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Parcel 725-N (Whitesell)INSTR 4885563 OR 4961 PG 1945 RECORDED 9/3/2013 2:54 PM PAGES 2 PROJECT: Beach Restoration 2013 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT FOLIO: 14101560008 COLLIER COUNTY FLORIDA PARCEL: 725 -N REC $18.50 A A TEMPORARY BEACH RESTORATION EASEMENT U E-+ THIS TEMPOF�AR,Y BEACH RESTORATION EASEMENT (hereinafter referred to as "Easement ") granted this L�'t —h day of {- �G�.., (ksf 2013, by NEIL L. WHITESELL and wrx TRACY L. WHITESELL, husband and wife, whosLJ mailing address is 779 Gulf Shore Boulevard North, Naples, Florida 34102 as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida, Hwhose mailing address is 2800 N. Horseshoe Drive, Naples, Florida 34104, as Grantee. w (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument H and their respective heirs, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the mutual benefits to be derived from Z the Collier County Beach Restoration Project, and other good and valuable consideration, hereby grants, c� bargains, and conveys to the Grantee this Temporary Beach Restoration Easement on, over and upon the A AA following described property (hereinafter referred to as "Easement Property "): C/1 C HH Ail 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 a portion of a replat of Block 29, Tier 1, Plan of Naples, all lying in Section 4, Township 50 South, Range 25 East, City of Naples found in Reference Book 4, Page 35 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, 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 INSTR 4886259 OR 4962 PG 560 Coastal Zone Management RECORDED 9/6/2013 8:53 AM PAGES 2 RE- RECORD Collier County Government DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 2800 N. Horseshoe Drive COLLIER COUNTY FLORIDA Naples, FL 34104 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 Easer—nent. 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. C] Temporary Beach Restoration Easement 2013 Page Two Parcel: 725 -N This is not Homestead Property IN WI NE S REOF, the Grantor has caused these presents to be duly day of 2013. t Si nat Neil L. Whitesell e:� k I/A-96tq (Print or type) Vvitness "S" at DD Name: b 0 V— (Print or type) STATE OF `I0r COUNTY OF C-0 LCr 2B H—, The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me this _'Z,,C day of 2013 by Neil L. Whitesell who is personally known or who has produced as identificatio (affix notarial seal) 10 AudreyBrodcweliYoung (Sig ture o tary P Iic NOTARY PUBLIC STATE OF FLORIDA Comm# EE103575 u Expires 7 /9/2015 (Print Name Notary lic) NOTARY PUBLIC Serial /Commission My Commission Expires: ks- IN WITNESS W EREOF, the Grantor has caused these presents to be duly executed this 2�k day of 2013. 71 ness S na ) ame: ` C��� Gam' (Pit or typ ) Witn s -gig a re) Name: (Print or t e) STATE OF �IO r , COUNTY OF 0�V t racy L hitesell Approved as to form and lq­,41'ity Assistant County �,r»cv , �oregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me this ay of 2013 by Tracy L. Whitesell who is personall known to me or who has produced as identification. -71� (affix notarial sea]) /C� 7-7� (Signature of Notakly Publi 't% U Audrey &odcwell Young W/tj, P, NOTARY PUBLIC (Print Name of of ry Pub c STATE OF FLORIDA NOTARY PL - — Serial /Commission #: Comm# EE103575 Cr , 3� ' Expires 702015 My Commission Expires: 7 i 401S