Parcel 505TCE Agreement PROJECT: 60245 - Logan Blvd N
PARCEL: 99999 - 505TCE
FOLIO: 64625000379
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT hereinafter
referred to as the "Agreement") is made and entered into on this /7 w-day of
75- U r! , 2022, by and between OLDE CYPRESS MASTER PROPERTY
OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, whose mailing
address is 13831 Vector Avenue, Fort Myers, FL 33907 (hereinafter referred to as
"Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3299 Tamiami Trail East, do the Office of the County Attorney, Suite
800, Naples, FL 34112 (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, County has requested that Owner convey to the County a temporary
construction easement (hereinafter referred to as "Easement") over, under, upon and
across the lands described in Exhibit "A" attached hereto and made a part of this
Agreement; and
WHEREAS, Owner recognizes the non-monetary benefit to Owner resulting from
road right of way improvements 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 set forth above, 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. 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. DOCUMENT DELIVERY - Owner shall deliver the properly executed Easement
instrument to County within 30 days of the date of this Agreement.
3. RECORDING FEES - The County shall pay for all costs of recording the Easement
instrument in the Public Records of Collier County, Florida.
4. 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 trustees, and/or
assignees, whenever the context so requires or admits.
Gp,0
5. TERM OF EASEMENT - The term of this Easement shall commence upon the
issuance of County's official Notice to Proceed to its contractor for the construction
of the Logan Blvd N Intersection Improvement Project, and shall automatically
terminate 1 year therefrom.
6. BREACH AND TERMINATION - If either party fails to perform any of the covenants,
promises or obligations contained in this Agreement, such party will have breached
this Agreement and the other party may provide written notice of said breach to the
party in breach, whereupon the party in breach shall have 15 days from the date of
said notice to remedy said breach. If the party in breach shall have failed to remedy
said breach, the other party may, at its option, terminate this Agreement by giving
written notice of termination to the party in breach and shall have the right to seek
and enforce all rights and remedies available at law or in equity, including the right to
seek specific performance of this Agreement.
7. ENTIRE AGREEMENT - Conveyance of the Property 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. This Agreement may only be amended in writing by
the parties hereto.
8. 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 CO `
DATED: rua
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYST+f ln: .,' NZEL, Clerk of the COLLIER CO 4 ` .IDA
Circuit•C'q t&'Cbrr��troller
C() OA°
ITT: V A BY. ��r�-ram►
Duty G`Idw'gt Willi.m L. McDaniel, Jr Chairman
Attest es tothairfies
signature only.
AS TO OWNER: OLDE CYPRESS MASTER PROPERTY
OWNERS ASSOCIATION, INC.,
a Florida not-for-profit corporation
DATED: i
By:
Signature (Witness 1) Paul R. Shea, President
P ' d Name
ig re (Witness 2)
v\5
Printed Name
Approved as to form and legality:
Derek D. Perry 511710
Assistant County Attorney
Last Revised 6/24/2019
1JT .j
3•• THIS IS NOT A SURVEY * * a ge I . ,Of
PARCEL 505TCE
SKETCH
I
A PORTION OF OLOE CYPRESS,UNIT ONE-SECTION 21,TWIN 48S,RNG 26E,COLLIER COUNTY,FLORIDA
T - ROW
FEB 1 7 2022
TRACT 7
(GOLF COURSE,DRAINAGE EASEMENT)
OLOE CYPRESS UNIT ONE
PLAT BOOK 32,PAGES 1-11
PARCEL JE
r 506FEE pC41 P��p.-"
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4000,40". (.9.0!"-
or
00
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IZ
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Om
< PARCEL
D �,` 505TCE
P.O.B.
PARCEL
505FEE
TRACT 13
oLDE CYPRESS UNIT ONE
PLAT BOOK 32,PAGES 1-11
PARCEL.
504FEE
P.O.C.
CURVE ARC I,ENGTH RADIUS DELTh AfiGLE_CHORD pE tING CHORp LENGTH
Cl 45.62 40.00 65'20 21 N 31 40 20 E 43.18
1JNE,PEARINC DISTAH E
L1 N 64'20'31" E 60.66'
L2 N 25'39'29" W 60.00'
L3 N 64'20'31" E 72.03'
LEGEND: L4 S 25'39'29" E 60.00'
L5 S 64'20'31" W 72.03'
T.C.E. - TEMPORARY CONSTRUCTION EASEMENT
P.O.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
I CERTIFY THAT THIS MAP WAS MADE UNDER MY DIRECTION AND..THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE BOARD"OF
THIS MAP IS NOT VALID WITHOUT THE ORIGINAL PROFESSIONAL LAND SURVEYORS IN CHAPTER-5J-17.050 THROUGH'052,r:FLORIDA
SIGNATURE AND RAISED SEAL OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER'472027; FLORIDA STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM
FLORIDA REGISTRATION No. 6557 G'/;4• ni -
FOR COLLIER COUNTY
DATE SIGNED: •
BOARD OF COUNTY COMMISSIONERS TITLE . //.'7/z 2_
PROJECT:60245
COLLIER COUNTY, FLORIDA PARCEL 505TCE
TRANSPORTATION ENGINEERING DIVISION
286S SOUTH ROR91i'SSOS DRIVE
"'"1S3'"°M1f6'( )852-6192 DATE I PROJ No. (SHEET 8 of 9 JFlLE: , t!1O
EXRISIT
••" THIS IS NOT A SURVEY **" of
PARCEL 505TCE
DESCRIPTION
A PORTION OF OLDE CYPRESS,UNIT ONE-SECTION 21,TWN 48S,RNG 26E,COLLIER COUNTY,FLORIDA
DESCRIPTION:
COMMENCING AT A POINT OF CURVATURE AND THE NORTHWEST CORNER OF TRACT 13 AND
EASTERN ROW OF LOGAN BOULEVARD AND SOUTHERN ROW OF TREELINE DRIVE (60 FT
RIGHT OF WAY) OF THE PLAT OF OLDE CYPRESS UNIT ONE, PLAT BOOK 32, PAGE 1-11,
COLLIER COUNTY, FLORIDA.
THENCE WITH A CURVE TURNING TO THE RIGHT ALONG SAID TREELINE DRIVE WITH AN
ARC LENGTH OF 45.62' , WITH A RADIUS OF 40.00' , WITH A DELTA ANGLE 65°20'21",
WITH A CHORD BEARING OF N 31°40'20" E, WITH A CHORD LENGTH OF 43.19' ;
THENCE CONTINUE ON SAID TREELINE DRIVE N 64°20'31" E A DISTANCE OF 60.66"
TO THE POINT OF BEGINNING;
THENCE N 25°39'29" W A DISTANCE OF 60.00' ;
THENCE N 64°20'31" E A DISTANCE OF 72.03' ;
THENCE S 25°39'29" E A DISTANCE OF 60.00' ;
THENCE S 64°20'31" W A DISTANCE OF 72.03' ;
WHICH IS THE POINT OF BEGINNING,
HAVING AN AREA OF 4,321.97 SQUARE FEET, 0.099 ACRES
T E BOW
FEB 17 2022
I CERTIFY THAT THIS MAP WAS MADE UNDER MY.DIRECTION AND THAT IT
MEETS THE MINIMUM TECHNICAL STANDARDS:SET FATN BY/THE:BOARD OF
THIS MAP IS NOT VALID WITHOUT THE PROFESSIONAL LAND SURVEYORS IN CHAPTER 5�1r17.050-7HROSJ(Hf 052, FLORIDA
SIGNATURE AND RAISED SEAL OF THE ORIGINALFl.ORIDA ADMINISTRATIVE CODE, PURSUANT TO CHAPTER'472,D27, FLORIDA'STATUTES.
LICENSED SURVEYOR AND MAPPER. MARK D. McCLEARY. PSM
FLORIDA REGISTRATION No. 6557 r _. ,
FOR COWER COUNTY
DATE SIGNED:
j I
BOARD OF COUNTY COMMISSIONERS TITLE PROJECT:60245
COLLIER COUNTY, FLORIDA PARCEL 505TCE
TRANSPORTATION ENGINEERING DIVISION
221135 SOUTH H°aOZEGm6 MITE
HAMS.NAM&54104(034)542-8192 DATE I PROJ No. (SHEET 9 of 9 (FILE: