Parcel 708-N (Gulf Shore Development)INSTR 4885561 OR 4961 PG 1941
PROJECT: Beach Restoration 2013 RECORDED 9/3/2013 2:54 PM PAGES 2
FOLIO: 12787520008 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
PARCEL: 708 -N COLLIER COUNTY FLORIDA
THIS DOCUMENT IS BEING RE— RECORDED REC $18.50
TO ADD MINIMUM DOCUMENTARY STAMPS. —
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPO ACH RES RATIQN EASEMENT (hereinafter referred to
as "Easement ") granted thi day of vs-t- , 2013, by GULF SHORE
DEVELOPMENT II, LLC, a Florida limited liability, mpany , whose mailing address is 5974
Taylor Road, Suite 5, Naples, Florida 34109 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 on 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 ten feet of Lot 1, Block S,
the Moorings, Unit No. 2, per Plat recorded in Plat Book 3, Pages 83 and 84,
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, 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
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 notif;r 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
INSTR 4886257 OR 4962 PG 556
RECORDED 9/6/2013 8:53 AM PAGES 2 RE- RECORD
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @.70 $0.70 REC $18.50
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any
and all such damage.
CA01
Temporary Beach Restoration Easement 2013
Page Two
Parcel: 708 -N
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.
9. Termination. All rights granted hereunder shall automatically terminate on
December 31, 2028 without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property
ITNESS W REOF, the Grantor has
this ��'' day of v sue' 12013.
Title.
caused these presents to be duly executed
l; n 0-44AAhA-2
,- Witnes (Signature)
Name: �, Au e a , ► n: ✓
(Print or type)
V .. ness Signature)
Name: 1 c�c�, ku" � oo
(Print or type)
STATE OF��►�G�
COUNTY OF CC � I (e "
Gulfshore ev ment LC, a Florida limited
liability c a
By:
Print Name: a�
Approved as to form and legality
Assistant Count ttorney
The fore g in TEMPORA Y BEACH RESTORATION EAS ENT was acknowledged
before a this r�day of ., 2013 by an Lan (Name),
C . (Title), on beQhIf of Gulfshore Development 11,1 LLC, a -Florida limited
liability co any who is_Rersonafly known to me or who has produced
as identification.
(affix notarial seal)
— — am,
SE WONG
DEMI—
otary Pvbk - Stab of Florida
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y Comm. Expires May 14, 2017
Commission / EE 879527
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(Signature of Notary Public)
Deh l S� [ 0,11r
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #:
My Commission Expires: S
Me