Parcel 718 (Scheppner)
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PROJECT: Beach Restoration 2004
FOLIO: 27530120006
PARCEL: 718
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to:;;: ~ ~ --
as "Easement") granted this ;2Lt*- day of H bfLUV1~ ,2004, by KATHLEEN A.S!~.~
SCHEPPNER and JACQUELINE K. SCHEPPNER, wh e mailing address is c/o 10073 Gulff.J ~ ::
Shore Drive, Naples, FL 34108, 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 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 the Deed recorded in O. R. Book 3050, Page 1089 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
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
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:
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 ~I ~O""KA~tR2ci~f~d' 1~~bi~WE
for any and all such damage. BOARD OF COUKrY COMMISSIONERS
COLLIER COUNTY, FLORIDA ·
1 PURSUANT TO AGENDA ·
OA TED: -=7. 0.1 ~ C> <4 rlEM NO. 1 ~ c:::.. f 0
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OR: 3634 PG: 2944
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 securt3d 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
JtJ .,l'ITNESS WH..EFlEOF, the Grantor has caused these presents to be duly executed
this oI~' day of f-dJRUII~1 ,2004.
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Witness (Signature)
ame:i!tn2i cl/I- !.( A/ {G' H T ~~
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. ~ Kath een A Scheppner --;;---
itnes~i natur~ 4225 Beech Avenue
ame: J, ~ ~tJ. Erie, Pennsylvania 16508-3120
(Print or type
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ame:\.l,AmfS G".v~sT'um
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2 Fla . go Avenue
Naples, Florida 34108-2110
STATE OF
COUNTY OF
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The foregO~~ Tl-MPORARIJEACH RESTORATION EASEMENT was acknowledged
before this day of Pu4~, 2004 by Kathleen A Scheppner, who is
personally known to r who has produc ,ide tification.
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(Print Name of Notary P lic)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
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(affix nota.~~I. seal)
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0lMd J. Bertges, NoI8fy PIdo
atv Of eM. ErIe COl.I1ly
Mv Q"...iIMlon Expires Nov. 16. 2008
MlImber. ~AaaodIIb. Of NcJIIItIa.
2
Temporary Beach Restoration Easement
STATE OF ~"'S~'1i-
COUNTY OF ;E
OR: 3634 PG: 2945
The fOreg~J.EMPORAR)::.. EACH RESTORATION EASEMENT was acknowledged
before me this day of ~ , 2004 by Jacqueline K. Scheppner, who is
~ally know~ rl'lS or who has produ d as' e 'fication.
(affix notarial seal)
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~R: 3634 PG: 294~
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This instrument was prepared by/return to:
James D. Cullen, Esq,
MacDONALD, ILLIG, JONES & BRITTON LLP
] 00 State Street, Suite 700
Erie, PA ]6507-]498
. (8]4) 870-7705
2994132 OR: 3050 PG: 1089
RBCORDID in OPPIctlL RlCORDS of COLLI II COOlTl, PL
06/05/2002 at 03:19PK DIIGHT I. BROCI, CLllr
RlC PII 15,00
DOC-.70 .70
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LOOIS I AKATO
801 LAOm OAl DR '615
.AlLIS PL 34108 2766
Tax Parcel Number 27530120006
WARRANTY DEED
THIS WARRANTY DEED, made this 26th day of April 2002, is by and between
KATHLEEN A. SCHEPPNER and JACQUELINE K. SCHEPPNER, Trustees of the A. C.
SCHEPPNER 2000 QUALIFIED PERSONAL RESIDENCE TRUST, as Grantors, whose address
is clo 10073 Gulfshore Drive, Naples, Florida 34108, and KATHLEEN A, SCHEPPNER, whose
address is4225 Beech Avenue. Erie, Pennsylvania] 6508-3120 and JACQUELINE K. SCHEPPNER,
whose address is 332 Flamingo Avenue, Naples, Florida 34] 08-211 0, as Grantees.
WITNESSETH
iliA T the Grantors. for and in consideration ofthe sum of ONE DQLLAR ($1,00) and olher
good and valuable considerations, to them in hand paid by the Grantees', the receipt whereofis hereby
acknowledged, hereby grant, bargain and sell to the Grantees, Iheir successors and assigns forever,
a ten percent (] 0%) undivided interest in the following described real property, localed and situate
in the County of Collier, Slate of Florida, to wit
Lot 33, Block A. , CONNER'S VANDERBILT BEACH ESTATES,
resubdivision of Unit # 1, according to the Plat thereof, recorded in
Plat Book 3, page 18, Public Records of Collier County, Florida
Such parcel being subject to easements, reservations, and restrictions
of record
Being the same property conveyed to the Grantors herein by deed dated and recorded April
27, 2000 in Official Records Book 2668 beginning at page 2775
The benefits and obligations hereunder shall inure and shall be binding upon the heirs,
executors, administrators, successors and assigns of the Grantors and Grantees, The Grantors do
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LA"6 OR: 3634 PG: 2947 u~ L
OR: 3050 PG: 1090
hereby fully warmn'lI'e .ille.o .he ,ea1 pmpeny he,eby conveyed and will defend same a8mnst the
lawful claims of all persons whomsoever
IN WITNESS WHEREOF, 1I,e Gran.o" have executed this Warranty Deed 'he day and yea,
first above written,
Signed, sealed and delivered
in the presence of
A C. SCHEPPNER 2000 QUALIFIED
PERSONAL RESIDENCE TRUST
BY.)~j_~~AL)
KatHleen A cheppner, stee
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COMMONWEAL TH OF PENNSYL VANIA )
) 5S:
COUNTY OF ERIE )
On liDS, the 26'h day of April 2002, befo'e me, a NOlary Puhl;., Ihe undersigned office"
personally appeared KATHLEEN A SCHEPPNER, Trustee of the A C. Scheppner 2000 Qualified
Personal Residence Trust, known 10 me (0' sa'isfacto'ily pmven) to be Ihe pe"on whose name is
SUbscnbed to the within instrument, and acknowledged that she execuled the same fo, the pu'poses
therein contained.
In,wi~ss whereof I hereunto set my hand and official seal.
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Notary Public
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NotArial Seal
Deborah M. SIanJde"ir.z. NOISry Public
Oly of Erie, Erie COUnty
My CortUlllulon fu pires July 5, 2005
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