Folio #10155000000 - 3951 Gulfshore Blvd N PROJECT: Beach Renourishment 2019 INSTR 5767410 OR 5675 PG 1151
FOLIO/HEADER: 10155000000 RECORDED 9/18/2019 3:52 PM PAGES 3
ADDRESS: 3951 Gulf Shore Blvd North CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
DOC@.70$0.70 REC$27.00
TEMPORARY BEACH RESTORATION EASEMENT
THIS TEMPORARY BEACH RESTORATION EASEMENT (hereinafter referred to
as "Easement") granted this 041 day of Lem , 2019, by Horizon House
of Naples, Inc. , a Florida Not For Profit Corporation, whose mailing address is 3951 Gulf Shore
Blvd. North, Naples, FL 34103 as Grantor, to COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3299 Tamiami Trail E, Suite 300, Naples, FL 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 Grantee this Temporary Beach
Restoration Easement on, over and upon the following described property (hereinafter referred
to as "Easement Property"):
All of that land which lies seaward of the vegetation line on the property of the
tract or parcel of land lying within the parcel of real property described in
Condominium Book 3, Page 87 of the Public Records of Collier County,
Florida, a copy of which is attached hereto as Exhibit "A."
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 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 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:
Gary McAlpin, PE — Manager
Coastal Zone Management
Collier County Government
2800 N. Horseshoe Drive
Naples, FL 34104
Failure of Grantor to timely notify Grantee of same shall excuse Grantee of any liability
for any and all such damage.
Temporary Beach Restoration Easement Page 2 of 2
Beach Renourishment 2019 Address: 3951 Gulf Shore Blvd N
6. Grantor's Obligation. 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 automatically terminate on
December 31, 2024, without the necessity of any further instrument of record.
This is NOT HOMESTEAD Property
IN WITNESS W-IEREOF, the Grantor has caused these presents to be duly executed
this Tri day of S'� >C f f , 2019.
HORIZON HOUSE OF NAPLES, INC.,
Witnesses: a Florida not-for-profit corporation
Witness Signature By: d114-1
OM/
Print Name: t_of 4 r– Print Name: 0D, , AC017
Title:
Witness Signa GRANTOR
Print Name: 53-41 L ✓ u R I s/
STATE OF ../or, d
COUNTY OF ("-Dili L'A-- 'lJ
4reDke...The foregoing instrument was acknowledged fore me this day of SL , 2019,
by 4. 6/2 as / CK!) 7— on behalf of Horizon
House of Naples, Inc, a Florida not-for-profit corporation; who is /ersonally known to me; -or- ❑ has
produced as Identification.
Notary Public SilKature
Print Name: Pa eit Alt)/
My Commission # 4 • /6 • 020
Expires: _ 6-(1)– 003J/-3
A"'' Notary Public State of Florida
Pamela J Fowler
• y . Ai My Commission GG 003243
o a ler Expires 06/16/2020
Approved as to form and legality
VIA.S
Jennifer A. Belpedio, As . County Attorney cb\G3) 3
ese
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