An easement document for beachfront property owners to sign to receive sand from the beach recovery projects following Hurricane Ian has been updated by the Town Attorney.
The update to the easement makes it clear that there are no third party beneficiaries, and nothing prohibits the upland owner from using their property in any way as long as such use is consistent with the easement and complies with federal, state, county, and Town of Fort Myers Beach law.
It also clearly states that all risks associated with the use of the easement is on the Town, not on the property owner.
If a property owner signed the previous easement, they are not required to sign a new easement. But if the property owner prefers the new language, they are welcome to sign the updated easement agreement to REPLACE the previous one.
Questions can be sent by email to Chadd Chustz, the Town’s Environmental Projects Manager, at chadd@fmbgov.com
