Parcel 714-V (Hoppe)PROJECT: Beach Restoration 2013
FOLIO: 27530280001
Parcel: 714 -V
INSTR 4885566 OR 4961 PG 1952
RECORDED 9/3/2013 2:54 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC $18.50
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH ESTORA N EASEMENT (hereinafter referred to as
"Easement ") granted this day of 2013, by MARK E. HOPPE and
A t DARLENE REYNOLDS -H PPE, husband and w fe, whose mailing address is 10217 Gulf Shore Drive,
1:4
E- Naples, Florida 34108 as Grantor, to COLLIER COUNTY, a political subdivision of the State of Florida,
wW Cn whose mailing address is 2800 N. Horseshoe Drive, Naples, Florida 34104, as Grantee.
I �
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument
and their respective heirs, successors and assigns.)
z�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,
H 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 "):
z 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
9Z particularly described as Lot 37, Block A, of RE- SUBDIVISION OF PART OF UNIT
NO.1, CONNERS VANDERBILT BEACH ESTATES, per Plat in Plat Book 3, at Page
18, 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 reauested:
Gary McAlpin, PE — Manager INSTR 4886262 OR 4962 PG 567
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 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
G
Temporary Beach Restoration Easement 2013
Page Two
Parcel 714 -V
IN TNESS WHEREOF, the Grantor has caused these presents to be duly executed this
day of 11 S;j 2013.
A
Witnesses as to both:
Witness (Sign ture)
Name: KY 1 S t rlc.- T -nr k/1
, (Unt or,4ype)
Wifne Mature)
Name: k -(Si � A . K re t'
( rint or type)
STATE OF
COUNTY OF CIDO Ir!
rk E. Hoppe
The �foregoin TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me
this �_ "day of A �'"� , 2013 by Mark E. Hoppe and Darlene Reynolds -Hoppe who are
personally known to mho have produced s i ification.
� 1
(affix notarial seal)_ (i
(Signature of Notary Public)
lArNO-Al l W00
(Print Name oFN-'otary Public)
PAVELAIY MOM NOTARY PUBLIC
LNOTARY P J8UC= STATEOF�LLM�018 Serial /Commission #: COMMISSION EXPM
My Commission Expires:
Approved as to form and legality
Assistant County ey
IF-IN