Parcel 708 (Chaffee, Charles)
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PROJECT: Beach Restoration 2004
FOLIO: 27530520004
PARCEL: 708
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY)?EACH RESrOR!,TI~N EASEMENT (hereinafter referred toi ~ ~ --
as "Easement") granted this 0 day of M..@1-M( A , 2004, by CHARLES V.::::: ~ ~
CHAFFEE AND KAREN CHAFFEE, as tenants in common, whose mailing address is 1 0381 ~ g:; ::
Gulf Shore Drive, Naples, FL 34108 as Grantor, to the BOARD OF COUNTY e ~
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF ~
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER =
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 2644, Page 3257 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. Use. The Easement may be used by Grantee, its contractors, agents, and assigns
fo;. the purpose vI imp~~n"~i1t;r~g ~:1d rrin.int~;:i:ng the C~!!::.~ Cc~n!~;, Beach Re~torc.ticn 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 bel:eved to be caused by Grantee to
Gra~t0!"s p!'0r.'erty, Grantor acreps. 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:
Ronald Hoveii, r=iOjE::C~ ~..-~.:.~~gor
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 CONVE
YANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY. FLORIDA ·
1 PURSUANT TO AGENDA ·
DATED: l-^' ~D,-\, ITEM NO. lID c::.. Ii>
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OR: 3634 PG: 2967
Temporary Beach Restoration Easement
6. Grantor's Obliaation. 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 HOMESTEAD Property
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this day of , 2004.
~O~
Witn sSAs1gnature)
Name: {t'vICl57OP/~ J fOi2EI/4MJ).
(Print pe)
es. a e
10381 Gulf Shores Drive
Naples, FL 34108
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Witness (Sig. nature) "-
Name: "'I~L' J2(,
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WitnesS~i9~~ __>"
Name: ~r:>() (J4.~~ "-
(Print or type)
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Karen
10381 ulf Shores Drive
Naples, FL 34108
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STATE OF FlVR--IPA
COUNTY OF CDW!;;/?
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this l2.m day of MA!:lJ+ , 2004 by Charles V. Chaffee, who is personally
known to me or who has produced as identification.
(affix notarial seal) (2Z J/CIldtA mlYJ. a I ;J-hM
(siftlt~re Of-No~'PUbIiCO'~' ,
r;;WENP~L'ItJ M. i511amtl
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
~~'f~ GWENDOLYN M. SHELTON
~i >>:~ MY COMMISSION It DD 239550
~~. . . . EXPIRES: August 6, 2fYJ7
~tif.:tli' IloodId 1lru NolaJy Public Undetwrtters
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OR: 3634 PG: 2968
STATE OF FLOJef C14
COUNTY OF CDLLlER.
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this 12m day of -.Mil f?CH , 2004 by Karen Chaffee, who is personally known
~e or who has produced ~as identification. ~
(affix notarial seal) '~~ 11/1 ..
(Si9 - - fure of '1;;';;'t.~ Pu . )
4WtNIJOLYN /vi" ~fI t;i-7?JlJ
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
i1J~~~ GWENOOl YN M. SHELTON
f*: L"A'I!:-1 MY COMMISSION # DD 239550
~A~! EXPIRES: August 6, 2007
''f'I/f..fl\'1'' Bonded Thru NoIllry Public Underwrlt...
Ill. h "P'O.'~.".--" t(1I,,,f. f1t1.ency
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This iDstrument was prepared without legal opinion by and, after
recordin&, sbould be n:hIJ'Ded to:
2598240 OR: 2644 PG: 3257
iBCORDBD In OffICIAL KBCORDS at COLLIIR COUITY, 1L
02/2,/2000 at 12:40PK CVIGHT R. BROCI, CL~R1
R!C m lUG
DOC-.70 .70
RetD:
GOODKAI << BIl.BU
3838 TAIlAHI TI H f 300
lAms n 34102
Kenneth D. Goodman. Esq.
Goodman & Breen
3838 T~miami Trail North. Suite 300
Naples. Florida 34103
941-403-3000
EXHIBIT
PAGE \
QUIT CLAIM DEED
(Reserved for Recording Information)
THIS INDENTURE. made this.2/$r day ofFebmary, 2000. between Clifford W_
Chaffee. County of Collier, State of Florida, ~, and Charla V. Chaffee and Karen
Chaffee, as t....tanh: in t'OJIIIIIftD, eadI cnming an uacliYided one-fourth (1/4) interest, whose
post offICe ~~.Box 227. Cbwubusco. Indiana 40723. Grantee..
WITNESSETH, That the Grantor. for and in consideration of the sum of TEN
DOllARS, and other good and valuable considerations to said G1lI1tOr, in band paid by said
Grantee, the receipt whereof is hereby acknowledged, does hereby n:mise, release and quit-claim
to the said Grantee. and Grantee's heirs and assigns forever, the following described land,
situate, lying and being in Collier County, Florida. to-wit:
An undivided one-baIf (1/2) interest, ~ all of Grantor's interest:
Lot 43, Block A, Replat of Unit 1. Conners Vanderbilt Beach Estates, according
to the Plat thereof as recorded in Plat Book 3, Page 18, of the Public Records of
Collier County, Florida.
SUBJECT TO restrictions. reserv.dons, and easements of record, and taxes for
year 2000 and subsequent years.
Prior Instrument recorded in O.R. Book 1840. Page 0497, Folio 27530520004.
TO HAVE AND TO HO~. the same together with all and singular the appurtenances
dJereunto belonging or in anywiSe appertaining, and all the estate, right, tide. interest, lien,
equity and claim whatsoever of the said Grantor, to the only proper use, benefit and beboof of
tbe Grantee forever.
· .'Grantor" and "Grantee" arc used for singular or pluraJ. 18 context requires.
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