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Parcel 731-N (Blanton)INSTR 4885562 OR 4961 PG 1943 RECORDED 9/3/2013 2:54 PM PAGES 2 PROJECT: Beach Restoration 2013 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT FOLIO: 20986000081 COLLIER COUNTY FLORIDA Parcel: 731 -N REC $18.50 'PHIS DOCUMENT IS BEING RE— RECORDED TO ADD MINIMUM DOCUMENTARY STAMPS. TEMPORARY BEACH RESTORATION EASEMENT THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as "Easement ") granted this IS day of 12013, by ROBERT L. BLANTON and SARA BOYD BLANTON, husband and wife, Aose mailing address is 649 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 on the sandy beach seaward of the seawall on the property of the tract or parcel of land lying within the parcel of real estate more particularly described as Lot 4, Vista Del Mar, according to the plat thereof, recorded in Plat Book 25, pages 12 and 13, 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 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 INSTR 4886258 OR 4962 PG 558 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. 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. 0 Temporary Beach Restoration Easement 2013 Page Two Parcel: 731 -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 WA ITNESS WHEREOF, the Grantor has caused these presents to be duly executed this /J day of A%L%— 12013. I (Print or type) - STATE OF Elon'A COUNTY OF 11) l (I P✓ Rob rt L. Blanton The foregoing XEMPOfARY BEACH RESTORATION EASEMENT was this %S'k\ day of k 2013 by Robert L. Blanton is who has produced as ident' ' 1 (affix notarial se \\IIIII es 1111212014 HIM PUBIIC Commission # ' %, /csj;••.,EE033888..•,Q \ \\ TF 0 F r.\� \. / //Jill111W\�\ Na (Print or type) STATE OF Rion -dA, COUNTY OF 6111' iowlelaed-12etore me ally known tom or (5ignatuye of Notary rudnc) • /��L 7� tm, f Ye. (Print Name of Notary Publidy NOTARY PUBLIC Serial /Commission #: My Commission. Expires: _ Sara Boyd Blant �,� Approved as to form and legality c Ck �-=�- Assistant Coun orney The foregoing EMPORARY BEACH RESTORATION EASEME1 this /,W day of fV# 2013 by Sara Boyd Blanton N who has produced as identifi a�on� / (affix notarial seal) ;11212014 ''• • �Q���r Qy���c • •' mission � C�EE033666..`N OF rsonally known to me (Print Name of Notary Puti4it;) NOTARY PUBLIC Serial /Commission #: My Commission Expires: me