Parcel 709 (Thompson)
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PROJECT: Beach Restoration 2004
FOLIO: 27530480005
PARCEL: 709
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to: E ~ -.
as "Easement") granted this Ii /-~ day of mltf'C h , 2004, by BERNARD J. S S ~
THOMPSON AND JEAN M. THOMPSON, Husband and Wife, whose mailing address is 35~ ~ ::
Heritage Hill Road, Windham, NH, 03087 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 1689, Page 846 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. Tho Easement may be used by Grantee, irs 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
Grantcr'~ prcperty, Gr3.r1tc!" ;?gr~e~, '.A.'!!h:n ~G\../':'n (7) d~~'s of bet;0rn!""!~ e'.'\':!re 01 ~.~~! su~h
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. THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
1 PURSUANT TO AGENDA '
DATED: J ~~ 1 - p 4 ITEM NO. \ (.. c... , D
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OR: 3634 PG: 2963
Temporary Beach Restoration Easement
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 automatically terminate on
December 31, 2024 without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property
IN WITNESS WHER~OF, the Grantor has caused these presents to be duly executed
this J \}-\r.. day of \)V\~ , 2004.
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Name: ( /.4",,' ,
~ (~. or Type)
Wi ness ASignat re) '.'
Name: t<.O&.~1 Neywt.tU
(Print or type)
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Bernard J. Thompsdi{
35 Heritage Hill Road
Windham, NH 03087
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Itness (Signature)
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Je M. Thompson
35 Heritage Hill Road
Windham, NH 03087
Wi neSSR(Sign8;~Ure)
Name: oB~LT (-\c.nItr'(UJ"l1.(
(Print or type)
STATE OF ^hv.J {./~-1J~k~-
COUNTY OF Hdlsp.,rc
(affix notarial seal)
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OR: 3634 PG: 2964
STATE OF !Jew d~psti/
COUNTY OF /-I-.{ i s1 Co .~ ()
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The foregoing, TEMPORARY BEACH RESTORA TIO~ 1J'~/JYas acknowledged
before me this /f~ day of M.N'''~ ,2004 by Je#M.,.. hQti;fI?S,~~ho is personally
known to me or who has produced 1,J ~ .' J .~c:: '!~s ,e_ W. iq~tifi . ~ffi.~..;6';::-~
- f1] SO' 'n,
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(affix notarial seal) " =: ~. ,:.:::
(Signature 6t . ", ~~~I,ip)' ffi ()
b A~:-~ffi',,~\\~~i ~..'t ( oX
(Print Name of Notary Public)
NOTARY PUBLIC I
Serial/Commission #:(if any) p( I}
My Commission Expires: !+Pi;l d- ~ ,~OO~
.~tJ~! ~ '~'11~1 ,.'''~' -
~ COijntJ Attorney
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01560329
COlUER COUNTY
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RECORDED
WAItRAN'l'Y
1689
OR BOOK
DBBD
~'1'biS Warranty Deed ..de and executed this ~\Js\- day of
~ ~ I 1992, by A. DewI'I"1' SllIft an 8ARBARA W.
~ TII, BU.ba,.. ud Wife, as tenants by the entirety, bereinafter
~_i6CAlled the Grantor, to BERIIARD J. 'lBOIIPSON and JEAN M. 'l'IIOMPSON,
un au.band and Nife, whoae post office address is 35 Heritage Bill
INO-----Road' Nindhaa, Yew Baapshice 03087, bereinafter called the
- Grantee:
qSO.CtJO.eD
(Whenever u.ed herein the ter.. "Grantor" and "Grantee"
include all the parties to tbis instru.ent and tbe heirs, legal
repre.entatives .nd a.signs of individual., and the succes.ors
ADd a..ig08 of corpor.tions).
WITBBSsBT8: that the Grantor, for and in consideration of
tbe .... of $10.00 and other good and valuable consideration,
receipt of which is hereby acknowledged, by the.e presents does
grant, bargain, sell, alien, reaise, release, convey and confirm
UDtO the Grantee, all that certain land situate, lying and being
In the State of Florida, to wit:
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t! delivered in our pre.ence:
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Lot 42, Block A, Replat of Unit '1,
CClIIhml:' S VAIlDBRBILT BEACH ESTATES, as per
plat tbereof recorded in Plat 300k 3,
Page 18, Public Records of Collier
County, Florida.
Property Polio No. 27530480005
Grantee Tax I.D. No. 015-28-5275 (8JT) and
020-28-0934 (JMT)
'logetber w1th all tbe ten...nt., hetedli;4iiliiiitii
appurtenance. tbereto beloli9ing or any wise appertaining.
bay. and to bold the s... in f.e si~le forever.
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To
'!'be Grantor bereby covenants witb said Grantee that Grantor
i. lawtully ..ixed of said land in fee sillplf!1 that Grantor has
900d right and l.wful autbority to sell and convey said lal!~1
tbat Grantor hereby fully warrants the title to said land and
will defend the .... against the lawful clai.. of all persons
.mc..oev.r I and that said land is free of all encu.brances except
restrictions and ......nts ~n to the sUbdi"ision, outst.nding
oil, ga., ud ~neral interests of record, if 3ny, and ad valor..
real e.tate taxes tor the current year.
In witness whereof the said Grantor bas set Grantor's hand
and ...1 the day and year first above written.
Signed, sealed .nd
.1.1JJJJ ,;:;Ji
A. DBWI'l"1'SMITB
Address: 1285 Gulf Shore Blvd., North
Naples, FL 33940
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If. SlUTII
Address: 1285 Gulf Shore Blvd., North
Na~les. FL 33940
8'1'Aft or FLORIDA
COOIft'Y or COLLIBR
C\Ll The torego..llaQ. instrlDlent was acknowledged before .. this
~ day of ~~ ' 1992, by A. DewITT SMITH and
a/ddp/13433-04
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