HomeMy WebLinkAbout2003-206C. C J
TEMPORARY DUNE RESTORATION EASEMENT
This TEMPORARY DUNE RESTORATION EASEMENT ( " Easement " ) , made and
executed this day of August , 2003 , by MARBRISA HOMEOWNERS
ASSOCIATION , INC . , a non - profit Florida corporation , whose address is C/O Elliot
Merrill Management , 835 20th Place , Vero Beach , FL 32960 , hereinafter called Grantor
to Indian River County , a political subdivision of the State of Florida , whose address is
184025 th Street , Vero Beach , FL 32960 , hereinafter called Grantee ,
WITNESSETH :
That Grantor, for and in consideration of the sum of ONE DOLLAR and other good and
valuable consideration , receipt and sufficiency of which is hereby acknowledged , does
hereby grant unto the Grantee a TEMPORARY BEACH RESTORATION EASEMENT
on , over, across , and beneath the following described land , situate in Indian River
County , Florida , to-wit :
THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF ( " Easement Premises " )
This is a nonexclusive Easement with Grantor reserving the right to continued free use
of the Easement Premises 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 employees , contractors ,
subcontractors , agents , and assigns for the Grantee ' s beach restoration project
known as the Baytree , Marbrisa , and Seagrape Trail Dune Restoration
Projectand shall include , without limitation , the right to use the Easement
Premises for constructing , enlarging , repairing , replacing , and maintaining the
beach and shoreline by filling with compatible sand , and for planting and
maintaining native dune vegetation .
3 . Access . Grantee and its employees , contractors , subcontractors , agents , and
assigns shall have the right of ingress and egress over and across the Easement
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Premises as is necessary for the use of any right granted herein during the term
of this Easement.
4 . Repair of Damage . All areas within the Easement Premises disturbed by the
Grantee or its employees , contractors , subcontractors , agents , and assigns in
accomplishing the within-stated purpose will be restored to a state comparable to
that which existed at the commencement of such construction .
5 . Reasonable Use . The Grantee agrees not to interfere unreasonably with the
Grantor's use of the Easement Premises ,
6 , Grantor's Obligations . Grantor agrees not to do or commit any acts which would
interfere with the rights granted to Grantee under this Easement, including ,
without limitation , the following : removing any of the sand or native dune
vegetation currently in place or placed/planted by Grantee pursuant to this
Easement; or placing any other material or substance in or around the Easement
Premises that may have the effect of damaging the function or appearance of the
beach , dune , vegetation , or coastline .
7 . Termination . All rights granted hereunder shall terminate on March 1 , 2008 ,
without the necessity of any further instrument of record .
8 . Covenants Run with the Land . The covenants , rights , restrictions , reservations ,
and easement herein set forth are and shall run with the land .
And Grantor hereby covenants with said Grantee that it is lawfully seized of the
Easement Premises in fee simple , and that it has good right and lawful authority to
convey the Easement established hereby.
IN WITNESS WHEREOF the Grantor has herein set its hand and seal the day and year
first above written .
Signed , sealed , and delivered MARBRISA HOMEOWNERS
in the presence of: ASSOCIATION , INC .
By
Sign Gerald Solin , President
Printed Name :
Sign
Printed Name :
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2003 , by Gerald Solin , President of MARBRISA HOMEOWNERS
ASSOCIATION , INC . , on behalf of same , and he is personally known to me or produced
as identification .
Sign :
Notary Public
Printed/Stamped name & Commission #
Instrument Prepared by
Marian E . Fell
Assistant County Attorney
Indian River County
1840 25" Street
Vero Beach , FL 32960
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