Parcel 714
PROJECT:65061
PARCEL No: 714
FOLIO No: a portion of 36667020002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (h~reinafter
referred to as the "Agreement") is made and entered into on this ~ day of
A~\+ , 2005, by and between RAYMOND M. SOBEL and TAMMY L.
SOBEL.:, husband and wife, whose mallmg address IS 13965 Collier Blvd., Naples, FL
34119, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") for construction of public facilities on adjacent lands; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
NOW THEREFORE, in consideration of these premises, the sum of two thousand
dollars ($2,000.00), 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. 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. Owner shall convey the TCE to Purchaser for the sum of $2,000.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
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· Temporary Construction Easement Agreement
Page 2
fixtures located thereon, and for any damages resulting to Owner's remaining
lands, and for all other damages in connection with conveyance of said TCE to
Purchaser, including all attorneys' fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to
make payment to American Government Services Corporation as settlement agent
for the distribution of proceeds incident to this TCE Agreement. It is mutually
understood that the Temporary Construction Easement is being acquired under
the threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within thirty (30) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
4. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the County; that the Owner has
no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the County, that the
seller has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This
provision shall survive closing and is not deemed satisfied by conveyance of title.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to reimburse the County with respect to, any and all
damages, claims, liabilities, laws, costs and expenses (including without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the County by reason or arising out of the breach
of owner's representation under paragraph 6. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
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· Temporary Construction Easement Agreement
Page 3
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
for the execution of any release, subordination or satisfaction, 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.
8. Owner agrees to grant the TCE for the purpose of constructing public facilities in
this area. This TCE shall expire on September 30, 2008. In the event that the
construction of the public facilities has not been completed by September 30,
2008, the Purchaser reserves the right to record in the Public Records of Collier
County a Notice of Time Extension which shall grant a one (1) year time extension
until September 30, 2009, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. 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, and assignees whenever
the context so requires or admits.
11. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; and the 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.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this ~ day of Ayyk" , 2005.
Dated ProjecVAcquisition Approved by BCC: Resolution No. 2004-182, Agenda item
10(F), dated 5/25/2004.
AS TO PURCHASER:
DATED:
~ tl\ 0:-
ATTEST:
BOARD OF COUNTY COMMISSIONERS
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Temporary Construction Easement Agreement
Page 4
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DWIGH1>E. ,Q~OCK; Clan<'
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~:~a\~,k~
'1. >e< .,' ''',L'D~'Dty Clerk
Attest as to ·Gb-f~þp"r.;i>:~
s 19nature on 1 y. .
AS TO OWNER:
DATED:? /2.5 f05
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
WITNESSES:
/~1,~
1- Signature .'
Jj~\~ìdi) ~ral
(Prin d e)
RA~
(Signature)
(I L~ tR-u~
(Printed me)
(Signature)
~~~ (!;U?<
(P nted Nam )
lev
~riJ¡"rW ~/f'
(Pr ed Name)
Approved as to form and
legal SUff. i~ie"T ..
14 ,~ (/"-
Heidi ~ A's-hton
Assistant County Attorney
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TRACT
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EXHIBIT lIA
Page-l. of...J.- ~ ~
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TRACT ________________. _____
.----------ë:[. ~~-------------- L115
. 113 ......
GOLDEN GATE ESTATES
UNIT NO, 2
P,B. 4, PAGE 75
TRACT
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LEGAL DESCRIPTION
A portion of the North 1/2 of Tract
11.3 Golden Gate Estates Unit No.2,
Plat Book 4, Pages 75-76, of the
PublIc Records of Collier County,
Florida, being more particularly
described as follows:
Commencing' at the Northeast corner
. . of Tract 113; thence S.B9'31'2B"W.
. along the North line of Tract 113, a
distance of 55.00 feet to the POINT
OF BEGINNING; thence S,OO'28'32"E., a
distance af 165.00 feet to its
Intersection with the South line of the
North 1/2 of Tract 113; thence
S.89'31'28"W. along said South line. a
distance of 5.00 feet; thence
N.OO'28'32"W., a dIstance of 1 65.00
feet to Its intersection with the north
lIne of Tract 11.3; thence N,89'31'28"E.
along sold North line, a dletance of
5,00 feet to the POINT OF BEGINNING,
. Containing 825,00 square feet or
0,0189 acres, more or less.
LINE
L113
L114
L115
L116
L 117
LINE TABLE
LENGTH
55.00
165.00
5.00
165,00
5.00
NOTES:
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BEARING
SB9'31'2B"W
SOO'28'32"E
S89'31'2B"W
NOO'28'32"
N89'31'2B"E
1. This is not a survey,
2. Basis of bearing is the West line of County
Road 951 (C,R. 951) being N 00'28'32" W, Florida
State Plans Coordinates NAD B3/90, East Zone.
3. Subject to easements, reservations and
restrictions or record,
4. Easements shown hereon are per plat, unless
otherwise noted.
5, ROW. represents Right-of-Way,
6. P.O.B, represents Point of Beginning.
7. P,O.C. represents PoInt of Commenc.ement.
B. O,R. represents Official Records,
9. L.B,E. represents Landscape Buffer Easement.
10. U.E, represents UtilIty Easement.
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, . (FOR THE FIRM)
FLO~JDA-. LlÇ. NO.5. 34
. '-. ...! .
trd·j ~,~}¿: ,:-: (DATE SIGNED)
NOT VÀLlD WITHOÚ¡ tHE SIGNATURE AND THE
ORGINAL /Rh.l§ :;D¡. S'EAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER,
CERTIFICATE OF AUTHORIZATION LB #43
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GRAPHIC SCALÈ'
JECT NO.1 65061 PARCEL NO. , 714-
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18, 2003 - H;17;3~ MlAMUREIX:\SUR\N8015\95I1d100,dW9
COLLIER COUNTY DEPARTMENT
OF TRANSPORTA TJON
SKETCH'&¿ DESCRIPTION
PROJECT NO"
N6015-005-000
09/200:1
]
200
FILE NO.1
2L-812