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The Prince r ' INSTR 5679750 OR 5604 PG 1008 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: 68493560005 - The Prince The Prince Parent Tract Parcel No. 7856700821 TEMPORARY BEACH RESTORATION EASEMENT THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as "Easement") granted this S ay of'36jt , 2019, by The Prince Condominium Owners Association,Inc.,a Florida not-for-profit corporatio , whose mailing address is 176 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 876,Page 2007 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. s 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-00245/1398609/1] 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 ay of lJC r'- A , 2019. THE PRINCE CONDOMINIUM OWNERS Wit ASSOCIATION, INC., a Florida not-for-profit corporation . By: Ve,\J, Witness Sign.' Name: Title: ��5 <� ' 13 Print Nam u* .<i Tie ice. GRANTOR '—s Witness Signature 4g6&Print Name: CD STATE OF 1-2-0-t COUNTY OF C7 ' �-� / -^ The foregoing instru s acknowledged before me this jG�day of� (/(,LAV , i- -d 2019, by �l� ._..rix- as z�h on behalf of The Prince Condominium Owners Association, Inc., a Florida not-for-profit corporation. rsonally Known to Me -or- ❑ Produced as Identification dam Tv 1NO , Y Py5.31,..1 / Print Name: .1 C'i: Nlt" A b r My Commission # Expires: o c2- Approved as to for an J legality ` Notary Public State of Florida • .j �C -i't .lel"lyC'll �� �. k 4. kfL' anmiision GG 117063 Jennifer A. Belpedio,Ass unty Attorney } a ' p as oer20/2u21 [1 8-CZM-00245/1398609/1] 3 . • m. ' _ ' • L I . ' . . . ,•' et rntdnq. �1i[ + + 7 re sirle +!.a. OR 876 PG 2007 .is..ree. • LEGAL DESCRIPTIO• N A parcel of land lying to Section 17 and. 1B, Township 52 South, Range 26 Last, • Collier County, Florida and being more particularly described as 101 low$ — • b COMMENCE at the intersection of the centerllnet of State Road 92 and South Collier Boulevard, as shown on the plat of Marta Beach Unit Seven, as recorded ' i in Plat Book E' pages 55 through 62 latluslve of the Public Records of Collier County, Florida; thence South 29'-13'-35" East along said centerline of South Collier Boulevard a distance of 153.31 feet; thence South 60'•46'•25" West a distance of 50 feet to the West Right-of-Way line of Bald South Coiltar Boulevard, said Point being the beginning of a circular curve concave to the Southwest having a radius of '9950 feet; thence Southerly along said Wast Right-of-Usy line and along the arc of said curve through a central angle 1f 03'•27''02,b" an arc i '' distance of 599.25 feet to a concrete monument and the POINT OF BEGINNING of the -••»- parcel of land hereinafter described; thence leaving said curve South 63'-34'•22"_ =- • West a distance of 470.78 feet to a concrete monument; thence continue ' South 63'-34'-22" West 212.28 feet more or less to a point hereinafter known as Point "A" andthe Approxlmate Mean High Water Lina (alevptlon •1.5 contour) of` ;,�, • ' the Gulf of Mexico as it existed on August 8, 1917; thence return again to the r �. POINT OF BEGINNING and continue Southerly •long Bald tircult►turve concave to the . Southwest having a radius of 9950 feet and along the Westerly Right-of•Way'11ne �, of South Collier Boulevard and along the arc of said curve through • central `i"'r t angle of 01'-54'•12.5" an arc distance of 330.56 feet to a concrete monument; 1 thence leaving said curve South 65'•59'•21" West a distance of 4B7.55 feat to a concrete monument; thence continua South 65'-59'-21" West 20b.45 feet more or less to the Approxlmate Mean High Water Line (elevation *1.5 contour) of the ,r Gulf of Mexico at It existed on August 8, 1977; thence meander Northerly along said Approximate Mean High Water Line (elevation +1.5 contour) 302 feet more or leis to the aforementioned Point ''A" and the POINT OF TERMINATION. i' ' • '.t 1 I` •containing 5.00 acres more or less, 1 I' ft if ' it CERTIFICATE if WE HEREBY CERTIFY to Power Corporation that a survey of the described property ' was made under our direction on September 12, 1978. €;,` r I' ' • Ip 4 - WILSON, MILLER, BARTON, SOIL t PEEK, INC. • t, 1 Reg. Engineers and land .Surveyors - • r s I • ` BY ,, •'.�, /// i' f?. 4--- _a •- : _ ' P.I.S. •' q ` • 1 + M{Ibur M. Christiansen, Jr.- '. . ,,,,it* , `; • , • "EXHIBIT A" t i t. 4 ;t . fe . .. a 4 z.•+ -7,..- "�--071-_,..t:! 71- ..t:! " e`r 2 � as ." _ '_ �*- . !:::„.:',:e' '... f, 277,4„::: ::" 4:** 4:'':''''' * * { a , ,' -fi {'n