Parcel 799-N (Koehn) INSTR 4894695 OR 4968 PG 2959
RECORDED 9/25/2013 1:54 PM PAGES 3
PROJECT: Beach Restoration 2013 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
FOLIO: 14001120001 COLLIER COUNTY FLORIDA
Parcel: 799-N DOC @.70$0.70 REC$27.00
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH REST RATIO EASEMENT (hereinafter referred to
as "Easement") granted this /'f day of R64 vie , 2013, by THOMAS K.
KOEHN as Trustee of the Thomas K. Koehn Revo6able Trust under trust Agreement dated
May 1, 1998 and LINDA W. KOEHN as Trustee of the Linda W. Koehn Revocable Trust under
Trust Agreement dated May 1, 1998, whose mailing address is 412 S. 26th Street, West Des
Moines, Iowa 50265 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 more particularly described
as the South 26 feet of Lot 15, and all of Lots 16 and 17, and the West 15 feet
of the vacated North and South alley adjacent, Block 8, Tier 1, Plan of Naples,
according to the plat thereof as recorded in Plat Book 1, Page 8,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 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
use.
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees 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
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.
THIS CONVEYANCE ACCEPTED BY IIHE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY rLOR'DA
PURSUANT TO TL nPrVISI'O
OF RESOLUTION NC 02010-31
Temporary Beach Restoration Easement 2013
Page Two
Parcel: 799-N
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.
9. Termination. All rights granted hereunder shall automatically terminate on
December 31,124e8 without the necessity of any further instrument of record.
This is not Homestead Property
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this 14411 day of , ij&.ft ' , 2013.
�f aCt(4 `G)A/K / ' Vii/' fhi.
Witness (Signature) , . Thomas K. Koehn, Indi duall and as
Name: movuica.2 t ✓1V1-( Trustee of the Thomas K. Koe n Revocable
(Print or type Trust under Trust Agreement dated May 1, 1998
Witrie s (Sig ature
Name: //��r�+s' 4"
(Print or type))
STATE OF �wA-
COUNTY OF -FOWL
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this Aith day of A-1 441.4s 4- , 2013 by Thomas K. Koehn, Individually
and as Trustee of the Tho ii-s K..-Koehn Revocable Trust under Trust Agreement dated May 1,
1998 who i: personally know to me or who has produced as
identificati.•
(affix notarial seal) c____ 41—• aefiar----
(Signature o I ary Public)
TAMI J.PARSONS grh,tI Pae1/0 nS
Commission Number
Commission E 7 k1es (Print Name of Notary Public)
May 18, 2016 NOTARY PUBLIC
Serial/Commission #: 11 D o S
My Commission Expires: SJj �l
•
Approver! as to farm and lr•,ality
Assistant County Attio y
Temporary Beach Restoration Easement
Page Three
Parcel: 799-N
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this lk.h day of Axoys4 2013.
Witness (Signature Linda W. Koehn, Individually and as Trustee
Name: ;MODU 'ea, t Out q of the Linda W. Koehn Revocable Trust
(Print or type under Trust Agreement dated May 1, 1998
Witness (Si ature) L
Name: / mss �411.c
(Print or type) /
STATE OF 'owA-
COUNTY OF row-
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this lqcrk day of /'ir411-- , 2013 by Linda W. Koehn as Trustee of
the Linda W. Koehn Revocable Trust under Trust Agreement dated May 1, 1998 who is
personally known to me or who has produced as identification.
(affix notarial seal)
(Signature o M} tary Public)
TAMI J.Plumb Number 7100038 i cZ' t i tJ P�/SveaS
• • MyCommision Empires (Print Name of Notary Public)
May 18,2016 NOTARY PUBLIC
Serial/Commission #: 1100%
My Commission Expires: S /r3/24
(I)