Parcel 799P (Crown/City of Naples3940936 OR: 41140 :1tj
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
12/05/2006 at 08:44AN DWIGHT E. BROCK, CLERK
REC FEE 35.50
Retn:ATTH: T NORMAN DOC -.70 .70
CITY OF NAPLES
735 RTH ST S
NAPLES FL 34112
1 PROJECT: Beach Restoration 2004
FOLIO: 14000520000
Parcel: 799p
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
as "Easement ") granted this day of October, 2006, by BARBARA A. CROWN and
REALTY HOLDINGS, LP, a Pennsylvania limited partnership, whose mailing address is c/o
Kenneth R. Johnson, Esquire, Goodlette Coleman & Johnson, P.A., 4001 Tamiami Trail North,
Suite 300, Naples, Florida 34103, as Grantor, to the CITY OF NAPLES, whose mailing address
is 735 Eighth Street South, Naples, Florida 34102, 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 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 there from 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
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
Temporary Beach Restoration Easement
Page 2 - Folio # 14000520000
OR,��U
damage, to notify Grantee in writing, in care of the following individual and address, by certified
mail, return receipt requested:
Dr. Robert E. Lee, City Manager
City of Naples
735 Eighth Street South
Naples, Florida 34102.
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for
any and all such damage.
6. G_ rantor'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.
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 6 A% day of October, 2006.
Signed, Sealed and Delivered
In the Presence of:
• 1_I . I - ,J,
Print Name: /
Signed, Sealed and Delivered
In the Presence of:
1
Print Name: w
BARBARA A. CROWN
c/o Crown Management
207 Cherry Hill Drive
Presto, Pennsylvania 15142
REALTY HOLDINGS, LP,
a Pennsylvania limited partnership
By: B & B ACQUISITION CORP.
Its: General Partner
CROWN,
President
c/o Crown Management
207 Cherry Hill Drive
Presto, Pennsylvania 15142
R: 4140 ?6` 1
Temporary Beach Restoration Easement
Page 3 - Folio # 14000520000
STATE OF FLORIDA
COUNTY OF COLLIER
The fore g * TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this day of October, 2006 by BARBARA A. CROWN, who is personally known to
me or who has produced as identification.
Notary Public tatr� at JgartA�
Print Notary ��
My Co mmission Expires:
i.— — —
.♦•Y, tih . KEW*TH R. JOHNSON
(N o Nobly Public - SOD of Fb*
Comma M ExOn Apr it 2020
ConvnW n S DD 537042
its `�� Bonded By Nsnonsl Notary Am.
STATE OF FLORIDA
COUNTY OF COLLIER
The foreg i�g TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this fryer day of October, 2006 by ROBERT A. CROWN, who is ,D_ercnnally knriw to
me or who has roduced as identification, as President and on behalf of
B & B ACQUISITION CORP., as General Partner and on behalf of REALTY HOLDINGS, L.P., A
PENNSYLVANIA LIMITED PARTNERSHIP. ,
Print Notary Name
My Commission Expires:
(Notary Seal)
bmdb go
" ": by KENNETH R. JOHNSON
Nofny Panic - SWt of FbAda
♦ n EXOM Apr 16, 2020
Bakled� S DD 537042
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Temporary Beach Restoration Easement
Page 4 - Folio # 14000520000
Exhibit "A"
Legal Description:
OR: 4146
The South 175 feet of Block 4, Tier 1, less the Easterly 150 feet thereof, of the TOWN OF
NAPLES, according to the map or plat thereof now on file and recorded in Plat book 1, at Page
8, of the Public Records of Collier County, Florida (Collier County Tax Folio Number:
14000520000).