Parcel 730 (Vanderbilt Beach, LLC)
PROJECT: Beach Restoration 2004
FOLIO: 27480360000
PARCEL: 730
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION E;ASEMENT (hereinafter referred to...... _ "., ".,
as "Easement") granted this -d.D-~ day of m it y cf,. , 2004, by VANDERBIL T~ ~ ~ g
BEACH, L.L.C., a Florida limited liability company, whose mailing address is 5551 Ridgewood:;: ~ ~ --
Drive, Suite 203, Naples, Florida 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 COLLIER i: ~
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 seaward of the seawall located on the property
described as follows:
A strip or Parcel of land on the shore of the Gulf of Mexico, in Section 32,
Township 48 South, Range 25 East, which is more particularly described as
follows:
From the quarter section corner on the East line of Section 33 in said
Township and Range, run Southerly along the East line of said Section for
68.5 feet; Thence run Northwesterly at an angle of 79030' North to West with
said section line for 7,234.5 feet, along the centerline of the right-of-way for a
County road described in and conveyed by deed recorded in Deed Book 15 at
Page 121; Thence deflect 72006'10" right and run Northwesterly along the
Westerly side of a 70 foot wide road right-of-way for 1356.59 feet and the
PLACE OF BEGINNING:
Thence continuing along the Westerly side of said road right-of-way, N
8024'30" W 100.00 feet; Thence S 81035'30" W 281 feet more or less to the
approximate mean high water line (1.5 N.G.V.D. contour line) as observed at
January 21, 1983; Thence Southerly along the approximate mean high water
line (1.5 N.G.V.D. contour line) as observed January 21,1983,100 feet more
or less to a line bearing S 81035'30" W from the Place of Beginning; Thence N
81035'30" E 278 feet more or less to the Place of Beginning.
Bearings are based on those shown on the Plat of Unit No.1, Conner's
Vanderbilt Beach Estates as recorded in Plat Book 3, Pages 8 and 9 of the
Public Records of Collier County, Florida.
The above described Parcel is a portion of Lot XIII, Block A, Unit No.1,
Conner's Vanderbilt Beach Estates of a Parcel marked "not included in this
plat" as recorded in Plat Book 3, Pages 8 and 9 of the Public Records of
Collier County, Florida.
This is a non-exclusive Easement with Grantor reserving the right to continued free use of
the Ea.co~cnt Prcpcrty in a manner not :~Co!1s!!:tent '!.'ith 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
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY eOMMISSIONERS
COlLIER COUNTY, FLORIDA ·
1 PURSUANT TO AGENDA ·
DATED: J~~7 -o'L ITEM NO. IE, c 10
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Temporary Beach Restoration Easement
OR: 3634 PG: 2924
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 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.
6. Grantor's Obliqation. 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 Reoreser;tations. Granter ack::ow!edges that Grantor is the la'J'.rfu! 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
E~I;Q~r the Grantor has caused these presents to be duly executed
IfflGrr , 2004.
VANDERBILT B
limited Iiabilit
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(Print or type) 5(.(.( IY. 203
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Witness (Signature)
Name: ISl7he !IE
(Print or type)
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Temporary Beach Restoration Easement
*** OR: 3634 PG: 2925 ***
STATE OF ~\ Ot ,&<--
COUNTY OF Co \l:v-
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was
acknowledged before me this c2 day of \'JIr"I-C \~ , 2004 by
Kp~~ ~ .Sh4 ~(Managing Member), on behalf of Vanderbilt Beach, L.L.C., a
Florida limited liability company, who is personally known to me or who has produced
..0 ( A as identification.
(affix nolanal seal) ~~~~~~) (91Al~
~:y:~:.~t;", Michelle M. Quevedo
/I:..'-JJ)."'lf:-:. Commission # 00275360
~..:&1i} Expires April 19. 2006
";f.'a'~1f-"~TroyFIin _.Inc: ~1ll1'
,,-,,"-"
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
~a 1:_!~'~':::el
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