Parcel 725 (Villas of Vanderbilt Beach)
PROJECT: Beach Restoration 2004
FOLIO: 27480600003
PARCEL: 725
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION ~SEMENT (hereinafter referred to 0-< "'" "'" "'"
as "Easement") granted this c;th day of m,a.-y, fd::. , 2004, by VILLAS OF ~ ~ ~ g
VANDERBILT BEACH, CONDOMINIUM ASSOCIATION, Inc., whose mailing address is 9715:;: ~ ~ ..
Gulf Shore Drive, Naples, Florida 34108, as Grantor, to the BOARD OF COUNTY:3 ~ ~
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 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 21 and 22, Block "A", Unit No.1, CONNER'S VANDERBILT BEACH
ESTATES, 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
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 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 of Grantee's
negligence.
5. Notice. In the event any damage caused or believed to be caused by Grantee to
Grantor's property, Grantor aqrees, 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.
THIS CONVEYANCE ACCEPTED BY THE
BOARD OF COUNTy COMMISSIONERS
COLLIER COUNTY, FLORIDA '
PURSUANT TO AGENDA '
DATED: 1 -a.. 7 -c~ ITEM NO. I (Q c.. to
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Temporary Beach Restoration Easement
*** OR: 3634 PG: 2931 ***
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 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 5"7'''' day of ~ 171 Cl ,..., ,2004.
E!1~ 87'1 /~
Witness (Signature) n
Name: Gfle.v.. Gi:J'1h",~
(Print or type)
VILLAS OF VANDERBILT BEACH
CONDOMINIUM ASSOCIATION, INC.,
a Florida cor oration
~~4(1iftJdV
Witnes~ignatl:!re) L 11/ 1./
Name: onl1,e . C Q r K-
(Print or type)
B.
President
Name and Address:
97)~- r;;V'-7..srjc>-~ ~~
~ "Iv'i
~?l.-O 7L
( dress)
:J...../JDl(
STATE OF ,,~~
COUNTY OF PA-f)J<-~A.. .J
The foregoing TEMPORARY ~~'pH RESTORA TI~--'~SEMENT was
~cknoWledG;d before me this ~ "?1 day of Y710 , 2004 by
'V~ICL d-n er- (President), on behalf of Villas of Vanderbilt Beach
Condominium ASSO~, Inp., a Florid~ corporati who is personally known to me or
who has produced' C Vu.? t2u~ as ide ifi ation.
(affix notariai seal)
I&!~
(Signature of Notary Public)
bon~(e L. C (QrC
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires:
0) ICIIII CLAM
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