Parcel 734 (Vanderbilt Beach & Harbour Club Assoc)
PROJECT: Beach Restoration 2004
FOLIO: 27480200005
PARCEL: 734
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to..... _ :oa :oa
as "Easement") granted this 24th day of February , 2004, by VANDERBIL T~ ~ ~ ~
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BEACH & HARBOUR CLUB ASSOCIATION, INC., A Florida Non-Profit Corporation, whose: ~ ~ ..
mailing address is 9301 Gulf Shore Drive, Naples, Florida 34108, as Grantor, to the BOARD OFS~. ~
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY~ g: -
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OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER !:; ~
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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 seaward of the seawall located on the property
described as follows:
Part of Section 32, Township 48 South, Range 25 East, more particularly
bounded and described as follows:
Beginning at the northeast corner of Lot 4, Conner's Vanderbilt Beach
Estates, Unit 1, per plat in Plat Book 3, Pages 8 and 9, Public Records of
Collier County, Florida, said northeast corner also being in the west line of
Gulf Shore Drive; thence north 8024'30" west, along the west line of Gulf
Shore Drive, 200 feet to a point and the place of beginning; thence continuing
north 8024'30" west along the west line of Gulf Shore Drive, 200 feet to a
point; thence south 81035'30" west, 285 feet more or less to a point on the
shore of the Gulf of Mexico; thence in a southeasterly direction along the
shoreline of the Gulf of Mexico, 200 feet more or less to a point on said
shoreiine which bears south 81035';JO" east, 285 feet more or iess to ihe place
of beginning.
Said premises also being shown as Lots VII and VIII, Block A, (not included in
this plat) on that certain plat recorded on 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 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
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fHIS CONVEYANCE ACCEPTED BY THE
!OARD OF COUNTY COMMISSIONERS
cOllIER COUNTY, FLORIDA ·
PURSUANT TO AGENDA '
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Temporary Beach Restoration Easement
OR: 3634 PG: 2917
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.
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 24th day of February ,2004.
(Jfa4rJlr < I2t
VANDERBILT BEACH & HARBOUR CLUB
ASSOCIATION, INC., a Florida Non-Profit
Corporation
BY:~~
President
Name and Address: Nicholas Berger
{Print or type}
Witness {Signature}
Name: Charlotte M. Paul
{Print or type}
IT~~n Mnrri c::
2889 50th St. SW
{Print or type}
Naples, Fl 34116
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*** OR: 3634 PG: 2918 ***
Temporary Beach Restoration Easement
STATE OF Florida
COUNTY OF Collier
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was
acknowledged before me this 24th day of February ,2004 by
Nicholas Berqer (President), on behalf of Vanderbilt Beach & Harbour Club
Association, Inc., a Florida non-profit corporation, who is personally known to me or
who has produced as identifi~ tion.
(affix notarial seal)
G) SAlLY l. SMITH
MY COMMISSION # 00 124230
EXPIRES: August 1,. 200lS
l.aJO.!..NOTAAY Fl NalIry SeMce & IlondIng. Inc.
Sally r.. Smi th
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: 811da~
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