The Duchess PROJECT: Marco Island Central Beach Regrade Restoration Project 2018
FOLIO: 30081800008 - Duchess The Duchess
Parent Tract Parcel No. 78567000863
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement") granted this \ .`` day of � \ °>>> , 2019, by Duchess Condominium
Owners Association,Inc.,a Florida not-for-profit corporation,whose mailing address is 220 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 0. R. Book, Page 1343 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:
INSTR 5679752 OR 5604 PG 1016
RECORDED 3/512019 11:45 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
[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
[18-CZM-00245/1398609/11 2
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.
10. Termination. All rights granted hereunder shall automatically terminate on December
31, 2028 without 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
= day of , 2019.
gCONDOMINIUMOWNERS
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Wit 'ss Sign . JI'e ' � By•
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GRANTOR
Witness Signature
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STATE OF �! {1 `+
COUNTY OF ��
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The foregoing instrument was acknowledged before me this , day of -
2019, by as f: ,
on i;.
of Duchess Condominium Owners Association, Inc, a Florida not-for-profit corporation
0 Personally Known to Me -or- ❑ Produced as Identification
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Approved as to form and Iggai11ity
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Jennifer A. Belpedio,Asst.t Attorney (41:39)\\
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LEGAL bi$CPU ION DUCHESS
O.R 906 PC 1343
• A parcel of land lying in Sections 17 and 18, Township 52 South,
Rcigo 26 East, Collier County, Florida.
Being more particularly described as follows:
•
Ccn cnce.at the centerline intersection of Maple Avenue and South Collier
Boulev:,rd,.ae shown on.the plat of Marco Beach Unit Sovun, recorded in Plat
Book 6, Pages 55 through 62, inclusive of the Public Rocords,of Collier
• C..-sty, Florida; run thence S70' 52' 24"W, radial to the next mentioned
curve, a distance of 50.00 foot to the Westerly Right-of-Way Line of said ,
South Collier Boulevard and a point on a circular curve concave to the
Eouthve :.terly having a radius of 9950.00 foot; thonco Northerly along said
Uosic rly Right-of-Way Lino and the arc of said curve through a central angle
GI u3" l')' 29.9" a distance of 577.42 feet to an iron pin on cold curve and
the i Ou.'E OF liEGUNIUG of the parcel of land hereinafter described; thence
1.1"IJ a dintanre of 545.00 foot to an iron pin; thence continue
U45' .,v' 21"U a d J ut unto of 160 feat, more or leu j, to the Approximate neon
high hater Line of the Culf of Mexico (elevation +1.5 euutuur as it existed
cn October 7, 1978), said point being hereby designated Point "A"; thence
return to tJa Point of Beginning and run llortherly along aforesaid Westerly
Eight-of-Way Line of South Collier Boulevard and the arc of aforesaid curve
through a control angle of 01' 25' 14" a distance of 246.69 foot to the iron
4 pin designating the Southeast corner of the parcel of land described in OM-
tial Records Book 760, Pogo 263, of the Public Records of Collier County,
Florida; thence S65' 59' 21"W, a distance of 545.00 feet to an iron pin; thence
• continua S65' 59' 21" Ma distance of 154 feet, more or less, to aforesaid •
•Lpprox{.mate Mean High Water Line of the Gulf of Mexico; thence meander Southerly
• along said Approximate Mean High Water Line a distance of 247 feet, more or less,
to aforc.osignated Point "A" and the Point of Termination.
•
Together with all of first party's right, title and interest in
and to riparian and littoral rights appertaining to the above
described property, which rights are not warranted by first party.
•
•
•
•
EXHIBIT '"A"
•
• IRECORDER'S MEMO. Leg1bi �
of writing, Typing or Printing
tomatisfactory is this docamant '
•
when received.
•
u