Parcel 711P (Holden)
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PROJECT: Beach Restoration 2004
FOLIO: 66667503654
PARCEL: 711 P
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY ~ACH RESTORATION EASEMENT (hereinafter referred to: ~ ~ --
as "Easement") granted this Z2 day of ,rY7aA!/!.h ,2004, by CHRISTINE ES -;;;_ ~
HOLDEN, as Trustee of the Christine E Holden Revocable Trust, dated October 21, 1996 ~ ;;: "'"
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whose mailing address is 7607 Bay Colony Drive, Naples, FL 34108, 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 en
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 2332, Page 1227 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 thiB Easement ~hall be fotrictly limited to end fer 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
:1cgl;gancc.
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. rHiS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTy COMMISSIONERS
COLLIER COUNTY, FLORIDA ·
1 '~URSUANT TO AGENDA ·
JATED: 7~J."'~DL.j ITEM NO. l{g c.. 10
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- Temporary Beach Restoration Easement
OR: 3634 PG: 2957
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 slich steps a.s shall be necessary ar;d approp:-iate to securt."';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 WHEREOF, the Grantor has caused these presents to be duly executed
this ~11<lday of /J1&ff".L , 2004.
~~
E HOLDEN, as Trustee of the
. tine E. Holden Revocable Trust, dated October 21 ,
1996
7607 Bay Colony Drive
Naples. FL 34108
Witness (Sign ure)
Name: ~un,il~~n~
(Print or type)
STATE OF J-ll.l tio i'~
COUNTY OF COOK
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this<22I'1\~ day of fYlOvftA... , 2004 by CHRISTINE E. HOLDEN, as Trustee of
the Christine E. Holden Revocable Trust, dated October 21, 1996, who is per~opally known to
me_,." ~8. ~rod"G~d om. ., jY;;. 7V'
(affix notarial seal) y~~
(Signature of Notary Public)
G\rho~~~~ YA~ ;~t'ili
(Print Name of Notary Public)
"JOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
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EXHIBIT
This instrument prepared ~AGE \
Da\lid G. Erickson
1625 Shermer Road
Northbrook, IL 60062
A
OF \
2206863 OR: 23321PG: 1227
lJCOROID in OmeIAJ. ueoROS of COLLIII covm, rL
07/1'/'7 at 12:3('1 DIIGBT I. BIOCI, CLJII
lie m 15.01
DOC-.70 .71
letn:
DAVID mCISOI
1625 SHllIJllD
IOITDIOOI IL 50062
Mail future tax bills to:
4?"-' . ~!f!:' ~ ~ .~,,~~ 67/' 'f dr
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Tax Folio Number:
66667503654
QUIT CLAIM DEED
THIS QUIT CLAIM DEED, executed this L day of {)L~
JAMES F. HOLDEN AND CHRISTINE E. HOLDEN, hUS~ and wife
, 19 f7 by
first party, to CHRISTINE E. HOLDEN, AS TRUSTEE OF THE CHRISTINE E. HOLDEN
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REVOCABLE TRUST DATED OCTOBER 21, 1996
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whose post office address is 18-3, E. Dundee Road, Suite 204, Barrington, Il 60010
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second party:
/Wherever lIlIed herein. the terms 'IIm party' and 'second party' shaUlnclude singular
and plural. helrs. Ieoel representativee. and auigna 01 individuals. end the succes.ora .nd
a.signa 01 corporation.. wherever the context so admits or require..'
WITNESSETH, that the said first party, for and in consideration of the sum of
$1,00, in hand paid by the said second party, the receipt whereof is hereby
acknowledged, does hereby remise, release and quit cfiam unto the said second party
forever, a/l the right, title, interest, claim and demand which the said first party has in
and to the following described lot, piece or parcel of land, lying and being in the
County of Collier, State of Florida, to-wit:
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Site 9, THE STRAND, NORTH POD, being a portion of Tract
A, PELICAN SAY UNIT EIGHT, as more particularly
described on Exhibit "A" attached hereto and made a part
hereof by reference.
TO HAVE AND TO HOLD the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right,