Loading...
Parcel 104TCE PROJECT: Golden Gate Main Canal Weir No. 4 Replacement Project No. 60204 PARCEL No: 104TCE FOLIO N): Portion of 39260980009 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this a5`14 day of ,f4 a , 2017, by and between ROBERT E. TIBERIO AND JACQUELYN C. TIBE IO, husband and wife, whose mailing address is 811 10th St. NE, Naples, FL 34120 (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, 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 "County"). 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 "TCE"), which is attached hereto and made a part of this Agreement for any and all purposes deemed by County to be necessary, convenient, incident to, or in connection with canal excavation, removing an existing weir, constructing a new weir and related facilities, and construction, operation, replacement and maintenance of said canal, weir and related facilities within the South Florida Water Management District's property and County's easement immediately adjacent thereto, including but not limited to the following: (i) vegetation and tree clearing, grubbing and removal; (ii) construction staging; (iii) construction activities and operation of construction equipment; (iv) daily and overnight parking of vehicles and equipment; (v) dewatering; (vi) bypass of and removal of the existing structure; (vii) construction of new structure; (viii) transporting and storing construction equipment, materials, vehicles and supplies; and WHEREAS, It is contemplated that County will utilize contractors, subcontractors, employees, and will utilize other governmental entities, including but not limited to the South Florida Water Management District and its contractors, subcontractors and employees, in connection with County's exercise of the interests, rights, privileges, and powers conveyed and granted to County under this Easement; and WHEREAS, the Owner desires to convey the TCE to the County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, the County has agreed to compensate the Owner for conveyance of the TCE. 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 are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. RECITALS - 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. PURCHASE PRICE - Owner shall convey the TCE to County for the sum of: $700.00 subject to the apportionment and distribution of proceeds pursuant to Paragraph 8 of this Agreement (said transaction hereinafter referred to as the "Closing"). Said payment to Owner, payable by County Warrant or funds wire transfer, shall be full compensation for the Easement conveyed, including (if applicable) all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, including, but not limited to (if applicable), the cost to relocate the existing irrigation system and other improvements, and the cost to cut and cap irrigation lines extending into the Easement, and to remove all sprinkler valves and related electrical wiring, and all other damages in connection with conveyance of said Easement to County, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. Notwithstanding the foregoing, County shall ensure that a cluster of three slash pine trees located close to the canal bank in the middle section of the Easement shall be avoided during site clearing and construction of the project. These trees have been marked with yellow tape and are more fully described and depicted in Exhibit "B" attached hereto and made a part hereof. 3. CLOSING DOCUMENTS AND CLEAR TITLE — If requested by County, Owner shall assist County with securing, from the holders of any liens, exceptions and/or qualifications encumbering the TCE, the execution of such instruments which will remove, release or subordinate such encumbrances from the TCE upon their recording in the public records of Collier County, Florida. Prior to Closing and as soon after the execution of this Agreement as is possible, Owner shall provide County with a copy of any existing title insurance policy and the following documents and instruments properly executed, witnessed, and notarized where required, in a form acceptable to County (hereinafter referred to as "Closing Documents"): (a) Temporary Construction Easement; (b) Instruments required to remove, release or subordinate any and all liens, exceptions and/or qualifications affecting County's enjoyment of the Easement; (c) Closing Statement; (d) Owner's Affidavit; (e) W-9 Form; and (f) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by County, County's counsel and/or title company. 4. TIME IS OF THE ESSENCE - Both Owner and County agree that time is of the essence. Therefore, Closing shall occur within ninety (90) days of the date of execution of this Agreement or within thirty (30) days of County's receipt of all Closing Documents, whichever is the later. This agreement shall remain in full force and effect until Closing shall occur, until and unless it is terminated for other cause. At Closing, payment shall be made to Owner in that amount shown on the Closing Statement as "Net Cash to the Seller. 5. MISCELLANEOUS REQUIREMENTS - Owner and County agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. REPRESENTATIONS AND WARRANTIES - Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the TCE, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) County's acceptance of the TCE shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than County has any right or option to acquire the TCE or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the TCE or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the TCE, without first obtaining the written consent of County to such conveyance, encumbrance, or agreement, which consent may be withheld by County for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the TCE. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the TCE or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the TCE which has not been disclosed to County in writing prior to the effective date of this Agreement. (g) County is entering into this Agreement based upon Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the TCE to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter into any contracts or agreements pertaining to or affecting the property underlying the TCE and not to do any act or omit to perform any act which would change the physical condition of the property underlying the TCE or its intended use by County. 7. CURATIVE INSTRUMENTS, PROCESSING FEES, TAXES - County shall pay all fees to record any curative instruments required to clear title, and all TCE recording fees. In addition, County may elect to pay reasonable processing fees required by mortgagees in connection with the execution and delivery of a Release or Subordination of any mortgage, lien or other encumbrance recorded against the property underlying the TCE; provided, however, that any apportionment and distribution of the full compensation amount in Paragraph 2 which may be required by any mortgagee, lien-holder or other encumbrance- holder for the protection of its security interest, or as consideration due to any diminution in the value of its property right, shall be the responsibility of the Owner, and shall be deducted on the Closing Statement from the compensation payable to the Owner per paragraph 2. County shall have sole discretion as to what constitutes "reasonable processing fees." In accordance with the provisions of Section 201.01, Florida Statutes, concerning payment of documentary stamp taxes by County, Owner shall further pay all documentary stamp taxes required on the instrument(s) of transfer, unless the Easement is acquired under threat of condemnation. 8. TERM OF EASEMENT - The term of the TCE shall commence upon the issuance of the South Florida Water Management District's official Notice to Proceed to its contractor for the construction of the project, and shall automatically terminate 1,095 days therefrom. 9. EFFECTIVE DATE - 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 trustee(s), and/or assignees, whenever the context so requires or admits. 10. ENTIRE AGREEMENT - Conveyance of the TCE, or any interest in the property underlying the TCE, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; 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. No modification, amendment or cancellation of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Owner and County. 11. SEVERABILITY - Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 12. VENUE - This Agreement is governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. AS TO COUNTY: DATED: 4- .-' A ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA b a '' ...0- (-)*( )(S BY: -../2"X'` __ -4/L‘''' t Clerk PENNY T OR, CH AN y A est as to Chairman signature only., AS TO OWNER: DATED: 3 - I �- itnt (Sign ture) ROBERT E. TIB RIO S;-1)4f $ Namfrrint or Type) r �6h Witness ( gnature) /( iif CA 0/5 Name (Print or Type) 11 \Alliesis Signature) J A QU YN C. TIBERIO S110025 Namel(Print or ype) fitness (Signature) (1oaj /V c1761� Name (Print or Type) Approved as to form and legality: it).C.,:k.„,-1 Jennifer A. Belp io \ Assistant County Attorney ?" SKETCH AND DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT THE SOUTH ONE HALF(1/2)OF TRACT 20, GOLDEN GATE ESTATES UNIT NO.49 (RB.5, PGS.80-81, C.C.R.) COLLIER COUNTY, FLORIDA CANAL I I ' I ' I I J 1 1 18 Z 19 I I 54 IWI Q ii W I Z' Z II— /1J. FW' W I�� 17 20 W 53 EXHIBIT ,A 1t1 16 Q 21 C, 52 Z Z I 1 ❑ II I 1 9J II LAND DESCRIPTION: LOCATION SKETCH NOT TO SCALE A portion of Tract 20, GOLDEN GATE ESTATES UNIT NO. 49, according to the Plat thereof as recorded in Plat Book 5, Pages 80 through 81, of the Public Records of Collier County, Florida, described as: The East 30.00 feet of the West 100.00 feet of the South one half (1/2) of said Tract 20, less the south 30 feet thereof. Said land lying in Collier County, Florida, containing 4,050 square feet, more or less. SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. No underground improvements were located. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: C.C.R. = Collier County Records; L.B. = Licensed Business; O.R.B. = Official Records Book; P.B. = Plat Book; PGS. = Pages; P.L.S. = Professional Land Surveyor; R/W = Right of Way; SQ.FT. = Square Feet; S.F.W.M.D. = South Florida Water Management District. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch of Description of the hereon described property is true and correct to the best of my knowledge. I FURTHER CERTIFY that this Sketch of Description meets the Standards of Practice set forth in Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. TECMI - ROW Date:_?-16,= MAR 0 1 2017 c ..1.____ ---- KEITH M. CHEE—A—TOW, P.L.S. Florida Registration No. 5328 • AVIROM & ASSOCIATES, INC. NOT VALID WITHOUT SHEETS 1 AND 2 L.B. No. 3300 REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10024-1A.1 REVISED EASEMENT AREA 03/09/16 KSBttt&ASSpC SURVEYING &MAPPING SCALE: 1"=30' REVISED EASEMENT AREA 01/27/2016 S.R.L. �� 9� 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/12/2016 REVISED LEGAL 02/16/2017 4 T , BOCA RA TON,FLORIDA 33432 BY: KSB TEL. (561)392-2594,FAX(561)394-7125 CHECKED: K.M.C. www.AV1ROMSURVEY.com c'sT48L/SHED t9gj ©2916 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. — PG. — This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: 1 OF 2 SKETCH AND DESCRIPTION - TEMPORARY CONSTRUCTION EASEMENT THE SOUTH ONE HALF(1/2)TRACT 20, GOLDEN GATE ESTATES UNIT NO.49 (P.B.5, PGS. 80-81,C.C.R.) COLLIER COUNTY, FLORIDA LEGEND 0 30 60 -ci _ // TEMPO EAS EENT RUCTIONHIB �� GRAPHIC SCALE IN FEET 1"=30' i'o Page . ..���...r.. S.F.WM.D. '�"_�.. 7--- GOLDEN GATE CANAL h74100Fr WEST 100' OF L THE SOUTH 1/2 or. AA TRACT 20 rd EAST 30' OF THE 0 .ei i i WEST 100' OF ift. THE SOUTH 1/2 TRACT 20 rn Li Cj Cj Q o Mc') rj-"Th - � E' W , � 0/ c Zr � v• W � IG Zci Z (' � v Q c) QS W v a U V o\ Ci K. Wro Z of cy W V FE aI ,��W - o 1` ~ 0 �, Q � W o .7 , 0 9 1n3oQ4,W c.) ;5_ co zU < � CD 14-1 CD Q WCL W 0- � y z � N-.. � 1.4itr_(T.:6 �� � �i m (i) Cil o Vo �i + CD cd CD m o --- 3�- oro >. A INQi rN� Q m O Lu - , MA CD II 4 W A/drid LESS THE SOUTH 30' OF THE EAST 30' OF THE WEST 100' OF THE SOUTH 1/2 SOUTH LINE TRACT 17 SOUTH LINE TRACT 20 OF TRACT 20 (P.B. 5, PGS. 80-81, C.C.R.)Th 1 /(P.B. 5, PGS. 80-81, C.C.R.) _ T L____ 1 N......... SFWMD STRUCTURE R/W 25' ACCESS ROAD R/W (O.R.B. 1182, PG. 628, C.C.R.) (O.R.B. 1184, PG. 1405, C.C.R.) 7.------ NOT VALID WITHOUT SHEETS 1 AND 2 REVISIONS AVIROM &ASSOCIATES, INC. JOB#: 10024-1 A.1 REVISED EASEMENT AREA 03/09/16 KSB ; ASSpC SURVEYING & MAPPING SCALE: 1'=30' REVISED EASEMENT AREA 01/27/2017 S.R.L. �0 & �9� 50 S.W.2nd AVENUE,SUITE 102 DATE: 01/12/2016 REVISED LEGAL 02/16/2017 S.R.L. j VI BOCA RATON,FLORIDA 33432 BY: KSB C cn TEL. (561)392-2594,FAX(561)394-7125 www.AVIROMSURVEY.corr, CHECKED: K.M.C. RSTABL/SHED 1981 ©2016 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. — PG. — This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: 2 OF 2 EXHIBIT "B" LOCATION :7;:,1,L.,,�V US� � TER OF TREES TO REMAIN a Ft y os 5 r SU r A dame v PHOTO OF CLUSTER OF TREES TO REMAIN jw: :, ..„. ,;„,..„..,,4—' 4— rad ' Ikki'' ":`, ,- N. } ^�a, sum, >, is '. as^f3 .yy s t3 W f ,,q , ,:� 16 X0!7/ .2 -1-,-,,- '.i, >k.d.Y