Parcel 179TCE Project: 51029 Golden Gate City Stormwater
Parcel: 179TCE
Folio: 36236640004
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT., (hereinafter
re tied to as the "Agr9ement") is made and entered into on this day of
, 202by and between CLAUDIA A. OLIVER and HERVIN OLIVER,
wife and hisband, whos mailing address is 5134 19th Avenue SW, Naples, FL 34116
(hereinafter"Owner") and COLLIER COUNTY, a political subdivision of the State of Florida,
its successors and assigns, whose mailing address is 3299 Tamiami Trail East, do the
Office of the County Attorney, Suite 800, Naples, Florida 34112 (hereinafter "the County").
WHEREAS, the County requires a Temporary Construction Easement (hereinafter
"the Easement") over, under, upon and across the lands described in Exhibit"A" (hereinafter
"the Property"), which is attached hereto and made a part of this Agreement, for the purpose
of replacing and constructing drainage and related facilities within the public right of way and
drainage and utility easement immediately adjacent thereto, together with the right to place,
excavate, use, store, remove, and dispose of soil, trees, landscaping and other materials
and improvements as shall be required to construct said drainage facilities; subject to the
restrictions contained herein; 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
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. CLOSING DOCUMENTS - Owner shall convey the Easement to the County, in a form
acceptable to the County and at no cost to the County, unless otherwise stated herein.
Said conveyance (Owner's delivery to the County of a properly executed easement
instrument) is hereinafter referred to as the "Closing." The County shall pay all
Easement instrument recording fees.
3. TIME IS OF THE ESSENCE - Both Owner and the County agree that time is of the
essence. Therefore, Closing shall occur within 30 days of the date of execution of this
Agreement or within 30 days of the County's receipt of a properly executed Temporary
Construction Easement, whichever is the later. This agreement shall remain in full
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force and effect until Closing shall occur, until and unless it is terminated for other
cause.
4. TERM OF EASEMENT-The term of the Easement shall commence upon the issuance
of the County's official Notice to Proceed to its contractor for the construction of Golden
Gate City Stormwater Project 51029 and shall automatically terminate one year
therefrom.
5. 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, and/or assignees,
whenever the context so requires or admits.
6. ENTIRE AGREEMENT- Conveyance of the Easement, 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 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 the County.
7. 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.
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 THE COUNTY:
a rr
DATED: 40
, �r 2b
ATTEST:
CRYSTAL K. KINZEL,,Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: ► ► a. "AP
, Deputy Ct.-r' � RICK LoCASTRO, Chairman
Attest as to Chairman's
sk ,nature only.
AS TO OWNER:
DATED: 44 iy3
`'//V-— / '/K/ --- -------C" --:--------- :)___----,__.-
Witness (Signature) CLAUDIA A. OLIVER
J-,4d,- , d
Name (Print or Type)
(if e441( /
Witn'ss (Signature) HER IN OL VER
Name (Print or Type)
A r ed as to for and legality:
fi
DEREK D. PERRY, ES N
Assistant County Attorn \'‘'s
\\' .
Last Revised 11/14/22
179TCE
LEGAL DESCRIPTION & SKETCH
3/22/22 TEMPORARY CONSTRUCTION EASEMENT
5134 19TH AVENUE S.W. (FOLIO NO. 36236640004)
NAPLES, FLORIDA
EXHIBIT A
Page 1 of 2
DESCRIPTION:
THAT PORTION OF LOT 16, BLOCK 162, GOLDEN GATE UNIT 5, AS RECORDED IN PLAT
BOOK 5, PAGES 117-123 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LYING IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE S 33°48'49" W,
ALONG THE WEST LINE OF SAID LOT 16, FOR 6.01 FEET; THENCE S 56°11'11" E FOR
6.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT, RADIUS 1617.11 FEET, DELTA ANGLE 00°29'46",
CHORD BEARING S 55°43'33" E, CHORD DISTANCE 14.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR 14.00 FEET;
THENCE S 33°48'49" W FOR 113.01 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT, RADIUS 1504.11.00 FEET, DELTA ANGLE 00°32'00", CHORD
BEARING N 55°41'28" W, CHORD DISTANCE 14.00 FEET; THENCE NORTHWESTERLY
ALONG THE ARC OF SAID CURVE TO THE LEFT FOR 14.00 FEET; THENCE N 33°48'49"
E FOR 113.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 1582 SQUARE FEET, MORE OR LESS.
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3 K� Tow Digitally signed
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4*7 ,'6"r+e tte, by Darren
Townsend
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Date:
STATE OF ;
sa: FLOaDA •'�� 2022.03.16
NOTES: io •4r
q;3urveYoc 15:12:33 -04'00'
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
THEREOF. DARREN TOWNSEND
N 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 5, PROFESSIONAL SURVEYOR AND MAPPER
PLAT BOOK 5, PAGES 117-123. FLORIDA CERTIFICATE. NO. 6476
NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
NOT VALID WITHOUT THE ATTACHED SKETCH OF DESCRIPTION. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
AIM Engineering& Surveying, Inc. SMIL-11304 - SMOF-1941
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36236640004)
FORT MYERS, FLORIDA 33901
www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE (239) 332-4569 JS 3-9-22 DT 3-10-22 COLLIER COUNTY
TOLL FREE (800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY:
A^ I M LICENSED BUSINESS No. 3114 SHEET 1 OF
20-1121 21 49 S 26 E COLLIER
r 1
LEGAL DESCRIPTION & SKETCH
TEMPORARY CONSTRUCTION EASEMENT
�w� 5134 19TH AVENUE S.W. (FOLIO NO. 36236640004)
��
t NAPLES, FLORIDA L = 14.00'
`��'�' R = 1617.11'
A = 00°29'46"
0 10 20 19TH AVENUE S.W. CB = S 55°43'33" E
60' R/W (P) CD = 14.00'
INTENDED DISPLAY SCALE: I" = 20' R = 1623.11'(P)
6' D&PUE (P) - 0
6' D&PUE (P)
EXHIBIT A POC: fNW CORNER f
LOT 16, BLOCK 162
Page 2 of 2GOLDEN GATE UNIT 5 o POB
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LEGEND: -
L
CB = CHORD BEARING _
CD = CHORD DISTANCE 0 0
D&PUE = DRAINAGE & PUBLIC b fyi ^ri
UTILITIES EASEMENT a d.
L = ARC DISTANCE IN CD
LB = LICENSED BUSINESS O
NO. OR # = NUMBER 6 N LID (N czt
(P) = AS SHOWN IN ,', (-0P.B. 5, PGS. 117-123 u u . rn
a P.B. = PLAT BOOKtii N
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LO
PGS. = PAGES m 0 CO r rl m
✓ POB = POINT OF BEGINNING via w -a
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POC = POINT OF COMMENCEMENT ^ o, v a ~ `^ Z
N R = RADIUS O m O m
R/W = RIGHT OF WAY J ° 00v �n ° 0
A = DELTA ANGLE m J
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0 6' D&PUE (P) 6' D&PUE (P)
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R = 1498.11'(P)
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NEPTUNE CANAL(P) L = 14.00'
R = 1504.11'
o"F73 NOTES: 70' R/W A = 00°32'00"
CB = N 55°41'28" W
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS CD = 14.00'
THEREOF.
o
2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 5,
PLAT BOOK 5, PAGES 117-123.
Q NOT VALID WITHOUT THE ATTACHED DESCRIPTION. THIS IS NOT A SURVEY.
"—"AIM Engineering&Surveying,Inc. SMIL-11304 - SMOF-1941
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36236640004)
— W FORT MYERS, FLORIDA 33901
.. , www.aimengr.com DRAWN: CHECKED: CLIENT:
d PHONE (239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY
: TOLL FREE(800) 226-4569 PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY:
A I M - LICENSED BUSINESS No. 3114 20-1121 21 49 S 26 E COLDER SHEET 2 OF 2,C