Parcel 210TCE Project: 51029 Golden Gate City Stormwater
Parcel: 210TCE
Folio: 36459880007
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT- (hereinafter referred
to as the"Agreement") is made and entered into on this day of )a' L`'`' , 201",
by and between SILFREDO GUTIERREZ and SANDRA LORENZO, husband ad wife, whose
mailing address is 3131 55TH Terrace 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, c/o 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.
CAO
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: SAC 2 3
ATTEST:
CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS
Circuit Court & Comptroller COLLIER COUNTY, FLORIDA
BY: risi4V---%1 BY:
, Deputy Clerk RICK LoCASTRO, Chairman
Attest as to Citairma s
signature only.
ALTO OWNER:
1
DATED:
it L,
Witness1(Si Lire) SI RE GUTIERREZ
Name (Print or Type)
Witn ign ure) SANDRA LORENZO
?IA U0 1 eot, reCi
Name (Print or Type)
p roved as to for and legality:
EK D. PERRY, ESQ.
Assistant County Attorney it/
�\ti
Last Revised 11/14/22
EXHIBIT A
Page 1 of 1
L r—— NOTES:
j -ROW — 1. THIS IS NOT A BOUNDARY SURVEY, NOR IS IT INTENDED TO
2/19/22 -I BE USED AS ONE.
r 2. COORDINATES AND HORIZONTAL DATA SHOWN HEREON ARE
^ I STATE
(PERALLEY PLAT) 21 OTCE PLANE COORDNATEIN FEET AND ARE PSYSTEM, EAST ZONE, NORTH ROJECTED ONTO THE AAME ICAN
v DATUM OF 1983 (NAD83), 2011 ADJUSTMENT.
i # 3. BEARINGS SHOWN HEREON ARE BASED ON FIXING THE
P3 I NORTH UNE OF LOT 24, BLOCK 269, GOLDEN GATE UNIT 7,
o P.O.C. WHEREIN SAID NORTH LINE BEARS S8755'43"W.
i I NORTHEAST CORNER OF 4. PARCEL CONTAINS 339 SQUARE FEET, MORE OR LESS.
DESCRIBED PARCEL OF LAND 5. P.O.C. = POINT OF COMMENCEMENT
CONTAINS 339 SQ.FT.,± GOLDEN GATE UNIT 7 6. P.O.B. = POINT OF BEGINNING
N87°55'43"E 12 DE&PUE (PLAT BOOK 5, PAGE 136)—— 7. ORB = OFFICIAL RECORDS BOOK
8. PG = PAGE
8 113.0' (PER PLAT) —J ç.___ .
9. P = PLAT
L — —— 11.PUDE = DPUNACE EASEMENT
I ' 1 11.PUE = PUBLIC UTILITY EASEMENT
ss s. 6.0' P.O.B. 12.R/W = RIGHT-OF-WAY
13.SO. FT. = SQUARE FEET
• J t3' S87°55'43"W 113.0' 14. PID = PARCEL IDENTIFICATION NUMBER
—— S00°06'35"E 3.0'
w 3. 0°06'35"W iky
3.0' 6'DE&PUE
E (PER PLAT) cri
LOT 24,BLOCK 269 o �o- 0 10 20 401 ry.
;i
g GOLDEN GATE UNIT 7 g (INTENDED DISPLAY SCALE: 1"=40') Digitally signed by
PLAT BOOK 5,PAGE 136 w L—— Mark A.Texter
PID: 36459880007 F
3131 55TH TER�L—_— Date:2022.i2.16
L Cam- r NOT A SURVEY 09:37:41 OS'00'
12 II HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE
a AND BELIEF, THAT THE LEGAL DESCRIPTION AND
'z r 25 I I ATTACHED SKETCH WERE PREPARED IN ACCORDANCE
WITH THE APPLICABLE PROVISIONS OF CHAPTER
i 5J-17.05, FLORIDA ADMINISTRATIVE CODE, PURSUANT
TO CHAPTER 472, FLORIDA STATUTES.
i
DESCRIPTION
FA THAT PORTION OF OF LOT 24, BLOCK 269, GOLDEN GATE UNIT 7, PLAT BOOK 5, PAGE 136 IN THE PUBLIC
i RECORDS OF COWER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST. BEING MORE MARK A. TEXTER (FOR THE FIRM L.B. 642)
PARTICULARLY DESCRIBED AS FOLLOWS: PROFESSIONAL SURVEYOR AND MAPPER
L COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 24, THENCE RUN 58755'43"W ALONG THE SOUTH LINE FLORIDA CERTIFICATE NO. 6392
OF SAID LOT 24 FOR 6.0 FEET; THENCE RUN SOO*06'35"E FOR 6.0 FEET TO THE POINT OF BEGINNING.
FROM SAID POINT OF BEGINNING THENCE RUN SO0'06'35"E FOR 3.0 FEET; THENCE RUN 587'55'43"W FOR 113.0 DATE SIGNED:
i FEET; THENCE RUN NO0'06'35"W FOR 3.0 FEET; THENCE RUN N8755'43"E FOR 113.0 FEET TO THE POINT OF
BEGINNING. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
i PARCEL OF LAND CONTAINS 339 SQUARE FEET, MORE OR LESS.
AN SEAL
OF A FLORIDA UCENSED SURVEYOR
SDAS
GOLDEN GATE CITY-ALIGNMENT A JOHNSON ENGINEERING,INC. SKETCH AND DESCRIPTION-PARCEL OF LAND LYING IN
TEMPORARY CONSTRUCTION EASEMENT JOHNS 2122 JOHNSON STREET LOT 24,BLOCK 269,GOLDEN GATE UNIT 7
`r P.O.o. BOXBOX 1550 SECTION 26,TOWNSHIP 49 SOUTH,RANGE 26 EAST
FOR STORMWATER IMPROVEMENTS FORT MYERS, FLORIDA 33902-1550 COLLIER COUNTY,FLORIDA
ENGINEERING PHONE: (239) 334-0046 EWE PROJECT NO. FI E NO. SCALE SHEET
COLLIER COUNTY,FLORIDA E.B. #642& LB. /642
12/12/2022 20203244-000 26-49-26 1:40 1 OF 1