Royal Seafarer INSTR 5679754 OR 5604 PG 1024
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: 71682800000 - Royal Seafarer Royal Seafarer
Parent Tract Parcel No. 78567000782
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARYBEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement")granted this 6P day of tvup,szAii ,2019,by Royal Seafarer Condominium
Apartments of Marco Island,Inc.,a Florida not-for-profit corporation,whose mailing address is 300 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 981, 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
[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
/ (, day of �ANL'toNct-ki , 2019.
ROYAL SEAFARER CONDOMINIUM
Witne,i. APARTME TS OF MAR 0 ISLAND, INC., a
Flori• - n• for-. ofit c•,•••ratiotl
_ er. age,
B, : i ,
fr tnes, ignature a e:/te -molA
t Q r5 Titl
Print Name:
' DP-Air
i
CAAL GRANTOR
Witness Signatur
Print Name: t9-Tk/C If1 A . uv
STATE OF / �'
COUNTY OF (-CI*5 0--
The foregoing instrument was acknowledged before me this i c day of J'A►.,k..-A--z ,
2019, by ke= ;.eJ T taA-LfT as PI- .5 c ,—J on�behalf
of Royal Seafarer Condominium Apartments f Marco Island, Inc., a Florida not-for-profit corporation.
Personally Known to Me -or- ❑ Produced as Identification
t Y* NYANDE ,..,,,o P`1 -
MY COMM ##GG 23627
P ' Name:
' ; EXPIRES:September 26,2022
• °F Bonded mtiNotary Public under ;tom My Commission #
Expires:
Approved as to form and legality
1 - G`
Jennifer A. Belpedio,As 6 ounty Attorney
[18-CZM-00245/1398609/1] 3
, 000981 001444
• OR COCK °AG
EXHIBIT "A"
Legal Description
A parcel of land lying in SECTIONS 17 and 18, TOWNSHIP 52 SOUTH,
RANGE 26 EAST, Collier County, Florida,
Being more particularly described as follows: .
Commence at the centerline intersection of Maple Avenue and
South Collier Boulevard, as shown on the plat of Marco Beach -
Unit Seven, recorded in Plat Book 6, Pages 55 through 62, inclu •
-
sive of the Public Records of Collier County, Florida; run thence
S70°52'24"W, radial to the next mentioned curve, a distance of
50.00 feet to the Westerly Right-of-Way Line of said South
Collier Boulevard and a point_,..ofr--a-ci =- -r curve concave to the
southwesterly having a r crfI95 � - said point being
the POINT OF BEGINNIN •f h a 1 . -1 - _ inafter described;
thence Northerly alo = If-Rig• ine and the
arc of said curve • •• Jr- central angle o .- ' °, ' 3" a distance
of 202.27 feet; =• c' .9°16'25"W a distance 748.,0 feet to
an iron pin; th=- ce` tinue S69°16'25"W a dist- e o` 181 feet,
more or less, • the . Water Line of the ' if o Mexico
(elevation +1..' co tot.-- .as it . on; •. tober 19 :),
said point be ng h:re. . mated Point ` A ; then- ret`rn
to the Point •f Be/ginning and therly -long af.resa'd
Westerly Rig,t-of » . ••..h.. and ,the arc
of aforesaid cur t . o a etr• 1 0 *50. 2 " a�istance
of 169.02 fe,,t t• th nor est , o ea•
: •a -1 •f 1 d
Jill
described in+Off .. ia Rec..rd• B••k •ge :!..6,-:.f the P blic
11
Records of C• C•^ r, ,Ti r d• e $72 >33 30" stance
of 700.00 f-- • -•` a •n p n•, ,*tinu--tt- . ....33 0". a
distance of et, more or less, to a-.;, esaid can `#i Water
Line of the G Mexico; thence' meand--' Nor '-rly ,. said
Mean High Wet , .L, a distance of 330 f. mo•e o ' , to
aforedesignate• • , "A" and the Point o - n- y�
Containing 5.86 s ore or less.
EXHIBIT_ 4
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