The Prince r '
INSTR 5679750 OR 5604 PG 1008
RECORDED 3/5/2019 11:45 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
PROJECT: Marco Island Central Beach Regrade Restoration Project 2018
FOLIO: 68493560005 - The Prince The Prince
Parent Tract Parcel No. 7856700821
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement") granted this S ay of'36jt , 2019, by The Prince Condominium
Owners Association,Inc.,a Florida not-for-profit corporatio , whose mailing address is 176 South Collier
Blvd., Marco Island, FL 34145, as Grantor; to COLLIER COUNTY, a political subdivision of the State
of Florida,whose mailing address is 3299 Tamiami Trail E., Suite 300,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
WHEREAS, Grantor acknowledges that Grantor is the lawful owner of and has good and
marketable legal title to the Easement Property,and that Grantor has the full right,power and authority
to grant this Easement to Grantee; and
WHEREAS, Grantor has agreed to grant and convey to Grantee, a temporary non-exclusive
access easement over, on, under, upon, and across the Property for the Marco Island Central Beach
Regrade Restoration Project, as described herein:
All of that land which lies on 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 0. R. Book 876,Page 2007 of the Public Records of Collier County,
Florida, a copy of which is attached hereto as Exhibit"A."
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, together with other good and valuable consideration provided to Grantor,
the adequacy and receipt of which are hereby acknowledged,Grantor hereby voluntarily grants,creates,
conveys,and establishes a temporary easement for and in favor of Grantee upon the Property described
in Exhibit"A" which shall run with the land and be binding upon the Grantor, and shall remain in full
force and effect for the duration provided below.
RECITALS
This is a temporary 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:
[18-CZM-00245/1398609/1] 1
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. s The Easement may be used by Grantee, its contractors, agents, and assigns for
the purpose of implementing and maintaining the Marco Island Central Beach Regrade 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,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 Marco Island Central Beach
Regrade 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.
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. Grantee's Liability. The Grantee's liability is limited as provided in Section 768.28,
Fla. Stat.
7. Grantor's Obligation. Grantor agrees not to do or commit any acts that would interfere
with the rights granted to Grantee under this Easement.
8. Covenants Run with the Land. The covenants, rights, restrictions, reservations and
Easement herein set forth are and shall run with the land.
9. 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
[18-CZM-00245/1398609/1] 2
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.
10. Termination. All rights granted hereunder shall automatically terminate on December
31, 2028 without the necessity of any further instrument of record. This Easement may be
amended, altered, released or revoked only by written agreement between the Parties hereto.
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed this
ay of lJC r'- A , 2019.
THE PRINCE CONDOMINIUM OWNERS
Wit ASSOCIATION, INC., a Florida not-for-profit
corporation
.
By: Ve,\J,
Witness Sign.' Name:
Title: ��5 <� ' 13
Print Nam u* .<i Tie ice.
GRANTOR
'—s
Witness Signature 4g6&Print Name: CD
STATE OF 1-2-0-t
COUNTY OF C7 ' �-� / -^
The foregoing instru s acknowledged before me this jG�day of� (/(,LAV ,
i- -d
2019, by �l� ._..rix- as z�h on behalf
of The Prince Condominium Owners Association, Inc., a Florida not-for-profit corporation.
rsonally Known to Me -or- ❑ Produced as Identification
dam
Tv
1NO , Y Py5.31,..1 /
Print Name: .1 C'i: Nlt" A b r
My Commission #
Expires: o c2-
Approved as to for an J legality
` Notary Public State of Florida
• .j �C -i't .lel"lyC'll
�� �. k 4. kfL' anmiision GG 117063
Jennifer A. Belpedio,Ass unty Attorney } a ' p as oer20/2u21
[1 8-CZM-00245/1398609/1] 3
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+!.a. OR 876 PG 2007
.is..ree.
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LEGAL DESCRIPTIO• N
A parcel of land lying to Section 17 and. 1B, Township 52 South, Range 26 Last,
• Collier County, Florida and being more particularly described as 101 low$ — •
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COMMENCE at the intersection of the centerllnet of State Road 92 and South
Collier Boulevard, as shown on the plat of Marta Beach Unit Seven, as recorded
' i in Plat Book E' pages 55 through 62 latluslve of the Public Records of Collier
County, Florida; thence South 29'-13'-35" East along said centerline of South
Collier Boulevard a distance of 153.31 feet; thence South 60'•46'•25" West a
distance of 50 feet to the West Right-of-Way line of Bald South Coiltar Boulevard,
said Point being the beginning of a circular curve concave to the Southwest
having a radius of '9950 feet; thence Southerly along said Wast Right-of-Usy line
and along the arc of said curve through a central angle 1f 03'•27''02,b" an arc
i '' distance of 599.25 feet to a concrete monument and the POINT OF BEGINNING of the -••»-
parcel of land hereinafter described; thence leaving said curve South 63'-34'•22"_ =-
• West a distance of 470.78 feet to a concrete monument; thence continue
' South 63'-34'-22" West 212.28 feet more or less to a point hereinafter known as
Point "A" andthe Approxlmate Mean High Water Lina (alevptlon •1.5 contour) of` ;,�,
• ' the Gulf of Mexico as it existed on August 8, 1917; thence return again to the r �.
POINT OF BEGINNING and continue Southerly •long Bald tircult►turve concave to the .
Southwest having a radius of 9950 feet and along the Westerly Right-of•Way'11ne �,
of South Collier Boulevard and along the arc of said curve through • central `i"'r
t angle of 01'-54'•12.5" an arc distance of 330.56 feet to a concrete monument;
1 thence leaving said curve South 65'•59'•21" West a distance of 4B7.55 feat to
a concrete monument; thence continua South 65'-59'-21" West 20b.45 feet more or
less to the Approxlmate Mean High Water Line (elevation *1.5 contour) of the
,r Gulf of Mexico at It existed on August 8, 1977;
thence meander Northerly along
said Approximate Mean High Water Line (elevation +1.5 contour) 302 feet more or
leis to the aforementioned Point ''A" and the POINT OF TERMINATION.
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' • '.t 1 I` •containing 5.00 acres more or less,
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if ' it CERTIFICATE
if WE HEREBY CERTIFY to Power Corporation that a survey of the described property
' was made under our direction on September 12, 1978. €;,`
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- WILSON, MILLER, BARTON, SOIL t PEEK, INC. •
t, 1 Reg. Engineers and land .Surveyors - • r
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` BY ,, •'.�, /// i' f?. 4---
_a •- : _ ' P.I.S. •' q `
• 1 + M{Ibur M. Christiansen, Jr.- '.
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"EXHIBIT A"
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