Parcel 709P (Galloway)
L4
PROJECT: Beach Restoration 2004
FOLIO: 66667503751
PARCEL: 709P
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to"" ~ ... ..
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as "Easement") granted this <0 day of f (' -\ \ , 2004, by THOMAS R.::: ~ ;:!
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GALLOWAY, SR. JOINED BY HIS WIFE CONNIE GALLOWAY, whose mailing address is~ ~ ...
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7621 Bay Colony Drive, Naples, FL 34108 as Grantor, to the BOARD OF COUNTY 1:: ~
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COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF ~
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COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD ,OF THE COLLIER ~
COUNTY WATER-SEWER DISTRICT, whose mailing address, is 330l.EasCTamiami 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, arid 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 2523, Page 681 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
negligenco.
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 beccming 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.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA ·
PURSUANT TO AGENDA ·
DATED: ].;l. "7 - l)'-I ITEM NO. f~ C 10
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OR: 3634 PG: 2949
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 ~ranted 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 HOMESTEAD Property
~~
omas R. Galloway, Sr.
7621 Bay Colony Drive
Naples, FL 34108
igFlatur.e.) l IJ.
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(Print r type)
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Connie Gallowey' ~ '
Address: 7(;2{ ~ ' ~
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STATEOF ~L
COUNTY OF nLl\l.O
The foregoing TEMPORA~ BE;ACH RESTORATION EASEMENT was acknowledged
before me this &; day of ib1 \ , 2004 by Thomas R. Galloway, Sr., who is
'personally known to me or who has produce~ __ as identification.
(affix notarial seal) JJ(.A'\ ~ ~~
(Signature of Notary Public)
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(Print ame of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)])I) f wLfS<0 b
My Commission Expires: (0. ( . ;;).iJ[;t'=)
~l\. Ktren C Stevensoo
;.~ j My Commission 00064590
....lIIf1.cl"- expires October 1.01, 2005
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OR: 3634 PG: 2950
STATE OF '\'L
COUNTY OF e,o\\\ CO
The fOregtng TEMPO~BEACH RESTORATION EASEMENT was acknowledged
before me this day 0 \ , 2004 by Connie Galloway, WO is personally
known to me.or; who has produced as identification. ---
(affix notarial seal) ~lU'\. c.. c;t Q.v-0f\unl
(Signature of Notary Public)
\L.~ a.,~ C. 0\ (0\)DA 'GO;)
(Print Name of Notary Public)
NOTARY PUBLIC
Se:-ial/Commission #:(if any) JfB-()4:>469D
My Commission Expires: l' (If' Ol.oCSS
~ Kartn e StI\IIftIO"
, ..., . M/ eommlsaion D[)0&4590
~Oft;l ElqIIr.. QeU)bel14. 2005
-:1t~"' ~,./t':mCl"~
Assistant Countl Attorney
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**r OR: 2523 PG: 0681
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EXHIBIT - A -
EXHIBIT
PAGE I
(Legal Description of the landI
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\VILSON, MILLER, BARTON & 'PEEK. INC,
EnsUwcn. PtJ,l'lncn, Surteyon, LaocIscapc Arcbluctl, En.;ronmn"a' Conlulunu &. Conllruaioft Manl..,"
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Description of part of Tract A,
Pcl1can &y Unit Eight,
Plat Book 15, p1lges 27 thro!Jgh 29,
Collier County, Florlda
(North Pod. Site 11)
Alllhac part o(Tn.ct A, 'Pellcan Bay Unit Elghl, as recorded in Plat Book 15, pages 27 through
29 lnelu~lve of the PubUc Records of Collier County, Florid.. Ind being more panicululy
de.3cribcd u follows;' '\ :
Commencing at the southwesterlymost comer o( Parcel 2. conscrvation area (D.E.R. Permit
111.503769) u shown on nld plat;
thence Llong the Sl2.te o{Florldl. Deputment o( Natur:ll nesourees and Cottier County Coasul
ConstrucUon Control Une- (per C.C.L.B, It pages 13 through 25, recorded July 29, 1980),
South 11-23'56- wt~'132,31 feet 10 tho POOO OF BEGiNNING o( the p:l.tcel herein
described;' .'
thence la.vinl s'ald.Colller County CoUUl Corutructlon Control Une, North 78-36'04-
. Ea..st 51.99 feet;..
thence South ~~45'OO- Ea.stl09.61 (eet;
thence 27,85 feet along the ire: ora drCular curve concave southwesterly, having a radius
of 345,00 feet, through t centnJ. an~le of "-37'29- znd beinl subtended by a chord
which bc:us South'23~6'15w E.ut 27,84 feet; , ,
thence Llong a nO/H.tngentie.J line, South:79-20'46- 'West 85,19' feel to the said, Collier
County Co:l.suJ COnstruction Control Unei .', ,
thence contlnuingSouth 79-20'46w We.st236.97 fcet to the Mean High Water Line (1.5
NGVO contour line'observed November 1987);
thence e.Jonr u.ld Mean High Water Une, North 10-02'52- West 62.05 feet;
thence cont!nulng along nld Mean High Water Line, Nortl1I0.3S'47- West 67.20 feel;
. thence le:lving said ~C).n High Water Une, North 78-36'Q.4" wl234.83 feet 10 the said
Coltler County COa,3Ul Construction Conlrol Line and the Point of Beginning;
conu.lnlnc .92 acres more or les.s;
suhJCC110 elUemenU and'rcsuictions of record:
burings are usumed IIld b~ed on the southerly line of said Tnet ^. as being West.
WILSON, MlI.l...ER, 'BARTON &. PEEK, INC,
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