Summit House li
INSTR 5679753 OR 5604 PG 1020
RECORDED 3/5/2019 11:45 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
PROJECT: Marco Island Central Beach Regrade Restoration Project 2018
FOLIO: 75113200007 - Summit Summit House
Parent Tract Parcel No. 78567000847
TEMPORARY BEACH RESTORATION EASEMENT
•
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement") granted this a51'h day of ke 19CL .r(t-4-- , 2019, by The Summit House
Condominium of Marco Island, Inc., a Florida not-for-profit corporation, whose mailing address is 280
South Collier Blvd.,Marco Island,FL 34145,as Grantor;to COLLIER COUNTY, a political subdivision
of the State of Florida,whose mailing address is 3299 Tamiami Trail E.,Suite 300,Naples,Florida 34112,
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
WHEREAS, Grantor acknowledges that Grantor is the lawful owner of and has good and
marketable legal title to the Easement Property, and that Grantor has the full right, power and
authority to grant this Easement to Grantee; and
WHEREAS, Grantor has agreed to grant and convey to Grantee,a temporary non-exclusive
access easement over,on,under,upon,and across the Property for the Marco Island Central Beach
Regrade Restoration Project, as described herein:
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
described in O.R. Book 942, Page 1444 of the Public Records of Collier County,
Florida, a copy of which is attached hereto as Exhibit "A."
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, together with other good and valuable consideration provided to
Grantor, the adequacy and receipt of which are hereby acknowledged, Grantor hereby voluntarily
grants, creates, conveys, and establishes a temporary easement for and in favor of Grantee upon
the Property described in Exhibit "A" which shall run with the land and be binding upon the
Grantor, and shall remain in full force and effect for the duration provided below.
RECITALS
This is a temporary 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:
[18-CZM-00245/1398609/1] 1
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 Marco Island Central Beach Regrade 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,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 Marco Island Central Beach
Regrade 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.
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
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for
any and all such damage.
6. Grantee's Liability. The Grantee's liability is limited as provided in Section 768.28,
Fla. Stat.
7. Grantor's Obligation. Grantor agrees not to do or commit any acts that would interfere
with the rights granted to Grantee under this Easement.
8. Covenants Run with the Land. The covenants, rights, restrictions, reservations and
Easement herein set forth are and shall run with the land.
9. 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
[1 8-CZM-00245/I 398609/i] 2
11/.
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.
IAA Caj I 1 a0(g1
10. Termination. All rights granted hereunder shall automatically terminate on-57= r
ithout the necessity of any further instrument of record. This Easement may be
amended, altered, released or revoked only by written agreement between the Parties hereto.
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed this
(25Th day ofc.Q,brL x't f , 201 9.
THE SUMMIT HOUSE CONDOMINIUM OF
Witnesses: MARCO ISLAND, INC., a Flea not-for-profit
corpor- . ,
�� By: Ar., allrI
Witness Signature Nam •: Ol =
Titl=: � ,
Print Name: Wwt�-N.eni'l t'r
4.44GRANTOR
Witness Signature
Print Name:7 /t') )FO Iler—
STATE OF . lei
COUNTY OF C 0\s.� .y-
The foregoing instrument was acknowledged before me this DS day of 77-GJYuX 0 ,
2019, by -S-
ohn c ffte- as c" C1 0.1 1 -1-1-- on behalf
of The Summit House Condominium of Marco Island, Inc., a Florida not-for-profit corporation.
►_4t ersonally Known to Me -or- El Produced as Identification
, rk Molly Hennings
=,� ;' • I COMMISSION#GG280613 �—
• NOTARY PUBLIC
_,,, ,� EXPIRES: Nov 29,2022 Print Name: V OI� -Cr"i n i RCS S
X44,;1% Baided Thai Alton Notory My Commission # 6c-,2 O .Q 13
Expires: UUOu• R.,a 1 acea.
Approved as to form and le ality
i
0,,Jennifer A. Belpedio,Asst. Chou s
y AttomeyO\
ti
[1 8-CZM-00245/1 398609/1] 3
I
O.R. 942 PG 1444
/1 prg40~,i2P..2. 2:m`QT� 11 A
O ppCo•.t7 S g.....m �OIrr(�(�t n i p• Og • 01yyw�
N"Qf4 1.^2,a2.4.".11;
r 0�fF7��a2.4 ITr MMI• i -
m Ie1'!".:��IppII•i�,C11!.r.Z.i Oyg S°T a " i
Cl) B PMCiMOagrso;'g,, Prvss Ore
C i Sin 2nn,•gue °nipn r ga
.mc ■f..lor.nn... ,e
M ' 1100TIm... TMe p 1O�i°.pp 0 O ,gm
,l Ip.r rmYroI.rm.ra; grp.7 n gm
CW Mn7mpan YS11°SOM1p°?7R 1M. ,5
"pJJJyr I•M v060 0 1p°li7=r•i OpA p HN
Q �&/r.:r-N°F°FMMs.:.1Cp tl[II OG O
ory97n°q•I.1,11, ( ,loop 7 n 0 Y...
•
m • y �r6�,~IP>np•O hPl O 1.001,M81-400.0
P-0'O O ••r
f e P Oi'00001I50 TOp.O,....00.
ro h p.11.
6
E a OI+YO°n0•1an01•'nrn..5 g m
C-) • `•1(11 G1 1..3'5070"09.2".0
p ,� p 1 D'O m if
•
O3 e �. ' groc�„I4r..ue,�C�lpn�l� 6�ee
Gy /•0MI WP Pr' wig Ri
C °an Ml,nom M 7 O 5
D ` ■
D !le0 o Y 17
1
/'� s,
,1 + ..
w ....g.4;• M v�an••
n6.,..3...1•u ppll
1 V/ :C,E S' YOM N°I°1 r.-Igg,O„1
-1 ppflt N'•OM•!
O �O f-r p �peGO iMw sl Mn°N
�� -0, -, a m 6ha Sp aV fp�JrA
C i ..I., a n 0.4 O°m 00. g popad
■oo n
"' M MIftrr r Ob i
{iN Q. ■ 0°OTr',ra 'an MMM'
0 O AO6r m56 ii;^ pTpn
r[�/J i.m p I�.,O m
. ` T g 1+ g. v01.Mi O;iN°O
_ Z p Fag -.... —....g.
Q o3` i r gra n
.Iy Imo•�g Iroro I$r •.
'n_\ 1` ]n• ;-- -;---,..„t 7„OJ� •
A N p O
V T F O S O/
M
, 6274° " �
sMM
226, o,ill .n:"gw (rOia
�
GFr
O O
tr,,.1 • a 6MOHBO r
t.0 r;° t52 La
!
e
a Dp • ppp ^
a O6 e •
•
0.
5 •
I
EXT
1-617; RECORDER'S MEMO Leg,ihiiity I
'� T�...mums of writing, Typing or Printing
uneatiefartory in thie document
when received.
L.