Parcel 278TCE PROJECT: Misc #99999 (Bayview Drive & Lunar Street Renovation)
PARCEL: 278TCE
FOLIO No(s): #53353240001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS EASEMENT, is made and entered into this I( day of �G-�p�ppy-
20 13 , by KEITH GORDON PURDY AND DARLENE L. PURDY, husband and wife,
whose mailing address is 2965 Lunar Street, Naples, FL 34112 (hereinafter referred to
as "Grantor"), to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3299 Tamiami Trail East, c/o the Office of the County
Attorney, Suite 800, Naples, Florida 34112 (hereinafter referred to as "Grantee").
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties
to this instrument and their respective heirs, legal representatives, successors and
assigns. Grantor and Grantee are used for singular or plural, as the context requires.)
WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other
valuable consideration paid by the Grantee, receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells to the Grantee, a Temporary
Construction Easement to enter upon the lands described as follows:
SEE ATTACHED EXHIBIT "A" which is
incorporated herein by reference,
for the purpose of installing a yard drain described in Exhibit "B" to collect stormwater
into the public stormwater management system. Grantor, their successors and assigns
agree to be responsible for cleaning and clearing of the grate over the yard drain in
perpetuity.
WHEREAS, County has requested that Owner convey to the County a Temporary
Construction Easement over, under, upon and across the lands described in Exhibit "A"
(hereinafter referred to as the "Easement"), which is attached hereto and made a part
of this Agreement; and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the
Easement to the County for the stated purposes, on the terms and conditions set forth
herein, said terms including that no compensation shall be due and payable for the
Easement requested by County.
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
2. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
THIS CONVEYANCE ACCEPTED BY:THt
BOARD OF COUNTY COMMISSIONERS,
COLLER COUNTY, FLORIDA
PURSUANT TO THE PROVISIONS
OF RESOLUTION NO.201049
3. Conveyance of the Easement by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and this written
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the parties, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
The term of this Temporary Construction Easement shall commence upon the
issuance of Grantee's official Notice to Proceed to its contractor for the Bayview Drive &
Lunar Street Renovation Project and shall automatically terminate 365 days therefrom.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written.
AS TO C i� TY:. �jp� ,'1
DATED: 'V tiai±: ,cGO! 13
ATTEST: .• BOARD e , COU TY COMMISSIONERS
DWIGHT E. BROE K,`ejerk COLLIER i 0 N , FLORIDA
' � � LA , :',,- ' , I
L BY:
A . t as to Chainnan's�' 'e' u erk GE'•R OUT ILLER, Es q.
q
signature only. Ch-'a oman
AS TO GRANTOR:
DATED:
PJaQ &vx B : zi
Witness: Y '� ,Iii.
_H G6RDON PU` `'
O
E knc, C o2va.
Print Name:
i'
fitness:
///, C"..;/1 ..kit/ i(J ,7
Print Name:
'//2 Q/z , �'G��hc By: ,`.<<
Wi ess: Jar2
DARLENE L. PURDY
,L- / // 0/2 Jail
Print Name:
Ems, CUQJee,
Witnes
A/1,(4 8 ICJ-4....4,4.--
Print Name:
Last Revised: 10/15/10 2
._,J
STATE OF -1_o ti-'t?A►--
COUNTY OF c '-L-f E —
The foregoing Temporary Construction Easement Agreement was acknowledged
before me this 2.1t)--- day of S.}i.pTzwg .. , 2013 , by KEITH GORDON
PURDY, who:
)C is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of otary Public)
ASHLEY CASERTA .. }� , GAS -rte
.'NOTARY PUBLIC
'' STATE OF FLORIDA (Print Name of Notary Public)
fig' , Comm#EE005626
Expires 6/30/2014 Serial / Commission # (if any): 05-4o2tA
My Commission Expires: co 13 of
STATE OF 'R-t D
COUNTY OF CIE-tR-
The foregoing Temporary Construction Easement Agreement was acknowledged
before me this 21 fi ■ day of nw.t4 _ , 2013 , by DARLENE L.
PURDY, who:
X is personally known to me
OR
produced as proof of
identity.
(affix notarial seal)
(Signature of Notary Public)
7 ►+��/ C
ASHLEY CASERTA (Print Name of Notary Public)
NOTARY PUBLIC
STATE OF FLORIDA Serial / Commission oo Z
Comm#EE005626 # (if an ): 5ro
Expires 6/30/2014 My Commission Expires: 40/Y0/
Approved as to form and legality
.1
•
._
Assistant County Attorney
Last Revised: 10/15/10 3
C
PROJECT NO. 99999
PROJECT PARCEL NO. 278TCE EXHI
Paps
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
The West 15 feet of the North 15 feet of Lot 100, Lake Kelly Unit
2, according to the plat thereof, recorded in Plat Book 3, Page 93,
of the public records of Collier County, Florida.
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LUNAR STREET
. 15'
LOT 100
LAKE KELLY
w ' E UNIT 2
SKETCH NOT TO SCALE
Collier County Growth Management Division-Transportation Engineering Department 09104/13 5:16 PM
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EXHIBIT B
PLAN SHOWING YARD DRAIN INSTALLATION
IN PROPOSED TEMPORARY CONSTRUCTION EASEMENT
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titi ' ' $ CONTRACTOR TO FIELD/1, .
vERIFY EXISTING 4. . , 4 i
411..110Y
FORCf MAIN 4 OCATTON • ST.
1 1 k DEFLECT AS HELD(U
USING 4 45' BENDS /
(SEE SHEET 2 NOTE 2 I --/..—Imi*
— . z;->J10,•4r,IC I , ,--4;tcomuta r:VCTINC " `
W.. —^
REMOVE E XISTNG CURB FLUME
AND PROVIDE 5. CURB II -... TPA/4".>110C44 -: /7 la' r..tYP
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0 TRANSITION FORM TYPE "FT ,
CURB TO 2. vAku-r C.Ulltft - . , ..
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EXISTING ifTILITY ' pr
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MATCH EXISTOG w,„— ,..- -.---■•---4.4 s--
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MATCH EXISTING ........,...-°"' 4./"if..) '2' L s'IV , '. ' 117
CURB CUT ELEV. ...- *,
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DOECTAKE A. _,.." .4'7t- ' VI % ...4 -.•
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I PROPOSED TEMPORARY 1
• CONSTRUCTION EASEMENT j