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Parcel 753-N (Poitras) INSTR 4883403 OR 4959 PG 2701 RECORDED 8/27/2013 2:32 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT PROJECT: Beach Restoration 2013 COLLIER COUNTY FLORIDA FOLIO: 04280520005 DOC @.70$0.70 REC$18.50 Parcel: 753-N TEMPORARY BEACH RESTORATION EASEMENT THIS TEMPORARY BEACH RESTORATION EASEMENT(hereinafter referred to as "Easement") granted this A. O BEACH, ,RESTORATION of U,(4 U—' T , 2013, by JAMES P. POITRAS and JOYCE W. POITRAS, husband and wife, whose mailing address is 21 Gulf Shore Boulevard N, Naples, Florida 34102 as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 2800 N. Horseshoe Drive, Naples, Florida 34104, 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 more particularly described as the South 38 feet of Lot 3, and all of Lot 4, Block 21, Tier 1, Buena Vista subdivision, according to the plat in Plat Book 2, Page 97, 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 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, o_ _ • •_ _ .• - -. - .- - a.. _ -- ..- . • .. •fik i72Fe1 U51"1, J6-0e-T A-rieW/1,)y [3 12eino 61) i Qtoime D OR _W?r✓itiGeb 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 9 Y P 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: Gary McAlpin, PE—Manager Coastal Zone Management Collier County Government 2800 N. Horseshoe Drive Naples, FL 34104 Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any and all such damage. 6. Grantor's Obligation. 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. Temporary Beach Restoration Easement 2013 Page Two Parcel: 753-N 9. Termination. All rights granted hereunder shall automatically terminate on December 31, 2028 without the necessity of any further instrument of record. This is Homestead Property IN W NESS4UEREOF, the Grantor has caused these presents to be duly executed this P,Crt.h day of , 2013. Witness (Sinatu e mes P. Poitras Name: /VI ! C O �o /(Print otype) • ALL/ . 'd Witi s (a• - ) Na ..41/At (Print or I e) STATE OF Flo Nda_ COUNTY OF C011161."'' The foregoing EMPO ARY BEACH RESTORATION EASEMENT was acknowledged before me thi day of , 2013 by James P. Poitras who is personally known to me or who has produced • as identificati•-. (affix notarial seal) (Signatur-� Not'Pu 1. .vr• �. .I1J4 /1/ L' ' or) :0 Notary Public State in Florida (Print Name o NIL" Pubic I Mariana J McLaughlin AT My Commission DD982175 NOTARY PUBLI or V dExpires 04/14/2014 ' �ti 1 Serial/Commission#: DD My Commission Expires: -1441. Witness (Signature \\ U J./c-/ . Poitras Name: /V/C/-14 UO1../4. (Print or pe) li Ui/,, ./ 4111 (Print or , "•-) STATE OF COUNTY OF Collier" The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me this filth day of , 2013 by Joyce W. Poitras who is personally known to me or who has produced identificati• / (affix notarial seal) AN/. J4r� (Signa - f '� c) IL At t 0, fort 00._ Notary Public State of Florida (Print Name o wary •:v. i 4 • • Mariana J scion )Min NOTARY PURL ' a� Q ` 'l4 ' My Commission DD982175 C, e,O Expires 04/14/2014 Serial/Commission#: My Commission Expires: Approve• as to orm and egality 1 A:aistaat ty A P • �C1I.•I44, `' - "• Memorandum rl fO RIP � TO: Minutes & Records Management FROM: Marlene J. McLaughlin Property Acquisition Specialist Real Estate Services DATE: September 3, 2013 RE: Beach Restoration 2013 (Coastal Zone Management) PARCEL NO.: 753-N Please find attached one (1) original recorded Right of Entry for the Poitras parcel in the city of Naples for the above referenced project. Please contact me if you have any questions or comments at Extension 8922. Thank you.