Princess del Mar INSTR 5679751 OR 5604 PG 1012
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: 68542080009 - Princess del Mar Princess del Mar
Parent Tract Parcel No. 78567000805
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement") granted this ('f day of .Tse^A4.1 tZ , 2019, by Princess del Mar
Condominium Owners Association, Inc., a Florida not-for-prof7t corporation, whose mailing address is
174 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 812, Page 1471 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
[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.
/ q IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed this
day of .-7A1AlU Al 2 y , 2019.
PRINCESS del MAR CONDOMINIUM
Witnesses: OWNERS ASSOCIATION, a Florida
not-for-profit corporation
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SigName:
Title:
Pri ame: W�/ Sin GRANTOR
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Witnes Signature ,
Print Name: 'l i c y"(i E. j Q
STATE OF ,L2 21 Pk
COUNTY OF Cd - / -1----7-e---
The foregoing instrument was acknowledged before me this 14 day of )(ITN CI iffy ,
2019, by 1.:\i, )44 .e., il k4 ( C i as eg-�s n on behalf
of Princess del Mar Condominium Owners Association, Inc., a Florida not-for-profit corporation.
tin Personally Known to Me -or- ❑ Produced as Identification
-
NOTY PUBLIC
Print ame:i.--lo: Jo,- ,-lj
My Commission # C&> _.. S;),/c-,--
Expires:
5tc5Expires: /2-JC 7 262 Z.
Approved as to form and legality
‘_C_I
.Jennifer A. Belpedio,Assist , ry Attorney v\
[78-CZM-00245/1398609/1] 3 (1111)
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DESCRIPTION OF PARCEL "A" ' (PRINCESS DEL- MAR PROPERTY)
COMMENCE at the intersection,of the centerline of State Road 92 and South Collier
Boulevard, as shown on the plat'of Marco Beach Unit Seven, as recorded in Plat Book 6, ,
pages 55 through 62 inclusive, of the Public Records of Collier County, Florida; thence'
South 29'-13`-35" East along said Centerline of South Collier Boulevard a distance of
153.37 feet; thence South 60'-46'-25"West-a.distance of 5O feet to the West Right of
, -
.4.;.'' Way line of said South Coilier Boulevard,-said Point being the beginning'of a circula
` . curve concave to the Southwest having a•radius of 9950 'feet; thence Southerly along sa
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West Right-of-Way line and along the arc of said curve through a central angle of -.,
`'Ati O1'-59'-47", an arc distance of 346.69 feet to an iron pin and the POINT OF BEGINNING , '
3, of the parcel of land hereinafter described; thence leaving said curve South 60'-46' 25',1
,' West a distance of 611.57 feet to an Iron pin; thence continue South 60.!-46'-25" Neste;
58 feet more or less to a point, said point hereafter known as point "A" and Mean High `b `
Water Line of the Gulf of Mexico; thence return again to the POINT OF BEGINNING and
may' continue Southerly along said circular curve concave to the Southwest having a radius r
of 9950 feet and along the Westerly Right-of•Way line of South Collier boulevard and " M
if along the arc of said curve through a central angle of I'-27'•15.6" an arc distance of ;
252.56 feet to a point; thence leaving said curve South 63•-3b -22" West a distance of
683.06 feet more or less to the Mean Nigh Water Line of the Gulf of Mexico; thence .
meander Northerly along said Mean High Water Line 220.30 fat more or less to the *':;'!':f
aforementioned point "A" and the POINT Of TERMINATION. aor
containing 3.67 Acres more or less. ,..
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