Parcel 735, 736 (Vanderbilt Beach Motel, Inc.))
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PROJECT: Beach Restoration 2004
FOLIO: 27480160006,27480120004
PARCELS: 735,736
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTO TION EASEMENT (hereinafter referred to
as "Easement") granted this o/3f''{J day of /:;?, r..-I.{ 1.0 ,2004, by VANDERBILT S 5 E ~
BEACH MOTEL, INC., a Florida Corporation, whose mailing ddress is 9225 Gulf Shore Drive ~ :;;::: :: ~
North, Naples, Florida 34108, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF ~ ~ ~
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS Q ~ ~
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 seaward of the seawall located on the property
described as:
Lots 4, V and VI, Block "A", Unit No.1, CONNER'S VANDERBILT BEACH
ESTATES, per plat recorded in Plat Book 3, Page 8, 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. US2. 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 caused or believed to be caused by Grantee to
Grantor's property, Grantor agrees, within seven (7) days of becoming aware of any such
damago, to nctjf~l Gran!eo ~r: \''.'riti~g, in care cf the fc!!c'!.'~:-1~ ::;dividu3! ~nd addre~s, by cert!fied
mail, return receipt requested:
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Ronald Hovell, Project Manager
Office of Capital Projects Management
Collier County Government
3301 Tamiami Trail East
Naples, Florida 34112.
~~l~DCg:V~~NCE ACCEPTED BY THE
COLLIER COUN~~: ;~::~;IONERS.
PURSUANT TO AGENDA ·
DATED: J ,.J.7-ol.{ ITEM NO. Ut: C/O
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
~ 5.5" /11, fwd"6 hw'~J fie f,f'<J"'v::J I 6' ruv.fnr t!J~; ~ ~ ,- V'6 ty".,.!?e ;)p/'/11i>/>ilYJ
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*** OR: 3634 PG: 2915 ***
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 .;(3 Pl) day of ~t:?5,et.t ~tAl ' 2004.
~~/_-
Witness { . nature
Name: r If 7-
(Print or type)
~ 1Y1. ';j)oJUoJJi.
Wit ss (Signature) .,~ "I
Name: Cr~51'A \ rY) Yo( Le.J I
(P int or type)
VANDERBILT BEACH MOTEL, INC.
a Florida qorporation . ~
By: .fitu~#/{L \/ , ~~
President
Name and Address: .ff.J)tl/~ v:P/Jpf?d?e
(Print or type)
9'.J-:J- ~ ~>#P.-eL=- ~C' N.
N#/i6:5. r2 3WD~
/
(Address)
STATE OF /I-{)t1rf:> /+
COUNTY OF CottH---T\J
The foregoing TEMPORARY BEACH RESTORATION EASEMENT was
ac~nowledged before me this J. '3 Ph day of rt.:--73.."zM A-A-1 , 2004 by
IlttlfJrl Hooe.~ (President), ~LQf the Vanderbilt Beach Motel, Inc., a
Florida corporation, who is personally knowIT'-)to me or who has produced
as identific~~
,.-.-~ ~
c75~~
(Signature"of Notary ub 'c,
t7?rM J ,~ 66" ;e
(Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any)
My Commission Expires: .' J - :J )' -@ t{
~"'V~"'" Rita J. Rigio
m\Cnnmll.... , cc 990133
: . . i Exp!re8 Dol. 25, ~
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,W"~ AilaDtic BoDlIIIlr a... Ia.
(affix notarial seal)
'DfWO.,~t' tio~ XA;~''::_J
~COijntJ AttoroeJ
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