Parcel 701 (Van Dev, Inc.)
l PROJECT: Beach Restoration 2004
3 FOLIO: 22870200005
PARCEL: 701
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY ~EACH RESTORATION EASEMENT (hereinafter referred to
as "Easement") granted this II day of ----1' I.u1.L. ,2004, by VAN DEV, INC.,
a Florida Corporation whose mailing address is c/o Charles E. Johnson, 144 Tower Drive, Burr
Ridge, IL 60527 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 Grantor this Temporary Beach
Restoration Easement (hereinafter referred to as "Easement Property") described as follows:
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 487, Page 126 of the Puqlic Records of Collier
County, Florida, a copy of which is attached 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 construction of 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 permanent 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.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
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THIS CONYEYANCE ACCEPTED IV THE
~rYlr c~Y COMMISSIONEItS,
PUlSUAWT TO''''' FLORIDA,
D.a AGENDA,
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Temporary Beach Restoration Easement
OR: 3634 PG: 2982
6. Grantor's Obliaation. 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 terminate on December 31, 2024
without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property
IN WITNESS Wl::!.EREOF, the Grantor has caused these presents to be duly executed
this 1/ day ofJ U 17 -t:-. , 2004.
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itness (Signature) _
Name: CJ{-AI-L[f,.- 1// T-"fl..r
(Print or type)
Van Dev Inc., a Florida Corporation
By' ()I\--
. _I ~resldent -(Name)
Name and Address: Brian Schomacker
IPrint or type)
1 000 Gulf Shore Drive, N.
Naples, FL 34108
(Address)
STATE OF F/B.:;i (;I~
COUNTY OF . I. V
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this II day of ..Tune..- , 2004 by 5"'01'7 -'::}"hOMiiLJ<>V (President), on
behalf of Van Dev Inc., a Florida Corp., who is personally known to me or who has produced
as identification. - -
. ICMLAL
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(Signature of Notary Public) '.
/(/(j v({1 L. [Fe? c?2/ iL
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
(affix notarial seal)
as to f~r~leq81 :f?ir,enCy
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Assis ant Countj AttorneJ
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