Parcel 719 (Monaghan)
L3
PROJECT: Beach Restoration 2004
FOLIO: 27530080007
PARCEL: 719
TEMPORARY BEACH RESTORATION EASEMENT
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THIS TEMPORARY B~ACH REST.ORATION EASEMENT (hereinafter referred to:;: ~ ~ --
as "Easement") granted this ~ day of 11J,ou~ , 2004, by THOMAS S. S ~ ~
MONAGHAN, Trustee of the THOMAS S. MONAGHAN LIVING TRUST, dated December 29, ~ ~ ::
1975, whosemailingaddressis5140TurtlePointDrive.AnnArbor.MI48105 as Grantor, to the !S ~
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE ~
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING CJ>
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 24112, 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 3372, Page 124 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 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. rtotice. 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 sfiWlse~~aNfl1eKc~kffldi~litt'HE
for any and all such damage. BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA ·
1 PURSUANT TO AGENDA ·
DATED: l-A'- oq rTEM NO. I c., C. lO
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OR: 3634 PG: 2941
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 not HOMESTEAD Property
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed
this 3f day of 10/ (ire h , 2004.
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Wi ess (Signature)
Name:dc)f\~ S'\~~<:...-,
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Name: ~v'\~(l ~ClfbDI\QClU.
(Print or type)
Thomas S. Monaghan, individu
and as Trustee of the Thomas S. Monaghan
Living Trust
5140 Turtle Point Drive
Ann Arbor, MI 48105
STATE OF ..t:! I
COUNTY OF ~c;;..:.hfp/\t1.v
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'''",-~~\~?~~;~ foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
,"~'\~J.;.et.()1"e me this ~ day of A1tAYL'A ,2004 by Thomas S. Monaghan, individually and
r; "~:~:~ a~ "Trustee of t;ie Thomas S. Monaghan Living Trust, who is personally known to me or who
,..>'~~. ):~~r,~~produced (.<.,. ch" \N.''0 \ i.<'t' r-.. (\... as identification.
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.:' ;'J/::;;:::~:'~'..,,~~:-~~:, (Signature of Notary Public)
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· If:fflliit\.' '. . , .1J,,/ 1-'
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(Print Name of Notary Public)
NOTARY PUBLIC MARIE PELLETIER
Serial/Commission #:(if any) Notat70 PubJjc~ Washt,enaw CJunty. M1
My Commission Expires: My ommlSS/on Expires Dee 2, 2004
~r~$. to tOri;! legal ~uff1c1eney
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Assistant Countl AttorneJ
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Timothy G. Hafns
4501 Tamfamf Trail North
Su ite 300
Naples, Fl 34103
*** 3242023 OR: 3372 t~: 0124 ***
RBCORDBD 10 omCIAL RBCORDS of COLLIBR coum, PL
08/15/lO03 at 01:15PM DWIGHT I. BROC1, CLm
COKS 3575000.00
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This InslJUmenl Prepared Without Examination!
Or Opinion Of Title By:
Raymond J, Bowie, Esq.
900 Sixth Avenue South. Suite 104
Naples, Florida 34102
(239) 435-1007
Fax (239) 435,0021
Rete,
QUARLU , BRADT
'iO 1 lAKIA"1 TR " mo
HAPLBS PL HI03 3m
WARRANTY DEED
TIllS WARRANTY DEED made this ~ day of August. 2003, by RICIIARD. G. COLE and NEONA L.
COLE, husband and wife, whose posl office address is 6427 Dunberry Lane, Naples. Fl 34119, hereinaller called
GRANTOR, to mOMAS S. MONAGHAN. Trustee of THE THOMAS S. MONAGHAN LIVING TRUST, dated
December 19,1975, possessing full power and authority either to protect, conserve and to sell or 10 lease, or to encumber or
otherwise 10 manage and dispose of the real property described herein, whose post office address is 5140 Turtle Poinl Drive,
Ann Arbor, Ml 48 J 05, hereinaller called GRANTEE.
WITNESSETII: That the said Grantor, for and in coruiderntion of the sum of $10.00 and other valuable
considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells and conveys to the said Grantee, their
heirs, successors and assigns forever, the following described land situate, lying and being in the County of Collier, State of
Florida. to wit:
Lot 32, Block A. Re-Subdivision of part of Conner's Vanderbilt Beach Estates, Unit No. J, according 10 the plat
thereof as recorded in Plat Book 3, Page 18. of the Public Records of Collier Counly, Florida.
SUBJECT TO: 1) Restrictions, reservations, limitations and easements of record common to the subdivision if
any now exist, but any such interests as may have terminated are not hereby reimposed; 2) applicable zoning, land use,
building code and other governmental restrictions; 3) outslanding oil, gBS and mineral interests of record, if any; 4) real estate
taxes and assessments for the year 2003 and subsequent yeara.
For Informalion Purposes Only: Tax Parcel J.D. No.: 27530080007
AND Grantor docs hereby fully warranllhe title to said land. and will defend the same againsl the lawful claims of
all persons whatsoever, except as ahove noted.
IN WITNESS WIIEREOF, the Ornntolis) have slsned their names below on the date lint above written:
WrfNESSES:
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Name: _fj(.4,t1)fC'.s.__iJ_,Z~,,..('
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IUCI AM G. COLE
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Name: ~1._-::-.I!:l.J~
EXHlBlTL
Page I fIf I
STATE OF N ~\J.) \\-t't ~'fut-lL
COUNTY O~~,_.. ___
The roregoing instmmenl was acknowledged before me, Iheundenigned Notary Public, lhis . \'3 day of Augu.;t,
2003, by RICHARD G. COI.E and NEONA L COLE, LJ who are o;on81~wn 10 me or ('g,r who produ< cd
driver's license(s) as identilication I am a Notary Public of the SlJIte of w l\~__, and my commiss,on
expires on:
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O' IN PUBLIC
___(SEAL)