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Parcel 729 (Sunset Bay Condo Assoc) PROJECT: Beach Restoration 2004 FOLIO: 27480400009 PARCEL: 729 TEMPORARY BEACH RESTORATION EASEMENT THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to 1'2n-. ~ I-t "'" "'" "'" as "Easement") granted this ~ day of ,2004, by SUNSET BAY ~ ~ ~ ~ I, ,/ CONDQ.MJ.f)lIUM ASSOCIATION, INC., a Florida non-p of it corporation, whose mailing address : ~ ; ~ tY2Z? is ~j~f Shore Drive, Naples, Florida 34108, as Grantor, to the BOARD OF COUNTY ~ !::: ~ IF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF ~ ~ b:l "'" en 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 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: Lot XIV, Block A, CONNER'S VANDERBILT BEACH ESTATES SUBDIVISION, Unit No.1, of a portion marked "Not included in this plat, as per 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 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 THIS CONVEYANCE ACCEPTED BY THE 130ARD OF COUNTY COMMISSIONERS, ;OLL1:~ COUNTY, FLORIDA, "~SUANT 30 AGENDA, rED~ l~ l~D"t ITEM NO. lfo Co 10 "'" <=>"'" 0:> n ___ C> '""'''''' ..- <:::> ........ "'" '" <:::> ~ .....~ <...u ....::::1 ,.j:::::a. '" rT CT"lo rT ~. --.1 <=> C-.o.> ~~ C> ~::::: co '"0 n :z: >: c:::> ~ ~ ::t:lI ...-. :;:ltJ ... C'> "'" =n ...... ~ C-.o.> ~~~ lXl 0 C-.o.> ""'.......~ C> n n .?" g 0-0 n::;Q t::"""" ~ ... ""'''''' "'" :;.., n 1'-"'> @'-C) ~C> .:-" 0:> ..... ~ n="", c> C> "'" '"0 ..., ..., I-t , "",. ..... en ....., "'" <=> "'" ..... '" 0:> <=> ....., <.n <=><:::><=> *** OR: 3634 PG: 2909 *** 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 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 I?, day of ~ ' 2004. ~:/-~ SUNSET BAY CONDOMINIUM ASSOCIATION, INC., a Florida Bynon-pro~por"~d~ F Presi~t _- Name and Address: -./Oh"--/ FV'5A/H~I:FL (Print or type) Witness (Signature) I. j Name: "Rt..t....cl-( ::r; ,~( A-DS'"LA,I' (Print or type) 5~. _,........ '-J ~ Witness (Signature) Name: ~\-.l.~ vv-.... ~v '\IG;o(",~~ (Print or type) 0/ W~ c;: ?/?;C&"7'7> ~ 0 <... #~?i:3, h. 3~/acP , (Address) STATE OF y::: L 0. ~\~A- COUNTY OF ~'O 1...'-\ ~R. The foregoing TEMPORARY BEACH RESTORATION EASEMENT was acknowledged before me this \~......... day of f\l\p.."{ , 2004 by ~t>~lJ \bAW\~ ~ '-- (President), on behalf of Sunset Bay Condominium Association, Inc., a Florida non-profit corporation, who is personally known to me or who has produced"b~ \-.J t:=" L..\.c.cuJSE' as identification. (affix notarial seal) '":::::."'-~~- A '\J ~ (Signature of Notary Public) "i':1.~"~t::t,~ SHARMAN A VEGER f.tJ;;.~ MY COMMISSION' DO 200619 ~~~ EXPIRES: June 7, 2007 . "i':f,P.f:I~'" Bonded Thru NoIIry ~jc Undenvrtllra .......f.""".. :s ~A-~ /!t tV A -J. A c... g-(.It. (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #:(if any) "'b'b :J. lJ D L \ 9 My Commission Expires: " -"1- c"1 2 ~ fr~~icien~J Assistant Countl AttorAel