Parcel 196TCE THIS CONVEYANCE ACCEPTED BY: THE
BOARD OF COUNTY COMMISSIONERS,
COWER COUNTY, FLORIDA
Project: 51029 Golden Gate City Stormwater PURSUANT TO THE PROVISIONS
Parcel: 196TCE OF RESOLUTION NO. 2010-39
Folio: 36180760001
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this "_nr _ day of
, 20.- ', by and between 1900 SUNSHINE BLVD LLC, a Florida limited
liability company, whose mailing address is 5290 Golden Gate Parkway, 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 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:
DATED:301)04)11%,223
ATTEST:
CRYSTAL I )_, Clerk of the BOARD OF COUNT COMMISSIONERS
Circuit Court" ' oripoller COLLIE TY FLORIDA
BY: BY: --�°
Depyty le k RICK LoCASTRO, Chairman
Attest$to Char man s
;mature',5nSy.
AS TO OWNER:
(DAT (! ;%
1900 SUNSHINE BLVD LLC,
i Hess (Signature) a Florida limited liability company
(Ii0q -(betic)n' ,
Nam (Print or T pe)
Witn s (Signature) JONAT H CHTMAN, Manager
--7--cv _i_Dr565-(7C
Name (P int or Type)i.. oved 'as Vfld
legality:
1
DEREK D. PERRY, ESQ.
ti
Assistant County Attorney `il,
�`ti
Last Revised 11/14/22
•
ATE-ROW 196TCE LEGAL DESCRIPTION & SKETCH
3/22/22 TEMPORARY CONSTRUCTION EASEMENT Exhibit A
5270 16TH PLACE S.W. (FOLIO NO. 36180760001) Page 1 Of 3
NAPLES, FLORIDA g
DESCRIPTION: TCE-1
THAT PORTION OF LOT 1, BLOCK 159, GOLDEN GATE UNIT 4 PART 1, AS RECORDED
IN PLAT BOOK 9, PAGES 121-124 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LYING IN SECTIONS 16 & 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG
THE WEST LINE OF SAID LOT 1, FOR 6.00 FEET; THENCE EAST FOR 6.00 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH FOR
17.00 FEET; THENCE WEST FOR 9.50 FEET; THENCE SOUTH FOR 39.00 FEET; THENCE
WEST FOR 4.50 FEET; THENCE NORTH FOR 56.00 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 414 SQUARE FEET, MORE OR LESS.
DESCRIPTION: TCE-2
THAT PORTION OF LOT 1, BLOCK 159, GOLDEN GATE UNIT 4 PART 1, AS RECORDED
IN PLAT BOOK 9, PAGES 121-124 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LYING IN SECTIONS 16 & 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
rn
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH, ALONG
THE WEST LINE OF SAID LOT 1, FOR 89.00 FEET; THENCE EAST FOR 6.00 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE EAST FOR 14.00 FEET; THENCE SOUTH
FOR 110.06 FEET; THENCE N 89°57'50" W FOR 14.00 FEET; THENCE NORTH FOR
110.05 FEET TO THE POINT OF BEGINNING.
SAID LANDS CONTAINING 1,541 SQUARE FEET, MORE OR LESS.
N
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a
K: Digitally signed
•Tpyy
4. 'i° 7 ~%4. by Darren
Townsend
Date:
0. STATE OF
:Q
FLORIDA .• 2022.03.16
32 NOTES: o�•••.......o�to-
•�Surva`1 15:10:27 -04'00'
1. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS
THEREOF. DARREN TOWNSEND
2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4, PROFESSIONAL SURVEYOR AND MAPPER
PART 1, PLAT BOOK 9, PAGES 121-124. FLORIDA CERTIFICATE. NO. 6476
NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND
NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY. SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
SIMINNO®_ AIM Engineering& Surveying,Inc. SMIL-11461 - SMOF-1837
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001)
FORT MYERS, FLORIDA 33901
. -- -_ www.aime!)gr.com DRAWN: CHECKED: CLIENT:
PHONE(239) 332-4569 1S 3-9-22 DT 3-10-22 COLLIER COUNTY
TOLL FREE (800) 226-4569
A I M LICENSED BUSINESS No. 3114 PROJECT 11 1 6C& TOWNSHIP: RANGE: COLLIE SHEET 1 OF 3
20-1121 16 & 21 49 S 26 E COLLIER ,`tee
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1 ' 6TCE LEGAL DESCRIPTION & SKETCH
.0'`� TEMPORARY CONSTRUCTION EASEMENT Exhibit A
/'♦♦A 5270 16TH PLACE S.W. (FOLIO NO. 36180760001)
4:,tY NAPLES, FLORIDA Page 2 of 3
0 l0 20 16TH PLACE S.W.
INTENDED DISPLAY SCALE: 1" = 20' 60' R/W (P)
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PART 1, PLAT BOOK 9, PAGES 121-124.
NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY.
= AIM Engineering& Surveying,Inc. SMIL-11461 - SMOF-1837
2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001)
FORT MYERS, FLORIDA 33901
www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE(239) 332-4569 15 3-9-22 DT 3-10-22 COLLIER COUNTY
TOLL FREE (800) 226-4569
PROJECT NO.: SECTION: TOWNSHIP: RANGE: COUNTY: SHEET 2 OF 3 f
A I M LICENSED BUSINESS No. 3114 20-1121 16 & 21 49 S 26 E COLLIER
1 ' 6TCE LEGAL DESCRIPTION & SKETCH
,�.•� TEMPORARY CONSTRUCTION EASEMENT Exhibit A
tom5270 16TH PLACE S.W. (FOLIO NO. 36180760001)
4•1t NAPLES, FLORIDA Page 3 of 3
16TH PLACE S.W.
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7 THEREOF.
,, 2. BEARINGS BASED ON PLAT OF GOLDEN GATE, UNIT 4,
PART 1, PLAT BOOK 9, PAGES 121-124.
NOT VALID WITHOUT SHEETS 1-3. THIS IS NOT A SURVEY.
ammumumn
AIM Engineering& Surveying,Inc. SMIL-11461 - SMOF-1837
-- 2161 FOWLER STREET, SUITE 100 TEMPORARY CONSTRUCTION EASEMENT (FOLIO NO. 36180760001)
FORT MYERS, FLORIDA 33901
:::Ap-i-::- _ ---ii--_--__ www.aimengr.com DRAWN: CHECKED: CLIENT:
PHONE(239) 332-4569 IS 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 16 & 21 49 S 26 E COLLIER SHEET 3 OF 3 Z,