Parcel 729-N (Karmazin) INSTR 4896943 OR 4970 PG 3162
PROJECT: Beach Restoration 2013 RECORDED 10/1/2013 2:04 PM PAGES 6
FOLIO: 14101540002 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
PARCEL: 729-N COLLIER COUNTY FLORIDA
DOC @.70$0.70 REC$52.50
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
as "Easement") granted this 37 day of f, —, 2013, by MEL KARMAZIN
and THERESA KARMAZIN, husband and wife, ose mailing address is 1 Central Park West,
New York, New York 10023 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 seaward of the seawall on the property of the tract or
parcel of land lying within the parcel of real property described in O.R. Book
2898, Page 892 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.
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, together with the
right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions or obstacles
within the limits of 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:
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.
THIS CONVEYAN. .der .P11 L it
BOARD OF COUNTY COIN MtSSI Ni=k,,
COLLIEI`» COUNT' FIOR'DA,
PURSUANT TO THE PRQv!SIO N`
OF RESOI!JTION N D/ —37
A
Temporary Beach Restoration Easement 2013
Page Two
Parcel: 729-N
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.
9. Termination. All rights granted hereunder shall automatically terminate on
December 31, 2028 without the necessity of any further instrument of record.
This is not homestead property
Sy4-1E;NESS W ERFOF, he Grantor has caused these presents to be duly executed
this ay of �M'� , 2013.
Witnesses as to both:
X1''Witness (Signature) Mel Karma in
Name: /11 ,c //. L �- c c...-I '.✓4
(Print or type)
I
4IL 1 i
—
Witn= 'r -tu4 -
Name. ,li ,, _4/I ,
(Print or t (7) 1
1/4 j„,,,,,,,,,_._, di k..,,,,___..__ <>
Theresa Karmazin
STATE OF f bki>a___
COUNTY OF Collm =-__,.,_
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this <37Wclay of te4) , 2013 by Mel Karmazin and Theresa
Karmazin who are personally kno n to me or who have produced FLPr' -SG/c�rtStS as
identification.
(affix notarial seal) Iad ,
N/ � /
(Signature of i - v b 4
l/ir ,. _e14! i_.`, 11ri
(Print Name of No if Public),
NOTARY PUBLIC
"AY 044, Notary public State o(Florida Serial/Commission #: DDgB - 5
`t' Marlene J McLaughlin
le
l� MyCommissbnD0982175 My Commission Expires: 4- /4 -/4
Tor nd• Expires 04/14/2014
Approved as to form and legality
Assistant County Atorney
GP
EXHo1"r' *** OR: 2898 PG: 0895 **
EXHIBIT "A"
LEGAL DESCRIPTION.
THAT PART OF LOT 3 AND LOT 4 OF TIER ONE, BLOCK 28 OF THE REPEAT
OF THE TOWN OF NAPLES, AS RECORDED IN PLAT BOOK 1, PAGE 73, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4 RUN NORTH
09'46'05" WEST ALONG THE EAST LINE OF SAID LOT 4 AND THE WESTERLY
RIGHT OF WAY LINE OF CULT-SHORE BOULEVARD FOR 35.00 FEET; THENCE
`,OUTH 80'13'55" WEST, 156.25 FEET; THENCE NORTH 1710'30" WEST, 115.62
FEET TO A LINE 20.00 FEET SOUTH ! ��► LLEL WITH THE SOUTH
LINE OF LOT 2 OF SAID SUBDIVI . • ' i' �':1�4-',+"`., SAID LINE SOUTH
5 7 FEET;T; ,r" NORTH i '4: ' WEST, 20.02 FEET
8015'28" WRST, 145.E E ' ' 'iUTH LINE OF SAI• • 2; THENCE ALONG
TO AN INTERSECTION WITH
SAID LINE SOUTH 8015'28" WE= •. , I Ti AN TE'SECTION WITH
THE NAPLES BEACH EROS IN O - LT. PL AS C+ 'DED IN
COASTAL SETBACK LINE :00 i " �iP •.- - • 0 SAID PUBLIC
RECORDS; THENCE ALON+ S • D ER+ ► • j' • �-' OU'H 09'03'24"
LAST 66.05 FEET; THEN4 ' • TF 9 ' s :-AST,) •3. , LIEU; THENCE
•� .` THE SOUTH
SOUTH 0731'17" EAS1, 0.' � TO • ' I� � E
TINE OF SAID LOT 4; THE 'LONG SAID LINE ,�,OR H :413.55" EAST,
344.80 FEET TO THE F'OIN •ck BEGINNING.
AND y ��
THAT PART OF LOT 3 AND LOT 4 •4170041 : •CK 28 OF THE REPEAT
OF THE TOWN OF NAPLES, AS RECORDED " PLAT BOOK 1, PAGE 73, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4 RUN NORTH
09'46'05" WEST ALONG THE EAST LINE OF SAID LOT 4 AND THE WESTERLY
RIGHT OF WAY LINE OF GULFSHORE BOULEVARD FOR 35.00 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 80'13'55" WEST, 156.25 FEET; THENCE
NORTH 1710'30" WEST, 79.66 FEET; THENCE NORTH 80'13'55" EAST, 166.52
FEET 10 SAID WESTERLY RIGHT OF WAY LINE; THENCE ALONG SAID RIGHT
OF WAY LINL SOUTH 09'46'05" EAST, 79.00 FEET TO THE POINT OF
BEGINNING
•
' Ice 8625291cIAORl: 2898oPG`�0892iI
• ... 912612011 it 12:011'N DIIGN!I. BROCI, CLIII
COLS 14942600.11
Return to: MIC ill 19.50
ror•.11 I0I591.2:
Name: MARK A.JACOBS R,;•:
BERGMAN AND JACOBS,P.A. M_t3S A JAM
AYII.'l
Address: 777 Brickell Avenue,Suite 780 17l BR1Clll6 1!90 MIAMI it 3313:
Miami,Fl.33131
This instrument Prepared by:
BERGMAN AND JACOBS.P.A.
777 Brickell Ave.,Suite 780
Miami,Fl.33131
Property Appraiser Parcel 1.D.(Folio)Number: 0000014101540002
(0000014101540002 & 0000014101550005)
Grantee(s)S.S.k(s):
WARRANTY DEED
THIS WARRANTY DEED,Made ` gay o'a . bet.Al).,. 2001, by:
C)\ k?'
RALPH F.CHAPMAN an. ' E MURRAY CHA' A husband and wife
Address: 7037 Hill F' st •ri
Dallas,Tx. 52 c O
hereinafter called the Gra
MEL KARMAZIN and T SA KARMAZIN . b n' . wife
Address: I Central Park
New York,New ' '.4
TE CTRC��
hereinafter called the Grantee:
(Wherever used herein,the terms"Grantor"and "Grantee" include all the parties to this
instrument and the heirs,legal representatives and assigns of individuals,and the successors and
assigns of corporations)
WITNESSETH:That the Grantor.for and in consideration of the sum of 510.00 and other
valuable considerations.receipt whereof is hereby acknowledged,hereby grants bargains,sells,
aliens,remises,releases,conveys and confirms unto the Grantee.all that certain land situate in
COLLIER County.Florida:
SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF
SUBJECT TO: Easements. Restrictions and Reservations of record, not intending to
reimpose same.
SUBJECT TO:Taxes for the year 2001 and all subsequent years.
•
a
. EXHIBIT A OR: 2898 PG: 0893
• P _a_of
SUBJECT TO:All of the following permitted exceptions:
u. Resolution creating the Coastal Area Planning District.recorded May 6, 1976 in
Official Records Book 649.page 1239.
h. Quit Claim Deed from County Water-Sewer District and Collier County.Florida.
and the City ofNaplcs.relating and regarding the Water lines,water transmission facilities.water
meters and appurtenances ol'the County Water-Sewer District dated August 18.1978,recorded
in Official Records Book 750.page 1088.
c. All of portion of the subject property seaward of the Erosion Control Line Mat as
recorded in Coastal Setback I.ine Rook 1.Pages 54-56.
d. Ordinance Number 76-20 relating to public access and public beaches recorded
in Official Records Book 649.page 1476.
e. That certain Certification metes and bounds description for the Coastal
Construction Line Collier County.Florida,recorded in Official Records Book 1452.page 258.
1: Temporary Beach Restoration Easement by David A.Stone,a married man.to
Collier County, a political subdivision of the State of Florida.as recorded May 19. 1995 in
Official Records Book 2060,page 2254.
g. Resolution No.97.807 .1 ' p A' ustal Construction Setback line Variance
to construct a single family re•'. - .. !,- .FV and a pool terrace gulfward of the
Coastal Construction Sob.• L •..as recorded Octo • . 1997 in Official Records Book
2354,page 3204. . .
h. Easemen in v lir'F • . '• I ft construction operation and
maintenance of overhe , t' T liti recorded July 30, 1997 in
Official
Records Book •}34 •
t' it
al
i. Resolutio .96-7762 granting a`�t asta Ct "*-coon Setback line Variance
to construct a single fam (. idence, two in-g • • s '. ng pools. and a paver block
driveway Gulfward ot'the C• •J ' struction Set.'•• jn •as recorded October 23.1996 in
Official Records Book 2241.pag 134/E crit"
j. Resolution to authorize the r of Trustees of the Internal Improvement Trust
Fund of the State of Florida to locate and fix un erosion control line in the tidal waters recorded
February 26, 1996 in Official Records Book 2152,page 146.
k. Declaration of Restrictive Covenants and Easements for Villoresi recorded in
Official Records Book 2412, page 1578, inclusive as affected by Amended and Restated
Declaration of Restrictive Covenants and Easements for Villoresi,recorded in Official Records
Book 2488. page 1172; First Amendment to the Amended and Restated Declaration of
Restrictive Covenants and Easements for Villoresi, dated September 23. 1999, recorded
November 23. 1999 in Official Records Book 2613,page 3479;and Easement Agreement and
Notice of Termination of tlx:Amended and Restated Declaration of Restrictive Covenants and
Easements for Villoresi,recorded November 23. 1999 in Official Records Book 2613.page
3488.
I. Resolution No:99.8601 granting a Coastal Construction Setback Line Variance
to construct a new single family residence. a driveway, a swimming pool and deck, and
landscaping.recorded May 23,2000 in Official Records Book 2678,page 1395.
ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.
i. R 2898 PG: 0894
TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging
or in any way appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of
said land in fee simple;that the Grantor has good right and lawful authority to sell and convey
said land:that the Grantor hereby fully warrants the title to said land and will defend the same
against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances,except taxes accruing subsequent to December 31.2000.
IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day
and year first above written.
Signed,sealed and delivered in our presence:
ill
A (twill:IA.1i
.._ _____ , .. ..,„,,
Witness Signature �,1 ' COtJ,z .�, CHAPM
Print !o - .!‘26110 k
Ar
W'.Air 411111111111111ti pit. M R' Y C IAPMAN
STATE OF FLORIDA C
COUNTY OF COLLIER o� `IE CI'�-t'���
The foregoing instrument was acknowledged before me this 26°day of September,2001,by
RALPH F.CHAPMAN and NANCE MURRAY CI IAPMAN.husband and wife. They tek )
are personally known to me; or( )have produced as
identification.
JfDtA1: 42
NOTARY PUBLIC,STATE OF FLORIDA
Print Name: HOLLY A. HARMON
Commission Number:
/r%ttorp A Women
*Warr cormwnon ccewseo
NT/Expires actorCM ii.2001