Parcel 721,722,723 (Westgroup/Halstatt)
PROJECT: Beach Restoration 2004
FOLIO: 27480800007,27480760008,27480720006
PARCELS: 721,722,723
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to ae is 5 ~
"Easement") granted this in rk.-. day of :r <.L ~ , 2004, by WESTGRom: ~ ; ::
LAPLAYA, LLC, a Florida limited liabilitytL'ompany, and THE HALSTATT PARTNERSHIP, eEl?;;. ~
Florida general partnership, as Tenants in Common, whose mailing address is 2600 Golden Gate;; ~ ::
Parkway, 3rd Floor, Naples, Florida 34105, as Grantor, to the BOARD OF COUNTY g;;
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF ~
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COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, whose mailing address is 3001 East Tamiami Trail, Naples,
Florida 34112, as Grantee.
All of that land which lies seaward of the seawall located on the property
described as:
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(\Vherever used herein the terms "Grantor" and "Grantee" include all tbe 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 Grantor this Temporary Beach Restoration Easement (hereinafter
referred to as "Easement Property") described as follows:
Lots 25-30, Block A, CONNER'S VANDERBILT BEACH ESTATES, Unit
No.1, according to the plat thereof recorded in Plat Book 3, Pages 8 and 9, of
the Public Records of Collier County, Florida.
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:
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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 express herein.
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2. Use. The Easement may be used by Grantee, its contractors, agents, and assigns for the ~ ~ ~
purposes 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 equipment and supplies, to temporarily store equipment and supplies on the
Easement Property provided such equipment and supplies are being used for work being immediately
performed on the Easement Property and then only for a reasonable period of time during such work,
to erect and remove temporary access facilities on the Easement Property to provide access over any
obstructions, pipes, conduits or equipment placed on the Easement Property and to perform any other
work reasonably necessary and incident to the construction of 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 permanent 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 ofthe work contemplated in this Easement.
:~~~DCOOHFVCEYANCE ACCEPTED BY THE
OUffTY COMMISSIONERS
COLLIER COUNTY. FLORIDA ·
PURSUANT TO AGENDA ·
DATED: , .-:l, --t>tt. InM NO. I (g c.. , Q
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OR: 3634 PG: 2935
Temporary Beach Restoration Easement
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within fourteen (14) 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 shall excuse Grantee of any liability for any
and all such damage.
6. Grantor's Obligation. 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 the 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. Grantee's Indemnification. In consideration of this Easement, Grantee agrees to
indemnify and hold harmless the Grantor, from and against all claims arising from Grantee's use of the
Easement Property described herein.
10. Termination. All rights granted hereunder shall terminate (i) at any time after five (5)
years from the date of the recording of this Easement, upon the recording ofa Notice of Termination of
Easement Rights by Grantor (which document shall specifically reference this Easement), or (ii) on
December 31, 2024 without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property.
[THIS SPACE HAS BEEN INTENTIONALLY LEFT BLANK]
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OR: 3634 PG: 2936
Temporary Beach Restoration Easement
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed this I ~
day of -:::r v {\~ , 2004.
Westgroup LaPlaya, LLC
By:
anaging Member
Name and Address:
/Y(P~e.r
(Print 0 ype)
S --1) K.." r ~ ta. (\ d way
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(Address) cy ~O ~.3
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· tYCU
(Print or type)
STATE OF ~'7V\ \ ~ (o1121l
COUNTY OF ' ~ ctJ
The fore~oing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this IU-'" day of ~ ' 2004 by 11.-P. ~it ~
(Managing Member), on behalf 0 estgroup LaPlaya LLC, a Florida limite liability company, who
is personally known to me OL-Wb.e- has produGed .as
i~en.
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(Signature of Notary Public)
C/; II 'sh /i e.. e--v13?15
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any) I ~
My Commission Expires: (I / /~! 'i
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Temporary Beach Restoration Easement
Signed, sealed and delivered
in the presence of:
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SANDRA P. THOMAS
Print Name
J:::.a~J__~
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
OR: 3634 PG: 2937
THE HALST A TT PARTNERSHIP,
a Florida general partnership
By: KATHERINE G. SPROUL, JULIET A.
SPROUL, and JENNIFER S. SULLIV AN, as
TRUSTEES for the JULIET C. SPROUL TRUST
under the Will of Barron Collier, Jr., deceased,
and as confirmed by Change of Trustees dated
January 1, 2002, and filed March 5, 2002, in
Official Records Book 2992, Page 2016, of the
Public Records of Collier County, Florida, as a
Partner.
The foregoing TEMPO Y BEACH RESTORATION EASEMENT was acknowledged
before me this '-LJl day of ' , 2004 by KATHERINE G. SPROUL, AS
TRUSTEE, for the JULIET C. ROUL TRUST under the Will of Barron Collier, Jr., deceased, and
as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official
Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, as a Partner, on
behalf of said Florida Partnership, who is personally known to me or who has produced
as identification.
(affix notarial seal)
,IU'U,
~'<!r--v r~. GAIL W. ANDERSON
{*:F-;K"I::~ MY COMMISSION # DO 221740
~i~'o/ EXPIRES: July 5, 2007
'~P.r.,r..if,: Bonded Thru Notary Public Underwriters
J; tid tJ UncU14mJ
(Signature of Notary Public)
GAIL W. ANDERSON
(Print Name of Notary Public)
NOTARY PUBLIC
SeriaVCommission #: (if any)D.ffid.-J.1) t{O
My Commission Expires: -7/ ~ JD 7
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OR: 3634 PG: 2938
Temporary Beach Restoration Easement
Signed, sealed and delivered
in the presence of:
THE HALST A TT PARTNERSHIP,
a Florida general partnership
By: KATHERINE G. SPROUL, JULIET A.
SPROUL, and JENNIFER S. SULLIV AN, as
TRUSTEES for the JULIET C. SPROUL TRUST
under the Will of Barron Collier, Jr., deceased,
and as confirmed by Change of Trustees dated
January 1, 2002, and filed March 5, 2002, in
Official Records Book 2992, Page 2016, of the
Public Records of Collier County, Florida, as a
Partner.
~ .. tV A -~rn-,-4./
~Itn ss
. SANDRA P. THOMAS
Print Name
w&~d ~
SUSAN J. NB.8ON
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
The fOr~~g TEM~~RARY BEACH RESTORATION EASEMENT was acknowledged
before me this, day of ~U"'-l?./ , 2004 by JULIET A. SPROUL, AS TRUSTEE,
for the JULIET C. SPROUL UST under the WIll of Barron CollIer, Jr., deceased, and as confirmed
by Change of Trustees dated January I, 2002 and filed March 5, 2002, in Official Records Book 2992,
Page 2016, of the Public Records of Collier County, Florida, as a Partner, on behalf of said Florida
Partnership, who is personally known to me or who has produced
as identification.
i$\r;.!/.f~. GAIL W. ANDERSON
~1{'A~:*% MY COMMISSION # DD 221740
~.~~~; EXPIRES: July 5,2007
~P,r..r..~ Bonded Thru NOlary Public Underwriters
I~ /7. Ii ( I Q d
h Lt,,-<...J<.::- .. _U, }1 f ~{"IJI} 7
(Signature of Notary Public)
GAIL W. ANDERSON
(affix notarial seal)
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any) D D )..d-/7t./- 0
My Commission Expires: .1/ S" /07
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Temporary Beach Restoration Easement
Signed, sealed and delivered
in the presence of:
-~~ b~ 'Y::?-f~~~-'
Wit ess
SANDRA P. THOMAS
P~4b
Witness
.'. SUSAN J. NElSON
Print Name
STATE OF FLORIDA
COUNTY OF COLLIER
*** OR: 3634 PG: 2939 ***
THE HALSTATT PARTNERSHIP,
a Florida general partnership
By: KATHERINE G. SPROUL, JULIET A.
SPROUL, and JENNIFER S. SULLIVAN, as
TRUSTEES for the JULIET C. SPROUL TRUST
under the Will of Barron Collier, Jr., deceased,
and as confirmed by Change of Trustees dated
January 1, 2002, and filed March 5, 2002, in
Omcial Records Book 2992, Page 2016, of the
Public Records of Collier County, Florida, as a
Partner.
The fore~Oing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged
before me this-l-f} day of (ii}/J ~~_~ ~ , 2004 by JENNIFER S. SULLIVAN, AS
TRUSTEE, for the JULIET C. SOUL TRUST under the WIll of Barron CollIer, Jr., deceased, and
as confirmed by Change of Trustees dated January 1, 2002 and filed March 5, 2002, in Official
Records Book 2992, Page 2016, of the Public Records of Collier County, Florida, as a Partner, on
behalf of said Florida Partnership, who is personally known to me or who has produced
as identification.
(affix notarial seal)
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~<'$.,.y.f .>~ GAlL W. ANDERSON
.. N"A ~~ MY COMMISSION # DO 221740
~'~~{l'! EXPIRES: July 5, 2007
ri """~,9r.~~"" Bonded Thru Notary Public Underwrftlft
~'''''i'1"I'r~'IMI!II'-''''''"~''''''''''"''''','r.''''I'''''
.NplLibl:531202.1 5/27/2004
jau u/ aJJdt",,;Ur,
(Signature of Notary Public) ,
GAIL W. ANDERSON
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #: (if any) DDdd \ 140
My Commission Expires: .7/ <;;-{Dr
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