A."
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. The Grantor specifically reserves the right to claim title to any
property now or hereafter located seaward of the erosion control line or mean high water line.
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 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, together with the right to trim, cut, fell
and remove therefrom all trees, underbrush, obstructions or obstacles within the limits of the
Easement Property. Notwithstanding the foregoing, the County shall not disrupt existing dunes
on the Easement Property, it shall limit plantings to Sea Oats on the Easement Property, and it
shall limit the placement of temporary structures on the Easement Property to periods of no
greater than three (3) months at a time; nor shall any equipment be stored upon the Easement
Property.
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 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:
Ronald Hovell, Project Manager
Office of Capital Projects Management
Collier County Government
3301 Tamiami Trail East
Naples, Florida 34112.
1
OR: 3999 PG: 3023
Temporary Beach Restoration Easement
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any
and all such damage.
6. Grantor's Oblioation. 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.
9. Other Easement Riohts. This easement is limited to the rights expressly listed in
this Temporary Beach Restoration Easement.
10. Termination. All rights granted hereunder shall automatically terminate on
December 31, 2024 without the necessity of any further instrument of record.
This is HOMESTEAD Property
this
WHEREOF, the Grantor has caused these presents to be duly executed
M M" '-'\ , 2006.
Witness ignature)
Name: -;1....... -p~...~~
~ (Print or Type)
~ 4 d1.:J~~
WitnesS'" (Signature)
Name:
- //\
~ ~c/ ,/)
~ --=j/:S~V
Thomas C. Lund
7613 Bay Colony Drive
Naples, FL 34108
~
Witness (Signature)
"11""....- ~~'--
(~~
Carol A Lund
7613 Bay Colony Drive
Naples, FL 34108
Witnes (Signature)
Name: r:J'-< {/II :;; MA-o,s~.v
(Print or type)
STATE OF
COUNTY OF
Florid~
(.lI I lie"
The foregoing TEMPORARY BEACH RESTORATION EASEME T was acknowledged
before me this 1'1 day of (YlQ"~t., , 2006 by Thomas C und, who is personally
known to me or who has produced 1>'- as identifi ion.
(affix notarial seal)
A' It,_ 1boma.~ A Deusa
......:;f" ,. ..
~.;.~~~~
*;...~ Bondod"'tlft
~lil"\".' Adlnic Bonding Co..,lnc.
l"OM...... A. l:)€Ii\~A
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any) 'bt:> '!>~6 ., l,;, :t
My Commission Expires: O~. 10 - o~
2
OR: 3999 PG: 3024
STATE OF
COUNTY OF
~,--o~\D4
Co<..l-\ en..
The foregoing TEMPORARY BEACH RESTORATION EASEM T was acknowledged
before me this l'i day of {y\4fC"t.- , 2006 by Carol A Lun who is personally known
to me or who has produced D'- as identification.
(affix notarial seal)
"'\\~~:."'" Thomas A Deusa
'O'\~' .~'-
f::'~~:~ Com~s~ion #D0345762
~~'..''if~ ExpIres. Aug 10,2008
"'......;Ji OF f\.O~~'''' Bondedlbni
I"""", Atlantic Bonding Co., Inc.
(Signature of Notary Public)
/i-I"ft\A'.> A. 'D€lt'-~
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any) t:>i) 3 ~ 5 J lP-<
My Commission Expires: D8' 10. 08
...".. d as to forra a..1e~l suff1c1t1CJ
~~(A c;;J ~t~~
Alsistlnt Covntl AttOrntl
511.n T. Chl4wll1
3
*** OR: 3999 PG: 3025 ***
Exhibit IIA"
Site 10, THE STRAND, NORTH POD, being a portion of Tract A, PELICAN BA Y UNIT
EIGHT, as more particularly described below:
Tax Folio Number: 66667503706
All that part of Tract A, Pelican Bay Unit Eight, as recorded in Plat Book 15, pages 27
through 29 inclusive of the Public Records of Collier County, Florida and being more
particularly described as follows:
Commencing at the southwesterly most corner of Parcel 2, conservation area (D.E.R.
Permit #11-503769) as shown on said plat;
Thence along the State of Florida Department of Natural Resources and Collier County
Coastal Construction Control Line (per C.C.L.B. 1, pages 13 through 25, recorded July
29, 1980) South 11023'56" East 247.21 feet;
Thence continue along said Collier County Coastal Construction Control Line, South
10039'14" East 17.41 feet to the POINT OF BEGINNING of the parcel herein described:
Thence leaving the Collier County Coastal Construction Control Line, North
79020'46" East 85.19 feet; thence 133.14 feet along the arc of a non-tangential
circular curve concave westerly, having a radius of 345.00 feet, through a central
angle of 22006'42" and being subtended thence South 79020'46" West 83.84 feet to
the said Collier County Coastal Construction Control line; thence leaving said
Collier County Coastal Construction Line, South 79020'46" West 238.37 feet to the
Mean High Water Line (1.5 N. V.G.D. contour line observed November 1987);
thence along said Mean High Water Line, North 10002'52" West 132.32 feet; thence
leaving said Mean High Water Line, North 79020'46" East 236.97 feet to the said
Collier County Coastal Construction Line and the Point of Beginning:
Containing .99 acres, more or less; subject to easement and restriction of record;
bearings are assumed and based on the southerly line of Tract A, as being West.
4