Resident's Beach PROJECT: Marco Island Central Beach Regrade Restoration Project 2018
FOLIO: 78567000766—Resident's Beach
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to as
"Easement") granted this 1 day of 1-44 LA4, , 2019, by Marco Island Civic
Association, Inc., a Florida not-for-profit corporation, whose mailing address is 1770 San Marco Road,
Suite 204, 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 846, Page 1447-1449 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 5679755 OR 5604 PG 1028
RECORDED 3/5/2019 11:45 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
[18-CZM-00245/1398609/1] COLLIER COUNTY FLORIDA
REC$35.50
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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. ilze.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
[I8-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
L Iii day of 1---e0riA.tL�G'J. , 2019.
lJ MARCO ISLAND CIVIC ASSOCIATION,
Witnesses: INC., a Florida not-for-profit corporation
Ala,t Li a, ►v--)1000,4
Witness Signature By: �,� t Y�"k C ttit
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Name: /2(kill f1 . Mc Cru n
Print Name: �CU'tiI ;TRY\ \ibct.lirri Title: Execwh'v� b;recmD -
GRANTOR
Witness Signature �/' '1-
Print Name: (..D vOrr 1�C )
STATE OF V` QY 1 d g
COUNTY OF Co Ir r k p 1'
The foregoing instrumen was acknowledged before me this .5 day of 1�E�ld Y Ua 7 (/
2019, by ' L T 11 L aCC7 11 V1 as E-Xf e l,Lh V1 •-n1( on behalf
of Marco Island Civic Association, Inc, a Florida not-for-profit corporation.
1 Personally Known to Me -or- ❑ Produced as Identification
.,
_,
..;;;'1,4 SUSANAGARCIA c� t� � ,..�J �.
s.•• : '._•
Li �r, MY COMMISSION#FF 970639 NOTARY PUBLIC
W:�" ` EXPIRES:May 23,2020 Print Name: --iUsC01r �i�6CI G
'",:f;)•F• BondedThruNotary Pubic Underwriters My Commission
Expires: 5 2 3 . 2 0
Approd as to form and legality
c`
C„)CL-2)-- -,
Jennifer A. Belpedio,Asst. nty Attorney \C
14 O\
[1 8-CZM-00245/1 398609/1] �\ 3
Legal Description for Residents Beach, Copied from PDF
Corrective Warranty Deed OR Bk 846 Pgs 1447-1448
A parcel of land lying in Section 18 , Township 52 South,
Range 26 East, Collier County, Florida,
Being more particularly described as follows :
Commence at the intersection of the centerlines 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; run thence S29°13' 35"E along
said centerline of South Collier Boulevard a distance of
153. 37 feet; thence S60°46'25"W a distance of 50 feet to
the West Right-of-Way Line of said South Collier Boulevard
for the Point of Beginning of the parcel of land herein-
after described; said point being the beginning of a
circular curve concave to the Southwesterly having a
radius of 9950 feet; thence Southerly along said West
Right-of-Way Line and the arc of said curve through a
central angle of 01.59' 47" a distance of 346.69 feet;
thence leaving said curve S60°46' 25"W a distance of
652. 93± feet to the ?lean High Water Line of the Gulf of
Mexico, said point being called Point "A" ; thence return
again to the Point of Beginning and run N29°13 ' 35"W along
said West Right-of-Way Line of South Collier Boulevard and
North Collier Boulevard, as shown on the plat of Marco
Beach Unit Six, as recorded in Plat Book 6 , Pages 47-54 ,
inclusive, and a replat of Marco reach Unit Six, as
recorded in Plat Book 6A, Page 25A, of the Public Records
of Collier County, Florida, a distance of 291. 23 feet to
the beginning of a circular curve concave to the North-
easterly having a radius of 2050 feet; thence Northerly
along said t-test Right-of-Way line of said North Collier
Boulevard and the arc of said curve through a central
angle of 10°10' 30" a distance of 364. 05 feet; thence
leaving said curve 560.46' 25"W a distance of 635. 90t feet
to the Mean High Water Line of the Gulf of Mexico; thence
meandering in a general Southeasterly direction along said
Mean High Water Line the following courses : S27°56 ' 30"E
a distance of 157.04 feet; 526'51 ' 59"E a distance of
200. 02 feet; S27'19 '40"E a distance of 171. 63 feet;
S25.30.57"E a distance of 300. 06 feet; S23. 13' 27"E a dis-
tance of 150. 03 feet; S22.21' 57"E a distance of 23. 16 feet
to aforesaid Point A .
Containing 14. 40 acres , more or less. (hereinafter referred
to as the Property)
EXHIBIT --
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