Parcel 755-N (Curvey)INSTR 4885564 OR 4961 PG 1947
RECORDED 9/3/2013 2:54 PM PAGES 3
PROJECT: Beach Restoration 2013 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
FOLIO: 04280280002 COLLIER COUNTY FLORIDA
Parcel: 755 -N REC $27.00
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TEMPORARY BEACH RESTORATION EASEMENT
6 THIS TEMPORARY, RE ORATION EASEMENT (hereinafter referred to
z as "Easement ") granted this sa� day of UL f 2013, by JAMES C.
CURVEY and SHIRLEY M. CURVEY, Co- Trustee f the James C. Curvey Revocable Trust
dated January 16, 1987 as amended, as to a 50% interest, and SHIRLEY M. CURVEY and
JAMES C. CURVEY, Co- Trustees of the Shirley M. Curvey Revocable Trust dated January 16,
1987, as amended, as to a 50% interest, whose mailing address is 2 Gulf Shore Boulevard S,
Z Naples, Florida 34102 as Grantor, to COLLIER COUNTY, a political subdivision of the State of
yZ Florida, whose mailing address is 2800 N. Horseshoe Drive, Naples, Florida 34104, as Grantee.
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� 6 (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this
o instrument and their respective heirs, successors and assigns.)
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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 Lot 1 and the North 62 1/2 feet of Lot 2,
Block 20, Buena Vista Subdivision, according to the Plat thereof as recorded
in Plat Book 2, page 97, 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 4886260 OR 4962 PG 562
RECORDED 9/6/2013 8:53 AM PAGES 3 RE- RECORD
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
DOC @70 $0.70 REC $27.00
Temporary Beach Restoration Easement
Page Two
Parcel: 755 -N
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.
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 WITNESS =OF , the Grantor has caused these presents to be duly executed
this cQ(O day of 2013. .-7
IjADen�
Witness Signature)
Name: Chin DpWson
(Print or type)
r
Witness . (S) nature)
Name: L.L V t/ y
(Print or type) /
STATE OF I I Q-
COUNTY OF lam)
James . Curvey, Individually 6d as Co-
Trustee of the James C. Curvey Revocable
Trust dated January 16, 1987 as amended,
as to a 50% interest and as Co- Trustee of
the Shirley M. Curvey Revocable Trust dated
January 16, 1987 as amended, as to a 50%
interest
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this J0 day of Q.,, 'st , 2013 by James C. Curvey, Individually
and as Co- Trustee of the James C. turvey Revocable Trust dated January 16, 1987 as
amended, as to a 50% interest and as Co- Trustee of the Shirley M. Curvey Revocable Trust
dated January 16, 1987 as amended, as to a 50% interest who is personally known to me or
who has produced as ident, ication.
(affix notarial seal)
( ture of No Pu lic)
ar
NON M. TwETTS, Notary PQ
&c J
My Commission Expiros oc er,�, 2W 5
(Print Name of Notary Public)_,
NOTARY PUBLIC
Serial /Commission #: 3° `
My Commission Expires:
N.
Temporary Beach Restoration Easement
Page Three
Parcel: 755 -N
IN WITNESS WHEREOF, the Grantor has
this day of 0(',(31- , 2013.
J
S it ey M. Cu y, Individually and as -
Trustee of the/James C. Curvey Revocable
Trust dated January 16, 1987 as amended
as to a 50% interest and as Co- Trustee of
the Shirley M. Curvey Revocable Trust dated
January 16, 1987 as amended, as to a 50%
interest
caused these presents to be duly executed
Witness (Signature)
Name: r ✓1 ('
(Pant or type)
(�Jign u e)
(Print or type)
STATE OF IN 11� jLL1,031 1t (L.
COUNTY OF C&ff6L I
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this 3�0 day of , t , 2013 by Shirley M. Curvey, Individually
and as Co- Trustee of the James C. rvey Revocable Trust dated January 16, 1987 as
amended, as to a 50% interest and as Co- Trustee of the Shirley M. Curvey Revocable Trust
dated January 16, 1987 as amended, as to a 50% interest who is personally knyn tp. .ne.or `r
who has produced as identification. `rr
(affix notarial seal)
(Si a of Notary P61*
6,v IV. Trga Svc
My Commkston F.i`pit�tr
(Print Name of Notary Public)
NOTARY PUBLIC
Serial /Commission #:
My Commission Expires:
Approved as to form and legality
Assistant Co km Attorney
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