Parcel 724 (Le Dauphin Condo Assoc))
PROJECT: Beach Restoration 2004
FOLIO: 27480640005
PARCEL: 724
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTE EASEMENT (hereinafter referred to
t--I bIl:I ::;:IIl::'::c:lI
as "Easement") granted this -S~ day of . , 2004, by LE DAUPHIN;;! ~ ~ g
CONDOMINIUM ASSOCIATION, INC., a corpora ion not for profit under the laws of Florida,: ~ ~ ..
whose mailing address is 9811 Gulf Shore Drive, Naples, Florida 34108, as Grantor, to the::!::::;;!
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE~ ~ -
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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. en
(Wherever used h3rein the terms "Granter" and "Grantee" include all the parties to this
instrument and t~8ir rC~i~3ct:'1C ~~G;~-;:;, ::;:";CG&S~;;:;~3 e'-I"; a:..:~i[;~c'.)
WITNESSETH: That the Grantor, for and in consideration of the m:Jtual 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:
All of that land which lies in the sandy beach seaward of the vegetation line on the property
described as:
Lots 23 and 24, Block A, CONNER'S VANDERBILT BEACH ESTATES, Unit No.
1, according to the plat thereof recorded in Plat Book 3, Pages 8 and 9, 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:
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
~ur!Jose~ E'x!!rt'!ssed ~p.rp;",,_
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 construction of 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 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 of Grantee's
negligence.
5. Notice. In the event any damage causGd 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 shall excuse Grantee of any liability
for any and all such damage.
1
rHIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
PURSUANT TO AGENDA '
DATED: t.J. "7 ~ 0" InM NO. ,''-' c:... I c)
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*** OR: 3634 PG: 2933 ***
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 th3.t Grantor agrei'!s 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 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 thes
this ,ST..J day of ~ , 2004.
~~
~ature)
Name: ~HE:N IE. W,Ll'AwS
(Print or type)
~,/1-6J~
Witness (Signature)
N am e: C/te:ro tCllJ. .4, ()J IW A. nr:2>
(Print or type)
Le
esents to be duly executed
I e/h'h? j) /;tl4n i
(Print or type)
"bit A
Cjg// Wi! ~~ rll2-
A/4!t.lfS. .3~/oe
(Address)
STATE OF
COUNTY OF
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was
acknowledged before me this .'51!f day of _A,o,<HL , 2004 by
RJatAeh ~ttADlS (President), on behalf uf L~ Dauphin Condominium Association,
Inc., who is personally known to me or who has produced .Dn~ l"C&l~~ as
identification. ~
(affix notarial seal) , ~~ /l~ hdA-
(8ignatur~f Notary Public)- . ~
UV;-t/f'/f- 4!/J"vCl? 6'~(}t!Y'
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Co":lm!ssion #.:(if an;; i)~~ol64-8
My Commission Expires: _19/!tIi '..J1 ?lOQ7
~ T.wrPflI M, Graff
!-... , . My CommIMlon 00192&48
~_':.I EJlpIres Mlroh 12. 'JJXJ1
2