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Parcel 702 (Vanderbilt Gulfside) L3 PROJECT: Beach Restoration 2004 FOLIO: 22870160006 PARCEL: 702 TEMPORARY BEACH RESTORATION EASEMENT ........ tx:I :::0 :::lC =.....l>lI<t> ............:O-.-T _ t:-"':::> THIS TEMPORARY BEACH REST RATION EASEMENT (hereinafter referred to= ~ - -- as "Easement") granted this 0~ day of , 2004, by VANDERBIL T3 g ~ GULFSIDE CONDOMINIUM ASSOCIATION, INC., a Florida on Profit Corporation, whoseQ $ll>ll = CI) mailing address is 10851 Gulf Shore Blvd., Naples, FL 33963 as Grantor, to the BOARD OF ~ ~ COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY ~ OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER CI) COUNTY WATER-SEWER DISTRICT, whose mailing address is 3301 East Tamiami Trail, 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: That the Grantor, for and in consideration of the mutual benefits to be derived from the Collier County Beach Restoration Project, and other good and valuable consideration, hereby grants, bargains, and conveys to the Grantee this Temporary Beach Restoration Easement on, over and upon the following described property (hereinafter referred to as "Easement Property"): All of that land which lies in 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 O. R. Book 792, Page 1155 of the Public Records of Collier County, Florida, a copy of which is attached hereto as Exhibit "A." This is a 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: 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. ~ !-::~ Th~ r=-!"""'7~c.-~ ~...... h~ .1_.-.rI h,.. ~,..-"+t::'.:'\ ;...("01 ""''''''....t"--:)I''+,,...'='' '=:Ii,..ont~ :,=,nn ~~,="i~nc ~. Illv _a....,nr....III_... "'''''''} __ ""...,.....\"A ~J """...........__, ....",lI ...,......,..I_"'~......._, _~_....o.;I, -_1.- __......~.._ for the purpose of implementing and maintaining the Collier County Beach 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, for planting and maintaining native dune vegetation, 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 Collier County Beach 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. Grantee further agrees that it shall, at the Grantee's cost, repair any damage caused to Grantor's property as a result of Grantee's negligence. 5. Notice. In the event any damage caused or believed to be caused by Grantee to G~=n!ar's propert~/, Grar.tor 9.~re8'3, within Sf'VE'n (7) rll'\Y" nf heroming aware of any such damage, to notify Grantee in writing, in care of the following individual and address, by certified mail, return receipt requested: Ronald Hovell, Project Manager Office of Capital Projects Management Collier County Government 3301 Tamiami Trail East Naples, Florida 34112. Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability for any and all such damage. THIS CONVEVANCE ACCEPTED IV THE lOARD OF COUNTy COMMISSIONEItS COLLIER COUNTY, FLORIDA · 1 PURSUANT TO AGENOA · DATED: 7-d.? ~D4 InM NO. I&, Co {O = <;;;>l>lI co 0 --. C> .....= ...... <=> --.l>lI ....,<=> ~......,.~ -:::> o+::::a P> .-T a... (""I" g --..:J <;;;> (.....;) ~ ~ <--..> ~:::::~ ""'0 :z: ~ C> ~ t:-"' ::::c:J .......:::cI .. c:> _ =n ......~ (.....;) ~ ~ a... "" 0 (.....;) = .-... o+::::a C> no .?" g ~ o ~ G"'l 1:"""4 tx:I .... -= = "'" n r--..>" 2"-0 ;:';i--..:J ..:-' ex:> "'" t:-"' n<=>= C> 0_ ....,n n ...... . _. - CI) -> _ <;;;>- ...., ..... -> <;;;> -> <;;;> <;;;>QO<;;;> . . OR: 3634 PG: 2979 Temporary Beach Restoration Easement 6. Grantor's ObliQation. Grantor agrees not to do or commit any acts that would interfere with the rights granted to Grantee under this Easement. 7. Covenants Run With the Land. The covenants, rights, restrictions, reservations and Easement herein set forth are and shall run with the land. 8. 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 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. 9. Termination. All rights granted hereunder shall automatically terminate on December 31,2024 without the necessity of any further instrument of record. This is NOT HOMESTEAD Property IN WITNESS W~EOF, the Grantor has caused these presents to be duly executed this . 0.2 day of k 2u ~ ' 2004. {jJiML 6~~ Witnesti,Sign~Ure )1111 Name: Cl r Yl ~ t ~\Ja..nc.e... (Print or Type) ~n~ ~o~ ~~~a~~ tur~l'e~'~ (Priht or type) Vanderbilt Gulfside Condominium Association, Inc., a Flo . 0 r it C~oration l .' By: President -(Nam Name and Address. ~/n (Pri t or type) , loJs/ (;tI!/~Le[)~ (Add res F /o/!J'ctfl STATE OF ~/icr COUNTY OF The for.egoing TEMPORA~Y BEACH RESTORA TIO ,EASEM . was acknowledged before me thlsC:<~ day of G1?l..U~, 2004 by / (President), on be rbilt Gulfside Condominium sociation, Inc., a Florida Non Pr fit Corp., who is ersonally know 0 me or who has produced ~ ___ _ as identifi~n. . (affix notarial seal) ~/"""'...L~ ~... ;; (Sig~re of Notary Public) , M)~/c,'(j cD I 'bM (Print Name of Notary Public) "IIlTAPV 0110.1 1(" S;;ri~liC~';'';;i~;i';~ #:(11 anVl-!iJjJ -~T1Ji'-f My CommiSSion Expires: ___ j-_ .."'~ .. I'A11IIIOIA CIII88 (i): ~~ MY COMMISSION I DO 158e84 I . / EXPIRES: NoYember 4,2006 Ji., . Bonded 1lvu NaIIry NlIIc UndIlWItIInI lopro;ts to f1' ~'e"~Y I AsS:~ant County Attornel 2 OR: 3634 PG: 2980 ***